Thanks for choosing the SpotBus App (“SpotBus “). SpotBus provides personalized services with interactive features for disseminating your transportation data and other content as well as in-app notifications and messaging services. By signing up, establishing an account, or otherwise using any of these SpotBus services, including all associated features and functionalities, user interfaces, as well as all content and software applications associated with our services (collectively, the “SpotBus Services” or “Service”), or accessing any information, location, , alerts, notifications, or other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with SpotBus Inc. (“SpotBus”, “we”, “us”, “our”).
Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, limitations of liability, privacy, and waiver of class actions. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on SpotBus ‘s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the SpotBus Services or access any Content.
In order to use the SpotBus Services and access any Content, you need to (1) be 18 years or older or be 13 years or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in the United States or Canada. You also promise that any registration information that you submit to SpotBus app is true, accurate, and you have the authority to provide that information, and you agree to always keep it that way.
2 Changes to the Agreements
Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account within the App. If you received an account through a third party, you must cancel the applicable account through such third party.
3 Enjoying the Benefits of SpotBus
The information provided within the SpotBus app is provided for the mutual benefit of you, your students, and the Transportation Authority.
The services is controlled by your local school transportation authority or School District or both. The school transportation authority will determine the extent of services offered by the App. We are not responsible for the Services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered Services at any time in accordance with these Terms. Access to the Service is controlled completely by the school district or school transportation authority. Separate terms and conditions with that third party may be applicable.
4 Using our service
The SpotBus Services is the property of SpotBus Inc, and the Content is governed by your local school transportation authority. We grant you limited, non-exclusive, revocable worldwide and perpetual license permission to make use of the SpotBus Services, and limited, non-exclusive, revocable permission to make personal use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or SpotBus or the school transportation authority. You promise and agree that you are using this Service and Content for your own personal use and that you will not redistribute the Content.
The SpotBus App and the Content are not sold or transferred to you, and SpotBus retains ownership of all copies of the SpotBus App even after installation on your mobile handsets, tablets, wearable devices, and/or other devices (“Devices”).
All SpotBus trademarks, service marks, trade names, logos, domain names, and any other features of the SpotBus brand (“SpotBus Brand Features”) are the sole property of SpotBus or its licensors. The Agreements do not grant you any rights to use any SpotBus Brand Features.
You agree to abide by our terms and not to use the SpotBus Services, the Content, or any part thereof in any manner not expressly permitted by the Agreements.
5 Rights you grant us
In consideration for the rights granted to you under this Agreement, you grant us the right (1) to allow the SpotBus Services to use the processor, bandwidth, and storage hardware on your Device to facilitate the operation of the Service, (2) to allow the school transportation authorities to do the same, and (3) gather and use information based on the current location and to provide a variety of location-based services e.g. Estimated time of arrival (ETA) for the school bus.
To use such features, you must enable Location Services on your Phone and give your permission to SpotBus App before it can use your location data. SpotBus Services requires full access (even when you are not using the app or precise location) to provide such features.
If you provide feedback, ideas or suggestions to SpotBus in connection with the SpotBus Services or Content (“Feedback”), you acknowledge that the Feedback is not confidential, and you authorize SpotBus to use that Feedback without restriction and without payment to you.
6 Location Services
You acknowledge and agree that by accepting the Terms or using SpotBus you affirmatively consent to SpotBus Inc collection, use, disclosure and storage of your location full information and full access (even when you are not using the app or precise location).
You may revoke your consent with respect to SpotBus Inc collection, use, disclosure, and storage of your location information at any time by contacting [email protected] and deleting the app from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.
If you consent to our collection of location information and you do not subsequently stop the collection of this location information, SpotBus Inc will continue to collect this location information.
If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, SpotBus will resume the collection of location information.
SpotBus Inc takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
SpotBus is for your use and to collect your location information. You may not use SpotBus to collect another individual’s location information. If you violate any of this restriction or any other restriction, you will have breached the Terms, which may subject you to prosecution and damages.
7 User guidelines
SpotBus respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure SpotBus stays safe for everyone. You must follow these rules and should encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- redistributing, reproducing, broadcasting, or making available to the public any part of the SpotBus Services or the Content, or otherwise making any use of the SpotBus Services or the Content which is not expressly permitted under this Agreement or applicable law.
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the SpotBus Services, Content, or any part thereof except to the extent permitted by applicable law.
- circumventing any technology used by SpotBus or any third party to protect the Content or the Service.
- selling, renting, sublicensing, or leasing of any part of the SpotBus Services or the Content.
- removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person’s username and password.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
8 Service limitations and modifications
SpotBus and the school transportation authority will make reasonable efforts to keep the SpotBus Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. SpotBus reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the SpotBus Services all without liability to you for any interruption, modification, or discontinuation of the SpotBus Services or any function or feature thereof. You understand, agree, and accept that SpotBus will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. SpotBus or the school transportation authorities may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
9 Customer Support
For customer support with account-related or content-related questions (“Customer Support Queries”), contact your local school transportation authority as they control all Content.
10 Warranty Disclaimer
YOU UNDERSTAND AND AGREE THAT THE SPOTBUS SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. SPOTBUS AND SCHOOL TRANSPORTATION AUTHORITIES MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SPOTBUS NOR SCHOOL TRANSPORTATION AUTHORITY WARRANTS THAT THE SPOTBUS SERVICES INC IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM SPOTBUS SHALL CREATE ANY WARRANTY ON BEHALF OF SPOTBUS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11 Severability, waiver, and interpretation
Unless as otherwise stated in this Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by SpotBus or any school transportation authority to enforce the Agreement or any provision thereof shall not waive either party’s beneficiary right to do so.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
You agree to indemnify and hold SpotBus harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of this Agreement; (2) any Content consumed by use of this Service; (3) your violation of any law or the rights of a third party.
The SpotBus App and all associated services are created, owned, and distributed by SpotBus Inc.
114 Turnpike RD STE 106, Westborough MA 01581