Drivers App License Agreement

1. Introduction

This Drivers App License Agreement ("Agreement") is a legal agreement between you ("Licensee" or "you") and Garibay Software LLC ("Licensor" or "we"), for the use of the ProHauler Drivers App ("App"). By downloading, installing, or using the App, you agree to be bound by the terms of this Agreement.

2. License Grant

Subject to your compliance with this Agreement, Licensor grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a mobile device that you own or control, solely for your internal business operations.

2. The Types of Information That ProHauler Collects About You and How ProHauler Collects Information About You
ProHauler may collect two types of information from you when you visit the Platform: Personal Information and Non-Personal Information (collectively “Information”).

3. Restrictions

You agree not to:

  1. Copy, modify, or create derivative works of the App.

  2. Distribute, transfer, sublicense, lease, lend, or rent the App to any third party.

  3. Reverse engineer, decompile, or disassemble the App, except to the extent that such activity is expressly permitted by applicable law.

  4. Remove, alter, or obscure any proprietary notices on the App.

  5. Use the App for any unlawful purpose or in violation of any applicable laws or regulations.

4. Ownership

The App is licensed, not sold. Licensor retains all right, title, and interest in and to the App, including all intellectual property rights. You acknowledge that you have no ownership rights in the App.

5. Updates

Licensor may provide updates, enhancements, or modifications to the App ("Updates"). This Agreement applies to any Updates provided by Licensor that replace and/or supplement the original App, unless such Update is accompanied by a separate license, in which case the terms of that license will govern.

6. Privacy and Data Collection

Your use of the App is subject to ProHauler's Privacy Policy and Terms of Service, which are incorporated by reference into this Agreement. By using the App, you consent to the collection and use of your data as outlined in these documents.

7. Termination

This Agreement is effective until terminated. Licensor may terminate this Agreement at any time without notice if you violate any terms of this Agreement. Upon termination, you must cease all use of the App and destroy all copies, full or partial, of the App.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE APP WILL BE ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE APP; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY; OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the federal or state courts located in Kansas.

11. Miscellaneous

  1. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

  2. This Agreement constitutes the entire agreement between you and Licensor regarding the App and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, regarding the App.

  3. Licensor’s failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.

12. Contact Information

If you have any questions about this Agreement, please contact us at: 

Garibay Software LLC
220 Levee Dr,
Manhattan, KS 66502, USA
Email: support@prohaulersoftware.com