Last updated: July 24, 2019

These Terms and Conditions ("Terms") govern the access or use by you (the “user” or “you”) of  the Paper Maps mobile application (the "Service(s)") operated by Abbro Inc. ("Abbro", “us", "we", or "our").

THESE TERMS AFFECT YOUR LEGAL RIGHTS. YOU SHOULD READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Abbro. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Abbro may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time and for any reason.

Abbro may amend the Terms related to the Services from time to time. Any such amendment will be effective upon Abbro’s posting of such updated Terms to the Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in Abbro’s ‘Privacy Policy’ located at https://www.paper-maps.com/privacy-policy, which is incorporated in its entirety to these Terms. You should read Abbro's Privacy Policy prior to using the Service. Abbro may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party provider and such information or data is necessary to resolve the complaint, dispute or conflict.

 

     User Requirements and Conduct

  1. By using the Service, you warrant to comply with all applicable laws, and to use the Service only for lawful purposes. You agree, in your use of the Service, not to cause nuisance, annoyance, inconvenience, or property damage to any other party.

  2. If you choose to use the Service while operating your vehicle to assist with navigation, you must remain aware of your surroundings.

    Subscriptions and Billing

  3. The Service is billed on a subscription basis ("Subscription(s)"). Users can obtain a Subscription through the Service.

  4. You will be billed in advance on a recurring and periodic basis ("Billing Cycle").

  5. All billing and payments in connection with your Subscription is controlled and managed by either Apple through the Apple App Store or Google through the Google Play Store (the “App Store(s)”). In order to obtain a Subscription, you must agree to any terms and conditions applicable to your use of the App Stores. Apple or Google’s billing and payment practices in connection with the Subscriptions may change from time to time. Abbro is not responsible for any terms and conditions applicable to your use of the App Stores.

  6. In order to obtain a subscription, you must provide Apple or Google, through the applicable App Store, with your personal billing information. Abbro is not responsible for Apple or Google's collection, storage or use of your personal billing information. Abbro will not collect, store or use your personal billing information. Abbro hereby disclaims, and you hereby agree to accept Abbro's disclaimer of, any responsibility for the collection, storage or use of your billing information, including for greater certainty the security of your personal billing information.

  7. Abbro, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Abbro will provide notice of any change in Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

  8. At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions, unless: (1) the "automatic renew" feature is disabled through the App Store at least 24-hours prior to the end of the current Billing Cycle; (2) you cancel your Subscription through the Apple App or Google Play Stores at least 24 hours prior to the end of the current Billing Cycle; or (3) Abbro cancels your Subscription. Subscription fees will be charged directly to your Apple iTunes or Google Play Account through the applicable App Store within 24 hours prior to the end of the then current Billing Cycle.

  9. You may cancel your Subscription through the App stores. Abbro cannot cancel your Subscription for you. Your cancellation will become effective at the end of your then-current billing cycle. Abbro will not refund you any portion of your Subscription fees upon cancellation.

  10. You can evaluate service for free for the period of 30 days. You must purchase a Subscription after the end of 30 days evaluation period.

    Refunds

  11. Except when required by law, paid Subscription fees are non-refundable.

    Data and Other Charges

  12. Transmitting and receiving real-time updates to and from the Service requires an online (e.g. Wi-Fi, 3G, 4G, LTE) connection between your cellular device and the Internet. The cost of such an Internet connection and any associated charges (including, without limiting the forgoing, any data overage fees) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. The cost of maintaining such Internet connection between your cellular device and the Internet is governed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment. You hereby acknowledge and agree that Abbro is not responsible for any cost incurred in connection with your use of the Service.

  13. Users should monitor their data usage. You hereby acknowledge that Abbro has not made any representation as to the amount of data your cellular device will use in connection with your use of the Service.

    Your Suggestions

  14. Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Abbro with respect to the Service shall remain the sole and exclusive property of Abbro.

  15. Abbro shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

    Restrictions and Intellectual Property

  16. You agree not to, and you will not permit others to:

    • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Service or make the Service available to any third party.

    • Copy or use the Service for any purpose other than as permitted in these Terms.

    • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Service.

    • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Abbro or its affiliates, partners, suppliers or the licensors of the Service.

  17. The Service and all contents, including but not limited to text, images, graphics or code are the property of Abbro and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Abbro or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

    Third-Party Services

  18. The Service may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

  19. You acknowledge and agree that Abbro shall not be responsible for any third-party services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Abbro does not assume and shall not have any liability or responsibility to you or any other person or entity for any third-party services.

  20. Third-party services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

    Modification & Updates to Application

  21. Abbro reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service or any service to which it connects, with or without notice and without liability to you.

  22. Abbro may from time to time provide enhancements or improvements to the features/functionality of the Service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

  23. Updates may modify or delete certain features and/or functionalities of the Service. You agree that Abbro has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Service to you.

  24. You further agree that all Updates will be (i) deemed to constitute an integral part of the Service, and (ii) subject to the Terms.

    Termination

  25. We may terminate or suspend access to our Service immediately, without prior notice or liability, at any time and for any reason whatsoever, including, without limitation, if you breach these Terms.

  26. If you wish to terminate your Subscription, you must cancel your Subscription through the App Store and discontinue your use of the Service. If you fail to cancel your Subscription prior to discontinuing your use of the Service, you will continue to be charged Subscription fees. Abbro will not refund you any portion of your Subscription fees. You are solely responsible for properly terminating your Subscription through the App Store.

  27. All provisions of these Terms shall survive the termination of your Subscription and/or use of the Service, including, without limitation, the ownership provisions, warranty disclaimers, indemnity and limitations of liability contained in these Terms. For greater certainty, however, after terminating your Subscription your right to use the Service will immediately cease.

    Indemnification

  28. You agree to indemnify, defend and hold harmless Abbro, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from any and all claims, liabilities, damages, losses, obligations, costs, expenses (including legal fees), actions and demands arising out of or in connection with, but not limited to, (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) legal and accounting fees resulting from your use of the Service;  (iv) your violation of the rights of any third party, including third party services;

    Limitation of Liability

  29. You agree and acknowledge that you assume full, exclusive, and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Service. 

  30. Abbro, including its officers, directors, shareholders, employees, sub-contractors, partners, agents, suppliers, or affiliates, shall not be liable in contract, tort, equity, or otherwise for any loss or damage, direct or indirect, incidental, special, exemplary, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, related to, in connection with, or otherwise arising from, or in connection with the use of, or the inability to use the Service, or from any failure, error, or breakdown in the function of the Service, or from any fault, or error made by our staff or anyone acting on its behalf, or from your reliance on the content of the Service, including, without limitation, content originating from third parties, or from any communication with the Service, or with other users on or through the Service, or from any denial or cancellation of your user Account, or from retention, deletion, disclosure and any other use or loss of your content on the Service, even if Abbro has been advised of the possibility of such damages. 

  31. The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

    Disclaimer And Non-Waiver of Rights

  32. Abbro makes no guarantees, representations or warranties of any kind as regards to the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

  33. Abbro does not guarantee the quality, suitability, safety or ability of third party services. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

  34. If you breach any of these Terms and Abbro chooses not to immediately act, or chooses not to act at all, Abbro will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Abbro does not waive any of its rights. Abbro shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

  35. You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms. Abbro may assign, sub-license or otherwise transfer any of its rights or obligations under these Terms in its sole discretion, without notice, and without seeking the consent of the User

    Governing Law

  36. These Terms and your use of the Service shall be governed by the laws in the Province of Ontario and the laws of Canada, as applicable, without giving effect to any conflicts of law principles. For greater certainty, but without limiting the generality of the forgoing, any dispute, claim or controversy arising out of or relating to these Terms, including without limitation, any question regarding the existence, interpretation, validity, breach or termination of these Terms, or any dispute, claim or controversy otherwise arising out of or related to your use of the Service, shall be governed by the laws in the Province of Ontario and the laws of Canada, as applicable, without giving effect to any conflicts of law principles. 

  37. If any provision of the Terms shall be found by any Court or administrative body of competent jurisdiction, or any arbitral tribunal contemplated by these Terms, to be invalid or unenforceable, the invalidity or unenforceability of the said provision shall not affect the other provisions of the Terms. Any provision found to be unenforceable by the court, administrative tribunal or arbitral tribunal will be severed from these Terms. Such severance will be as narrow as possible and may not affect the remainder of the Terms. All provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

  38. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

    Dispute Resolution

  39. In the event of any dispute, claim or controversy arising out of or relating to these Terms, including without limitation, any question regarding the existence, interpretation, validity, breach or termination of these Terms, or any dispute, claim or controversy otherwise arising out of or related to your use of the Service (any "Dispute"), you agree to seek to resolve the dispute through mediation before pursuing the arbitration proceedings, described below. Any party to a Dispute may serve a written notice on the others of its desire to resolve the Dispute by mediation. The mediator shall be appointed by agreement between the Parties. If the Parties cannot agree within 30 days after receipt of the notice to mediate, the mediator will be appointed by Abbro. The mediation will be held at Toronto, Ontario, Canada. The expense of the mediation will be borne by the parties equally. If the dispute has not been resolved within 90 days of the notice to mediate, either party may terminate the mediation and proceed to arbitration, as set out below.

  40. All information and communications exchanged during the mediation shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by you, Abbro and their representatives, unless otherwise required by law. For greater clarity, no information or communications exchanged during the mediation shall be admissible in the arbitration proceedings, referenced below.

  41. Subject to the mediation provision set out above, any Dispute will be mandatorily submitted to arbitration proceedings under the law of arbitration and the substantive law of the province of Ontario, without giving effect to conflicts of law principles. The arbitration proceedings shall be conducted as follows:

    • Either party may commence the arbitration by serving a written notice of intention to arbitrate. 

    • The arbitration will be conducted by a single arbitrator appointed by the mutual agreement of the parties to the dispute or, in the event of a failure to agree within 30 days of the delivery of the written notice to arbitrate, by Abbro. 

    • Within 30 days of the appointment of the arbitrator, the parties will agree to the procedure to be followed in the arbitration. Failing such agreement by the parties, the procedure to be followed in the arbitration shall be determined by the arbitrator. The arbitration shall otherwise conducted in accordance with the law of arbitration in the province of Ontario.

    • The arbitration will take place in Toronto, Ontario, Canada. 

    • The decision of the arbitrator shall be final and binding on the Parties, and no appeal shall lie therefrom, on any issue of fact, law, or mixed fact and law. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. 

    • The costs of the arbitration shall be borne by the parties equally. 

  42. The existence and content of the arbitration and mediation proceedings, including documents and briefs submitted by the parties, correspondence from the parties, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

    Notice of Changes

  43. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Abbro may give notice by means of a general notice on the Services or electronic mail to your email address in your Account.

  44. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

    Sufficiency of Notice

  45. Any notice contemplated by these Terms will be provided electronically via the Service or to the electronic mail address designated in your Account, at Abbro's sole election. You hereby knowledge the sufficiency of any notice so provided. For greater clarity, any such notice will be deemed to have been received by the User when the notice enters the Service or the electronic mail address designated by the User, and becomes capable of being retrieved by the User.

    No Legal Relationship

  46. These Terms and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Service, its contents, maps and any other data.

    Contact Us

  47. If you have any questions about these Terms, please contact us info@paper-maps.com