End User License Agreement: Tollsmart Data Service Terms of Use

This website, developer.tollsmart.com (the "site"), is owned and operated by Tollsmart, LLC and our affiliates ("Tollsmart", "we" or "us"). By using the site, services provided on the site, our proprietary software made available to you via the site, or toll content we make available to you through the services (collectively, "Services"), you agree to be bound by the following Terms of Service, as updated from time to time (collectively, the "Terms"). Please read them carefully. If you don't agree to these Terms, you may not use the Services.

Signing Up

In order to use our Services, you must register for a Tollsmart Developer account. When you use our application program interfaces (APIs), each request to an API must include one of your account's unique API keys.

Please carefully guard the security of your account and monitor use of your API keys. You are responsible for all use of the Services under your account, whether or not authorized, including any use of your API keys.

You must be 18 years or older to use the Services. By registering as a user or providing personal information on the site, you represent that you are at least 18 years old.

If you are entering into this agreement on behalf of your company or another legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will mean the entity you represent.

Our Services

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license and right to:

Use the Services to develop online services and online, desktop, or mobile applications;
Make the Services available to end users in connection with their use of your online services and online, desktop, or mobile applications.

As used in these Terms, "you may not" shall mean "you may not, and may not permit any third party to". Unless stated otherwise below:

You may not cache, store, or export any toll content from the Services
You may not redistribute any toll content from the Services, including from a cache, by proxying, or by using a screenshot or other static image, instead of directly accessing via our APIs
You may not resell or re-syndicate toll content from the Services to any third party, except to distribute the toll content to your end users as an integrated part of your application

We may choose to make available to you products and services that are in beta or otherwise not generally available ("Evaluation Products"). By accessing such Evaluation Products, you agree to only use them for internal evaluation or testing purposes.

Tollsmart APIs

The "Tollsmart APIs" means the Toll service APIs described in our documentation. You may cache Map Assets on end-user devices for offline use for up to 30 days, but each device must populate its cache using direct requests to the Tollsmart APIs and content from a cache may only be consumed by a single end user.

You may not use results from the Tollsmart APIs (a) to develop a general database of toll information or (b) to develop or test another tolling application or API.

For all mobile applications that use Tollsmart API Services, you must:

Limit use of your app to users at least 13 years of age or disable information sharing for users younger than 13.
Obtain your users' affirmative express consent before you access their location.
Disclose that location and usage data will be shared with Tollsmart.
Allow users to opt out of location data sharing.
Comply with any additional local requirements related to information access or sharing.

For more detail, please review our Privacy Policy.

Unlawful and Other Unauthorized Uses

You agree to comply with all applicable laws, regulations, and third party agreements in your use of the Services. You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party's use of the Services.

You may not use the Services to:

Export, re-export, or permit downloading of any content in violation of any export or import law;
Interfere with or attempt to gain unauthorized access to any computer network;
Transmit viruses, trojan horses, or any other malicious code or program; or
Engage in any other activity reasonably deemed by Tollsmart to be in conflict with the spirit or intent of these Terms.

Charges and Payment

You agree to pay all fees owed for your use of the Services, as calculated by our records based on our publicly available pricing. All charges are non-refundable unless expressly prohibited by applicable law. We may charge your credit card on a recurring basis for any amounts that you owe us. This includes autopay, which automatically charges your account on a periodic basis based on the terms of the pricing plan you signed up for. You can opt out of autopay at any time through your account settings in the Tollsmart Developer Console.

Please note that Tollsmart does not store your credit card information. It is stored with a PCI-compliant third party service which utilizes encrypted token technology to keep credit card information secure.

Ownership

Your Content

You retain ownership of all content that you contribute to the Services via the Tollsmart API Services, excluding any content that you receive from Tollsmart.

Our Content and Third Party Content

Other than Your Content, all content displayed on the site or accessible through the Services, including text, software or source code, are the property of Tollsmart and/or third parties and are protected by United States and international intellectual property laws.

Feedback

You agree that we may freely exploit and make available any and all feedback, suggestions, ideas, enhancement requests, recommendations or other information you provide to us relating to the Services.

Account Cancellation or Suspension

You may cancel at any time. However, we do not give pro-rated refunds for unused time if you cancel during the middle of a billing cycle.

Disclaimers

THE SITE AND ITS SOFTWARE, SERVICES, AND OTHER CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOLLSMART DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TOLLSMART OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SERVICES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF TOLLSMART TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID TO TOLLSMART IN THE TWELVE MONTHS PRIOR TO THE DATE ON WHICH THE DAMAGE OCCURRED.

Governing Law

These Terms are governed by and construed in accordance with the laws of Virginia, without giving effect to any principles of conflicts of law. Any action arising out of or relating to these Terms must be filed in the state or federal courts for Fairfax County, Virginia, USA.