This Terms of Use and Licensing Agreement and all other documents incorporated by reference (collectively, the “Terms” or “Terms of Use”) set forth the binding agreement between you (“You” or “Your”) and Ikon Technologies. (“Ikon”,” “We,” or “Us”) with respect to access to and use of our mobile application and related services. Our mobile application is defined as the application, our website (www.Ikonconnet.com), any associated software, any documents or recordings generated, maintained, or retained by Us, and any other communications to You in any format (collectively, the “App”). Ikon and its affiliates provide technology services to car dealerships and/or their customers through a wireless/mobile network cellular gateway using several technologies including integrated sensor and location components for geolocation and related services (“Services”).
THESE TERMS AND CONDITIONS CONTAIN A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS AND CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE SECTION IX (E) FOR INFORMATION.
For so long as You agree to these Terms and abide by them, and unless these Terms or Your access to the App or Services is terminated as provided herein, You may use the App and Services. Subject to compliance with these Terms, We grant you a limited, non-exclusive, nontransferable, revocable, personal license to download, install and operate the App and the Services. We and Your Dealer have installed a device in Your vehicle to facilitate the functionality of the App and to facilitate its Services.
To use the App and Services, You are required to set up a “Subscription” directly with Ikon. You may also be provided the App and/or Services, in whole or in part, by registration through Your auto dealer. Such a registration is subject to the Terms as applicable. When You set up a Subscription or obtain Services, You are required to provide personal information, which may include, but is not limited to, personal information such as Your full name, email address, date of birth, physical address, contact phone number and vehicle information. You are also required to select a password to access the App and Services. We have the sole authority and discretion whether to permit You to access the App and Services. We commit to making the App and Services available to all qualified users including those with a disability.
You are solely responsible for all use of the App and Services and all activities that occur under or in connection with it. You agree (i) to be responsible for any act or omission of any person accessing the App and Services under Your Subscription that, if undertaken by You, would be deemed a violation of these Terms, and (ii) that such act or omission shall be deemed a violation of these Terms by You. Please notify Us immediately if You become aware that Your App or Services are being used without authorization. You agree not to register for a Subscription on behalf of an individual other than You.
When you register for a Subscription or otherwise use the App and Services, You agree to use Your real name, and You agree that any information You submit about yourself is truthful and accurate. You warrant and represent that all information You provide to Us on the App or for the
Services is true, accurate, current, and complete, and You agree to maintain and promptly update such information to keep it true, accurate, current, and complete. If We believe or suspect that such information is untrue, inaccurate, not current, or incomplete, We may deny or terminate Your access to the App or Services.
You acknowledge that the App and Services may, from time to time, be unavailable (e.g., due to scheduled maintenance or system upgrades), and We cannot, and do not, guarantee any specific minimum availability of the App or the Services. You hereby expressly permit Us or our authorized contractors and partners to access Your App, Services or Subscription to investigate and diagnose actual or potential defects, or other technical problems with the App and Services. You agree to promptly notify Us of any disruptions in the App’s or Services’ operations.
You must have a mobile communication subscription for the necessary carrier services with a participating carrier or otherwise have access to a mobile communications network through which We make the App and Services available. You are responsible for all service fees associated with any such mobile access, including all applicable data fees, and for complying with all terms of use imposed by the carrier.
When using the App and Services, You agree not to: (a) infringe the copyright, trademark, trade secret, intellectual property, or other proprietary right of Us or others; (b) violate the privacy, publicity, or other rights of third parties; (c) engage in conduct that is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by Us in Our sole discretion; (d) provide information that is false, inaccurate, not current, or incomplete; or (e) violate Our policies or any law, civil or criminal;
expressly permitted by Ikon (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the App or Services is compiled or interpreted, (iii) copy, replicate, transcribe or reproduce the ‘look and feel’ of the App, including its features and functionalities; (iv) link to, mirror or frame any portion of the App or Services; (v) use the App or the Services for illegal purposes or for promotion of dangerous activities; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted or received.
We and/or our vendors and suppliers, as applicable, retain all rights, title, and interest in and to the App and the Services. Nothing in these Terms grants You any right to receive delivery of a copy of our source code or other technology or to obtain access to it except as generally and ordinarily permitted or licensed through the App and Services according to these Terms. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the App or in the Services, including its “look and feel,” constitute trademarks, trade names, service marks, trade dress or logos of Us or other entities.
You expressly consent to receive text messages, e-mails, SMS or other electronic, physical, or audio messaging media, including those generated through artificial intelligence, via regular mail, telephone or via the Ikon website and/or other applications (“Communications”) from Us regarding the App and Services. You agree that text messages and e-mails may be sent to effectuate the functionality of the App or for transactional purposes. You also agree that any Communications delivered in an electronic form is the same as being delivered in writing. We may also send Communications using any contact telephone numbers or email addresses you provide to Us. We may also send Communications for purposes of marketing from Us or
Your dealer. Your consent to receive marketing Communications is not a condition of any purchase. If you want to opt-out of receiving such messages you may do so in our Privacy Policy, send an e-mail to info@Ikonconnect.com or change your notification preferences in
the App. If You would like to opt out at any time, please refer to the above website or App functionality. You have the following rights regarding Your data.
Please note opting out of the App and Services does not constitute an opt out of any other website or portal of a dealer or similar app or site to which You may have consented to independently from and separate from Ikon products or services. An initial notification from Us or Your dealer that Your Subscription is about to expire is considered informational and is not considered a marketing communication for purposes of these Terms.
While accessing and/or using the App and Services We may obtain information about You, or You may be required to provide certain personal information to Us. All use by Ikon of Your personal information will be in accordance with Our Privacy Policy, You may access it here. (Link), which is incorporated herein as if set forth verbatim in these Terms. If You use the App and Services, You are accepting the terms and conditions of our Privacy Policy, as may be amended from time to time, subject to any opt out rights.
These Terms will become effective and binding when You use the App and Services, You obtain a Subscription, when You voluntarily provide any information about Yourself to Us, or when You indicate Your agreement by following any instructions We place on the App (such as buttons labeled “I Agree” or similar items).Your access to the App and Services will terminate upon expiration of your Subscription. For so long as the device is installed, We may periodically
Without limiting other remedies, We also reserve the right to limit, partially terminate, suspend, prohibit access, or take any other measures while investigating conduct which in our reasonable belief could potentially lead to legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with Our policies.
Device Limited Lifetime Warranty Terms and Conditions. IKON warrants that the device shall be free from defects in materials and workmanship UNDER NORMAL USE AND SERVICE and will substantially conform to the applicable Ikon Technologies published specifications for the Device.
This Limited Lifetime Warranty ONLY COVERS failures due to defects in materials or workmanship and DOES NOT COVER normal wear and tear or cosmetic damage. The Limited Lifetime Warranty ALSO DOES NOT COVER failures which are caused by products not supplied by Ikon, or failures which result from accidents, misuse, abuse, neglect, mishandling, misapplication, alteration, faulty installation, set-up adjustments , improper maintenance, power surge, lightning damage, modification, introduction of sand, humidity or liquids , commercial use of the product, or service by anyone other than a
Factory Service Center or other Authorized Servicer, or damage that is attributable to acts of God. THERE ARE NO EXPRESS WARRANTIES EXCEPT AS LISTED UNDER THIS "LIMITED LIFETIME WARRANTY COVERAGE".
The Limited Lifetime Warranty period results only if the Purchaser timely renews the Services from time to time as may be required by applicable agreement. If the airtime payments are current, the Device remains under the Limited Warranty. If the airtime expires at any time, then the Limited Lifetime Warranty expires and may not be renewed. Ikon may, during the active term of the warranty, at its own option, either (a) repair the device with new or refurbished parts, or (b) replace it with a new or a refurbished device. The decision to repair or replace will be made solely by Company.
UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY ACCOMPANYING YOUR PRODUCT. ALL SOFTWARE PROVIDED BY IKON FOR A MOBILE DEVICE (DOWNLOADED, OR OTHERWISE OBTAINED) IS PROVIDED “AS-IS” AND ON AN “AS-AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM IKON, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTEND POSSIBLE PURSUANT TO APPLICABLE LAW, IKON DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IKON OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY IKON OF WARRANTY REGARDING IKON SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM IKON.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE IKON SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE IKON SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. IKON DOES NOT GUARANTEE OR WARRANT THAT ANY INFORMATION, DATA OR CONTENT YOU MAY TRANSFER, STORE, OR ACCESS THOUGH USE OF THE IKON SOFTWARE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL, AND IKON SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS OR REMOVAL OCCUR. IT IS SOLELY YOUR RESPONSIBILITY TO MAINTAIN APPROPRIATE ALTERNATE BACKUP OF PURCHASER’S INFORMATION AND DATA.
We are not liable for (i) cellular company service outages; (ii) incidental or consequential damages; (iii) economic loss or injuries to persons or property arising from Your use or misuse of the App and Services, the Device, or any other equipment used in connection with the Device.
IKON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE INABILITY TO USE THE IKON SOFTWARE OR SERVICES, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXAMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF IKON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU AGREE THAT
YOU WILL USE THE SOFTWARE PRODUCT AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR SOME OTHER TYPES OF LOSS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IKON’S TOTAL LIABILITY TO YOU FOR ALL THE LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE IKON SOFTWARE OR THIRD PARTY APPLICATIONS ON YOUR MOBILE DEVICE, OR ANY OTHER PROVISIONS OF THE TERMS, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THE IKON SERVICES OR ANY SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THE IKON SOFTWARE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
To the fullest extent permitted by applicable law, You agree to indemnify and hold harmless Ikon, its officers, directors, employees, affiliates, contractors, and agents, from and against any and all claims, damages, obligations, losses, liabilities, judgments, fees, fines, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the App or Services(ii) Your violation of any term of these Terms; (iii) Your violation of any third party right; (iv) Your violation of any applicable laws. This indemnification obligation will survive the termination or expiration of these Terms and the termination or discontinuation of Your use of the App and Services.
We may change these Terms from time to time. Any such changes will become effective when posted on the App and will be evidenced by a new “Last Updated” date above. If You object to any such changes, Your sole recourse will be to cease using the App and the Services. Continued use of the App and/or the Services following posting of any such changes will indicate Your acknowledgement of such changes and Your agreement to be bound by the revised Terms, inclusive of such changes.
We reserve the right to modify the App, or Services at any time without notice. If You object to any changes to the App or Services, Your sole recourse will be to cease using them. Continued use of the App or Services following posting of any such changes will indicate Your acknowledgement of such changes and satisfaction with the App and Services as so modified. We also reserve the right to discontinue the App and/or Services at any time without notice. We will not be liable to You or any third-party should we exercise our right to modify or discontinue the App or the Services.
These Terms will be subject to the Arbitration provision herein and construed in accordance with the laws of the State of Texas, excluding its rules regarding conflicts-of-law. Any claim to enforce an arbitration award will be brought in Tarrant County, Texas.
These Terms, together with the Privacy Policy, any other separate terms referred to and incorporated herein by reference, and any other legal notices published by Ikon shall constitute the entire agreement between You and Us concerning the App and Services. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Ikon s failure to assert any right or provision under these
Terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, You agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect.
Dispute Resolution
ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIM QUALIFIES.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION COMMERCIAL ARBITRATION RULES, IF APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED.
ARBITRATION HEARINGS SHALL BE HELD IN TEXAS. IF THIS LOCATION IS NOT CONVENIENT FOR YOU, YOU MAY INFORM US. WE WILL WORK WITH YOU TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE LOCATION IN WHICH THE ARBITRATION HEARINGS WILL BE HELD SHALL BE SETTLED BY THE ARBITRATOR.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN TEXAS. IF YOU INITIATE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET
FORTH IN AAA'S CONSUMER ARBITRATION RULES. ALL OTHER FEES OF ARBITRATION ARE ALLOCATED BY AAA’S CONSUMER ARBITRATION RULES. WE PAY ALL FEES, OTHER THAN THE CONSUMER ATTORNEY’S FEES, IF WE INITIATE ARBITRATION. REIMBURSEMENT OF FEES AND COSTS UPON AWARD ARE ALLOCATED BY THE ARBITRATOR ACCORDING TO THE AAA CONSUMER ARBITRATION RULES.
To help resolve any issues promptly and directly, You and Ikon agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived.
It is important that You understand that by entering these terms, You and Ikon are each waiving the right to a trial by jury or to participate in a class action against the other party for any claims. The arbitrator's decision will be conclusive and binding and may be entered as a judgment in any court of competent jurisdiction.
I hereby acknowledge and agree to this Terms of Use. I understand and acknowledge that there is a telematics device installed on my Vehicle and it may collect data on my location and information on my Vehicle until my benefits expire at which time Ikon will disable the device.
I consent to data collection and on my location and Vehicle.
I consent to receiving notification regarding maintenance and recalls for my Vehicle.
I consent to marketing notifications about my Dealer and its products.
You continue to have opt out rights as explained in the Privacy Policy and this App.