END USER LICENSE AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE TAXI MOJO APPLICATION OR ANY ACCOMPANYING SERVICES (COLLECTIVELY, THE "LICENSED APPLICATION"). THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE "AGREEMENT") GOVERN USE OF THE LICENSED APPLICATION UNLESS YOU AND THE OWNER OF THE LICENSED APPLICATION, SWISHLY, INC. (THE "APPLICATION PROVIDER"), HAVE EXECUTED A SEPARATE AGREEMENT.
Application Provider is willing to license, not sell, the Licensed Application to you only upon the condition that you accept all the terms contained in this Agreement. This Agreement shall include the terms set forth below and all the rules and guidelines set forth on www.taximojo.com. By using the Licensed Application, you indicate that you understand this Agreement and accept all of its terms. If you do not accept all the terms of this Agreement, then Application Provider is unwilling to license the Licensed Application to you and you must immediately cease use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
This Agreement is entered into between you and the Application Provider. Apple, Inc. ("Apple") is not a party to this Agreement and shall have no obligations with respect to the Licensed Application. Application Provider, not Apple, is solely responsible for the Licensed Application and the content thereof as set forth hereunder. However, Apple and Apple's subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
a. Ownership; License: Application Provider shall own and retain ownership in the Licensed Application, and all intellectual property therein. Contingent upon your compliance with the terms and conditions of this Agreement, Application Provider hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license (the "License") to use the Licensed Application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the "Usage Rules"). This license does not allow you to use the Licensed Application on any iPod touch or iPhone that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Application Provider may collect and use data and information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered in connection with your use of the Licensed Application. You hereby grant to Application Provider a perpetual, royalty-free, non-revocable license to use such collected data and information to provide services in connection with the Licensed Application to you and other users, to improve any of Application Provider's products or services, and for any other purpose consistent with applicable laws.
c. Termination: The License is effective until terminated by you or Application Provider. Your rights under this License will terminate automatically without notice from the Application Provider if you fail to comply with any term(s) of this Agreement. Upon termination of the License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Username; Password: You are responsible for maintaining the confidentiality of any user ID and/or password used by you in connection with the Licensed Application. You expressly agree not to share your user ID and/or password with any other person. You are solely responsible for all activities that occur under your user ID and/or password, and you agree to notify Application Provider immediately of any unauthorized use of your user ID and/or password or any other breach of security related to the Licensed Application. If you are concerned that your password has been compromised, or you have lost your mobile device, it is your responsibility to change your password, notify Application Provider immediately, and cancel any unauthorized reservations. APPLICATION PROVIDER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID, PASSWORD, MOBILE DEVICE, OR TO COMPLY WITH THIS SECTION.
e. Payment Terms: You agree to make or collect any and all owed payments in connection with your use of the Licensed Application using Paypal. All payments shall be made in compliance with all applicable terms and conditions of Paypal and the Application Provider, including without limitation the payment guidelines set forth on www.taximojo.com. All payment made to Application Provider shall be non-refundable.
f. Use of Licensed Application:
Location data provided by any Services is for the purpose of providing you the status of your order only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Application Provider shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
You agree that the Licensed Application may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Licensed Application.
Licensed Application is not available in all languages or in all countries. Application Provider makes no representation that Licensed Application is appropriate or available for use in any particular location. To the extent you choose to access Licensed Application, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable international, foreign, national, state, or local laws.
Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any portion(s) of or the entire Licensed Application at any time without notice. In no event will Application Provider be liable for the removal of or disabling of access to any portion of the Licensed Application. Application Provider may also impose limits on the use of or access to any portion(s) of the Licensed Application, in any case and without notice or liability.
g. Representations and Warranties: By using the Licensed Application, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction which restricts the use of the Licensed Application because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Licensed Application. Without limiting the foregoing, the Licensed Application is not available to children (persons under the age of 18). By using the Licensed Application, you represent and warrant that you are at least 18 years old. By using the Licensed Application, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Licensed Application is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Licensed Application you agree to comply with all applicable laws from your home nation, the country , state and city in which you are present while using the Licensed Application.
You may only access the Services using authorized means. It is your responsibility to have internet access via a mobile device and to ensure that you download the correct Licensed Application for your device. Application Provider is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Licensed Application for your handset. Application Provider reserves the right to terminate this Agreement should you be using the Licensed Application with an incompatible or unauthorized device.
By using the Licensed Application, you agree that:
You will only use Licensed Application for lawful purposes; you will not use Licensed Application for sending or storing any unlawful material or for fraudulent purposes.
You will not use Licensed Application to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the Licensed Application.
You will not try to harm or disrupt the integrity of the Licensed Application in any way whatsoever.
You will not copy, reverse engineer, decompile, or distribute the Licensed Application or other content without written permission from the Application Provider.
You will only use the Licensed Application for your own use and will not resell it to a third party.
You will keep secure and confidential your account password or any identification we provide you which allows access to the Licensed Application.
You will provide Application Provider with whatever proof of identity we my reasonably request.
If you are a driver, you expressly represent and warrant that:
You possess a valid driver's license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation for hire to third parties in all jurisdictions in which you use the Licensed Application.
You own, or have the legal right to operate, the vehicle which you intend to use when accepting passengers, and such vehicle is in good operating condition and meets the industry safety standards for a vehicle of its kind.
You have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your motor vehicle/passenger vehicle and/or business insurance to cover any anticipated losses related to the operation of a taxi/passenger delivery service.
You will be solely responsible for any and all liability which results or is alleged as a result of the operation of your motor vehicle/passenger vehicle and/or taxi/passenger delivery service, including, but not limited to personal injuries, death and property damages.
You will obey all local laws related to the operation of a taxi/passenger delivery service and will be solely responsible for any violations of such local laws.
h. Third Party Services: Licensed Application may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites, products, or services (collectively, "Third Party Materials"). By using the Licensed Application, you acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials. Third Party Materials are provided solely as a convenience to you. You must comply with all applicable third party terms of agreement when using Third Party Materials.
APPLICATION PROVIDER DOES NOT PROVIDE TRANSPORTATION SERVICES, AND APPLICATION PROVIDER IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDER, DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE LICENSED APPLICATION. APPLICATION PROVIDER ONLY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
i. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
j. Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, OR ARISING OUT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
APPLICATION PROVIDER MAY INTRODUCE YOU TO THIRD PARTY TRANSPORTATION PROVIDERS FOR THE PURPOSES OF PROVIDING TRANSPORTATION. APPLICATION PROVIDER SHALL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY TRANSPORTATION PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE APPLICATION PROVIDER FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY TRANSPORTATION PROVIDER. APPLICATION PROVIDER WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THIRD PARTIES. APPLICATION PROVIDER CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THIRD PARTIES. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE LICENSED APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. APPLICATION PROVIDER WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE APPLICATION PROVIDER FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE LICENSED APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE LICENSED APPLICATION. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE USE OF THE LICENSED APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE LICENSED APPLICATION, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE LICENSED APPLICATION AT YOUR OWN RISK.
In no event shall Application Provider's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
k. Indemnification: By entering into this Agreement and using the Licensed Application, you agree that you shall defend, indemnify and hold the Application Provider, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of transportation services arranged via the Licensed Application, (c) your use or misuse of the Licensed Application, or (d) your negligence, recklessness or other misconduct.
l. Export Law: You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Licensed Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
m. Government Users: The Licensed Application and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
n. General Provisions: This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Application Provider's prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Application Provider have executed a separate agreement.
o. Contact Information: Should you have any questions about this Agreement or the Licensed Application, you may contact Application Provider via email (support [at] taximojo [dot] com) or telephone (415.846.1421) or deliver written mail to the following address: Swishly Inc, 699 Mississippi St #209, San Francisco 94107.
Effective as of May 24, 2011.
We value your comments about our privacy statement and invite you to e-mail us with suggestions and concerns at privacypolicy [at] Swishly [dot] com.
What information is collected
In order to enhance your user experience and improve the Licensed Application, Swishly collects information about you from two sources: (i) information you affirmatively give to us; and (ii) information automatically collected when you use the Licensed Application. Third parties may also collect your information in connection with your use of the Licensed Application.
Information you give us
Should you sign up for the Licensed Application and become a member, we may ask you to provide certain information about yourself such as your name and email address. You can view all of the information collected during the registration process by visiting the registration page. You may modify or remove any of your personal information at any time by logging into your account and accessing features that will allow you to edit your profile and account information. After you provide such information and set up your account, we may ask you to provide additional information about yourself on an optional basis. We may ask you for certain financial information, including credit card account data or other payment method data, to process payments for some of our services. Swishly may collect any communication it has with you via any means, including e-mail, telephone, and letter.
Information we collect automatically
Information collected by third parties
Swishly may access information about you from third party sources and platforms such as social networking sites like Facebook, Flickr, and FourSquare when you link your Taxi Mojo account to such sources and platforms.
How information is used
Swishly uses the information it collects from you to deliver services relating to the Licensed Application to you and continuously enhance and personalize your user experience. Generally speaking, we use the collected information to communicate with you, fulfill your requests, customize the information and advertising, improve our products and services, protect our and your rights, and comply with laws and regulations.
We may use your personal information to send you promotional information and updates regarding Swishly and its products and services. You may choose not to receive such information and opt-out of such future communications by sending an email to optout@Swishly.com. All such communications sent to you will also contain instructions for opting-out.
We may store and use any location-based information that you share with us to provide you with location-based services and advertising.
The information that we collect from you may be used in aggregate form in various ways to optimize and improve the Licensed Application. While such information may be based on information about you, it will not identify you personally. We may use such information for the following purposes: website and application management, administration and security, promotional activities, research and analysis, and advertising.
With whom information is shared
If we have your consent, Swishly may share your personal information that it collects with advertisers, business partners, and other third parties that are not affiliated with Swishly.
Swishly may disclose your personal information without asking for your consent in order to protect the legal rights of Swishly or its affiliates, and each of their respective investors, directors, officers, employees, agents, and suppliers; to protect the safety and security of users of the Licensed Application or to enforce our End User License Agreement; to protect against fraud or for risk management purposes; or to comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required. If you notify us that you believe your legal rights have been violated by Swishly or another user of the Licensed Application, we may provide the information that you provide to us to others to the extent that we believe it is necessary to evaluate and respond to your complaint.
Also, in order to provide goods or services that you have requested or to complete a transaction at your request, Swishly may share your personal information with its third party service providers, including without limitation third party transportation providers, drivers, and vehicle operators, and companies that assist with payment processing, business analytics, data processing, account management, advertising, and other services. We require these companies to agree that they will only use personal information about you that they have obtained from us to provide us with specific services that we have requested and not for any other purpose.
Non-Personal Information and Aggregate Data
Swishly may share with third parties your personal information and related aggregated data. For example, (i) Swishly may share IP addresses of its users to provide anonymous aggregated data to advertisers about the volume of use on the Licensed Application and the specific services in which users are most interested; and (ii) Swishly may share information about its users with advertisers so they can measure the effectiveness of advertisements viewed through the Licensed Application. Because this form of data does not identify particular users, these third parties will not be able to contact you based solely on this data.
Change of Control
If Swishly sells all or part of its business, or makes a sale or transfer of assets, or is otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, Swishly may transfer your personal information and non-personal information to one or more third parties as part of such transaction.
How you can control the information we collect, use and share
You have the choice about whether to disclose your personal information or other information about yourself to Swishly. Regardless of your choices with respect to promotional communications and updates regarding content, Swishly may send you administrative messages, service announcements, terms and conditions of your account, or other similar communications, without offering you the opportunity to opt out of receiving them.
You always have the right to delete your Taxi Mojo account, in accordance with our End User License Agreement, by emailing support[at]taximojo[dot]com. Please note that, if you cancel your account, Swishly may retain some information about you.
How information is protected
Swishly uses reasonable measures to protect your information stored within our databases, and we restrict access to such information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Any payment transactions will be encrypted using SSL technology. Despite these efforts, please note that we cannot ensure or guarantee the security of your information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of your information at any time.