⚠️ Important Notice
1. Acceptance of Terms
By downloading, installing, accessing, or using the LogiSmile mobile application ("App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to all of these Terms, do not use the App.
These Terms constitute a legally binding agreement between you ("User" or "you") and LogiSmile ("Company," "we," "our," or "us") regarding your use of the App and related services.
2. App Description and Free Trial
LogiSmile is a route optimization mobile application designed to help delivery drivers plan efficient routes, reduce fuel consumption, and save time. The App provides route suggestions based on various factors including traffic, distance, and delivery requirements.
Free Trial: The App offers a free trial period during which users can experience the functionality before choosing to upgrade to paid features. The features available during the free trial are representative of the paid version's capabilities.
Upgrade to Paid Version: After the free trial, users may choose to upgrade to access continued functionality. The paid version provides the same core features experienced during the trial period.
3. Limited Liability and Disclaimers
3.1 Use at Your Own Risk
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. Your use of the App is entirely at your own risk. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
3.2 Route Suggestions Only
The App provides route optimization suggestions and recommendations only. YOU ARE SOLELY RESPONSIBLE FOR ALL DRIVING DECISIONS and must use your own judgment regarding:
- Route selection and navigation
- Traffic laws and regulations
- Vehicle safety and road conditions
- Weather conditions and driving safety
- Delivery scheduling and customer commitments
3.3 No Liability for Consequences
LOGISMILE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES arising from or related to:
- Use or inability to use the App
- Any route suggestions or navigation recommendations
- Accidents, traffic violations, or safety incidents
- Fuel costs, time delays, or delivery issues
- Loss of business, profits, or revenue
- Data loss or corruption
- Any third-party services or integrations
3.4 Maximum Liability Cap
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS LESS.
4. User Responsibilities
By using the App, you agree to:
- Comply with all applicable laws, regulations, and traffic rules
- Drive safely and responsibly at all times
- Verify route information before following suggestions
- Maintain appropriate insurance coverage for your vehicle and activities
- Use the App only for lawful purposes
- Not interfere with or disrupt the App's functionality
- Provide accurate information when required
- Keep your account credentials secure
- Keep your phone and access to the app secure
5. Intellectual Property
The App and all content, features, and functionality are owned by LogiSmile and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal or business purposes.
You may not copy, modify, distribute, sell, or lease any part of the App or its content, nor may you reverse engineer or attempt to extract the source code.
6. Payment and Subscriptions
6.1 Free Trial
LogiSmile offers an initial free trial that allows you to test the app functionality before committing to a paid subscription. No payment is required during the trial period.
Any unused portion of a free trial, if we're currently offering one, will be forfeited should you purchase a subscription.
6.2 Paid Subscriptions and Auto-Renewal
After the free trial, continued access to App features requires a paid subscription. Payment will be processed through the App Store or Google Play Store according to their respective terms and conditions.
LogiSmile subscriptions purchased in-app automatically renew monthly. To avoid renewal, you must turn off auto-renewal at least 24 hours before your subscription ends. You can turn off auto-renew at any time from your iTunes/Google Play Store account settings.
6.3 Cancellation and Mid-Period Policy
If you cancel your LogiSmile service in the middle of a service period, you will not be refunded for the remaining amount.
6.4 Refunds and Payment Policy
Refund requests are handled according to the App Store or Google Play Store policies. We do not provide direct refunds for in-app purchases.
We will also not refund payments made for access that was subsequently not made use of. Payments are made in order to enable access to the LogiSmile App if and when needed, not for specific usage.
6.5 Service Changes and Charges
LogiSmile is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to the charge for its services at any time and for any reason. We will make the charges clear.
7. Data and Privacy
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the App, you consent to the collection and use of information as described in the Privacy Policy.
8. Internet Connectivity and Device Requirements
8.1 Internet Connection Requirements
You should be aware that there are certain things that LogiSmile will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but LogiSmile cannot take responsibility for the app not working at full functionality if you don't have access to Wi-Fi and you don't have any of your data allowance left.
8.2 Mobile Data and Roaming Charges
If you're using the LogiSmile app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app or other third-party charges. In using the app, you're accepting responsibility for any such charges, including roaming data charges, if you use the app outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device on which you're using the app, please be aware that we assume that you have received permission from the bill payer to use the app.
8.3 Device Battery and Maintenance
Along the same lines, LogiSmile cannot always take responsibility for the way you use the app. You need to ensure that your device stays charged – if it runs out of battery and you can't turn it on to avail of the Service, LogiSmile cannot accept responsibility.
9. App Updates and Platform Compatibility
9.1 App Updates
At some point, we may wish to update the app. The app is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change. You'll need to download the updates if you want to keep using the app. LogiSmile does not promise that it will always update the app so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise always to accept updates to the application when offered to you.
9.2 App Availability and Termination
We reserve the right to modify, suspend, or discontinue the App or any part of it at any time without notice. We do not guarantee that the App will always be available or error-free.
We may also wish to stop providing the app and may terminate your use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app and (if needed) delete it from your device.
We may update the App and these Terms from time to time. Continued use of the App after changes constitutes acceptance of the updated Terms.
10. Indemnification
You agree to indemnify, defend, and hold harmless LogiSmile, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:
- Your use of the App
- Your violation of these Terms
- Your violation of any rights of another party
- Any accidents or incidents while using route suggestions
- Any claims related to your driving or delivery activities
11. Third-Party Services and Information
11.1 Third-Party Service Integration
The App may integrate with or rely on third-party services, including mapping services, traffic data providers, and payment processors. We are not responsible for the availability, accuracy, or functionality of these third-party services.
Your use of third-party services is subject to their respective terms and conditions.
11.2 Third-Party Information Reliability
With respect to LogiSmile's responsibility for your use of the app, when you're using the app, it's important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. LogiSmile accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
12. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 2015 of India, and shall be conducted in India.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
14. Changes to Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
15. Contact Information
If you have any questions about these Terms of Use, please contact us at:
📋 Acknowledgment
BY USING THE LOGISMILE MOBILE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
If you do not agree to these terms, please discontinue use of the application immediately.