EULA

End User License Agreement – The Front Seat LLC

Mobile Application End User License Agreement

This Mobile Application End User License Agreement (“Agreement”) is a legal agreement between you (“End User” or “you”) and THE FRONT SEAT LLC (“Licensor”). This Agreement governs your use of THE FRONT SEAT LLC Mobile Application (including all related documentation, the “Application”), THE FRONT SEAT LLC. The Application is licensed, not sold, to you.

BY CLICKING THE “AGREE” BUTTON AND DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE AND POSSESS THE CAPACITY TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT MEET AND AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

1. License Grant

Subject to the terms of this Agreement, Licensor grants you a limited, non-exclusive, and nontransferable, and revocable license to:

  • (a) download, install, and use the Application solely for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”), strictly in accordance with the Application’s documentation; and
  • (b) access, download, and use on such Mobile Device the Content and Services (as defined in Section 7) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 7.

Note: Some features of the Application may be offered for a fee, as described in Section 21 (In-App Purchases and Subscriptions).

2. License Restrictions

Licensee shall not:

  • (a) copy the Application;
  • (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
  • (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
  • (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
  • (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
  • (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

3. User Conduct and Content Standards

You agree to use the Application only for lawful purposes and in accordance with this Agreement. Without limitation, you agree that you will not:

(a) Prohibited Content

You may not create, post, transmit, or otherwise make available any content that:

  • (i) is unlawful, fraudulent, deceptive, misleading, defamatory, obscene, pornographic, offensive, discriminatory, harassing, threatening, or otherwise objectionable;
  • (ii) infringes upon or violates the intellectual property, privacy, publicity, or other rights of any third party;
  • (iii) promotes discrimination, harassment, hate speech, or violence against any individual or group;
  • (iv) constitutes scams, misrepresentation, exploitation, chain letters, pyramid schemes, or other fraudulent activity;
  • (v) misrepresents your professional identity, qualifications, or affiliations; or
  • (vi) advertises jobs or opportunities involving scams, discriminatory practices, or otherwise unlawful conduct.

(b) Prohibited Conduct

You may not use the Application to:

  • (i) harass, threaten, abuse, or intimidate others;
  • (ii) impersonate another person or entity;
  • (iii) post false, misleading, or discriminatory job opportunities or business listings;
  • (iv) engage in fraudulent transactions or attempt to defraud other users;
  • (v) transmit spam, solicitations, or other unsolicited communications;
  • (vi) interfere with or disrupt the security, integrity, or performance of the Application, including attempting to circumvent moderation, safety, or payment systems; or
  • (vii) attempt to interfere with or disable the Application’s security features, moderation tools, or technical protections.

(c) Reporting and Moderation

The Application provides users with a mechanism to report abusive, fraudulent, or inappropriate content or behavior. Users may report through the in-app reporting feature or by contacting Licensor directly. Licensor reserves the right, in its sole discretion, to:

  • (i) review, remove, or restrict access to any content that violates this Agreement;
  • (ii) suspend or terminate accounts that engage in prohibited conduct;
  • (iii) cooperate with law enforcement or regulatory authorities in investigating or addressing violations.

(d) Enforcement

Licensor is not obligated to monitor all user-generated content but reserves the right to do so at its discretion. Violations of this Section may result in content removal, account suspension or termination, and, where appropriate, referral to law enforcement.

4. Business Verification, Fraud Prevention, and Dispute Resolution

(a) Business Verification

Licensor may, but is not obligated to, require verification of businesses or individuals posting jobs or opportunities on the Application. Verification may include submission of licenses, certifications, identification, or other documentation. Licensor reserves the right to deny, suspend, or remove access to the Application if verification is not completed to Licensor’s satisfaction.

(b) Fraud Prevention

Licensor actively monitors for fraudulent activity, scams, and misrepresentation. Any attempt to defraud users, solicit money under false pretenses, or misrepresent employment opportunities is strictly prohibited and may result in immediate account suspension or termination.

(c) Dispute Resolution Between Users

Licensor is not a party to, and does not control, any transactions, agreements, or communications between users. Users are solely responsible for resolving disputes with one another. However, Licensor reserves the right, in its sole discretion, to investigate complaints, suspend or terminate accounts, and take other actions as necessary to protect users and the integrity of the platform.

5. Reservation of Rights

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Licensor, its business partners, and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

6. Collection and Use of Your Information

You acknowledge that when you download, install, or use the Application, Licensor may collect and use certain information about you and your device. This may include:

  • Personal Information you provide when creating an account (such as name, email address, professional profile details, and other account information).
  • Device and Technical Information collected automatically (such as device identifiers, operating system, app usage data, and diagnostic information).
  • Content You Provide through the Application (such as job postings, messages, or professional information you choose to share with others).

Licensor uses this information to operate and improve the Application, to connect professionals and business owners, to provide customer support, and to comply with legal obligations.

Licensor will not sell your personal data to third parties. However, certain information may be shared with service providers who assist in operating the Application, always subject to confidentiality and security obligations.

App Tracking Transparency. If the Application engages in tracking for advertising or analytics across apps and websites owned by other companies, you will be asked for your explicit permission in compliance with Apple’s App Tracking Transparency (ATT) framework. You may change your tracking preferences at any time in your device settings.

7. Content and Services

The Application may provide you with access to the Licensor’s website located at thefrontseatapp.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services may require you to acknowledge your acceptance of Licensor’s Terms of Service and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of Licensor’s Terms of Use or Privacy Policy will also be deemed a violation of this Agreement. The Terms of Use and Privacy Policy apply in addition to this agreement and in the event of a conflict of terms, the strictest terms shall apply.

Certain Content and Services may also require payment, as described in Section 21 (In-App Purchases and Subscriptions).

8. Geographic Restrictions

The Content and Services are controlled and operated from the United States and are intended primarily for use by persons located in the United States. At this time, the Application is provided for access and use only in the United States.

If you choose to access or use the Application or Content and Services from outside the United States, you do so at your own risk and are responsible for compliance with all applicable local laws. Licensor makes no representation that the Application or Content and Services are accessible, appropriate, or available for use outside of the United States, and access may be restricted or prohibited by law in certain jurisdictions.

9. Updates

Licensor may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Licensor has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

  • (a) the Application will automatically download and install all available Updates; or
  • (b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

10. Third-Party Materials

The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). Licensor disclaims all liability related to Third-Party Materials. You acknowledge and agree that Licensor is not responsible for Third-Party Materials and does not warrant their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Licensor does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials 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.

11. Term and Termination

  • (a) The term of Agreement commences when you download or install the Application and acknowledge your acceptance and will continue in effect until terminated by you or Licensor as set forth in this Section 11.
  • (b) Licensor may terminate this Agreement at any time without notice if it ceases to support the Application, which Licensor may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
  • (c) Upon termination:
    • (i) all rights granted to you under this Agreement will be revoked and terminated, effective immediately; and
    • (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
  • (d) Termination will not limit any of Licensor’s rights or remedies at law or in equity. Upon account deletion or termination of this Agreement, your profile and personal information will be removed from public view within thirty (30) days. Certain content you have shared (such as job postings, messages already sent, or professional interactions with other users) may remain visible to other users but will either be attributed to an “inactive account” or otherwise anonymized. Licensor may retain limited information after account deletion or termination if required by law, for fraud prevention, dispute resolution, or to enforce this Agreement, consistent with the Privacy Policy.

12. Disclaimer of Warranties

THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

  • (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND
  • (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE DO NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID (IF ANY) TO LICENSOR FOR THE APPLICATION OR RELATED SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100), EXCEPT WHERE PROHIBITED BY LAW.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application, use in violation of applicable law, infringement claims arising from user-generated content, and misuse of third-party data.

15. Export Regulation

The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

16. Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

17. Governing Law and Binding Arbitration

This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

  • (a) Any dispute, claim, or controversy arising out of or relating to this Agreement or the Application shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, except where prohibited by applicable law. Arbitration shall take place in Wilmington, Delaware, in English, and judgment on the award may be entered in any court having jurisdiction.
  • (b) Class Action Waiver. To the fullest extent permitted by law, you and THE FRONT SEAT LLC agree that any proceedings shall be conducted solely in your individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative action. The arbitrator shall not have authority to preside over any form of class or representative proceeding.
  • (c) Opt-Out Right. You may opt out of this arbitration agreement within thirty (30) days of first using the Application by sending written notice to: THE FRONT SEAT LLC, c/o Registered Agent Solutions, Inc., 838 Walker Road, Suite 21-2, Dover, DE 19904. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of binding arbitration.
  • (d) Court Proceedings if Opted out or Arbitration Not Permitted. If you opt out of arbitration, or if arbitration is not permitted under applicable law, you agree that any disputes will be resolved exclusively in the state or federal courts located in Wilmington, Delaware, and you consent to the jurisdiction of those courts.

18. Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN THE SHORTEST PERIOD PERMITTED UNDER APPLICABLE LAW, WHICH MAY VARY BY STATE OR JURISDICTION. IF NO SUCH LIMITATION IS PERMITTED, THEN THE STATUTE OF LIMITATIONS PROVIDED BY LAW SHALL APPLY.

19. Entire Agreement

This Agreement, Terms of Service, and Licensor’s Privacy Policy constitute the entire agreement between you and Licensor with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

20. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

21. In-App Purchases and Subscriptions

Certain features, services, or content within the Application may be offered for a fee (“Paid Features”). If you choose to access Paid Features, you agree that all payments, subscriptions, renewals, and cancellations will be processed exclusively through the Apple App Store using Apple’s in-app purchase system (“IAP”) and are subject to Apple’s applicable payment terms, policies, and procedures.

  • (a) Auto-Renewing Subscriptions. If the Application offers subscription services, your subscription will automatically renew at the end of each billing cycle unless you cancel it through your Apple App Store account settings at least 24 hours before the end of the current billing period. You will be charged the subscription price displayed at the time of purchase, plus any applicable taxes.
  • (b) Cancellations. You may cancel a subscription at any time through your Apple App Store account settings. Deleting the Application does not cancel your subscription.
  • (c) Refunds. Refunds for in-app purchases are governed by Apple’s refund policies. Licensor does not provide refunds directly except as required by applicable law.
  • (d) Price Changes. Licensor may change the pricing of Paid Features or introduce new fees from time to time. Price changes will apply to the next billing cycle after notice is provided to you, unless otherwise required by Apple’s policies.

All in-app purchases and subscriptions are associated with your Apple ID, and may not be transferred between accounts.

22. Apple App Store Compliance

You acknowledge and agree that this Agreement is between you and Licensor, not Apple. Apple is not responsible for the Application or its content. Apple has no obligation to provide maintenance or support services with respect to the Application.

To the extent any warranty applies to the Application, it is provided solely by Licensor, not Apple. In the event of any failure of the Application to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation or liability whatsoever with respect to the Application.

You further acknowledge and agree that Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to:

  • product liability claims,
  • any claim that the Application fails to conform to any applicable legal or regulatory requirement, and
  • claims arising under consumer protection, privacy, or similar legislation.

You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.