1. Acceptance of Terms
By accessing or using myCarCaptain (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Service.
These Terms constitute a binding legal agreement between you, the user (“you,” “your”), and Thrapp Digital LLC (“Thrapp Digital,” “we,” “our,” or “us”), a limited liability company organized anexisting under the laws of the State of New Jersey.
We reserve the right to update or modify these Terms at any time. We will post changes to the official URL: https://mycarcaptain.com/terms-of-service. Your continued use of the Service after changes are posted constitutes your explicit acceptance of those new Terms.
2. Service Description and Pre-Launch Status
The Service is a platform designed to help users track and manage vehicle information. Features provided may include, but are not limited to:
- Maintenance and fuel log tracking from user input.
- Alerts and reminders based on input data and generative AI processing.
- AI-generated insights based on user-provided data and public data (e.g., NHTSA).
Pre-Launch Disclaimer: You acknowledge that the Service is currently in a pre-launch, informational phase (often referred to as "Alpha" or "Beta"). As such, the Service may contain bugs, errors, or incomplete features. We are not liable for any data loss, service interruptions, or functionality issues inherent to this pre-launch phase.
The Service is provided “as is” and “as available” and may change, be suspended, or be terminated without prior notice.
3. User Obligations and Eligibility
- Eligibility: You must be at least 18 years old and possess the full legal capacity and authority to enter into this binding agreement.
- Accuracy: You are solely responsible for the accuracy, truthfulness, and completeness of all data you input into the Service.
- Compliance: You agree not to use the Service for any unlawful purpose or in violation of any applicable local, state, federal, or international laws.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- Authorized Users and Data Sharing Responsibility:
- Sole Responsibility for Users: You are solely responsible for all individuals you invite or authorize to access your vehicle data ("Authorized Users").
- Access Granted: You acknowledge and agree that, by inviting an Authorized User, you grant them access to perform the following actions, and you bear all risk and liability for their actions:
- View Vehicle Data: Access all maintenance records, fuel logs, and AI insights related to the shared vehicle(s).
- Data Management: Add, edit and delete maintenance and fuel log entries.
- Data Import/Export: Import fuel log data and download vehicle reports, which may contain sensitive personal and usage data.
- Liability: You are responsible for ensuring that all Authorized Users comply with these Terms, and you agree that any breach of these Terms by an Authorized User will be treated as a breach by you.
4. Data Ownership, License, and Privacy
This section distinguishes between the raw data you enter and the derivative data the Service creates.
- User Data Ownership: You retain ownership of the raw, identifiable maintenance records and fuel logs you enter.
- License Grant: By inputting data, you grant Thrapp Digital a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, adapt, publish, distribute, and display your data (both identifiable and anonymized) for the purposes described in these Terms and the Privacy Policy.
- Anonymized Data Ownership: You acknowledge and agree that anonymized and aggregated data (data that cannot reasonably be linked back to you) is the exclusive property of Thrapp Digital LLC and may be used without restriction for commercial and research purposes.
- Data Retention and Anonymization Process:
- Anonymization Action: You may actively anonymize your data through the settings provided in the Service.
- Data Stripped: When you anonymize your vehicle data, identifiers such as VIN, license plate, nickname, user identifiers, fuel log notes, receipt photos, and maintenance documents are deleted.
- Commitment: Once data is officially anonymized, it is permanently stripped of its connection to you, and we commit to upholding that separation and will not attempt to re-identify the anonymized data.
Please review our Privacy Policy at https://myCarCaptain.com/privacy for details on how we collect, use, and protect your identifiable information.
5. AI and Data Disclaimer
- Nature of Insights: Insights provided by the Service are generated by Artificial Intelligence (AI) models that process user data and publicly available information (e.g., NHTSA). You acknowledge that AI-generated insights are only as accurate as the underlying third-party data and user inputs, and Thrapp Digital LLC is not responsible for errors originating from these external sources.
- Risk of Errors: AI may make errors, omissions, hallucinations, or misinterpretations. These insights are for informational and educational purposes only.
- User Responsibility for Verification: You explicitly agree that you are solely responsible for verifying any AI-generated information, maintenance schedules, or alerts against your vehicle’s official Owner’s Manual and original manufacturer (OEM) specifications. The Service is not a substitute for professional advice from a certified mechanic, technician, or the vehicle manufacturer.
- Assumption of Risk: You understand and agree that you assume full responsibility and risk for any decisions, actions, or omissions made based on the AI-generated insights provided by the Service.
6. Third-Party Services
The Service may provide links to, or integrate with, third-party websites, databases, or services (including, but not limited to, the National Highway Traffic Safety Administration (NHTSA) and vehicle manufacturer portals).
- No Control: Thrapp Digital LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services.
- Accuracy of External Data: We do not warrant the accuracy, completeness, or timeliness of data retrieved from third-party sources. Your reliance on such data is at your own risk.
- No Endorsement: The inclusion of any third-party link or data integration does not imply an endorsement or affiliation by Thrapp Digital LLC. You are encouraged to review the terms and privacy policies of any third-party site you visit.
7. Intellectual Property
All proprietary content, trademarks, trade dress, technology, algorithms, and source code used in the Service (excluding your raw data) are the exclusive property of Thrapp Digital LLC or its licensors. You are granted a limited, non-transferable, non-sublicensable license to use the Service strictly for your personal, non-commercial purposes, subject to these Terms.
Feedback: If you provide any suggestions, ideas, or feedback ("Feedback") to us, you hereby assign to Thrapp Digital LLC all right, title, and interest in and to the Feedback. We are free to use such Feedback without any restriction or obligation to compensate you.
8. Copyright Infringement (DMCA Notice)
Thrapp Digital respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that any content on the Service infringes upon your copyright, please submit a written notice to our designated agent containing the following:
1. A physical or electronic signature of the copyright owner or authorized representative;
2. Identification of the copyrighted work claimed to be infringed;
3. Identification of the infringing material to be removed;
4. Your contact information (address, telephone number, and email);
5. A statement that you have a "good faith belief" that the use is not authorized; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner.
DMCA Notices should be sent to:
Thrapp Digital LLC
Attn: Copyright Agent
Email: legal@ThrappDigital.com
9. Restrictions on Use
You expressly agree not to:
- Reverse engineer, decompile, copy, or distribute the Service or any of its content.
- Use automated tools (e.g., bots, spiders, scrapers) to access, monitor, or copy any part of the Service without our written consent.
- Introduce viruses, worms, or any malicious code or interfere with the security or operation of the Service.
- Exploit the Service for any commercial purpose (including reselling access) without our prior express written permission.
10. Disclaimer of Warranties
The Service is provided “AS IS” and “AS AVAILABLE.” Thrapp Digital disclaims all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be accurate, reliable, or available at any particular time or location.
11. Limitation of Liability
To the maximum extent permitted by applicable law, Thrapp Digital shall not be liable for any indirect, incidental, punitive, special, consequential, or exemplary damages, including but not limited to, damages for lost profits, lost revenue, lost data, or business interruption, arising from your use or inability to use the Service. In no event shall our total liability to you exceed the amount you paid us to use the Service in the twelve (12) months preceding the claim or one hundred dollars ($100.00), whichever is greater.
12. Indemnification
You agree to indemnify, defend, and hold harmless Thrapp Digital and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your access to or use of the Service, (b) your violation of these Terms, or (c) any data you submit to the Service.
13. Termination
Thrapp Digital reserves the right to suspend or terminate your access to the Service, with or without notice, at any time and for any reason, including, without limitation, for breach of these Terms. Upon termination, your right to use the Service will immediately cease.
14. Dispute Resolution and Governing Law
- Governing Law: These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.
- Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
- Class Action Waiver: You agree that any arbitration or proceeding shall be conducted solely on an individual basis and not in a class, consolidated, or representative action. You expressly waive the right to participate in a class action or class-wide arbitration.
15. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and Thrapp Digital concerning the Service. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
16. Contact Information
Thrapp Digital LLC
Attn: Terms Administrator
Email: legal@ThrappDigital.com
Website: https://www.ThrappDigital.com