Last updated on July 29, 2026
These Mobile App Terms and Conditions (these “Terms”) and the Honda Canada Customer Privacy Policy, including the Honda Canada Vehicle Data Privacy Policy (collectively, the “Honda Privacy Notices”), set out the terms on which Honda Canada Inc. (“Honda”, “we”, “our” or “us”) will provide you (“you” or “your”) access to and use of each mobile application provided by or on our behalf that you access or use in your Honda or Acura vehicle (the “Vehicle”) or on your mobile device (including all related documentation, the “Mobile App”) and how we collect, use, and share your personal information.
By indicating acceptance of these Terms, or by downloading, installing, or using the Mobile App, you are entering into a legally binding agreement with us. IF YOU DO NOT AGREE TO THESE TERMS AND THE HONDA PRIVACY NOTICES, DO NOT USE THE MOBILE APP, AND IMMEDIATELY DELETE AND PURGE THE MOBILE APP FROM YOUR MOBILE DEVICE (AS DEFINED IN SECTION 8 BELOW).
The Mobile App may send you push notifications, in-app messages, or other electronic communications relating to the Mobile App, Connected Services, your Vehicle, or promotional offers. You may manage your push notification preferences at any time through your Mobile Device’s operating system settings or, where available, through the Mobile App’s notification settings. Disabling push notifications will not affect notifications required for the provision of Connected Services or communications related to your account security.
All notifications or notices required under these Terms to be provided to us and questions or comments that you have about these Terms, the Mobile App, or the Connected Services may be sent to:
Honda Canada Inc.
ATTN: Honda Canada Customer Relations
180 Honda Blvd.
Markham, ON
Canada
L6C 0H9
and shall be deemed given when Honda receives them. Notifications or notices under these Terms to Honda require that an additional copy be sent to:
Questions or comments also may be directed to 1-888-946-6329.
g. Support and Maintenance. You can contact us concerning any defects or performance issues in the Mobile App or the Connected Services at Honda Canada Inc., ATTN: In-Car Technology Support, 180 Honda Blvd., Markham, ON Canada L6C 0H9, or by phone at 1-888-946-6329. We will make reasonable efforts to respond to questions relating to the Mobile App or the Connected Services, but make no representation or warranty that we will resolve all questions or that questions will be answered within a given time. We shall be under no obligation to provide any other support or maintenance services for the Mobile App or the Connected Services. The market or application store from where you downloaded the Mobile App has no responsibility to provide support and maintenance for the Mobile App or its installation, and all requests for any support and maintenance, and any complaints, with respect to the Mobile App or the Connected Services should be directed to us at the contact information above.
h. Automated Features. Certain features of the Mobile App and the Connected Services may use artificial intelligence, machine learning, or other automated processing technologies (collectively, “Automated Tools”) to provide or improve functionality, such as voice recognition, predictive maintenance alerts, route optimization, or personalized recommendations. Automated Tools may generate suggestions, alerts, or other outputs based on data from your Vehicle, your Mobile Device, or your use of the Mobile App and Connected Services. Automated Tool outputs are provided for informational purposes only and are not a substitute for your independent judgment. We do not guarantee the accuracy, completeness, or reliability of any output generated by Automated Tools. You should not rely on Automated Tool outputs as the sole basis for any decision affecting your safety, your Vehicle’s operation, or your legal rights. For information about how data is used in connection with Automated Tools, please refer to the Honda Privacy Notices.
i. Accessibility. We strive to make the Mobile App accessible to all users, including individuals with disabilities. If you experience difficulty accessing or using any feature of the Mobile App due to a disability, please contact us at Honda Canada Inc., ATTN: In-Car Technology Support, 180 Honda Blvd., Markham, ON Canada L6C 0H9, or by phone at 1-888-946-6329, and we will make reasonable efforts to assist you.
The Mobile App and the Connected Services may utilize information collected from you, your Mobile Device, or the Vehicle. The Honda Privacy Notices, which are incorporated into and made a part of these Terms by this reference, explain how we collect, maintain, use, and disclose your personal information, including (a) information provided by or collected from you when you use the Mobile App, (b) information that the Vehicle collects, generates, records, or stores in electronic form, which is retrieved from the Vehicle, typically wirelessly, by us or on our behalf, and which is linked or reasonably linkable to (i) the Vehicle from which the information was retrieved, (ii) the owner(s)/lessee(s) of the Vehicle, (iii) a connected smart device, or (iv) a registered user of Connected Services; and (c) information you provide when subscribing or registering for Connected Services. You can access the current Honda Canada Customer Privacy Policy online at https://www.honda.ca/en/privacy. and the current Honda Canada Vehicle Data Privacy Policy at https://www.honda.ca/en/privacy/vehicledata. You also may request a copy of the Honda Privacy Notices by writing or calling us at the mailing addresses or customer care telephone numbers provided in these Terms. By agreeing to these Terms (including downloading, installing, using, and providing information to or through the Mobile App or the Connected Services), you are accepting and agreeing to the Honda Privacy Notices, as each may be modified from time to time in accordance with its terms, including your consent to all actions we take with respect to your information in compliance with the Honda Privacy Notices. IF YOU TRANSFER YOUR VEHICLE OR ANY MOBILE DEVICE THAT IS CONNECTED TO THE MOBILE APP OR ANY OF THE CONNECTED SERVICES, YOU ARE SOLELY RESPONSIBLE FOR DELETING INFORMATION ABOUT YOU CONTAINED IN THE VEHICLE, YOUR MOBILE DEVICE, OR IN YOUR RELATED ACCOUNT(S).
You acknowledge that when you download, install, or use the Mobile App or the Connected Services, we may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Mobile App or the Connected Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Mobile App or certain of its features or functionality. The Mobile App and the Connected Services may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Mobile App and the Connected Services is subject to the Honda Privacy Notices. For information about how to request deletion of your personal information, opt out of the sale or sharing of your personal information, or exercise other rights under applicable privacy laws, please refer to the Honda Privacy Notices.</span>
You acknowledge that when you download, install, or use HondaLink or the Connected Vehicle Services, Honda may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of HondaLink or the Connected Vehicle Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Mobile App or certain of its features or functionality. HondaLink and the Connected Vehicle Services may provide you with opportunities to share information about yourself with others. All information Honda collects through or in connection with HondaLink and the Connected Vehicle Services is subject to the Honda Privacy Notices.
In order to download and install the Mobile App, and to use the Connected Services, you may be required to provide us with your first name, last name, email address, telephone number, and/or vehicle identification number (VIN), to create a password, and to register with us. We also may request additional information from you. You represent and warrant to us that you will provide us with accurate, current, and complete registration information. You are responsible for your registration, and for all use of the Mobile App and the Connected Services using any user credentials or passwords issued to you or chosen by you.
You understand that you can help prevent unauthorized access by logging out of the Mobile App and the Connected Services. You will keep all such credentials and passwords confidential and comply with the credential security obligations set forth in Section 3. You agree to notify us immediately at 1-888-946-6329 of any unauthorized use of your user credentials or passwords. We maintain the exclusive right to control access to the Mobile App and the Connected Services. You understand and agree that we reserve the right to revoke your registration at any time without notice or cause, for any reason whatsoever.
You further must not, and must not permit any third party to: (i) modify or create any derivative work of the Mobile App or any of the Connected Services; (ii) reverse engineer, decompile or disassemble the Mobile App or any of the Connected Services, in whole or in part; (iii) make a copy (other than a backup copy) of the Mobile App or any of the Connected Services or any part thereof (other than as expressly permitted herein); (iv) use or install the Mobile App or any of the Connected Services on a network or for online use; (v) remove, modify or obscure any copyright, trademark, or other proprietary notice, author attributions, legal notices or other labels appearing within the Mobile App or any of the Connected Services; or (vi) export or transport the Mobile App or any of the Connected Services into any country in violation of any export laws and regulations.
7. Feedback. If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions, including any that are related to the Mobile App or any of the Connected Services (collectively “Feedback”), the Feedback will be our sole property. We will be entitled to use, reproduce, modify, disclose, display, publish, perform, broadcast, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We have no obligation to maintain any Feedback in confidence, or to respond to any Feedback.
8. Equipment Requirements.
a. To properly use the Mobile App and one or more of the Connected Services, you must have equipment that meets at least the following minimum requirements (“Equipment Requirements”):
i. Compatible mobile device as listed in the App Store (iOS) or Google Play (Android) (each, a “Mobile Device”);
ii. Internet connection through Wi-Fi or cellular network connection and any appropriate data plan;
iii. Appropriate security on the Mobile Device (e.g., no alterations to device security). A certain level of device security or security protocols is required so, for example, jail-broken or rooted mobile devices might not be supported; and
iv. Certain mobile devices may require an HDMI cable, USB cable, or audio-video adapter to connect and operate the Connected Services within the Vehicle.
Equipment Requirements may change at any time, without notice, and further access to the Mobile App and the Connected Services may require acceptance of additional agreements or a newer version of these Terms. For example, the Mobile App may be made obsolete by a newer version, which may require updating an operating system and/or downloading a new version of the applicable Mobile App and accepting a newer version of these Terms or the applicable Connected Services Terms. By using the Mobile App, you further agree that we may change, alter, or modify the settings or configurations on your Mobile Device used to store or access the Mobile App in order to allow for or optimize your use of the Mobile App. The Mobile App may include digital rights management controls and other technical measures to control access to the Mobile App, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not interfere with such access control measures or attempt to disable or circumvent such security features.
b. In order to access and receive certain Connected Services, you must have an active and properly functioning factory-installed audio system in your Vehicle, an active username and password, and/or be within range of appropriate communications networks and/or Wi-Fi access and global positioning satellites, and you must accept the applicable Connected Services Terms (which may set forth additional requirements and limitations).
We may from time to time in our sole discretion develop and provide updates to the Mobile App and the Connected Services, which may include new versions, upgrades, bug fixes, patches and 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 we have 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 Mobile App 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 Mobile App 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 Mobile App and the Connected Services and be subject to all of these terms unless they are subject to a different license agreement with us. We reserve the right to discontinue the Mobile App or the Connected Services, in whole or in part.
In addition to Updates delivered through app stores, we (or our service providers) may deliver software updates, patches, configuration changes, or other modifications to the Mobile App or your Vehicle’s embedded systems remotely and automatically, without additional notice to you. By using the Mobile App, you consent to the delivery and installation of such remote updates. Remote updates may modify, add, or remove features or functionality of the Mobile App or Connected Services, and may affect settings, preferences, or data stored on your Mobile Device or in your Vehicle. We are not responsible for any data loss resulting from a remote update.
The Mobile App and the Connected Services make use of a data network operated by your wireless or Internet service provider to send data among your Mobile Device, your Vehicle, and our, our service providers’ and, if applicable, Independent Providers’ and third-party services’, servers, and call centers. Depending on your data plan, you may incur charges from your wireless or Internet service provider for use of its network and/or for specific services such as transferring vehicle data to us, our service providers, and, if applicable, Independent Providers and third-party services, making phone calls, sending or receiving text messages and/or emails or other services. You are solely responsible for any and all costs you incur as a result of your use of the Mobile App and the Connected Services.
The Mobile App and the Connected Services (including Our Property, as defined below) are the property of, or are licensed by, Honda. or the applicable Independent Provider, and are subject to copyright and other intellectual property protection. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content and technology used to deliver the Mobile App and the Connected Services or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via, the Mobile App and the Connected Services are “Our Property.” For clarity, Our Property includes all APIs, SDKs, request/response schemas, data models, documentation, cryptographic materials, certificates, keys, signatures, device attestation artifacts, and other technical interfaces and materials used by or for the Mobile App, Connected Services, Vehicles, or Honda Systems. Except as otherwise expressly permitted by these Terms, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Our Property is prohibited. You acknowledge that Our Property has been created, compiled, developed and maintained by or on behalf of us or the applicable Independent Provider at great expense of time and money such that misappropriation or unauthorized disclosure or use of Our Property by others for commercial gain would unfairly and irreparably harm us or the applicable Independent Provider in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of these Terms, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph.
The HONDA and ACURA names and logos are registered trademarks of Honda Motor Co., Ltd. You may not use the trademarks, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The Mobile App and the Connected Services also may feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Mobile App or the Connected Services, will inure solely to the benefit of their respective owners.
Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Our Property solely to the extent necessary for you to use the Mobile App and the Connected Services for your own personal, non-commercial use, as permitted by these Terms. We reserve all other rights.
The Mobile App incorporates certain free and open-source software components (“Open Source Components”) that are licensed to us under third-party open-source licenses, including the Apache License 2.0, the MIT License, the BSD 3-Clause License, and the zlib License. Nothing in these Terms is intended to limit any rights granted to you under the terms of any applicable open-source license, nor to grant you rights that supersede the terms and conditions of any such applicable open-source license.
A list of the Open Source Components used in the Mobile App, along with the applicable copyright notices and license texts, is available within the Mobile App under [Account Settings > Legal & Privacy Terms > Open Source Software] or such other location as we may designate from time to time.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE OPEN SOURCE COMPONENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COPYRIGHT HOLDERS AND CONTRIBUTORS OF THE OPEN SOURCE COMPONENTS SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY ARISING FROM YOUR USE OF SUCH COMPONENTS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) ALL USES OF THE MOBILE APP AND THE CONNECTED SERVICES, INCLUDING THEIR QUALITY, PERFORMANCE, ACCURACY AND RELIABILITY, ARE AT YOUR SOLE RISK; (b) THE MOBILE APP AND THE CONNECTED SERVICES, INCLUDING ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND; AND (c) WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MOBILE APP, THE CONNECTED SERVICES, AND INFORMATION PROVIDED BY OR IN CONNECTION WITH THE MOBILE APP AND THE CONNECTED SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AS EXAMPLES, AND WITHOUT LIMITATION, WE DO NOT GUARANTEE AND DISCLAIM ANY WARRANTY REGARDING THE ACCURACY OF DATA PROVIDED BY THE CONNECTED SERVICES, SUCH AS NEWS, TRAFFIC, POINTS OF INTEREST, OR OTHER CONTENT PROVIDED BY US, OUR AFFILIATES, OUR SERVICE PROVIDERS, INDEPENDENT PROVIDERS OR BY OR THROUGH THIRD-PARTY SERVICES; WE DO NOT GUARANTEE AGAINST LOSS OF DATA, WHICH MAY BE LOST AT ANY TIME; AND WE DO NOT GUARANTEE THAT THE CONNECTED SERVICES, INCLUDING THE ASSIST SERVICES, WILL BE PROVIDED AT ALL TIMES OR THAT ANY OR ALL CONNECTED SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR AT YOUR LOCATION. FOR EXAMPLE, CONNECTED SERVICES MAY BE UNAVAILABLE IN YOUR AREA OR LOCATION. We may pause or interrupt the Mobile App or any of the Connected Services at any time, and you should expect periodic downtime for updates to the Mobile App and the Connected Services. In addition, you understand that changes in third party technology or government regulation may render the Mobile App or any of the Connected Services obsolete or unusable. No advice or information, whether oral or written, obtained by you from us, our affiliates, our service providers, an Independent Provider or through the Mobile App, any of the Connected Services, or a third-party service will create any warranty.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF, MISUSE OF, OR INABILITY TO USE THE MOBILE APP, THE CONNECTED SERVICES, OR INFORMATION ON THE MOBILE APP OR ANY OF THE CONNECTED SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE OR OUR AFFILIATES OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR OR ANY OF OUR AFFILIATE’S OR LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) ARISING OUT OF OR RELATING TO THESE TERMS AND YOUR USE OR POSSESSION OF THE MOBILE APP OR THE CONNECTED SERVICES EXCEED THE AMOUNT OF TEN DOLLARS ($10.00).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
In consideration of our providing you access to and use of the Mobile App and the Connected Services, to the maximum extent permitted by applicable law, you agree to indemnify us, and our affiliates, service providers, agents and licensors, against any and all claims, actions, suits, proceedings, demands, liabilities, losses, damages, costs, expenses, and attorneys’ fees (“Liabilities”) arising out of or related to (a) your failure to comply with these Terms or any applicable Connected Services Terms; (b) your access to, use of, failure to use, or inability to use the Mobile App or any of the Connected Services; (c) claims for libel, slander, or any property damage, personal injury or death, arising out of or related in any way directly or indirectly to your use of the Mobile App or the Connected Services; (d) any activities of anyone other than you in connection with any Connected Services conducted through your account or with your user credentials or passwords; (e) any of your other activities under or in connection with these Terms, the Mobile App, or any of the Connected Services (but excluding any Liabilities to the extent caused by our gross negligence or willful misconduct); or (f) any access to or use of Honda Systems, the Mobile App, Connected Services, or your Vehicle by a third party in violation of Section 3 (whether or not authorized by you); or (g) any Third-Party Client that you enable, use, or authorize to interact with Honda Systems, the Mobile App, Connected Services, or your Vehicle. We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.
This Governing Law provision does not apply to consumers in Quebec. If you are a resident of Quebec, these Terms will be governed by the substantive laws of the province of Quebec or federal laws of Canada applicable therein, without regard to its or any other jurisdiction’s conflict of laws principles that would apply another law. Unless prohibited by applicable law, and to the extent permitted under applicable law, these Terms and use or operation of the Mobile App and the Connected Services are governed by the substantive laws of the province of Ontario, Canada, without regard to its or any other jurisdiction’s conflict of laws principles that would apply another law. The United Nations Convention for the International Sale of Goods is hereby disclaimed. Any legal action arising out of or related to these Terms and use or operation of the Mobile App and the Connected Services shall be filed in and heard by the court with jurisdiction to hear such disputes in your jurisdiction of residence, and you hereby submit to the jurisdiction of such courts.
Our licensors and our affiliates that are controlled by or under common control with us are intended third party beneficiaries of Sections 16 and 17, and all of our disclaimers and limitations of liability in these Terms.
In no event will we be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside our reasonable control. Without limiting the foregoing, in the absence of our gross negligence or willful misconduct, we will not be liable for any damages arising from the acts of hackers or similar bad actors interfering with the Mobile App or any of the Connected Services.
We provide the Mobile App and the Connected Services for use only by persons located in Canada. The information provided in connection with the Mobile App and the Connected Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We make no claims that the Mobile App and the Connected Services or any of their content is accessible or appropriate outside of the United States. Access to the Mobile App and the Connected Services may not be legal by certain persons or in certain countries. If you access the Mobile App or any of the Connected Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You may terminate your use of the Mobile App and the Connected Services at any time. In order to discontinue sending information related to the Mobile App and/or the Connected Service(s) that you wish to terminate to us, our service providers and, if applicable, Independent Providers or any third-party services, you must affirmatively opt out of the Connected Service(s). Neither discontinuing use of the Mobile App or a Connected Service, nor deleting athe Mobile App from your Mobile Device, is sufficient to stop information from being sent to us, our service providers and, if applicable, Independent Providers and third-party services. If you have questions about how to opt out of the Connected Services, please contact us at 1-888-946-6329. Please note that, even if you choose to opt out of the Connected Services, some limited vehicle data may still be collected to improve vehicle quality and to deliver any services related to the Vehicle.
We reserve the right to suspend your account or access to the Mobile App and the Connected Services at any time if we believe you are in breach of these Terms or any applicable Connected Services Terms. We reserve the right to terminate these Terms or to cease to offer the Mobile App or any of the Connected Services at any time on written notice to you, including by email or posting on the MyGarage website, for any reason or no reason.
If your account is terminated for any reason or no reason, you agree: (a) to immediately stop using the Mobile App and the Connected Services and to delete and purge the Mobile App from your Mobile Device; (b) that the license and rights provided by us under these Terms shall end; and (c) that we shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of the Mobile App and the Connected Services or for termination of access to your account.
Upon termination of these Terms, Sections 1, 4, 6, 8, 9, 10, and 11 shall terminate (except to the extent any rights or obligations therein have already accrued). All other provisions of these Terms, any accrued obligations and remedies hereunder, and any provisions that by their nature should reasonably survive, shall survive the termination of these Terms.
Except as otherwise expressly provided herein, these Terms set forth the entire agreement between us and you regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
Your registration, these Terms and your rights and obligations hereunder are not assignable, sublicensable, or otherwise transferable or delegable, by you to any third party without our prior written consent in our sole discretion. Any purported assignment, sublicense, transfer or delegation without such consent will be null and void. We may assign or otherwise transfer or delegate these Terms (including any rights or obligations hereunder), including to any purchaser of our business, from time-to-time in our sole discretion. These Terms will be binding upon and inure to the benefit of the parties’ successors and permitted assigns.
These Terms may be executed electronically, and your electronic assent or use of the Mobile App or any of the Connected Services shall constitute execution of these Terms. You agree that the electronic text of these Terms constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein. No waiver will be binding on us unless made in an express writing signed by us. For clarity, nothing in these Terms shall prevent either party from seeking temporary or preliminary injunctive relief, or other provisional remedies, in any court of competent jurisdiction to protect intellectual property rights, Credentials, or the security or integrity of Honda Systems, pending the outcome of arbitration.
Except as otherwise expressly provided herein, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of these Terms.
If you are accessing or using the Mobile App through an Apple device, the following additional terms are applicable to you and are incorporated into these Terms by this reference:
a. To the extent that you are accessing the Mobile App through an Apple device, you acknowledge that these Terms are entered into between you and us, and that Apple, Inc. (“Apple”) is not a party to these Terms other than as third party beneficiary as contemplated by Section 29(i) of these Terms below. You acknowledge that we, and not Apple, are responsible for providing the Mobile App and content thereof.
b. The license to the Mobile App granted in Section 6 of these Terms is further limited to installing and using the Mobile App only on an iPhone or iPad that you own or control and as permitted by the Usage Rules set forth in the Mobile App Store Terms of Service (see www.apple.com/legal/itunes/us/terms.html). For purposes of clarity, the license granted to you in Section 6 of these Terms is non-transferable.
c. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Mobile App. To the extent that there are any such maintenance or support obligations under applicable law or the terms of these Terms, we are solely responsible.
d. In the event of any failure of the Mobile App to conform to any applicable warranty (none of which is granted under these Terms), you may notify Apple, and Apple will refund the purchase price for the Mobile App to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (if any after giving effect to the disclaimers of warranties and limitations of liability in these Terms) will be our sole responsibility.
e. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and us, we, and not Apple, are responsible for addressing any claims you or any third party may have relating to the Mobile App, or your possession and/or use thereof, including: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms do not limit our liability to you beyond what is permitted by applicable law.
f. You agree that in the event of a third party claim that the Mobile App or your possession and use of the Mobile App infringes on a third party’s intellectual property rights, we (and not Apple) will be solely responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claims.
g. If you have any questions, complaint or claims with respect to the Mobile App they should be directed to Honda Canada Inc., ATTN: In-Car Technology Support, 180 Honda Blvd., Markham, ON Canada L6C 0H9, or by phone at 1-888-946-6329.
h. You agree to comply with applicable third party terms of agreement when using the Mobile App.
i. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
All rights that are not expressly granted under these Terms are reserved by us.
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