Terms of Use

QikRout Terms of Use Effective Date: April 6, 2025 | Last Updated: April 6, 2025 These Terms of Use ('Terms') constitute a legally binding agreement between you and QikRout ('we', 'us', 'our') governing your use of the QikRout mobile application ('App'). By downloading, installing, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the App. QikRout is developed and operated from Montreal, Quebec, Canada. 1. Eligibility & Account 1.1 You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the App. 1.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. 1.3 You must provide accurate account information. We may suspend or terminate accounts based on inaccurate information. 1.4 One account per person. You may not share accounts or use another person's account without authorization. 2. License to Use 2.1 Grant: Subject to these Terms, QikRout grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on devices you own or control, solely for your personal or internal business route planning purposes. 2.2 Restrictions: You may NOT: • Copy, modify, distribute, sell, or sublicense the App or any part thereof • Reverse engineer, decompile, disassemble, or attempt to derive the source code • Use the App to develop a competing product or service • Remove, alter, or obscure any proprietary notices • Use automated scripts, bots, or scrapers against the App or its APIs • Use the App in violation of any applicable law or regulation • Resell, rent, or provide the App as a service to third parties without written authorization 2.3 All intellectual property rights in the App — including source code, design, trademarks, logos, and AI model integrations — remain exclusively owned by QikRout. These Terms do not transfer any ownership rights to you. 3. Subscriptions & Billing 3.1 Free Tier: The App is available free of charge with limited functionality (up to 10 stops per route). 3.2 Pro Subscription: Access to unlimited stops, AI schedule builder, file import, saved routes, EV mode, and all premium features requires a paid Pro subscription. 3.3 Billing: Subscriptions are billed through the Apple App Store or Google Play. Pricing is displayed before purchase and may vary by country. All prices are in local currency where applicable or in CAD/USD as displayed. 3.4 Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before renewal. Renewal charges will apply to your app store account. 3.5 Cancellation: Cancel anytime via your Apple or Google Play subscription settings. Cancellation takes effect at the end of the current paid period. You retain access to Pro features until the end of the period you have paid for. 3.6 Refunds: Refund requests are governed by Apple App Store or Google Play policies. QikRout does not directly issue refunds for app store purchases. For exceptional circumstances, contact support@qikrout.com. 3.7 Price Changes: We may change subscription prices with at least 30 days' notice. Continued use after the notice period constitutes acceptance of the new pricing. 3.8 Quebec Consumer Protection: Quebec residents have rights under the Consumer Protection Act (CPA), including a 10-day right to cancel a distance contract. If applicable, contact legal@qikrout.com within 10 days of subscription purchase to request cancellation under the CPA. 4. AI Features & Accuracy Disclaimer 4.1 QikRout uses Claude AI (Anthropic, Inc.) for route optimization, schedule building, AI Find, voice parsing, and OCR. AI-generated outputs — including optimized routes, ETAs, client lists, and recommendations — are estimates and suggestions only. 4.2 CRITICAL: AI outputs do not reflect real-time traffic conditions, road closures, construction, weather events, or other dynamic factors. Do not rely solely on AI-generated routes for time-sensitive deliveries. 4.3 You are solely responsible for verifying the accuracy of all route suggestions, ETAs, addresses, and client data before acting on them. 4.4 Automated Decisions: Route optimization involves algorithmic processing. You retain the right to override, modify, or disregard any AI-generated suggestion. No routing decision is binding on you. 4.5 QikRout makes no warranty that AI features will be available at all times, error-free, or that results will meet your specific business requirements. 5. Road Safety — MANDATORY READING ⚠️ CRITICAL SAFETY NOTICE — PLEASE READ CAREFULLY 5.1 NEVER operate any handheld device or view any screen while driving. Using a mobile device while driving is illegal in Canada, the United States, and most countries worldwide, and may result in fines, license suspension, or criminal liability. 5.2 Plan and configure your entire route BEFORE departing. Do not add stops, change routes, or interact with the App while the vehicle is in motion. 5.3 Navigation is performed by third-party apps (Apple Maps, Google Maps, Waze). Follow the audio instructions of your navigation app. Never take your eyes off the road. 5.4 QikRout expressly disclaims all liability for: accidents, injuries, deaths, property damage, traffic violations, or any other harm arising from use of the App while operating a vehicle. 5.5 By using the App, you acknowledge this safety notice and agree that QikRout bears no responsibility for how or when you choose to interact with the App. 6. Proof of Delivery & Data Accuracy 6.1 Proof-of-delivery photos, signatures, barcodes, and delivery notes captured within the App are stored locally on your device only. QikRout does not access, store, or transmit this data. 6.2 You are responsible for ensuring that any proof-of-delivery records comply with your employer's policies, client agreements, and applicable laws. 6.3 Address and client data you enter are your responsibility. QikRout does not verify the accuracy of addresses you input. Always confirm delivery addresses with official sources. 7. Acceptable Use You agree not to use the App to: • Violate any applicable local, provincial, national, or international law or regulation • Infringe upon the intellectual property rights of any third party • Transmit unlawful, harassing, defamatory, or fraudulent content • Enter personal data of third parties (your clients, customers, recipients) without their knowledge and appropriate legal basis for such collection, as applicable under PIPEDA, Quebec Law 25, GDPR, or other applicable privacy law • Circumvent, disable, or interfere with security features of the App • Use the App in any way that could damage, disable, overburden, or impair our servers or networks Note on Client Data: When you enter client names, addresses, and contact details into the App, you act as the data controller of that client data under applicable privacy law. You are responsible for ensuring you have a lawful basis to process your clients' personal information. 8. Intellectual Property 8.1 All content, design, code, trademarks, logos, and proprietary technology within QikRout are the exclusive property of QikRout and are protected by Canadian copyright law (Copyright Act, R.S.C. 1985), Quebec law, and international intellectual property treaties. 8.2 The name 'QikRout,' the Q-pin logo, and all associated branding are trademarks of QikRout. You may not use our trademarks without prior written consent. 8.3 User-generated content (your route data, notes, delivery records) belongs to you. You grant QikRout no rights over your content beyond what is strictly necessary to operate the App (i.e., local device storage and encrypted AI API transmission when you use AI features). 9. Disclaimers & Limitation of Liability 9.1 THE APP IS PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 9.2 WE DO NOT WARRANT THAT: (a) the App will be uninterrupted, error-free, or secure; (b) AI-generated routes or ETAs will be accurate; (c) the App will meet your specific requirements; (d) any data stored on your device will not be lost. 9.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QIKROUT'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO QIKROUT IN THE 12 MONTHS PRECEDING THE CLAIM, OR CAD $100, WHICHEVER IS GREATER. 9.4 IN NO EVENT SHALL QIKROUT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITY. 9.5 Quebec Residents: Nothing in these Terms limits rights available to Quebec consumers under the Consumer Protection Act (Loi sur la protection du consommateur) or other mandatory Quebec law. 9.6 EU/UK Residents: Nothing in these Terms excludes liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under applicable law. 10. Indemnification You agree to indemnify, defend, and hold harmless QikRout and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third-party rights, including privacy rights of your clients or customers; or (d) any content you enter into the App. 11. Termination 11.1 You may stop using the App and delete it from your device at any time. 11.2 We may suspend or terminate your account and access to the App at our sole discretion, with or without notice, for: violation of these Terms; suspected fraud or illegal activity; non-payment of subscription fees; or any other conduct harmful to QikRout or other users. 11.3 Upon termination, your license to use the App is immediately revoked. You remain responsible for obligations incurred prior to termination. Sections 8, 9, 10, 12, and 13 survive termination. 12. Governing Law & Dispute Resolution 12.1 These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles. 12.2 Any dispute arising from these Terms or your use of the App shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the jurisdiction of the courts of Montreal, Quebec, Canada. 12.3 Quebec consumers retain the right to bring claims before the small claims court of Quebec (Division des petites créances) and to rely on mandatory protections under the Consumer Protection Act. 12.4 EU/UK users: Nothing in these Terms affects your right to bring proceedings before your local courts or consumer protection authority. 12.5 USA users: If a dispute cannot be resolved informally, binding arbitration under JAMS rules may apply for claims under USD $10,000, at your election. 13. Miscellaneous 13.1 Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and QikRout regarding the App. 13.2 Severability: If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force. 13.3 Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that right. 13.4 Assignment: QikRout may assign these Terms without restriction. You may not assign your rights under these Terms without our written consent. 13.5 Updates: We may revise these Terms at any time. Material changes will be notified via in-app notice at least 30 days before taking effect. Continued use constitutes acceptance. 13.6 Language: These Terms are drafted in English. If a translated version conflicts with the English version, the English version prevails, except where French is required by Quebec's Charter of the French Language (Bill 96). 14. Contact Legal & Privacy: legal@qikrout.com Support: support@qikrout.com Privacy Officer: privacy@qikrout.com QikRout Montreal, Quebec, Canada For Quebec regulatory matters: Commission d'accès à l'information (CAI) www.cai.gouv.qc.ca 1-888-528-7741