Terms of Service

1. Agreement to Terms

By accessing or using CarClan (“Service”, “we”, “us”, or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and CarClan. We reserve the right to update these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

CarClan is a web-based platform that helps groups of people share cars and manage associated expenses fairly. The Service provides tools to:

• Track car trips and mileage
• Record and split expenses (fuel, maintenance, etc.)
• Calculate fair cost distribution based on usage
• Manage group memberships and car sharing arrangements
• Facilitate financial settlements between group members

3. Eligibility

You must be at least 16 years old to use CarClan. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. User Accounts

4.1 Account Creation

To use CarClan, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 Account Security

You agree to:

• Use a strong, unique password for your account
• Not share your account credentials with others
• Notify us immediately of any unauthorized access or security breach
• Keep your account information accurate and up to date

4.3 Account Termination

You may delete your account at any time through the Service settings. We reserve the right to suspend or terminate your account if you violate these Terms or engage in conduct that we determine to be harmful to other users or the Service.

5. Acceptable Use

5.1 Permitted Use

You may use CarClan for its intended purpose: managing shared car expenses within groups of users who have mutually agreed to share vehicles and split costs.

5.2 Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose or in violation of applicable laws
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or other accounts
• Use the Service to harass, abuse, or harm another person
• Transmit any viruses, malware, or other malicious code
• Collect or store personal data about other users without their consent
• Use automated systems (bots, scrapers) to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service

6. Groups and Member Responsibilities

6.1 Group Management

Users can create groups and invite others to join. Group creators and members are responsible for managing their own group arrangements, including determining who has access and what vehicles are shared.

6.2 Accuracy of Information

You are responsible for ensuring that trip data, expenses, and other information you enter into the Service is accurate and truthful. CarClan is a tool to help track and calculate expenses; it is not responsible for verifying the accuracy of user-entered data.

6.3 Financial Settlements

CarClan calculates suggested financial settlements based on the trip and expense data you provide. However, CarClan does not process payments, act as a payment intermediary, or guarantee that members will fulfill their financial obligations to each other. All financial arrangements and settlements between group members are private agreements between those individuals.

7. User Content

7.1 Your Content

You retain ownership of any content you submit to the Service (trip data, expense records, car details, etc.). By submitting content, you grant CarClan a license to use, store, and display that content as necessary to provide the Service to you and your group members.

7.2 Content Responsibility

You are solely responsible for the content you submit and any consequences of sharing that content with other group members. CarClan is not responsible for user-generated content and does not endorse any opinions expressed by users.

8. Intellectual Property

The Service, including its design, features, functionality, text, graphics, logos, and software, is owned by CarClan and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

CarClan, the CarClan logo, and related marks are trademarks of CarClan. You may not use these trademarks without our prior written consent.

9. Pricing and Payment

CarClan may offer both free and paid features. The availability and pricing of paid features may change at any time. If we introduce paid features, we will provide clear notice and obtain your consent before charging you.

For any paid features, you agree to pay all applicable fees and charges. All fees are non-refundable unless otherwise specified. We may modify pricing with reasonable advance notice.

10. Disclaimers and Limitation of Liability

10.1 Service Provided “As Is”

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

10.2 No Financial Advice

CarClan provides tools for tracking and calculating expenses but does not provide financial, legal, or tax advice. You should consult with appropriate professionals regarding your specific situation.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARCLAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, OR GOODWILL ARISING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal data stored therein
• Any disputes between you and other users
• Any errors or omissions in user-entered data
• Any failure of users to fulfill financial obligations to each other

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR €100, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless CarClan and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from or related to your use of the Service, your violation of these Terms, or your violation of any rights of another person or entity.

12. Dispute Resolution

12.1 User Disputes

CarClan is not responsible for disputes between users, including disagreements about expenses, trip allocations, or financial settlements. Such disputes must be resolved directly between the parties involved.

12.2 Disputes with CarClan

If you have a dispute with CarClan, you agree to first contact us at contact@carclan.app to attempt to resolve the dispute informally.

12.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands and the European Union, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in the Netherlands, and you consent to personal jurisdiction in such courts.

13. Changes to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

14. Changes to Terms

We may revise these Terms from time to time. We will provide notice of material changes by posting the updated Terms on the Service and updating the “Last Updated” date. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CarClan regarding the Service and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions, comments, or concerns about these Terms, please contact us:

Email: contact@carclan.app