End User License Agreement & Terms of Use

Preamble. THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGALLY BINDING CONTRACT BETWEEN YOU ("USER," "YOU," OR "YOUR") AND HARIJAS LLC, DOING BUSINESS AS MYMILESAI ("MYMILESAI," "COMPANY," "WE," "US," OR "OUR") GOVERNING YOUR ACCESS TO AND USE OF THE MYMILESAI MOBILE APPLICATION, INCLUDING ALL FEATURES, CONTENT, SOFTWARE, UPDATES, SUBSCRIPTIONS, AND RELATED SERVICES (COLLECTIVELY, THE "APP").

BY SELECTING THE ACCEPTANCE CHECKBOX, OR BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, INCLUDING THE LIMITATION OF LIABILITY AND FEE PROVISIONS IN SECTION 11 AND THE INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 13. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT DOWNLOAD, ACCESS, OR USE THE APP.

1. Acceptance of Terms

1.1. This Agreement governs your use of the App made available through Apple's App Store for iOS devices.

1.2. You accept this Agreement by selecting the acceptance checkbox in the App, which is unchecked until you select it. We record the version of this Agreement you accepted and the date and time you accepted it. Your use of the App is subject to this Agreement, including Sections 11 and 13.

1.3. If you do not agree to all provisions of this Agreement, you are not authorized to use the App.

1.4. You represent and warrant that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, and possess the legal authority to enter into this Agreement.

1.5. If you are using the App on behalf of a business or entity, you represent and warrant that you have authority to bind such entity to this Agreement.

2. License Grant

2.1. Subject to your compliance with this Agreement, MyMilesAI grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App for your own personal or internal business recordkeeping, in a lawful manner, on Apple-branded devices that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

2.2. This license does not constitute a sale of the App or any intellectual property rights associated with the App.

2.3. Except as expressly permitted herein, you shall not:

(a) copy, reproduce, redistribute, publish, lease, sublicense, sell, or commercially exploit the App itself. Using the App to keep mileage records for your own business or employer is permitted;

(b) modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the App;

(c) circumvent or disable security-related features or technological protections;

(d) use the App in violation of any applicable law or regulation;

(e) use automated systems, bots, scripts, or scraping technologies with the App; or

(f) remove, alter, or obscure any proprietary notices or trademarks.

2.4. All rights not expressly granted herein are reserved by MyMilesAI.

3. Your Records and Your Responsibility

3.1. What the App does. MyMilesAI provides automated mileage estimates and recordkeeping tools. It uses your phone's GPS, motion sensors, maps and address services to detect drives, estimate distances, suggest addresses and categories, and build reports. The App does not provide guaranteed IRS-approved records, tax advice, legal advice or financial advice.

3.2. Estimates can be wrong. Automated GPS detection, motion sensors, addresses, distances and classifications may be inaccurate. GPS positions, detected start and end points, addresses, routes, trip distances, timestamps, classifications, mileage totals and the amounts the App calculates may contain errors, omissions, duplicates, gaps or delays — for example from weak signal, tunnels, parking garages, a phone that was off or in low-power mode, a missed Bluetooth connection, or a map or address service that returns the wrong result. Some drives may not be detected at all.

3.3. You review and confirm your records. Before you rely on, submit, or use any record from the App for taxes, reimbursement or any other purpose, you are responsible for: (a) reviewing every automatically detected trip; (b) verifying each trip's start and end addresses; (c) checking the driving distances and mileage totals; (d) correcting missing, duplicated or inaccurate trips, and adding any drive the App did not record; (e) confirming each trip's business or personal classification; (f) verifying every exported report before you submit it to anyone; and (g) determining your own tax deductions, reimbursements and recordkeeping requirements. The App gives you tools to add, edit, delete, reclassify and export trips so that you can do this.

3.4. Taxes are your responsibility. You are responsible for determining your own tax eligibility, deduction or reimbursement amounts, recordkeeping requirements and compliance with the tax laws that apply to you. MyMilesAI does not provide tax, legal, accounting or financial advice, and nothing in the App is a substitute for a qualified professional.

3.5. No guarantee of acceptance. MyMilesAI does not guarantee that any mileage record, report or claimed deduction will be accepted by the Internal Revenue Service or any other tax authority, employer or client, or that the App's records meet any particular legal, audit or substantiation standard.

3.6. What this means for claims. Because you confirm your own records, MyMilesAI is not responsible for losses that result from your reliance on an estimate or record you did not review and verify, from a trip you did not correct or add, or from a tax position you chose to take — subject always to Section 11.4, which keeps our responsibility for fraud, intentional misconduct, gross negligence and anything the law does not let us exclude.

4. Tax Disclaimer

4.1. MyMilesAI does not guarantee that mileage logs, reports, exports, or trip data generated through the App will satisfy the requirements of the Internal Revenue Service ("IRS") or any local, state, federal, or international tax authority.

4.2. You are solely responsible for maintaining accurate records, determining tax deductibility, complying with applicable tax laws and regulations, and retaining backup documentation.

4.3. MyMilesAI shall not be liable, subject to Section 11.4, for denied deductions, audits, penalties, interest charges, rejected records, or disputes with tax authorities that result from your use of App-generated data.

5. Location, GPS, and Sensor Accuracy Disclaimer

5.1. The App relies on GPS, wireless networks, accelerometers, motion sensors, internet connectivity, and third-party technologies, which may produce inaccurate, delayed, incomplete, or unavailable data.

5.2. MyMilesAI does not guarantee the accuracy of mileage calculations, routes, maps, trip history, timestamps, speed measurements, or geographic coordinates. Environmental conditions, signal interference, software issues, hardware limitations, or third-party outages may affect functionality.

5.3. You are responsible for verifying all information generated by the App, as described in Section 3.

6. Vehicle Safety Disclaimer

6.1. Users must operate vehicles safely and in compliance with all applicable traffic laws.

6.2. Users shall not interact with the App in a manner that distracts from safe vehicle operation.

6.3. Subject to Section 11.4, MyMilesAI is not responsible for accidents, collisions, injuries, deaths, distracted driving incidents, reckless conduct, or property damage arising from your operation of a vehicle while using the App.

6.4. The App is not intended for emergency or safety-critical purposes.

7. Third-Party Services

7.1. The App may integrate with third-party services, including maps, cloud hosting, GPS providers, analytics services, and internet providers.

7.2. MyMilesAI does not control and is not responsible for third-party services or their reliability, security, availability, or accuracy.

7.3. Third-party services may change, suspend, or discontinue functionality without notice.

7.4. Your use of third-party services may be governed by separate terms and policies.

7.5. Subject to Section 11.4, MyMilesAI disclaims all liability arising from third-party outages, interruptions, inaccuracies, or failures.

7.6. You must comply with any applicable third-party terms when using the App, for example your wireless data service agreement.

8. User Data and Responsibilities

8.1. You are responsible for all data entered, uploaded, categorized, exported, stored, or transmitted through the App, and for its accuracy and completeness (see Section 3).

8.2. We work to keep your trip records available and exportable, but we cannot guarantee that data will never be lost, corrupted, or unavailable. Export copies of any records you need to keep, and maintain your own backups.

8.3. Subject to Section 11.4, MyMilesAI shall not be liable for lost, corrupted, inaccessible, deleted, or inaccurate data.

8.4. You can delete your account at any time from Settings in the App (or from the screen shown when you have no active subscription), or by e-mailing privacy@mymilesai.com from your account's e-mail address. Deletion permanently erases your trips, vehicles, saved places and history from our live database; a few limited records (such as pseudonymous billing and security logs, and database backups until they expire) are kept as described in our Privacy Policy. Deleting your account does not cancel an Apple subscription — cancel it in your Apple Account subscription settings.

9. Privacy

9.1. Use of the App is subject to the MyMilesAI Privacy Policy, available at mymilesai.com/privacy and incorporated herein by reference.

9.2. By using the App, you consent to the collection, processing, and storage of information as described in the Privacy Policy.

9.3. MyMilesAI may collect anonymized, aggregated, analytics, diagnostic, and usage-related information to improve functionality, security, and service quality.

9.4. MyMilesAI does not sell personal information.

9.5. Users acknowledge that no internet transmission or cloud storage system can be guaranteed completely secure.

10. No Warranty

10.1. THE APP IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."

10.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYMILESAI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR UNINTERRUPTED AVAILABILITY.

10.3. MyMilesAI does not guarantee that: (a) the App will operate without interruption; (b) defects will be corrected; (c) the App will always be available; (d) generated data will be accurate; or (e) the App will satisfy user expectations.

10.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Limitation of Liability; Attorneys' Fees

11.1. No indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARIJAS LLC (MYMILESAI) AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUCCESSORS, AGENTS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS INCOME, BUSINESS, GOODWILL, OR DATA, OR FOR ANY LOST, DENIED OR REDUCED TAX DEDUCTION, REIMBURSEMENT, TAX PENALTY OR INTEREST, OR FOR ANY LOSS ARISING FROM MILEAGE INACCURACIES OR FROM MISSED, UNRECORDED OR DUPLICATED TRIPS, ARISING OUT OF OR RELATING TO THE APP, YOUR SUBSCRIPTION, YOUR MILEAGE RECORDS OR REPORTS, THE SERVICES, OR THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2. Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL COMBINED MONETARY LIABILITY OF MYMILESAI AND THE PERSONS LISTED IN SECTION 11.1 FOR ALL COVERED CLAIMS (SECTION 11.3) SHALL NOT EXCEED THE LESSER OF: (a) NINETY-NINE U.S. DOLLARS AND NINETY-NINE CENTS (US $99.99); OR (b) THE GREATER OF (i) TEN U.S. DOLLARS (US $10.00) AND (ii) THE TOTAL MYMILESAI SUBSCRIPTION FEES YOU ACTUALLY PAID (THROUGH APPLE) DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE US $99.99 AMOUNT IS A FIXED MAXIMUM FOR COVERED CLAIMS AND DOES NOT CHANGE IF SUBSCRIPTION PRICES CHANGE. THIS IS ONE AGGREGATE LIMIT FOR ALL COVERED CLAIMS, REGARDLESS OF THE NUMBER OF CLAIMS OR LEGAL THEORIES ASSERTED, NOT A SEPARATE LIMIT FOR EACH CLAIM. IT INCLUDES DAMAGES, INTEREST AND OTHER MONETARY AWARDS. IT DOES NOT INCLUDE ATTORNEYS' FEES, COSTS OR ARBITRATION FEES THAT A STATUTE, THE AAA RULES OR SECTION 13.6 REQUIRE MYMILESAI TO PAY, OR ANY AMOUNT DESCRIBED IN SECTION 11.4.

11.3. Covered claims. The limits in Sections 11.1 and 11.2 apply to every claim arising out of or relating to the App, your subscription, your mileage records or reports, the services, or this Agreement ("covered claims"), including claims based on inaccurate or incomplete GPS, motion, address, route or mileage data; on inaccurate, incomplete, missed or duplicated automated trip detection, mileage records, totals or reports; on your reliance on App output (Section 3); on tax outcomes; on internet, device or third-party service failures; and on lost or corrupted data — in each case except as stated in Section 11.4.

11.4. What the limits do NOT cover. Nothing in this Agreement excludes or limits MyMilesAI's liability for: (a) fraud or fraudulent misrepresentation; (b) intentional or willful misconduct, or willful injury to a person or property; (c) gross negligence; (d) death or personal injury caused by our negligence; (e) violation of law, where applicable law does not permit that liability to be limited; (f) any right, remedy or attorneys'-fee award you have under a consumer-protection statute that cannot be waived or limited by contract, including the California Consumers Legal Remedies Act; or (g) any other liability, remedy, cost or fee obligation that applicable law does not allow to be excluded or limited.

11.5. Apple refunds and statutory rights are separate. The limits in this Section do not affect any refund Apple may grant you for your App Store purchase (Section 24.6), which remains subject to Apple's policies and applicable law, or any right you have under applicable law. Where a statute gives you a specific remedy, the arbitrator or court may award it to you on an individual basis under Section 13.

11.6. Basis of the bargain. You agree that the limits in this Section are a reasonable allocation of risk, reflect the price of the App, and are an essential part of this Agreement; MyMilesAI would not offer the App at this price without them. To the extent the law allows, these limits apply even if a remedy fails of its essential purpose.

11.7. Attorneys' fees and dispute expenses. In any dispute between you and MyMilesAI, whether in arbitration or in a court action permitted by Section 13:

(a) Each party bears its own. Each party is responsible for its own attorneys, legal representation, legal expenses and litigation costs, regardless of the outcome of the dispute.

(b) Waiver of fee recovery. To the maximum extent permitted by applicable law, you waive any right to request, claim, recover or seek reimbursement from MyMilesAI for your attorneys' fees, legal expenses, litigation costs or other dispute-related expenses arising from your use of the App, and MyMilesAI waives any right to recover its attorneys' fees, legal expenses and litigation costs from you.

(c) What this does not waive. Paragraphs (a) and (b) do not apply to: (1) attorneys' fees or costs that a statute awards and that cannot be waived by contract — for example an award to a prevailing plaintiff under California Civil Code section 1780(e) (Consumers Legal Remedies Act), or fees and costs shifted under California Code of Civil Procedure sections 1281.97 and 1281.98 if MyMilesAI fails to pay arbitration fees on time; (2) the arbitration fee and cost rules in Section 13.6; (3) an award the arbitrator makes under the AAA rules against a party whose claim or defense was frivolous or brought for an improper purpose; or (4) any other fee, cost or remedy that applicable law does not permit a consumer to waive.

(d) Arbitration fees. AAA administrative fees and arbitrator compensation are allocated as applicable law and the AAA Consumer Arbitration Rules require, as described in Section 13.6, and are not counted toward the cap in Section 11.2.

(e) Relationship to the cap. The cap in Section 11.2 applies to covered claims; it does not restrict fees, costs, remedies or liabilities that applicable law prohibits limiting.

11.8. No other payment obligations. Except as expressly stated in this Agreement, or as applicable law or the AAA Consumer Arbitration Rules require, MyMilesAI does not assume any obligation to pay, reimburse, refund or credit any amount to you.

12. Indemnification

12.1. You agree to defend, indemnify, and hold harmless MyMilesAI and its owners, members, managers, officers, employees, contractors, licensors, successors, agents and affiliates from any claim brought by a third party (including a government authority), and from the resulting liabilities, damages, losses, judgments, penalties, costs, and expenses, including reasonable attorneys' fees, arising from: (a) your use or misuse of the App; (b) your violation of this Agreement; (c) your violation of applicable law; or (d) your infringement of third-party rights. This Section does not apply to the extent a claim results from MyMilesAI's own fraud, willful misconduct, gross negligence or violation of law. This Section does not entitle either party to recover attorneys' fees or costs in a dispute between you and MyMilesAI; Section 11.7 governs those.

13. Dispute Resolution: Individual Binding Arbitration; Class Action Waiver

13.1. PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND MYMILESAI TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT, WITH THE LIMITED EXCEPTIONS IN SECTION 13.4; LIMITS THE WAYS YOU CAN SEEK RELIEF; AND WAIVES THE RIGHT TO BRING OR JOIN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION OR CLASS ARBITRATION. BY ACCEPTING THIS AGREEMENT YOU AGREE TO THIS SECTION.

13.2. Talk to us first. Before starting an arbitration or any permitted court action, you and MyMilesAI agree to try to resolve the dispute informally. Send a written notice describing the dispute and the relief you want to support@mymilesai.com or to Harijas LLC (MyMilesAI), 668 Industrial Park Dr, 4323, Manteca, CA 95337 (mailing address) (we will send ours to your account e-mail address). If the dispute is not resolved within 60 days after the notice is received, either party may start arbitration (or a permitted court action). The limitations period and any filing-fee deadlines are tolled during these 60 days.

13.3. Agreement to arbitrate. Except as provided in Section 13.4, you and MyMilesAI agree that any dispute, claim or controversy arising out of or relating to this Agreement, the App, your account, your subscription, or our relationship — including disputes about the formation, scope, validity or enforceability of this Agreement or this Section, and disputes that arose before you accepted this Agreement — will be resolved by final and binding arbitration before a single neutral arbitrator, on an individual basis. This Section is governed by the Federal Arbitration Act, 9 U.S.C. §1 et seq., because the App and your subscription involve interstate commerce.

13.4. What is NOT covered by the arbitration agreement.

(a) Small claims. Either party may bring an individual claim in small-claims court in the county where you live (or San Joaquin County, California, if MyMilesAI is the claimant), as long as the claim stays within that court's jurisdiction and is brought only on an individual basis.

(b) Public injunctive relief. Nothing in this Section waives your right to seek public injunctive relief where applicable law gives you that right. If you seek public injunctive relief, that request must be decided by a court after the arbitrator has resolved all of your other claims, and the parties agree that the court proceeding is stayed until then.

(c) Injunctions to protect rights. Either party may ask a court for an injunction or other equitable relief to stop infringement or misuse of intellectual property, unauthorized access to the App or our systems, or a breach of Section 2.3, without first following Section 13.2.

(d) Claims the law keeps out of arbitration. Any claim that applicable law says cannot be subject to pre-dispute arbitration, or any remedy that cannot be waived by contract, is excluded to that extent; everything else remains in arbitration.

13.5. Rules, arbitrator and place. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and Consumer Due Process Protocol in effect when the arbitration is started (available at adr.org). If the AAA is unavailable or declines to administer, the parties will agree on another established arbitration provider, or a court will appoint one. The arbitrator will be a retired judge or an attorney with at least ten years' experience, chosen under the AAA rules. Any in-person hearing will take place in the county where you live, or by telephone or video conference, unless you and MyMilesAI agree otherwise; claims under US $25,000 may be decided on the documents if the arbitrator so decides under the AAA rules and you do not object.

13.6. Arbitration fees and costs. AAA administrative fees and arbitrator compensation are allocated as applicable law and the AAA Consumer Arbitration Rules require. Under those Rules, MyMilesAI pays the AAA filing, administrative, case-management and arbitrator fees above the portion that the Rules allocate to you (currently a maximum of US $225). If you cannot afford your portion, it may be waived as the AAA rules and applicable law (including California Code of Civil Procedure section 1284.3) provide. These amounts are not counted toward the cap in Section 11.2. Attorneys' fees and other dispute expenses are governed by Section 11.7: each party bears its own, and the arbitrator may award attorneys' fees against a party only where a statute that cannot be waived provides for them, or under the AAA rules if a claim or defense was frivolous or brought for an improper purpose.

13.7. What the arbitrator can do. The arbitrator applies the same substantive law a court would apply, may award to the individual party any remedy a court could award to that individual (including statutory damages, attorneys' fees where a statute that cannot be waived provides them, and injunctive or declaratory relief limited to that party's own claim), must follow this Agreement, and must issue a brief written decision with reasons. Judgment on the award may be entered in any court with jurisdiction. The arbitrator may not award relief for or against anyone who is not a party to the arbitration.

13.8. Who decides what. The arbitrator decides all disputes about the interpretation, applicability, scope, enforceability or formation of this Agreement and this Section, with two exceptions that only a court may decide: (a) whether the class and representative action waiver in Section 13.9 is enforceable, and (b) whether a request falls within Section 13.4(b).

13.9. Individual claims only; class and representative action waiver. You and MyMilesAI agree that each of us may bring claims against the other only in our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding, and that the arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. If a court or arbitrator decides that this paragraph cannot be enforced as to a particular claim or request for relief (such as a request for public injunctive relief under Section 13.4(b)), then that claim or request — and only that claim or request — must be decided in court, after the arbitrator has resolved all other claims, and the parties agree to stay the court proceeding until then. This paragraph does not apply to any claim that applicable law does not allow to be waived.

13.10. Jury trial waiver. To the extent any claim is heard in court rather than in arbitration, you and MyMilesAI waive the right to a jury trial to the fullest extent permitted by law. (Some states, including California, do not enforce a pre-dispute jury waiver in court; this sentence has no effect where it is not permitted.)

13.11. Mass arbitration. If 25 or more similar demands for arbitration are filed against MyMilesAI by or with the help of the same law firm or group of firms, the AAA Mass Arbitration Supplementary Rules then in effect apply. Nothing in this Section binds any claimant to the outcome of another claimant's case, limits any claimant's right to discovery or review that the AAA rules provide, or lets either party select the arbitrator alone.

13.12. Changes to this Section. A change to this Section is a material change under Section 17.3 and applies to you only after you accept the revised Agreement in the App. No change to this Section applies to any dispute for which either party has already sent a notice under Section 13.2 before the change took effect for you. No change creates a right to opt out of arbitration.

13.13. Survival; severability. This Section survives termination of this Agreement and of your account. Except as stated in Section 13.9, if any part of this Section is found unenforceable, the rest remains in effect.

13.14. Confidentiality and timing. Arbitration is confidential except as needed to enforce an award or as required by law. Any claim must be started within the time the applicable statute of limitations allows; nothing in this Agreement shortens that time.

14. Suspension and Termination

14.1. Our right to suspend or terminate. To the maximum extent permitted by applicable law, Harijas LLC, doing business as MyMilesAI, reserves the right, at its sole discretion, to suspend, restrict, disable or terminate any user account or access to the App at any time, with or without prior notice, for any lawful reason or no reason. Non-exclusive examples include: fraud or suspected fraud; suspected abuse; a security threat; unlawful activity; misuse of the service; a violation of this Agreement; and any threat to our systems, our users or our business operations. We may act immediately when we consider it necessary to protect our users, systems or business.

14.2. Effect. Upon suspension or termination: (a) your license under Section 2 is suspended or ends; (b) you must stop using the App; and (c) on termination you must delete all copies of the App from your devices. Sections intended to survive remain enforceable (Section 31).

14.3. Your Apple subscription. Suspending or terminating your MyMilesAI account does not cancel an Apple subscription. Billing continues through Apple until you cancel the subscription in your Apple Account settings (Section 24.5). Refunds are decided by Apple under Apple's policies and applicable law (Section 24.6). If we terminate your account while you have paid time remaining and the termination is not for your breach of this Agreement, unlawful activity, fraud or a security threat, we will tell you how to request a refund of the unused portion from Apple and will not oppose that request, and, if you ask within 30 days after termination, we will provide an export of your trip records unless the law or a security concern prevents it.

14.4. Your rights preserved. Nothing in this Section limits any right you have under applicable consumer-protection law or Apple's policies, any continued-access or refund remedy that applicable law requires, or your right to delete your account (Section 8.4), which you may also exercise by e-mail if your access is suspended.

15. Intellectual Property Rights

15.1. The App and all related software, source code, designs, graphics, interfaces, databases, trademarks, logos, and content are owned by or licensed to MyMilesAI.

15.2. The App is protected by copyright, trademark, trade secret, and intellectual property laws.

15.3. No ownership rights are transferred to users under this Agreement.

15.4. Unauthorized copying, redistribution, or derivative works are prohibited.

16. Connectivity and Service Interruptions

16.1. Certain features require internet connectivity, GPS access, Bluetooth permissions, or cellular service.

16.2. MyMilesAI does not guarantee uninterrupted App access or operation.

16.3. The App may become unavailable due to maintenance, outages, software updates, carrier interruptions, force majeure events, or technical failures.

16.4. Subject to Section 11.4, MyMilesAI is not liable for delays, interruptions, outages, or resulting data loss.

17. App Modifications, Updates and Changes to this Agreement

17.1. MyMilesAI may modify, suspend, discontinue, or update the App or any features at any time without notice.

17.2. Updates may include patches, enhancements, security fixes, or feature removals.

17.3. Changes to this Agreement.

(a) Material changes. A change that affects your rights or obligations — including any change to Section 11 or Section 13 — applies to you only after we present the revised Agreement clearly in the App and you accept it by selecting an acceptance checkbox that is unchecked until you select it. We record the version you accepted and the date and time of acceptance. Accepting a revised Agreement does not require you to repeat onboarding and does not change your account, your saved trips, vehicles, places or settings, or your subscription.

(b) Until you accept. Until you accept a material change, the version of this Agreement you last accepted continues to govern. If you have an active paid subscription or free trial and do not accept the revised Agreement, you may continue to use the App under the version you last accepted until the end of the subscription period you have already paid for (or the end of the trial); after that, continued use of the App requires acceptance of the then-current Agreement. Your subscription remains managed by Apple (Section 24): you may cancel it at any time in your Apple Account settings, and any refund is handled by Apple under Apple's policies and applicable law. A revised Agreement never reduces the subscription period you have already paid for.

(c) Disputes already noticed. A change to Section 13 does not apply to any dispute for which either party has already sent a notice under Section 13.2 before the change took effect for you (Section 13.12). No change creates a right to opt out of arbitration.

(d) Minor changes. Changes that do not affect your rights or obligations (such as corrected contact details, formatting, or clarifications) take effect when posted at mymilesai.com/eula, and your continued use after posting is acceptance of those minor changes.

18. Export Compliance

18.1. Users agree not to use or export the App in violation of U.S. export control laws or regulations.

18.2. Users represent they are not located in countries subject to embargoes and are not listed on restricted-party lists.

19. Governing Law

19.1. This Agreement shall be governed by the laws of the State of California without regard to conflict-of-law principles, except that Section 13 is governed by the Federal Arbitration Act.

19.2. Subject to Section 13, any court action permitted by this Agreement shall be brought in the state or federal courts located in San Joaquin County, California, except that a small-claims action under Section 13.4(a) and a public-injunctive-relief request under Section 13.4(b) may be brought where that Section allows.

20. Waiver and Severability

20.1. Failure to enforce any provision shall not constitute a waiver.

20.2. If any provision is deemed invalid or unenforceable, remaining provisions shall remain fully enforceable, subject to Sections 13.9 and 13.13.

20.3. Unenforceable provisions shall be modified only as necessary to become enforceable.

21. Entire Agreement; Relationship to Other Terms

21.1. This Agreement constitutes the complete and exclusive agreement between users and MyMilesAI regarding the App.

21.2. This Agreement supersedes all prior agreements, understandings, communications, or representations.

21.3. The MyMilesAI Website Terms & Conditions (mymilesai.com/terms) govern the MyMilesAI website and web dashboard. If the Website Terms & Conditions and this Agreement conflict about the App, this Agreement controls. Your download of the App from the App Store is also subject to Apple's Licensed Application End User License Agreement, which governs the App Store license. A copy of this Agreement is published at mymilesai.com/eula.

22. Explicit Acknowledgment

22.1. BY ACCEPTING OR USING THE APP, YOU EXPRESSLY ACKNOWLEDGE THAT: (a) USE OF THE APP IS AT YOUR OWN RISK, SUBJECT TO SECTION 11.4; (b) THE APP MAY PRODUCE INACCURATE DATA AND MAY MISS OR DUPLICATE TRIPS; (c) MYMILESAI IS NOT RESPONSIBLE FOR YOUR TAX DECISIONS, VEHICLE OPERATION, NAVIGATION, OR LEGAL COMPLIANCE; (d) YOU ARE RESPONSIBLE FOR REVIEWING, VERIFYING, CORRECTING AND CONFIRMING YOUR OWN RECORDS AS DESCRIBED IN SECTION 3; AND (e) YOU HAVE AFFIRMATIVELY ACCEPTED THIS AGREEMENT, INCLUDING THE LIMITATION OF LIABILITY AND FEE PROVISIONS IN SECTION 11 AND THE INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 13.

23. Apple App Store Additional Terms

23.1. This Agreement is between you and MyMilesAI only, and not Apple Inc.

23.2. MyMilesAI, not Apple, is solely responsible for the App and its content, and for any maintenance and support of the App.

23.3. Apple has no obligation to provide maintenance or support services.

23.4. Apple may refund the purchase price, if any, in the event of App failure to conform to warranties.

23.5. Apple shall have no additional warranty obligations.

23.6. Apple is not responsible for product liability, legal compliance, consumer claims, or intellectual property disputes.

23.7. Apple and its subsidiaries are third-party beneficiaries of this Agreement.

24. Subscriptions and Billing

24.1. The App requires an active MyMilesAI Pro subscription or free trial. Without one, the App shows only subscription, Restore Purchases, account-deletion and support options. Your recorded trips are not deleted: you can still view and export them by signing in to the web dashboard at mymilesai.com/app with the same account, unless you delete your account.

24.2. MyMilesAI Pro is an auto-renewing annual subscription at US $99.99 per year (about $8.33 per month, billed annually). Apple shows the price for your storefront, including any taxes, before you confirm.

24.3. Eligible new subscribers receive a 7-day free trial. Nothing is charged during the trial. The annual charge is made to your Apple Account when the trial ends unless you cancel at least 24 hours before the trial ends. If you are not eligible for the trial, you are charged when you confirm the purchase.

24.4. The subscription renews automatically each year unless you cancel at least 24 hours before the end of the current period. Under Apple's terms, your Apple Account is charged no more than 24 hours before the start of the next subscription period.

24.5. You can view, manage, or cancel the subscription at any time in your Apple Account subscription settings (on your iPhone: Settings › your name › Subscriptions). Cancelling stops future renewals; you keep access until the end of the period you have already paid for. The App supports Restore Purchases.

24.6. All payments are processed by Apple. MyMilesAI cannot issue refunds for App Store purchases. Refund requests are handled by Apple under Apple's policies at reportaproblem.apple.com. Nothing in this Agreement limits any refund right you have under applicable law.

24.7. Deleting your MyMilesAI account does not cancel your subscription. Cancel the subscription in your Apple Account settings first if you do not want to be billed again.

25. Free Trials and Promotions

25.1. MyMilesAI may offer free trials, promotional access, or discounted subscriptions. Eligibility for a free trial is determined by Apple; in general, one free trial is available per Apple Account for this subscription group.

25.2. Unless you cancel at least 24 hours before the trial ends, a free trial automatically converts into the paid subscription described in Section 24. If you cancel during a free trial, you cannot restart the same free trial.

25.3. MyMilesAI may modify or terminate promotions for future purchases at any time.

26. Account Security

26.1. Users are responsible for maintaining confidentiality of account credentials.

26.2. Users are responsible for all activity occurring under their account.

26.3. Users agree to immediately notify MyMilesAI of unauthorized access or security breaches.

26.4. Subject to Section 11.4, MyMilesAI is not liable for losses caused by unauthorized account access resulting from user negligence.

27. Force Majeure

27.1. MyMilesAI shall not be liable for delays or failures caused by events beyond reasonable control, including natural disasters, acts of God, labor disputes, cyberattacks, war, terrorism, internet outages, pandemics, government actions, or infrastructure failures.

28. Electronic Communications; Record of Acceptance

28.1. By using the App, users consent to receive electronic communications from MyMilesAI.

28.2. Electronic communications satisfy legal requirements that communications be in writing.

28.3. We keep a record of the version of this Agreement you accepted and the date and time you accepted it, and we may rely on that record.

29. California Consumer Notice

29.1. Under California Civil Code Section 1789.3, California users are entitled to the following notice. The provider of this service is Harijas LLC (MyMilesAI), 668 Industrial Park Dr, 4323, Manteca, CA 95337 (mailing address); telephone 510-806-7385; e-mail support@mymilesai.com. The charge for the service is US $99.99 per year for MyMilesAI Pro after any free trial, billed by Apple. Complaints may be directed to: Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs, 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, Telephone (800) 952-5210.

29.2. This information is also available at any time at mymilesai.com/terms and from support@mymilesai.com.

30. DMCA / Copyright Complaints

30.1. Copyright complaints may be submitted to MyMilesAI by email at support@mymilesai.com.

30.2. Notices must comply with the Digital Millennium Copyright Act ("DMCA").

31. Survival

31.1. Sections 3, 4, 5, 8, 10, 11, 12, 13, 14.2–14.4, 15, 19, 20, 21, 22, 28.3 and 31 survive termination of this Agreement.

32. Contact Information

For questions about this Agreement, contact: Harijas LLC (MyMilesAI), 668 Industrial Park Dr, 4323, Manteca, CA 95337 (mailing address), United States. E-mail: support@mymilesai.com. Telephone: 510-806-7385.

Acknowledgment

BY SELECTING THE ACCEPTANCE CHECKBOX, OR BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS, INCLUDING SECTIONS 11 AND 13.