AutoAp, Inc. Terms of Sale


1. General

These are the Terms of Sale ("Terms") that apply between you and AutoAp, Inc., (referred to as "AutoAp", the Company or "we"), when you purchase services from AutoAp ("Services"). Please read the Terms carefully. By ordering or purchasing Services you are agreeing to these Terms as well as the Terms of Use (TOU). If you do not understand the Terms or do not accept any part of them, do not place an order or purchase a Services, or if you already have a Services, return the Services in accordance with its return policy.

2. AutoAp Account

Use of certain Services require that you have an AutoAp account.

3. Privacy

Please refer to our Privacy and Security Policy more information on how AutoAp collects, uses and shares the information we receive from you. You agree that in order to process your order and to protect you and AutoAp from fraudulent transactions, AutoAp may provide your order information to reputable third parties to perform address verifications and make deliveries.

4. Ordering and Payment

When you place an order, you permit AutoAp to charge the credit card, debit card or other payment method in the total amount of your order (including any shipping and handling charges and taxes). AutoAp reserves the right to reject your order.

5. Delivery

Some AutoAp services and content may vary by region.

6. Prices and Taxes

Services prices are subject to change at any time without notice.

7. Pricing Mistakes

We try very hard to make sure there are no mistakes in the prices we quote. In the unlikely event that a mistake happens you agree that AutoAp will not be bound by that incorrect price, unless your credit card, debit card or other payment method has already been charged. If a mistake is discovered and you haven't been charged yet, we will let you know the correct price and you will be given the option to continue with your order at the correct price or cancel it.

8. Restrictions

The Services may be subject to import and export laws and regulations in the United States and elsewhere. You and the Company must comply with all domestic and international import and export laws and regulations that apply to your use of the Services. These laws may include restrictions on destinations, users, and end use. You may only use the Services in accordance with the instructions that come with it, including instructions that may be available on line.

9. Resale

You may not commercially resell any Services.

10. Warranties; Disclaimer of Warranties

OTHER THAN THE WARRANTIES REFERRED TO IN THE SERVICES SPECIFIC ADDENDUM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTOAP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTOAP AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, "AUTOAP PARTIES") WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE SERVICES OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT AUTOAP PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTOAP PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE SERVICES OR THESE TERMS WILL NOT EXCEED THE MONTHLY AMOUNT ACTUALLY PAID BY YOU TO AUTOAP UNDER THESE TERMS.

AUTOAP, INC. DOES NOT GENERATE VEHICLE RECALL OR STOP SALE INFORMATION AND IS NOT RESPONSIBLE FOR VEHICLE RECALL OR STOP SALE STATUS, ACCURACY, TIMELINESS, OR OTHER INFORMATION OBTAINED FROM AUTOMOBILE ORIGINAL EQUIPMENT MANUFACTURERS (OEMS), SAFERCAR.GOV, NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA), ETC. THROUGH ANY MEANS. AUTOAP IS NOT RESPONSIBLE SHOULD THESE SOURCES CHANGE THEIR DATA, PROCESSING, ETC, WHICH MAY OCCUR AT ANY TIME THROUGHOUT AUTOAP’S SERVICE USE.

12. Governing Law and Jurisdiction

The courts in some countries will not apply Oregon law to consumers in those countries, or some types of terms and disputes. If you reside in one of those countries, then where Oregon law is excluded from applying, your country's laws will apply to these terms and any disputes related to them terms. Otherwise, you agree that the laws of Oregon, U.S.A., excluding Oregon's choice of law rules, will apply to these Terms and any disputes arising out of or relating to them. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Washington County, Oregon, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Washington County, Oregon, USA, and you and AutoAp consent to personal jurisdiction in those courts. Notwithstanding this, AutoAp reserves the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

13. Changes to the Terms

The Terms in effect at the time you place an order for Services will apply to such order and Services. AutoAp reserves the right to make changes to these Terms from time to time, and any such changes will take effect immediately, except that changes with respect to your rights and obligations relating to payments, pick-up or delivery, returns, product warranty, and refunds will only apply to future orders.

14. Events Beyond Resonable Control

Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.

15. No Waiver

If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

16. Severability

If it turns out that a particular term is not enforceable, this will not affect any other terms.

17. Payment

You permit AutoAp to charge the credit card, debit card or other payment method in the total amount of your order (including applicable tax). If AutoAp determines that you are not eligible to purchase Services or chooses or is unable to make Services available to you, and you have already been charged, you will receive a full refund. You may cancel your order for a full refund by contacting AutoAp support. Any refunds, reversal of charges, or additional charges or fees will be processed using your initial payment method.

18. Software and Services

From time to time, AutoAp may check with remote servers (hosted by AutoAp or by third parties) for available updates to both the software and any services you have enabled, including but not limited to bug fixes or enhanced functionality. You agree that such updates will be automatically requested, downloaded, and installed without further notice to you.

19. Terms of Use

Your use of any Services provided by AutoAp, unless otherwise indicated, is subject to the Terms of Use which takes precedence over these Terms of Sale, should any conflict between the two arise.
In order to resolve a complaint regarding the Solutions or Company Services or to receive further information regarding use of the Company Services, please contact the Company as set forth below:

AutoAp, Inc.
4804 NW Bethany Blvd., Suite I-2, #342, Portland, OR 97229

20. Manufacturers Represented

We obtain safety recall status on these vehicles*: Acura, Alfa Romeo, Aston Martin, Audi, Bentley, BMW, Buick, Cadillac, Chevrolet, Chrysler, Dodge, Ferrari, FIAT, Ford, GMC, Honda, HUMMER, Hyundai, Infiniti, Isuzu, Jaguar, Jeep, Kia, Land Rover, Lexus, Lincoln, Mazda, Mercedes-Benz, Mercury, MINI, Mitsubishi, Nissan, Oldsmobile, Plymouth, Pontiac, Porsche, Ram, Saab, Saturn, Scion, Smart, Subaru, Tesla, Toyota, Volkswagen, Volvo.

The following vehicle manufacturers are not required to provide safety recall information: AM General, American Motors (AMC), Daewoo, Daihatsu, Datsun, Eagle, Geo, Lamborghini, Lotus, McLaren, Merkur, Panoz, Peugeot, Renault, Rolls-Royce, Sterling, Suzuki, Yugo. If you have these vehicles, AutoAp cannot help you confirm if a recall has been repaired or not.

FROM TIME TO TIME, MANUFACTURERS MAY INTERRUPT OR DELAY ACCESS TO THEIR SAFETY RECALL VERIFICATION WHICH WILL IMPACT AVAILABLE INFORMATION FROM AUTOAP, INC.

21. Years Represented

There may be no safety recall information on vehicles older than 10 to 15 years, depending on the manufacturer. AutoAp, Inc. takes no responsibility for providing information in these cases. Additionally, safety recall information for many new vehicles may not be provided by OEMs which means AutoAp does not have access to OEM information and cannot process these vehicles for VIN-specific safety recall status.

* Notes: Makes available for safety recall verification may change at any time, without notice. Passenger vehicles and light duty trucks, only. However, some medium and heavy duty trucks may be processable. No trailers, motorcycles, RVs, ATVs, are processable.

Maybach and Tesla: available only in Dynamic Recall Management service. Only made-for-US-market vehicles can be processed.

22. Third Party Licenses

In addition to its custom solutions, AutoAp, Inc. uses third-party, open-source software governed by the Apache License, Version 2.0, which can be found, here. These terms are included by reference. Unless required by applicable law or agree to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either expressed or implied. See the License for the specific language governing permissions and limitations under the License.

Effective Date / Date Last Modified

These Terms of Sale are effective as of December 11, 2014. Last updated November 11, 2020.

AutoAp, Inc.  •  4804 NW Bethany Blvd., Suite I-2, #342, Portland, OR 97229  •  503-951-6150
Copyright © 2014-2021, AutoAp, Inc., All rights reserved.