Mapa APP

These Terms and Conditions of Use (these "Terms") constitute a binding legal agreement between you, whether individually or on behalf of an entity ("User," "you," or "your"), and Mapa App Inc., a Delaware corporation ("Mapa," "Company," "we," "us," or "our"), governing your access to and use of the Mapa mobile application, website, and any related software, content, products, and services made available by Mapa (collectively, the "Platform"). By accessing, browsing, registering for, or otherwise using the Platform, or by affirmatively indicating your acceptance of these Terms through a click-through or similar mechanism, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement. If you are using the Platform on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the term "User" shall include such entity.

Mapa operates a technology platform designed to provide users with access to information, analytics, and tools related to motor vehicle auctions and related transactions. The Platform may include, without limitation, data aggregation, algorithmic analysis, artificial intelligence-generated insights, user interfaces for interacting with third-party auction platforms, and tools for facilitating communications and instructions in connection with vehicle acquisition. The Platform is provided for informational and facilitative purposes only. Mapa does not operate as a licensed motor vehicle dealer, broker, or agent unless expressly stated in a separate written agreement executed by Mapa. Mapa does not take title to vehicles, does not offer vehicles for sale, and is not a party to any purchase or sale transaction involving vehicles identified or referenced through the Platform. All vehicle purchases are executed through a licensed motor vehicle dealer entity, which may be affiliated with Mapa but is a legally distinct entity (the "Dealer"). The Dealer, and not Mapa, is the purchaser of record and, where applicable, the seller or transferor of vehicles to end users. Nothing in these Terms shall be deemed to create any partnership, joint venture, fiduciary, or agency relationship between Mapa and any user, and Mapa does not act as a representative or intermediary in any transaction unless expressly agreed in writing.

In order to access certain features of the Platform, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Mapa immediately of any unauthorized use of your account or any other breach of security. Mapa shall not be liable for any loss or damage arising from your failure to safeguard your account information.

By providing your phone number, you consent to receive communications from Mapa, including transactional messages and, where permitted by law, marketing communications via text message or automated dialing systems. You understand that consent is not a condition of purchase and that you may opt out at any time.

You agree to use the Platform only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations. You shall not use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use of the Platform. You shall not attempt to gain unauthorized access to any systems, accounts, or data, nor shall you use any automated means, including bots, scrapers, or similar technologies, to access or collect information from the Platform without Mapa's prior written consent. You further agree not to misrepresent your identity, engage in fraudulent activity, or use the Platform in connection with any illegal or unauthorized transaction. You also represent that you will not use the Platform in connection with any transaction involving sanctioned countries, entities, or individuals in violation of U.S. law.

You acknowledge that any financial, identification, or transactional information you provide may be processed by third-party payment processors or service providers, and Mapa does not store full payment card information unless expressly stated. Mapa shall not be responsible for the security or handling of such information by third-party providers, provided that Mapa uses commercially reasonable efforts to engage reputable service providers.

You consent to the use of electronic signatures, records, and communications in connection with your use of the Platform. You agree that your electronic acceptance of these Terms constitutes a valid and binding agreement under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state laws, including the Uniform Electronic Transactions Act (UETA).

All content, materials, and functionality available through the Platform, including but not limited to software, algorithms, databases, text, graphics, logos, and trademarks, are the exclusive property of Mapa or its licensors and are protected by applicable intellectual property laws. Subject to your compliance with these Terms, Mapa grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal or internal business purposes. You shall not copy, reproduce, distribute, modify, create derivative works from, reverse engineer, decompile, or otherwise exploit any portion of the Platform except as expressly permitted by Mapa in writing.

To the extent that you submit or upload any content to the Platform, including comments, feedback, or other materials ("User Content"), you grant Mapa a worldwide, perpetual, irrevocable, royalty-free, transferable license to use, reproduce, modify, distribute, and display such User Content in connection with the operation and improvement of the Platform. You represent and warrant that you have all necessary rights to grant such license and that your User Content does not infringe the rights of any third party.

Your use of the Platform is subject to Mapa's Privacy Policy, which is incorporated herein by reference. The Privacy Policy describes how Mapa collects, uses, processes, and discloses personal information, including disclosures to third parties in connection with the operation of the Platform and facilitation of transactions. By using the Platform, you acknowledge that you have reviewed and understand the Privacy Policy.

By using the Platform, you expressly authorize Mapa to collect, use, process, store, and disclose your personal information, usage data, transactional data, and any information you submit through the Platform to third-party service providers, licensed dealers, auction platforms, analytics providers, and other partners as reasonably necessary to operate the Platform, facilitate transactions, improve services, prevent fraud, comply with legal obligations, and conduct business operations.

The Platform may offer subscription-based services or other paid features. By enrolling in a subscription or making a purchase, you agree to pay all applicable fees as disclosed at the time of purchase. You authorize Mapa or its third-party payment processors to charge your designated payment method for all such fees. Unless otherwise expressly stated, all fees are non-refundable. Mapa reserves the right to change its pricing and billing practices upon reasonable notice.

The Platform may integrate with or provide access to third-party services, including auction platforms, payment processors, and data providers. Mapa does not control, endorse, or assume responsibility for any third-party services, and your use of such services is subject to the terms and conditions of the applicable third party. Mapa shall not be liable for any acts or omissions of any third party.

All information provided through the Platform, including data, analytics, and artificial intelligence-generated outputs, is provided for informational purposes only. Mapa makes no representations or warranties regarding the accuracy, completeness, reliability, or timeliness of such information. You acknowledge that vehicle auction environments inherently involve uncertainty and risk. Mapa does not inspect vehicles and does not guarantee the condition, safety, legality, or suitability of any vehicle. You are solely responsible for conducting your own due diligence.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mapa DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. Mapa DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mapa SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM. IN NO EVENT SHALL Mapa'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO Mapa DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You agree to indemnify, defend, and hold harmless Mapa and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Platform, your violation of these Terms, your violation of applicable law, or your involvement in any transaction facilitated through the Platform.

Mapa reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to the Platform at any time, with or without notice, for any reason. Upon termination, your right to use the Platform shall immediately cease.

Any dispute arising out of or relating to these Terms or the Platform shall be resolved exclusively by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Miami-Dade County, Florida, before a single arbitrator. You and Mapa waive any right to a jury trial and agree that any claims shall be brought solely in your individual capacity and not as part of any class or representative action.

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles. Subject to the arbitration provisions set forth above, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida.

These Terms constitute the entire agreement between you and Mapa regarding the subject matter hereof and supersede all prior or contemporaneous agreements. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permitted and the remaining provisions shall remain in full force and effect.

Mapa respects the intellectual property rights of others and expects users to do the same. If you believe that any content on the Platform infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act to Mapa's designated agent at hello@mapabroker.com.

If you have any questions regarding these Terms, you may contact Mapa at hello@mapabroker.com.