By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Optiway. Optiway is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for. The Optiway app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Optiway app won’t work properly or at all. 

You should be aware that there are certain things that Optiway will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Optiway cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left. If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app. Along the same lines, Optiway cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Optiway cannot accept responsibility. With respect to Optiway’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Optiway accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

This End User License Agreement ("Agreement") sets forth the terms and conditions governing the use of the Licensed Products provided by TomTom. By using the Licensed Products, you ("End User") agree to be bound by this Agreement. If you do not agree to these terms, do not use the Licensed Products. License Restrictions The license for the Licensed Products is granted solely for End User's internal business or personal use and is strictly non-transferable. End User shall not engage in the resale, distribution, sublicense, or commercial use of the Licensed Products. Confidentiality End User acknowledges that the Licensed Products contain confidential information owned by TomTom. End User agrees not to disclose, share, or provide access to the Licensed Products to any third parties. Unauthorized Copying End User expressly agrees not to make unauthorized copies of the Licensed Products or any part thereof. Copyright and Trademark Notice End User shall not remove or obscure any copyright, trademark notice, or restrictive legend present on the Licensed Products. Right to Audit TomTom reserves the right to audit the Distributor, Licensee, Value Added Reseller, or End User to ensure compliance with this Agreement. Third-Party Beneficiary End User agrees that TomTom is a third-party beneficiary of this Agreement. The covenants and obligations undertaken by End User in this Agreement are intended for the direct benefit of TomTom and may be enforced by TomTom directly against End User.  

Limitation of Liability NEITHER TOMTOM NOR ITS SUPPLIERS SHALL BE LIABLE TO THE END USER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOMTOM OR ITS SUPPLIERS SHALL HAVE NO MONETARY LIABILITY TO THE END USER FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT. Disclaimer of Warranties THE LICENSED PRODUCTS ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS BASIS," AND TOMTOM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY TOMTOM OR ANY OF ITS AGENTS, EMPLOYEES, OR THIRD PARTY PROVIDERS SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT. Restricted Uses End User shall not use the Authorized Application to create or assist in the creation of a digital map database, provide competitive information about TomTom or its products to third parties, or use the Licensed Products for in-flight or drone navigation or in connection with any high-risk systems, devices, products, or services that are critical to the health, safety, or security of people and property. U.S. Government Rights If End User is a government entity, End User agrees to comply with the LIMITED or RESTRICTED rights as described in any applicable DFARS or FAR if funded by the United States Government. The Licensed Products are considered a trade secret and proprietary commercial product exempt from public disclosure provisions. 

Specific Conditions Relating to Certain Products A. End User is prohibited from using the data of Ireland in any printed, published form to be distributed freely or sold to the public. B. End User shall not use the Canadian Postal Codes contained in any Licensed Product for bulk mailing or postal code look-up on the Internet. C. TomTom Traffic Licensed Product shall not be stored for more than twenty-four (24) hours on End User's servers or used for historical data purposes. D. The Data and Licensed Products shall not be used for enforcing traffic laws or selecting potential locations for speed tracking devices. E. End User must comply with U.S. Government regulations regarding the use of satellite imagery viewed through the Map Display API. By using the Licensed Products, End User agrees to be bound by the terms of this Agreement. Failure to comply with these terms may result in the termination of the license and other legal actions.

At some point, we may wish to update the app. The app is currently available on iOS – the requirements for system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Optiway does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device. 

Changes to Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.