Terms of Service

For Mapbox Fleet & Mapbox Straightaway

Last Updated: May 4, 2022

Please read these Terms of Service for Mapbox Fleet & Mapbox Straightaway (these “Terms”) and our Privacy Policy for Mapbox Fleet & Mapbox Straightaway (https://getstraightaway.com/privacy-policy/) (“Privacy Policy”) carefully because they govern your use of the Mapbox Fleet website located at http://ﬂeet.mapbox.com (the “Site”) oﬀered by Mapbox, Inc. (“Mapbox”), our corresponding Mapbox Straightaway mobile application (“App”), and our services made available or through the Site and/or App. To make these Terms easier to read, the Site, the App and these services are collectively called the “Services.”

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND MAPBOX THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

These Terms apply to Mapbox Fleet & Mapbox Straightaway. The App is available to individual independent drivers (“Independent Drivers”) who use it to manage their own delivery routes and to managed drivers (“Managed Drivers”) who use it in connection with performing services for ﬂeet companies (“Fleets”). Mapbox Fleet includes a management console for administrators of Fleets to manage the routes of their Managed Drivers.

1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are an Independent Driver or a Managed Driver, you are agreeing to these Terms on your own behalf. If you are a Fleet or you are otherwise accessing or using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to both that entity and yourself.
2. Data Protection. Please review the Mapbox Data Processing Addendum (“DPA”) which is hereby incorporated in these Terms, where required by Data Protection Laws and Regulations (as deﬁned in the DPA). Mapbox’s Privacy Policy is hereby incorporated in these Terms and applies when accessing or using the Services unless the DPA otherwise applies..
3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services? If you are an Independent Driver or a Managed Driver, you may use the Services only if you are 18 years or older and capable of forming a binding contract with Mapbox, and not otherwise barred from using the Services under applicable law. If you are a Fleet, you may use the Services only if you are capable of forming a binding contract with Mapbox, and not otherwise barred from using the Services under applicable law, and you may create accounts for Authorized Users (as describe in Section 7 “Your Accounts” below) only if each individual is 18 years or older.
5. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
6. One-Time Payments and Subscriptions. Mapbox requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees. You have the option of purchasing a subscription (“Subscription”) for such use.

a. General. If you purchase a Subscription (a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notiﬁcation (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

b. Subscriptions. If you purchase a Subscription, your Subscription will begin at the end of your applicable trial period. You will be charged the Subscription fee (monthly or yearly), plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription period and each period thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE MAPBOX TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month on the anniversary of the commencement of your Subscription (either monthly or yearly, as applicable), using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Mapbox. Your Subscription continues until canceled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
c. Canceling Subscription. You may cancel a Subscription at any time during your trial period without charge. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be eﬀective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO THE TRIAL PERIOD, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period.

i. If you are an Independent Driver and want to cancel your Subscription, use the standard process of the platform you used to initiate the Transaction (Apple AppStore or Google Play Store). If you cancel, your right to use the fee-based Services will continue until the end of your then- current Subscription period and then your right to use fee-based Services will terminate without further charges. You may continue to use the features of the App accessible without a Subscription.
ii. If you are a Fleet and want to cancel your Subscription, contact support. If you cancel, your right to use the fee-based Services will continue until the end of your then- current Subscription period and then your right to use fee-based Services will terminate without further charges. Your Managed Drivers may continue as an Independent Driver to use the features of the App accessible without a Subscription.
7. Your Accounts.

a. Access & Usage Generally. Independent Drivers may use the App without an account and without a Subscription. Some features of the App are only available with an account and some features of the App are only available with a Subscription. In order for an Independent Driver or a Managed Driver to use all features of the App, both a Subscription and an account are required. Independent Drivers may create their own account through the App. Managed Drivers may either create their own accounts through the App or a Fleet may create their accounts for them. Each individual accessing or using the Services is solely (and we shall not be held) responsible for (i) maintaining the security and confidentiality of your username(s), password(s) and other access credential(s) to the Services and (ii) any use of, or decisions based on, the Services associated with your account(s), whether or not authorized by you. You may only access the Services using the authorized access credentials we issue to you (e.g., username/password). You are entirely responsible for any and all activities that occur under your account(s). You agree to immediately notify us of any unauthorized use of your account(s) or any other breach of security known to you.

b. Consent. In accordance with the DPA, you are giving and making all necessary consents, permissions and licenses to allow processing, transmission, collection, management, access, review, display, use, storage, disclosure and deletion (collectively, “Processing”) of data from you collected through the Services (whether your User Content or automatically collected from the App or the Site) for us to provide the Services and use collect, use and share information from you as described in these Terms and our Privacy Policy. This data may include your real-time precise geo-location, driving logs, device information, and app-usage-related data, even if you are not directly interacting with the App.
c. Independent Drivers. If you are an Independent Driver, you have an individual account which you may use only for packages that you deliver yourself. You manage your own account.
d. Managed Drivers. If you are a Managed Driver, your account is managed by your Fleet and you may use the App in connection with providing services to your Fleet. Your Fleet has full control of your account and may remove you as a Managed Driver. If you are removed as a Managed Driver, your account is not deleted but becomes an Independent Driver account. As an Independent Driver, you will not have access to your driving logs (and associated data and content) generated when you were a Managed Driver. As a Managed Driver, your Fleet may also manage, access, review, use, disclose or delete your proﬁle data, driving logs, Courier Data, User Content, Activity Data, and other data and content associated with your accounts.
e. Fleets. If you are a Fleet, you may create (or direct us to create) accounts on our Services for your Managed Drivers, employees, independent contractors and other third parties (your “Authorized Users”). By creating or directing us to create an account for Authorized Users, if these Authorized Users have not otherwise accepted these Terms, you are accepting these Terms on behalf of your Authorized Users. Authorized Users may access and use our Services only on your behalf and you are responsible for ensuring that Authorized Users fully comply with these Terms, even if they have accepted these Terms on behalf of themselves. You will obtain and maintain all necessary consents, permissions and licenses from and give necessary notices to all Authorized Users (even if they have accepted these Terms on behalf of themselves) to allow (A) Processing of data concerning Authorized Users collected through the Services (whether as User Content or automatically collected from the App or the Site) (“Activity Data”) and Mapbox providing you with the ability to do so and (B) us to provide the Services and use collect, use and share information from our users of our Services as described in these Terms and our Privacy Policy. You warrant that you are authorized to give access to Activity Data and consents for the Processing thereof by Mapbox (and its third party software, services and systems) for the purpose as described in these Terms.
f. Administrators. If you are a Fleet, you may designate some Authorized Users as administrators in your administrative console (your “Administrators”). Administrators manage, access, review, use, disclose or delete your proﬁle data, driving logs, Courier Data, User Content, Activity Data, and other data and content associated with your Authorized User accounts. We do not have any responsibility or liability for any internal management or administration of your Authorized User accounts by Administrators and you are responsible for all activities of your Administrators in accessing or using our Services.
g. Mapbox’s Enforcement Rights. Mapbox is not obligated to monitor access to or use of the Services or to review or edit any accounts or content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, suspend or disable access to any account or content, including any of your accounts and User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that aﬀects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
8. Integrations with Courier Platforms. Our Services may integrate with platforms of courier companies (a “Courier”) and allow data to be transmitted from Courier systems to be Processed by or within our Services. This data may include pickup & delivery-related data for your routes, your name, and your Courier login credentials/identiﬁcation (“Courier-Sourced Data”). If you are a Fleet, Courier Data may also include the name of your company and the above data for your Authorized Users. By providing us with access to your Courier login credentials/identiﬁcation, you are authorizing us (a) to access Courier-Sourced Data from Courier platforms and to Process Courier-Sourced Data by or within our Services (which may rely on or use third party software, services and systems) as described in these Terms or our Privacy Policy, and (b) to disclose your name and contact information to the Courier if requested. If you are an Independent Driver or a Managed Driver, you are making these authorizations on your own behalf. If you are a Fleet, you are making these authorizations on behalf of yourself and your Authorized Users (even if your Managed Drivers separately makes these authorizations). We do not assume any responsibility or liability for quality, accuracy, timeliness, truthfulness, completeness, reliability, legality or failure to access Courier-Sourced Data. We are solely responsible for providing maintenance and support and fulﬁlling warranties (if any) for our Services. Couriers assume no responsibility (and you hereby release Couriers from liability) for any maintenance, support or fulﬁllment of warranties (if any) for our Services.

9. Your Content.
a. Posting Content. Our Services may allow you (and your Authorized Users (if any)) to store or share content such as text, graphics, images and videos. Anything (other than Feedback) that you (or your Authorized Users (if any)) post or otherwise make available through the Services is referred to as your “User Content”. Mapbox does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
b. Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Mapbox a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
c. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Mapbox on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
d. Third Party Users. Neither Mapbox, its aﬃliated companies nor any of our respective suppliers and service providers are responsible for the conduct or content from any other user of our Services. We, our aﬃliated companies and our respective suppliers and service providers disclaim all liability to you for conduct or content from other users of our Services.
e. Mapbox’s and Suppliers’ & Service Providers’ Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We and our suppliers and service providers retain all rights to that content.
10. Rights and Terms for Apps. The App is used by Independent Drivers and Managed Drivers.
a. App License. If you comply with these Terms, Mapbox grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means. If you are a Fleet, you may make the App available to your Managed Drivers to use on your behalf as further described above.

b. Additional Information: Apple App Store. This Section 10(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party's intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

11. General Requirements and Prohibitions. You assume sole responsibility for your driving logs and using the Services in compliance with all federal and state applicable laws, regulations and rules. You agree not to do any of the following:
a. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or oﬀensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
b. aide or implement practices that violate or are intended to violate basic human rights or civil liberties (for clarity, you may not use the Services to assist in the creation of databases of identifying information for any government to abrogate any human rights, civil rights, or civil liberties of individuals on the basis of race, gender, gender expression or gender identity, sexual orientation, religion, age, national origin or based on any protected classiﬁcation under applicable laws);
c. Not violate or breach any codes of conduct, policies, storage limitations or other service notices Mapbox provides you or publishes in connection with the Services from time to time, but if any of those materially change these Terms, we will provide you with reasonable notice as provided in Section 20(c) “Notices” below.
d. Use, display, mirror or frame the Services or any individual element within the Services, Mapbox’s (or its affiliated companies’) name, any Mapbox’s (or its affiliated companies’) trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mapbox’s express written consent;
e. Access, tamper with, or use non-public areas of the Services, Mapbox’s computer systems, or the technical delivery systems of Mapbox’s providers;
f. Attempt to probe, scan or test the vulnerability of any Mapbox system or network or breach any security or authentication measures;
g. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Mapbox or any of Mapbox’s providers or any other third party (including another user) to protect the Services;
h. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Mapbox or other generally available third-party web browsers;
i. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
j. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services (unless applicable law permits, despite this limitation);
k. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
l. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
m. Operate a product or service where the use or failure of the Services could lead to death, personal injury or significant property or environmental damage;
n. Impersonate or misrepresent your affiliation with any person or entity;
o. Host with, transmitting to or providing to us any information that is subject to speciﬁc government regulation, including, without limitation, Protected Health Information (as deﬁned in the U.S. Health Insurance Portability and Accountability Act, as amended), financial information (as regulated by the U.S. Financial Services Modernization Act, as amended), consumer reports and consumer-reporting information (as regulated by the U.S. Fair Credit Reporting Act, as amended) and information subject to Export Control Laws;
p. Violate any applicable law, regulation or rules; or
q. Encourage or enable any other individual to do any of the foregoing.
r. In addition, you will comply with, will obtain all required authorization from applicable authorities under, and are not listed on (and are not 50% or more owned by one or more individuals, organization or entities that are listed on) any restricted or sanctioned party list maintained under the Export Control Laws.
12. DMCA/Copyright Policy. Mapbox respects copyright law and expects its users to do the same. It is Mapbox’s policy to terminate in appropriate circumstances accounts who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you are a copyright owner or an agent thereof, and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on are covered by a single notification, a representative list of such works;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. Please email your notification to the Legal Department at legal [at] mapbox.com
13. Links to Third Party Websites or Resources. The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
14. Termination.
a. By Mapbox. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating any or all of your Authorized User account(s), at our sole discretion, at any time and without notice to you.
b. By Independent Driver. Deleting an App from your device(s) will not close your account or cancel your Subscription (if any). If you want to cancel your Subscription, use the standard process of the platform you used to initiate the Transaction (Apple AppStore or Google Play Store). You may terminate your account at any time by contacting us through the App support features. In addition, if you use the App on an iOS device, you may terminate your account directly through the deletion feature within the App.
c. By Managed Driver. Deleting an App from your device(s) will not close your account. You may terminate your account at any time by contacting us through the App support features. In addition, if you use the App on an iOS device, you may terminate your account directly through the deletion feature within the App.
d. By Fleet. You may remove Managed Drivers from your account through the management console. Deleting an App from device(s) will not terminate those Authorized User accounts and you will continue to be charged for your active Subscriptions. You may remove all Authorized User accounts and close your entire account by contacting support.
e. Eﬀect of Termination. Upon any termination, suspension discontinuation or cancellation of the Services, these Terms or your accounts, the following Sections will survive: 5, 6(a), 6(b), 6(c) (only for payments due and owing to Mapbox prior to the termination), 7(b), 7(e), 7(f), 7(g), 8, 9, 10(b), 11, 12, 13, 14, 15, 16, 17, 18,19 and 20.
15. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

PLEASE NOTE THAT LOCATION AND MAP DATA MAY NOT ALWAYS BE ACCURATE AND MAY DIFFER FROM ACTUAL CONDITIONS. YOU MUST EXERCISE INDEPENDENT JUDGMENT WHEN USING THE SERVICE. You understand and agree that (a) the information from the App is not intended to replace what is seen in your surroundings, (b) you should not rely on the information from the App and should use the App only in a safe place and in compliance with applicable law, (c) it is your sole responsibility to monitor real-time surroundings, and take appropriate precautions, including suspending use of the App, in light of actual conditions such as traffic, crowds, and hazards, and to control movements, and (d) use of the App is entirely at the your own risk and failure to monitor and control for actual surroundings and movements may result in personal injury, property damage, and even death.

16. Indemnity. You will indemnify and hold Mapbox, our affiliated companies and our respective officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms. We reserve the right to solely control and conduct the defense of any matter subject to indemnification. You agree to cooperate with our requests in assisting our defense of these matters.
17. Limitation of Liability.
a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MAPBOX, NOR OUR AFFILIATED COMPANIES NOR OUR RESPECTIVE SUPPLIERS OR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
b. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL MAPBOX’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO MAPBOX FOR USE OF THE SERVICES IN THE TWELVE-MONTH PERIOD PRIOR TO THE DATE OF ANY CLAIM OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MAPBOX, AS APPLICABLE.
c. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAPBOX AND YOU. MULTIPLE CLAIMS WILL NOT EXPAND THESE LIMITATIONS.
18. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conﬂict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (deﬁned below) that you and Mapbox are not required to arbitrate will be the state and federal courts located in the County of San Francisco, and you and Mapbox each waive any objection to jurisdiction and venue in such courts.
19. Dispute Resolution.
a. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Mapbox agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Mapbox are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

b. Exceptions. As limited exceptions to Section 19(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualiﬁes; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
c. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in eﬀect, except as modiﬁed by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as speciﬁed in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

i. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a diﬀerent location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

d. Arbitration Costs. Payment of all ﬁling, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator ﬁnds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
e. Injunctive and Declaratory Relief. Except as provided in Section 19(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and eﬀect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
f. Class Action Waiver. YOU AND MAPBOX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this speciﬁc provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
g. Severability. With the exception of any of the provisions in Section 19(e) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
20. General Terms.
a. Reservation of Rights. Mapbox and its suppliers and service providers exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
b. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Mapbox and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Mapbox and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and eﬀect. You may not assign or transfer these Terms, by operation of law or otherwise, without Mapbox’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Mapbox may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the beneﬁt of the parties, their successors and permitted assigns.
c. Notices. Any notices or other communications provided by Mapbox under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

d. Open Source. The Services may contain or operate with software, services or other technology licensed by Mapbox or available under an open source software or open data license (each, an “Open License”). To the extent required by the applicable Open License (i) Mapbox makes available in the applicable documentation or through the Services a list of software or data under such Open License, (ii) the Open License applies to your use of such software or data, and (iii) these Terms do not prevent or restrict you from exercising additional or diﬀerent rights to such software or data.

e. Waiver of Rights. Mapbox’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be eﬀective only if in writing and signed by a duly authorized representative of Mapbox. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
21. Contact Information. If you have any questions about these Terms or the Services, please contact Mapbox at fleet[at] mapbox.com.

Terms of Service

For Mapbox Fleet & Mapbox Straightaway

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