Terms of use.

Road Charge Pilot mobile application end-user licence agreement

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY SIGNING IN TO THE APP, WITH APPLE, GOOGLE OR AN EMAIL ADDRESS AND PASSWORD, YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SIGN IN.

Who we are and what this agreement does

We, Road Charge Pilot Ltd, a company registered in England and Wales (company number 17531657), of 352 Blackgate Lane, Holmes, Preston, Lancashire, PR4 6JJ, license you to use:

• The Road Charge Pilot mobile application software, the data supplied with the software, (App) and any updates or supplements to it.

• The related online documentation on our website, roadchargepilot.com (Documentation).

• The service you connect to via the App and the content we provide to you through it, including our information about road charging zones, their charges and payment rules (Zone Information), which the App downloads and keeps up to date in the background (Service).

as permitted in these terms.

What the App does and does not do

The App alerts you when your vehicle enters a road charging zone in the UK that the App covers, such as a toll road, bridge or tunnel, a Clean Air Zone or other low emission zone, the London Congestion Charge or ULEZ, or an airport drop-off zone. It tells you whether a charge is likely for your vehicle and when it must be paid, keeps a record of your crossings and can remind you before payments are due.

The App is not a payment service and we do not run any charging scheme. We do not pay any charge for you, and we have no connection with the bodies that run charging schemes, such as Transport for London, National Highways, local councils and toll operators. Where the App links to a scheme operator's website so that you can pay, you pay the operator directly.

You are responsible for paying any charge that applies to you, by the scheme operator's deadline, whatever the App tells you (see Limitations to the App and the Services).

Using the App while driving

The App sends alerts while you are driving. Do not look at or handle your phone while driving: in the UK, and in many other countries, it is illegal to hold and use a phone while driving. Only read and act on alerts when it is safe and legal to do so, for example once you have parked. Always follow road signs and the rules of each charging scheme, whatever the App shows.

Your privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy at roadchargepilot.com/privacy, unless you are using a specific service to which a different privacy policy applies, as set out below (see Additional terms for specific Services), and it is important that you read that information.

Other terms that may apply to you

If you buy a subscription in the App, the terms in Subscriptions and free trials below will apply to the sale, together with the terms of the app store you buy it from.

Additional terms for specific Services

In addition the Services set out below will be governed by the following terms of use and privacy policies:

The app store's terms also apply

The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the app store you got the App from (the Apple Media Services Terms and Conditions at apple.com/legal/internet-services/itunes, or the Google Play Terms of Service at play.google.com/about/play-terms) and that app store's rules and policies will apply instead of these terms where there are differences between the two.

Operating system requirements

This App requires an iPhone with the iOS operating system version 15 or later, or an Android phone with the Android operating system version 7.0 or later. It also needs location access set to "Always" (on an iPhone) or "Allow all the time" (on Android), with precise location turned on, permission to send notifications, a mobile data connection and an Apple or Google account or an email address to sign in with. It only works while your phone is switched on and with you in the vehicle, and some phone settings, such as battery-saving settings, can stop it working properly. The "App checklist" in the App shows whether everything it needs is in place.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them please see our support resources at roadchargepilot.com/support.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@roadchargepilot.com.

How we will communicate with you. If we need to contact you we will do so by email, using the email address linked to your account, or by a notification from the App. If you chose to hide your email address when signing in with Apple, this is the forwarding address Apple gave us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

• download a copy of the App onto any iPhone or Android phone that you own or control and on which you sign in to your account, and view, use and display the App and the Service on such devices for your own purposes, including when you drive for work. In addition, if you own a family plan, you may share the Service with up to three other people in accordance with the rules set out in Family plans below.

• use any Documentation to support your permitted use of the App and the Service.

• receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

You must be 18 to accept these terms and use the App

You must be 18 or over to accept these terms, use the App and buy a subscription. This applies to members of a family plan too.

Subscriptions and free trials

Plans. The App is free to download, but you need a subscription to use it. We offer plans for one person, and family plans for up to four people, paid yearly or monthly. The plans and their prices, including any tax, are shown in the App and by the app store before you buy.

Free trials. If you are eligible, your subscription starts with a free trial, currently 7 days long; the app store decides whether you are eligible. Unless you cancel at least 24 hours before the free trial ends, your subscription will continue and you will be charged.

Payment and renewal. Subscriptions are sold, billed and renewed by Apple or Google, not by us. Your subscription renews automatically at the end of each year or month, at the price shown at the time, unless you cancel at least 24 hours before it renews.

Cancelling. You can cancel at any time in your Apple Account or Google Play settings, which you can reach from Manage subscription in the App's settings. You keep the Service until the end of the period you have paid for. We cannot cancel a subscription for you, and deleting the App or your account does not cancel it.

Refunds. Refunds are handled by Apple or Google under their own refund policies. This does not affect your legal rights.

Price changes. If the price of your plan changes, Apple or Google will tell you before the new price applies, in line with their rules, and you can cancel before it does.

Codes. We sometimes offer codes that give a discount on a plan, such as a percentage off the first year, or off the first 12 months of a monthly plan, after which the normal price applies. A code works only on the plans and within the dates we say. It has no cash value, can be used once per person and can be withdrawn at any time before you use it. We record which code you used, as described in our privacy policy.

Family plans

A family plan is for the person who buys it (the owner) and up to three other people (members). The owner invites members by giving them an invite code from the Family plan page in the App. Each member needs their own account and must accept these terms. Members can use the Service in full for as long as the owner's family plan lasts. The owner can remove a member, and a member can leave, at any time.

If the family plan ends, for example because the owner cancels it, stops paying, is refunded or deletes their account, members lose access to the Service shortly afterwards unless they subscribe themselves. Only the owner can cancel or change the plan, in their app store account. Joining a family plan does not cancel a member's own subscription, so a member who already pays for one should cancel it in their app store account.

The owner can see each member's name (or email address, if their account has no name), and each member can see the owner's. They cannot see each other's crossings or vehicles.

When your subscription ends

If your subscription ends, the App stops watching for charging zones and tells you once that it has stopped. You can still see the crossings it recorded before, with their payment deadlines, but it will not record any more. If you subscribe again, it starts watching again.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above (see How you may use the App, including how many devices you may use it on). Whilst you may have sharing rights under a family plan as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. Your account is for you alone, so do not let anyone else use it. If you sell any device on which the App is installed, you must remove the App from it.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice, to deal with additional features which we introduce, or to reflect changes to our subscription plans or the charging zones we cover.

We will give you at least 30 days' notice of any change by emailing you with details of the change and by sending you a notification from the App.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service, and you may cancel your subscription before the changes take effect and apply to the app store you bought it from for a refund, which will reflect the period the App and the Service have been available to you prior to cancellation.

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. We also update the Zone Information in the background as charging schemes change, for example when a zone opens or closes or its boundary, charges or payment rules change, without the App itself needing an update.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

The App will always match the description of it provided to you when you bought it, but the charging zones it covers will change over time as schemes open, close and change.

If someone else owns the device you are using

If you download or stream the App onto any other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the other device.

We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). This includes the official payment websites of charging schemes, which the App links to so that you can pay a charge. We do not run those websites or take any payment for a charge.

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

• except in the course of permitted sharing under a family plan (see How you may use the App, including how many devices you may use it on), not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

• not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

• not copy, extract or re-use all or any substantial part of the Zone Information, except as part of the normal use of the App;

• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;

• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

  • is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

  • is not used to create any software that is substantially similar in its expression to the App;

  • is kept secure; and

  • is used only for the Permitted Objective;

• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must:

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);

• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services (including the Zone Information) throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App is a tool to help you keep track of road charges. We cannot guarantee that it will detect every time you enter a charging zone, or that every charge, exemption, discount or deadline it shows is correct. For example, your phone's location can be inaccurate or unavailable (such as in tunnels, where signal is poor, or when your phone is off, its battery has run out or its settings stop the App running in the background); charging schemes change their zones, charges and payment rules, sometimes at short notice; and whether a charge applies can depend on details of your vehicle, or on discounts and exemptions, that the App does not know or has wrong. You remain responsible for knowing when you have driven into a charging zone and for paying any charge that applies to you, by the scheme operator's deadline, directly to the scheme operator. If you are unsure whether you owe a charge, check with the scheme operator. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Our total liability to you is limited. Apart from any liability that it would be unlawful for us to limit, our total liability to you for all loss and damage arising out of or in connection with the App and the Service will not be more than the total you have paid for your subscription in the 12 months before the event that caused the loss.

Please back-up content and data used with the App. The App backs up your crossings to your account, but we recommend that you also keep your own records of the charges you have paid, such as the receipts scheme operators send you, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site and in the Documentation) meet your requirements, including that the App covers the charging zones you drive through.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

• You must stop all activities authorised by these terms, including your use of the App and any Services.

• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

• We may close your account and cease providing you with access to the Services. We cannot cancel a subscription bought through an app store, so you will need to cancel it in your app store account.

You can delete your account at any time

You can stop using the App and delete your account at any time, in the App's settings or at roadchargepilot.com/delete-account. Deleting your account deletes your information as described in our privacy policy. It does not cancel your subscription, so cancel that in your app store account first, or you may still be charged. If you own a family plan, deleting your account ends it for your members.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

Apart from the rights of Apple and its subsidiaries set out in Additional terms if you got the App from the Apple App Store, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this agreement and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live outside the UK, nothing in these terms takes away any protection you have under the consumer laws of the country where you live that cannot be excluded.

Additional terms if you got the App from the Apple App Store

If you got the App from the Apple App Store, the following terms also apply:

• These terms are concluded between you and us only, and not with Apple. We, not Apple, are solely responsible for the App and its content.

• Your licence to use the App is a non-transferable licence to use it on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed, acquired and used by other accounts associated with you through Family Sharing, volume purchasing or Legacy Contacts. This does not apply to subscriptions, which can be shared only through our family plans.

• We alone are responsible for providing maintenance and support for the App, as set out in Support for the App and how to tell us about problems, or as required by law. Apple has no obligation whatsoever to provide any maintenance and support services for the App.

• We are solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

• We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.

• If a third party claims that the App, or your possession and use of it, infringes their intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.

• You confirm that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.

• Please send any questions, complaints or claims about the App to us at the address in Who we are and what this agreement does, or by email to support@roadchargepilot.com.

• You must comply with any third-party terms that apply when you use the App, for example your mobile network's terms for using mobile data.

• You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these terms, and that, once you accept these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.