Acceptance of Terms
Welcome to Cartoq. By accessing or using the Cartoq platform at cartoq.com (the "Platform"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the Platform.
These Terms constitute a legally binding agreement between you and Cartoq ("we," "us," or "our"). Please read them carefully.
Eligibility
Age Requirement: You must be at least 18 years old to create an account and use the Platform. By using the Platform, you represent and warrant that you are 18 years or older.
Capacity: You must have the legal capacity to enter into binding contracts under Indian law. If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
Geographical Restrictions: The Platform is intended primarily for users in India. Access from other jurisdictions is permitted, but you are responsible for compliance with local laws.
Account Registration & Security
Creating an Account
To access certain Platform features (recommendation features, saved research, comparisons), you must create an account:
- Provide accurate, current, and complete information
- Maintain and update your information as needed
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access at [email protected]
One Account Per Person: You may not create multiple accounts or share accounts with others.
Account Responsibility
You are solely responsible for:
- All activity that occurs under your account
- Maintaining the confidentiality of your login credentials
- Any consequences of unauthorized use of your account
- Notifying us of security breaches
We are not liable for losses arising from unauthorized use of your account, whether with or without your knowledge.
Account Termination
By You: You may delete your account at any time through account settings or by contacting [email protected].
By Us: We reserve the right to suspend or terminate your account if you:
- Violate these Terms
- Engage in fraudulent or illegal activity
- Abuse the Platform or other users
- Provide false information
- Remain inactive for extended periods (we'll provide notice)
Upon termination, your right to use the Platform ceases immediately. We may delete your data in accordance with our Privacy Policy.
Permitted Use
What You May Do
You may use the Platform to:
- Browse automotive models and specifications
- Access recommendation features and analysis
- Create and save research
- Compare vehicles
- Read news and editorial content
- Connect with authorized dealers (when ready to purchase)
Personal, Non-Commercial Use
The Platform is provided for your personal, non-commercial use. You may not:
Prohibited Commercial Uses:
- Use Platform data for competing services
- Resell or redistribute our recommendations
- Create derivative automotive products
- Aggregate our data for commercial purposes
- Use our content in commercial applications without permission
Exception: Automotive professionals (journalists, researchers) may reference Cartoq content with proper attribution for editorial purposes..
Prohibited Conduct
You agree NOT to:
Technical Abuse
- Use automated systems (bots, scrapers, crawlers) to access the Platform
- Reverse engineer or attempt to extract source code
- Circumvent security measures or access restrictions
- Overload our servers or infrastructure
- Introduce viruses, malware, or harmful code
Content Misuse
- Copy, reproduce, or republish Platform content without permission
- Remove copyright notices or attribution
- Create unauthorized derivative works
- Use content for training AI models or machine learning systems
Account Abuse
- Create fake or multiple accounts
- Impersonate others or misrepresent affiliations
- Share accounts or login credentials
- Purchase, sell, or transfer accounts
Illegal Activity
- Violate any applicable Indian or local laws
- Infringe intellectual property rights
- Engage in fraudulent activity
- Harass, threaten, or harm others
Data Collection
- Collect user information from the Platform
- Scrape or systematically extract data
- Build databases using our content
Consequences: Violation may result in account termination, legal action, and liability for damages.
Intellectual Property Rights
Our Ownership
Platform Content: All content on the Platform is owned by Cartoq or licensed to us, including:
- Text, graphics, images, videos
- Intelligence analysis and insights
- AI verdicts and recommendations
- Software, code, and algorithms
- Logos, trademarks, and branding
- Design, layout, and user interface
Protected by:
- Indian Copyright Act, 1957
- Trademarks Act, 1999
- Information Technology Act, 2000
- International copyright treaties
Your License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and view Platform content
- Save research to your personal account
- Export your research for personal use
- Share comparison links for personal purposes
This License Does NOT Include Rights To:
- Modify, copy, or distribute content
- Use content commercially
- Create derivative works
- Sublicense or transfer rights
- Remove attribution or copyright notices
User-Generated Content
If You Submit Content (feedback, suggestions, reviews):
- You grant us a worldwide, perpetual, royalty-free license to use, modify, and display such content
- You represent that you own or have rights to submit the content
- You waive any moral rights to the extent permitted by law
We may use your feedback to improve the Platform without compensation or attribution.
Trademarks
"Cartoq," "CartoqAI," and associated logos are our trademarks. You may not use them without written permission except to reference the Platform in editorial contexts with proper attribution.
Recommendations & Data Accuracy
Nature of Recommendations
What We Provide: The Platform offers automotive recommendations derived from multiple sources, including:
- Manufacturer specifications
- Expert analysis
- Owner experiences
- Market data
- AI-powered analysis
What This Is NOT:
- Professional automotive advice
- Purchasing recommendations tailored to your specific circumstances
- Financial or investment guidance
- Guarantees about vehicle performance or suitability
No Warranties on Accuracy
Information Provided "AS IS": While we strive for accuracy, we do not warrant that:
- All information is current, complete, or accurate
- Intelligence will meet your specific needs
- Recommendations are suitable for your circumstances
- Vehicles will perform as described
- Pricing information is exact (varies by dealer, location, timing)
Your Responsibility:
- Verify critical information with manufacturers and dealers
- Conduct independent research before purchase decisions
- Use recommendations as one input among many
- Make final decisions based on your judgment
Third-Party Information
Some content comes from manufacturers, dealers, and other third parties. We do not control or guarantee the accuracy of such information.
- Manufacturer Data: Specifications, features, and pricing are provided by manufacturers and may change without notice
- Owner Insights: Based on self-reported experiences. Individual experiences may vary
- Market Analysis: Reflects general trends and may not apply to specific situations
Links to Third-Party Sites
The Platform contains links to third-party websites (manufacturer sites, dealers, social media, video platforms).
We Do Not:
- Control third-party sites
- Endorse their content or services
- Take responsibility for their practices
- Warrant their accuracy or safety
Your Responsibility: Review the terms and privacy policies of any third-party sites you visit. Your interactions with them are at your own risk.
Third-Party Services We Use:
- Google Maps (location services)
- YouTube (video embeds)
- Social media platforms (content embeds)
These are governed by their own terms.
OEM/Dealer Connections & Transactions
Facilitation, Not Sale
Cartoq Does Not:
- Sell vehicles directly
- Act as a dealer or broker
- Guarantee OEM/dealer pricing or availability
- Take responsibility for OEM/dealer conduct
- Control OEM/dealer-customer interactions
What We Do: We facilitate connections between users and OEMs/authorized dealers based on your research and expressed purchase intent.
Your OEM/Dealer Interactions
When You Connect with Dealers:
- You provide consent to share your contact information and research summary
- OEMs/Dealers contact you directly
- Any transactions are directly between you and the OEM/dealer
- We are not party to your purchase agreement
No Warranties: We do not warrant:
- OEM/Dealer quality, reliability, or conduct
- Vehicle availability or condition
- Pricing accuracy
- Delivery timelines
- After-sales service
Your Protection: Deal only with authorized dealers. Verify credentials. Review purchase agreements carefully. We recommend independent vehicle inspections before purchase.
Important Legal Notice
TO THE FULLEST EXTENT PERMITTED BY LAW:
Disclaimers of Warranties
Platform Provided "AS IS"
The Platform is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:
- Merchantability: Fitness for a particular purpose
- Non-Infringement: Freedom from third-party rights violations
- Accuracy: Completeness or reliability of content
- Availability: Uninterrupted or error-free operation
- Security: Freedom from viruses or harmful components
No Guarantee of Results
We do not guarantee that:
- The Platform will meet your requirements
- Platform operation will be timely, secure, or error-free
- Results from Platform use will be accurate or reliable
- Defects will be corrected
- Recommendations will lead to optimal purchase decisions
Internet Risks
Use of the internet involves inherent risks including:
- Service interruptions
- Security vulnerabilities
- Data transmission errors
- Third-party interference
We are not responsible for losses arising from these risks.
TO THE MAXIMUM EXTENT PERMITTED BY INDIAN LAW:
Limitation of Liability
Direct Damages
Our total liability to you for any claims arising from Platform use shall not exceed the amount you paid us in the 12 months prior to the claim (currently zero for free services).
Excluded Damages
We Are NOT Liable For:
- Indirect, incidental, consequential, or special damages
- Lost profits, revenue, data, or business opportunities
- Cost of substitute services or products
- Damage to reputation or goodwill
- Vehicle purchase decisions or outcomes
- Dealer conduct or transactions
- Third-party actions or content
Even If:
- We were advised of the possibility of such damages
- Our remedies fail of their essential purpose
Specific Exclusions
We are not liable for losses arising from:
- Reliance on Platform recommendations for purchase decisions
- Inaccurate, outdated, or incomplete information
- Unauthorized access to your account
- Platform downtime or technical issues
- Third-party sites or services
- Your violation of these Terms
Indian Law Context
Some jurisdictions do not allow limitations on implied warranties or liability for incidental damages. Where such laws apply, our liability is limited to the greatest extent permitted by law.
Indemnification
You Agree to Indemnify and Hold Harmless: Cartoq, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:
- Your use of the Platform
- Your violation of these Terms
- Your violation of any rights of others
- Your violation of applicable laws
- Content you submit to the Platform
- Your account activity (whether authorized or not)
Process: We reserve the right to assume exclusive defense and control of any matter subject to indemnification. You will cooperate with our defense of such claims.
Modifications to Platform & Terms
Platform Changes
We Reserve the Right To:
- Modify, suspend, or discontinue the Platform (or any part) at any time
- Change features, functionality, or availability
- Update content, recommendations, or analysis
- Impose usage limits or restrictions
Without:
- Prior notice (though we'll try to provide notice for material changes)
- Liability to you or third parties
Terms Updates
We May Update These Terms:
- To reflect Platform changes
- For legal or regulatory compliance
- To address new features or services
- To clarify existing provisions
Notice:
- Material changes: Email notification + Platform notice (30 days before effective date)
- Minor changes: Updated "Last Updated" date
Your Options:
- Continued use after changes = acceptance
- If you disagree, stop using the Platform and delete your account before changes take effect
No Waiver: Our failure to enforce any provision doesn't waive our right to enforce it later.
Dispute Resolution
Governing Law
These Terms are governed by the laws of India, without regard to conflict of law principles.
Jurisdiction: Courts in New Delhi, Delhi shall have exclusive jurisdiction over disputes arising from these Terms or Platform use.
Negotiation First
Before Filing Legal Action: Contact us at [email protected] to attempt informal resolution. Provide:
- Your name and account email
- Description of the dispute
- Desired resolution
We'll respond within 30 days and work in good faith toward resolution.
Arbitration (Optional)
If negotiation fails, either party may elect binding arbitration under the Arbitration and Conciliation Act, 1996:
- Seat: New Delhi, India
- Language: English
- Arbitrator: Single arbitrator mutually agreed or appointed by Arbitration Institution
- Rules: Indian Council of Arbitration arbitration rules
- Award: Final and binding on both parties
Exception: Either party may seek injunctive relief in court for intellectual property violations or urgent matters.
Class Action Waiver
You Agree:
- To bring claims only in your individual capacity
- Not to participate in class actions, consolidated actions, or representative actions
- That arbitration will be on an individual basis only
Small Claims
Nothing prevents either party from bringing claims in small claims court if they qualify.
Severability
If any provision of these Terms is found invalid or unenforceable by a court:
- That provision will be modified to reflect the parties' intent to the extent possible
- All other provisions remain in full force and effect
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cartoq regarding Platform use, superseding any prior agreements or communications.
No Oral Modifications: These Terms can only be modified through written updates published on the Platform.
Assignment
You May Not: Transfer or assign your rights or obligations under these Terms without our written consent.
We May: Assign these Terms or transfer Platform operations to a third party (e.g., in a merger or acquisition) without restriction. You'll be notified of material assignments.
Force Majeure
We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including:
- Acts of God (natural disasters, epidemics)
- War, terrorism, civil unrest
- Government actions or regulations
- Internet or telecommunications failures
- Labor disputes
- Technical failures or cyberattacks
Survival
The following provisions survive termination of these Terms or your account:
- Intellectual Property Rights
- Disclaimers of Warranties
- Limitation of Liability
- Indemnification
- Dispute Resolution
- Any other provision that by its nature should survive
Contact Information
For Questions About These Terms:
Response Time
Within 7-14 business days
For Other Matters:
- General support: [email protected]
- Privacy concerns: [email protected]
- Grievances: [email protected]
Toqfactor Technologies Private Limited
3rd Floor, Plot 1A, BGR Energy Building
Sector 16, Film City
Noida 201301
Uttar Pradesh, India
Acknowledgment
By Using the Platform, You Acknowledge That You Have:
- Read and understood these Terms
- Agreed to be bound by them
- Are at least 18 years old
- Have the authority to enter this agreement
If You Represent an Organization: You have authority to bind that organization to these Terms.