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Plain-English summary
The terms of service for onXmaps include several significant risks for users. These risks include mandatory binding arbitration, which means you cannot pursue claims in court and waive your right to a jury trial. The company also limits its liability for damages, potentially capping recovery at $50 or your last 12 months' payment, and users assume all risks, including those leading to injury or death, while waiving claims against onXmaps. Additionally, onXmaps has a broad license to use your content and suggestions without compensation or credit, and they can remove content at their sole discretion. Subscriptions automatically renew, and you won't receive refunds for fees already paid upon cancellation.
90% confidence
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Risk Flags
2 findings
Critical issues that may result in significant harm or loss to the user.
high95% confidence
Mandatory Binding Arbitration
Claims will be resolved by binding arbitration instead of court, except for qualifying small claims court cases. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Why it matters: You lose your right to a jury trial and must resolve disputes through binding arbitration, limiting your ability to pursue claims in court and restricting judicial review of arbitration decisions.
ALL CLAIMS SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
BINDING ARBITRATION AND CLASS ACTION WAIVER, paragraph 1 · Citation strength: strong
high90% confidence
User Assumes All Risks, Waives Claims for Damages
Your use of the service may involve known and unanticipated risks that could result in property damage, bodily injury, or death. You assume all such risks and related damages and losses, and you voluntarily release, waive, discharge, and hold harmless onXmaps parties from any claims for property damage, bodily injury, wrongful death, loss of services, or other claims arising from your use of the service.
Why it matters: You are fully responsible for any property damage, bodily injury, or death that may occur from using the service, even if caused by the acts of others or risks beyond onXmaps's control. You waive your right to sue onXmaps for these harms.
YOU ASSUME ALL SUCH RISKS AND ALL RELATED DAMAGES AND LOSSES, WHETHER CAUSED IN WHOLE OR IN PARTY BY ANY ACT OR OMISSION OF ONXMAPS PARTIES. YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS ONXMAPS PARTIES FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION FOR PROPERTY DAMAGE, BODILY INJURY, WRONGFUL DEATH, LOSS OF SERVICES OR OTHER CLAIMS ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.
CHANGES TO THE TOU, paragraph 17 · Citation strength: strong
Data Use
1 finding
How the company collects, uses, and shares your data, and what control you have over it.
medium90% confidence
Broad License for User Suggestions
If you provide suggestions, comments, ideas, improvements, or other feedback relating to the Service, onXmaps is free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer, or otherwise grant rights in your suggestions without credit or compensation to you.
Why it matters: Any suggestions or feedback you provide can be used by onXmaps in any way, indefinitely, without acknowledging you or providing compensation.
If you elect to provide or make available to onXmaps any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), onXmaps shall be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.
RIGHTS TO CONTENT; COPYRIGHT AND TRADEMARK NOTICE, paragraph 19 · Citation strength: strong
Cancellation & Renewal
2 findings
How subscriptions renew, how to cancel, and any associated costs or penalties.
medium95% confidence
No Refunds or Prorated Fees Upon Cancellation
Canceling a membership or turning off auto-renewal does not entitle you to a refund of any fees already paid, and previously charged fees will not be pro-rated based on the cancellation date. Cancellation is effective at the conclusion of the then-current term.
Why it matters: If you cancel your subscription, you will not receive a refund for any fees already paid and will continue to have access until the end of your current billing cycle.
Canceling a membership or turning off auto-renewal will not entitle you to a refund of any fees already paid, and previously charged fees will not be pro-rated based on cancellation date. Cancellation is effective at the conclusion of the then-current term.
FEES AND MEMBERSHIPS; CANCELLATION, paragraph 4 · Citation strength: strong
low90% confidence
No Refunds for In-App Purchases Managed by App Store
onXmaps is unable to process any returns or exchanges for purchases made via App Stores; you must abide by the specific return policies of the App Store.
Why it matters: If you make an in-app purchase, onXmaps cannot directly assist with returns or exchanges, meaning you must adhere to the specific return policies of the App Store where the purchase was made.
We are unable to process any returns or exchanges for purchases via the App Stores, you must abide by the specific return policies of the App Store.
FEES AND MEMBERSHIPS; CANCELLATION, paragraph 4 · Citation strength: strong
Gotchas
2 findings
Potentially overlooked clauses that may be to the user's disadvantage.
medium90% confidence
Unilateral Content Removal Right
onXmaps reserves the right in its sole discretion to pre-screen, refuse, or remove any content, including user-generated content, that it deems objectionable or that violates the TOU.
Why it matters: onXmaps can remove any content you upload, post, or share on the service at its sole discretion, even if it doesn't violate specific terms.
You acknowledge and agree that onXmaps has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although onXmaps reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing sentence, onXmaps shall have the right to remove any Content that violates the TOU or that it deems objectionable in its sole discretion
RESPONSIBILITY FOR CONTENT, paragraph 2 · Citation strength: strong
medium95% confidence
Disclaimer of Warranties
Your use of the service is at your sole risk, and the service is provided "as is" and "as available," with all faults. onXmaps disclaims all warranties, including those of merchantability, fitness for a particular purpose, and non-infringement.
Why it matters: You bear all risks associated with using the service, as onXmaps provides it without any warranties regarding its quality, suitability for your needs, or freedom from defects.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND ONXMAPS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CHANGES TO THE TOU, paragraph 5 · Citation strength: strong
Protections
2 findings
Commitments and features that benefit the user.
Protection95% confidence
Pro-rated Refund Upon Service Discontinuation
In the event onXmaps discontinues the Service, you will be entitled to receive a prorated refund for the unused portion of any active subscription.
Why it helps: You are assured of receiving a refund for any remaining subscription time if onXmaps discontinues its service, preventing you from losing money on an unusable product.
onXmaps reserves the right at any time to modify, suspend or discontinue the Service (or any portion thereof) with or without notice, and onXmaps shall not be liable to you or to any third party for any such modification, suspension or discontinuance; provided, however, that in the event of discontinuance, you will be entitled to receive a prorated refund for the unused portion of any active subscription.
ADDITIONAL DATA SERVICES, paragraph 7 · Citation strength: strong
Protection95% confidence
Advance Notice for Price Increases
onXmaps will notify you at least 30 days in advance of your auto-renewal if the price of your membership fee has increased.
Why it helps: You will receive a 30-day advance warning if your subscription price increases, allowing you time to decide whether to continue the service or cancel before being charged the new rate.
onXmaps will notify you at least 30 days in advance of your auto-renewal if the price of your membership fee has increased.
FEES AND MEMBERSHIPS; CANCELLATION, paragraph 3 · Citation strength: strong
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