Copyright and Trademark Notices

OPENBAY is the trademark of Openbay. The names and logos of companies, products or services mentioned at the Site and in any App may be the trademarks or service marks of their respective owners, and shall not be deemed to create any endorsement or association between Openbay and such owners.

All rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be made according to the instructions provided at openbay.com.

Terms Required by Apple:

In the event that you obtain any App through the Apple App Store, offered by Apple, Inc. (Apple), then the following shall apply:

Both you and Openbay acknowledge that the agreements in the Terms of Service are concluded between you and Openbay only, and not with Apple, and that Apple is not responsible for the App;
You will only use the App in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever 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, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, paid for the App;
You acknowledge and agree that Openbay, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App;
You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Openbay, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country 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;
Both you and Openbay acknowledge and agree that, in using the App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use;
Both you and Openbay acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as the third party beneficiary hereof; and
In the event you use the App to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

Last update: Jan 2024