Website Terms of Use These Terms of Use (“Terms of Use”) are entered into by and between you (the user or viewer of the App (defined below) and/or Website (defined below)); and Sincere Labs NYC, Inc. (“Sincere Labs”, “Sincere Labs NYC”, “Underway”, “Underway NYC”, “we”, “us”, or “our”), and govern your access to and use of Underway: NYC Subway Transit mobile application (the “App”) and our website located at https://www.underway.nyc (the “Website”). These Terms of Use have been last updated on February 14, 2025. These Terms of Use may be modified at any time by Sincere Labs by posting the modified Terms of Use to the Website. Any such modifications shall be effective immediately upon posting unless some other effective date is expressly stated. You can view the most recent version of this Terms of Use at any time at https://www.underway.nyc/terms-of-use or through your App. Your use of this Website or the App shall constitute and be deemed your unconditional acceptance of these Terms of Use. If you disagree with any part of these terms and conditions, please do not use the Website or App.
Privacy. Your use of the App and Website is also governed by our Privacy Policy, which is hereby incorporated into these Terms of Use. Please review our Privacy Policy at https://www.underway.nyc/privacy-policy. Sincere Labs reserves the right, and you authorize us to use and assign all information provided by or collected from you in any manner consistent with our Privacy Policy. In addition, when using our App, you shall be subject to any posted policies, guidelines or rules applicable to use of the App. All such policies, guidelines and rules are hereby incorporated by reference into these Terms of Use and together govern our relationship with you.
Website and App Content. The content of the Website and App is for your general information and use only. It is subject to change without notice. The App and Website are provided on an “as is” basis and may use internet services that are not under our direct control. While we strive to provide accurate and updated content on our Website and App, we do not warrant that the descriptions or other content on the App and Website are accurate, complete, or current. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website or apps for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We do not warrant that the App, Website, or each of their features will be accessible at all times or that they will function in an error free manner. We reserve the right to cease operating the App, Website, or any of their features at any time.
Intellectual Property. The Website and App contain material which is either owned by or licensed to us. All trademarks reproduced in the Website and App which are not the property of, or licensed to, the operator are acknowledged. All content on the App and Website including without limitation, design, layout, look, appearance, graphics, logos, trademarks, images, and software is, and shall continue to be (unless such content constitutes content that is licensed to us), the property of Sincere Labs or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the App or Website is prohibited, except as expressly permitted in this Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the App or Website.
App and Website Use. Sincere Labs grants you a limited, revocable, nonexclusive license to use this App and Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy content from the App or Website, reverse engineer or hack into the App or Website, or use materials, products or services in violation of any law. Your use of this App and Website is at the discretion of Sincere Labs who may terminate your access and use at any time. Your use of any information or materials on this website or apps is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available meet your specific requirements. Unauthorized use of the Website or App may give rise to a claim for damages and/or be a criminal offense.
External Links. The App and Website may provide links to other websites or mobile applications. These links are provided for your convenience to provide further information. They do not necessarily signify that we endorse the website(s) or app(s). We have no responsibility for the content of the linked website(s) or app(s). These Terms of Use or Privacy Policy do not apply to those other websites or mobile applications, which may have their own terms and policies. You should review the terms of use and privacy policies of any other websites and mobile applications that you visit.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the App and Website. You further agree that the information provided by you is truthful and accurate to the best of your knowledge.
Indemnification. You agree to indemnify, defend and hold Sincere Labs and its officers, partners, employees, agents, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Terms of Use or use of the App or Website.
Disclaimer. THE INFORMATION ON THE APP AND WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE APP OR WEBSITE IS AT YOUR SOLE RISK. SINCERE LABS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP OR WEBSITE SHALL BE TO DISCONTINUE USING THE APP OR WEBSITE, AS THE CASE MAY BE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SINCERE LABS, ITS OR THEIR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND/OR WEB HOSTING SERVICES, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE APP, WEBSITE, YOUR WEBSITE USE, YOUR APP USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP, WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR APP OR WEBSITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Use that directly conflict with such laws may not apply to you.
Copyrights. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide us a notice at [email protected] containing all of the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the App or Website;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Applicable Law. You agree that the laws of the state of New York without regard to conflicts of laws provisions will govern these Terms of Use and any dispute that may arise between you and Sincere Labs or its affiliates. Venue shall be the state and federal courts located in New York.
Severability. If any provision of this Terms of Use is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary such that this Terms of Use will otherwise remain in full force and effect.
Relationship of the Parties. Each party is, and shall remain, an independent contractor and nothing contained in this Terms of Use shall be construed to make either party a partner, joint venturer, employee or agent of the other party, and neither party shall hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.
Contact Information. If you have questions about these Terms of Use, please email us at [email protected] with “Terms of Use” in the subject line or mail us at Sincere Labs NYC, 1850 Amsterdam Ave, New York NY, 10031 or call us at (347) 878-7373.
Underway