DrivSafe License Agreement
DriveSafe is a trademark of DrivSafe LLC. This license agreement governs your use of the DrivSafe product so please read this agreement carefully and keep a record of this agreement for your future reference.
1. Your relationship with DrivSafe LLC.
1.1 Your use of DrivSafe software, services and its websites (referred to collectively as the “Services” in this document and excluding any services provided to you by DrivSafe LLC. under a separate written agreement) is subject to the terms of a legal agreement between you and DrivSafe LLC. “DrivSafe”, “DrivSafe LLC”, “us”, and “our” means DrivSafe LLC., Columbus OH, United States. “You”, “your” and “yours” mean the person who is using the Services. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing by us, your agreement with us will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with us will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and DrivSafe LLC. in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
2.2.A clicking to accept or agree to the Terms, where this option is made available to you by us in the user interface for any Service; or
2.2.B by actually using the Services. In this case, you understand and agree that we will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with us, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
3. Provision of the Services by DrivSafe LLC.
3.1 We are constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which we provide may change from time to time without prior notice to you.
3.2 As part of this continuing innovation, you acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform us when you stop using the Services.
3.3 You acknowledge and agree that if we disable Services to you, your details or any files or other content which it contains may not be temporarily or permanently available.
4. Use of the Services by you
4.1 You may use the Service only after agreeing to this license agreement. The cellular phone, computer, IP address and other methods through which the Services are accessed will become permanent record of your account.
4.2 If you do not wish to continue using the Service, it will be your responsibility to notify us by taking actions as described in the “Ending your relationship with DrivSafe LLC.” section of this agreement.
4.3 Services collects information about you as described in the “License from DrivSafe LLC.” section of this agreement. These services may access and transmit information using internet and data services from your cellular phone. We have attempted to limit such use and to transmit most information at night or off-peak hours. You agree that the Services may do so and we will not be held responsible for any charges billed to you by anyone including but not limited to your cellular phone service provider and internet service provider. You agree to bear the costs of such data transmissions between the services and us.
4.4 In order to access certain Services, you may be required to provide information about yourself (such as identification, demographic information, vehicle information or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to us will always be accurate, correct and up to date.
4.5 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.6 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by us, unless you have been specifically allowed to do so in a separate agreement with us.
4.7 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.8 Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.9 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
5. Information sharing
5.1 You authorize us to share the information collected by the Services, information collected by your interaction with us and information collected about you and your use of the Services from third parties with any company.
5.2 The data collected as described above may be transmitted to us as described in the “Use of the Services by you” section of this agreement. You agree not to hold us responsible for any costs incurred for this data transmission as described in the “Use of the Services by you” section of this agreement.
5.3 You also authorize us to use and share the information collected as described in the “Privacy and your personal information” section of this agreement as permitted by United States law.
6. Privacy and your personal information
6.1 We may share your information with any third parties not affiliated with DrivSafe LLC. as allowed by United States law.
7. Proprietary rights
7.1 You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.
7.2 Unless you have agreed otherwise in writing with us, nothing in the Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
7.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with us, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and our brand feature use guidelines as updated from time to time.
7.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
7.5 Unless you have been expressly authorized to do so in writing by us, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
8. License from DrivSafe LLC.
8.1 DrivSafe LLC. gives you a personal and non-transferrable license to use the software provided to you by us as part of the Services (referred to as the “Software” below). This Software periodically records your information such as but not limited to location, use of cellular phone and services and shares the information as described in the “Information sharing” and “Privacy and your personal information” sections of this agreement.
8.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by us in writing.
8.3 Unless we have given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
9. Software updates
9.1 The Software which you use may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Services.
10. Ending your relationship with DrivSafe LLC.
10.1 The Terms will continue to apply until terminated by either you or DrivSafe LLC. as set out below.
10.2 If you want to terminate your legal agreement with us, you may do so by (a) notifying us at any time (b) closing your accounts for all of the Services which you use, where we have made this option available to you and (c) un-installing and removing all software and data files from your cellular phone, computer or other places.
10.3 We may at any time, terminate its legal agreement with you if:
10.3.A you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
10.3.B We are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
10.3.C the third party partners with whom we offered the Services to you terminate their relationship with us; or
10.3.D We are no longer providing the Services to users in the geography in which you are resident or from which you use the service; or
10.3.E the provision of the Services to you by us is, in our opinion, no longer commercially viable.
10.4 Nothing in this Section shall affect our rights regarding provision of Services under “Provision of the Services by DrivSafe LLC.” section of the Terms.
10.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and DrivSafe LLC. have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions in the “General legal terms” section of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.
11. EXCLUSION OF WARRANTIES
11.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
11.3 IN PARTICULAR, WE, OUR SUBSIDIARIES AND AFFILIATES, AND OUR LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
11.3.A YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
11.3.B YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
11.3.C ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
11.3.D THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
11.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR CELLULAR PHONE SYSTEM OR OTHER DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
11.6 WE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION OF LIABILITY
12.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES AND AFFILIATES, AND OUR LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
12.1.A ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
12.1.B ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
12.1.A.1 ACTIONS TAKEN BY THIRD PARTY COMPANIES USING THE INFORMATION COLLECTED BY THE SERVICES, INFORMATION COLLECTED BY YOUR INTERACTION WITH US AND INFORMATION APPENDED FROM A THIRD PARTY TO THE COLLECTED INFORMATION FROM YOU.
12.1.B.2 ANY CHARGES BILLED TO YOU BY YOUR CELLULAR SERVICE PROVIDER OR YOUR INTERNET PROVIDER FOR THE USE OF SERVICES INCLUDING BUT NOT LIMITED TO DATA TRANSMISSION TO AND FROM YOUR DEVICES THROUGH WHICH THE SERVICES ARE USED.
12.1.B.3 ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
12.1.B.4 THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
12.1.B.5 ACTIONS TAKEN BY YOU AS A RESULT OF USING THIS SERVICE;
12.2 THE LIMITATIONS ON OUR LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13. Copyright and trade mark policies
13.1 It is our policy to respond to notices of alleged intellectual property infringement and copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
14. Changes to the Terms
14.1 We may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, we will make a new copy of the Universal Terms available through the Services.
14.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, we will treat your use as acceptance of the updated Universal Terms or Additional Terms.
15. General legal terms
15.1 The Terms constitute the whole legal agreement between you and DrivSafe LLC. and govern your use of the Services (but excluding any services which we may provide to you under a separate written agreement), and completely replace any prior agreements between you and DrivSafe LLC. in relation to the Services.
15.2 You agree that we may provide you with notices, including those regarding changes to the Terms, by text messages, sms, email, regular mail, or postings on the Services.
15.3 You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to DrivSafe LLC.
15.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.5 You acknowledge and agree that each member of the group of companies of which we are parent or subsidiary shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
15.6 The Terms, and your relationship with DrivSafe LLC. under the Terms, shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You and DrivSafe LLC. agree to submit to the exclusive jurisdiction of the courts located within the Franklin county, Ohio to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
October 28, 2014.
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