DriveScape Terms of Use

BY DOWNLOADING, USING ANY DRIVESCAPE SERVICE OR CLICKING AGREE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT YOU MAY NOT USE DRIVESCAPE. IN ORDER TO USE THE DRIVESCAPE SERVICES, DRIVER MUST HAVE THE POWER TO ENTER A BINDING CONTRACT WITH CMT AND NOT BE BARRED FROM DOING SO UNDER ANY APPLICABLE LAW. DRIVER ALSO REPRESENTS THAT ANY INFORMATION THAT IT SUBMITS TO CMT IS TRUE, ACCURATE, AND COMPLETE (DRIVER MUST UPDATE ANY SUCH INFORMATION FROM WITHIN THE APP IF IT CHANGES). DRIVERS MUST BE 18 OR OLDER.

This agreement is between Cambridge Mobile Telematics, Inc., located at 314 Main Street, Cambridge, MA 02142, USA a Delaware Corporation (CMT), and the individual driver entering into this agreement (Driver). The App is licensed and is not sold.

The DriveScape device (Device), Driver App (App) and associated backend web services (collectively, DriveScape Services) will be provided directly to Driver.

1. SCOPE AND DRIVESCAPE SERVICES.

DriveScape Technology that Works Together. This agreement describes the licensing of the App made available to a Driver, the use of the Device and the connected web-based data service which processes the video, audio and other data and files from the Device. The Device collects audio and video files and associated data and transmits such data to the App and the backend web service. The Device can be managed by a Driver through the App.

Registration. To use the App, and register the Device, Drivers login with their Uber credentials. Driver is solely responsible for maintaining the confidentiality of its credentials, and is responsible for all activities processed by the DriveScape Services.

Delivery of the Device. Once Driver places an online order for the DriveScape Service, the Device will be shipped to the address provided to CMT.

Installation and Maintenance of the Device. Driver is solely responsible for the proper installation and maintenance of the Device. Improper installation or maintenance of the Device can lead to property damage, or bodily injury (including death).

Connectivity. The Device uses cellular connectivity to transmit data and files to the CMT backend web service provided as part of the DriveScape Service.

Payment. Each Driver must pay a service fee for the DriveScape Service as specified in the online order, when signing up for the DriveScape Service, plus applicable taxes.

Content. The Device provide features which records, and allows the sharing of video or audio, files (Content). The operation of this feature is described in the DriveScape technical documentation, brochures and FAQs. Driver is solely responsible for all Content. Neither CMT nor the DriveScape Service monitor, filter or approve any Content. CMT is not responsible for the appropriateness, accuracy, usefulness, safety, or intellectual property rights of or relating to any Content.

Compliance and Responsibilities regarding Privacy of Videos and Audio Recordings. Privacy and other laws applicable in Driver’s jurisdiction may impose certain responsibilities on Driver and its use of the DriveScape Service. Driver is responsible (and not CMT) to ensure that it complies with any applicable laws when using the DriveScape Service, including without limitation: (a) any laws or regulations relating to the recording or sharing of video or audio content, (b) any laws or regulations requiring that notice be provided to, or that consent be obtained from, third parties with respect to Driver’s use of the DriveScape Service (for example, laws or regulations requiring you to display appropriate signage advising others that an audio/visual recording is taking place), and (c) any laws or regulations requiring that installation of any product which takes visual or audio recordings be installed at such an angle that it does not take any recordings beyond certain boundaries.

2. APP AND WEB SERVICE TERMS.

Subject to the other terms of this agreement, CMT grants Driver a limited duration terminable, non-exclusive, non-transferable license to operate the App only for Driver’s purposes of managing video and audio recordings, on one supported mobile device, which will interconnect with the CMT backend web processing services. CMT may provide updates to the App. Driver must have a mobile device that is compatible with the App. CMT does not warrant that the Device is compatible with Driver’s mobile device. Driver may use mobile data in connection with the App and may incur additional charges from Driver’s wireless provider. Driver is solely responsible for any such charges.

3. DEVICE TERMS.

The Device is used by the Driver for the term of the order, and CMT retains all right, title and interest to the Device, including without limitation any firmware installed on the Device. Driver agrees that portions of the firmware, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of CMT and its licensors. Driver however assumes the risk of loss to the Device.

4. DISCLAIMER.

THE DRIVESCAPE SERVICES ARE PROVIDED AS IS WITH ALL FAULTS. CMT DISCLAIMS ALL WARRANTIES, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. DRIVER UNDERSTANDS THAT THE DRIVESCAPE SERVICE MAY NOT BE ERROR FREE AND USE MAY BE INTERRUPTED.

5. CMT PROPERTY AND PROHIBITED ACTIVITIES.

CMT Property. CMT retains all right, title and interest to the DriveScape Services. The DriveScape Services are protected by applicable copyright and other intellectual property laws. Driver may not remove any product identification, copyright, trademark, or other notice from the Device or App. CMT reserves all rights unless expressly granted in this agreement.

Prohibited Activities. Driver may not (a) make available copyrighted material through the DriveScape Service that it does not own or that it does not have the legal right to distribute, display and otherwise make available to others; (b) share login credentials to the App with unauthorized third parties; (c) reverse engineer, disassemble or decompile any part of the DriveScape Service or interfere with or hack or attempt to interfere with or hack any DriveScape Service, except to the extent allowed by applicable law despite this limitation; (d) misrepresent the source, identity, or content of information transmitted through the DriveScape Service; (e) use the DriveScape Service for any unlawful purpose or in violation of any applicable law or regulation; (f) operate the DriveScape Service other than in accordance with its technical documentation; or (g) use the DriveScape Services to advertise any product or service that is prohibited or regulated by applicable laws or regulations, or to engage in any false or misleading or otherwise unlawful or objectionable advertising practice.

6. TERM AND SUSPENSION.

Term. This agreement continues until 30 days after all services have ended. This agreement will automatically terminate if Driver breaches any term.

Suspension of Service for Violations of Law or this Agreement. CMT may immediately suspend any part of the DriveScape Service and remove any Content if CMT believes, in its reasonable discretion, that, as part of using the DriveScape Service, Driver may have violated a law or any part of this agreement. CMT may try to contact Driver in advance, but it is not required to do so.

7. LIABILITY LIMIT.

Exclusion of Indirect Damages. Where not prohibited by mandatory applicable law, CMT is not liable for any indirect, special, incidental, or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of or unauthorized access to data or information; and lost profits, revenue, or anticipated cost savings), even if it knows of the possibility of such damage or loss or if the damage or loss is foreseeable.

Total Limit on Liability. Where not prohibited by mandatory applicable law, CMT’s total liability arising out of or related to this agreement (whether in contract, tort, or otherwise) does not exceed the greater of the amount paid or payable by Driver for the DriveScape Service within the 1-year period prior to the event which gave rise to the claim or $100.

Consumer Law Notice. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. Driver may have additional consumer rights under local law.

8. GOVERNING LAW AND FORUM.

This agreement is governed by the laws of the Commonwealth of Massachusetts (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement. Any suit or legal proceeding must be exclusively brought in the federal or state courts for Suffolk County, Massachusetts, and Driver submits to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.

9. OTHER TERMS.

Entire Agreement and Changes. This agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. Each party is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise, or inducement not included in this agreement is binding. No modification of this agreement is effective unless both parties sign it, however this agreement may be modified through an electronic process provided by CMT. No waiver is effective unless the party waiving the right signs a waiver in writing.

No Assignment. Neither party may assign or transfer this agreement to a third party, except that the agreement may be assigned, without the consent of the other party, as part of a merger or sale of all or substantially all the businesses or assets of a party.

Independent Contractors. The parties are independent contractors with respect to each other and neither party may act as an agent of the other party.

Enforceability and Force Majeure. If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation, force majeure events.

Money Damages Insufficient. Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.

Survival of Terms. Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement, will survive (including, without limitation, the confidentiality terms, limitation of liability, etc.).

Export Compliance. Driver must comply with all applicable export control laws of the United States, foreign jurisdictions, and other applicable laws and regulations.

Feedback. If Driver provides feedback or suggestions about the DriveScape Service, then CMT (and those it allows to use its technology) may use such information without obligation to Driver.

Open-Source DriveScape Device Licenses. The Device and App may contain embedded open-source components, which are provided as part of the DriveScape device and for which additional terms may be included in the technical documentation.

Notice Regarding Apple and Google: Driver acknowledges that the agreement is between Driver and CMT only, not with Apple or Google, and neither Apple nor Google is responsible for the App and the content thereof. Neither Apple nor Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Neither Apple nor Google has no other warranty obligation whatsoever with respect to the App, and neither is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Neither Apple nor Google is responsible for the investigation, defense, settlement and discharge of any third-party claim that the App or your possession and use of the App infringes that third party intellectual property rights. You agree to comply with any applicable third-party terms, when using the App. Apple, Google and their subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of this agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary. Driver represents and warrants that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. This agreement is subject to applicable Apple and Google Store Terms and Conditions.

10/10/2021 Version 1.0