Highlights of our Terms of Service:
The following highlights constitute a non-exhaustive summary of the Terms of Service set forth below and therefore, are not to be relied on. We encourage you to read our full Terms of Service, which govern your contractual relationship with Nexar.
Terms of Service:
Effective Date: 1st of July, 2019
These Terms of Service (the “Terms”) govern the access or use by you of Nexar’s smart dashcam mobile application (the “App”), Nexar’s Live map (the “Live Map”) or any other software, products and/or services (collectively, the “Services”) provided by Nexar, Inc., its subsidiaries (including Nexar Ltd.) and any of their affiliates (collectively “Nexar”, “we,” “us” or “our”).
Changes to these Terms
Nexar may revise these Terms from time to time. We will identify the date the Terms were last updated at the beginning of the Terms. All changes are effective immediately when we post them (or such later effective date as may be indicated at the top of the revised Terms) and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of the revised Terms means you accept and agree to the changes. It is your sole responsibility to check for updates to these Terms on an ongoing basis. If we make any material changes to these Terms (e.g. regarding our data collection, processing and purpose or usage), we will notify you and require your explicit consent before you will be able to continue to use the Services.
Use of the Services
You agree to comply with all applicable laws and regulations when using the Services, and you may only use the Services for lawful purposes.
You are fully responsible for any activity that might occur following the installation and use of our Software on your Device.
You must be an individual, at least 18 years old to download and use the APP. By using the App, you warrant that you are 18 years or older and understand your obligations under these Terms.
License to Use our Services
Before and/or as a condition for using the Services, Nexar’s software (including the App) (herein “Software”) may be downloaded onto your smartphone, computer and/or other devices (herein “Device”) to access our Services. Nexar reserves all rights to any such Software. The Software may update automatically on your Device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
You have no right to sublicense, copy, transfer, modify or make derivative works of the Software. You are also prohibited from mass downloading or creating bulk feeds based on the Services. You may not use the Live Map to create or augment any other mapping-related dataset for use in a service that is substantially similar to the Live Map.
Unless we notify you otherwise, the Software license ends when your use of the Services ends. You must then promptly uninstall the Software, and we may disable it. You must not work around any technical limitations in the Software.
Our Proprietary Rights
As between Nexar and you, Nexar or its licensors own and reserve all rights, title and interests in and to the Services and all hardware, software and other items of Nexar used to provide you with the Services, other than the rights explicitly granted to you to use the Services in accordance with these Terms. No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Nexar. In the event that you provide comments, suggestions or recommendations to Nexar related to the Services (including, without limitation, regarding modifications, enhancements, improvements or other changes) (collectively, “Feedback”), you hereby grant to Nexar a world-wide, royalty-free, irrevocable, perpetual license to use and otherwise incorporate any Feedback provided.
You may not (i) remove any copyright, trademark or other proprietary notices from our Services and specifically, from any portion of the App and/or the Live Map; (ii) reproduce, modify, distribute, sell or lease any part of the Services; or (iii) reverse engineer or attempt to extract the source code of any Software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
You hereby represent and warrant that: (i) the User Content, (ii) your submission of; uploading; or otherwise making available to others the User Content, or (iii) Nexar's use of the User Content as permitted herein, will not infringe, misappropriate or violate any third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You hereby acknowledge and agree that complying with all applicable laws and/or regulations regarding publicity and privacy while using the Services (including with respect to permitted usage of dash cams and/or the recording of others) shall be solely under your responsibility and you will bear all liability for any consequences resulting from not complying with such laws and regulations – please exercise discretion before using our Services. You hereby agree and warrant not to make available or share with others any User Content that can be reasonably understood to be defamatory, libellous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive. Although we are not required to do so, we may access, review and delete all or part of your User Content at any time, including in order to assess and stop any violation of these Terms as determined by Nexar in its sole discretion.
We reserve the right to retain incidents and time-lapse photography indefinitely in de-identified form (i.e. any link to the user who recorded them or to the information related to such user, including GPS, will be deleted).
Data Charges & Text Messages
You are responsible for any mobile charges that you may incur for using our Services. If you are unsure what those charges may be, you should consult your service provider before using the Services.
By using the Services, you agree that Nexar may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.
Updates, Suspension and Termination of the Services
Nexar reserves the right, in its sole discretion, to make any necessary unscheduled changes, updates or enhancements to the Services at any time. We may add or remove functionalities or features, and we also reserve the right to suspend or terminate your access to any or all of the Services at any time in our sole discretion, with or without cause or notice, and without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Services due to: (a) an actual or suspected violation of these Terms; (b) use of the Services in a manner that may cause Nexar to incur legal liability or disrupt others' use of the Services; (c) the suspicion or detection of any malicious code, virus or other compromise of the security of the Services by you; (d) scheduled or recurring downtime; or (e) unplanned technical problems and outages.
If, in our determination, the suspension might be indefinite or we have elected to terminate your access to any or all of the Services you may no longer have access to the User Content. Nevertheless, where reasonably possible, we will give you reasonable advance notice and a chance to extract your User Content.
NEXAR PROVIDES THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEXAR MAKES NO – AND SPECIFICALLY DISCLAIMS ALL – REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE DATA YOU PROVIDE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT WHEN USING NEXAR SERVICES, YOU MAY FIND THAT ACTUAL CONDITIONS DIFFER FROM THE INFORMATION PROVIDED BY THE SERVICES (INCLUDING WITH RESPECT TO FORWARD COLLISION WARNINGS, HARD BRAKES AND SHARP TURNS), SO IT IS YOUR RESPONSIBILITY TO EXERCISE YOUR INDEPENDENT JUDGEMENT. THE INFORMATION PROVIDED UNDER THE SERVICES IS NOT INTENDED TO REPLACE INFORMATION PROVIDED ON THE ROAD LIKE TRAVEL DIRECTION, TIME BASED RESTRICTIONS, LANE RESTRICTIONS, ROAD BLOCKADES, TRAFFIC SIGNS, TRAFFIC LIGHTS OR POLICE INSTRUCTIONS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEXAR, ITS OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, PROFITS OR REVENUE), HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF NEXAR HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF NEXAR, ITS OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF USD 100 OR THE AMOUNT YOU PAID NEXAR, IF ANY, IN THE LAST 12 MONTHS FOR THE SERVICES. THE LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH EVENT, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
To the extent permitted by law, you will defend, indemnify and hold Nexar, its officers, employees, agents or suppliers harmless from any and all claims, demands, losses, liabilities and expenses (including costs and attorneys' fees) made by any third party due to or arising out of (i) your use of the Services, (ii) your violation of these Terms, or (iii) your violation of any applicable law or the rights of any third party. Nexar reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Nexar, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Nexar's prior written consent. Nexar will use reasonable efforts to notify you of any such claim or demand that is subject to your indemnification obligation.
These Terms shall be governed and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to any conflict or choice of law provisions.
Arbitration & Class Action Waiver
By agreeing to these Terms, and to the extent applicable by local law, you also agree to arbitrate any and all claims against Nexar pursuant to the Federal Arbitration Act and subject to the terms below. You and Nexar agree that this Section 12 will satisfy the “writing” requirement of the Federal Arbitration Act, and further agree, that notwithstanding any other provision of the Terms, the Federal Arbitration Act shall govern the interpretation and enforcement of this Section.
If a dispute arises between you and Nexar regarding a claim, you and we agree to binding alternative dispute resolution pursuant to the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and its Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”).
TO THE EXTENT POSSIBLE BY THE APPLICABLE LAW, ARBITRATION REGARDING YOUR CLAIM SHALL BE MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA RULES.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE PERMITTED.
All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. The arbitration proceeding will be held in New York, New York (borough of Manhattan), unless you elect to proceed with a telephonic hearing or unless you and Nexar agree to an alternative location. Nexar will pay the initial filing fee for any arbitration, but the parties each shall otherwise bear their respective fees and expenses except as may be provided in the AAA Rules.
For a copy of the AAA Rules, to file a claim or for other information about the AAA, contact the AAA at www.adr.org
All determinations as to the scope, interpretation, enforceability and validity of these Terms shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
This arbitration provision shall survive the termination of the Services or of these Terms. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
Jurisdiction & Injunctive Relief
Subject to the provisions of Section 12 (Arbitration and Class Action Waiver) and to any applicable law, you and Nexar irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts for New York, New York (borough of Manhattan), USA, for all disputes arising out of or relating to these Terms. Notwithstanding anything to the contrary in Section 12, either party may bring an action in such court for temporary injunctive relief to preserve the status quo or to enjoin a violation of these Terms until an arbitrator can be empanelled and determine whether such relief should continue.
Waiver & Severability
Any failure by Nexar to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by an arbitrator, court or other tribunal of competent jurisdiction, the provision shall be modified to the extent necessary to make it enforceable while, to the maximum extent possible, reflecting the intent of the parties, and, in any event, the remaining provisions of these Terms will remain in full force and effect.
Assignment & Transfer
We may assign, transfer or otherwise dispose of our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Services without our written permission.
If you have any questions about these Terms, please contact us