Last Updated: January 24, 2017
Our goal at Nexar is improving driver safety. Our hybrid community-driver computer setup provides users of our smart dashcam mobile application (the “App”) with insights and alerts about surrounding cars and empowers users to provide feedback and alerts to other drivers on the road.
These Terms of Service (“Terms”) govern the access or use by you, an individual within the United States and its territories and possessions, of the App provided by Nexar (“we,” “us” or “our”). Please read these Terms carefully before using our App. By downloading and using our App, you are agreeing to these Terms, which establishes a contractual relationship between you and Nexar. If you do not agree with these Terms, do not access or use the App. These Terms constitute the entire agreement between you and Nexar and supersede any prior agreements. These Terms and the associated version of the App are not intended for use outside of the United States.
PLEASE NOTE THAT WE DO NOT PROVIDE WARRANTIES FOR THE SERVICES, AND THESE TERMS LIMIT OUR LIABILITY TO YOU. SEE SECTIONS 9 (NO WARRANTY) AND 10 (LIMITATION OF LIABILITY) OF THESE TERMS FOR ADDITIONAL INFORMATION.
IMPORTANT: THESE TERMS INCLUDE, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
1. 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 App thereafter. Your continued use of the App following the posting of the revised Terms means you accept and agree to the changes. Accordingly, we recommend that you check for updates to these Terms on an ongoing basis. If we make any material changes to these Terms, we will notify you, either via the App or by email to the address associated with your account, where such notice is required by applicable law.”
2. Use of the App
When you download the App onto your smartphone, we collect personal information such as your name, email address, telephone number and home address. You agree to keep such information accurate, complete and up-to-date. Your failure to maintain accurate, complete and up-to-date information may result in your inability to use the App or Nexar's termination of this agreement with you. You are fully responsible for all activity that occurs through the App on your device.
You must be at least 18 years old or the legal driving age in your jurisdiction to download and use our App. By using the App, you warrant that you are 18 years or older and understand your obligations under these Terms.
You agree to comply with all applicable laws and regulations when using the App, and you may only use the App for lawful purposes.
3. Software License
Software may be downloaded onto your smartphone to access our App. We reserve all other rights to the software. We may automatically check your version of the software and may automatically download new versions of the software to your device.
Any software provided to you is licensed, not sold. You have the right to use the software to access the App, subject to the conditions and limitations set out in these Terms. The license only authorizes use of one copy of the software on your device. You have no right to sublicense, copy, transfer, modify or make derivative works of the software. Unless we notify you otherwise, the software license ends when your use of the App ends. You must then promptly uninstall the software, or we may disable it. You must not work around any technical limitations in the software.
4. Our Proprietary Rights
As between Nexar and you, Nexar or its licensors own and reserve all rights, title and interests in and to the App and all hardware, software and other items used to provide the App, other than the rights explicitly granted to you to use the App in accordance with these Terms. No title to or ownership of any proprietary rights related to the App 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 App (including, without limitation, regarding modifications, enhancements, improvements or other changes to the App) (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 any portion of the App; (ii) reproduce, modify, distribute, sell or lease any part of the services provided by our App; or (iii) reverse engineer or attempt to extract the source code of any software we provide, unless applicable laws prohibit these restrictions or you have our written permission to do so.
5. User-Provided Content
The App permits you to upload video and other content to Nexar (“User Content”). You retain ownership of any such User Content. However, by providing us with the User Content, you grant Nexar a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of or distribute in any manner such User Content, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that neither the User Content nor your submission, uploading or otherwise making available of such User Content or Nexar's use of the User Content as permitted herein will infringe, misappropriate or violate a 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 agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive, as determined by Nexar in its sole discretion, whether or not such material may be protected by law. Although we are not required to do so, we may access, review and delete User Content at any time, including to assess whether it violates these Terms.
We reserve the right to store incidents and time-lapse photography indefinitely in order to support the ratings assigned to drivers' license plate numbers. Although App users and non-user drivers may request deletion of data, the actual video and related data analyzed to assign a rating will be retained in de-identified form – i.e., any link to the user or to the information specific to the user that recorded them, including GPS, will be deleted.
6. Data Charges & Text Messages
You are responsible for any mobile charges that you may incur for using our App. If you are unsure what those charges may be, you should consult your service provider before using the App.
By downloading the App, you agree that Nexar may send you informational text (SMS) messages as part of the normal business operation of your use of the App. You may opt out of receiving text (SMS) messages from Nexar at any time by texting the word STOP to XXXXX from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the App.
7. Suspension and Termination of Use of the App
We reserve the right to suspend or terminate your access to the App 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 App due to: (a) an actual or suspected violation of these Terms; (b) use of the App in a manner that may cause Nexar to incur legal liability or disrupt others' use of the App; (c) the suspicion or detection of any malicious code, virus or other compromise of the security of the App 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 the App, Nexar will use commercially reasonable efforts to notify you through the App or by email to the email address you provided when downloading the App. You acknowledge that if your access to the App is suspended or terminated, you may no longer have access to the data that are stored through the App.
8. Updates to the App
Nexar reserves the right, in its sole discretion, to make any necessary unscheduled changes, updates or enhancements to the App at any time. We may add or remove functionalities or features, and we may suspend or stop providing the App altogether.
9. No Warranty
NEXAR PROVIDES THE APP “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 APP 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.
10. 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 APP WILL BE LIMITED TO THE GREATER OF USD 100 OR THE AMOUNT YOU PAID NEXAR, IF ANY, IN THE LAST 12 MONTHS. 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 AN EVENT, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY 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 App, (ii) your violation of these Terms, or (iii) your violation of any 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.
12. Governing Law
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. .
13. Arbitration & Class Action Waiver
By agreeing to these Terms, 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 we intend that this Section 13 satisfies 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”).
ARBITRATION OF YOUR CLAIM IS 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 AAA, at 335 Madison Avenue, New York, NY 10017 or 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 App or of these Terms. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
14. Jurisdiction & Injunctive Relief
Subject to the provisions of Section 13 (Arbitration and Class Action Waiver), you and we 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 13, 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 empaneled and determine whether such relief should continue.
15. 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.
16. 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 App without our written permission.
17. Contact Us
If you have any questions about these Terms, please contact us by email at email@example.com by mail at 69 Charlton St, New York, NY 10014.
Last Updated: May 9, 2017
Our goal at Nexar is improving driver safety. Our hybrid community-driver computer setup provides users of our mobile application (the “App”) with insights and alerts about surrounding cars and empowers users to provide feedback and alerts to other drivers on the road.
Collection & Use of Information
We collect and use information in several different ways.
Information You Provide
When you use our App, we collect the information that you choose to share with us. For example, when you download the App onto your smartphone, we collect Personal Information (information that reasonably can be used to identify you as an individual) such as your name, email address, telephone number and home address). Similarly, when you contact us, we will collect whatever information you provide.
Nexar enables you to use your mobile telephone to record the actions of other drivers, including the license plates, types and models of the cars being recorded, as well as signs and other surrounding road objects. When you open our App and begin driving, video footage will be recorded. You can terminate any recording by closing the App or pressing “end ride.”
If you experience a notable traffic incident recorded through your use of the App (such as someone cutting you off or causing an accident), you can alert Nexar that we should review the video capturing the event. We may also utilize auto-detection, including through the use of “machine vision” and “sensor fusion,” to identify traffic law violations (such as a car in the middle of an intersection despite a red stop light). Such auto-detected events will appear in your history. Finally, time-lapse images will automatically be uploaded.
Auto-detection also includes monitoring of your own driving behavior.
Upon learning of a traffic incident (from you directly or through auto-detection of events), we will analyze the video to identify any well-established traffic law violations, such as vehicle accidents. Our analysis will also take into account road conditions, topography and other local factors. If such a violation occurred, it will be used to assign a rating to the license plate number of the responsible driver. You and others using our App who have subsequent contact with that vehicle will be alerted of the rating (but not the nature of the underlying incidents that contributed to the other driver's rating).
Please note that although Nexar will receive, through video from App users, license plate numbers of the observed vehicles, we will not know the recorded drivers' names or attempt to link license plate numbers to individuals by accessing state motor vehicle records or other means. Nor will we utilize facial recognition software or other technology to identify drivers whose conduct has been recorded.
We also collect and automatically upload data concerning your and surrounding vehicles' movement and velocity that, in the event of an accident while the App is in use, could be used to assist in re-creation of the incident.
Additional Information We Collect
Nexar uses the information we collect about you for a variety of business purposes, including:
Sharing of Information
We may disclose the information we collect to third parties:
We may also share ratings or use Personal Information we collect regarding our users to advise insurers for purposes their underwriting or other evaluation, but always in compliance with all applicable laws and with the agreement of the user.
We do not collect Personal Information about individual users' online activities over time and across different websites or online services and therefore do not respond to Do Not Track (“DNT”) signals. Nor do we knowingly authorize third parties to collect Personal Information about individual users' online activities over time and across different websites or online services.
We use commercially reasonable methods consistent with applicable laws that are intended to safeguard your Personal Information. No data transmission over the Internet can be guaranteed to be totally secure, however. Although we take steps to secure the information you provide to us, we cannot guarantee the security of any information you transmit to us or that we retain. You use the App, and provide us with Personal Information, at your own risk.
Access to, and Deletion of, Your Information
The accuracy of your Personal Information is important to Nexar. If you wish to verify, modify or delete any of the Personal Information you have provided to Nexar, please contact us as directed below. We reserve the right not to agree to any such request if we deem it burdensome or otherwise injurious or inappropriate, except to the extent required by applicable law.
If you wish Nexar to remove our records (rating and log of incidents) associated with your vehicle's license plate number, we will do so upon receipt of authentication of your identity as its registered owner. We will retain a record of your request with sufficient information to demonstrate that the data were appropriately deleted but will otherwise delete the authentication evidence once your request has been processed. Video of the underlying incidents and related data will no longer be associated with any particular vehicle or user but may not be deleted due to the difficulty and burden in making any such attempt. If a license plate record is deleted, Nexar may identify that associated license plate number as one for which an owner has requested removal of his or her rating.
Retention of Your Personal Information
Information from Children under Age 13
Nexar does not knowingly solicit or collect Personal Information from anyone under the age of 13 through our App. If you are under 13, please do not attempt to download our App or provide us with any information. In the event we learn that we have collected Personal Information from a child under age 13, we will delete that information.
In the event another entity merges with or acquires Nexar or substantially all of its assets, your Personal Information may be transferred to that successor or acquiring entity. A court also may order the sale of Personal Information as an asset in a bankruptcy or similar insolvency proceeding.