Last Updated: July 11, 2017
These Terms are a legal agreement between CarAssist (“our” and “we”) and you (also referred to as “your”) that governs the CarAssist App including all Updates (defined in Section 2 below), related documentation, and information and content provided by CarAssist through the application (collectively, the “App”). The App is a mobile application designed to connect a mobile device to a CarAssist DVR (“DVR”) in order to control the DVR and to remotely capture and access both live and recorded videos (“Content”).
1. Account Registration. In order to use the App you will need to log-in to the App with a user account that you register for through the site or with your user account credentials from another website that we designate, such as Facebook (“Account”). You agree to provide current, complete, and accurate Account information when you register for an Account. You agree to keep your log-in information confidential and not authorize any third party to use it or your Account. You agree that we may attribute all use of your Account to you, and that you are responsible for all activities that occur under your Account. Depending on your Account type or other criteria, your Account may not have full access to all features or functionality available through the App. You agree not to attempt to access any (if any) restricted features or functionality.
2. Updates. If CarAssist provide updates, supplements, or add-on components to the App after you download it (collectively, “Updates”), these Terms will apply to the Updates unless CarAssist provides additional terms along with the Update (“Additional Terms”), in which case those Additional Terms will apply to the Update. You agree that CarAssist may automatically check your version of the App and send Updates to the App and may release subsequent versions of the App and require you to the use the most current version. CarAssist reserves the right to discontinue your access to the App or to any Content.
4. License to Use of the App. Conditioned on your compliance with these Terms, CarAssist grants you a limited, personal, non-exclusive and nontransferable license to download, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you solely in connection with your operation of DVR(s) owned by you or by a third party that has authorized your access to the DVR(s) through the owner’s use of the App.
5. License Restrictions. The license granted in Section 6 is conditioned on your compliance with the following:
a. You must not attempt to work around, disable, bypass, modify, or defeat any technical limitations in the App or to use the App in an attempt to, or in conjunction with any device, program or service designed to circumvent any security features or any technical measures employed to control access to, or the rights in, a content, file or other work;
b. You must not reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the App, except and only to the extent that applicable law expressly permits, despite this limitation;
c. You must not download or copy the App, except as expressly permitted in Section 4;
d. You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, perform, display, broadcast, transfer, exploit, or otherwise make available the App or any features or functionality of the App to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
e. You must not modify or make any derivative works of the App, in whole or in part;
f. You must not remove any proprietary notices or labels on the App or any copy thereof;
g. You must not use the App in, or in association with, the operation of any hazardous environments or systems, including any aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments;
h. You must not to interfere, with the proper functioning of the App or use it, as a platform for external applications; to develop applications, services, websites; or any other functionalities that leverage the App or any portion thereof;
i. You must not make any use of the App in any manner not permitted by these Terms or the documentation; and
j. You must use the App in compliance with all applicable laws. ATTENTION: IT IS ILLEGAL IN MANY JURISDICTIONS TO RECORD AN AUDIO CONVERSATION WITHOUT THE CONSENT OF ALL INDIVIDUALS. YOU MUST COMPLY WITH ALL LAWS WHEN USING THE APP.
6. Your Content. You are solely responsible for all Content that is uploaded, posted, emailed, transmitted, shared, or otherwise disseminated using, or in connection with, the App and your Account (“Your Content”). CarAssist does not claim ownership of Your Content. You grant to CarAssist and its affiliates and service providers a worldwide, royalty-free, transferrable, sub-licensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, and translate Your Content (and derivative works thereof) in connection with the operation of the App. You represent and warrant that you have the rights necessary to grant the rights in this Section and that Your Content does not infringe the rights of CarAssist or any third party or violate any agreement with or policy of CarAssist or any applicable law. If CarAssist suspects violations of the foregoing, CarAssist may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators.
7. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest or other rights to the App other than the right to use the App in accordance with the license in Section 4. CarAssist reserves and retains its entire right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property and proprietary rights therein or relating thereto.
8. App Availability and Support. CarAssist has no obligation to and may not provide support in relation to the App or your Account. CarAssist does not guarantee availability of the App or your Account and your access is permitted only if and when they are available. Your use of the App and access to your Account may occasionally be restricted for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, CarAssist reserves the right to suspend your Account, your use of the App, and discontinue your access to Your Content provided or made available to you through the App at any time without notice.
9. Termination. You may terminate your Account or your use of the App at any time. CarAssist reserves the right to terminate your Account and these Terms and to suspend or terminate the App or your access thereto at any time with or without prior notice.
10. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY PROVIDED WITH ANY DVR YOU MAY PURCHASE, CarAssist DOES NOT MAKE ANY OTHER AND DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, INCLUDING ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, CarAssist HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE APP WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, OR SECURE BASIS; WILL BE ACCURATE, COMPLETE, RELIABLE, OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; BE ERROR FREE OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS; PROVIDE SAFETY, PRIVACY, OR SECURITY; OR PREVENT OR MINIMIZE THEFT, PROPERTY DAMAGE, OR INJURY.
11. DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT WILL CarAssist BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES TO OR FOR LOSS OF DATA OR PRIVACY, REVENUE, PROFITS, OR PROPERTY (INCLUDING BUILDINGS, WIRING, FIXTURES, DEVICES, COMPUTERS, PERIPHERALS, AND ANIMALS) OR FOR INJURY OR DEATH, ARISING FROM OR RELATING TO THESE TERMS, YOUR ACCOUNT, OR THE APP.
12. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 12, CarAssist’S MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCOUNT, OR THE APP WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE FIRST DVR THAT YOU CONNECTED TO THE APP.
13. Independent Remedies.
The disclaimer and limitation of warranties and the exclusion of damages under Sections 10 and 11 are independent of your exclusive remedies in these Terms and the disclaimer and limitations of warranties and exclusion of damages survive even if the exclusive remedies fails of their essential purpose or otherwise are deemed unenforceable. Each of the limitations in Sections 11 and 12 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
You agree to defend, indemnify, and hold CarAssist, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) Your Content, your use of the App, and activities occurring under your Account; (b) any violation of these Terms; or (c) your violation of any other party’s rights or applicable law. CarAssist reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with CarAssist in asserting any available defenses.
15. Governing Law. These Terms are governed by applicable laws, without reference to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or to the transactions contemplated by these Terms.
16. General. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and CarAssist intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and CarAssist agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely. CarAssist may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the App, or under these Terms. If, at any time, CarAssist fails to respond to a breach of these Terms by you or others, that failure will not waive CarAssist’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on CarAssist if it is in writing and signed by CarAssist. These Terms (including Additional Terms and any incorporated terms or policies) constitute the entire agreement between you and CarAssist with respect to your Account and the App. Both you and CarAssist warrant to each other that, in entering these Terms, neither CarAssist nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and CarAssist, or CarAssist’s successors and permitted assigns, will have any right to enforce any of these Terms.
1. INFORMATION SHARING
1.2 Disclaimer. We cannot ensure that all of your personal information will never be disclosed in ways not otherwise described in this Policy.
2. THIRD-PARTY PROVIDERS
2.2 Tencent Bugly Analytics. We use Bugly, a third-party crash analytics provider, to collect information about crash and the users of the Services.