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Terms of Use Agreement

Currux Vision Terms of Use Agreement
Effective as of 11th September 2018

This Terms of Use Agreement explains the terms and conditions under which you are able to use the Vision application provided by Currux Vision Corp.. Please read carefully this Terms of Use document, and keep a copy of it for your reference.

By downloading or using Vision mobile application, using our services or accessing any content that is made available by Currux Vision Corp. (Currux) you express your agreement to be legally bound by the terms stated in this document, so please read these terms carefully before using our application as you are entering into a binding contract with Currux Vision Corp., 520 Post Oak Blvd, Suite 260, Houston TX 77027 USA. If you do not agree with (or cannot comply with) the terms and conditions set forth below, do not use or access our application.

Currux reserves the rights to alter its software and services without prior notice. Currux reserves the right to update, modify or amend these Terms of Use Agreement at any time. Continued use of this subscription by you will constitute your acceptance of any revisions to the Terms of Use. Please check this page regularly.

These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Currux Vision Corp..


1. Definitions

1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms of Use Agreement:

'Terms/Agreement' refers to the latest version of this Terms of Use Agreement document.

'App' refers to the mobile application of Currux Vision.

'Content' refers to all images, text, audio and video data or any other information located in Vision.

'Driver' refers to the person using Vision on his or her smart phone while operating a vehicle

'Fleet Manager' refers to the owner of the vehicle which has a Driver using the Vision app.

'Privacy Policy' refers to Privacy Policy document governing the rules of collecting, using and storing information provided by Users.

'Services' refers to the overall functionality of Vision, and availability of the Content provided by Currux and User Generated Content.

'Third-Party' refers to any application, website, natural or legal entity other than Currux or their affiliates.

'User/You' refers to any person or legal entity accessing or using Vision.

'Vision' refers to App, and Services collectively.

'We/Us/Currux' refers to Currux Vision Corp., and its developers and affiliates.


2. Basic Terms and Limitations

You must be over 13 to use the Vision app or website, either as a Driver or a Fleet Manager.

Vision is a smart phone based app which includes an Advanced Driver Assistance System that alerts Drivers to some potentially dangerous situations. It is not an automated driving system and cannot affect how the vehicle responds nor can it substitute for any normal functions ordinarily performed to drive a vehicle. Thus, Drivers should not rely on Vision to assure their driving safety, but need to rely on their safe driving practices - stay alert in all driving conditions and obey traffic rules and regulations.

Vision is a state of the art innovation in smart phone apps, however it cannot and does not guarantee 100% accuracy in the detection of vehicles, pedestrians, or driving lanes or the provision of any related audio or visual warnings. Road, weather and other conditions can adversely affect recognition and response capabilities.

Any conditions that create partial or full blockage of the phone camera's view will result in no or reduced Vision functionality. Always ensure that the phone camera has a clear field of view. Always maintain full concentration on the road at all times including while looking at Vision display.


3. Proprietary Rights

(A) Intellectual property rights

3.1 Unless otherwise indicated, Vision is our proprietary property and all design, schematics, source code, databases, functionality, software, hardware, App designs, audio, video, text, photographs, and graphics in Vision and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition federal and state laws, foreign jurisdictions, and international conventions. The Content and the Marks are provided in Vision "AS IS" for your information and personal use only. Except as expressly provided in this copyright notice, no part of Vision and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to access and use Vision and Content provided by Currux. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on Vision and their Content; distribute, transfer, sublicense, lease, lend or rent Vision or their Content to any Third-Party; reverse engineer, decompile or disassemble Vision; or make the functionality of Vision available to multiple Users through any means.

3.3 Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from the Currux to the User, or from the User to the Currux.

3.4 Nothing in this Agreement shall give to the User or any other person any right to access or use the Source Code or constitute any license of the Source Code.

3.5 We reserve the right to modify, suspend or discontinue, temporarily or permanently, Vision or any Service to which it connects, with or without notice and without liability to you.


(B) Notification of Infringement

3.6 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site's Copyright Agent:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the Site or the App;

  • Your name, address, telephone number and e-mail address;

  • A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

3.7 Our copyright agent can be reached as follows:

Email: admin@currux.com


(C) Third-Party content

3.8 Some content in Vision, such as advertisement, may be provided by a Third-Party. We are not responsible for such content, nor do we monitor or control content provided by a Third-Party.

4. Mobile Application License

(A) Use License

4.1 If you access Vision via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to access, install,use, and display the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

(B) Apple and Android Devices

4.2 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an "App Distributor") to access Vision: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant 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; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

5. Vision Acceptable Use Policy

You agree that you will not misuse Vision. A misuse constitutes any use, access or interference with Vision contrary to its Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of Vision to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Vision, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do any of the following:

  1. send or otherwise post unauthorized commercial communications (such as spam) through Vision;

  2. collect Users' content or information, or otherwise access Vision using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;

  3. upload viruses or other malicious code;

  4. bully, intimidate, or harass any other User;

  5. post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to Third-Parties;

  6. harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying Vision;

  7. take any action creating a disproportionately large usage load on our servers unless expressly permitted by Currux;

  8. create more than one account or share your account with anyone;

  9. post or transmit content that is misleading.

  10. communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;

  11. encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through Vision;

  12. post or transmit hyperlinks to other websites that violate these Terms;

  13. facilitate or encourage any violation of these Terms.

6. Third-Party Services

6.1 The Services may be made available or accessed in connection with Third-Party services and content (including advertising) that Currux does not control. We may also provide you with links leading to the Third-Party. You acknowledge that different Terms of Service and privacy policies may apply to your use of such Third-Party services and content. Currux does not endorse such Third-Party services and content and in no event shall Currux be responsible or liable for any products or services of such Third-Party providers.

6.2 Our Services may be used in connection with Third-Party services such as Facebook, Twitter, Google +, and other. In that sense your interaction with the web site, App, and services is further regulated by the Third-Party's respective terms and privacy policies. Currux is not sponsored, endorsed, organized or in any other way supported by these Third-Parties.

7. Privacy Policy

7.1 In order to provide you our services we require some personal information. The information we collect is necessary to provide our Services, and we do not collect any information which is not strictly required by the nature of the Service. We do not collect information about children under 13, who are not allowed by our policy to use the Vision App. Personal Information which we may collect includes:

• first and last name,

• contact e-mail address,

• IP address,

• payment information,

• physical address,

• credit report,

• driving history,

• vehicle current location

• driving patterns, and

• mobile device location

7.2 We use personally identifiable Information only for the following purposes:

• creating and managing User accounts,

• verifying User's identity,

• processing payments,

• providing and managing Services,

• optimizing your experience

• providing customer support, and

• contact.

7.3 We will collect your location information through our App on a basis of your consent and in the interest of providing our Services. We will only use this information to provide you services which are connected to your location information such as navigation. We may also collect the location of the vehicles for Fleet Manager tracking and management.

7.4 The App can be used to measure a vehicles exact location, driving patterns such as sudden acceleration, sudden stop, time and date of the vehicle use, vehicle use statistics, distance traveled, and other information related to the use of the vehicle. We may use collected information to establish safety profiles, track vehicle location, etc. Access to this information is provided to Currux and to a Fleet Manager and/or Driver. We may sell or otherwise disclose this information to government authorities, banks, credit institutions, insurance agencies and other third parties. You understand and consent to the disclosure of information obtained from Vision and that certain decisions regarding its services can be made using such Information. Transfer of information to third parties shall be governed by statutory limitations and obligations or, in the absence thereof, by data processing agreements dedicated to ensure your privacy and specifying the exact purposes this information may be used. We may offer you services and content including advertising based on the information collected.

7.5 We may keep records of any inquires, questions, complaints or compliments made by you and the response if any. Whenever you contact us, we will collect your name, e-mail address and any additional information which you provide. We will store and use your name and e-mail address only for the purpose of responding to your inquiries and we will remove such Information from our servers as soon as the inquiry is resolved, unless such information is necessary for the purposes listed in article 6.2. Information contained within the inquiry, free from any personally identifiable Information, will be stored on our servers for the purpose of improving our Services and providing the best customer support possible.

7.6 We may contact you using the available contact information provided by you, for any matters relating to the Services or compliance with our Terms, Policies or applicable laws and regulations (Service e-mails). These e-mails do not constitute "unsolicited commercial e-mail advertisements" and you are not able to opt-out of receiving them. We may also inform you through e-mails about promotions, offers, events, surveys and everything else in connection with our business, and our affiliates (Promotional e-mails). You can choose not to receive these e-mails by following the opt-out procedure described in the e-mail.

7.7 You consent that we can share your information such as vehicle location to third-parties, including Fleet Managers and authorized authorities, and we may share other Information you provide to us to Fleet Managers in order to provide you our App services or comply with your requests. We will never share more information than required to Third-Parties. We use collected Information for our internal and marketing purposes, as necessary by the nature of the services, and only in accordance with this Privacy Policy. In some instances, we are obliged to comply with court orders and government requests and provide Information or parts of it to authorized bodies.

7.8 We endeavor to maintain appropriate physical, procedural and technical security with respect to the collected information so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal information which also applies to our disposal or destruction of personal information. We keep the personal Information we collect about you strictly confidential.

7.9 Collection and Use of Non-Personally Identifiable Information

We may collect non identifiable analytics data through cookies or third party services. We use such information to provide and improve our Services, customize services for you, better understand our Users, diagnose and fix problems, etc.

7.10 Cookies and similar technologies

  • Cookies help us optimize and improve the user experience of the Platform by helping us deliver crucial functionalities. The cookies we use may vary over time as we continuously update and improve our Site.

  • By visiting the Platform we may use cookies to store some non-identifiable Information in your browser regarding your computer or mobile device and your activities in order to help improve the User experience. Users can deny access to cookies through their browser settings.

7.11 Third Party Websites, Services, and Cookies

  • The Platform or e-mails may contain links to other external websites that do not fall under our domain. We are not responsible for the privacy practices or the content of such external websites. If you choose to follow such links to external websites, you do so at your risk.

  • We may use third party services like Google Analytics and other. Cookies from such services are used to collect data for statistical reports.

  • Third-party vendors, including Google, use cookies to collect anonymous statistical data. Any data collected will be used in accordance with our Privacy Policy and Google's privacy policy. Users may opt out of Google's use of Google Analytics by visiting the Google Analytics Opt-out Page. Users may opt out of third-party vendor use of cookies by visiting the Network Advertising Initiative Opt-out Page. http://optout.networkadvertising.org/#/.

  • All payments on the Site are conducted through third party service provider Stripe Inc. You hereby understand that by making purchase through our Site and Application your personal information is being processed and handled in accordance with Stripe's privacy Policy available here https://stripe.com/us/privacy.

7.12 Changes to the Privacy Policy

We reserve the right to change our Privacy Policy at any time pursuant to notification through available e-mail address. The current version of Privacy Policy is available on the Site, indicating the effective date. You are encouraged to periodically check our Privacy Policy.

8. Indemnity

You will indemnify and hold harmless Currux, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.

9. Disclaimer

9.1 Currux does not make any warranty, express or implied, or assumes any legal liability or responsibility neither for the accuracy, completeness, reliability or usefulness of Vision, nor for any effects or consequences of its use.

9.2 Users understand and agree that it is their responsibility to use the vehicles in a safe manner and to always pay attention to the road and traffic conditions. Vision may not be used to replace, substitute, or complement Driver's due diligence nor any on board safety or assistance systems.

9.3 Vision performance is dependent on the vast number of conditions such as the specifications of the device, calibrations, GPS signal, whether conditions, road visibility, curvature, and conditions of road markings, presence of other traffic, speed of the vehicle and device positioning. Currux does not make any warranty that Vision will function properly even in the most ideal conditions.

10. Limitation of liability

10.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE CURRUX SERVICE IS TO STOP USING THE CURRUX SERVICES.

10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CURRUX, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE CURRUX SERVICES, THIRD-PARTY APPLICATIONS OR THIRD-PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE, REGARDLESS OF LEGAL THEORY, EVEN IF CURRUX HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.3 CURRUX, IT'S EMPLOYEES, AGENTS, AND ITS DIRECTORS DO NOT ACCEPT ANY LIABILITY AND YOU HEREBY AGREE TO RELEASE US OF ANY LIABILITY ARISING (WHETHER DIRECTLY OR INDIRECTLY) OUT OF THE INFORMATION PROVIDED THROUGH THE SITE, OR ANY ERRORS, IN OR OMISSIONS FROM INFORMATION ON THE SITE. CURRUX IS NOT LIABLE FOR LOSS (WHETHER DIRECTLY OR INDIRECTLY) CAUSED BY YOUR ACTIONS OR DECISIONS BASED ON YOUR RELIANCE ON THE INFORMATION PROVIDED TO YOU THROUGH THE SITE, NOR CAUSED BY THE DELAY, MALFUNCTION OF THE OPERATION OR THE AVAILABILITY OF THE SITE.

10.4 CURRUX DOES NOT GUARANTEE THAT THE INFORMATION ON THE SITE AND APP IS CORRECT. ALL INFORMATION ON THE SITE IS STRICTLY FOR ENTERTAINMENT PURPOSES AND SHOULD NOT BE CONSIDERED AS AN ADVICE, RECOMMENDATION OR SUGGESTION OF ANY KIND.

11. Changes

Currux may make changes or replace our Terms of Use Agreement at any time. We will post such changes, replacements and updates on the Site and such change, replacement and update to our Terms of Use Agreement will take effect immediately upon posting. You are consenting to keep yourself up to date with the latest posted Terms of Use Agreement and you accept and are bound by such change, replacement and update if you access or use our service after we have posted updated Terms. The Terms of Use Agreement applies regardless from which operating system you access Vision.

12. Governing Laws and Choice of Forum

This Agreement shall be governed by and construed under the laws of the State of Texas, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed Texas by Texas residents. You agree that if you have any dispute with Currux you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the courts of Huston, Texas.

13. Final Provisions

If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.