Effective as of 11th September 2018
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.
These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Currux Vision Corp.. 1. Definitions
'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.
'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:
(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
(B) Apple and Android Devices
6. Third-Party Services
- send or otherwise post unauthorized commercial communications (such as spam) through Vision;
- collect Users' content or information, or otherwise access Vision using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
- upload viruses or other malicious code;
- bully, intimidate, or harass any other User;
- 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;
- 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;
- take any action creating a disproportionately large usage load on our servers unless expressly permitted by Currux;
- create more than one account or share your account with anyone;
- post or transmit content that is misleading.
- 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;
- encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through Vision;
- post or transmit hyperlinks to other websites that violate these Terms;
- facilitate or encourage any violation of these Terms.
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.
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
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.
7.8 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.
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.
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
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.