Terms of Service

Last update: May 29, 2020

Thanks for using our auto safety products and services ("Services"). The Services are provided by Autokit, Inc. ("Autokit", "We", "Our", or "Us"), a corporation organized under the laws of the state of Delaware, United States. By using our Services, you are agreeing to these terms.

1. Introduction

You agree that by clicking “Sign In” or similar, registering, accessing or using our services, you have read our disclaimer and are agreeing to enter into a legally binding contract with Autokit. If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign In” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services. This Contract applies to Autokit apps, hardware and other services that state that they are offered under this Contract (“Services”). This Contract applies to all registered Users.

2. Obligations

2.1 Service Eligibility

The Services are not for use by anyone under the age of 16. To use the Services, you agree that: (1) you must be the "Minimum Age" (described below) or older; (2) you must possess a valid driver license and proof of insurance; (3) you will only have one Autokit account, which must be in your real name; and (3) you are not already restricted by Autokit from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16. “Minimum Age” means 16 years old. However, if law requires that you must be older in order for Autokit to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

2.2 Your Account

Users are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; and (3) follow the law and our Basic Rules and other Policies. You are responsible for anything that happens through your account unless you close it or report misuse. As between you and others, your account belongs to you.

3. Rights and Limits

3.1 Your License to Autokit

As between you and Autokit, you own the collected data from your vehicle and you as a driver, and you are only granting Autokit the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify and process information you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

• You can end this license by closing your account.
• You and Autokit agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including app settings).
• By submitting suggestions or other feedback regarding our Services to Autokit, you agree that Autokit can use such feedback for the purpose of improving the Service without compensation to you.
• As necessary for Autokit to provide Services, you grant Autokit a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, worldwide, perpetual license, sublicensable, and transferable license to use, make, have made, execute, reproduce, modify, adapt, perform, import, export, and, make, have made, use, execute, reproduce, modify, adapt, perform, import, and export, your information in connection with the Services.
• The rights you grant in this license are for the limited purpose of operating, providing and improving our Services.

3.2 Disclosure

If required by law or court order, Autokit may cooperate with a party and disclose your information, including account information, video files, and content that you upload, submit, store, send, or receive on or through our Services. Upon receipt of the mandatory disclosure request, Autokit may provide the aforementioned information files, and you will be given advance notice of such request for disclosure as promptly as possible.

3.3 Limits

Autokit reserves the right to limit your use of the Services, including the number of trip recordings. Autokit reserves the right to restrict, suspend, or terminate your account if Autokit believes that you may be in breach of this Contract or law or are misusing the Services (e.g., violating any of the Basic Rules).

3.4 Intellectual Property Rights

Autokit reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

4. Termination

Both you and Autokit may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: de-indentified information collected for the sole purpose of improving the service. Any amounts owed by either party prior to termination remain owed after termination. You can visit send an email to support@autokit.com to close your account.

5. Governing Law and Dispute Resolution

You and Autokit agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Autokit both agree that all claims and disputes can be litigated only in the federal or state courts in Santa Clara County, California, USA, and you and Autokit each agree to personal jurisdiction in those courts.

6. General Terms

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we don't act to enforce a breach of this Contract, that does not mean that Autokit has waived its right to enforce this Contract. You may not assign or transfer this Contract to anyone without our consent. However, you agree that Autokit may assign this Contract to a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

7. Basic Rules

You agree that you will not:

• Create a false identity, misrepresent your identity, create a User profile for anyone other than yourself, or use or attempt to use another’s account;
• Override any security feature or bypass or circumvent any access controls or use limits of the Service;
• Copy, use, disclose or distribute any information obtained from the Services without the consent of Autokit;
• Monitor the Services’ availability, performance or functionality for any competitive purpose;
• Interfere with the operation of, or place an unreasonable load on, the Services;

8. How To Contact Us

If you want to send us notices or service of process, please contact us at: support@autokit.com