1.1 The following terms and conditions govern your use of this Application (as defined below). Your installation or use of any aspect of the Application indicates your understanding of and agreement to these terms and conditions (the “Agreement”). If you do not agree, you are not authorized to use the Application. Please email us at email@example.com if you have any questions about the Application or about these Terms of Service.
2.1. The "Application" means the software and services provided by Zed Connect Inc.., its subsidiaries, divisions, related companies, successors and assigns (“Zed Connect Inc.”) to you hereunder, and downloaded or used by you to offer you information, services and products, along with any updates and upgrades provided to you from time to time, and any other software or documentation from Zed Connect Inc. that enables installation or use of any of the foregoing. The latter are also subject to this Agreement unless they are accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern.
3. DATA COLLECTION AND PRIVACY
3.1. You represent and warrant to Zed Connect Inc. that (1) you have the legal right and authorization to provide all Data to Zed Connect Inc. for the purposes and Zed Connect Inc. use as set forth herein, and (2) if you are not the owner of the equipment, you have obtained written authorization and consent from the equipment owner to provide the Data to Zed Connect Inc. for the purposes and Zed Connect Inc.’ use as set forth herein. You agree to defend, indemnify, and hold Zed Connect Inc. harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by Zed Connect Inc. arising out of (a) your breach of any terms and conditions of this Section 3, and (b) any Data you provide to Zed Connect Inc. or otherwise collect or process using the Application.
3.2. You acknowledge and agree that Zed Connect Inc. may, from time to time, collect, use and maintain on its servers certain logging, GPS location and other information about or from any equipment that you are monitoring through the Application. The data collected by Zed Connect Inc. through the Application includes location coordinates that are collected, messages you send, documents you upload, profile information and anything else you enter or upload into the Application. All data collected by Zed Connect Inc. through the Application is collectively referred to herein as “Data”.
3.3. Zed Connect Inc. may use the Data before and after the term of this Agreement to facilitate the provision of software updates, product support, and other products and services related to the Application to you and other customers. Zed Connect Inc. may also use the Data before and after the term of this Agreement for any other commercial purpose as permitted by applicable law. You further agree and acknowledge that Zed Connect Inc. may, without restriction, transmit Data to Zed Connect Inc. third party designees. Zed Connect Inc. reserves the right to modify the Data and such modified, data shall be owned by Zed Connect Inc.. You assume sole responsibility for your driving logs and for complying with all state and federal regulation including but not limited to FMCSA Hours of Service of drivers.
3.4. The Application enables a commercial motor vehicle driver ("Driver") to connect directly with a motor carrier ("Company"), allowing Drivers to send messages and automatically share their driving logs, documents, location information and other data ("Driver Data") with the Company. When Drivers connect with a Company through the Application, the Company's employees and other third parties who are also connected to that Company ("Fleet Users") may access Driver Data for all Drivers who are connected to that same Company.
3.5. If a Driver connects with a Company, the Driver acknowledges and consents to having its Data automatically shared with that Company and its Fleet Users and that Company and its Fleet Users will be able to send messages to that Driver. Please consider carefully the parties with whom you choose to connect and what you choose to share. Zed Connect Inc.'s role in this process is solely to provide the technology and platform that enables these services. Please see the rest of these Terms of Service, for further specific provisions outlining your responsibility for anything shared through the Application.
3.6. We may collect personal information that can be used to identify you, such as your name and address. For mobile application, if you would like to disable the Application’s ability to collect GPS location, you can turn off the “Share Location” setting under the “Settings” window.
4. PROPRIETARY RIGHTS AND LICENSE; CONDITIONS
4.1. All trademarks, copyright, database rights, and other intellectual property rights of any nature in the Application that are now existing or that hereafter come into existence, together with those of the underlying software code and information provided or generated by the Application are owned either directly by Zed Connect Inc. or its licensors.
4.2. Subject to the conditions set forth below and your payment of all fees (if any), Zed Connect Inc. hereby grants you a non-exclusive, royalty-free, non-transferable, non-sublicenseable, personal license to download and use, on a compatible Apple iOS or Android OS personal device that you own or control, the Application and information provided for your personal use in accordance with this Agreement. All other rights are reserved by Zed Connect Inc. and its licensors. No other express or implied licenses or ownership rights are granted to you.
4.3. You will not, nor allow third parties on your behalf, nor are you granted any right to, (i) make or distribute copies of the Application, rent, lease, sell, or otherwise transfer the Application; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, or translate the Application (except to the extent that any of the foregoing restrictions is expressly prohibited by law); or (iii) create derivative works of the Application. If you sell your mobile device to a third party, you must remove the Application from it before doing so.
- CHANGES; MOBILE PROVIDERS; AVAILABILITY
5.1. Zed Connect Inc. reserves the right to change or withdraw the Application, the form and content of the information provided, and/or this Agreement at any time and for any reason without prior notice except to the extent directly prohibited by the applicable app store through which you purchase or download the Application, including, without limitation, Google Play and iTunes (the “App Store”).
5.2. You acknowledge that the terms of your contract with your respective mobile network provider ('Mobile Provider') will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. Moreover, additional terms, conditions and policies of the App Store may also apply. It is your responsibility to read and comply with them.
5.3. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you represent and warrant that you have received permission from the bill payer for using the Application.
5.4. The Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors beyond Zed Connect Inc.' control. Moreover, neither Zed Connect Inc. nor any of its subsidiaries and affiliates has any responsibility for the availability or unavailability of the Application or information therefrom due to interruption of service, difficulty or inability to download or access content, any bug or virus, or any communication system failure or any factors beyond Zed Connect Inc.’ control.
- LAWFUL AND PROPER USE; INDEMNIFICATION
6.1 You represent and warrant that you will only use the Application for lawful purposes in accordance with all applicable Federal, State, international, and local laws and regulations, and that in the case of Applications that you use to monitor equipment, that you have the right and authority to connect the Application to such equipment and monitor it.
6.2 This application is intended to be launched and used only while the user of the Application is not operating equipment. You agree to use the Application responsibly, and to avoid any interaction with the Application while operating equipment.
6.3 The Application may interact with a Bluetooth adapter through use of a generic password. You acknowledge and agree that it is possible for third parties to bypass the security or otherwise hack into the device for so long as the adapter is attached to the equipment or other equipment. Accordingly, you acknowledge and agree that you will use the device responsibly, and you are solely responsible for the security of the device while in your possession custody or control.
6.4 You agree to indemnify and hold harmless Zed Connect Inc. and its affiliates and its and their officers, directors, employees and agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to your noncompliance with this Agreement or the inaccuracy of any of your representations and warranties in this Agreement.
7. SYSTEM REQUIREMENTS
7.1. In order to use the Application, you are required to have, maintain and update at your sole expense computer equipment, a compatible mobile telephone, or handheld device, internet access, and the necessary ports, adapters, dongles, or other equipment, all of which must meet the minimum specifications prescribed by Zed Connect Inc. from time to time.
7.2. The version of the Application software may be updated or upgraded from time to time to add or change support for new functions and services. Your failure to use an updated or upgraded version could result in a lower quality experience or loss of functionality or access to data.
8.1. Zed Connect Inc. may terminate, modify, or suspend all or part of the Application and related services or your access at any time for any reason without notice and without any liability to you, except that if it does so without cause solely for convenience and you are paying recurring license fees to Zed Connect Inc., Zed Connect Inc. will provide you a pro-rata refund of any such license fees to account for any pre-paid usage for the remainder of the applicable billing term. Otherwise, you will remain liable for all amounts due through the date of termination.
8.2. Upon any termination, the rights and licenses granted to you herein shall terminate; and you must cease all use of the Application immediately.
8.3. Notwithstanding Section 8.2, in the event of termination Zed Connect Inc. may continue to use Data acquired through this Agreement indefinitely, and Data will not be returned to you. Personal information collected pursuant to Section 3.4 may be destroyed or returned to you upon written request or as required by law.
9. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
9.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZED CONNECT INC. OR ANY OF ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS OR LICENSORS, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO THE APPLICATION OR ANY INFORMATION PROVIDED, GENERATED OR TRANSMITTED THROUGH IT, OR ANY FAILURE THEREOF, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFIT, GOODWILL, SALES, SERVICE, TIME, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF NOTIFIED OF THE POSSIBILITY OF A CLAIM FOR SUCH DAMAGES.
9.2. Zed Connect Inc. is not liable for any damage or alteration to equipment including but not limited to computer equipment, handheld device, or mobile telephones as a result of the installation or use or update of the Application.
9.3. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZED CONNECT INC.’ OR ITS SUPPLIERS OR LICENSORS TOTAL LIABILITY TO YOU FOR ALL DAMAGES OR COSTS ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO THE APPLICATION OR ANY INFORMATION PROVIDED, GENERATED OR TRANSMITTED THROUGH IT, OR THE FAILURE THEREOF (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED AN AMOUNT EQUAL TO THE GREATER OF (A) ALL LICENSE OR SIMILAR FEES PAID BY YOU TO ZED CONNECT INC. FOR THE USE OF THE APPLICATION DURING THE 12 MONTHS PRIOR TO WHEN THE CAUSE OF ACTION AROSE; OR (B) FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9.4. YOUR WIRELESS CARRIER, INTERNET SERVICE PROVIDER, THE MANUFACTURER AND RETAILER OF YOUR MOBILE DEVICE OR COMPUTING EQUIPMENT, THE DEVELOPER OF THE OPERATING SYSTEM FOR YOUR MOBILE DEVICE, AND THE OPERATOR OF ANY APPLICATION STORE OR SIMILAR SERVICE THROUGH WHICH YOU OBTAIN THE APPLICATION (COLLECTIVELY, THE “THIRD PARTIES”) ARE NOT PARTIES TO THIS AGREEMENT AND THEY DO NOT OWN AND ARE NOT RESPONSIBLE FOR THE APPLICATION. YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE APPLICATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APPLICATION AND THIS AGREEMENT.
10. WARRANTY DISCLAIMER
10.1 THE APPLICATION AND THE INFORMATION PROVIDED, GENERATED OR TRANSMITTED THROUGH IT ARE MADE AVAILABLE "AS IS" AND WITH ALL FAULTS AND DEFECTS. ZED CONNECT INC. DOES NOT WARRANT THE ACCURACY OF THE INFORMATION PROVIDED OR THAT YOUR USE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. ZED CONNECT INC. AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, WITH REGARD THERETO, INCLUDING ANY WARRANTIES AGAINST INFRINGEMENT OR OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
10.2 Third Party Warranties. Third-party equipment, software and peripheral products are covered by the warranties provided by the original manufacturer or the seller of the product. Third party warranties may vary from product to product. It is your responsibility to consult the applicable product documentation for specific warranty information. In addition, you acknowledge that certain third party equipment or software warranties may limit or void the remedies that they offer if unauthorized persons perform support service on the equipment or software. It is your responsibility to ensure that any impact that Zed Connect Inc.’ delivery of the Application might have on third party warranties is acceptable to you.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. Without limiting the generality of Section 6.1, you agree that you will not use the Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
- GOVERNMENT USE
The Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
- GOVERNING LAW; VENUE
13.1 Except to the extent otherwise required by the agreements and policies of the App Store from which you download the Application, the laws of the State of Indiana, excluding its conflicts of law rules, govern this Agreement. Your use of the Application may also be subject to other local, national, or international laws.
13.2 Except to the extent otherwise required by the agreements and policies of the App Store from which you download the Application or to the extent prohibited by law, any legal action arising out of or relating to this Agreement may be filed only in the state court located in Bartholomew County, Indiana. You irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action, and you waive any jurisdictional, venue, or inconvenient forum objections to such court.
This Agreement does not create any agency, distributorship, employee-employer, partnership, joint venture, or similar business relationship between you and Zed Connect Inc..
- SEVERABILITY; LANGUAGE
15.1 The provisions of this Agreement shall be severable and independent of each other. In the event that any provision shall be determined to be unenforceable in a particular jurisdiction by a court of competent jurisdiction, such determination shall not be deemed to affect the enforceability of any other provision, and any court making such a determination is hereby requested and empowered to modify such provision and to substitute such limitation or provision of a maximum scope as it then deems reasonable and judicially enforceable, and the parties agree that such substitute provision shall be as enforceable in such jurisdiction.
15.2 In the event that a translation of this Agreement is provided to you, the English language version shall be the official version and shall govern if there is a conflict between the two.
- ENTIRE AGREEMENT; CHANGES
This Agreement contains the entire agreement between the parties with respect to its subject matter, other than any additional terms and conditions required by the applicable App Store, and it supersedes all prior writings or agreements thereto. Zed Connect Inc. reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Application. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Application will be deemed acceptance thereof.
Last Modified - January, 2017
© 2017 Zed Connect Inc.. All Rights Reserved.
Effective Date: January, 2017
- INFORMATION THAT WE COLLECT
We automatically collect Telematics Information from engine and related equipment in your vehicle in the course of, or as a result of, the operation or use of this equipment, including:
- Location / geo-location information
- Engine performance data
- Equipment performance data
- Equipment identification information
- Engine and equipment ownership information
- Engine parameters
- Equipment parameters such as DOT number, carrier name, and cycle rule
- Equipment load info such as equipment length, weight, height, and hazardous material status
Please contact firstname.lastname@example.org for more information or details about the Telematics Information we collect.
- HOW WE USE AND SHARE YOUR INFORMATION
We use this Telematics Information to:
- Enable the sharing of data associated with your equipment relating to fault, performance and configuration of engines and other components and assemblies on equipment
- Enable research and development activities associated with the telematics service provider’s products and services or Zed Connect products and services
- Enable Zed Connect to provide certain data analytics, diagnostic, maintenance and repair services relating to engines and related components and assemblies
- Enable telematics service provider to provide additional value added features to our customers
We share your Telematics Information with you (or the applicable customer subscribing to our telematics services), Zed Connect employees, and Zed Connect affiliates and subsidiaries.
In addition to the sharing described elsewhere in this Policy, we will share Telematics Information with companies, organizations or individuals outside of Zed Connect when we have your consent to do so.
Legal Proceedings. We will share Telematics Information with third party companies, organizations or individuals outside of Zed Connect if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
- Enforce agreements between you and Zed Connect, including investigation of potential violations.
- Detect, prevent, or otherwise address fraud, security or technical issues.
- Protect against harm to the rights, property or safety of Zed Connect, our customers or the public as required or permitted by law.
- ACCESS TO YOUR INFORMATION AND CHOICES
You can find out what Telematics Information we have collected from you and still have in our possession by contacting email@example.com. If you have questions about your Telematics Information you can contact your local dealer, contact firstname.lastname@example.org or call us at (888) 315-9788.
- SECURITY OF YOUR INFORMATION
We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your Telematics Information. However, since the Internet and other networks used to transmit and store Telematics Information are not 100% secure environments, we cannot guarantee, ensure, or warrant the security of your Telematics Information. There is no guarantee that Telematics Information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information.
- CONSENT TO PROCESSING OF PERSONAL DATA IN UNITED STATES
If you are a resident of the European Economic Area (EEA), in order to provide our Telematics Services to you, we may send and store your Telematics Information outside of the EEA, including to the United States. Accordingly, your Telematics Information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your Telematics Information. We are committed to protecting the privacy and confidentiality of Telematics Information when it is transferred. Where such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as within the EEA to the extent feasible under applicable law. By using and accessing our telematics services, customers who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of Telematics Information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.
- QUESTIONS AND HOW TO CONTACT US
ZED Connect Inc.
23975 Park Sorrento, Suite 100
Calabasas, CA 91302