DriveScape Terms of Service
BY USING THE DRIVESCAPE DEVICE OR CLICKING AGREE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE DRIVESCAPE. IN ORDER TO USE THE DRIVESCAPE SERVICE AND DEVICE, THE DRIVER MUST HAVE THE POWER TO ENTER A BINDING CONTRACT WITH CAMBRIDGE MOBILE TELEMATICS, INC. AND NOT BE BARRED FROM DOING SO UNDER ANY APPLICABLE LAW. DRIVER ALSO REPRESENTS THAT ANY INFORMATION THAT IT SUBMITS TO CAMBRIDGE MOBILE TELEMATICS, INC. IS TRUE, ACCURATE, AND COMPLETE. DRIVER MUST BE 18 OR OLDER.
This agreement is between Cambridge Mobile Telematics, Inc., located at 314 Main Street, Cambridge, MA 02142, USA, a Delaware Corporation (CMT), and the individual driver entering into this agreement (Driver). The DriveScape device (Device) is owned by CMT and leased to Driver under the terms below.
1. SCOPE AND DRIVESCAPE SERVICES.
DriveScape Technology that Works Together.
a) This agreement describes the use of the Device and the connected backend web-based data service which processes the video, audio, and other data and files from the Device (collectively, DriveScape Services).
b) The Device collects and processes telematics data (such as location data, hard braking, harsh acceleration, trip data, and crash detection) and transmits such data to CMT.
c) The Device collects audio and video files and associated data and transmits such data and content to CMT.
e) There is no mobile app for the management of the DriveScape Service.
Connectivity.The Device uses cellular connectivity to transmit data and files to the CMT backend web service provided as part of the DriveScape Service.
Content.The Device provides features that record, and allow the sharing of video or audio files (Content). The operation of this feature is described in the DriveScape technical documentation. Driver is solely responsible for all Content. Neither CMT nor the DriveScape Service monitor, filter or approve any Content. CMT is not responsible for the appropriateness, accuracy, usefulness, safety, or intellectual property rights of or relating to any Content.
Compliance and Responsibilities regarding Privacy of Videos and Audio Recordings. Privacy and other laws applicable in Driver’s jurisdiction may impose certain responsibilities on the Driver and its use of the DriveScape Service. The Driver is responsible (and not CMT) to ensure that it complies with any applicable laws when using the DriveScape Service, including without limitation:
a) any laws or regulations relating to the recording or sharing of video or audio content,
b) any laws or regulations requiring that notice be provided to, or that consent be obtained from, third parties with respect to Driver’s use of the DriveScape Service (for example, laws or regulations requiring you to display appropriate signage advising others that an audio/visual recording is taking place), and
c) any laws or regulations requiring that installation of any product which takes visual or audio recordings be installed at such an angle that it does not take any recordings beyond certain boundaries.
2. DEVICE TERMS.
a) The Device is provided with the Hertz vehicle, and CMT retains all right, title and interest to the Device, including without limitation any firmware installed on the Device.
b) Driver agrees that portions of the firmware, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of CMT and its licensors. Driver may not remove any firmware from the device or use it without the Device.
c) Driver assumes all risk of loss to the Device and must return the Device with the vehicle to Hertz.
THE CRASH DETECTION FEATURE IS NOT AN EMERGENCY SERVICE PROVIDER AND DOES NOT REPLACE CONTACTING EMERGENCY SERVICES, AS THIS SERVICE IS AN ADDITIONAL SAFETY SERVICE PROVIDED BY PRIVATE PARTIES. NO CRASH DETECTION SYSTEM CAN ACCURATELY DETECT ALL SIGNIFICANT CRASHES, AS THE DETECTION TECHNOLOGY DEPENDS ON TELEMATICS INDUSTRY STANDARDS. THE CRASH FEATURE WILL NOT TRIGGER ON ALL CRASHES. THE CRASH FEATURE MAY NOT OPERATE IF THERE IS NO OR A WEAK CELLULAR SIGNAL, IF THE DEVICE IS LOOSE, IF THE DEVICE IS POWERED OFF, OR IF THE DEVICE HAS INSUFFICIENT BATTERY ENERGY. THE DRIVESCAPE SERVICES ARE PROVIDED AS IS WITH ALL FAULTS. CMT DISCLAIMS ALL WARRANTIES, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. DRIVER UNDERSTANDS THAT THE DRIVESCAPE SERVICE MAY NOT BE ERROR-FREE AND USE MAY BE INTERRUPTED.
4. CMT PROPERTY AND PROHIBITED ACTIVITIES.
CMT Property. CMT retains all right, title and interest to the DriveScape Services and the dashcam device, and the device is leased to the Driver under these terms. The DriveScape Services are protected by applicable copyright and other intellectual property laws. Driver may not remove any product identification, copyright, trademark, or other notice from the Device. CMT reserves all rights unless expressly granted in this agreement.
Prohibited Activities. Driver may not: (a) make available copyrighted material through the DriveScape Service that it does not own or that it does not have the legal right to distribute, display and otherwise make available to others; (b) reverse engineer, disassemble or decompile any part of the DriveScape Service or interfere with or hack or attempt to interfere with or hack any DriveScape Service, except to the extent allowed by applicable law despite this limitation; (c) misrepresent the source, identity, or content of information transmitted through the DriveScape Service; (d) use the DriveScape Service for any unlawful purpose or in violation of any applicable law or regulation; (e) operate the DriveScape Service other than in accordance with its technical documentation; or (f) use the DriveScape Services to advertise any product or service that is prohibited or regulated by applicable laws or regulations, or to engage in any false or misleading or otherwise unlawful or objectionable advertising practice.
5. TERM AND SUSPENSION.
Term. This agreement continues until the vehicle has been returned to Hertz. This agreement will automatically terminate if the Driver breaches any term.
Suspension of Service for Violations of Law or this Agreement. CMT may immediately suspend any part of the DriveScape Service and remove any Content if CMT believes, in its reasonable discretion, that, as part of using the DriveScape Service, Driver may have violated a law or any part of this agreement.
6. LIABILITY LIMIT.
Exclusion of Indirect Damages. To the maximum extent allowed by law, CMT is not liable for any indirect, special, incidental, or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of or unauthorized access to content or data; and lost profits, revenue, or anticipated cost savings), even if it knows of the possibility of such damage or loss or if the damage or loss is foreseeable.
Total Limit on Liability. To the maximum extent allowed by law, CMT’s total liability arising out of or related to this agreement (whether in contract, tort, or otherwise) does not exceed $100. Consumer Law Notice. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. Driver may have additional consumer rights under local law.
7. GOVERNING LAW AND FORUM.
This agreement is governed by the laws of the Commonwealth of Massachusetts (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement. Any suit or legal proceeding must be exclusively brought in the federal or state courts for Suffolk County, Massachusetts, and the Driver submits to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.
8. GENERAL DRIVER INDEMNITY.
If any third party brings a claim against CMT related to Driver’s use of the DriveScape Services or any data or content captured or processed using the DriveScape Service, Driver must defend, indemnify, and hold harmless CMT from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
9. OTHER TERMS.
Entire Agreement and Changes. This agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. Each party is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise, or inducement not included in this agreement is binding. No modification of this agreement is effective unless both parties sign it. No waiver is effective unless the party waiving the right signs a waiver in writing. No Assignment. Neither party may assign or transfer this agreement to a third party, except that the agreement may be assigned, without the consent of the other party, as part of a merger or sale of all or substantially all the businesses or assets of a party. Independent Contractors. The parties are independent contractors with respect to each other and neither party may act as an agent of the other party.
Enforceability and Force Majeure. If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Neither party is liable for its non-performance due to events beyond its reasonable control and whether foreseeable or not, including but not limited to natural weather events and disasters, labor disruptions, disruptions in the supply of utilities, and public Internet failures. Money Damages Insufficient. Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.
Survival of Terms. Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement will survive (including, without limitation, the confidentiality terms, device terms, limitation of liability, etc.).
Export Compliance. Driver must comply with all applicable export control laws of the United States, foreign jurisdictions, and other applicable laws and regulations. Feedback. If the Driver provides feedback or suggestions about the DriveScape Service, then CMT (and those it allows to use its technology) may use such information without obligation to the Driver.
Open-Source DriveScape Device Licenses. The Device may contain embedded open-source components, which are provided as part of the DriveScape Service and for which additional terms may be included in the technical documentation.