Mobile Application End User License Agreement

Welcome to the Ridar Systems community!

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Ridar Systems, Inc. (“Company”). This Agreement governs your use of the Ridar Systems Application, (including all related documentation, the “Application”). The Application is licensed, not sold, to you.

By clicking the “AGREE” button and creating an account, you (a) acknowledge that you have read and understand this Agreement; (b) represent that you are of legal age to enter into a binding agreement (or have your parent’s or legal guardian’s consent for you to use the Application); and (c) accept this Agreement and agree that you are legally bound by its terms.  If you do not agree to these terms, then you are prohibited and must refrain from using the Application.

1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and (b) access, stream, download, and use on such Mobile Device the features, functionality, and content accessible on or through the Application (collectively, “Services”). Services made available in or otherwise accessible through the Application shall be considered part of the Application and your use thereof shall be governed in accordance with this Agreement.
   • Notifications. Our Services may allow you to receive notifications regarding other end user activities (any such other user, a “Passerby”; collectively, “Passersby”) in connection with the Application, including whether such Passerby is nearby. However, there are instances where we may not be able to provide such notifications. For instance, we may not be able to notify you if a Passerby has uninstalled the Application from his or her device or if the Passerby quits the Application completely by forcing it to shut down. You acknowledge and understand that we may not be able to provide such notifications at all times.
   • Beta. Please note that this Application and its functions are still in beta testing, and although the Company endeavors to provide a complete and functional product, nevertheless, some bugs may exist, flows may be incomplete or broken, etc. Please make sure to always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to non-verbally interact with the Application or use the Application in a non-verbal manner for any purpose other than acknowledging notifications/alerts while driving.
2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Application or the Company, you shall not: (a) copy the Application, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application unless Company expressly agrees; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; (f) use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application; (g) use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without Company’s prior written consent; (h) frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service; (i) use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application; (j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or/ (k) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any navigation or communication systems, or any other transport management systems; safety-critical applications, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves and shall retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies, GPS signals, and web beacons) to collect information about your Mobile Device, your surroundings, and your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy Policy at https://ridarsystems.com/privacy-policy/. Features of the Application make use of detailed location information, for example in the form of GPS signals and other information sent by your mobile device on which the Application is installed and activated. These features cannot be provided without utilizing this technology. Company may use this information to improve the quality of the Service and Application it offers to you and to all of its users, to improve the accuracy of its mapping data, and more as described in detail in the Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
5. Geographic Restrictions. The Services are based in the state of Michigan in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
6. Driving/Road Information. ALWAYS REMAIN VIGILANT AND CAREFUL WHEN MOVING CLOSE TO OR IN THE VICINITY OF PEOPLE AND VEHICLES. Always drive vigilantly according to road conditions and in accordance with traffic laws. Any information provided by the Application is not intended to replace information provided or available on the road, such as travel direction, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc.  The information provided by the Application originates from Passersby. Such information may be inaccurate, incomplete or outdated. Company does not provide any warranties to such information’s credibility or reliability.
7. Internet Connection/SMS and Text Notices. The provision of the Services and the Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Application or the Services. To use the Application or Services, you will require Internet connectivity and appropriate telecommunication protocol support from your digital device. Internet connection may be required to use the Application, and any associated charges (e.g. mobile data expenses) incurred by your use of the Application are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Application, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment. By using our Application, you agree that Company may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Application may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update any relevant account information to ensure that your messages are not sent to a person that acquires your old number.
8. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
9. Third-Party Materials. The Application may display, include, integrate with, or make available third-party content (including data, information, applications, and other products, features, services, and/or materials) or provide links to third-party websites not owned or controlled by Company (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
10. Term and Termination.
    • The term of Agreement commences when you install the Application or otherwise acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 10.
    • You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
    • Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    • Upon termination: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
    • Termination will not limit any of Company’s rights or remedies at law or in equity.
11. Disclaimer of Warranties. You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Application, and you further agree and acknowledge that your use of or reliance on the Application is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Application.

THE APPLICATION IS NOT “SAFETY CRITICAL” NOR DOES IT PROVIDE RESCUE OR LIFE SAVING SUPPORT OR OTHER SIMILAR SERVICES. IN AN EMERGENCY DO NOT ATTEMPT TO USE THE APPLICATION TO SEEK SUCH HELP, AS SUCH FUNCTIONALITY IS NOT A PART OF THE SERVICE OR APPLICATION.

THE APPLICATION AND SERVICES ARE NOT GUARANTEED TO OPERATE AT ALL TIMES OR ON ALL DIGITAL DEVICES AND ARE COMPATIBLE ONLY WITH SOME USERS AND, AS APPLICABLE, CERTAIN MOTOR VEHICLES.  COMPANY IS NOT RESPONSIBLE FOR MISUSE, IMPROPER BEHAVIOR, OR NEGLIGENT OPERATION OF OUR APPLICATION.  COMPANY IS NOT RESPONSIBLE FOR ACCIDENTS, INJURIES, FATALITIES OR PROPERTY DAMAGE, IF ANY, RESULTING FROM THE USE OR MISUSE OF OUR APPLICATION OR SERVICES.

THE APPLICATION IS PROVIDED TO END USER “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE ACCURATE (INCLUDING ACCURACY OF ANY PASSERBY DETECTION FUNCTIONALITY), BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.  NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY COMPANY OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE SERVICES, FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; and (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

13. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement.
14. To the fullest extent permitted by applicable law, you release Company from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
15. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
16. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
17. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan, in each case located in Ann Arbor and Washtenaw County, Michigan. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
20. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
21. Amendment. Company may revise this Agreement at any time by posting a new version at its website. Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless You first give Company written notice of rejection of the amendment. In the event of such rejection, this Agreement will terminate 30 days following the Proposed Amendment Date pursuant to Section 10 hereof. Your continued use of the Application following the Proposed Amendment Date will confirm Your consent to the Amendment. This Agreement may not be amended in any other way except through a written agreement by authorized representatives of each party.
22. If you use the Application on an Apple device, then you agree and acknowledge that:
    • Apple, Inc. bears no duties or obligations to you under this Agreement, including, but not limited to, any obligation to furnish you with Application maintenance and support;
    • You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Application or the Agreement, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
    • Apple and Apple’s subsidiaries are third party beneficiaries of the Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.