Ride Vision End User License Agreement

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP.  

By clicking the “accept” or “ok” button, or installing and/or using the Ride Vision mobile software application (the “App”), you hereby expressly acknowledge and agree that you are entering into a legal agreement with Ride Vision Ltd. (“Ride Vision”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the App.

  1. Ability to Accept. By installing the App you affirm that you are over thirteen (18) years of age
  2. License.
    1. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) download, install and use the App on a mobile telephone, tablet or device (each a “Mobile Device”) that you own or control; and (ii) access and use the App on that Mobile Device in accordance with this Agreement and any applicable Usage Rules (defined below).
    1. As applicable, certain parts of the App may be using third party features (e.g., Google Maps in order to show you the riding path of each ride in the App), some of which are managed by third-party providers for which additional terms. You must comply with such additional terms. Please review such additional terms carefully.
    1. We further grant you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to remotely access our proprietary management software, which is provided via cloud service, on a Software as a Service (SaaS) basis, including any and all improvements, corrections, updates, new releases and new versions and any related documentation, and excluding the physical Devices as defined below (the “Solution”) that the Customer has purchased from us or our authorized resellers (“Reseller”), and use it for its internal purposes, together with Company’s proprietary software embedded on a camera device (“Device”) provided to you by us or our Reseller, which communicates between the Device and the Solution. You may only use the Solution in accordance with its documentation, subject to the use limitations indicated in the agreement entered between you and the Company and/or you and the Reseller, including any purchase order (“Reseller Order”) and applicable laws. The Reseller Order is, for the avoidance of doubt, in addition to, and without derogating from, any other use restrictions set forth herein.
  3. Physical Devices. The Solution makes use of the Device(s) and processes data on the Device. Following your payment and delivery, the physical Device is your property (excluding the software and other intellectual property in the Device). The Device is subject to the usage documentation applicable to it, if any. You shall use the Device in a careful and proper manner in accordance with the documentation, and in compliance with all applicable laws, ordinances or regulations, including applicable privacy, road safety, and transportation laws. You are solely responsible for the safekeeping of the Device and any data stored and processed on the Device – and especially videos stored on the Device’s memory card and any data processed exclusively on the Device – including their protection against accidental or unlawful destruction, loss, stealth, alteration, unauthorized disclosure of, or access to data on the Device.

  4. License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the App; (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; (viii) use the Ride Vision name, logo or trademarks without our prior written consent; and/or (xi) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
  5. Account. In order to use some of the App features you have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account.
  6. Usage Rules. If you are downloading the App from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled ‘Distributor Requirements and Usage Rules‘, but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.
  7. Location Data. Certain features or functionality (“Features”) of the App may collect or be dependent on data related to your geographic location (“Location Data”). If you wish to use these Features, you hereby agree to provide or to make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy (defined below). If you do not provide or make such Location Data accessible then the Features may be limited or not operate.
    1. Ownership. The App is licensed and not sold to you under this Agreement and you acknowledge that Ride Vision and its licensors retain all title, ownership rights and intellectual property rights in and to the App (and its related software) and any feedback that will provided by you. We reserve all rights not expressly granted herein to the App.
    1. Content. The content on the App, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials, the “Content”), is the property of Ride Vision and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Ride Vision” and the Ride Vision logo are Marks of Ride Vision and its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their respective owners.
    1. Use of Content. The Content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.

You will not be charged for any upgrades, updates or other modifications to the App.

  1. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on the App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the Content.
  2. 11.  Privacy.
    1. https://ride.vision/privacy/ (“Privacy Policy”), and you agree that we may do so. Please also be aware that certain personal information and other information provided by you in connection with your use of the App may be stored on your Mobile Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Mobile Device from unauthorized access.
  3.  
    1. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
    1. UNDER NO CIRCUMSTANCES SHALL RIDE VISION BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP EVEN IF RIDE VISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    1. IN ANY EVENT, RIDE VISION’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO RIDE VISION FOR USING THE APP WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
  5. You agree to defend, indemnify and hold harmless Ride Vision and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
  6. Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
  7. Updates and Upgrades. We may from time to time provide updates or upgrades to the App (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
    1. shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App.
    1. ‎17.2 and Sections ‎8 (Intellectual Property Rights), ‎11(Privacy), ‎12 (Warranty Disclaimers), ‎13 (Limitation of Liability), ‎14 (Indemnity), and ‎18 (Assignment) through ‎21 (General) shall survive termination of this Agreement.
  9. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Ride Vision without restriction or notification.
  10. Modification. We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes.
  11. This Agreement shall be governed by and construed in accordance with the laws of Israel without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
  12. This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and Ride Vision concerning the App. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. No amendment to this Agreement will be binding unless in writing and signed by Ride Vision. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  13. Distributor Requirements and Usage Rules.
    1. Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
  14. You acknowledge and agree that:
    1. this Agreement is concluded between Ride Vision and you only, and not with Apple, and Ride Vision and its licensors, and not Apple, are solely responsible for the App and the content thereof.
    1. your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
    1. the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
    1. Ride Vision is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
    1. Ride Vision is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Ride Vision’s sole responsibility;
    1. Ride Vision, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
    1. in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
    1. Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions 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.
  15. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  16. If you have any questions, complaints, or claims regarding the App, please contact Ride Vision at:

            Email: support@ride.vision