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VIIZR Website Terms and Conditions

Effective: March, 2022
Version 1.0

1. General Information
These Terms and Conditions apply to your access to and use of the VIIZR mobile application (“App”). The App is owned or operated by Ford Smart Mobility LLC (“Provider”, “we”, “us”, “our”) and is a component of, and integrates with, Provider’s VIIZR software-as-a-service offering (the “Service”). Your employer has entered into a separate agreement with us (“Separate Agreement”) that authorizes your employer to make the App available to you.

2. Your Agreement
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PROVIDER.

By using the App or the Service, you agree to be bound by these Terms and Conditions and our Privacy Statement https://viizr.com/privacy-policy. If you do not agree to these Terms and Conditions or the Privacy Statement, do not use the App or the Service.

3. Availability / Restrictions and Limitations / Updates
Separate Agreement.
The App is made available to you under, and the App and the Service are subject to, the terms and conditions in the Separate Agreement. You must comply with, and you are bound by, all terms of the Separate Agreement that are applicable to your use of the App and the Service. Your employer, who is our customer (“Customer”), is responsible for making you aware of such terms.

Supplemental Terms.

The App and the Service may integrate with other services or devices that are subject to separate or supplemental terms (“Supplemental Terms”) or privacy practices. You are responsible for reviewing any Supplemental Terms and privacy practices and complying therewith.

Feature Availability / Features Subject to Change.

Availability of features within the App is subject to change. Not all features or services are available in all markets and functionality may be limited, including due to vehicle capability or compatibility, mobile device or network coverage.

Hardware Compatibility Requirements.

Availability of features within the App is subject to change. Not all features or services are available in all markets and functionality may be limited, including due to vehicle capability or compatibility, mobile device or network coverage.

Usage and Data Fees.

Your internet service provider or mobile carrier may charge Customer or you access, software, or data fees for any network use or data transmission by the Services. Contact your internet service provider or mobile carrier for more information regarding usage rates and fees.

Compliance with Laws.

You are responsible for compliance with all local laws. You agree not to use the content made available to you through the Service in any country or in any manner that is prohibited by applicable laws, restrictions, or regulations.

4. SafetyWarning.

You should only use the App and the Service when it is safe to do so. Do not read messages or interact with the App or the Service on hand-held devices while driving, riding a bicycle, or engaging in similar activities.

5. Restrictions

You will not (a) sell, resell, license, sublicense, distribute, make available, rent, or lease the App or the Service to any third party, or otherwise commercially exploit the App or the Service for the benefit of any third party (e.g., as a service bureau or outsource offering); (b) use the App or the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third party privacy rights; (c) use the App or the Service to send or store any code, files, scripts, agents, or programs intended to do harm, including, for example, viruses, worms, time bombs, and Trojan horses; (d) modify, copy, or create derivative works of the App or the Service or any part, feature, function, or user interface thereof; (e) create Internet links to the App or the Service or frame or mirror the App or the Service; (f) permit direct or indirect access to or use of the App or the Service in a way that circumvents a contractual usage limit, or use the App or the Service to access or use any Provider intellectual property except as permitted under this Agreement; (g) interfere with or disrupt the integrity of performance of the App or the Service or the data contained therein; (h) access the App or the Service in order to build a competitive product or service or to benchmark with a third party product or service; (i) disassemble, reverse engineer, or decompile the App or the Service; (j) share data or content from the App or the Service with any competitors of Provider or salesforce.com, inc.; or (k) attempt to gain unauthorized access to the App or the Service or related systems or networks.If you would like to use a web crawler or other search tool to gather information from the Site, you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.

6. Trademark Notice

All trademarks and logos displayed in the App or on the Service are owned or used under license by us.

7. Third-Party Beneficiaries

Our affiliates, subsidiaries, agents, predecessors-in-interest, successors-in-interest, and service providers are intended beneficiaries of the protections contained in these Terms and Conditions relating to, among other things, limitations regarding the App and the Service and its use and limitations on liability.

8. Indemnity, Hold Harmless

By using the App and the Service, you agree that you will defend, indemnify and hold harmless us and our subsidiaries and affiliates, their respective suppliers, licensors, partners and advertising and promotions agencies, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your conduct or any use of the App or the Service.You acknowledge and agree that your app store provider has no liability, responsibility or obligation to you in connection with the App or the Service.

9. Disclaimer

The App and the Service and all the information accessible through it are provided for information purposes only on an “as is” and “as available” basis. We, our affiliates, information and service providers, and each of their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, with respect to accuracy, availability, currency, or completeness, the operation of the App or the Service, or the information, materials, content, and products.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND.SOME STATES DO NOT ALLOW DISCLAIMERS OF VARIOUS WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.

10. Choice of Law, Jurisdiction

Any disputes relating to these Terms and Conditions shall be resolved in courts located in Wayne County, Michigan under Michigan law.

11. Export Control Laws

Materials and information provided on or through the App or the Service, including prices, features, products, or services, may not be available outside the U.S. You agree to comply with all export and re-export control laws, restrictions and regulations or similar laws of your government in connection with your use of the App and the Service, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State.Further, you represent and warrant that: (i) you are not located in a country that is subject to a government embargo, or that has been designated by any country’s government as a “terrorist supporting” country, and (ii) that you are not listed on any government list of prohibited or restricted parties as specified in the laws and regulations listed above.

12. Changes, Updates

We may change these Terms and Conditions, the App, or the Service or any of its parts at any time. We will endeavor to alert you or your employer through the App or the Service of material changes to the Terms and Conditions. Your use of the App or the Service after any changes are implemented will be considered acceptance of such changes.

If you object to any changes to the App or the Service or to these Terms and Conditions, your sole recourse is to stop using the App and the Service.

13. Termination

We may terminate these Terms and Conditions at any time, or suspend or cancel the App or the Service or your access at any time in our sole discretion, with notice. If you violate any of the Terms and Conditions, we may terminate your access to the App and the Service without notice and without refund of fees to Customer.

14. Miscellaneous

Severability, Waiver.

If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term or condition will be eliminated and the remaining terms and conditions will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

Assignment. We can assign these Terms and Conditions in whole or in part to anyone we choose. You can’t assign your rights or obligations under these Terms and Conditions to anyone else without our prior consent.

15. Contact Us

Severability, Waiver. The Service is operated by Ford Smart Mobility LLC, One American Road, Dearborn, Michigan 48126 United States of America.

Assignment. If you have any questions, comments, or claims regarding the Service you may contact us at support@viizr.com.

16. Interference

CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE THE APP OR THE SERVICE OR OTHERWISE UNDERMINE OUR LEGITIMATE BUSINESS OPERATIONS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW

17. Terms Required By Apple

The following terms apply only to the iOS version of the App.

Acknowledgement.

These Terms and Conditions are between you and Provider only, and not with Apple. As between Apple and Provider, Provider is solely responsible for the App.

Scope of License.

Your use of the App must comply with the Usage Rules set forth in the Apple Media Services Terms and Conditions. You may only use the App on iOS Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions and you may not transfer the App to third parties.

Maintenance and Support.

As between Apple and Provider, Provider is solely responsible for providing, and Apple has no obligation to provide, maintenance and support for the App.

Warranty.

In the event of any failure of the App to comply with the warranty in the Separate Agreement, you or Customer may notify Apple, and Apple will refund the purchase price for the App to you or Customer. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and will not be liable for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

Product Claims.

Apple shall not be responsible for addressing any claims by you, Provider, or any third party relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Rights.

Apple shall not be responsible for the investigation, defense, settlement or discharge of any claim that the App, or your or Provider’s possession and use of the App, infringes a third party’s intellectual property rights.

Legal Compliance.

You represent and warrant that (i) 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 (ii), as set forth above in the “Export Control Laws” section of these Terms and Conditions, you are not listed on any U.S. Government list of prohibited or restricted parties.

Provider.

Provider’s address is set forth above in the “Contact Us” section of these Terms and Conditions.

Third Party Terms of Agreement.

To the extent that any third-party terms are applicable when using the App, you must comply with such terms when using the App.

Third Party Beneficiary.

Notwithstanding anything to the contrary in the Separate Agreement, Apple and its subsidiaries are third-party beneficiaries of these Terms and Conditions, and have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

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