FC VISION™ MOBILE APP

FC VISION™ MOBILE APP
END USER LICENSE AGREEMENT

PLEASE READ THIS END USER LICENSE AGREEMENT (THE “EULA” OR THE “AGREEMENT”) CAREFULLY BEFORE DOWNLOADING THE FC VISION MOBILE APPLICATION (THE “APP” OR “FC VISION”).

General: FC Vision is intended to be used only in conjunction with the Complete Innovation Inc. (“CI”) GPS-based hosted software solution known as Fleet Complete® (the “Fleet Complete Service”).

Do not install FC Vision unless your employer or fleet owner or operator has a valid subscription agreement with CI to use the Fleet Complete Service and the vehicle you are operating has been activated on the Fleet Complete Service.

This EULA is between you and CI and you acknowledge and agree that the third party mobile device platform or service provider (the “App Platform Provider”) is not a party to this Agreement.

YOUR PRIVACY ON THE APP: LightMetrics, Inc. on behalf of CI, collects and stores information that you submit to the App, including video of both the inside and outside of your vehicle, as well as information about your use of the App (the “FC Vision Data”).

CI and LightMetrics, Inc. will store and use the FC Vision Data only to fulfill the purpose of the App, which is to collect diagnostic and locational information from motor vehicles or other mobile assets in order to enable its customers to track vehicles and other mobile assets, obtain and manage the telematics data and comply with electronic logging device and hours of service regulations.

CI may use cookies and similar technology to collect information about you and your use of the App. CI uses this information to enable your use of the App and the Fleet Complete Service by your employer or fleet owner or operator, improve the App and the Fleet Complete Service and to customize your experience in using the App. CI and LightMetrics, Inc. may disclose any of your information to third parties if either believes in good faith that such release is reasonably necessary to ensure adherence to or to enforce this Agreement, satisfy any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.

Your Rights in the App

Use: You may only use the App on devices that are permitted by the App Platform Provider Terms of Service.

Proprietary Rights: The App and any and all related materials, including, without limitation, text, graphics, content, video and audio are the property of CI and its licensors and are protected under the copyright laws of Canada and other jurisdictions. None of the content related to the App may be copied, reproduced, republished, distributed, displayed, sold, transferred or modified without the express written consent of CI and CI’s licensor. Fleet Complete®, FC Vision™ and other related trade-marks design marks and logos displayed in the App are the registered and common law trade-marks of CI. Other trade-marks appearing in the App are the trade-marks of their respective owners. Nothing contained in this Agreement is to be construed as granting, by implication or otherwise, any license or right to use any trade-marks appearing in the App, except with the express written approval of CI or such other party that may own the applicable trade-mark.

Restrictions: You may not copy or modify the App. You may not distribute, share through any network, transfer, transmit, rent or sell the App or any part of it to any other person and you may not change, alter, modify or create enhancements or add-ons to the App, or any part of it; (d) you may not decompile, reverse engineer or disassemble the App, or any part of it; and (e) you shall at all times comply with, and shall not circumvent or attempt to circumvent, any of the restrictions on the use of the App set forth in this Agreement.

Objectionable Content: Content may not be submitted to the App to the extent such content includes any Objectionable Content. “Objectionable Content” includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; and (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent.

Telecommunications Services: You acknowledge that the use of the App requires a cellular telecommunication service. You are responsible for any applicable data plan fees or other subscription charges or fees of any kind whatsoever that your telecommunications services provider may charge you to access the App, including fees for network access and roaming.

Maintenance and Support: CI provides minimal support and maintenance for the App on a commercially reasonable effort basis only. You acknowledge that the App Platform Provider is not obligated to provide any support or maintenance for the App.

Termination: This Agreement is effective until terminated by you or CI. CI may also wish to stop providing the App to you for any or no reason and may terminate your use of it at any time without giving notice of termination to you. Unless CI advises you otherwise, upon termination (a) the rights and license under this Agreement will end, and (b) you must stop using the App and delete it from your device.

Disclaimer of Warranties: CI PROVIDES THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CI MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE APP, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CI DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE APP WILL BE CORRECTED.

Additional Disclaimers and Warnings:

• FC Vision is an advanced driver assistance system which is intended to alert drivers to certain potentially dangerous situations. It does not replace any functions drivers would ordinarily perform in driving a motor vehicle, nor does it decrease the need for drivers to stay vigilant and alert in all driving conditions, to conform to all safe driving standards and practices, and to obey all traffic rules and regulations.
• FC Vision is not an automated driving system and it does not act as a substitute for any aspect of driver vehicle control or safe driving practices. Drivers are strongly cautioned not to rely on FC Vision as a substitution, to even the slightest degree, for the exercise of due caution in assuring that they are driving safely and avoiding accidents.
• While FC Vision represents a state of the art innovation in computer vision and machine learning software and other technologies, it cannot and does not guarantee 100% accuracy in the detection of vehicles, traffic signs or lanes, nor in providing warnings of all potential road hazards. In addition, road, weather and other conditions can adversely affect the FC Vision system’s recognition and response capabilities.
• Accordingly, drivers should not rely on FC Vision to assure their driving safety, but rather should continue to rely on safe driving practices.
• Drivers should exercise caution in using the mobile device. Always maintain full concentration on the road at all times including while looking at the mobile display.
• Certain features may not work in situations such as: (a) where visibility is challenging due to prevailing weather conditions; (b) lanes not being clearly marked or visible; (c) when the vehicle is following a vehicle other than cars/buses/trucks; (d) when the camera’s field of view is occluded by anything; (e) degradation of WiFi connection between camera and mobile device; and/or (f) changes in camera orientation post-installation.

Limitation of Liability: IN NO EVENT IS CI LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE APP. IN ANY EVENT CI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).

Product Claims: CI, not the App Platform Provider, is responsible for addressing any claims by you relating to the App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.

Third Party Intellectual Property Claims: CI shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the App. To the extent that CI is required to provide indemnification by applicable law, CI, not the App Platform Provider, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the App or your use of it infringes any third party intellectual property right.

Amendments: This Agreement is subject to change by CI at any time. Upon any change to this Agreement, CI will publish the amended EULA within the App and such changes shall be effective immediately upon posting. You acknowledge that using the App following such posting shall constitute your affirmative acknowledgement of this Agreement, the modification, and agreement to abide and be bound by this Agreement, as amended. If at any time you choose not to accept this Agreement, including following any such modifications hereto, then please do not use the App and uninstall it from your mobile device.

English Language: The parties confirm that it is their wish that this Agreement and any other documents delivered or given under this Agreement, including notices, have been and will be in the English language only. Les parties aux présents confirment leur volonté que cette convention de même tous les documents, y compris tous avis, s’y rattachant, soient rédigés en anglais seulement.

Jurisdiction: The laws of the province of Ontario and Canada shall govern. You hereby consent and submit to the exclusive jurisdiction of the courts located in the City of Ottawa, in the Province of Ontario in all disputes arising out of or relating to this Agreement or the use of the App.

Contact Information: The App is operated and provided by Complete Innovations Inc. at 88 Queens Quay W #200, Toronto, ON M5J 0B8. Questions regarding the App may be submitted to CI at (800) 220-0779 or support@fleetcomplete.com.

Last updated: April 18, 2018