Terms of Service

1. Purpose

These Terms of Service ("Terms") govern the rights, obligations, responsibilities and other necessary matters between you and Motrex Co., Ltd. and its subsidiaries (collectively, "Company", "we", "us" or "our") in connection with your use or access of our Mobile Application (as defined hereinafter), Products (as defined hereinafter), and Services (as defined hereinafter).

You have accepted these Terms, and thereby you have acknowledged and consented to the terms and conditions set forth below. These Terms constitute a legal binding agreement between you and Company (this "Agreement"). Your personal information is subject to our Privacy Policy, the terms of which are incorporated herein. 

Please closely review these Terms and our Privacy Policy because they contain important information that may and will affect your legal rights. THESE TERMS CONTAIN TERMS AND INFORMATION ABOUT AUTOMATIC RENEWAL SUBSCRIPTION AND PROVISIONS THAT MAY LIMIT OUR LIABILITY TO YOU.

2. Definitions

The definition of the terms used in this Agreement is as follows:

A. "[Nissan DVRS Membership]" is an optional subscription service that provides unlimited storage for the Contents uploaded under your account at a certain charge, as stated in Section 4.B;

B. "Contents" mean any audio or video recordings, live video or audio streams, images recorded or captured by our dashboard cameras;

C. "Mobile Application" means the mobile application named as "[Nissan DVRS]" developed and provided by Company to be used in connection with our Products;

D. "Product(s)" means dashboard camera(s) manufactured by us which has Wi-Fi connection and GPS function and is capable to be connected and registered with the Mobile Application;

E. "Services" means any services provided, either with or without any charge, by Company or service providers engaged by us involving the Mobile Application in connection with our Products; and

F. "You" means any any person or entity that access or use our Services, including any person or entity who possesses or owns our Products and any person who creates an account within the Mobile Application. 

3. Service Eligibility

A. You may use the Services only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, and federal laws, rules, and regulations. Anyone under the age of 13 ("Children" or "Child") is prohibited from using the Services, except to the extent allowed by applicable law. 

B. If you are agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on that organization or entity"s behalf and bind them to this Agreement (in which case, the references "you" and "your" in this Agreement, except for in this sentence, refer collectively to you personally and to that organization or entity).

4. Services

You can access and use our Services by creating an account within the Mobile Application. Once your account is set up, you become our member. Membership lets you to enjoy various benefits of our Services. Membership is free, and you have an option to upgrade your membership and enjoy unlimited data storage, "[Nissan DVRS Membership]", by enrolling to our Paid Subscription.  

A. Membership Service

a. We provide Services for our members to view, store, use, share, and delete the Contents recorded by a Product registered to his/her account. To do so, you are required to register a Product that you possess, own, or are authorized to use when you sign up for an account. The Contents captured or recorded by the registered Product will be associated with your account. You can view, store, use, share, and delete the Contents associated with your account only. While certain Services may be available without creating an account, its function and scope will be limited. 

b. If you use "Auto-Upload Function" or copy or upload the Contents, the Contents will be stored on our servers or web-based data storage. We will receive and store the uploaded Contents until the size of such Contents reaches five (5) gigabytes accumulatively. Where the size of accumulated uploaded Contents associated with your account exceeds five (5) gigabytes, the uploaded Contents, to the extent that it exceeds five (5) gigabytes, will be deleted automatically on a first-uploaded first-deleted basis. 

c. In the event where you delete your account thereby withdrawing membership with us, the uploaded Contents stored on our servers or data storage will be deleted with no further action on your end.

B. "[Nissan DVRS Membership]" (Upgraded Membership Service)

a. Free Trial

i. When you first set up your account, you will automatically be enrolled to a free six (6) month trial of the [Nissan DVRS Membership] ("Free Trial"). During this Free Trial period, you will experience unlimited storage of the Contents under the [Nissan DVRS Membership]. 

ii. Upon expiration of the six (6) months" Free Trial period, your uploaded Contents will be stored up to five (5) gigabytes accumulatively. We will no longer store the uploaded Contents to the extent that exceeds five (5) gigabytes and delete them in a manner described in the above Section 4.A.b, unless you enroll to our Paid Subscription. Please be noted that expiration of your Free Trial does NOT automatically enrolls you to our Paid Subscription.  

b. Paid Subscription

i. At any time after six (6) months" Free Trial period expires, you can continue to enjoy our [Nissan DVRS Membership] by enrolling to Paid Subscription through in-app purchase. The Paid Subscription lets you to use our [Nissan DVRS Membership] until such subscription is cancelled. 

ii. You can purchase our Paid Subscription through the app store operators (for example, Apple App Store or Google Play Store) from whose platform you have used to download the Mobile Application ("App Store Operators"). When you make such in-app purchase, you can choose your payment period, which can be either monthly or annual basis, and pricing will vary depending on the payment period of your choice. Your Paid Subscription will commence on the date you make in-app purchase and continue for the elected payment period. AT THE END OF EACH PAYMENT PERIOD, THE PAID SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY OR ANNUAL BASIS UNTIL YOU CANCEL THE PAID SUBSCRIPTION. 

c. Auto-Renewal for Paid Subscription: Any Paid Subscription you have purchased will be automatically extended for successive renewal periods of the same duration selected by you at the time of in-app purchase at the then-current rate. Recurring charges and payment thereof will be billed and processed by the App Store Operators. By making in-app purchase, you expressly authorize the App Store Operators to charge your payment method for each payment periods.

d. Your purchase of Paid Subscription and payment thereof will be charged and processed by the App Store Operators and, as a consequence, such purchase and payment will be governed by such App Store Operators" terms and conditions. If you have any billing/refund inquiries or payment-related issues with in-app purchases, please contact the App Store Operators directly.

C. The Services will be provided for 24 hours a day and all year around in principle. However, Company may suspend the Services in cases of maintenance, replacement or failure of communication equipment, such as computer, loss of connection to the network, or any other reasonable grounds for such suspension. Company may also perform inspection to the Services, which may suspend our Services, periodically or as needed. In such event, Company will announce the suspension on the Mobile Application or notify you as set forth in Section 12, either in advance or afterward, which it may be reasonable at Company"s sole discretion. 

5. Cancellation and Termination

A. Cancellation of Paid Subscription

a. You can cancel your Paid Subscription, at any time, through your on-device app store. You can easily do so by inactivating your subscriptions on the "Subscriptions" or "Account" page within your on-device app store. If you have any issues with cancelling your subscription, please contact your App Store Operator for customer support. Paid Subscription must be cancelled before the last day of your current subscription period to avoid the payment for the next subscription period. 

b. Please note that deleting your account does not automatically cancel any Paid Subscription associated with your account. Further, unregistering or deleting a Product from your account does not automatically cancel any Paid Subscription associated with the Product. To cancel the Paid Subscription, you must take measures as described in the above Section 5.A.a.

c. After your cancellation, you will continue to enjoy the [Nissan DVRS Membership] until the last day of your current subscription period. Your Contents will not be deleted upon your cancellation of the Paid Subscription and they will be stored for up to five (5) gigabytes accumulatively as described in Section 4.A.b.

B. Termination of this Agreement 

a. We reserve a right to terminate or suspend your access or use to the Services or your account, for any reason in our sole discretion, including your breach of this Agreement. We have the sole right to decide whether you are in violation of any of the restrictions, responsibilities or obligations set forth in this Agreement. 

b. You may, at any time, apply to delete your account, withdraw your membership, or terminate this Agreement by contacting our customer support or following the management menu on the initial screen of the Services. Once such application is received, Company will process such application immediately in accordance with the applicable law, this Agreement, and Privacy Policy.

c. After the termination, all the data and information about you, including the Contents associated with your account, will be deleted immediately at the time of termination, except in cases where Company holds your information in accordance with the applicable law and our Privacy Policy.

6. Changes to this Agreement and Our Services

A. Changes to this Agreement

a. Company may revise these Terms or any other part of this Agreement at any time by updating the Terms of Service section within the Mobile Application. When any such changes are made, updated Terms of Service will include the effective date of such changes. 

b. If we make changes to this Agreement that we consider material, at our sole discretion, we will make reasonable efforts to notify you by placing a notice on the Mobile Application, notifying you through the Services, sending an email to your registered email address, or by some other reasonable means. If we make material change in the terms of the Auto-Renewal Paid Subscription, we will notify you of such material change. 

c. By continuing to use our Services after the changes, you are expressing your acknowledgement and acceptance of such changes. Please check the Terms of Service section within the Mobile Application periodically for any updates.

B. Changes to our Services

a. We may change the Services in whole or part according to our operational and technical needs. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. The details of such change will be posted on the Mobile Application. 

b. No compensation shall be provided to you solely because of any changes or suspension of the Services, unless it is required pursuant to the applicable law. 

c. Also, we reserve the right to remove any Contents from the Services at any time, for any reason, in our sole discretion, and without notice.     

7. Contents and Intellectual Property Rights

A. Our Services do not provide a feature that enables you to post Contents associated with your account on other websites or any other means that directly disclose Contents to the general public. If you download or make a copy of the Contents and post them on other websites or disclose them to the general public, you may be disclosing your personal information to the general public solely at your expense. Company shall not be liable for such disclosed Contents, the disclosure itself, or any claims or lawsuits arising from that Contents or such disclosure. 

B. You retain all intellectual property rights on the Contents recorded by a Product you own or have legal right to use and have that Product registered to your account ("Your Contents"). Company does not claim ownership of your intellectual property rights in Your Contents. However, by using our Services, you give Company the right, without any compensation or obligation to you, to collect, access and use Your Contents for the limited purposes of providing Services to you, protecting you, improving our Services, and as otherwise set forth in our Privacy Policy. 

C. All right, title and interest in the Services and our content provided through our Services (such as information, documents, graphics, and images) are owned by Company. Subject to this Agreement, Company grants you a limited, non-transferable, non-exclusive right to access and make personal and non-commercial use of Services. Downloading or using the Mobile Application does not give you title to the Mobile Application, including any files, data, and images incorporated in the Mobile Application. Your use of any Mobile Application shall be only in accordance with this Agreement. Our Mobile Application shall not be copied, redistributed, or placed on any server for further distribution. You may not sell, modify, decompile, disassemble or otherwise reverse engineer the Mobile Application.     

D. Nothing in the Products or Services shall be construed as conferring any license under any intellectual right, including any right under trademark or copyright, of Company or any third party. Except as otherwise noted, Company is the owner of all trademarks and service marks on or in the Products and Services, whether registered or not. 

E. Pursuant to the Digital Millennium Copyright Act, Company, as an online service provider, may be requested to remove material that allegedly violates someone"s copyright. As such, Company may delete the Contents alleged to be infringing copyright, and to terminate the accounts that is repetitively alleged as infringing. If you want to report potentially infringing content, please contact our designated agent at [email address of legal/data privacy manager at Motrex].

8. Your Responsibility and Obligations 

A. You shall be responsible to keep your contact information and payment information up to date. You can review and modify your contact information, such as name and email address, at any time, through the personal information management screen within the Mobile Application. If you have made in-app purchase to enroll Paid Subscription to use the [Nissan DVRS Membership], you should notify the App Store Operators (such as Apple App Store or Google Play Store) of any changes needs to be made to process your payment. Company is not liable for any loss or damages caused by delay or failure of such change notification.

B. You shall be responsible for managing your contact information, ID, and password associated with your account. You must not share your account or password with anyone, and must protect the security of your account and your password. If you have learned that such information has been stolen or used by someone else, you should inform us of such immediately and comply with our directions. Company is not liable for any loss or damages arising from such incidents to the extent allowed under the applicable law.

C. Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of Company, that you comply with any applicable law when you use the Products and Services, including, but not limited to:

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 given to or that consent be obtained from third parties with respect to your use of Products or Services (for example, laws requiring you to obtain consent from the other person that is a speaker within the Contents you plan to share or disclose); or

c. Any laws or regulations governing installation of a Product, for example, California law that requires installation of a Product be positioned away from the areas in which airbags will deploy.

If your use of the Products or Services is prohibited by any applicable law, then you are not authorized to use the Products or Services. We cannot and will not be responsible for your using the Products or Services in a way that violates any applicable law.     

D. You represent, warrant, and agree that you will not record or capture any Contents or otherwise use the Products or Services in a manner that:

a. Infringes or violates the intellectual property rights or any other rights of anyone else, including us;

b. Violates any laws or regulations, including privacy and other laws aforementioned in Section 8.C;

c. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, against public policy or otherwise objectionable;

d. Damages the reputation of Company or interfere with business between Company and any third parties;

e. Uses the Services for any commercial purpose without obtaining consent from Company; 

f. Jeopardizes the security of the accounts of you or anyone else;

g. Attempts, in any manner, to obtain the password, account, or other security information from anyone else using our Services;

h. Violates the security of any computer network or cracks any passwords; or

i. Runs any processes that run or are activated while you are not logged into the Services or places an unreasonable load on the Services" infrastructure, or otherwise substantially interferes with the proper working of the Services.

E. If you breach your obligations under this Agreement, we may restrict your using our Services or terminate your account. If such restriction or termination is made, Company will inform you of such fact.

9. No Representations or Warranties

OUR PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT, IN ANY WAY, GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THE SERVICES. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT OUR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. 

IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

10. Limitations of Liability 

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL COMPANY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFIT, OR ANY DAMAGES WHATSOEVER. 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND OF COMPANY"S SERVICE PROVIDERS AND SUPPLIERS.

YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICES, AND YOU AGREE TO HOLD COMPANY HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE PRODUCT OR SERVICES, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE PRODUCT OR SERVICES.

IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER APPLICABLE LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

11. Communications; Notice

A. Company may send you emails with information about any news or updates, special offers, events, and general information of our other products or services. You may opt-out, at any time, of receiving such emails from us by following the unsubscribe link at the bottom of each communication you receive or changing the setting within the Mobile Application.  However, we do need to send you certain communications about our Products and Services, including, but not limited to, communications with transaction-related information according to applicable law and replies to your inquiries, and you may not opt-out of those communications. 

B. Company may give a notice or deliver announcements by sending email, SMS message, or electric memo to the registered communication device in accordance with the contact information on your account. Also, Company may post certain notices or announcements on the service screen of the Mobile Application or our websites in connection with the operation of the Services. 

C. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.     

12. Miscellaneous

A. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California, in the United States of America, without giving effect to any principles of conflicts of law. The exclusive forum for any disputes arising out of or relating to this Agreement shall be brought in an appropriate federal or state court sitting in the State of California. 

B. Severability and Survival

If any provision or provisions of this Agreement shall be held to be illegal, invalid, or unenforceable, that provision shall be deemed severable from the remaining provisions, and the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect. 

Provisions that, by their nature, should survive termination of this Agreement shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, and any terms regarding ownership of intellectual property rights.

C. Customer Service

To find more information about our Services or these Terms, if you need assistance with your account, or have other requests or questions regarding our Services, please contact our customer service at:

[customer support email address]

[customer support phone number]

[mailing address in the US]

13. Effective Date

These Terms of Service are effective as of August 1st, 2020

Revision history: