MANAGED APPLICATION ADDENDUM — DUAL-FACING CAMERA
Zonar Coach™ Terms of Service Addendum (Dual-Facing Camera)
This Product Term is incorporated by reference into and forms part of the Zonar Unified End User License Agreement. It applies only to the products and services identified in your Order.
THIS TERMS OF SERVICE ADDENDUM CONTAINS ADDITIONAL NOTICES, DISCLAIMERS AND/OR TERMS AND CONDITIONS APPLICABLE TO CUSTOMER’S USE OF ZONAR COACH™. ZONAR COACH IS A PRIVATE LABEL APPLICATION OFFERED AND MAINTAINED BY A THIRD PARTY (“LICENSOR”). LICENSOR HOSTS ALL ZONAR COACH RELATED DATA. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF CUSTOMER DO NOT AGREE TO THESE TERMS OF SERVICE, CUSTOMER MAY NOT USE THE ZONAR COACH SERVICE.
By subscribing to or using the Zonar Coach service, Customer acknowledges and agrees that the following Terms of Service shall apply, as they may be updated from time to time. Zonar reserves the right to periodically update these Terms of Service. Capitalized terms will take their respective meanings as set forth in the Hardware and Services Schedule (“Agreement”), unless defined elsewhere in these Terms of Service. For purposes of these Terms of Service, “Biometric Data” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.
DO NOT ATTEMPT TO USE ANY MOBILE DEVICE WHILE DRIVING.
Customer Obligation to Provide Notice and Obtain Consent
Zonar Coach and the Zonar Coach app use an in-vehicle camera that may capture and process Biometric Data, as well as video and audio of the End User and other individuals that may be in the vehicle. Customer is solely responsible for its compliance with applicable laws and regulations, which may include providing any required notice and obtaining any necessary and appropriate consents and authorizations related to the use of Zonar Coach. Without limiting the foregoing, Customer is solely and exclusively responsible for providing appropriate notice to and procuring and retaining appropriate written consents or releases from its End Users regarding the collection and use of Biometric Data.
In addition to any obligation set forth in the Agreement, Customer shall indemnify, defend, and hold harmless Zonar and its Licensor for any breach of the obligations set forth in this section. Zonar may immediately terminate the provision of Zonar Coach if it reasonably believes that Customer or any of its End Users have failed to comply with these Terms of Service or any applicable laws.
Disclaimers
Zonar Coach and the Zonar Coach app are being provided by Zonar under a license agreement with Licensor. Licensor is providing Zonar Coach and the Zonar Coach app based upon the conditions expressed herein. The Zonar Coach app is intended to aid and augment the driver's (“End User's”) own skill and attention when driving on the road. The Zonar Coach app's primary function is to alert the End Users to certain driving events and behaviors, including but not limited to possible forward collision, lane departure and drift, posted speed limit violations, stop sign violations, hard braking, excessive acceleration, and excessive cornering. The Zonar Coach app does not replace the End User's obligation to be attentive to the surrounding environmental and traffic conditions or to drive in a legal and responsible manner without any distraction of any sort. End Users should not rely on the Zonar Coach app's warnings as a substitute for their own judgment and attention.
Certain features may not work (or have their performance significantly degraded) in situations such as: (a) where visibility is challenging due to prevailing light and 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.g., dust on windscreen); (e) degradation of Wi-Fi connection between camera and mobile device due to external interference; (f) changes in camera orientation post-installation; g) glare from vehicles going in the opposite direction at night; h) direct glare from the sun that can underexpose the camera; and i) excessive vibration of the vehicle.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE AGREEMENT, UNDER NO CIRCUMSTANCES WILL ZONAR OR THE LICENSOR BE RESPONSIBLE FOR ANY KIND OF DAMAGES OR LIABILITIES THAT ARISE OUT OF OR RELATED TO AN END USER'S UTILIZATION OF ZONAR COACH OR THE ZONAR COACH APP.
Data Policy
The Licensor collects, processes, and stores data from vehicles on which Zonar Hardware is installed. This data includes End User Data, General Environment Data, and Processed Data. Customer grants to the Licensor a limited right to access, copy, store, transmit, and use End User Data for the purpose of providing Zonar Coach services. Customer grants to the Licensor a worldwide, exclusive, fully paid, transferable license to use, disclose, repurpose, transmit, and manipulate the General Environment Data and Processed Data generated by or related to Customer's use of Zonar Coach; provided, however, that any Processed Data has been aggregated and anonymized to the extent that it is not identifiable to a specific customer, vehicle, or individual.
For purposes of this Agreement, “End User Data” is defined as data sourced from Customer vehicles or drivers or that otherwise concerns Customer, a vehicle, or a driver, whether or not such data is stored and/or transmitted to or through any Hardware or software resident in a Customer Vehicle; provided, however, that such data is not General Environment Data. “General Environment Data” as used in these Terms of Service shall mean data that is associated with the existence of things in the environment and captured, recorded, or perceived by any Hardware containing the Licensor's intellectual property (including, but not limited to, speed limit signs, road conditions), but expressly excludes any data or information concerning driver or vehicle behavior, action or reaction, or any data that may identify a specific driver, vehicle, fleet, End User, or Customer. “Processed Data” shall include any reports, analytics, videos, scorecards, and other data generated by the Licensor's intellectual property in the provision of Zonar Coach under this Agreement.
© Zonar Systems, Inc. — incorporated by reference into your Sales Order.