TERMS AND CONDITIONS - 2024.04.22

That Moto App (the “Site”) and TMA Mobile (the “App” and together with the Site, collectively, the “Services”) are provided by Advanced Safety Management Ltd. (the “Company”) conditional on your acceptance of the terms and conditions of use set out below (the “Terms and Conditions”), the Privacy Policy (the “Privacy Policy”), Referral Policy (the ”Referral Policy”) and any other notices or legal terms that are applicable to the specific part of the Services you access or use (“Other Terms”, and together with the Terms and Conditions, Privacy Policy and Referral Policy, the “Terms”). By accessing, uploading to, reading and making use of the Services, you agree, on your own behalf and on behalf of any entity on whose behalf you may be acting, to be bound by the Terms. If you do not wish to be bound by the Terms, you should not use the Services.

Changes to the Services

The Company may terminate, change, suspend or discontinue any aspect of the Services at any time without notice. Without limiting the generality of the foregoing, the Company may change the availability of any features, institute new, or change existing, fees or charges for use of the Services or any features thereof, add remove, modify or otherwise change any contents of the Services, impose limits on certain features or restrict access to parts or all of the Services. The Company reserves the right, but not the duty, to correct any errors or omissions in any portion of the Services at any time without notice.

Ownership and Usage

All right, title and interest (including all intellectual property rights) in and to the Services and its trademarks, are and shall remain property of the Company. The Company reserves all rights to the foregoing unless expressly otherwise set out in the Terms.

Use of the Services

The content on the Services may include recordings of GPS tracks, video, audio, graphics, photos, text and other materials whether provided by you, the Company or a third party (collectively, “Content”). Content is the responsibility of the person or entity that provides it to the Services. The Company is under no obligation to host or serve Content. If you see any Content you believe does not comply with the Terms, you can report it to us.

To make use of the Services, you must:

• (a) be the age of majority in your country of residence;
• (b) not have previously had your account terminated or suspended by the Company; and
• (c) not be prohibited from accessing and using the Services under applicable laws and regulations.

Unacceptable Use

You will not:

• (a) use the Services to violate any law or any person’s rights;
• (b) use the Services to share Content that is:
• • (i) unlawful, misleading, immoral, discriminatory or fraudulent;
  • (ii) obscene, abusive, insulting hateful, slanderous or potentially objectionable;
• (c) interfere with the functioning of the Services in any way;
• (d) use the Services to transmit any virus, trojan horse, worm or other software, script or code the effect of which is to permit unauthorized access to or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data;
• (e) decrypt, decompile, disassemble or reverse engineer the Services or any software or systems used to provide it;
• (f) access or use any part of the Services that is (expressly or implicitly) not intended for use by you;
• (g) use any non-Company automation code in relation to the Services;
• (h) collect or harvest any information from the Services in a bulk or systematic way;
• (i) create derivative or competitive works from the Services;
• (j) link to the Services by way of framing technology or deep links, or otherwise incorporate any portion of the Services into any product or service;
• (k) copy, modify, adapt, reproduce, repurpose, republish, transmit, or distribute any part of the Services;
• (l) rent, lease, assign or transfer any part of the Services, or otherwise permit third parties to access and use the Services;
• (m) remove, alter or obscure any proprietary notices on the Services;
• (n) probe, scan, or test the vulnerability of the Services or any network connected to the Services;
• (o) collect, harvest, reverse look-up, trace or otherwise seek to obtain any information on any other user of or visitor to the Services;
• (p) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or any systems or networks connected to the Services; or
• (q) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or submission you send to the Company on or through the Services.

Your Content

You may be able to upload Content to the Services. You must not submit to the Services any Content that does not comply with the Terms or the law. For example, the Content you submit must not include third party intellectual property unless you have permission from that party or are otherwise legally entitled to do so. You are responsible for the Content you submit to the Services.

Any Content that you upload to the Services will be considered non-confidential and non-proprietary. When you upload Content to the Services, you agree and represent that you own that Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the Content to submit it to the Services. You agree that any of Content you upload to the Services will comply with the standards of the Terms and you will be liable to the Company and will indemnify the Company for any breach of that agreement.

Use of Your Content

You own the intellectual property rights to any content you create and share on the Services, but by submitting the Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services to view, access, use your Content on the Platform. You further grant us a royalty-free license to use your user name, image and likeness to identify you as the source of any of your Content.

Removal of Content and Functionality

The Company may at any time, with or without notice, without liability and for any reason: (a) remove any content or functionality from the Services; or (b) change any content or functionality on the Services. The Company reserves the right to take any action related to the Services that is required to comply with applicable laws and regulations.

Third Party Links

There may be third party links on the Services that may direct you to third party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy of the third party websites and does not make any representations nor assume any responsibility for any third party websites.

Termination

The Company may at any time, with or without notice, without liability and for any reason deny you access to the Services and/or terminate or suspend your ability to use the Services. If the Company terminates or suspends your ability to use the Services, the Terms will nevertheless continue to apply in respect of your use of the Services prior to such termination or suspension.

Account and Password

You may need to register for an account to use certain features of the Services. The Company may reject or require that you change any user name, password or other information that you provide to the Company for that purpose. You, and not the Company, are responsible for any use or misuse of your authentication details. In particular, it is your sole responsibility to:

• (a) maintain the confidentiality of your authentication details;
• (b) use a strong password and frequently revise your password (if applicable); and
• (c) promptly notify the Company if you become aware of, or suspect, any unauthorized use of your account or any breach of security.

Privacy and Personal Information

For a summary of how the Company collects, uses and discloses personal information, please see the Company’s Privacy Policy.

Reward

The Company may from time to time offer incentives for sign ups or otherwise provide reward for using the Services. For a summary of how the Company, provides rewards, please see the Company’s Referral Policy.

Disclaimer

Any use or reliance on the Services or the contents of the Services shall be at your sole risk. The Company makes no representation or warranty of any kind regarding the Services or the contents of the Services, all of which are provided on an “AS IS” basis. The Company expressly disclaims all representations, warranties, conditions and endorsements. Without limiting the generality of the foregoing, the Company makes no warranty as to the accuracy, quality or completeness of the contents of the Services, nor to title or non-infringement, nor to the absence of any software virus or other harmful component. The Company does not warrant that the Services will continue to operate, will operate without interruptions or that it will be error-free.

Limitation of Liability

In no circumstances shall the Company, its directors, officers, employees, partners, suppliers and agents be responsible or liable for any loss or damages whatsoever, including (without limiting the generality of the foregoing) any direct, indirect, incidental, special, punitive or consequential damages, arising from or in connection with your use of, access to or your reliance on, or your inability to use or access the Services, any contents of the Services, any external links on the Services, any website linked to the Services, or any contents thereof.

Release of Liability

You acknowledge and agree that the Services is a service to facilitate the exchange of Content and the Company is not responsible for verifying the accuracy or safety of the Content provided and that you are solely responsible for the use of the Content. You hereby waive any and all claims that you may have in the future against the Company, its directors, officers, employees, partners, suppliers and agents, and you hereby agree to release the Company, its directors, officers, employees, partners, suppliers and agents from any and all liability for any loss, damage, injury or expense that you may suffer or that your next of kin may suffer as a result of or arising out of any aspect of your use of the Content due to any cause whatsoever.

Indemnity

You will indemnify and hold the Company and its directors, officers, employees, partners, suppliers and agents harmless from all loss, damage, injury, demand or expense arising from your use of the Services and any breach of the Terms.

Governing Law and Jurisdiction

The Terms and any dispute, controversy or claim arising under, out of, in connection with, or related to: (a) the Services or its use or content or any services provided through it, or (b) the Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of British Columbia (“BC”) and the federal laws of Canada applicable in BC.

Application and Conflict

The Terms and Conditions, Privacy Policy and Referral Policy will apply to all of the Other Terms unless otherwise stated in the Other Terms. If a conflict or inconsistency exists between the Other Terms and the Terms and Conditions, Privacy Policy or Referral Policy, then the Terms and Conditions, Privacy Policy or Referral Policy will prevail to the extent of the conflict or inconsistency.

Severability

If any provision of the Terms is unlawful, void or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

Cumulative Remedies

All rights and remedies of the Company granted or recognized in the Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination.

No Waiver

Failure by the Company to insist on strict performance of any of the terms or conditions of the Terms will not operate as a waiver by the Company of that or any subsequent default or failure of performance.

Assignment of Terms

You may not assign the Terms without the prior written consent of the Company. The Company may assign the Terms without restriction.

Enurement

The Terms will enure to the benefit of and will be binding on you and the Company and your and its respective successors and permitted assigns.