End User License Agreement

Roadwatcher End User License Agreement (EULA)

Acknowledgement

Please read this End-End User License Agreement ("EULA") carefully before clicking the "I Agree" button, downloading, or using the RoadVault app, which is owned by RoadWatcher LLC, (a Louisiana LLC). This EULA is a legal document between you and Roadwatcher, LLC, (a Louisiana LLC) and not with any application store or phone company. By clicking the "I Agree" button, downloading, or using the RoadVault app, you are agreeing to be bound by the terms and conditions of this EULA. 

Definitions

For the purposes of this EULA, the followings words have defined meanings:

"EULA" means this EULA, which forms the entire EULA between you and Roadwatcher LLC regarding the Application.

"Application" means the software program provided by Roadwatcher, LLC, downloaded from an App Store account to a Device.

"Application Store" means the digital distribution service which installed the Application to your Device. This may be the Apple App Store or the Google Play Store.

"Company" means Roadwatcher, LLC, the providers of the Application and support services therefor.

"End User" refers to the individual or legal entity who pays the maintenance fees for use of the Application. Each End User will have an account with Company through which they can submit payments and access Cloud Storage.

“End User” refers to the individual accessing or using the Application.  

"Device" means any device which can access the Application, such as a mobile phone, tablet computer, or dashboard camera.

"Local Storage" refers to data captured by the Application which is stored on computers outside the control of Company. This most often refers to Device storage, although it may also refer to any data transferred by End Users to computers not under the control of Company (e.g., personal backups).

"Cloud Storage" refers to data captured by the Application which is stored on computers under control of Company.

"Video" refers to both the audio and video data recorded by the Application to or from a Device. 

"Metadata" refers to any non-audio and non-video data recorded by the Application. This can include, but is not limited to, time and date, GPS position, vehicular information such as speed, and verification data such as checksums.

“End User Data” refers to any data not recorded by the Application. This can include, but is not limited to, account credentials, identifiers such as vehicle plates and contact information, payment details such as credit cards or bank accounts, and any other personal data provided to us by End User.

“Reporting Incident” refers to the recording of a particular Video recorded by a End User. 

“Local Reporter” refers to the local law enforcement authority, as determined by the location referenced by the latitude and longitude recorded by the Application.. This is most often local police, but may be state police or highway patrol, depending on the location.

“End User Reporter” refers to any other party (e.g., an employer or an insurance company) defined by the End User.

License

Subject to the terms and conditions of this EULA, Company hereby grants End User a limited, revocable, non-sublicensable, non-exclusive and non-transferable license to download, install, and use Application onto one or more Devices.

This license is limited to activity strictly in accordance with the terms of this EULA, as well as the terms and conditions of the relevant Application Store, the terms and conditions of any relevant Device.. End User may only use the Application on Devices which they own or control.

Responsibilities

This license is contingent on End User's payment of fees. If fees are not paid, the Company may suspend or terminate End User's account, including access to Cloud Storage.

Each End User is responsible for safeguarding the account credentials used to access the Application and any related services. End Users will be fully responsible for any breach of this EULA by End Users authorized via the End User's account credentials. End User agrees to exercise due care in limiting the number and conduct of End Users associated with End User’s account. Any unauthorized access to End User's account must be promptly reported to Company. 

Except as specifically noted herein, End User agrees not to copy, modify, distribute, transmit, host, incorporate, or otherwise commercially exploit the Application, or make the Application available to any third party. End User agrees not to attempt to reverse engineer or circumvent any security-related features of the Application. End User agrees not to utilize the Application in a manner that violates the law, or infringes the rights of any third parties, including but not limited to privacy rights, intellectual property rights, export controls, or unauthorized computer access.

Cautious Driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. Video recordings you want to submit to the appropriate jurisdiction may only be sent after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, such video recordings may be sent by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver’s attention to the road. End User must keep their eyes on the road at all times and take every precaution to maintain safe driving behavior.

Privacy

Company will, via the Application, process Video and Metadata from the associated Device(s) only when allowed by the End User. This Video and Metadata will be processed and stored on Local Storage. From time to time, as configured by the Us End User, or in response to Reporting Incidents, the Application will also upload this Video and Metadata to Cloud Storage. 

This Video and Metadata will, by necessity, contain personal data about drivers, passengers, and third parties (such as other drivers or pedestrians). End Users agree not to place Device(s) in vehicles they are not authorized to operate, or locations they are not authorized to record, such as private residences or restricted areas. 

Company agrees to process and share Video only to the extent necessary to operate the Application and provide storage, retrieval, verification, and reporting services for End User, and in compliance with applicable laws. An example of Video processing necessary to operate the Application would be uploading the Video to a secure private web host (such as Microsoft Azure or Amazon Web Services) under Company’s direction. 

Other than operationally necessary, Company will not share Video with anyone other than End User, except as authorized by End User, or compelled by an appropriate legal authority. Should a court compel such disclosure, Company will undertake to inform the End User, again to the extent permitted by law. 

Company agrees to process Metadata only to the extent necessary to operate the Application and provide storage, retrieval, and verification services for End User, in compliance with applicable laws, or for purposes of development and improvement of the Application. An example of Metadata processing necessary to operate the Application would be generating a verification checksum from the Video and other non-verification Metadata (or End User Data.

In the event of a Reporting Incident, End User may elect to share the Video and Metadata with a Local Reporter, or End User Reporter, or both. In this case, Company will locate an appropriate reporting portal or contact point, and if asked, verify the Metadata to provide authentication of the Video.

Company agrees to process End User Data only to the extent necessary to operate the Application and provide storage, retrieval, verification, and reporting services for End User, and in compliance with applicable laws, or for purposes of internal development and improvement of the Application. An example of End User Data processing would be including the name and contact information of the End User along with the Video and Metadata to a Local Reporter authorized by End User. Company may also share End User Data independent of Video or Metadata for purposes of, e.g., marketing or two-factor authentication.  

Company will retain Video and Metadata in association with the End User’s account for a maximum of two years. After two years, such Video and Metadata will be automatically deleted, although the Company may retain the Metadata in aggregated, anonymized form. Company may delete Video and Metadata sooner if authorized by End User, or compelled by an appropriate legal authority.  

End Users are responsible for ensuring that their use of Video and Metadata captured by the Application is in accordance with applicable rules and regulations

Termination

This EULA shall remain in effect until either terminated by the Company or the End User. If End User breaches the EULA, it shall be terminated from that point. Company reserves the right, at any time and for any reason, to discontinue services generally, or terminate this EULA with a specific End User. If this EULA is terminated, End User shall immediately cease use of the Application. 

This section, as well as the sections titled Responsibilities, Privacy, Limited Warranty, Liability, Indemnification, Venue, Succession & Non-Assignment, and Severability shall survive the termination of this EULA for a period of 10 years.

Limited Warranty

Other than the foregoing, End User accepts the Application and any related services “as-is.” Company provides no warranties as to the function or use of the licensed programs, whether express, implied, or statutory, including, without limitation, any implied warranties of merchantability or fitness for particular purpose. All risk as to the quality and performance of the Application is with End User. Company does not warrant that the Application will meet any particular requirements of End User, or that End User’s operation of the Application will be uninterrupted or error-free. 

Company is not liable to End User for any direct or indirect loss, harm, liability, costs, expenses, or penalties incurred in connection with or arising from the Application or any related services, including but not limited to any interruption, inaccuracy, error, or omission, regardless of cause. 

Indemnification

Subject to the terms and conditions of this EULA, End User shall indemnify, defend, and hold harmless Company against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees and other costs related to enforcing this EULA, incurred by or awarded against Company, for End User's use or misuse of the Application, End User's violation of the EULA, or End User's violation of any third party's rights. 

Company reserves the right, but does not assume the obligation, to assume exclusive defense and control of any matter subject to this indemnification if End User chooses to settle or declines to defend it.

Venue

This EULA shall be governed and interpreted by the laws of the state of Texas, without regard to choice of law provisions. The state and federal courts of Houston, Texas, shall be the appropriate venue and jurisdiction for resolving any dispute relating to this EULA.

Succession & Non-Assignment

This EULA will be binding upon and will inure to the benefit of the Company and End User, as well as their respective authorized representatives, successors, and assigns, except as otherwise provided herein.

This EULA and any licenses granted therein shall not be loaned, provided, assigned, sublicensed, or otherwise transferred by End User to any other entity without the prior written consent of Company.

Severability

In the event any provision of this EULA is determined by a district court or higher court to be invalid or unenforceable, the remainder of this EULA shall remain in force as if such provision was not in the EULA, unless such invalidity or unenforceability destroys the intent of the parties. In such case, this EULA terminates immediately upon such determination.

Updates

This EULA may be updated from time to time by Company, at which point End User will be asked to renew the EULA. If End User permits End Users to renew the EULA, End User represents they have the authority to do so.