Location-based Services Terms and Conditions

for location based services (bikexone™, motoxone™, drivexone™ and findxone™ )

PLEASE READ THESE TERMS OF USE (THIS “AGREEMENT”) CAREFULLY AND COMPLETELY BEFORE USING VODAFONE LOCATION BASED SERVICES (BIKEXONE, DRIVEXONE, FINDXONE OR MOTOXONE). THIS AGREEMENT LIMITS THE LIABILITY OF VODAFONE LIMITED (HEREINAFTER “VODAFONE”) TO YOU AND PLACES IMPORTANT OBLIGATIONS ON YOU. BY USING VODAFONE LOCATION BASED SERVICES, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS, DO NOT USE VODAFONE LOCATION BASED SERVICES. THE VODAFONE LOCATION BASED SERVICES EACH REQUIRE A SPECIFIC HARDWARE DEVICE, A SPECIFIED USAGE PLAN, A MOBILE APPLICATION AND INTERNET ACCESS FOR ACTIVATION AND USE. USE OF VODAFONE LOCATION BASED SERVICES WILL INCUR DATA USAGE CHARGES AS SPECIFIED BELOW. THE LOCATION BASED SERVICES MAY BE INTERRUPTED OR DISRUPTED DUE TO ATMOSPHERIC CONDITIONS, INACCURATE EPHEMERIS DATA AND OTHER FACTORS ASSOCIATED WITH USE OF WI-FI NETWORKS, CELLULAR NETWORKS, SATELLITES AND SATELLITE DATA. ALWAYS USE CAUTION WHEN DISPLAYING AND DISSEMINATING PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOURSELF OR YOUR LOCATION TO THIRD PARTIES. NEVER USE THE LOCATION BASED SERVICES TO LOCATE ANY PERSON WHO HAS NOT CONSENTED TO HAVING HIS OR HER LOCATION OR THEIR ASSETS MONITORED BY YOU.

CAPITALIZED TERMS USED HEREIN SHALL HAVE THE MEANINGS GIVEN IN SECTION 2.

1. Product Information.

Vodafone location based services are provided to you by Vodafone. Each of bikexone, drivexone, motoxone and findxone has two components: the hardware Module that you self-install in your vehicle or attach to your asset, and the Application Software that allows you to access vehicle or asset location and diagnostics features from your Android or Apple mobile device while the Module is installed in your vehicle or attached to you asset with power turned on. Together, these components are called the “System.” In addition to your purchase of a Module, your use of the System requires an Account and a Usage Plan which you must pay for separately, each month in advance. You may set up an Account and a Usage Plan through the Website in order to access the vehicle diagnostics or tracking features of your Module. You may associate multiple findxone Modules with a single user Account, provided, you purchase a Usage Plan for each Module, as set forth on the Website. Data usage charges will apply when you download and use the Application or access the Website from your mobile device and when a Module connects to the System, however, data usage charges for the Module only are included in the monthly Usage Plan as set forth on the Website. Any data usage charges applicable to your use of the Application and access to the Website, are governed by the customer agreement between you and your mobile phone service provider.

With findxone only, the Account holder who purchased a Module and Usage Plan (“Owner”) may share limited access rights with up to five users who have first registered an Account on the Website. To share limited rights with Account holders, the Owner must click on the “share device” link in the Application and enter the unique xone user ID (usually an email address) of the Account holder who wishes to gain access to the Module. Account holders who have been granted limited access rights to a Module may only access the Module location and location history and none of the other administrative features of the Module after they have downloaded and installed the Application. The Owner may terminate or ‘un-share’ viewing rights by deleting the unique xone user ID(s) associated with a Module within the Application.

2. Definitions

“Application Software” “Application” or “Software” means collectively all software applications provided by us (whether accessed through use of the Website or downloaded onto a smartphone, tablet computer, or other device) that allows you to access your Account, interact with the Module, and/or otherwise access the System. The Software is licensed, not sold or given, to you by Vodafone for use only under the terms of this Agreement, and Vodafone reserves all rights not expressly granted to you. The rights granted under the terms of this Agreement include any software upgrades that replace and/or supplement the original Software, unless such upgrade contains a separate license. We do not warrant that defects in the Software will be corrected. “Account” means your account with us that you first obtain via registration on the Website and access through use of the Application Software or Website by logging in with your unique xone user ID and password. “Module” means the Vodafone drivexone device that you purchase from Vodafone and self-install in your vehicle, or the Vodafone findxone device you purchase from Vodafone and attach to your valuable belongings, as applicable. “PII” or “Personally Identifiable Information” means information that can be used to uniquely identify, contact, or locate a specific individual person or that can be readily used with other sources to uniquely identify a specific individual person. “System” means collectively to the Module and Application Software. “Us”, “we” and “our” mean collectively VODAFONE its affiliates, and third party important licensors and licensees involved in making the System available to customers. “Usage Plan” means the monthly service subscription associated with the drivexone Module or each individual findxone Module. “You” means the person who interacts with our System by registering on our Website and/or using the Application Software. “Website” means the websites that are available at xone.vodafone.com and shop.xone.vodafone.com.

3. Permitted Uses and Restrictions

You represent and warrant to us that: You are at least 18 years old and have the capability to legally contract with us; You will use the Module, Website, Application Software, and any other aspect of the System only as described by the Agreement and as permitted by applicable law; Any information you provide to us will be accurate, complete, and current; You will not use any aspect of the System for illegal or illicit purposes; You will not use any aspect of the System to stalk or improperly conduct surveillance of any person; You will not reverse engineer, decompile, create derivative works, or in any way infringe or misappropriate the intellectual property rights embodied in the System; You will not attempt to bypass or knowingly permit others to bypass the security infrastructure utilized by the System; You will not attempt to infect any aspect of the System with viruses, worms, Trojan horses, spyware, or any other form malicious software (collectively “Malware”) or to knowingly permit others to attempt to infect any aspect of the System with Malware; You will not modify or obscure any of the intellectual property notices displayed by the System; You will not share with third parties the user ID and password that you use to access your Account; and You will keep the e-mail address associated with your Account up to date so that you can receive communications relating to your access of the System, including but not limited to a notice of upcoming expiration, or changes to this Agreement. FURTHER, YOU REPRESENT AND WARRANT THAT: You will not use the System to locate any person who has not consented to having his or her location or their assets monitored by you. You will provide adequate notice of our Privacy Policy to any person in possession of an active Module and if applicable, any driver or occupant of a vehicle which has a Module or you will disconnect the Module when persons without adequate notice are in the vehicle. You will not sell or transfer or otherwise convey the Module to another user without also updating applicable Account information in compliance with this Agreement.

4. Data Collection and Use

You agree that we may collect and use your PII data consistent with the provisions set forth in the Privacy Policy available here.

5. User IDs and Passwords

You will need to create one or more user IDs and corresponding passwords (collectively “Codes”) to use and access the functionality of the Module, to login to your Account, and to otherwise use the System for any function beyond reading the content posted on the Website for the general public. You are responsible for maintaining the confidentiality of your Codes and for all activities using such Codes. If you become aware of any unauthorized use of your Codes, it is your responsibility to immediately change the Codes on your Account via the Website. [If you require assistance with changing your Codes, contact Vodafone Customer Service at +39 0687500672.] You are solely responsible for the misuse of such Codes by any third parties to whom you disclose the Codes.

6. Reservation of Rights/License Grant

When you purchase a Module and register an Account, upon the creation of the Account you are granted a limited-use, temporary, non-exclusive, and non-transferrable license to: (a) use the Module associated with your Account (including limited any access rights granted from time to time); (b) access your Account from the Website; and (c) use the Application Software on devices such as smartphones and tablet computers. All other rights to the Module, Application Software, Website, and System are hereby reserved by us, including but not limited to all of the intellectual property rights such as patent, copyrights, trade secrets, trademarks, and trade dress embodied within the System.

7. Expiration/Renewal

Your license rights shall expire upon the termination of your Account. Your Account and the applicable license rights may be extended/renewed through the Website upon payment of the then-applicable subscription fee. At least one notice of upcoming expiration shall be sent to the e-mail address associated with your Account prior to the expiration of your license rights. Return Policy

8. Return Policy

In the event that you are not completely satisfied with bikexone, drivexone or findxone, you may return the Module to us within 30 days from the date of record of your receipt of the Module for a refund, subject to the terms and conditions below. You must return the device in its original packaging and with all accessories included with it. The Module and the accessories must be in their original condition. You must include a copy of the original receipt as proof of your purchase. We must receive your returned device within forty-five days of the date of purchase. For items that satisfy the terms and conditions herein and are returned within the forty-five day period, Vodafone will refund the purchase price for the Module only (not Usage Plan charges), less any applicable shipping, handling charges. PLEASE NOTE: If you have set up an Account, returning your Module will not automatically deactivate it. You must deactivate your Account separately to ensure you are not charged for additional service according to your Usage Plan. To learn how to deactivate your Account please review the instructions on the Website.

9. Changes to this Agreement

We may make changes to this Agreement from time to time at our sole discretion. Please visit the Website on a regular basis to ensure that you are aware of then-current Agreement. Your continued use of the Module, Application Software, Website, and System for 30 days from the date the terms of the Agreement are revised constitute your acceptance of the then current Agreement. You must cease use of the System if you do not agree with the terms and conditions set forth in this Agreement.

10. No Warranty – Module and Access to the System provided on an “AS IS” basis

Vodafone xone products and services are offered to you as beta products and services and are subject to change or cancellation by Vodafone at any time. Vodafone does not guarantee that the System will be available at any particular time or for a certain percentage of the time over any particular period of time. Vodafone makes no warranties, express or implied, with respect to the Module, Application Software, Website, or System. All aspects of the System are provided to you on an “AS IS” basis “WITH ALL FAULTS” and “AS AVAILABLE.” The accuracy, timeliness, completeness, suitability, or availability of any aspect of the Module, Application Software, Website, or System cannot be guaranteed. THE IMPLIED WARRANTIES OF MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED IN THEIR ENTIRETY. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law.

11. Damages Exclusions/Limitations of Liability

You agree that our liability relating to the Module, Application Software, Website or other aspect of the System shall be limited to the lesser of the property damage caused by the Module or the total monies paid by you for the Module and your Account. WE SHALL NOT BE LIABILE FOR ANY OTHER DAMAGES CAUSED BY ANY ASPECT OF THE SYSTEM, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR BODILY INJURY, DAMAGES TO OTHER VEHICLES OR PROPERTY CAUSED BY INSTALLATION OF THE MODULE OR OTHER ACTS OR OMISSIONS, CONSEQUENTIAL DAMAGES, LOST PROFITS, PUNITIVE DAMAGES, SPECIAL DAMAGES, INDIRECT DAMAGES, AND INCIDENTIAL DAMAGES. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law.

12. Indemnification of us by you

You agree to defend, indemnify, and hold us (see Section 2 above for the definition of “us”) harmless from any and all liabilities, penalties, claims, causes of action, and demands brought by any third party (including costs, expenses, and attorneys’ fees) resulting from or relating to: (a) your breach of the Agreement; (b) your access, use, or inability to access and use the System; or (c) the use or inability to use the System by any person that you permitted to access the System. Your agreement to defend, indemnify, and hold us harmless is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to any claims resulting directly or indirectly from your intentional or inadvertent misrepresentation of: (1) your identity; (2) the identity of persons authorized to access location information from the Module or access your Account; or (3) your right to monitor the location of a vehicle, person or asset.

13. Governing Law; Jurisdiction

The laws of England shall govern the interpretation of this Agreement (including but not limited to the Privacy Policy) as it relates to your relationship with Vodafone, regardless of conflict of law principles. The English courts located in London, England shall have exclusive jurisdiction over any claims against us arising out of or pursuant to this Agreement or your use of the System.

14. Termination

a. Termination by You. You may terminate your Account at any time by requesting termination through the Website. Upon termination of your Account, we will retain all personal and vehicle information only as long as reasonably necessary for the fulfilment of the aforementioned purposes or for a period of time necessary to comply with any applicable law, regulation, statute of limitation, and/or corporate policy which is typically not more than 6 months. b. Termination by Us. We may terminate your Account without providing any refund to you if we determine that you have misused your Account or otherwise breached your obligations set forth in Section 3 above.

15. Disclosure/Use of Your Information

Vodafone will share your PII information with its affiliates and important licensors and licensees for the purpose of making the System accessible to You, and for the purposes of identifying potential future options that you may be interested in if you have given us specific permission for this purpose. We may also provide aggregated statistics about use of the System and related telematics service information to third-party vendors, but these statistics will not include any personal identifying information. When required, we may be compelled to release information to comply with the law or orders of courts or other governmental authorities, or to enforce or apply the terms of the Agreement with you. For example, we may be legally compelled to provide location data and other information to law enforcement agencies, pursuant to validly issued subpoenas.

16. Links to other websites

We have not reviewed and are not responsible for the content of all websites that may be linked from the Website or otherwise available through the Service, and such links do not indicate our approval or endorsement of these websites. You assume all risks if you visit these other websites.

17. Your Feedback to Us

We may ask you for your opinions about the Module, the Application Software, the Website, and other aspects of the System. Any feedback you provide is voluntary and you grant us free permission to use, copy, modify, distribute, display and publish your feedback in any media for our business purposes. We may delete your feedback and will not pay you for feedback. You agree not to submit feedback that violates the copyrights or intellectual property rights of others.

18. Additional Fees

Additional fees may also be required to transfer the Service to another person.

19. Assignments; No Third Party Beneficiaries

We may assign the Agreement, in whole or in part, at any time without notice to you. You may not assign the Agreement, or any part of it, to any other person without our prior written consent unless the applicable fee (see Section 18) is paid. Any attempt at an unauthorized transfer or assignment is immediately void in ab initio, and shall have no legal effect. You may not transfer to anyone else your rights to use the Module or otherwise access the System. This Agreement is solely for your and our benefit and it is not for the benefit of any other person, except for our successors and assigns. If you purchased the Module on behalf of someone else (such as a gift for a third party), the intended recipient of the Module should be the registered end user with the account for accessing the System. For any inquiries relating to a desired assignment of this Agreement, please contact us as described in Section 21.

20. Interpreting this Agreement

All parts of the Agreement apply to the maximum extent permitted by law. If a court rules that we cannot enforce a part of the Agreement, that part will be automatically replaced with terms that most closely match the purpose of the part that we cannot enforce. The rest of the Agreement will not change. Our failure to enforce any part of the Agreement does not constitute a waiver by us. This Agreement (coupled with the Privacy Policy), contains the entire agreement and understanding between you and us, and supersedes all prior and contemporaneous agreements and understandings between you and us, regarding the System, Application Software, Website, and Module.

21. Contact Us

If you have any questions or concerns, please feel free to send us an e-mail at help@mx.products.xone.vodafone.com