motorna Terms of Use

To assure a convenient, secure environment and experience for all of our users, motorna has established these Terms of Use to explain what you can expect from us and what we expect from you in connection with the use of our Service.

Effective date: 01/08/2017

User’s Acknowledgment and Acceptance of Terms

motorna a brand name registered by machinestalk Co. LLC. (referred to as “motorna” or “us” or “we”) provides themachinestalk.com و motorna.sa websites (collectively and individually the “Site”), one or more motorna mobile apps (collectively and individually the “App”), motorna Equipment including the motorna telematics device and various related information, products and other services (collectively, the “Service”) subject to your compliance with all the terms and conditions contained or referenced in this motorna Terms of Use herein (the “Agreement”), as well as any other written agreement between us. In addition, when using particular aspects of the Service, users shall be subject to any posted guidelines or rules applicable to aspects of the Service that may contain additional terms and conditions, which are hereby incorporated by reference into these Terms of Use.

By installing the app or the device, completing the registration process, or using the service, you (1) agree to be bound by these terms of use effective immediately and (2) consent to our collection, use, disclosure and other handling of information as described in motorna privacy policy, which is available on the site (the “privacy policy”). If you do not wish to be bound by this agreement or do not consent to such activities, you must exit the service and uninstall the app and device now.

We reserve the right to change this Agreement from time to time by posting a revised Agreement on the Site. You acknowledge and agree that it is your responsibility to review the Service and this Agreement periodically and to be aware of any modifications. A revised Agreement will take effect five days after their publication on the Site and will apply only on a going-forward basis, unless otherwise provided in a notice to you. Your continued use of the Service after such modifications will constitute your acknowledgment of the modified Agreement and consent to abide and be bound by the modified Agreement.

As used in this Agreement, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Service, including without limitation its contents.

Description of Service

We make Service or particular aspects of Service available on the Site and App principally associated with 1) data collected from the location services (such as GPS) and accelerometer of the cellular device that the app was downloaded on, 2) the device, which when installed into your automobile, collects information about your automobile’s, use, operation, performance and maintenance status or 3) the device with hotspot Wi-Fi which in addition to some or all of the Service described in 2), enables connectivity to the Internet with other paired devices. Except for Fees for Service under 1) or 2) are set out elsewhere on the Site and on the App.

We reserve the sole right to either modify or discontinue the Service, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee based services, the manner of providing or operating services you receive. Any new features that augment, enhance or otherwise change the then current Service shall also be subject to this Agreement.

You understand and agree that interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access or be required to access in the course of the use of the Service, and therefore, delays and disruption of or by other network transmissions are completely beyond our control.

You understand and agree that the Service available on the Site and App are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Limited License Grant

This section sets forth your limited license to use the App.

Grant.  By downloading the App, you are acquiring motorna grants you a personal, limited, non-exclusive, non-transferrable, non-sublicenseable license to install and use the App for your non-commercial use on a single, authorized mobile device solely as set forth in this License. Your acquired rights are subject to your compliance with this Agreement. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the App or rights to use the App. The term of your license shall commence on the date that you install or otherwise use the App, and shall end on the earlier of the date that you dispose of the App or motorna’s termination of this license.

Further Restrictions. Your right to use the App is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the App or any component of it, except as expressly authorized by motorna. Unless expressly authorized by motorna, you are prohibited from making a copy of the App available on a network where it could be used by multiple users. You are prohibited from making the App available over a network where it could be downloaded by multiple users. You may not remove or alter motorna’s trademarks or logos, or legal notices included in the App or related assets. Your right to use the App is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the App.

Reservation of Rights. You have obtained a license to the App and your rights are subject to this license. Except as expressly licensed to you herein, motorna reserves all right, title and interest in the App (including all characters, storyline, images, photographs, animations, video, music, text), and all

associated copyrights, trademarks, and other intellectual property rights therein. This license is limited to the intellectual property rights of motorna and its licensors in the App and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the App, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the App. All rights not expressly granted herein are reserved by motorna.

Registration Data and Privacy

In order to access some aspects of the Service, you will need a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. We may use a third party browser or internet provider, to establish your separate account, password and Registration Data. By registering, you agree to comply with all of the terms and conditions imposed by the third party browser or internet provider, you represent that all information provided in the Registration Data is true and accurate, and you agree to maintain and update this information as required in order to keep it current, complete and accurate.

You will not use the Service to track or collect any information regarding another person (such as information about their location or driving habits) unless you have first (i) provided such person with a copy of the Privacy Policy, (ii) explained to them how the Service collects such information, and (iii) confirmed that the person consents to motorna collection, use, disclosure and other handling of their information, as discussed in the Privacy Policy. Secret or nonconsensual use of the Service to collect information of others is prohibited.

Payment of Fees

If you subscribe to a part of the Service that requires payment of fees, you agree to pay all such fees. For all payment of such fees, we will bill your payment card. Recurring charges are billed in advance of Service. You agree to provide us with accurate and complete billing information, including valid payment card information.

If, for any reason, your credit card company refuses to pay the amount billed for the Service, you agree that we may, at our option, suspend or terminate your subscription to the Service and require you to pay the overdue amount by a means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.

You agree that until your subscription to the Service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Service. In the event we take legal action to collect on an overdue balance, you agree to reimburse us for all expenses incurred to recover such sums, including reasonable attorney fees and other legal expenses.

Conduct on the Service

Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications and actions through the Service. You agree that your communications and actions will not:

(a) Be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, irresponsible, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

(b) Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(c) Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

(d) constitute unauthorized or unsolicited advertising, or junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

(e) contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

(f) Use an internet account or computer without the owner’s authorization;

(g) Involve unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;

(h) Involve or use information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery)

(i) Impersonate any person or entity including any of our employees or representatives.

Other than your direct personal communications described immediately above, you acknowledge and agree that that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information whether created by you or acquired from another person, company, or any other website, app or internet source. We and our agents have the right in our sole discretion to remove any content or communications that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Site and App, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You agree not to use, deploy or operate the Service in a manner that will or can victimize, harass, stalk, threaten, frighten or intimidate an individual or group of individuals, or violate laws, regulations or codes of any municipal, county, state or federal government or agency of the government. If we reasonably determine or believe that your actions in using the Service have or will victimize, harass, stalk, threaten, frighten or intimidate an individual or group of individuals, or violate any laws, regulations or codes of municipal, or government, we may suspend or terminate your access to this Site and App.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site and App may be available to you or other authorized users of the Site and App. You shall not interfere with anyone else’s use and enjoyment of the Service or other similar services. Users who violate systems or network security may incur criminal and civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we reserve the right to cooperate fully with investigations of violations of systems or network security at other sites and apps, including by cooperating with law enforcement authorities in investigating suspected criminal violations.

Maintenance and Ownership of Equipment and Component Software

“motorna Equipment” consists of and includes any products, hardware, and equipment provided by motorna, such as motorna OBDII device, any other equipment furnished or leased to you by motorna or motorna authorized agents. motorna Equipment also includes software, component software, and programs or processes embedded or contained within motorna Equipment, such as semiconductors, chips and related items supporting or enabling Wi-Fi within motorna devices. All motorna Equipment belongs to and is owned by machinestalk, motorna affiliates or third parties doing business with motorna. You agree to use motorna Equipment for the Service described in these Terms of Use and for no other purpose. motorna may change or remove the motorna equipment at any time on reasonable notice to you, and you acknowledge and understand that such change or removal may interrupt or temporarily disable Service. You will not sell, lease, loan, assign or donate motorna device to any third party for commercial or charitable purposes. You agree that only motorna or an authorized motorna agent can service, maintain, modify or repair motorna Equipment. You will be liable for any loss, repair, replacement and related costs, damages and fees if you service, maintain, modify or repair motorna Equipment yourself or with an unauthorized resource, or if you do not return motorna Equipment as may be provided by the Terms of Use or as provided by your particular motorna service plan.

Third-Party Sites and Information

This Site and App may link you to other sites and apps on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites, apps and parties are not under our direct control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content or of such sites and apps or of the actions of their operators, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided as a convenience or because it is related to or associated with our Service but does not constitute a warranty of any kind, either express or implied or that we are providing the product or services available from them or their website or app.

Intellectual Property Information

For purposes of this Agreement, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site and App. This includes, but is in no way limited to, message boards, chat, and other original content.

By accepting this Agreement, you acknowledge and agree that all content presented to you on this Site and App is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of machinestalk Co. LLC. and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site and App in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site and App. Any unauthorized use of the materials appearing on this Site and App may violate copyright, trademark and other applicable laws and could result in criminal and civil penalties.

Neither we nor our Affiliates warrant or represent that your use of materials displayed on or obtained through this Site and App will not infringe the rights of third parties.

User’s Communications and Materials/Digital Millennium Copyright Act

Subject to our Privacy Policy, any communication that you transmit to this Site and/or App or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site and/or App believes their copyright, trademark or other property rights have been infringed by a posting on this Site and/or App, you or the user should send notification to us including:

(a) an actual or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site or App are covered by a single notification, a representative list of such works at the Site or App;

(c) information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and if available, an electronic mail address at which the complaining party may be contacted;

(d) identification of the material that is claimed to be infringing or subject to infringing activity and is to be removed (or to which access is to be disabled), and information reasonably sufficient to permit us to locate the materials;

(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Saudi Copy Rights Code and related laws.

Disclaimer of Warranties

The service, including all materials, activities and programs available through the service, are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the service will meet your requirements, (b) the service will be uninterrupted, timely, secure, or error free, (c) the results that may be obtained from the use of the service will be effective, accurate or reliable, or (d) the quality of any products, materials, activities, programs, or information purchased or obtained by you from the service from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.

This service could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials, activities and programs available through the service, including the prices and descriptions of any products listed therein, at any time without notice. The materials, activities and programs available through the service may be out of date, and we make no commitment to update such materials, activities and programs.

The use of the service or the downloading or other acquisition of any materials through the service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, mobile device, or motorna device or loss of data that results from such activities.

Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors, such as mechanics, insurance companies and others. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. We make no warranty regarding any transactions executed through, or in connection with this site and app, and/or the service, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, activities, programs, materials, or information available on or through this site and app and/or the service, from a third party is provided solely by such third party, and not by us or any other of our affiliates.

Content available through this Site and App often represents the opinions and judgments of an information provider, Site or App user, or other person or entity not connected with motorna. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized motorna spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Site and App for further information.

Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of this Agreement and your use of the Service shall be limited to the amount you paid us for the services on the relevant Site or App during the two (2) month period before the act giving rise to the liability.

Except as set forth in the preceding sentence, to the fullest extent permissible by applicable law, in no event shall we or our affiliates be liable to you or any third party for any direct or indirect special, punitive, incidental, indirect or consequential damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from death, personal injury, property damage, cost of substitute goods, activities, materials or programs, loss of goodwill, work stoppage, computer failure or malfunction, loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the service, the site, the app or of any web site or application referenced or linked to from the service.

Further, we shall not be liable in any way for third party goods and services offered through the service or for assistance in conducting commercial transactions through the service, including without limitation the processing of orders.

Some jurisdictions prohibit the exclusion or limitation of liability for death, personal injury, fraudulent misrepresentations, certain intentional or negligent acts, violations of specific statutes, or consequential or incidental damages, so the above limitations may not apply to you.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Participation in Promotions

From time to time, the Service may include advertisements offered by third party. You may enter into correspondence with or participate in promotions of the advertisers. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

E-mail Services

We may make e-mail services available to users of our Site and App, either directly or through a third party provider.

We may employ monitoring devices or techniques to help protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any blocking or failure to block any material.

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block e-mail messages that exceed the limit. We will not be responsible for such deletion or blocking messages.

Use of Site and App

You acknowledge that we may establish general practices and limits concerning use of the Service available on our Site and App, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee, if applicable, or that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any/ and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof. We have the right but not the obligation to assume, without further inquiry, that any communication we receive through your account has been made by you.

If using the device Wi-Fi hotspot, you will have a separate Wi-Fi administration password and network password.

You are also solely responsible for maintaining confidentiality and security of the Wi-Fi administration password and network password.

International Use

Although the Service may be accessible worldwide, we make no representation that materials on the Service are appropriate or available for use in locations outside Saudi Arabia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site and/or App from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site and App is void where prohibited.

Export Controls

Software available on or through this Site and App is subject to Communications and Information Technology Commission (Saudi Arabia).

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Service with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Service available on this Site and App immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site and App.

If using the device hotspot Wi-Fi, your violation of or failure to adhere to terms and conditions and policies of your wireless plan may result in termination or suspension of Wi-Fi and/or wireless service. Third party suspension or termination may impact your use of motorna Service.

Upon termination, you will:

a) Stop all use of Service and all motorna Equipment;

b) Pay for use of Service up to the date your service plan and these Terms of Use have been terminated and Service ends;

c) If requested by motorna or if required under your service plan, return all motorna Equipment within 10 days after Service ends. motorna Equipment must arrive at motorna in good working condition, normal wear and tear excepted. Otherwise, you will be charged the pro-rated monthly subscription until the motorna Equipment is returned or until motorna receives an amount closely comparable to the value of the motorna Equipment in good working condition.

Initial Dispute Resolution: Our Customer Support Department is available via phone at 9200 00474 or via the App Contact Us, to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our customer’s satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Customer Support Department and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

Notices

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site and App to inform you of changes to the Site and App, motorna Equipment, Service or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication.

Entire Agreement

These terms and conditions in this Agreement constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. The terms and conditions in this Agreement may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site and App is in conflict or inconsistent with this Agreement, the terms and conditions in this Agreement shall take precedence.

Miscellaneous

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under this Agreement to any party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under this Agreement.

You agree not to sell, resell, reproduce, duplicate, copy, store or use for any commercial purposes any portion of this Site or App, any app associated with this Site and/or App), data or information generated by any product or service obtained from or through the Service, or from use of or access to the Service. You disclaim all rights to or ownership of information and data generated by a product or service obtained from or through the Service. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Service arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, telecommunications disruption or malfunction, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.

I HAVE READ THE FOREGOING TERMS OF USE AND END USER LICENSE AGREEMENT, AND I UNCONDITIONALLY ACCEPT THEM AS STATED AND AS SUBSEQUENTLY ALTERED OR AMENDED AND AGREE TO BE BOUND BY THEM.