Terms of Service

1. Eligibility

1.1. General age limitation. You must be at least 16 years of age to use the Service. To the extent prohibited by applicable law, we do not allow use of the Service by Users younger than 16 years old. If you are aware of anyone younger than 16 years old using the Service, please contact us (for contact information, please, see How to Contact Us Section) and we will take reasonable steps to preclude such person from using the Service. If you are under 18 years of age (or the age of legal majority where you live), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with the Service. If you are using the Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. For the purposes of these Terms, "User" means a person or an authorized representative of an entity who uses the Service and/or the Service Content, such use to be solely in accordance with the terms and conditions of these Terms.

1.2. Sanctions compliance. You acknowledge and agree that DriveWay IQ may take necessary actions to ensure compliance with applicable Sanctions and regulations. You also agree not to use the Service in any manner that would cause DriveWay IQ to violate any Sanction. You undertake not to provide, directly or indirectly, Service to Sanctioned Entities, as well as not to authorise them to use and/or access the Service in any form. You undertake to reimburse DriveWay IQ in full for the damages incurred by DriveWay IQ in connection with a violation by you of this Section.

For the purposes of these Terms, "Sanction" means any sanction administered or enforced by the United States, the United Nations Security Council, the European Union, any European Union member state, the United Kingdom, or other relevant sanctions authority, including diplomatic, travel, trade, financial sanctions or embargoes; "Sanctioned Entity" means a person, entity or country who is subject to a Sanction.

1.3. Warranties. You represent, warrant, and undertake that:

1. you have the right, necessary power, consents and authority to enter into and fully perform the obligations under these Terms and will maintain the same throughout the term of these Terms;
2. entering into these Terms you will not violate any other agreement to which you are a party;
3. you use the Service in compliance with all applicable laws;
4. if you are using the Service on behalf of another person or entity, these Terms are executed by a duly authorised representative of that person or entity;
5. there are no actions, suits or proceedings or regulatory investigations pending or, to your knowledge, threatened against or affecting you before any court or administrative body or arbitration tribunal that might affect the ability of you to meet and carry out its obligations under these Terms;
6. once duly executed, these Terms will constitute its legal, valid and binding obligations;
7. you are not using the Service on behalf of a Sanctioned Entity nor is it the target of any investigations relating to a Sanction; and
8. you will immediately notify the other Party if it is the target of any investigations relating to a Sanction.

If you need to create an account to use the Service, then you also:

1. represent and warrant that you previously did not have an account, the use of which was terminated due to violation of the Terms, that is you have not been previously suspended or removed from using the Service;
2. represent and warrant that you have never been convicted of a crime that involved stalking someone or interfering with another person's privacy.

2. User Account. User Content

To access and use some Services, you may need to create a User account.

Your access to the Service will be terminated and your account will be deleted immediately, without prior notice from DriveWay IQ, in the event that you fail to comply with any provision of these Terms, including but not limited to the use of the Service for illegal purposes.

If any rule of using the Service is under the suspicion of being violated in accordance with these Terms, DriveWay IQ has the right to suspend access to the Service until suspicions are resolved or the account is deleted in connection with the confirmation of a violation of the rules.

In some Services, the use of which requires the creation of an account, DriveWay IQ may allow you and other Users to create and store content, (collectively, "User Content"). User Content includes: addresses, names, telephones, websites, working hours and other information in accordance with Section 3 of Privacy Policy as well as data transmitted by devices (for example, trackers) that you configured to use the Services. You and other Users are solely liable to DriveWay IQ and third parties for the accuracy, completeness and correctness of this information, as well as for compliance with applicable laws.

By submitting any User Content in connection with the Service, you agree that you will not upload, store or otherwise transmit any User Content that:

1. violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
2. you know to be false, misleading or inaccurate;
3. contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;
4. contains or advocates pornography or sexually explicit content, or that is otherwise obscene or lewd;
5. violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;
6. advocates violent behavior;
7. poses a reasonable threat to personal or public safety;
8. contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes;
9. is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such right;
10. contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
11. uses the name or likeness of an identifiable natural person without such person's consent;
12. contains data on the location of a third party or his property (for example, car) without his consent.

By creating an account, the User grants to DriveWay IQ the right to store, process, modify and delete User Content in order to ensure the operation of the Service.

3. Service Content. Limited license, copyright and trademark

Except for User's Content created and stored by User, the User agrees that the Service and all software, Application Programming Interface ("API"), the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, tools, user generated tools and other content contained within the Service (collectively, "Service Content") are owned by us or licensed to us and are protected under both Lithuania and foreign laws.

Except as explicitly stated in these Terms, we and our licensors reserve all rights in and to the Service and the Service Content. Use of the Service Content for any purpose not expressly permitted by these Terms is strictly prohibited.

Our license to User. Subject to the terms and conditions of these Terms, DriveWay IQ grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service and the Service Content solely for your own use and/or for your own internal business purposes ("User License"), including accessing and viewing Service Content; however, such User License does not include any right to:

1. copy, reproduce, distribute, publicly perform or publicly display the Service Content, except as expressly permitted by us or our licensors;
2. modify the Service Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Service or the Service Content;
3. use any data mining, robots or similar data gathering or extraction methods;
4. use the Service or the Service Content other than as expressly provided in these Terms.

DriveWay IQ may terminate the User License at any time for any reason or no reason.

API License. In addition to the foregoing, DriveWay IQ grants you a non-exclusive, limited, worldwide, non-assignable, non-transferable, revocable license to access and/or use API solely for the purpose of integrating your applications with the Service in accordance with documentation and guidelines provided.

API Access Conditions. When accessing and/or using the APIs and/or at any time, you shall:

1. not use API to gain unauthorized access to any service, device, server, or network connected to or accessible through the API;
2. not perform an action with the intent of introducing to the Service any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature;
3. not use API in the way that violates applicable law or for illegal activities, harassment, spamming or not perform any activities that violate these Terms;
4. not reverse engineer, decompile or disassemble the API, not attempt to extract the source code from API;
5. not use APIs in a way that could impair, harm or damage the Service or anyone's use of the Service;
6. not use APIs in any manner that works around any technical limitations of the APIs;
7. not use APIs for the purposes of migrating Users away from the Service, except in connection with use of APIs by your application and/or unless expressly permitted by DriveWay IQ in writing;
8. implement and maintain appropriate security measures to protect data accessed via the API;
9. comply with all applicable data protection laws and regulations;
10. not use unreasonable amount of bandwidth or engage in activities that adversely impact the stability or performance of the API;
11. not use API for high-risk activities where the failure of the API could lead to death, personal injury, environmental damage;
12. not use API or any data obtained through the API to identify, exploit or publicly disclose potential security vulnerabilities.

You may not sell, rent, lease, sublicense, redistribute or syndicate access to APIs to any third parties and/or use API in any way which may, directly or indirectly, undermine DriveWay IQ's business interests.

4. Service Access

Restrictions on Use. User agrees that he/she will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, User agrees that he/she will not engage in any of the following prohibited activities:

1. take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
2. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Service without our express written permission;
3. interfere or attempt to interfere with the proper operation of the Service;
4. bypass any measures DriveWay IQ may use to prevent or restrict access to the Service;
5. transmit spam, chain letters, or other unsolicited communications;
6. attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
7. upload invalid data, viruses, worms, or other software agents through or to the Service;
8. collect or harvest any personally identifiable information from the Service;
9. access any content on the Service through any technology or means other than those provided or authorized by the Service;
10. impersonate another person or otherwise misrepresent User's affiliation with a person or entity;
11. conduct fraud;
12. hide or attempt to hide User's identity;
13. directly or indirectly, advertise or promote another website, product, or service or solicit other Users.

Access Restrictions. DriveWay IQ reserves the right to implement technical measures to restrict access to the Service and/or the Service Content for any Sanctioned Entities or within the territories of countries that are subject to Sanctions.

API Call Limitations. DriveWay IQ reserves the right to limit the number of periodic API calls you and/or Users are allowed to make.

Changes, Termination, and Suspension. DriveWay IQ may, without prior notice, change the Service; stop granting access to the Service or features of the Service, to User or to Users generally; or create usage limits for the Service. At its sole discretion, DriveWay IQ may permanently or temporarily terminate or suspend User's access to the Service without notice and liability for any reason.

5. In-app Purchases and Subscriptions

5.1. Subscriptions. The Service offers different subscriptions which depend on the number of units, storage volume, etc. Subscriptions can be purchased with various local payment options and telegram stars. Payment methods offered are subject to regional availability or at the sole discretion of DriveWay IQ.

You may purchase the subscriptions directly from DriveWay IQ by paying a subscription fee in advance.

If you purchase the subscription through a third party, separate terms and conditions of payment with such third party may apply in addition to these terms. Please contact the third party regarding any refunds or to manage your subscription.

5.2. Purchased content. DriveWay IQ may include features or tools that can be licensed for a fee, typically via in-app purchase ("Purchased Content"). You may only use the Purchased Content if you are over 18 years old (or the age of legal majority), and only on a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable basis for non-commercial use only. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON.

5.3. Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority in your country.

5.4. Price changes. DriveWay IQ may from time to time make changes to subscriptions, including subscriptions fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change.

5.5. Termination and Renewal of Service. Your payment to DriveWay IQ or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period, unless you terminate your subscription before the end of the then-current subscription period. If you terminate the Service or paid subscription during the subscription period, the payment made for the full subscription period is not refundable.

6. Third Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service, you do so at your own risk.

7. Disclaimer of Warranty; Limitation of Liability

7.1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. DriveWay IQ, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE.

7.2. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7.3. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL DriveWay IQ, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SERVICE.

7.4. We implement a variety of technical, organizational and legal security measures to maintain the safety of your personal information. We cannot, however, ensure or warrant the absolute security of any information you transmit to DriveWay IQ.

7.5. DriveWay IQ shall not be liable for loss of profit, revenue, savings, business, use, data, and/or goodwill resulting from the implementation of technical measures mentioned in Section 4 of these Terms.

8. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to:

1. your use of the Service;
2. your User Content or Feedback;
3. your violation of these Terms;
4. your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights);
5. your conduct in connection with the Service.

API Indemnification and Defense. You shall defend, indemnify, and hold harmless DriveWay IQ and its affiliates, directors, officers, employees, agents, and representatives from and against any and all claims, damages, liabilities, losses, costs, and fees arising out of or related to: (i) the misuse of the API by you and/or Users; or (ii) any content or data processed through the API by you and/or Users.

9. Dispute Resolution; Binding Arbitration

These Terms shall be governed by, construed and enforced in accordance with the laws of Lithuania.

Any and all claims, disputes or controversies arising under, out of, or in connection with Terms which have not been resolved by good faith negotiations within a period of thirty (30) calendar days shall be resolved by final and binding arbitration in the Vilnius Court of Commercial Arbitration in accordance with its Rules of Arbitration. Disputes shall be settled by a single arbitrator. The place of arbitration shall be Vilnius, Lithuania. The language of arbitration shall be English.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR SERVICE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.

10. Changes to These Terms

These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Service after such posting shall be deemed to constitute a binding acceptance by you of such modifications.

11. Electronic Communications

By using the Service, you consent to receive electronic communications from us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications shall be in writing.

12. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

13. Additional Terms Applicable to iOS Devices

The following terms apply if you use the Service on any device that contains the iOS mobile operating system developed by Apple Inc. ("Apple").

Acknowledgement. You acknowledge that these Terms are concluded solely between you and us, not Apple. We are solely responsible for the Service and the content thereof.

Scope of License. The license granted to you is limited to a non-transferable license to use the Service on any iPhone, iPod touch or iPad that you own or control as permitted by the Apple usage rules.

Maintenance and Support. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

Warranty. Apple is not responsible for any product warranties, whether expressed or implied by law, with respect to the Service. DriveWay IQ has disclaimed all warranties of any kind with respect to the Service.

Product Claims. DriveWay IQ, not Apple, is responsible for addressing any claims relating to the Service or your possession and/or use of the Service.

Intellectual Property Rights. DriveWay IQ, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim.

Developer Name and Address. Any questions, complaints or claims with respect to the Service should be directed to:

Third-Party Terms. You agree to comply with any applicable third-party terms when using the Service.

Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary thereof.

14. How to Contact Us

If you have any questions, complaints or claims with respect to these Terms or the Service, please contact us:

15. Additional Terms Related to the Operation of the Common Platform Applications

15.1. Common Platform Applications. If the User uses DriveWay IQ application or its web-version, the websites of the Service requiring creation of an account, the User agrees to the following:

1. The User account is one for all Common Platform Applications.
2. After creating a User account on one of Common Platform Applications, the User can get access to other Common Platform Applications unless otherwise provided by the additional terms.
3. Changing User account data on one of the Common Platform Applications will automatically change them on another Common Platform Application.
4. Additional terms of use for certain Common Platform Applications may provide for separate grounds for deleting a User account due to its inactivity.
5. User may be provided with technical support and maintenance services by DriveWay IQ. DriveWay IQ does not guarantee the quality of technical support and maintenance services.

15.2. Common Platform Applications limitations and restrictions. If User uses any Common Platform Application, then the User agrees to the following conditions:

1. If the unit created within the Application has not transmitted any data at all it will be deleted automatically in two weeks;
2. If the unit has transmitted data more than 1 year ago, this unit will be deleted automatically;
3. Accounts that are not having units are deleted automatically after two weeks since the last login;
4. All the accounts are deleted automatically after nine months of non-use, whether they have units or not;
5. If the unit or User account is deleted, all information associated with it is deleted and cannot be restored;
6. DriveWay IQ reserves the right to block and subsequently delete your account(s) without prior notice if provision to you the right to use the Application is no longer commercially valuable;
7. User of Application can allow access to his/her account to the User of Partner Panel to receive subsequent assistance with account configuration. User bears all responsibility related to that provision of access;
8. The maximum data retention period of transmitted data from a unit in the storage of the Application is 365 days.