VAULT SOLO USER AGREEMENT
Last Modified: 28th March 2019
PLEASE READ THIS USER AGREEMENT FOR VAULT SOLO CAREFULLY.
a. The Vault Solo mobile application (Solo) is made available to users by (i) if the user is located in any part of the world other than New Zealand, Vault IQ AU Pty Ltd; and (ii) if the user is located in New Zealand, Vault IQ NZ Ltd (in either case, Vault).
b. The functionality of Solo enables users to, amongst other things, send notifications to, and receive from, the administrator (Administrator) of their Solo account (Solo Account), have their location tracked via GPS while Solo is active and send out instant distress signals to the Administrator.
2. This user agreement
a. This user agreement is between Vault and any person who uses Solo (referred to as You or Your). This user agreement shall govern the basis upon which Vault makes Solo available for Your use.
Vault grants to You a non-transferable, non-exclusive, royalty-free, worldwide subscription to download, install and use the Solo mobile application, in executable object code format only, solely on Your Device and solely for Your personal use of the application.
4. Registration and use
a. In order to use Solo, the Administrator will register with Vault a Solo Account for You and provide Vault with certain information about You to enable Vault to provide You with the Solo functionality. To register a Solo Account, You will be sent an email with a user name and password by the Administrator.
b. Solo enables You to, amongst other things, send notifications and distress signals to the Administrator. It also allows the Administrator to send notifications to your Device and track your location via GPS while Solo is active.
c. Further information about the functionality of Solo and how You can get the most out of this technology is available at Vault’s website at www.vaultintel.com/apps/solo.
d. Your Solo Account will be updated from time to time by Vault. Vault will use information about You provided by You or on Your behalf through Solo.
e. By obtaining a Solo Account, You represent and warrant that: (i) You are at least 18 years of age or, if You are under 18 years of age, Your parent or guardian has consented to and accepts the terms of this user agreement (and is able to give the following representations and warranties); (ii) You are eligible to register and use Solo and have the right, power and ability to enter into and perform Your obligations under this user agreement; (iii) You will be solely responsible for the activity that occurs on Your Solo Account; (iv) You are the person responsible for the Device registered to Your Solo Account or have the express permission of the Device’s owner; (v) You understand that it is Your responsibility to ensure that Your Device is compatible to use Solo and that the mobile device is correctly configured; (vi) the information about You that You, or a party on Your behalf, provides to Vault is information which You are lawfully entitled to provide and is not false, misleading, fraudulent or defamatory and does not infringe the intellectual property rights or other rights of any third party; (vii) You will keep Your Solo Account username and password secure; (viii) You will not impersonate any other person, or use another person’s registration details, or use another user’s Solo Account; (ix) You will not harass or interfere with another user’s use of Solo; (x) You will not use Solo, directly or indirectly, for any unlawful or fraudulent undertaking or in any manner so as to interfere with the operation of Solo (including the transmission of viruses, worms or any software intended to damage or alter computer systems or data); (xi) You will not attempt to gain authorised access to Solo, or other networks or systems connected to or used together with Solo; (xii) Vault is not responsible for any activity or conduct that may occur as a result of the disclosure by You of Your Solo Account registration details and/or password to third parties, or through unauthorised access to or use of Your information; (xiii) You are solely responsible for all activity that occurs via Your registration details and/or the use of Solo on Your Device; (xiv) You grant us permission to use Your information to provide You with Solo related services and for related purposes; (xv) You grant us permission to use Your information and information provided by You (whether actively or passively) in connection with Solo (in de-identified, aggregated form): (A) in order to develop market analytical insights; (B) for diagnostic purposes; (C) to conduct analytics about how users interact with Vault’s products and services, the characteristics of Vault’s user base and other data derived from the data Vault collects from or about the users of Vault’s products and services; (D) to test, enhance and otherwise modify Vault’s products and services; (E) to improve Vault’s products and services or develop other services; and (F) as reasonably required for the performance of Vault’s obligations under this user agreement. (xvi) You acknowledge that in order for Vault to provide the services of Solo and related services, Vault may share Your information with other parties (including the Administrator and your employer (if applicable)); (xvii) it is Your responsibility to ensure that You download the correct Solo mobile application for Your Device; and (xviii) Your use of the Solo mobile application may be subject to the terms of Your agreement with Your Device’s manufacturer and Your carrier. It is Your responsibility to comply with such agreements.
5. Collection of information
6. Unauthorised use
a. If You believe that Your Solo Account, including Your Solo mobile application, has been used without Your authority, You should contact Vault immediately.
b Vault may decide to disable Your Solo Account if Vault believes that the account has been used without Your authority, or that it exposes You, other Solo users, Vault to harm, including fraud and other unlawful acts.
c If Vault reasonably suspects that You have engaged in, or Your Solo Account has been used for, unauthorised, unlawful or illegal conduct, You give Vault the express authorisation to share information about You, Your conduct, or from Your Solo Account, with third parties including without limitation the Administrator, your employer and relevant authorities.
7. Termination and suspension
a. Should Vault need to conduct an investigation or resolve any pending dispute related to Your Solo Account, Vault may restrict Your access to Your Solo Account, including Your ability to use the Solo mobile application, for any period of time necessary. Vault may also restrict Your access to Your Solo Account as necessary to comply with any applicable law or court order, or if otherwise requested by law enforcement, governmental entity or Your employer. You will be notified of such restricted access unless Vault is legally prevented from notifying You.
b. Vault reserves the right to terminate or suspend Your access to Solo for a breach of this user agreement or at the request of the Administrator. If Your access is suspended, Your access may be renewed once that we have reasonably formed the view that the reason for the suspension has been suitably remedied.
c. Vault will not be liable to You or any other party for compensation, reimbursement, or damages in connection with Your use of Solo, or in connection with any termination or suspension of Your Solo Account.
8. Warranties and limitation of liability
a. To the extent permitted by law, this user agreement excludes all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law.
b. Vault and its directors, employees and affiliates do not warrant that the service provided by Solo is accurate, reliable or correct; that the service will be available at any particular time or location, interrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.
c. You acknowledge that, to the extent permitted by law, Vault, and any of its officers, employees or agents are not liable for any loss or claim of any kind (including without limitation, consequential or economic loss or loss of profits), arising under or in connection with this user agreement including, without limitation, any changes to this user agreement save to the extent that such loss or claim arises from the fraud of Vault.
We have implemented technical and organisational measures designed to secure Your information from accidental loss and from unauthorised access, use, alteration, or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use Your information for improper purposes. You acknowledge that You provide Your information at Your own risk.
10. Intellectual property rights
a. All copyright, trademarks and other intellectual property rights in Solo, and the information and material contained in Solo, is owned by Vault.
b. Except as permitted under the Copyright Act 1968 (Cth), or any other applicable law, You may not, regardless of the purposes of Your actions: (i) adapt, reproduce, copy, publish, publicly perform, stream, broadcast, transmit or distribute copies of any information or material found on Solo in any form (including by e-mail or other electronic means), without Vault’s prior written consent; (ii) modify, disassemble, decompile, make derivative works of or reverse engineer the Solo software; (iii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Solo software to any third party; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Solo software; or (v) access Solo in order to build a similar or competitive product or service.
a. This user agreement is governed by and will be construed in accordance with the laws of: (i) Victoria, Australia, if You are physically located in any part of the world other than New Zealand when You first become bound by this user agreement; and (ii) New Zealand, if You are physically located in New Zealand when You first become bound by this user agreement, (Jurisdiction).
b. In any action or other legal process with respect to any matter or thing in connection with this user agreement, You agree to submit to the non-exclusive jurisdiction of the Jurisdiction.
c. Except as expressly provided for in this user agreement, the terms and conditions in this user agreement are a complete statement of the agreement between You and Vault in relation to Solo.
d. If any of the terms and conditions of this user agreement are held to be invalid, unenforceable or illegal for any reason, it shall be changed and interpreted to accomplish the objectives of such term or condition to the extent possible and the remaining terms and conditions will nevertheless continue in full force.
e. Upon termination of this user agreement and Your Solo Account, the terms and conditions of this user agreement which by their nature are intended to survive termination shall survive and remain in effect.
f. This user agreement, and any rights, obligations, licenses and subscriptions granted under it, may not be transferred, assigned or subleased by You.
g. Vault accepts no liability for any failure or delay in complying with any term or condition of this user agreement where such failure or delay is due to circumstances beyond Vault’s reasonable control.
h. If Vault waives any rights available to it under this user agreement on one occasion, this does not mean that those rights will be automatically waived on any other occasion. Waivers must be in written form and signed by Vault or its authorised representative.
i. If You have any questions regarding this User Agreement, or wish to obtain additional information, please contact us at firstname.lastname@example.org.
12. Product Terms
a. SoloDrive will periodically access and collect information about your phone and driving activity that can be detected by the phone, including the speed of your automobile, braking habits, distracted driving, distances and precise routes driven, other driving events and behavior, etc. (such information will be Vault’s IP under this Agreement). Vault collects this information on behalf of a Third Party Service Provider in order for them to continuously improve the advanced algorithms.
SoloDrive Vehicle Collision Detection Services.
a. The Service includes driver protection features, which (where available) may help detect automobile collisions. Do not use SoloDrive in a way that distracts you while driving, or that interferes with your ability to follow traffic laws.
b. The SoloDrive protection features will periodically access and collect information about your phone and driving activity that can be detected by the phone, including your location, the use and movement of the phone, the speed of your motor vehicle, etc. such information will be Vault’s IP under this Agreement. The SoloDrive features may collect this information for any motor vehicle that you are in, even if you are not the driver. By using SoloDrive in a motor vehicle, you represent and warrant that you are the driver and have consented, or that have obtained consent from the driver, to use the SoloDrive features.
c. When you use SoloDrive features and the corresponding application is installed on your phone, the features may help to detect automobile collisions when you are in an automobile and your phone is with you. Your phone must be powered on and properly functioning for SoloDrive to work. If a collision is detected, SoloDrive may prompt you to determine whether you need assistance, and it may utilise your phone to communicate with your Solo Administrator or Manager to help you seek assistance. The SoloDrive features will collect your precise location information, and in the event of a potential collision, it may transmit that and other information to your Solo Administrator or Manager, or a third party service provider acting on behalf of your employer. By using or subscribing to SoloDrive, you expressly consent to allow Vault to contact you or your phone by push notification, text message, or call, including through the use of an automatic telephone dialing system.
d. While SoloDrive features are designed to help you in the event of an automobile collision, it may not detect all collisions or be able to communicate with Vault. For example, the SoloDrive features may be able to detect a particular collision, hardware limitations may prevent collision detection, limitations or errors in the algorithms and processes used by SoloDrive may not function properly (including, without limitation, if the automobile is moving at a slow speed, or is stopped at the time of a collision), and collisions may not be detected if you are located outside of your wireless service coverage area for the phone that the application for the driver protection features is installed on or if your phone is otherwise not connected to your wireless service provider’s network (e.g. it will not work if the phone is connected to a WiFi network). Other factors also may prevent accurate collision detection. The driver protection features are NOT A REPLACEMENT FOR emergency services in the event of a serious collision, or one that involves an injury. In the event of such a collision, always dial emergency services (i.e. 000 if you are in Australia) immediately.
e. Although it has taken what it believes to be commercially reasonable efforts to design helpful driver protection features, to the extent permitted by law Vault MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE OPERATION, PERFORMANCE, AVAILABILITY, OR RESULTS OF THE SOLODRIVE SERVICE, INCLUDING (WITHOUT LIMITATION) THAT THE DRIVER PROTECTION FEATURES WILL: SUCCESSFULLY DETECT COLLISIONS, COMMUNICATE WITH YOU OR A COMPANY OR EMERGENCY SERVICES CENTER IN THE EVENT OF A COLLISION. Vault IS NOT LIABLE FOR THE ACTIONS OR INACTIONS OF ANY USER, EMERGENCY RESPONDERS, OR ANY OTHER THIRD PARTY. Some jurisdictions do not allow the disclaimer of certain warranties, so the disclaimers above may not apply to you.
SoloDrive Driver Behavior Monitoring
a. Certain driver behavior monitoring and tracking features may be offered as part of the Service. These driver behavior monitoring and tracking features track (where available) details about driving behavior. Please do not use the SoloDrive Driver Behavior Monitoring services in a way that distracts you while driving, or that interferes with your ability to follow traffic laws.
b. For driver behavior monitoring and tracking features to function, the corresponding application must be installed on your phone, and your phone must be with you while you are driving. Your phone must be powered on and properly functioning for the driver behavior monitoring and tracking features to work, and the service may not function if you are driving outside of your wireless service coverage area for the phone that the application for the driver behavior monitoring and tracking features is installed on or if your phone is otherwise not connected to your wireless service provider’s network. The driver behavior monitoring and tracking features may collect this information for any motor vehicle that you are in, even if you are not the driver. If you do not have permission from the driver to collect this information, please be sure to deactivate the driver behavior monitoring and tracking features. By using either service in a motor vehicle, you represent and warrant that you are the driver and have consented, or that have obtained consent from the driver, to use the driver behavior monitoring and tracking features.
Version 1 - 7th September 2018
Current - 28th March 2019