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Terms of Use

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This document, together with the Privacy Policy [https://www.nee-vo.com/privacy-policy], (the “Terms of Use”) is a contract between You (“you”) and Otodata Wireless Network Inc. (“us” or “we”) concerning your use of the Otodata mobile application (the “Application”). By accepting these Terms of Use and by continuing to use the Mobile Application and our services, you agree to all the terms and conditions stated in these Terms of Use. The use of updated versions of this Mobile Application may be subject to new or additional Terms of Use. The Application allows a device compatible with the application and its related systems to report and display information to the user. The device may be installed on your tank or reservoir by us or our affiliates or authorized by us for use to connect your tank to the services we offer you, including the functionalities of the Application, namely the remote monitoring and displaying of tank levels and software updates or customized features (the “Services”).

 

You are only allowed to make use of the Application and the Services if you comply with the following:

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Conditions of use

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You shall only use the Services and the Application when it is safe to do so, and you shall only use them in compliance with the law, safety regulations and these Terms of Service.

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  1. You are solely responsible for the use of the Services and the Application.

  2. If third parties use the Services and Application through your user account, you shall ensure that they only use the Services and the Application when it is safe to do so, and in compliance with the law and these Terms of Use. These Terms of Use apply to all users of your Connected Device. You are responsible and liable for all activities of users of your Connected Device, including all access to or use of the Services. Without limiting the foregoing, it is your responsibility to: (i) inform other users of your Device that their access to and use of the Services is subject these Terms of Use; and (ii) ensure that other users of your device comply with these Terms of Use.

  3. You shall obey all laws, safety regulations and traffic regulations governing the operation of your vehicle and use of the Application and you will not access and/or use any Service or Connected Device in a manner that violates any law, rule or regulation. Without limiting the foregoing, it is your sole responsibility to exercise good judgment and observe all safety measures required by law, traffic rules, and traffic regulations while accessing and/or using the services and Application.

  4. You represent and warrant that you have reached the age of majority in your jurisdiction of residence and have full legal capacity to enter into binding contracts, or are at least 16 years or age and possess legal parental or guardian consent and are fully able and competent to enter into and abide by these Terms of Use.

  5. You shall be required to create an account to use the Services. You shall (i) provide accurate and complete information; (ii) keep your account and password confidential under your sole supervision; (iii) notify us immediately of any breach of security or unauthorized use of your account using our contact information; and (iv) agree to and abide by the Privacy Policy.

  6. As a condition to your use of the Services and the Application, you agree not to: (i) access, tamper with, or use any non-public areas of the Services, Application or our computer systems; (ii) attempt to probe, scan, or test the vulnerability of the Services, Application or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks; (iii) attempt to decipher, decompile, disassemble, reverse engineer or otherwise investigate any of the software used to provide the Services and the Application; (iv) use the Services or the Application in an abusive way contrary to its intended use or to its documentation; and (v) systematically retrieve data or other content from the Services and the Application to create or compile, directly or indirectly, in single or multiple downloads, a compilation, database or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.

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The Services

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  1. The Services are provided free of charge or for a fee to purchasers and or users of the device. It is understood and agreed that these Terms of Use are personal to you.

  2. We may suspend or discontinue your access to some or all of the Services and some or all of the functionalities of the Application as provided for in these Terms of Use.

  3. We may access, modify or update the software used to deliver the Services and the Application or used by your device without additional notice or consent.

  4. Services may be available for your device that collect data from your tank and or systems and provide you or third parties such as your supplier with diagnostic, usage and level or inventory notifications. Any such services are provided as is and do not report all conditions that may affect the operation of your device. For example, and not limiting the generality of the foregoing, conditions occurring while your device is off or conditions that develop rapidly may not be reported using such services.

  5. Your device must be operational for the Services to be provided, including, but not limited to, a working electrical system (including adequate battery power). It is your responsibility to continue to monitor your tank levels directly on the gauge located on the tank. THIS DEVICE AND APPLICATION DOES NOT REPLACE READINGS DIRECTLY TAKEN FROM THE GAUGE ON YOUR TANK. THIS DEVICE AND THE APPLICATION MUST NOT BE THE SOLE MONITORING METHOD USED BY YOU OR ANY USER UNDER ANY CIRCUMSTANCES.

  6. Without limiting the scope and generality of these Terms of Use, the Services may not be provided if: (i) equipment on your tank isn't properly installed; (ii) you haven't maintained the equipment or your tank in good working order; (iii) you do not comply with all applicable laws; (iv) you try to add, connect or modify any equipment or software in your smartphone or device in which the application is installed (v) your tank or device is not compatible with the Services or the Application; (vi) your device is malfunctioning; and (vii) other problems arise that we cannot control and that interfere with the delivery or quality of services, such as hills, tall buildings, tunnels, weather, design of your tank, damage to important parts of your device or tank, or wireless congestion or jamming.

  7. We are not obligated to provide any maintenance or support for the Services and Application, technical or otherwise. If we provide any such maintenance or support, we may discontinue them at any time with 60 day notice.

  8. We may access and review data relating to your use of the Services and Application for the purpose of ensuring the proper operation of the Services and Application and their various features, to ensure your compliance with these Terms of Use, or to comply with applicable law.

  9. All right, title, and interest in and to the Services and Application are and will remain our exclusive property. The Services and Application are protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. You may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, communicate, or otherwise use or commercially exploit the Services.

  10. The Services may not be available throughout North America.

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Disclaimer of Warranty and Limitation of Liability

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  1. The Services and Application are provided "as is" without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement. This provision may not apply in your jurisdiction, but you agree that it shall be interpreted to its fullest extent.

  2. The Services rely on wireless communication networks. Not all Services are available everywhere, notably in remote or enclosed areas. You acknowledge and agree that the area you are using the device and application in may affect the services that we can provide to you.

  3. We are not a supplier of any products other than the tank level monitoring device and application. You are ultimately responsible for your tank level monitoring and should not rely solely on the information provided to you by us via the application. The Services are provided as a convenience.

  4. You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services in breach of these Terms of Use or in any manner that is contrary to applicable laws.

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Modification of the Terms of Use, Term and Termination

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  1. You agree that we may at any time and at our sole discretion modify the Agreement. You specifically agree to: (i) review such modified Agreement; and (ii) to indicate your consent to the modified Agreement if you wish to accept and abide by the modified Agreement. If you do not accept the modified Agreement, we may cease to provide the Service to you after a period of sixty (60) days. Each such amendment (i) will be communicated to you at least thirty (30) days before its coming into force; (ii) set out the new section only, or an amended section along with the section as it read formerly; and (iii) set out the date the amendment comes into force.

  2. These Terms of Use apply from the date of your acceptance until the Services are cancelled or terminated by you or us as permitted in these Terms of Use.

  3. You may cancel your individual account at any time by stopping your use of the Application and Services and uninstalling them. We reserve the right to suspend or end the Service at any time at our discretion by providing you with at least sixty (60) days’ prior notice. If you breach this Agreement, we will have the right to terminate this Agreement and to deactivate your account immediately if we notify you of your breach and you do not remedy this within five (5) days.

  4. Upon termination or expiration of these Terms of Use, you must immediately stop using the Services and the Application. All provisions of these Terms of Use which by their nature survive the termination or expiration, shall survive termination or expiration of these Terms of Use.

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General

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  1. These Terms of Service shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada and the United States of America applicable to contracts between you and us and to be performed in your jurisdiction. Any and all disputes arising out of this Agreement shall be brought before the Courts of competent jurisdiction in the district of Montreal, Province of Québec, Canada.

  2. If a particular provision of these Terms of Use is held to be invalid, the provision shall be deemed severed from these Terms of Use and shall not affect the validity of these Terms of Use as a whole.

  3. These Terms of Use are the entire and exclusive agreement between us regarding the Services and Application, and these Terms of Use supersede and replace any prior agreements between ourselves regarding the Services and the Application.

  4. We will be allowed to assign our obligations under these Terms of Use to any third party without requiring your consent.

  5. The Parties have expressly requested that these Terms of Use be drawn up in English and that all modifications thereof can be made in this language. Les Parties ont expressément demandé que ce contrat soit rédigé en anglais et que toute modification à celui-ci puisse se faire également dans cette langue.

 

Contact

If you have any concern, question or complaint regarding these Terms of Use, please contact us at:


Otodata Wireless Network Inc.
1212 Louvain O., Montreal, Qc H4N 1G5
(514) 673-0244

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The current Terms of Use last update was July 25, 2022.

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