These Terms of Use and End User License Agreement (“Agreement”) govern your access to and use of the Rydeen 360 mobile application, website, software, connected services, and related products and services (collectively, the “Services”) provided by Rydeen North America, Inc. dba Rydeen Mobile Electronics, a California corporation (“Rydeen,” “we,” “us,” or “our”).
By downloading, installing, accessing, or using the Rydeen 360 application or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, do not download, install, access, or use the Services.
1. Eligibility
You must be at least 18 years old to create an account and use the Services on your own behalf.
If you are under 18, you may use the Services only with the involvement and consent of a parent or legal guardian to the extent permitted by applicable law.
By using the Services, you represent that you have the legal capacity to enter into this Agreement.
2. Rydeen 360 Services
Rydeen 360 provides software and connected services designed to allow users to connect compatible Rydeen products, including compatible 360-degree dash cameras and other automotive electronics, to a mobile device.
Depending on the product and service configuration, Rydeen 360 may provide functions including:
·Connecting a mobile device to a compatible Rydeen device;
·Viewing and managing recorded video and images;
·Downloading or sharing recordings;
·Managing device settings;
·Firmware and software updates;
·Device diagnostics and error reporting;
·GPS or location-related functions where supported;
·Other functions that Rydeen may introduce or modify from time to time.
Certain features may require Internet access, Wi-Fi, Bluetooth, location services, an account, or other compatible hardware or third-party services.
Rydeen does not guarantee that every feature will be available on every Rydeen product or in every geographic location.
3. Account Registration
Certain Services may require you to create an account.
When registering, you agree to provide information that is accurate and reasonably current. You are responsible for maintaining the confidentiality of your account credentials and for activities conducted through your account.
You must promptly notify Rydeen if you believe that your account has been accessed or used without authorization.
Rydeen may suspend or terminate an account if we reasonably believe that the account has been used in violation of this Agreement, applicable law, or the security of the Services.
4. Device Connection and Permissions
Certain Rydeen 360 functions require access to permissions on your mobile device, which may include:
·Camera access;
·Location services;
·Wi-Fi or network information;
·Bluetooth or other device connectivity;
·Storage or photo/video access;
·Notifications; and
·Other permissions necessary for particular functions.
We will request applicable permissions through the operating system or application interface where required.
You may decline or disable certain permissions. However, doing so may prevent some features of the Services from functioning properly.
5. Information We Collect
Your use of the Services may involve the collection of certain information, including device information, application diagnostics, IP address, account information, and information necessary to connect your mobile device to a compatible Rydeen product.
Depending on the features you use, the Services may process information associated with your vehicle device, including device identifiers, Wi-Fi information, operating information, diagnostic information, GPS/location information, and recorded video or images.
The collection, use, storage, disclosure, and protection of personal information are described in the Rydeen 360 Privacy Policy, which is incorporated into this Agreement by reference.
6. Video, Audio, and Location Information
Rydeen products may record video, audio, GPS information, vehicle-related information, or other information depending on the product configuration and settings.
You are solely responsible for determining whether recording or sharing such information is lawful in your jurisdiction.
Privacy, recording, wiretap, consent, surveillance, and other laws may differ among states, municipalities, and countries.
You are responsible for complying with all applicable laws when installing, operating, or using a Rydeen product and the Services.
In particular, before recording audio or individuals, you should determine whether applicable law requires notice or consent from other persons.
7. User Content
The Services may allow you to store, view, download, transmit, or share photographs, video recordings, audio recordings, and other content (“User Content”).
You retain ownership of your User Content.
You are solely responsible for User Content that you record, upload, store, transmit, or share through the Services and for ensuring that your use of such content complies with applicable law and the rights of others.
By using features that require Rydeen to process User Content, you grant Rydeen a limited, non-exclusive, worldwide license to host, process, transmit, reproduce, and technically use such User Content solely as necessary to provide, maintain, secure, and improve the Services.
Rydeen does not claim ownership of your User Content.
8. Third-Party Services
The Services may contain or depend upon third-party services, software development kits, cloud services, app stores, telecommunications services, mapping services, analytics services, or other third-party technology.
Third-party services may be subject to their own terms of use and privacy policies.
Rydeen does not control and is not responsible for the availability, functionality, security, or privacy practices of third-party services.
Your use of third-party services is subject to the terms and policies applicable to those services.
9. Software License
Subject to your compliance with this Agreement, Rydeen grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to install and use the Rydeen 360 software solely for your personal or authorized use with compatible Rydeen products.
You may not:
·Copy, reproduce, distribute, sell, rent, lease, sublicense, or commercially exploit the software except as expressly permitted;
·Modify, adapt, translate, or create derivative works of the software;
·Reverse engineer, decompile, disassemble, or attempt to obtain the source code, except to the extent such restriction is prohibited by applicable law;
·Circumvent security or technical restrictions;
·Use the software to develop a competing product or service; or
·Remove copyright, trademark, or other proprietary notices.
Rydeen reserves all rights not expressly granted under this Agreement.
10. Intellectual Property
The Rydeen 360 application, software, website, graphics, designs, trademarks, logos, documentation, interfaces, and other content provided by Rydeen are owned by or licensed to Rydeen and are protected by applicable intellectual property laws.
Nothing in this Agreement transfers ownership of Rydeen's intellectual property to you.
“RYDEEN,” “Rydeen 360,” and related trademarks and logos are trademarks or registered trademarks of Rydeen Mobile Electronics, Inc. or its affiliates, as applicable.
11. Acceptable Use
You agree not to use the Services:
·For any unlawful purpose;
·To violate the rights, privacy, or property of another person;
·To interfere with or compromise the security or operation of the Services;
·To introduce viruses, malware, or other harmful code;
·To attempt unauthorized access to accounts, systems, or networks;
·To reverse engineer or circumvent technical protections except where legally permitted;
·To use automated means to access or interfere with the Services without authorization;
·To impersonate another person or entity; or
·In any manner that could damage, disable, overburden, or impair the Services.
12. Product and Driving Safety
Rydeen 360 and compatible Rydeen products are intended to provide supplemental recording, monitoring, and safety-related functions.
The Services are not a substitute for safe and attentive driving.
You must not operate, configure, view, or interact with the application while driving if doing so would distract you or violate applicable law.
GPS information, recorded video, camera views, parking guidelines, alerts, and other information provided by Rydeen products may contain limitations or inaccuracies.
You remain responsible for operating your vehicle safely and complying with applicable traffic and safety laws.
13. Updates and Changes to the Services
Rydeen may periodically provide software, firmware, security, or feature updates.
Updates may be required to maintain compatibility, security, performance, or functionality.
Rydeen may modify, suspend, discontinue, or replace portions of the Services from time to time.
Where required by applicable law, Rydeen will provide appropriate notice of material changes.
14. Account Cancellation and Data Deletion
You may discontinue use of the Services and, where available, delete your account through the application or by contacting Rydeen.
Certain account or User Content deletion functions may be irreversible.
After an account is deleted, certain information may no longer be available to you.
Rydeen may retain information when reasonably necessary for legitimate business purposes, including security, fraud prevention, dispute resolution, legal compliance, warranty administration, or other purposes permitted by applicable law.
Additional information is provided in the Rydeen 360 Privacy Policy.
15. Privacy
Your privacy is important to us.
Our collection and use of personal information is governed by the Rydeen 360 Privacy Policy.
The Privacy Policy explains the categories of information we may collect, the purposes for which we use it, applicable disclosures, retention practices, and rights that may be available to you under applicable privacy laws.
For California residents, additional rights may apply under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA/CPRA”), where applicable.
16. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
RYDEEN DISCLAIMS ALL WARRANTIES THAT ARE NOT EXPRESSLY PROVIDED IN THIS AGREEMENT OR IN AN APPLICABLE WRITTEN PRODUCT WARRANTY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.
RYDEEN DOES NOT WARRANT THAT:
·THE SERVICES WILL ALWAYS BE AVAILABLE;
·THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
·RECORDED VIDEO OR OTHER INFORMATION WILL ALWAYS BE ACCURATE OR COMPLETE;
·GPS OR LOCATION INFORMATION WILL ALWAYS BE ACCURATE;
·THE SERVICES WILL DETECT OR PREVENT EVERY ACCIDENT, THEFT, INTRUSION, OR OTHER EVENT; OR
·ALL SOFTWARE OR SERVICES WILL REMAIN COMPATIBLE WITH EVERY MOBILE DEVICE, OPERATING SYSTEM, NETWORK, OR THIRD-PARTY SERVICE.
Nothing in this Agreement limits warranties or rights that cannot legally be excluded under applicable law.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RYDEEN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR BUSINESS INTERRUPTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RYDEEN'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF:
(A) THE AMOUNT YOU PAID TO RYDEEN FOR THE APPLICABLE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
(B) ONE HUNDRED U.S. DOLLARS (US $100).
Nothing in this Agreement excludes or limits liability that cannot legally be excluded or limited under applicable law.
18. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Rydeen and its affiliates, officers, directors, employees, and service providers from third-party claims, damages, liabilities, costs, and reasonable attorneys' fees arising from:
·Your violation of this Agreement;
·Your unlawful use of the Services;
·Your User Content;
·Your violation of another person's rights; or
·Your violation of applicable laws or regulations.
This provision does not require you to indemnify Rydeen for Rydeen's own unlawful conduct or liability that cannot legally be shifted to you.
19. Suspension or Termination
Rydeen may suspend or terminate your access to the Services if:
·You materially violate this Agreement;
·Your use creates a security or operational risk;
·Your use violates applicable law; or
·Suspension or termination is otherwise reasonably necessary to protect Rydeen, its users, or the Services.
Upon termination, your license to use the software will end, except for provisions that by their nature should survive termination, including intellectual property, disclaimers, limitations of liability, indemnification, and dispute-related provisions.
20. Force Majeure
Rydeen will not be responsible for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, severe weather, earthquakes, fire, war, terrorism, civil unrest, labor disruptions, government actions, telecommunications failures, Internet outages, cyberattacks, supply-chain disruptions, or failures of third-party service providers.
21. Governing Law
This Agreement will be governed by the laws of the State of California, without regard to its conflict-of-law principles, except to the extent that applicable federal or other mandatory consumer protection laws require otherwise.
22. Dispute Resolution
Before initiating formal legal proceedings, the parties agree to make a good-faith effort to resolve any dispute informally.
If a dispute cannot be resolved informally, the parties may pursue the dispute in a court of competent jurisdiction or through arbitration where required or permitted by applicable law.
Nothing in this section prevents a consumer from exercising rights that cannot legally be waived, including rights under applicable California or federal law.
23. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
23.1 Informal Resolution
Before initiating arbitration or a court proceeding, you and Rydeen agree to first attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to this Agreement, the Rydeen 360 Platform, the Rydeen 360 application, any Rydeen product or service, or your relationship with Rydeen (collectively, a “Dispute”).
The party seeking to raise a Dispute should provide the other party with written notice describing the nature of the Dispute and the requested resolution. The parties will have a reasonable period of time to attempt to resolve the Dispute informally.
23.2 Binding Individual Arbitration
Except as otherwise provided below, any Dispute that cannot be resolved informally shall be resolved by individual, binding arbitration rather than in court.
The arbitration shall be administered by [American Arbitration Association (“AAA”)] under its applicable consumer arbitration rules, except to the extent those rules conflict with this Agreement or applicable law.
The arbitrator shall have authority to award the same individual remedies that would be available in a court of law, including damages and injunctive or declaratory relief where permitted by applicable law.
The arbitration shall be conducted on an individual basis only.
23.3 Class Action and Representative Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND RYDEEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Unless otherwise required by applicable law, the arbitrator may not combine or consolidate the claims of more than one person and may not preside over any form of representative, class, or collective proceeding.
Nothing in this provision prohibits you from pursuing a claim that cannot lawfully be waived or limited under applicable law.
23.4 Small Claims Court Exception
Notwithstanding the arbitration requirement above, either party may bring an individual claim in small claims court if the claim qualifies for that court and remains within the court's jurisdiction.
Any such action must be brought on an individual basis and may not be brought as a class, collective, consolidated, or representative action.
If a party files an eligible small-claims action, the arbitration proceeding relating to that individual claim shall be stayed or dismissed as appropriate.
23.5 Court Proceedings and Venue
To the extent a Dispute is not subject to arbitration, or to the extent court involvement is permitted or required to enforce, confirm, modify, vacate, or challenge an arbitration award, the parties agree that the applicable courts located in Los Angeles County, California shall have exclusive jurisdiction, to the extent permitted by applicable law.
You and Rydeen consent to personal jurisdiction and venue in such courts.
23.6 Governing Law
This Agreement and any Dispute arising out of or relating to this Agreement or the Service shall be governed by the laws of the State of California, without regard to its conflict-of-law principles, except to the extent that applicable federal law or another law that cannot legally be waived requires otherwise.
The Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions of this Agreement to the extent applicable.
23.7 Severability
If any portion of this arbitration or class-action waiver provision is determined to be unenforceable, the remaining portions shall remain in effect to the maximum extent permitted by law.
If any portion of the class, collective, or representative action waiver is found to be unenforceable as to a particular claim or remedy, that claim or remedy shall proceed only to the extent required by applicable law, and all other claims subject to arbitration shall remain subject to individual arbitration.
24. California Consumer Rights
If you are a California resident, you may have additional rights under California law.
Nothing in this Agreement is intended to deprive you of rights that cannot legally be waived under California law.
Additional information regarding privacy rights is available in the Rydeen 360 Privacy Policy.
25. Changes to This Agreement
Rydeen may update this Agreement from time to time.
If we make material changes, we will provide notice through the Services, website, email, or other reasonable means where required by applicable law.
Your continued use of the Services after the effective date of the updated Agreement constitutes acceptance of the updated Agreement, to the extent permitted by law.
26. Severability
If any provision of this Agreement is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
27. Entire Agreement
This Agreement, together with the Rydeen 360 Privacy Policy and any applicable product-specific terms or written warranties, constitutes the agreement between you and Rydeen concerning the Services and supersedes prior agreements concerning the same subject matter.
28. Contact Us
If you have questions regarding this Agreement or the Rydeen 360 Services, please contact:
Rydeen North America, Inc. dba Rydeen Mobile Electronics
Torrance, California, USA
Email: tech1@rydeenmobile.com
Website: www.rydeenmobile.com