Cogosense Standard Terms and Conditions
Before installing or agreeing to have the FleetSafer application installed on your Device, you represent and warrant that you have (a) read this agreement in its entirety including the Cogosense FleetSafer Software License (incorporated herein), (b) you understand and agree to the terms of this agreement, (c) you are at least 18 years of age, (d) if you are accepting this agreement for a child under 18 years of age you have the legal right to enter into this agreement on the child’s behalf.
These terms and conditions represent the entire agreement (“Agreement”) between you and Cogosense with respect to FleetSafer. All references herein to “you” and “your” means you, your employees and any other person or entity on whose behalf you have the authority to accept these terms and conditions, all of whom shall also be bound by this Agreement to the extent permitted under applicable law.
The FleetSafer Service is a subscription-based program that allows FleetSafer to send and receive information to and from Cogosense’s servers via a wireless connection, providing features such as automatic activation when FleetSafer determines you are driving; redirection and/or forwarding of incoming calls; restricting the ability to make calls (other than 911) or send email, Instant Messages (“IM”) or text messages (“SMS”) and a delay in the receipt and/or ability to read text or email messages. Please read this section carefully before you use FleetSafer, as it defines certain additional terms and conditions that will specifically apply to your use of the FleetSafer Service.
FleetSafer will not restrict mobile phone use in all circumstances. These circumstances include but are not limited to: inability to obtain an accurate Global Positioning System (“GPS”) reading to determine driving, speed of the vehicle below the threshold speed, heavy traffic or long stoplights, the use of the Passenger option by the driver of a vehicle and FleetSafer being configured by you to simply report on usage, but not restrict usage.
FleetSafer utilizes a mobile device’s GPS functionality to determine driving. GPS data may not always be available due to underground parking structures, terrain, high-rise buildings, or other environmental elements. At times, a mobile device may report erroneous results that will not enable FleetSafer to determine when a user is driving. Any GPS inaccuracies or malfunctions may interfere with FleetSafer and are not malfunctions of the application. This may result in failure of FleetSafer to redirect or limit calls and texts and other communications during a drive as well as activation of FleetSafer and attendant limitation and disruption of your communication when you are not driving.
While FleetSafer is designed to allow access to 911 calls at all times, there is always a risk of technical failure, in particular during testing or conversion of the system for upgrades or general maintenance, in which case, such emergency calls may be blocked or otherwise impeded to and from 911. YOU ACCEPT AND AGREE THAT BY USING FLEETSAFER YOU MAY RISK BLOCKS TO AND DISRUPTION OF 911 CALLS DUE TO POSSIBLE TECHNICAL DIFFICULTIES THAT MAY OCCUR.
Your Location and Activities
Safe and Lawful Use
FleetSafer is not a safety service, it is a personal assistant. FleetSafer may allow calls, text and data to operate for the duration or a portion of a journey – it is up to you to drive responsibly. You acknowledge that devoting attention to FleetSafer on your mobile handset while driving may pose a risk of injury or death to you and others in situations that otherwise require your undivided attention, and you therefore agree to comply with the following when using FleetSafer: (a) observe all traffic laws and otherwise drive safely; (b) do not confirm you are in Passenger Mode, unless you are a passenger; (c) do not use FleetSafer for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement; (d) arrange all wireless devices and cables necessary for use of FleetSafer in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).
In order to use FleetSafer, you must be of legal driving age. If you are younger than 18 years of age, you may only use FleetSafer with the consent of a parent or legal guardian who can accept this agreement on your behalf. If you are a parent of legal guardian accepting these Terms on behalf of a child less than 18 years of age, you agree and accept that you are fully responsible for the use of the software including any financial charges that the child may incur through use of the software.
You are responsible for compliance with all federal, state, local and foreign law applicable to your use of FleetSafer.
YOU AGREE TO INDEMNIFY AND HOLD COGOSENSE HARMLESS AGAINST ANY AND ALL CLAIMS RESULTING FROM ANY DANGEROUS OR OTHERWISE INAPPROPRIATE USE OF FLEETSAFER IN ANY MOVING VEHICLE, INCLUDING AS A RESULT OF YOUR FAILURE TO COMPLY WITH THE DIRECTIONS ABOVE.
FleetSafer is an “always on” service utilizing RF sensors and GPS to determine ‘driving’ state. As such, it will utilize more battery power than typical “on-demand” applications. Cogosense recommends that FleetSafer users charge their phones more often, ensure that their battery is within its useful lifetime, and/or use extended life batteries.
Before FleetSafer is activated, you must enter into a direct billing or prepaid agreement with Cogosense. You agree to pay all fees charged to your account for FleetSafer (including applicable state and local taxes), in accordance with Cogosense’s billing terms in effect at the time the charge becomes payable. You will be charged such fees each month (or at agreed upon billing intervals), even if you do not use FleetSafer. Cogosense reserves the right to change the fees for FleetSafer at any time, upon 30 days prior written notice to you. If you fail to pay the charges for FleetSafer when due, Cogosense reserves the right to pursue any and all legal remedies to collect the amounts owed by you, accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and to suspend or terminate your access to FleetSafer. In the event that you sell or otherwise permanently transfer the mobile device you will continue to be responsible for payment of the all fees until you notify us to cancel your subscription.
Termination of FleetSafer by Cogosense
Cogosense reserves the right to discontinue FleetSafer generally and/or to terminate your access to FleetSafer at any time for any reason, upon 30 days prior written notice to you.
Termination of FleetSafer by You
Cogosense may revise this Agreement if necessary to comply with changes in applicable laws and regulations and will endeavor to notify you of this change by the email that you have provided. IT IS YOUR RESPONSIBILITY TO NOTIFY COGOSENSE OF A CHANGED EMAIL ADDRESS. By using FleetSafer, you consent to receive from Cogosense all communications, including notices, agreements, legally required disclosures or other information in connection with FleetSafer (collectively, “Notices”) electronically. Cogosense may provide such Notices by posting them on Cogosense’s Website and emailing you the link of such Notice or downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of FleetSafer.