End User License Agreement (EULA)

PLEASE READ THESE LICENCE TERMS AND CONDITIONS BELOW CAREFULLY.

BY TICKING ON THE “ACCEPT” BOX YOU AGREE TO THESE TERMS AND CONDITIONS WHICH WILL BIND YOU.

IF YOU HAVE ANY QUERIES IN RESPECT OF THE TERMS AND CONDITIONS BELOW YOU OUGHT TO CONTACT US PRIOR TO TICKING THE ACCEPTANCE BOX OR WE WILL PROCEED TO PROVIDE THE SERVICES ON THE BASIS OF YOUR AGREEMENT TO THE BELOW TERMS.

1 Information about Us

1.1 We AUTO LOGISTIC SOLUTIONS LIMITED, a limited company registered in England (07299447) with registered office at 8-10 Bolton Street, Ramsbottom, Bury, Lancashire, BL0 9HX, license You to use the 4Sight application software, including any updates to it which are made available to You by Us, its associated Services and its related online and electronic documentation as permitted in these terms and conditions (4Sight).

2 Your privacy

2.1 We will handle Your privacy and any personal data We collect through Your use of 4Sight in accordance with Our 4Sight Privacy Policy which is available at https://www.get4sight.co.uk/privacy-policy (4Sight Privacy Policy). Please read Our 4Sight
Privacy Policy, as it contains important information as to how We may collect, use and share Your information, as well as Your rights.

2.2 You shall ensure that any Personal Data You make available to Us is accurate and You shall notify Us of any inaccuracies as soon as You become aware of them.

2.3 We may monitor and record communications with You and communicate through Your Device (including phone conversations, geo-location data, video footage and emails) for quality assurance and compliance reasons.

2.4 You are responsible for keeping Your passwords confidential and for any damage or losses caused by unauthorised access resulting from Your failure to keep Your password secure. You will immediately notify Us if You become aware of any unauthorised use of Your password or account or any other breach of security by sending Us an email to [email protected].

3 Services

3.1 4Sight allows You to use Your mobile telephone (Device) as an on board camera that continuously records and stores (on a 2 minute loop) the view through Your vehicle’s windscreen when in use (Dash Cam).

3.2 4Sight stores 20 second (15 seconds pre accident and 5 seconds post accident) video evidence either in the event of an accident or upon Your request using the manual record feature of 4Sight (Footage).

3.3 In the event of an accident or where You have requested 4Sight manually records, provided that there is at least a 3G connection on Your Device, the Footage shall be sent automatically to Our data centre for viewing by Our handling agents who will either call: You on the telephone number You gave to Us when registering to use 4Sight; the emergency services; or
both above.

You can record the details of an accident within 4Sight should You need to refer to them at a later date and/or for the handling of any subsequent claim.

(the Services).

3.4 We make every effort to ensure 4Sight, so far as is reasonably possible, is error free and the Services are uninterrupted, but You accept that there is a risk that 4Sight may contain errors and the Services may be interrupted and You should take your own precautions against such instances and contact the emergency services where necessary.

4 App Store Terms

4.1 How You pay for Your subscription to 4Sight and how You can share 4Sight, shall be controlled by either, depending on Your Device:

(a) the Apple App Store (http://images.apple.com/legal/sla/docs/iOS10.pdf); or

(b) the Google Play Store, (https://play.google.com/about/play-terms.html)

rules and policies (as may be amended from time to time) (the App Store Terms).

4.2 Where there are differences between these terms and conditions and the App Stores Terms, the App Stores Terms will apply.

5 Your use Of 4Sight

5.1 To receive the full benefit of the Services provided by 4Sight, and for the Services to work, Your Device must meet the minimum requirements set out at https://www.get4sight.co.uk/support/, which include:

(a) a subscription to 4Sight;

(b) Your Device mounted appropriately with Your vehicle;

(c) a minimum of a 3G connection on Your Device;

(d) access to Your Device camera, microphone and photos/media files;

(e) Your location services activated;

(f) a minimum of 150MB storage available at any time on your Device;

(g) 4Sight open when You intend to use the Services provided by 4Sight; and

(h) at least either operating system iOS9 or Android 16 (Jellybean).

5.2 The requirements for Your use of 4Sight are set out in the App Stores Terms and https://www.get4sight.co.uk/support/.

5.3 In return for Your agreeing to comply with these terms and conditions You may download 4Sight onto 1 Device and use 4Sight for Your personal purposes, and/or receive and use any free 4Sight supplementary software code or updates.

6 Your Obligations

6.1 You confirm You are 18 years or older and have the necessary authority and capacity to agree to these terms and conditions and shall comply with these terms and conditions at all times when using 4Sight. You will remove 4Sight from any Device You sell and You must have the Device owner’s permission to download and use 4Sight on any Device not owned by
You.

7 Licence restrictions

7.1 You agree that You will, except as permitted under applicable law:

(a) not sub-license, loan, provide, or otherwise make 4Sight available to any person without prior written consent from Us;

(b) not copy 4Sight or documentation other than for Your normal backup purposes;

(c) not translate, merge, adapt, vary, alter or modify 4Sight or documentation nor permit 4Sight to be combined with, or incorporated in, any other programs, except as necessary to use 4Sight as permitted in these terms and conditions;

(d) not disassemble, de-compile, reverse engineer or create derivative works based on 4Sight nor attempt to do any such things;

(e) comply with all applicable technology control, export laws and regulations that apply to the technology used or supported by 4Sight.

8 Acceptable use restrictions

8.1 You must:

(a) not use 4Sight for any unlawful purpose, or in any manner inconsistent with these terms and conditions, or act fraudulently or maliciously; and

(b) not infringe Our intellectual property or those of any third party in relation to Your use of 4Sight.

9 Support and Complaints

9.1 If You want to learn more about 4Sight or have any problems using 4Sight please take a look at Our support resources at, https://www.get4sight.co.uk/support/, which can also be accessed by clicking on the support button within 4Sight.

9.2 If You think 4Sight is faulty, misdescribed or wish to contact Us for any other reason including to make a complaint, please email Our customer service team at [email protected] or call them on 0800 009 3298.

10 Updates to 4Sight

10.1 We may automatically, or We may ask You to, update 4Sight to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

10.2 If You choose not to install such updates or if You opt out of automatic updates You may continue to use 4Sight and the Services in accordance with the existing terms but the functionality of 4Sight and the Services may be affected and You may not be able to use all the features of 4Sight and/or the Services.

11 Changes to these terms

11.1 We may amend these terms and conditions at any time to reflect changes in law, best practice or to introduce features to 4Sight. We will notify You when You next start 4Sight and You will be asked to confirm Your agreement to the amended terms.

11.2 If You do not accept the amended terms and conditions You will not be permitted to continue to use 4Sight and You should cancel Your subscription in accordance with the relevant App Store Terms and delete 4Sight from your Device.

12 Intellectual property rights

12.1 All intellectual property rights in 4Sight and the Services throughout the world belong to Us (or Our licensors).

12.2 When the Service sends Footage to Our handling agents, You grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty free licence (with a right to grant sublicenses) to use the Footage to the extent necessary to provide Our Services in accordance with these terms and conditions.

13 Termination of Your use of and subscription to 4Sight

13.1 We may suspend or terminate Your access and use of 4Sight at any time by contacting You if You have breached these terms and conditions in a serious way, and You must, unless You can put the breached terms right, stop using 4Sight; and delete or remove 4Sight from Your Device.

13.2 You may cancel Your subscription for Your use of 4Sight at any time in accordance with the relevant App Store Terms. You will be permitted to use 4Sight until the end of the subscription month following cancellation of Your subscription for Your use of 4Sight.

13.3 You may terminate Your access and use of 4Sight at any time by deleting 4Sight from Your Device. Please note that this will not automatically cancel Your subscription and You must do this as per clause 13.2 above.

14 Our rights to transfer these terms and conditions

14.1 We may transfer Our rights and obligations under these terms and conditions to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under the terms and conditions. With effect from the date We notify You that these terms and conditions (once transferred) will be same terms and conditions as those in force immediately prior to such transfer.

15 Liability

15.1 Nothing in these terms and conditions excludes or limits Our liability for death or personal injury arising from Our negligence, Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.

15.2 If We fail to comply with these terms, We are responsible for loss or damage You suffer that is a foreseeable result. We are not responsible to You or any third party for:

(a) losses that were not foreseeable as a probable result of the breach of these terms; and

(b) losses that were not caused by a breach of these terms and conditions by Us or Our officers, employees, agents, contractors or subcontractors.

15.3 We make every effort, so far as is reasonably possible, to guard against computer viruses or other malicious programmes. You accept that by using 4Sight that there is a risk Your device may become infected by such viruses or other malicious programmes and You should take Your own precautions to guard against computer viruses or other malicious programmes which could be downloaded.

15.4 4Sight is for personal use only and We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity where, in breach of these terms. You use 4Sight for any commercial purpose.

15.5 If Our provision of the Services or support for 4Sight is delayed by an event outside Our control, We will take steps to minimise the effect of the delay.

16 Alternative dispute resolution

16.1 In the event of any dispute between Us, We will try and resolve the matter within 28 days. However should this not be possible then We reserve the right to refer the matter for independent mediation and conciliation. By accepting these terms and conditions You consent to disputes being dealt with in this way.

17 Applicable Law

17.1 These terms and conditions, their subject matter and their formation, are governed by English law. You and We both agree to that the courts of England and Wales will have non-exclusive jurisdiction of any dispute arising out of or in connection with these terms and conditions (including negligence claims).

17.2 If You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are resident of Scotland, You may also bring proceedings in Scotland.

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