TERMS AND CONDITIONS OF SONAR TELEMATICS USA LLC.

SONAR TELEMATICS USA LLC. is a corporation established in the United States, identified by EIN 931889952 , with its principal office located in Winter Springs, FL. For the purposes of these terms and conditions, as a provider of fleet management software, GPS tracking, and IoT industrial services, it will be referred to as “SONAR TELEMATICS USA LLC.”

WE RECOMMEND READING THESE TERMS AND CONDITIONS CAREFULLY. BY ACCEPTING THESE, YOU AGREE TO THE CONTRACTS AND TRANSACTIONS THAT GENERATE LEGAL EFFECTS AND WILL BE GOVERNED BY THE APPLICABLE LEGISLATION IN THE UNITED STATES.

These Terms govern your rights and obligations concerning the purchase and use of the service and constitute a legally binding agreement between you and SONAR TELEMATICS USA LLC. By continuing to browse the SONAR TELEMATICS USA LLC. website or mobile application, making a purchase, or requesting any of our products or services, you accept these Terms and Conditions. We reserve the right to change, modify, add, or remove parts of these Terms at our discretion at any time. Continued use of the Service after changes are posted signifies your acceptance of those changes.

By accepting these Terms, you declare and warrant that you are eighteen (18) years or older and have the right, authority, and legal capacity to accept and comply with these Terms. If you are accessing or using the Service on behalf of a company or entity, you declare and warrant that you are an authorized representative with the authority to bind that company or entity to these Terms and that you accept these Terms on its behalf.

DEFINITIONS

For the correct interpretation of these terms and conditions, the following words will be defined as follows. Any terms not explicitly defined here will be understood by their technical meaning or by the context in which they are used.

Application: A software program designed as a tool to perform specific operations or functions.

APP: A program with special characteristics allowing it to adapt to different mobile devices like smartphones and tablets.

Account: Information a user needs to log in and use a system.

Firmware: Software that establishes the lowest-level logic controlling the electronic circuits of any device, tightly integrated with the device’s electronics.

GPS: Global Positioning System, which uses satellite signals to determine geographic location.

OBD: On-Board Diagnostics system in vehicles that provides comprehensive monitoring and control of the engine and other vehicle systems.

Platform: A complete system that allows dynamic interaction between users and content.

Service: Technology using a set of protocols and standards to exchange data between applications.

Beta Services: A program nearing its final development stage, with practical functions but lacking final features to be considered complete.

Website: The platform managed by SONAR TELEMATICS USA LLC. showcasing our technological ecosystem, products, solutions, and services for user knowledge.

SMS: A telephone service that allows sending and receiving messages.

Software: A set of programs, instructions, and computer rules to perform specific tasks on a computer or mobile application.

Email: A service enabling the exchange of messages and digital files via computer networks using unique addresses as identifiers for recipients and senders.

Notifications: Messages or alerts informing users about important events, updates, or relevant activities in applications, devices, or digital platforms.

Subscription: An agreement where a person or entity registers to receive a service, content, or product regularly, usually for a periodic fee or the fulfillment of certain conditions.

User: A natural or legal person who navigates the website, platform, mobile app, or any application within the SONAR system and can acquire the products, solutions, and services of SONAR TELEMATICS USA LLC., and accepts the terms and conditions.

1. THE SERVICE

Our system provides vehicle management solutions for managing your fleet or personal vehicle. Our service includes:

- Our web platform, mobile apps, and desktop applications.

- Other software (including any firmware embedded in a Device) provided or used in connection with the Service.

- Data, reports, text, images, and other content and documentation available on the Application or otherwise.

- A device connected to the onboard diagnostic port of your vehicle or elsewhere in the vehicle.

2. ACCOUNT AND SUBSCRIPTION

You can access our services via our web platform or by downloading our apps from the App Store® or Google Play Store (collectively, the “Platform Store”). Once the application is downloaded, you must create an account and register through the Application to access and use the Service. It is important to provide accurate, complete, and updated information for your account (including information about the specific Devices you have purchased and the vehicles in which they are installed). You agree to update such information as necessary to maintain its accuracy and completeness.

When registering for an account, you will need to create a username and password, which you are responsible for keeping confidential and secure. You agree not to use another registered user’s account, username, or password at any time and not to disclose your password to any third party. You must notify SONAR TELEMATICS USA LLC. immediately if you suspect unauthorized use of your account or access to your password. You are solely responsible for all use of your account and all actions that occur under your account.

You agree to grant access to the Service only to your employees, family members, or other authorized users (“Authorized Users”) and ensure that they keep login information, including usernames and passwords, strictly confidential and do not provide such login information to any unauthorized party. Authorized Users may only use the Service on your behalf and are subject to these Terms and Conditions. You are responsible for any breach by an Authorized User of their obligations under these Terms. We will not be liable for any loss resulting from unauthorized access or use of the Service or your Subscription. You may be liable to us or third parties for such unauthorized access or use.

To activate the Service, you must also purchase a Subscription, which includes a monthly fee for each vehicle using the service. Subscriptions can be purchased through the Application, web platform, website, or subscription links from our payment gateway partners. By purchasing a subscription, you agree to the applicable terms and conditions, purchase terms, and that your Subscription will be governed and subject to the payment policy of the applicable Platform Store and other Platform Store Rules. Your Subscription will automatically renew monthly or annually until you cancel it in accordance with the applicable Platform Store Rules. You may cancel your subscription at any time, except as provided in a free trial; however, canceling your subscription will not relieve you of any obligation to pay accrued fees or charges. We reserve the right to change our Subscription plans or adjust the price of our service or any component in any manner and at any time as we determine in our sole and absolute discretion, each case subject to applicable Platform Store Rules.

We may, at our sole discretion, provide you with authentication tokens (e.g., API keys, registration keys, etc.) or other security control information concerning your website account. The use of such security control information is restricted solely to authorized users and must not be disclosed to any third party. Unauthorized access is prohibited.

Beta Services

We may offer services identified as beta, pilot, developer preview, non-production, evaluation, or similar descriptions. You may accept or decline Beta Services as offered. Regardless of your decision, you must create an account through the application to access and use the service. The registration process and account management will be governed by the Platform Store rules and these terms.

All Beta Services:

- Are provided solely for evaluation purposes.

- Cannot be relied upon for production use.

- May not be compatible.

- May be subject to additional terms.

Unless otherwise stated, any trial period for Beta Services will expire when a general release of the Beta Services is available or when the Beta Services are discontinued. We may discontinue the Beta Services at any time at our discretion and may never make the Beta Services generally available.

3. THE DEVICE

Device Purchase

To use the service, you must purchase a device, which can be returned for a full refund within thirty (30) days from the initial purchase date. This is subject to the refund and return policies of the platform or place where the device was purchased, as well as the terms established here.

Limited Warranty

We warrant that the device will be free from defects in materials and workmanship for twelve (12) months. If any defect arises within this period, we will repair or replace the device with a new or refurbished product or component at our sole discretion and subject to applicable laws. This limited warranty extends only to you, the original purchaser. Warranty coverage will terminate if you sell the Device, cancel your Subscription, or if the Subscription expires. This warranty does not apply when:

- The device is not used or activated according to written instructions.

- The device is damaged due to improper installation, storage, abuse, accident, unauthorized modification, or repair, or any other cause beyond our reasonable control.

- The device is provided without charge under a beta, pilot, developer preview, non-production, evaluation, or similar description.

We will not replace a stolen Device. This warranty gives you specific legal rights. For warranty service, contact info@sonartelematics.com.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY NON-CONFORMING OR DEFECTIVE DEVICE IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE NON-CONFORMING DEVICE DURING THE WARRANTY PERIOD THROUGH OUR WARRANTY PROCESS. WE DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DEVICE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE.

If you have agreed to access the Beta Services, we may provide you with one or more test devices free of charge for use in connection with such services. In this case, the previous clauses regarding device purchase and limited warranty do not apply to you. The test device will be provided only for testing purposes and remains our property. You agree to return the test device upon request or discontinue use of the test device when the Beta Service ends.

ALL BETA SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. Beta services may be terminated at any time, and SONAR TELEMATICS USA LLCdisclaims all obligations and liabilities under these terms for any harm or damage arising from or related to a beta service, including any obligation or liability regarding the device or any customer data. Any customer data entered into beta services may be permanently lost if the beta services are suspended, terminated, or discontinued.

Accident Detection and Notification

SONAR TELEMATICS USA LLCdevices with the minimum firmware and equipment configurations are equipped with sensors and use software that allows for the detection of events related to vehicle impacts. Depending on the capabilities of the sensors and software, qualifying vehicle impact events ("accidents") will be displayed in the SONAR TELEMATICS USA LLCapplications and the SONAR TELEMATICS USA LLCuser website. Additionally, fault notifications will be available through SMS messages, push notifications, or emails. However, ACCIDENT DETECTION AND NOTIFICATION MAY NOT BE AVAILABLE IN CERTAIN CASES, such as when the SONAR TELEMATICS USA LLCdevice is damaged or when cellular or other signals are unavailable or intermittent. If the device experiences a loss of wireless service, no data will be transmitted.

While reasonable care has been taken in designing the device's sensors and software to successfully detect impact events indicative of a car accident, there is a high likelihood that not all vehicle impact events will be considered a car accident. Some detected impact events will not be indicative of a car accident. Events including, but not limited to, the following may cause detected impact events that may be reported as an accident: Sudden closing of doors, trunk, cargo areas, and engine hood, connecting or towing trailers, loose and shifted cargo.

Similarly, despite care taken in designing and processing the correct sending of SMS, push notifications, and emails to notify designated contacts about an accident, no guarantees are offered that such alerts or notifications will be received satisfactorily.

Based on the above:

- Not all detected impact events will be considered an accident.

- Not all detected impact events will be displayed in SONAR TELEMATICS USA LLCapplications or on the SONAR TELEMATICS USA LLCwebsite.

- Not all detected impact events will result in a Notification.

- Not all SMS messages, push notifications, or emails will be received by the designated recipients.

OBD II Port Communication Issues

The device needs the power supplied by the vehicle's battery to function properly. If the battery runs out, the device will shut down instantly, which could affect its operability. Additionally, it is essential that the vehicle's OBD II communications are stable and functioning properly for the SONAR TELEMATICS USA LLCServices to operate optimally. If these communications are unreliable or problematic, the device will not be able to collect the necessary information about the vehicle's condition and other specific data, which could affect its functioning.

3. PRIVACY

The privacy of your information is a priority for us. Our Privacy Policy is essential and forms an integral part of these terms and conditions. We suggest you review it carefully before using our services. This policy may be updated regularly, so be sure to review it periodically to stay informed of any changes. If you do not agree with our Privacy Policy, we recommend that you do not use our products or services or acquire a subscription.

5. USE OF THE USE OF THE SERVICE FEATURES AND CERTAIN LIMITATIONS

Use of the Service

You are fully responsible for and assume all risks related to the use of the Service in your vehicle. It is recommended to use the Service only under safe conditions, as failure to do so may result in serious accidents that endanger life. You are required to comply with all applicable laws, regulations, and directives, as well as the requirements set by relevant authorities in connection with the use of the Service and the Device. As the account holder, you are responsible for all activities performed by users of the Service and the Device associated with your account. Therefore, it is your responsibility to inform all other users that their access and use of the Service are subject to these Terms, including the Privacy Policy, and to ensure that all other users of the Service and the Device comply with these terms.

ALWAYS OPERATE THE VEHICLE SAFELY. DO NOT USE THE APPLICATION WHILE DRIVING AND ALWAYS BE FULLY AWARE OF ALL DRIVING CONDITIONS. Do not attempt to inspect or adjust the device while driving; stop safely before attempting such actions. You assume full responsibility for the safe operation of the vehicle, expressly acknowledging and agreeing that it is your responsibility to ensure, for yourself and any other users or occupants of the vehicle, the exercise of prudent judgment and compliance with traffic laws, as well as all other applicable laws and regulations when operating the vehicle, accessing and/or using the Service, allowing others to use your vehicle, and/or evaluating whether the use of any Service feature is safe and legal under given circumstances.

Service Features and Providers

The Service includes various features referred to as "Service Features," as detailed in these Terms, in the Application, and on the SONAR TELEMATICS website www.sonartelematics.com. These service features are provided by us, our affiliates, or third-party providers, which may include wireless service providers, equipment and software manufacturers, developers, licensors, content providers, and any other person or entity offering services, equipment, content, features, or facilities related to the Service. We reserve the right to modify, suspend, or discontinue the availability of any Service feature, database, or content at any time. We may also impose limits on certain features and aspects of the Service or restrict access to parts or all of the Service without notice or liability.

Vehicle Location Services

Some Service features rely on tracking the location of your vehicle. To provide these functions, we use the data collected by the Service while the Device is properly installed in your vehicle. This data may include information about the use, operation, location, performance, and other driving behaviors of your vehicle. By subscribing to the Service, you consent to the collection of this data as part of the Service. Additionally, you agree to use the Service and the location information provided solely for legal purposes and in accordance with these Terms, complying with applicable national and international laws and regulations. To stop collecting and transmitting location and vehicle data, simply remove the device from the OBD port of your vehicle.

THE SECRET USE OR NON-CONSENSUAL USE OF THE SERVICE TO COLLECT OR TRACK INFORMATION ABOUT OTHERS AND ANY OTHER USE THAT VIOLATES THE LAW IS PROHIBITED. IT IS YOUR RESPONSIBILITY TO USE THE SERVICE IN A MANNER THAT COMPLIES WITH THE LAW AND DOES NOT CAUSE HARM. It is your responsibility to notify all users or occupants of your vehicle that the location and data collection features are active and allow you to access information about the vehicle, including its location.

You represent, warrant, and agree that you will not sell or transfer the device to another user and that you will not sell or transfer the title of your vehicle or return a leased vehicle to its owner without first removing the device. This is important to help protect your use of the service and your information and to avoid being charged for the service after the sale or transfer of your vehicle. IF YOU SELL OR TRANSFER YOUR VEHICLE, YOU MUST REMOVE THE DEVICE AND NOTIFY US THAT YOU WISH TO CANCEL YOUR SERVICE.

THE SERVICE IS NOT INTENDED AND SHOULD NOT BE USED AS A STOLEN VEHICLE LOCATION AND RECOVERY SERVICE.

Notifications

As part of the Service, you may (if enabled) receive automatic notifications, text messages, alerts, emails, or other types of messages sent to you directly outside or within the Application. You have control over the Notification settings and can choose to receive or decline these Notifications through the Service (with the possible exception of service announcements and important, infrequent administrative messages). Note that third-party messaging rates may apply for some Notifications based on your messaging plan with your wireless service provider, and we are not responsible for any incurred charges.

Vehicle Diagnostics

The Service monitors your vehicle’s onboard diagnostics using the data collected by the Service while the Device is properly installed in your vehicle. It is important to note that the Service does not cover all vehicle diagnostic codes nor does it detect all conditions that may affect your vehicle’s operation. Along with the other limitations of liability set forth in these Terms, you acknowledge and agree that we assume no responsibility for mechanical or performance issues related to your vehicle. The information retrieved by the Device may vary between different vehicles due to differences between manufacturers, models, and years of manufacture. Consequently, you may not have access to certain Service features available to other users subscribed to the same service.

VEHICLE DIAGNOSTICS SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE DESIGNED TO HELP IDENTIFY THE POSSIBLE SOURCE OF A PROBLEM BASED ON ACTIVATED DIAGNOSTIC CODES AND ARE NOT DESIGNED TO REPLACE IN-PERSON SERVICE EVALUATIONS. YOU SHOULD ALWAYS OBTAIN PROFESSIONAL ASSISTANCE FROM A VEHICLE SPECIALIST FOR THE DIAGNOSIS AND REPAIR OF ANY ERRORS OR OTHER ISSUES WITH YOUR VEHICLE.

Cellular Service

The Device is equipped with a SIM card that connects to a cellular network provided by a third-party wireless service provider. The cellular service is covered by your Subscription, and no additional charges will apply for this service. In this regard, you must comply with all terms of service of the wireless service providers and/or third parties supplying the connectivity to these networks (the "Wireless Service Terms"), which are subject to periodic updates. Currently, the Service is available in the United States, Canada, Mexico, and Ecuador. The cellular service included in your Subscription is intended exclusively for use with the Service and not for other purposes or applications.

The location of your vehicle, particularly in remote or enclosed areas, may affect the availability and quality of the Service we can provide. The Service generally operates using wireless communication networks from our wireless service providers and the satellite network of the Global Positioning System (GPS). The Device receives GPS signals and communicates with our data centers and those of our affiliates or providers using wireless and fixed communication networks. As such, the service cannot function unless your vehicle is in a location where our wireless service providers and/or their roaming providers have coverage, network capacity, and reception. The aspects of the Service involving your vehicle’s location information cannot function unless GPS satellite signals are unobstructed, available in that location, and compatible with the Device.

Wireless Service

Wireless service availability may vary based on location and time. Therefore, the service provided by SONAR TELEMATICS may not be accessible in all areas or at all times.

Global Positioning System (GPS)

The Device requires GPS service to determine its precise location; however, GPS coverage may not be available in all locations or at all times. If GPS location data is unavailable, SONAR TELEMATICS may not be able to provide your precise location for any applicable Service Features.

Force Majeure Events

Various conditions beyond our control may prevent or delay us, our affiliates, or our providers (or other third parties) from providing the Service offered by SONAR TELEMATICS. These conditions may also affect the quality of the Service you or your vehicle may receive. Some of these conditions include atmospheric, geographical, or topographical conditions (such as buildings, hills, or tunnels); improper installation of the device; incompatibility of the Device with your vehicle; damage to or lack of maintenance of your vehicle; adverse weather conditions; failure, congestion, or outages of public services or wireless networks (including wireless service interruptions), as well as wars, acts of God, natural disasters, labor strikes, or other acts, forces, or causes beyond our control, our affiliates, and our providers (or other third parties). If any of the above prevents or interferes with our provision of the Service, we may, at our discretion, suspend or terminate the Service (in whole or in part) or cancel your subscription without notice and without any commitment or liability. Additionally, we, our affiliates, and our providers (or other third parties) are not responsible for any Service or failures, interruptions, delays, or deteriorations of the Device due to these causes. The above-mentioned conditions are illustrative and not exhaustive, and the provisions in this clause are not limited to these causes.

6. INDIVIDUAL USER DATA

We and our providers may obtain and collect information (including personal information) that you provide directly (e.g., your name, account credentials, email address, phone number, business contact information, vehicle identification number, among others) and/or through the Device, including information related to the location of your vehicle, vehicle operation, information, and vehicle performance. Our data collection and use policies regarding individual user data privacy are set forth in our Privacy Policy.

If you are an owner of individual user data, by accepting these terms and conditions, you grant us a non-exclusive, transferable, sublicensable, worldwide, and royalty-free license to use, copy, modify, create derivative works based on, display, and distribute individual user data in connection with the operation and provision of the service. Additionally, you agree that we may collect and use analytics, statistics, or other data related to individual user data and your use of the Service for: (a) Providing the Service; (b) Reporting on the use and performance of the Service; (c) Providing you with notifications, alerts, reports, and other information related to the use of the Service and your vehicle; (d) Conducting market research and product development; (e) Analyzing and improving our services, including the provision of relevant advertising to you; (f) Enforcing these Terms of Service and our Privacy Policy; and (g) Meeting legal, regulatory, and compliance requirements.

Third-Party Websites

The website may contain links to third-party websites. SONAR TELEMATICS USA LLCis not responsible for the content, integrity, accuracy, or opinions expressed on such third-party websites. The inclusion of any linked website on the website does not imply endorsement, approval, or agreement by SONAR TELEMATICS USA LLCwith the content of the website. If you choose to access third-party websites, you do so at your own risk.

Third-Party Advertisements/Applications

SONAR TELEMATICS USA LLCis not responsible for third-party advertisements or applications posted on the website or through the website, nor does it assume any responsibility for the goods or services provided by its advertisers.

7. INTELLECTUAL PROPERTY/OWNERSHIP

SONAR TELEMATICS USA LLC(and/or its affiliates or suppliers) is the sole owner of all rights, titles, and interests (including all intellectual property rights) in and to: (a) The Service, including, but not limited to, the software and all improvements, updates, modifications, or derivative works thereof, (b) Any data or analysis derived from or generated by the Service, including individual user data, and (c) All feedback, communications, and suggestions regarding the Service provided by you or your authorized users. Additionally, we retain ownership of any firmware incorporated into the Device, although you remain the owner of the Device.

Provided you comply with these terms, you and your authorized users will receive a limited, revocable, non-exclusive, non-transferable license, without the possibility of assignment or sublicensing, to access and use the Service solely for the purposes set forth during the period of your Subscription. Apart from this license, all intellectual property rights in the Service are expressly reserved, and no other rights or licenses, whether express or implied, are granted.

Limitations:

You may NOT: (a) Rent, lease, resell, assign, or otherwise transfer rights or access to the Application, Software, or Service; (b) Distribute, copy, reproduce, display, republish, or transmit any part of the Application, Software, or Service; (c) Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Application, Software, or Service or any related software or programming; (d) Use any device, software, methodology, or routine to interfere with the proper functioning of the Device or the Service or the servers or networks connected to it; or (e) Otherwise interfere or disrupt the proper operation or use of the Service in a manner that harms us or any of our other customers.

Occasionally, we may introduce updates to the Software, which may be performed remotely without prior notice. These updates or modifications to the Software may impact the data or metadata stored in the Service, including the possibility of affecting or deleting them. We assume no responsibility for the loss or modification of data or metadata resulting from a software update or modification.

All trademarks, logos, and service marks associated with the Service, including those displayed on the Device, are the registered or unregistered property of SONAR TELEMATICS S.A.S, our affiliates, or suppliers. Nothing in this document or in the Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any trademark without our express written consent.

The Service may include software subject to open-source license requirements. All open-source software present in the Service is provided without any warranty. This software is subject to the copyright of its respective authors and the terms of the applicable licenses listed in the corresponding documentation.

8. NO WARRANTIES

Except for the limited Device warranty described in Section 3, THE SERVICE (including, but not limited to, the Application, Software, and Device) IS PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. Without limiting the foregoing, WE EXPRESSLY DISCLAIM ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE.

We do not guarantee the operation, performance, or availability of the Service, nor that it will continue to exist for any period of time. We do not warrant that the Service will be free from errors, interruptions, corruption, attacks, viruses, interference, hacking, or other security intrusions, and we disclaim any liability related to the same.

9. LIMITATIONS OF LIABILITY AND INDEMNIFICATION

To the extent permitted by law, SONAR TELEMATICS USA LLCand its affiliates or suppliers SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION, SOFTWARE, AND DEVICE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

To the extent permitted by law, our total liability will never exceed the amounts you have paid for the Device and the Service. These limitations and exclusions will apply even if we knew or should have known about the possibility of the damages and regardless of whether such damages arise from negligence, tort, or breach of contract. These limitations will remain in effect after the termination or expiration of these Terms and will apply to you, your authorized users, or anyone using the Service or Device or making a claim on your behalf.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless SONAR TELEMATICS S.A.S, its employees, affiliates, and suppliers from any damage, loss, or expense (including, but not limited to, legal fees and costs) that we incur in connection with any claim, demand, or action resulting from: (a) any violation of applicable laws or regulations by you (or by anyone using your account, with or without your permission, to access the Service); (b) your use of the Service; (c) violation or infringement of contractual, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights arising from your use of the Service; and (d) your breach of any provision of these Terms.

10. OUR TERMINATION RIGHTS

We may suspend or terminate your access to the Service if we detect fraud or a violation of these Terms, including a breach of platform store rules or the applicable terms and conditions of our suppliers. This suspension or termination may be immediate and without prior notice. In addition to other termination rights mentioned in these Terms, we reserve the right to discontinue the provision of the Service or any feature thereof at any time, with thirty (30) days prior notice.

11. GOVERNING LAW

This contract shall be governed by and construed in accordance with the laws of the State of Florida, without regard to any principles of conflict of laws. If any provision of these Terms and Conditions is deemed illegal, void, or unenforceable for any reason, such provision shall be interpreted in the context of this document, without affecting the validity and enforceability of the remaining provisions.

12. ARBITRATION CLAUSE AND WAIVER OF CLASS ACTION LAWSUITS

Arbitration Clause

You agree that any dispute or difference arising from this relationship will be resolved by an Arbitration Tribunal, in accordance with the following rules:

1. The Tribunal will consist of 1 arbitrator.
2. The arbitrator will be appointed by mutual agreement of the parties. If this is not possible, the arbitrator will be appointed by the Arbitration Center at the request of either party.
3. The procedure will be subject to the rules established by the Arbitration Center and will be applied in accordance with the criteria set forth therein.
4. The Tribunal will decide according to the law.

Waiver of Class Action Lawsuits

All disputes between you and SONAR TELEMATICS USA LLC will be arbitrated individually, and you will not file or participate in a "Class Action" or any other form of group action. You and SONAR TELEMATICS USA LLC agree that participating in a Class Action or Mass Action constitutes a substantial breach of this dispute resolution provision, and SONAR TELEMATICS USA LLC may enforce this prohibition.

Informal Dispute Resolution

You agree to attempt to resolve disputes informally before initiating arbitration by contacting our customer service at the number listed on your monthly statement. If our representative cannot resolve your dispute promptly, you agree to notify us of the dispute by sending a written description of your claim to SONAR Customer Service, ATTN: 1073 Willa Springs Dr, Suite 2021, Winter Springs, FL, 32708, USA, along with your address, so we can attempt to resolve it with you.

If we do not resolve your claim within 45 days of your written notice to our customer service department, you may proceed to arbitration. Before doing so, you must inform us in writing of your intention to seek arbitration by sending a notice to the SONAR Legal Department by mail at Attn: 1073 Willa Springs Dr, Suite 2021, Winter Springs, FL, 32708, USA.

13. MISCELLANEOUS

These Terms, along with Section 12, the Privacy Policy, Platform Store Rules, Wireless Service Terms, and any other linked documents (including hyperlinks), constitute the entire agreement between you and us regarding their subject matter, superseding any prior agreements, whether written or oral. If any part of these Terms is not enforceable, it will be interpreted under applicable law to reflect the original intentions, with the remaining provisions continuing in full force and effect. We do not waive any rights not exercised, and you may not assign these Terms to third parties, although we may do so. The course of the relationship between you and us or business practices will not modify these Terms.

14. CONTACT US

We want you to be satisfied with our products and services. If you have any questions or difficulties with the operation or performance of the Service, please contact us at: info@sonartelematics.com