TERMS OF USE
for the mobile application "dashcamUK"
1. GENERAL PROVISIONS
1.1. In this Agreement, the following terms are used in the following meanings:
1.1.1. Administrator - a legal entity created in accordance with the legislation of Ukraine - LIMITED LIABILITY COMPANY "DASHKEMUA"
1.1.2. User - any capable individual who, at the time of their registration in the mobile application "dashcamUK," is 18 (eighteen) years of age or older, has accepted the terms of this Agreement, and is using the mobile application "dashcamUK"
1.1.3. Mobile application "dashcamUK" - a software that helps the user:
a) to record short video clips of traffic violations committed by third parties, save these video clips, and submit them to the Administrator for further action by the Administrator with law enforcement agencies for the purpose of holding responsible parties accountable
b) automatically detect Car Crash, save and immediately send short videos of the collision to the Rescue Services with emergency request for help
1.1.4. Agreement - a contract between the User and the Administrator for the use of the Mobile application "dashcamUK."
1.2. When using the Mobile application "dashcamUK," the User, regardless of their legal status and capacity, shall comply with the rules and restrictions set forth in this Agreement.
1.3. The Agreement, along with all changes and additions, is made available for public knowledge within the Mobile application "dashcamUK."
1.4. The User confirms that they have read and agreed to the terms of this Agreement in full. In case of disagreement with any provision of this Agreement, the User must not use the Mobile application "dashcamUK" or register in it.
1.5. The User agrees to comply with the terms of this Agreement when registering in the Mobile application "dashcamUK." The User's acceptance of the Agreement is achieved by manually checking the corresponding checkbox during the registration process. By doing so, the User confirms that they have read and agreed to the terms of the Agreement and the provisions of the Privacy Policy, which is an integral part of the Agreement. The elements of the application's interface that allow the user to complete the registration process become active only after the User checks the box to agree to the Agreement.
1.6. The Administrator may supplement or otherwise modify this Agreement without prior notice to the User. By registering in the Mobile application "dashcamUK," the User agrees to changes in the Agreement without the need for separate confirmation and approval of such changes.
2. USER REGISTRATION
2.1. To use and gain access to the Mobile application "dashcamUK," the User must register, creating a unique User account.
2.2. When registering, the User is obliged to provide accurate information about themselves by filling out the appropriate registration form. To access the functionality related to reporting traffic rule violations, the User must verify their identity in the Mobile application "dashcamUK" through SMS verification, confirming the user's phone number. To access additional insurance functionality, the User must add information about their vehicle's license plate to the Mobile application "dashcamUK." The above-mentioned information will be automatically uploaded to the user's account. Detailed information about why we collect and how we use your personal data can be found in our Privacy Policy.
2.3. In case the User provides false information during registration or in the future while using the Mobile application "dashcamUK," the Administrator has the right to suspend or cancel the User's account (registration) without prior notice or obtaining any consent from the User.
2.4. In cases where a User's actions may lead to a violation of any applicable laws, human rights, or the possibility of claims against the Administrator or holding the Administrator accountable for such User's actions, the Administrator has the right to immediately block the User's actions and suspend or cancel the User's account (registration) without prior notice or obtaining any consent from the User.
2.5. In the event of repeated spamming of data, the Administrator has the right to automatically block the User's account for three months. In case of repeated spamming from the User's account after its unblocking, the Administrator has the right to fully delete the User's account without their consent.
2.6. The Administrator has the right to delete a User's account if it remains unused by the User for 365 (three hundred sixty-five) calendar days.
2.7. In case of third-party access to a User's account, the User must immediately notify the Administrator for appropriate actions, provided that the User can confirm the legitimacy of their ownership of the account.
2.8. The User is solely responsible for the security of their password and other confidential information. The Administrator shall not be liable for the consequences of the User's loss of confidential information about their personal data (login and password). This provision applies both to the User voluntarily sharing personal data with third parties and to the User's loss of confidential information about personal data beyond their control.
3. PERSONAL DATA
3.1. All matters related to the collection, use, processing, and protection of user's personal data are governed by the Privacy Policy of dashcamUK, which is an integral part of this Agreement and is available in the "dashcamUK" Mobile Application.
The User must review the Application's Privacy Policy before starting the registration and installation of the Application.
4. USE OF THE MOBILE APPLICATION "dashcamUK"
4.1. The mobile application "dashcamUK" is available for free download on a mobile phone from the Google Play Market for Android phones and Apple AppStore for iOS phones.
4.2. The mobile application "dashcamUK" is provided to the User exclusively for non-commercial use, for the purpose of:
- recording traffic violations committed by third parties, saving the corresponding video clip, and forwarding it to the Administrator for further action by the latter with law enforcement agencies for holding the responsible parties accountable;
- detection of car crash with automatic emergency information submission to the Rescue Services;
- providing the User with a service for finding tailored car insurance services;
- other services that may be implemented by the Administrator and accepted by the User.
4.3. The mobile application "dashcamUK" records short, 30 (thirty) seconds long, video clips in a cyclic mode (i.e., after recording the first 30 seconds of video, the next 30 seconds are recorded over the previous ones, erasing the recorded content). In the event the User observes a traffic violation, they must "tap" (briefly touch) the mobile phone screen to transfer already recorded video clip with evidence of violation to the permanent memory of the "dashcamUK" Mobile Application.
4.4. The User has the right to submit to the Administrator a video clip taken with the "dashcamUK" Mobile Application for the Administrator's further action with law enforcement agencies to hold the responsible parties accountable within 24 (twenty-four) hours from its creation. By submitting the video clip to the Administrator, the User confirms the presence of recorded traffic violations in it and agrees to send the video clip to law enforcement agencies to hold the responsible parties accountable, agrees to be a witness in the case of an administrative offense, and assumes responsibility for the authenticity and accuracy of the video clip itself.
4.5. In the event the video clip taken with the "dashcamUK" Mobile Application is not submitted to the Administrator within 24 (twenty-four) hours from its creation, the video clip is automatically deleted from the mobile phone.
4.6. The Administrator, upon receiving a video clip about a traffic violation from the User, independently decides on the advisability of forwarding it to law enforcement agencies and is not responsible to the User for not forwarding such a video clip to law enforcement agencies.
4.7. The Administrator may provide user information to third parties only upon a court request. The procedure for Users' access to their own information is regulated by the Privacy Policy.
4.8. The Administrator is not responsible for the results of the examination of materials and evidences by law enforcement agencies, which were submitted by the User through the "dashcamUK" Mobile Application, for the procedure and timing of such investigations, and for the absence of any response from law enforcement agencies regarding the results of the investigation of such materials.
4.9. The Administrator reserves the right to suspend access to the "dashcamUK" Mobile Application or its part at any time for any reason or without any reason without prior notice to the User.
4.10. Users may only access the service when it is safe to do so as determined solely by User in User’s sole judgment. While using the service, User must obey all laws, rules and regulations, including all Traffic Rules and traffic regulations governing the operation of your vehicle and/or use of User’s mobile device, and User will not access and/or use the service in a manner that violates any law, rule, or regulation. It is User’s sole responsibility to exercise discretion and observe all safety measures required by all laws, including all Traffic Rules and traffic regulations. Users are responsible at all times for conduct and any consequences related to conduct in connection with usage of the service.
4. 11. Users are solely responsible for any damage or harm to any property or person (including to User’s own property and person) in connection with use of the service, and acknowledge and agree that we will have no liability to User or any third party for the same under any circumstances regardless of the cause or action.
4. 12. User acknowledge and agree that location data may be inaccurate, and, without limiting any other terms set forth in these terms, and to the fullest extent permitted by law, “dashcamUK” disclaims any and all warranties related to location-based services, User assume all risks arising from or relating to use of location-based services, and we will have no liability to User or any third party in connection with any location data.
4. 13. We provide Users with an opportunity to record video footage of activities that occur outside and inside User’s vehicle accompanied with audio sound. Users are solely responsible for ensuring that all such recordings, disclosure or other exploitation of the same comply with all applicable laws, rules or regulations, including any relating to the privacy or other rights of individuals (including passengers inside the User’s car) arising under the laws of any jurisdiction, and we will have no liability to User or any other party in connection with the same.
5. RESTRICTIONS ON THE USE OF THE MOBILE APPLICATION "dashcamUK"
5.1. When using the Mobile Application "dashcamUK," the User can download videos capturing third-party violations of Traffic Rules (hereinafter referred to as "Information") to their phone but is restricted from publicly sharing such videos. The Administrator is not responsible for such actions of the User. The User is personally responsible for the accuracy and truthfulness of the information recorded in the video, which is transmitted to the Administrator.
5.2. The Administrator reserves the right to disable download and may, at any time, delete or block Information at their discretion, for any reason, without notifying the User or obtaining their consent.
5.4. The User agrees not to use the Mobile Application "dashcamUK" to transmit, post, or distribute information in any way that is illegal, threatening, defamatory, offensive, violates copyright, spreads hatred and/or discrimination against individuals based on any characteristics, contains insults and claims against other Users, the Administrator, or any third parties whose rights are established by the laws of England and Wales, and other relevant regulatory acts. Also, the distribution of any erotic, sexual, or pornographic content through the Mobile Application "dashcamUK" is prohibited. If the Administrator incurs any losses due to the User's placement of unlawful information, the User must fully compensate these losses to the Administrator.
5.5. Information must not contain:
- Any form of discrimination;
- Representation of yourself as another person or representation of an organization and/or community without the necessary rights, including representing employees and owners of the Administrator, as well as misleading information about the properties and characteristics of any subjects or objects;
- Materials that the User is not legally authorized to make available, either by law or through contractual relationships;
- Materials that infringe on the rights of any patent, trademark, trade secret, copyright, or other proprietary and/or intellectual property rights of third parties;
- Advertisements in any form, pushing products, work, or services in any other way;
- Materials containing computer code designed to disrupt, destroy, or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access, as well as serial numbers for commercial software products, logins, passwords, and other means of obtaining unauthorized access to paid Internet resources.
5.6. When using the Mobile Application "dashcamUK", Users are prohibited from engaging in any actions that violate or may result in a violation of the laws of England and Wales or the laws of another state in which the User resides, as well as relevant norms of international law. In particular, videos filmed by the driver holding the phone in his hands while driving will not be accepted.
5.7. The User's account in the Mobile Application "dashcamUK" may be deleted or temporarily blocked by the Administrator without prior notice to the User and without their consent in the following cases:
5.7.1. A video of a third-party violation of traffic rules, transmitted by the User to the Administrator for further initiation of proceedings against the responsible parties by law enforcement authorities, contains signs of interference, alteration, or editing.
5.7.2. The User provided false information during registration.
5.7.3. The User is sanding spamming information - video of violation of the Traffic Rules, transmitted by the User to the Administrator for further investigation against the responsible parties by law enforcement authorities, does not contain information about violations of traffic rules by any third parties.
6. RIGHTS AND WARRANTIES OF THE ADMINISTRATOR
6.1. The Administrator guarantees that the property rights to the intellectual property of the Mobile Application "dashcamUK", including any of its components such as the software code, design elements, text, graphics, illustrations, videos, and other objects of intellectual property, belong to the Administrator.
6.2. All property rights to videos recorded using the "dashcamUK" application belong to the Administrator.
6.3. The conclusion of this Agreement does not infringe upon the intellectual property rights of any third party. In the event of any claims or lawsuits by third parties regarding the User's use of the Mobile Application "dashcamUK," the Administrator undertakes to settle such claims or disputes independently and at their own expense.
6.4. This Agreement does not grant any rights or permissions to the User to use the Mobile Application "dashcamUK" in any way other than as specified in this Agreement.
7. LIMITATIONS OF LIABILITY OF THE ADMINISTRATOR
7.1. The Administrator is not responsible for damage to life and health, any direct and/or indirect losses, material and/or non-material damage, obligations, or losses incurred as a result of the User's use or non-use of the information posted in the Mobile Application "dashcamUK", as well as the inability to access or use the Mobile Application "dashcamUK"
7.2. The Mobile Application "dashcamUK" is provided for use by Users "as is." The Administrator is not responsible to the User for the Mobile Application "dashcamUK" not meeting the User's expectations and/or not being provided without interruptions, reliably, or without errors. The Administrator is not responsible for any changes, temporary or permanent cessation of the functioning of the Mobile Application "dashcamUK" or any of its parts.
7.3. The Administrator does not guarantee continuous or unconditional access to the Mobile Application "dashcamUK". The functioning of the Mobile Application "dashcamUK" may be disrupted by force majeure events and other factors that are beyond the control and capabilities of the Administrator.
7.4. The Administrator is always ready to consider the wishes and suggestions of any user.
8. FINAL PROVISIONS
8.1. This Agreement is governed and interpreted in accordance with the laws of England and Wales. Matters not regulated by this Agreement shall be resolved in accordance with the current legislation of England and Wales.
8.2. All possible disputes arising from the relations governed by this Agreement shall be resolved in accordance with the procedure established by the current legislation of laws of England and Wales at the location of the Administrator.
8.3. Considering the free use of the Mobile Application "dashcamUK", the consumer protection norms provided for by the legislation laws of England and Wales shall not be applicable to the relations between the User and the Administrator.
8.4. Nothing in the Agreement can be construed as establishing agency relations, mandates, partnership relations, joint activity relations, employment relations, or any other relations not directly provided for by this Agreement between the User and the Administrator.
8.5. If, for any reason, one or more provisions of this Agreement are found to be invalid or unenforceable, it does not affect the validity or applicability of the remaining provisions of the Agreement.
8.6. Inaction on the part of the Administrator in the event of a User's or other Users' violation of the provisions of the Agreement does not deprive the Administrator of the right to take appropriate actions to protect their interests later, nor does it imply a waiver of the Administrator's rights in the event of similar or similar violations by Users in the future.
CONTACT INFORMATION:
LLC "DESHKEMUA"
Legal Entity Identification Number: 44338175
Address: Ukraine, 03150, Kyiv,
Antonovycha Street, Building 124/128
E-mail: dashcamUcontact@gmail.com
Last modified:
September 23, 2023