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CDL PROTECT “HORUS GPS” SERVICE PROGRAM AND EUL AGREEMENT

Definitions:

“Horus GPS” also below referred to as ”CDLP CDL” and “Horus GPS”

Is a project of CDL Protect with various manufacturers and developers.

Horus GPS may refer to the GPS Telematics Solutions (Web Platform, Mobile App, and GPS Tracker)

“Service Provider” includes but is not limited to; Any third-party Towing, Recovery, Vendor, Roadside Repair, Tire Shop and any other Third-Party Provider of any Products and/or Services

 

Terms & Conditions

Last Updated – December 13, 2022

 

Your participation in the Horus GPS program (CDLP GPS) and use of our application for is expressly conditioned on your acceptance of these terms and conditions. If you do not agree with any part of these terms and conditions, you should not participate in CDLP GPS.

CDL Protect (CDL Protect) reserves the right to modify the terms and conditions at any time. Modifications to these Terms and Conditions can be viewed by logging in to your membership through CDL Protect.com. Continued participation in Horus GPS by you will constitute your acceptance of any revisions to these terms and conditions. Please check this page regularly.

 

About Horus GPS Mobile

 

CDL Protect offers a GPS based addon program, called Horus GPS, which allows customers to inure additional benefits including possible safety and recovery assistance. With Horus GPS, you may be more safe on the road.

Customers who enroll in the mobile application version of Horus GPS use their smartphone to collect data through the App. CDL Protect will use this data to transmit electronic data to CDL Protect.

To participate in the Horus GPS mobile program, each customer agrees to download the App, complete the registration process, and keep the App enabled while driving unless notified by CDL Protect.

 

About the Horus GPS Hardware

Waiver of Warranty of Merchantability or all other Warranties: 

THE PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND SELLER EXPRESSLY DISCLAIMS, AND BUYER HEREBY EXPRESSLY WAIVES, ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER DOES NOT REPRESENT OR WARRANT THAT: (i) THE PRODUCT WILL MEET BUYER'S REQUIREMENTS, (ii) THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, (iii) ERRORS IN THE PRODUCT WILL BE CORRECTED, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE EFFECTIVE, ACCURATE OR RELIABLE OR, (v) THE QUALITY OF THE PRODUCT OR ANY WORK PRODUCT RESULTING FROM USE OF THE PRODUCT WILL MEET BUYER’S EXPECTATIONS.

Waiver of Warranty of Make/Model/Specification/Conformity:

The GPS unit supplied is not guaranteed to be of any make, model, specification. The GPS unit is not warranted to conform to any specific criteria or usage specification. The GPS unit is intended to interface with the App and provide data but it may not function properly or at all. It is upon you to confirm that CDL Protect is receiving data once you have enrolled in the program. You agree to hold harmless and waive liability of CDL Protect for the GPS unit’s failure to function as intended. CDL Protect may contact you if they find that information transmitted by the GPS unit has ceased being transmitted unexpectedly. Such contact will not be deemed a waiver of this provision.

 

The Mobile App for Horus GPS

 

Eligibility. Eligibility for the Horus GPS program using the App is determined by whether (a) all members have an iPhone® or AndroidTM smartphone, (b) all vehicles are eligible for Horus  GPS mobile and (c) all members enroll in Horus GPS. Permit drivers are not considered eligible. Drivers that are leasing the equipment must have express signed consent by the owner of the vehicle that the GPS Unit is to be installed.  Its highly illegal to install this device on a vehicle that doesn’t specify you as “owner” on the Vehicle Title.

Exclusion: Signed and Notarized Express Consent by the owner. in which the “owner” of the vehicle acknowledges that he is informed of such installation and agrees to proceed forward.

In such case, the Vehicle/Equipment owner MUST be provided  “Account Credentials”

 

Qualifications based on Ownership:

To qualify for ordering the devices and using platform or mobile app, the member / ”vehicle owner” must provide the title of the vehicle where he intends to install the vehicle.

The Member/“vehicle owner” must send a notarized statement of goodwill, that won't use any features of the device, platform, or mobile app with any intent to cause harm or any other type of intended malice towards the driver.

Further more The owner agrees that he won't use the device as a tool of extortion, blackmail or any other vengeful or other retaliatory manner

 

Plan Transferability:

In case that the vehicle with installed device  is sold to another party

The vehicle owner/”seller MUST Disclose that the vehicle is  Equipped with “anti - theft - Gps Device”

And all of its features.

Furthermore - Member/vehicle owner Must disclose such transfers of ownership Immediately to CDL PROTECT - and provide the Vehicle Buyer’s contact information.

 

Enrollment. Enrollment in the Horus GPS addon plan will occur upon completion of the following steps:

You enroll in Horus GPS, either online, over the phone, or through your CDL Protect agent (where available);

You provide a valid e-mail address; Company details, Vehicle Details and

You accept these Terms and Conditions for participating in the Horus GPS program and

All drivers enrolled in Horus GPS register the App within 45 days after enrollment.

Getting the App. You can download the App from Google Play Store and on the web  at https://horusgps.us

 

Registration.

Each “Vehicle Owner” and qualified eligible member that has ordered a gps device, will be supplied with account credentials which they can use to access online and mobile app accounts.

 Each “Vehicle Owner” and qualified eligible member that has ordered a gps device, will need to acknowledge the Mobile Application for Horus GPS Terms and Conditions and the Horus GPS Privacy Statement to complete registration; if not, the registration will be unsuccessful. The App should be kept on all necessary personnel (Company Owners, Fleet Managers, Dispatch, Safety Personal, Vehicle Owners) phone devices, so all the alerts will be monitored and addressed accordingly

Data collected. Once downloaded and registered, the App will run in the background and collect driving and phone sensor data (“Horus GPS Data”), which will be uploaded to CDL Protect and available for review through the App. Horus GPS Data includes vehicle speed and location using GPS, time information, phone usage, and data from the phone’s sensors. Other information, such as trip duration, trip regularity (taking the same routes on a regular basis), and rates of acceleration and braking, is derived from speed, location, and time information. Location information may be used for underwriting purposes, to detect whether an accident may have occurred, stolen or lost vehicle tracking, or to assist in resolving legal issues or claims, as further described in Acknowledgement / Consent; and for research and development purposes. Phone and App analytics information is also collected, as described in the CDL Protect Privacy Statement, located at [[PRIVACY POLICY LINK)]]

Collection of your Horus GPS Data will begin on your first contact date, which is the latter of when App registration is successfully completed or the effective date of your membership.

 

Safe Use of the Application. When using the App, please ensure that you:

 

Obey all traffic laws, including any laws that restrict the use of mobile devices while driving;

Use the App only when it is safe to do so and when it will not create any unnecessary distraction; and

Do not use the App for any illegal, hazardous, or unauthorized purposes, or in a manner that is not consistent with these Terms and Conditions.

Ownership, License. The App is the property of CDL Protect and its service provider, and is provided for each vehicle you enroll for participation in Horus GPS. You are hereby granted a fully paid, nonexclusive, non-sublicensable, non-transferable, time-limited, revocable license to use the App subject to these Terms and Conditions. CDL Protect and its service provider retain all right, title, and interest in and to the App. You may not reverse engineer, disassemble, decompile, alter, duplicate, translate, make copies, or create derivative works from the App, except to the extent allowed under applicable law. If applicable law permits such activities, any information discovered as a result of these activities must be promptly disclosed to CDL Protect and is deemed to be the confidential and proprietary information of CDL Protect and its service provider.

 

The App contains certain third party software licensed under Open Source licenses.   See the App’s End User License Agreement for the applicable notices and licenses relevant to that software.

Deleting the App.  If the App is deleted, you may be opted out of the Horus GPS program. See “Horus GPS Pricing – Ending your enrollment” below for details.

 

Intended Use and Purpose:

Any Permissible Use and Usage of of this Software/hardware  must comply with the following:

  1. The Carrier will use this technology( hardware and software) ONLY for its intended Purposes Which are :

               Fleet Management

               Monitoring Daily Activities of the Fleet

               Theft-Prevention


 

  1. The Carrier Will use the full power of features of this device in goodwill and without any intend of malice.

  2. The Carrier Will not use this device in a matter of “retaliation against drivers”

  3. “Remote Anti-theft Feature can and will be used only when the situation justifies the use satisfies all of the below rules and requirements :  

  • Doesn’t cause any potential harm, damage ,injurie or death

  • Doesn’t violate any Human or Employee rights

  • Doesn’t Violate any State and/or Federal Laws

 

  • The “Member/”User Must Refresh the Vehicle Location and ensure that the vehicle is PARKED or IDLING  and Must ensure that the “Device” is “Online” meaning responds to the” inquiry for the request for location Update.

  1. This Device Is solely permissible to be  installed in vehicles for which “The Member”/Carrier” are the “Legal Owner” of the vehicle -

 Meaning if “Member’s”/ “Carrier’s” name is specified on the “Title of Ownership” of the vehicle.

  1. Installation of this vehicle of a vehicle that you don’t own is Highly Illegal and The Unauthorized user will be solely responsible for such actions in the court of Law.

  2. The Member/Carrier Shall under any circumstances engage in to any disassembling, reverse engineering or unintended use  of the Software or Hardware, Web Platform Or Mobile Application


 

Acknowledgement/ Consent

By enrolling in Horus GPS, you represent that you have the consent of each Horus GPS participant to (a) provide information collected by the smartphone to us, and (b) permit us to retain and use the information as described in these terms and conditions. Once the Horus GPS Data is sent to us, the recorded information will remain on the smartphone for a limited time for viewing, and then be deleted. CDL Protect will retain information collected or derived from the App as required by our record retention policies.

Horus GPS Data may be useful in determining the cause of an incident or accident (“Accident”). If you’re in an Accident, you may have a legal obligation to preserve the information on your phone. This information may be sought by opposing parties in a civil lawsuit or by police when investigating the cause of an Accident, or we may be legally obligated to provide such information in response to a subpoena or as otherwise required by law.

You agree we may monitor and analyze Horus GPS Data for detecting whether an Accident may have occurred and for” Commercial Roadside Dispatch Services” to help locate the exact location of the vehicle” and providing that location to a third-party Service provider . If your data is potentially relevant to an insurance claim, you agree we may use Horus GPS Data to assist in resolving the claim.  This may include, but is not necessarily limited to, validating the circumstances of the Accident, such as date and time of loss and crash location; making liability and coverage determinations, and conducting investigations of membership and/or claims fraud and material misrepresentation; and any potential subrogation or litigation involving the claim. However, you agree that CDL Protect has the discretion to deny unlawful requests or unlawful subpoenas for the above information.

The App temporarily stores Horus GPS Data on your smartphone, and then uploads it for processing by CDL Protect. Transmission of Horus GPS Data uses a portion of data on your cell phone plan. The online connection required to use the App, and any associated charges (e.g., mobile data expenses) incurred by your use of the App, are your exclusive responsibility and made solely at your expense.

For most smartphones, battery consumption is negligible when not collecting Horus GPS Data. When driving, battery consumption is comparable to other driving and navigation apps. If the phone’s battery power is low, the App will reduce the data collected to conserve energy. Care should be taken to charge the battery while driving if you take longer trips.

 

Horus GPS Data

Privacy. We're committed to protecting your privacy and earning your trust, and understand you may have questions about how we use the Horus GPS Data we collect. In addition to our commitment to you in our Privacy & Security Policy at CDL Protect.com, we explain what we will and won’t do with Horus GPS Data in our Horus GPS mobile Privacy Statement, located at www.cdl.club/privacy-policy

Viewing Horus GPS Data. Customers will be able to review reports on their driving habits produced from Horus GPS Data through the App. Location information and trip maps are only available on the individual phone which collected the information.

Limited Horus GPS Data for all Horus GPS participants will be available to customers who log into their account online or via the CDL Protect mobile app. No location data for other phones will be available – just summaries of hard braking, hard accelerations, time of day, distracted driving and mileage.

 

Communications

We will periodically send you reminders and other information through the App, by email, and/or by phone while you’re participating in Horus GPS.

 

Your Representations

You represent and agree that:

You are solely responsible for any data charges resulting from your use of the App;

The App is intended for use by users who are of the legal age required by your state to hold a driver’s license; and in any case, that you are at least 18 years old;

You are not on any U.S. Government list of prohibited or restricted parties.

Disclaimer / Limitation of Liability

YOU UNDERSTAND THAT THE APP, INCLUDING OPEN SOURCE SOFTWARE INCORPORATED THEREIN, IS, TO THE FULLEST EXTENT PERMITTED BY LAW, BEING PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.   YOU AGREE THAT WITH REGARD TO YOUR USE OF THE APP THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, CDL PROTECT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES OF ANY NATURE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF IT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS OF OPEN SOURCE CODE USED IN THE APP BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

CDL Protect reserves the right to modify or terminate the Horus GPS program at any time and for any reason.


 

Roadside Assistance/Theft Response

 

In your state or situation, the App may be used both as GPS Locator/Tracker and as a powerful anti-theft device.  In case the Member, or other “authorized company representative requests “Roadside Dispatch/Assistance Services”  We use the sensors in your installed Horus GPS Device to obtain the exact location of where you are located for the purposes of sending to detect if you are in a major motor vehicle collision or theft (“Event”).  Accident Alerts/Vibration Alerts is turned on by default, but you can turn it off in the Settings within the App. 

When Roadside  RESPONSE is requested, you expressly consent to allow CDL Protect and/or its vendor(s) to contact you or your device by push notification, in-app message, text message, or phone call, including through use of an automatic telephone dialing system, in connection with the detection of an Event.  You also consent that any call made to you or your device may be recorded.

If an Event is detected and an ambulance or tow is dispatched, we will automatically open an investigation under your membership.  We may or may not follow up by contacting you depending upon the investigation results. We will not automatically open a investigation if only a tow is dispatched, and you pay for that tow out of your own pocket when service is rendered.   

The App is intended to detect major Events, but may not detect all Events. Additionally, the App may incorrectly identify some non-collisions as Events.  You will be required to pay for ambulance, investigative, any types of damages or repairs and/or towing services.

Roadside Assistance/”Accident Response” will only be available while the App is installed and all required permissions are enabled. Accident Response is available to eligible members in states where the App is available. Accident Response will only detect Events and provide tow and ambulance services in the 48 contiguous United States, plus Alaska, Hawaii, and the District of Columbia; and only when the App is actively monitoring driving.

CDL PROTECT AND ITS VENDORS DO NOT WARRANT OR GUARANTY THAT ACCIDENT OR THEFT RESPONSE PROGRAM SERVICES WILL WORK IN ANY OR EVERY CIRCUMSTANCE, DETECT AND/OR REPORT ANY OR ALL COLLISIONS, AVOID ANY FALSE POSITIVES, OR THAT AN AMBULANCE OR TOW WOULD BE PROVIDED IF AN EVENT OCCURS, EVEN IF REQUESTED.  WITHOUT LIMITATION, HARDWARE ISSUES OR FAILURES MAY PREVENT EVENT DETECTION, LIMITATIONS OR ERRORS IN THE ALGORITHM, AND PROCESSES USED BY THE APP MAY NOT FUNCTION PROPERLY.  THE ACCIDENT RESPONSE PROGRAM IS NOT A REPLACEMENT FOR 911. YOU ARE ENCOURAGED TO ALWAYS DIAL 911 IMMEDIATELY IN THE EVENT OF A SERIOUS CRASH, OR A CRASH INVOLVING INJURY.

YOU UNDERSTAND THAT CDL PROTECT AND ITS VENDORS CANNOT ASSURE YOU, OR MAKE ANY GUARANTEES, ABOUT THE MANNER OR TIMELINESS OF THIRD-PARTY EMERGENCY RESPONSE OR EVEN WHETHER THIRD PARTY EMERGENCY RESPONDERS WILL IN FACT RESPOND TO YOUR EMERGENCY AT ALL.  IN NO EVENT SHALL CDL PROTECT AND ITS VENDORS BE HELD LIABLE IN INSTANCES WHERE THE APP HAS BEEN HINDERED FROM OPERATING; FOR THE TIMELINESS OF THE RESPONSE OF EMERGENCY ASSISTIVE SERVICES OR THEIR FAILURE TO ARRIVE AT THE SCENE OF THE COLLISION; AND WHERE THE ACCIDENT RESPONSE PROGRAM FAILS TO OPERATE AS DESCRIBED OR EXPECTED.

CDL PROTECT MAKES NO GUARANTEES AS TO THE RECOVERABILITY OF A LOST OR STOLEN VEHICLE OR ANY TRANSPORTED ITEMS. CDL PROTECT WILL COMPLY WITH ANY LAWFUL REQUESTS TO DISCLOSE Horus GPS DATA FROM A GOVERNMENT OR LAW ENFORCEMENT AGENCY BUT IS NOT RESPONSIBLE FOR ANY FURTHER ASSISTANCE, AND YOU AGREE TO HOLD HARMLESS AND WAIVE ANY LIABILITY FOR CDL PROTECT RELATED TO DAMAGES FOR A LOST OR STOLEN VEHICLE.

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