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Terms and Conditions

TERMS AND CONDITIONS

Before registering as a customer of emovis, you must first read and agree to the following Terms and Conditions. These terms and conditions (the “Terms”), together with Your emovis registration ("Registration") constitute Your emovis agreement ("Agreement") for participation in the Washington Road Usage Charge (“WA RUC”) pilot program (the “Pilot Program”).

DEFINITIONS

“Automatic” refers to Automatic Labs, Inc., a company providing technology, including hardware/software, third party software or hardware, system, algorithms, processes or services, that is included in the emovis System. “Driving Data” means the time of day, location and any and all other mileage data and vehicle information that is collected on or by a Device or other input method (including odometer images reported by phone) and transmitted to the emovis system for processing. “Other Vendor” means a company providing as part of the emovis System technology and services similar to those provided by Automatic. “Vendor Technology” refers to any proprietary technology of Automatic or any Other Vendor that is made available for Your use under this Agreement. "We", "Us", "Our" means emovis technologies US, Inc., a Delaware corporation with its principal place of business in Westbury, New York (“emovis”). Neither the Washington State Transportation Commission, the State of Washington, nor any of its consultants, agents or assignees are a party to this Agreement. "You" and "Your" means the individual named on the emovis account who is the registered owner of the vehicle to be enrolled in the WA RUC program.

GENERAL TERMS OF USE

Before agreeing to these emovis Terms, You must first review our policies related to collection and use of your personal information; privacy protections for your personal information; and policies related to data security, retention and destruction. These policies can be viewed or downloaded at https://waruc.emovis.us/privacy-policy.
If You choose to report your mileage by installing the Automatic ™ Device offered through emovis, You must review and agree to Automatic’s legal terms, including policies governing personal information, privacy and data security, which can be viewed at https://www.automatic.com/legal.

ROAD USAGE CHARGE PILOT PROGRAM; SIMULATED INVOICES

The purpose of the Pilot Program is to test a new system for collecting per-mile road usage charges from drivers who volunteer to enroll in the Pilot Program. Our role is to use the data provided by volunteers like You to simulate the collection of road usage charges, and to provide reports and other information that can be used for transportation policymaking. To do this we use a combination of technology and services (the “emovis System”) to measure Participants’ mileage using a mobile device installed in Your vehicle ("Device") that interfaces with an application installed on your smartphone (the “App”). The Device and the App are supplied by a company called Automatic, Inc. (“Automatic”), under a separate agreement between You and Automatic. Automatic’s terms and conditions may be viewed online at https://www.automatic.com/legal. Alternatively, you may report your mileage based on odometer readings.
emovis may in the future use technology supplied by vendors other than or in addition to Automatic (“Other Vendors”). For the purpose of clarity, these Terms and Conditions cover your relationship with Us only. Your relationship with Automatic or Other Vendors and Your use of their technology, will be governed solely by any applicable agreements entered into between You and them, including any incorporated end user license agreement. We will inform you if you are to be assigned Other Vendor technology, and it may be necessary for you to accept the Other Vendor’s terms and conditions if you wish to continue participating in the Pilot Program using the emovis System.
Although all Road Usage Charges accrued are only simulations with no actual payments due, You will remain liable to pay any roadway or bridge tolls or other charges for road usage in Washington or any other state or country as usual.
If you select mileage reporting using the emovis System, We will provide You with a Device with instructions for downloading the required App, and with access to a web portal that will allow you to view information relating to your mileage and fuel consumption and a simulated account statement. You acknowledge and agree that We and/or Automatic will also use the Driving Data collected by the Device to monitor and improve the performance of the emovis System.
You should direct questions regarding Your Account or transactions charged to Your Account to the emovis Customer Service Center at the address, email and telephone number listed below: waruc@emovis.us 1-800-795-6166 (from 8:00 am to 5:00 pm PT)

DATA COLLECTION

The technology provided by Automatic and Other Vendors collects, records and transmits to Us and to the Vendor some or all of the following information (the “Driving Data”)
Information from your vehicle’s onboard computer;
Information about your vehicle’s operation;
Odometer readings; 
Vehicle Identification Number (VIN) and vehicle communication interface information;
Speed
Time
When the Device is plugged in or unplugged from the vehicle;
Vehicle Location information;
Acceleration;
Regular status updates/heartbeats;
Fuel usage and other emissions related information;
Vehicle health (Diagnostic trouble codes and electrical subsystem status)
Vehicle Location Information; and
Information collected when you visit a Vendor’s website.
 
In addition, Automatic and Other Vendors may collect information when you visit their websites (“Website Information”).
You agree to do the following with regard to Your Driving Data:
 
(1) To permit emovis on Your behalf (a) to set up an account with a Vendor in Your name and (b) to authorize such Vendor to collect the information described above.
(2) To permit emovis and/or the Vendor to analyze and/or combine the Driving Data collected by the Vendor Technology with data that emovis or the Vendor collects from other customers solely to create a compilation of anonymous, aggregated data (the “Aggregated Data”) to use for their business purposes as long as the Aggregated Data does not contain any of Your personal information;
(3) To permit emovis and/or the Vendor to commercially exploit the Aggregated Data without limitation or restriction, at its or their discretion; and
(4) To grant to emovis and the Vendor a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use and copy the Driving Data for its or their internal purposes to maintain and improve the emovis WA RUC Project and/or the Vendor Technology.
 
Your Driving Data is overwritten on the Device after We receive it and will no longer be accessible. All data that We receive from the Device is retained in Our computer systems in accordance with Our privacy policy (which You can access at https://waruc.emovis.us/privacy-policy). In addition to Your Driving Data, We may use the Device to collect anonymous traffic, travel, or other statistical information. We are not allowed to, and we will not, use any such information, or your Driving Data or Website Information, for purposes of marketing any of our products or services to participants in the WA RUC Program or to anyone else. By providing Us with Your e-mail address, You agree to receive information from Us, and Our consultants supporting our participation in the WA RUC Program via e-mail and/or by telephone.

THE DEVICE

Depending on the mileage reporting method You have selected or been assigned You may be provided a Device that You will plug into the onboard diagnostics (OBDII) port in your vehicle. This is the same port that mechanics use for vehicle diagnostics and other maintenance related activities. These Devices are the property of the Vendor and their use is subject to an agreement between emovis and the Vendor that requires Your acceptance of these Terms. Ownership of and title to any Device provided to You by emovis is and will remain with the Vendor for the duration of this Agreement. We will provide one Device to You for each vehicle that You register with the emovis System. You shall not tamper with (that is, alter, modify, change, reverse engineer, copy or duplicate) the Device or its firmware. If tampering is detected, the Device will be deactivated and Your authorization to use the emovis System may be terminated. There may be additional consequences imposed by the State of Washington in the event such tampering is detected.
You agree that You will not: (i) reverse engineer, disassemble, decompile, alter, duplicate, translate, copy, or create derivative works of the Vendor Technology; (ii) sell, license, lease, rent, transmit, publish or distribute any portion of the Vendor Technology to any third party; or (iii) defeat, disable, or circumvent any protection mechanism related to the Vendor Technology. The Vendor Technology is not intended to be used for, and You may not use it for, safety of life applications or for any other application in which the use of, inability to use, or the accuracy, completeness or reliability of the Vendor Technology could create a situation where personal injury, death, or serious environmental or physical damage may occur.
We will provide one Device to You for each vehicle that You enroll in Emovis WA RUC. You shall not tamper with  (that is, alter, modify, change, reverse engineer, copy or duplicate)  the Device or its firmware. If tampering is detected, the Device will be deactivated, You will be unenrolled from the WA RUC program and You may be subject to legal action.
You agree that You will not: (i) reverse engineer, disassemble, decompile, alter, duplicate, translate, copy, or create derivative works of the Vendor Technology; (ii) sell, license, lease, rent, transmit, publish or distribute any portion of the Vendor Technology to any third party; or (iii) defeat, disable, or circumvent any protection mechanism related to the Vendor Technology. The Vendor Technology is not intended to be used for, and You may not use it for, safety of life applications or for any other application in which the use of, inability to use, or the accuracy, completeness or reliability of the Vendor Technology could create a situation where personal injury, death, or serious environmental or physical damage may occur.
Transmission of data from the Device to Automatic or any Other Vendor will be completed using a wireless cellular service (the “Wireless Service”), which they obtain through a third party wireless service provider (the “Wireless Provider”). You will have no contractual relationship with the Wireless Provider, nor will You be a third‐party beneficiary of any agreement with the Wireless Provider. The Wireless Provider will have no liability of any kind to You, including for: (i) any failure, temporary interruption, or disruption of the Wireless Service; (ii) any failure of or incompatibility of the Device; and (iii) any lack of security with respect to the Wireless Service. If the Wireless Provider incurs any losses as a result of your improper use of the emovis System or any technology provided by Automatic or any Other Vendor, or from Your misuse of the Wireless Service, You will be responsible to the Wireless Provider for payment of such losses and for defending the Wireless Provider against any actions or claims made by third parties in connection therewith.

PUTTING THE DEVICE IN A DIFFERENT VEHICLE; CHANGES IN VEHICLE STATUS

Under no circumstances may a Device be used in a vehicle that has not been registered as an authorized vehicle under Your Account. The vehicle, its unique Vehicle Identification Number and its unique license plate must be associated with Your account information and a vehicle may not be actively listed on more than one Account. You shall inform emovis if your vehicle is being serviced for more than a week. You shall inform emovis within 5 days after any incident that causes your enrolled vehicle to be unavailable for the WA RUC Program (e.g., because it was lost, stolen, totaled, or sold).

UN-ENROLLMENT

You may withdraw from the emovis System and/or the WA RUC Program any time You wish by visiting the emovis Customer Service Center online at https://waruc.emovis.us and following the instructions there provided for giving notice of Your unenrollment. We too reserve the right to terminate Your registration with and use of the emovis System at any time in our discretion. Your and Our rights and obligations under these Terms will terminate with effect from the time of Your unenrollment or termination of your registration with the emovis System. We may permit you to keep the Device, if any, in your possession, or We may require You to return it to Us or to the Vendor at Our expense. In either case, as from the time You give notice of Your unenrollment We will have no further responsibility or liability to You with respect to the Device or the emovis System.
If any Device is stolen or if any of the Automatic or Other Vendor technology is used fraudulently, You must notify emovis immediately and provide Us with such information and documentation as We may request (including, without limitation, police reports, witness statements and affidavits). We may terminate your registration with the emovis System, suspend or restrict any and all services under the emovis System (a) in Our discretion upon notice provided to You by email or (b) without prior notice to You if We have reason to believe You or anyone else has used Your Device or your Account in a fraudulent or unlawful manner. If Your Account is terminated, either voluntarily or involuntarily, You shall immediately cease using any Device for any vehicle enrolled in Your name and remove any Devices from any vehicle that may travel on taxable roads in states that accept the emovis Road Usage Charge Project as an electronic payment method.

VOLUNTARY OR INVOLUNTARY CLOSURE OF CUSTOMER'S ACCOUNT

If Your Account is closed, either voluntarily by You or by Us based on Your violation of these Terms or of applicable law, all Devices listed on Your Account will be terminated. We may prohibit You from opening subsequent emovis Account(s) if any previous Account has been closed for violation of these Terms or of applicable law.

LOST OR STOLEN DEVICE

If the Device is lost or stolen, You shall notify the emovis Customer Service Center immediately by phone to 1-800-795-6166, by email to waruc@movis.us or via the emovis System website (https://waruc.emovis.us). Your Device status will be modified upon Our receipt of Your notice of the loss or theft. In Our discretion We may then (a) issue to You a new Device, which may or may not be of the same type as the lost or stolen Device, (b) set up an Account on your behalf with a different Vendor, which may or may not employ a Device.

YOUR REPRESENTATIONS AND WARRANTIES

By clicking “Accept”, You represent and warrant that: (1) You are the legal owner of the vehicle whose name appears on the vehicle’s registration document and You have the right to enroll the vehicle in with emovis; (2) You will keep the Device, if any, installed and in good operating condition until it is returned to Us and, if the Device should fail for any reason while in Your possession You will promptly notify Us and return the Device to Us for replacement in accordance with Our instructions; (3) You will require anyone You permit to drive the vehicle to use the Device, if any, as required by these Terms, and You will inform any such person that emovis, Vendors or other authorized parties will have access to their Driving Data; and (4) You will not permit the Device, if any, to be used for fraudulent or abusive purposes or in any way that risks damage to Yourself, other persons, Us or Our business or reputation.

DISCLAIMER OF WARRANTIES

The emovis products and services, including any Vendor Technology, provided to You in connection with the emovis System are provided “as is” with no guarantee of completeness, accuracy, timeliness or availability. TO THE MAXIMUM EXTENT PERMITTED BY LAW EMOVIS, EACH VENDOR AND ANY OTHER SUBCONTRACTORS USED BY EMOVIS SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EMOVIS, EACH VENDOR AND ANY OTHER SUBCONTRACTORS USED BY US DO NOT WARRANT THAT THE EMOVIS PRODUCTS AND SERVICES, INCLUDING ANY VENDOR TECHNOLOGY, PROVIDED TO YOU IN CONNECTION WITH THE EMOVIS SYSTEM WILL BE ERROR-FREE, AND FURTHER DO NOT WARRANT THAT ANY ONLINE SERVICES WILL ALWAYS BE ACCESSIBLE, UNINTERRUPTED OR AVAILABLE FROM THE INTERNET.

LIMITATION OF LIABILITY

Account Information. It is Your responsibility to maintain current and accurate account information on Our system and to exercise diligence in protecting Your logon and passwords. IN NO EVENT WILL EMOVIS, ANY VENDOR, ANY OTHER SUBCONTRACTOR OF EMOVIS, OR ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, OR CORPORATE AFFILIATES (EACH, AN "EMOVIS PARTY" AND COLLECTIVELY THE "EMOVIS PARTIES") BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DEATH, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE EMOVIS PRODUCTS AND SERVICES, THE VENDOR TECHNOLOGY, THE SOFTWARE PROVIDED UNDER THIS AGREEMENT AND/OR THE DEVICE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF AN EMOVIS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

MISCELLANEOUS

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington, exclusive of any conflicts of laws principles which would require the application of the laws of another jurisdiction. The applicable Vendor is an intended third-party beneficiary to these Terms and is entitled to the rights and benefits hereunder and may enforce the provisions hereof as if it were a party hereto.

ACCEPTANCE OF TERMS

By clicking “accept” before submitting Your online registration for an emovis account You accept these Terms and agree to be legally bound by them. If You do not agree with any part of these terms and conditions, including emovis’ policies related to personal information collection, privacy protection, data use, retention and destruction, You cannot use the emovis products or services. In that case, to volunteer to participate in the WA RUC Program You must select another WA RUC service provider. Your use of the emovis products and services is voluntary and requires Your strict compliance with these terms and conditions.
 
emovis reserves the right to modify these Terms at any time. If any of these Terms are modified during the duration of Your participation in the WA RUC pilot project as an emovis customer (including any changes to the personal information, privacy and data collection policies), the revised policies will be transmitted to you electronically, by email and by posting on emovis’ online portal for Your vehicle account. At any time, You can also view the Terms in effect by logging in to the customer portal at https://waruc.emovis.us/terms-and-conditions/.
 
We reserve the right to reject any emovis WA RUC registration for any lawful reason.
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