Drivonic^® Website Terms & Conditions

These Website Terms & Conditions (“Terms”) form a binding agreement between you and Drivonic^® Inc. (“Drivonic^®”, “we”, “us”, or “our”) governing your access to and use of drivonic.com, its subdomains, and our related corporate marketing properties, landing pages, forms, embedded media, and interactive demonstrations (collectively, the “Website”).

By accessing, browsing, or submitting information through the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Website Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, you must discontinue use of the Website.

These Terms govern the public-facing Website only. They describe what you may do with our marketing content and what we do and do not promise about it.

The Website is a business-to-business resource intended for automotive dealership personnel, dealer groups, OEM and Tier 2 organizations, agencies, vendors, investors, and job applicants. By using the Website you represent that you are at least eighteen (18) years of age and that, where you submit information on behalf of an organization, you are authorized to do so and to bind that organization to these Terms.

The Website is operated from the United States and is directed to a United States audience. We make no representation that the Website or its content is appropriate or available for use in other jurisdictions; if you access it from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

The Website and all content on it — including text, graphics, logos, product and platform screenshots, audience visualizations, maps, videos, case studies, whitepapers, market reports, software, and the selection, arrangement, and presentation of that content — is owned by Drivonic^® or its licensors and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.

Marks. Drivonic^® and IRIS^® are registered marks of Drivonic^® Inc. MobileLync^℠, MarketBuilder^℠, ActivReach^℠, and LaneDriver^℠ are service marks of Drivonic^® Inc. All other product names, logos, OEM brands, and marks appearing on the Website are the property of their respective owners and are used for identification and descriptive purposes only. Their appearance does not imply any affiliation with, sponsorship by, or endorsement by those owners unless expressly stated.

No right, title, or interest in the Website or its content is transferred to you, and all rights not expressly granted in these Terms are reserved by Drivonic^®.

Subject to your continued compliance with these Terms, Drivonic^® grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Website and to view, download, and print its content solely for your own internal business evaluation of our products and services.

You may share unmodified Drivonic^® materials internally within your organization for that purpose. You may not remove, obscure, or alter any copyright notice, trademark, watermark, source attribution, or disclaimer contained in or accompanying any material you download.

You agree that you will not, and will not permit any person acting on your behalf to:

• Use any robot, spider, scraper, crawler, headless browser, or other automated means to access, monitor, index, or copy any portion of the Website, or to harvest data, contact details, audience figures, market data, or pricing from it, except for search engine crawlers operating in accordance with our robots.txt file.
• Reproduce, republish, resell, license, distribute, publicly display, or create derivative works from Website content for any commercial purpose, including incorporating it into your own marketing, sales, or investor materials, without our prior written consent.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the structure, methodology, matching logic, data sources, or underlying models of The IRIS^® AIP or any Drivonic^® product from anything presented on the Website.
• Access the Website for the purpose of building, training, benchmarking, or marketing a competing product or service, or to extract content for use in training a machine learning model, without our prior written consent.
• Probe, scan, or test the vulnerability of the Website or any related system or network; breach or circumvent any authentication, rate limit, or access control; or access any non-public area, gated demonstration, or partner portal you are not authorized to use.
• Introduce any virus, malware, or other harmful code, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that interferes with the proper working of the Website.
• Submit false, misleading, or impersonating information through any form, including submitting another person’s or organization’s contact details without their authorization.
• Use the Website in violation of any applicable law or regulation, or in any manner that infringes the rights of, or restricts the use of the Website by, any third party.

We may investigate suspected violations and may suspend or block access to the Website, in whole or in part, at any time and without notice, in addition to pursuing any other remedy available to us.

When you submit a contact form, request a demonstration, request a market analysis, subscribe to updates, or apply for a position, you agree that the information you provide is accurate, current, and complete, and that you will keep it up to date. Personal information you submit is handled as described in our Website Privacy Policy.

Feedback. If you send us suggestions, ideas, feature requests, or other feedback about our products or the Website, you grant Drivonic^® a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and commercialize that feedback for any purpose, without obligation, attribution, or compensation to you. Please do not send us any confidential or proprietary information through the Website unless a written confidentiality agreement is already in place between us.

By providing your business email address or telephone number through the Website, you consent to receive electronic communications from Drivonic^® relating to your inquiry, including email, and you agree that such communications satisfy any legal requirement that a communication be in writing.

Where you provide a telephone number and expressly opt in, you consent to receive calls and text messages from Drivonic^® or its authorized representatives at that number regarding your inquiry or our products and services, including calls or messages placed using automated technology. Consent to marketing calls or texts is not a condition of any purchase. Message and data rates may apply. You may opt out of marketing email at any time using the unsubscribe link in any message, opt out of text messages by replying STOP, or contact us at [email protected]. Transactional and administrative messages relating to an active request or subscription may continue.

Portions of the Website present interactive demonstrations, audience previews, geographic visualizations, sample market reports, and other illustrative material. This material is provided for evaluation and illustration only.

Illustrative, not operational:

Demonstration environments may use synthetic, aggregated, modeled, delayed, or otherwise non-production data. Counts, coverage figures, audience sizes, and map renderings shown in a demonstration are estimates and should not be relied upon as a representation of the audience, inventory, or results available in a live engagement.

No offer or reservation:

Nothing presented on the Website constitutes an offer to sell, a reservation of market exclusivity or territory, a quotation of price, or a commitment to provide any audience, media placement, or level of service. Any such commitment must be set out in a written agreement signed by an authorized representative of Drivonic^®.

Complimentary analyses:

Where we provide a complimentary market insight report or similar analysis, it is furnished without warranty, remains the property of Drivonic^®, is licensed to you for your own internal evaluation only, and may not be redistributed outside your organization without our prior written consent.

The Website contains statistics, case studies, ROI figures, coverage claims, and statements about expected outcomes. Automotive marketing results depend on many factors outside our control — including inventory, pricing, staffing, market conditions, seasonality, OEM programs, media costs, and a dealership’s own sales process. Past or representative results described on the Website are not a guarantee, prediction, or warranty of the results any particular dealership will achieve.

Any performance commitment, guarantee, or service level offered by Drivonic^® is effective only if and to the extent it is set out in an executed written agreement, and is subject to the conditions, measurement methodology, and remedies stated in that agreement. Statements on the Website do not modify, expand, or supersede any executed agreement.

Materials on the Website — including strategy content, compliance explainers, and blog posts — are provided for general informational purposes and do not constitute legal, regulatory, financial, or tax advice, and do not create an attorney-client or advisory relationship.

If you advertise with Drivonic^®, you remain solely responsible for your own compliance with all applicable laws, regulations, and program rules governing automotive advertising and consumer outreach — including the Telephone Consumer Protection Act, the CAN-SPAM Act, FTC advertising substantiation and disclosure rules, state consumer protection, privacy, and universal opt-out requirements, OEM co-op and brand guidelines, and the policies of any advertising platform on which your campaigns run. You should consult your own counsel before relying on any information published on the Website.

Our collection and use of personal information through the Website is described in our Website Privacy Policy, which includes our recognition of the Global Privacy Control (GPC) signal and the process for exercising rights under the California Consumer Privacy Act, the GDPR, and other applicable laws. Data processed within The IRIS^® AIP is governed by the IRIS^® Platform Privacy Policy and the applicable Master Subscription Agreement, not by these Terms.

The Website links to and embeds third-party services, including scheduling tools, video players, mapping services, chat widgets, and analytics providers. We do not control those services, do not endorse them by linking to or embedding them, and are not responsible for their content, availability, security, or privacy practices. Your use of a third-party service is governed by that provider’s own terms and privacy policy, and any dealings you have with a third party through the Website are solely between you and that party.

If you believe that material available on the Website infringes a copyright you own or control, you may send a notice under the Digital Millennium Copyright Act to [email protected]. Your notice should identify the copyrighted work claimed to be infringed, identify the material you believe is infringing and its location on the Website, provide your contact information, and include a statement, made under penalty of perjury, that you have a good-faith belief the use is not authorized and that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner. We will respond to properly submitted notices in accordance with applicable law and may remove or disable access to the material identified.

We work to keep the Website accurate and available, but we cannot promise that it will be error-free, uninterrupted, or current at all times. Content may be revised or removed without notice.

THE WEBSITE AND ALL CONTENT, DEMONSTRATIONS, REPORTS, AND MATERIALS MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, DRIVONIC^® DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DRIVONIC^® DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT, STATISTIC, OR PROJECTION PRESENTED ON THE WEBSITE IS COMPLETE, CURRENT, OR APPLICABLE TO YOUR DEALERSHIP OR MARKET.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DRIVONIC^®, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT OBTAINED FROM IT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT DRIVONIC^® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DRIVONIC^®’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION LIMITS EITHER PARTY’S RIGHTS OR OBLIGATIONS UNDER AN EXECUTED MASTER SUBSCRIPTION AGREEMENT.

You agree to indemnify, defend, and hold harmless Drivonic^® and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Website, your violation of these Terms or of any applicable law, your infringement of any third-party right, or any information you submit through the Website. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnity by you, in which case you agree to cooperate with our defense of that claim.

Governing Law:

These Terms and any dispute, claim, or controversy arising out of or relating to them or to your access to and use of the Website shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.

Exclusive Venue and Jurisdiction:

You expressly agree that any legal action, suit, proceeding, or dispute arising out of or relating to these Terms or your access to and use of the Website shall be instituted and litigated exclusively in the state or federal courts located in the State of Wyoming. You hereby irrevocably and unconditionally submit to the exclusive personal jurisdiction of such courts and waive any objection to the laying of venue in such courts or any claim that such proceeding has been brought in an inconvenient forum.

Class Action Waiver: YOU AND DRIVONIC^® AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR DRIVONIC^® SHALL SEEK TO HAVE ANY DISPUTE, CLAIM, OR CONTROVERSY HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.

We may update these Terms from time to time to reflect changes in our services, the Website, or our legal obligations. When we do, we will revise the “Effective Date” at the top of this page. Changes take effect when posted, and your continued use of the Website after that date constitutes acceptance of the revised Terms. We encourage you to review this page periodically.

Entire Agreement:

These Terms, together with the Website Privacy Policy, constitute the entire agreement between you and Drivonic^® regarding the Website and supersede any prior understanding on that subject. They do not supersede an executed Master Subscription Agreement or other signed written agreement as to the matters that agreement covers.

Severability:

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force and effect.

No Waiver:

Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other right, and no waiver is effective unless made in writing by an authorized representative of Drivonic^®.

Assignment:

You may not assign or transfer these Terms or any rights under them without our prior written consent. Drivonic^® may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Survival:

The sections addressing intellectual property, prohibited conduct, feedback, disclaimers, limitation of liability, indemnification, and governing law survive any termination of your access to the Website.

Force Majeure:

Drivonic^® is not liable for any failure or delay in making the Website available where caused by circumstances beyond our reasonable control, including acts of God, network or hosting provider failures, labor disputes, or governmental action.