User Agreement for Drive Video Recorder (“DVR”)

As used in this agreement (“Agreement”), the terms “you”, and “your” shall be deemed to refer to yourself, an individual, representing yourself or, if applicable, acting as a legal representative for a company or other legal entity having purchased or leased a Nissan vehicle (“Vehicle”).

Also, as used in this Agreement, the terms “we”, “us”, “our” and “Nissan” shall be deemed to refer to NISSAN INTERNATIONAL SA, a company incorporated and existing under the laws of Switzerland with company registration number CH-550-1047524-0, and registered office at Zone d’Activités La Pièce 12, 1180 Rolle, Switzerland.

This connected DVR is provided to you by GuangZhou Candid Electronics Co., Ltd. (hereinafter referred to as "CandidTech"), on behalf of Nissan.

Acceptance

You must accept in order to access: If you would like to access the Service, you must accept and comply at all times with both the Agreement and Privacy Policy (see details in “Privacy Policy”).  If you do not accept the Agreement, you do not have our consent to (and you must not) access any of the Service (including any of the content or functionality contained in or otherwise associated with the Service), other than to uninstall the Services from all locations and devices on which you have them installed.

Acceptance by you: You are confirming that you accept the Agreement:

- whilst ever a computer, server, phone, tablet or other device that you own, operate or access contains an installation of one or more components of the Service; and/or

- each time you access the Service in any way.

1. Service content

1.1 The specific content of this Service is provided by CandidTech（“Service”）, including but not limited to authorize users to interact with the DVR through Wi-Fi and "Wisdom Eye Europe"App, to view, delete and play back the files in the connected device and preview of photo real-time on the screen of device. The Services do not include data storage services.

1.2From time to time CandidTech may automatically update the Service and related mobile app and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively CandidTech may ask you to update the mobile app for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the mobileapp and the Service.

The mobile app will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when subscribed to it.

1.3CandidTech may repair or maintain the Service or related equipment from time to time and is also entitled to terminate the Service at any time, with notification in advance.

1.4The service is provided by CandidTech for free. CandidTech is not responsible for the quality defects of the free products or services and any losses caused, except subject to mandatory provisions by law.

2. Content specification

2.1 The content referred in this article refers to any content shared by the user during the use of the Service, including but not limited to pictures, videos, graphics, etc, and other content generated by the use of the Service.

2.2 Users may not use the Service to share the following content that interferes with the normal operation of "Wisdom Eye Europe" and infringes the rights of other users or third parties, such as notably:

2.2.1 Content that is provocative, insulting, intimidating, or threatening;

2.2.2 Containing harassment, junk advertisements, malicious information, and scam information;

2.2.3 Relating to the privacy, personal information and other rights provided by Data Protection regulations.

2.2.4 Infringement of the legal rights of other people's reputation rights, image rights, intellectual property rights, trade secrets, etc.;

2.2.5 Any other use prohibited by law.

3.Service rules

3.1 Any content shared by users in or through the Service is not reflected or represented, nor is it deemed to reflect or represent CandidTech's views, positions or policies, and CandidTech is not responsible for this.

3.2 Users may not use this Service to perform the following actions:

3.2.1 Sharing false information, fictional facts, concealing the truth to mislead or deceive others;

3.2.2 Using the service to engage in any criminal activity;

3.2.3 Sharing methods or tools related to the above acts, or operating or disseminating such methods or tools, whether or not they are for commercial purposes;

3.2.4 Other acts that violate laws and regulations and are not expressly authorized.

3.3 The user shall be solely responsible for the authenticity, legality, harmlessness, accuracy and validity of the information transmitted by the service. Any legal liability related to the information transmitted by the user shall be borne by the user and shall not be related to CandidTech.

3.4 The user may not engage in any of the following actions unless CandidTech's written permission is granted:

3.4.1 Reverse engineering, reverse assembling, decompiling, or otherwise attempting to discover the source code of the software;

3.4.2 Use, rent, lend, copy, modify, link, reproduce, compile, publish, and create mirror sites for the content of the intellectual property owned by CandidTech;

3.4.3 Copying, modifying, adding, deleting, and hanging the data released to the memory of any terminal during the running of the software or software, the interaction data between the client and the server during the running of the software, and the system data necessary for the software to run. Run or create any derivative work in the form of, but not limited to, the use of plug-ins, plug-ins, or third-party tools/service access software and related systems that are not authorized by CandidTech;

3.4.4 Modifying the instructions and data in the software operation, adding, deleting, changing the function or operation effect of the software, or operating or transmitting the software or method for the above purposes, whether or not the behavior is commercial purpose

3.4.5Log in or use CandidTech software or services through third-party software, plug-ins systems not developed and licensed by CandidTech, or create, publish, and distribute such third-party software, plug-ins and systems not developed or authorized by CandidTech.

4. File storage

4.1All files or data is only stored in an SD card provided by users. CandidTech will not retrieve, view, edit, or store any data Information from the Cloud.

4.2 The maximum storage period of the files in the service of "Wisdom Eye Europe" is determined by the supporting degree of the SD card. Users can back up the relevant file data in "Wisdom Eye Europe" according to their own needs. CandidTech is not responsible for the deletion or storage failure of the relevant file data, or any loss of data due to termination of service.

5. Liability

5.1 Limitations to the Service.

The Service is provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Service. Although CandidTech make reasonable efforts to update the information provided by the Service, CandidTech make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

5.2 Nothing in this Agreement shall limit or exclude our liability for :(i) death or personal injury resulting from our negligence or intent; (ii) gross negligence, intent, fraud or fraudulent misrepresentation; and (iii) any other liability arising out of product liability law.

Subject to the foregoing, we and CandidTech are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the provision or use of the Service, however caused, whether in contract, tort (including negligence), statute or otherwise. We and CandidTech will not be liable to you for any loss or damage (even if foreseeable) arising under or in connection with use of, or inability to use, the Services or, use of or reliance on the Services.

5.3We and CandidTech will not be liable to you or anyone else for any loss resulting from a cause over which we and CandidTech do not have control, notably in case of Force Majeure. This includes failure of electronic or mechanical equipment or communications lines (including notably telephone, WiFi connection) which we and CandidTech do not control, theft, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, accident, national emergency or action of government.

5.4We and CandidTech will not be liable to you for any loss or damage caused by a virus, hacker attack, or other technologically harmful material that is outside of our control and which may infect devices, equipment, programs, data or other proprietary material due to your use of the Services, or on any website or apps linked to it.

6. Intellectual property rights statement

6.1 Except the specific statement, the copyright, patent and other intellectual property rights of the software relied upon by CandidTech as providing the service are owned by CandidTech.

6.2 Our rights: We and CandidTech own, or have licenses under or authorizations from third parties with respect to, all intellectual property rights in and in relation to the Services (including in relation to all Content in, used by, generated, produced and provided by the Services).

6.3 Your rights: You are not assigned, given or granted any rights (including with respect to intellectual property).

6.4 The above and any other users may not use or create derivative works in any form without the written permission of CandidTech.

7. User responsibility

The User understands and agrees that user is responsible for the compliance with GDPR and any applicable data protection legislation or regulatory requirement.

8. Service limitations

CandidTech has the right to deal with violations of laws or breaches of contract in accordance with laws and regulations and this agreement. This right does not constitute an obligation or commitment of CandidTech. CandidTech cannot guarantee timely detection of illegal or breach of contract or corresponding treatment.

9. Change, interruption or termination of service

9.1 In view of the particularity of the Service, the User agrees that CandidTech reserves the right to change, discontinue or terminate some or all of the Service timely. CandidTech will notify the user prior to the change, interruption or termination of the service and shall provide the affected user with an equivalent alternative service.

9.2 In the event of any of the following circumstances, CandidTech reserves the right to change Service provided to the User without any liability to the User or any third party:

9.2.1 The user violates relevant laws and regulations or the agreement;

9.2.2 In accordance with a change in the applicable law;

9.2.3 For security reasons or other necessary circumstances.

10. General

10.1Applicable law

To the fullest extent permitted by law, and except as explicitly provided otherwise, these Terms and any disputes arising out of or relating to it will be governed by the laws of the end user’s country of residence without regard to its conflict of law principles, and by any applicable tariffs, wherever filed. You and we (and CandidTech) agree that any disputes arising out of or in connection with this Agreement or your use of the Services shall be subject to the exclusive jurisdiction of the courts of the end user’s country of residence.

10.2 Severability

If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.3 Contacting us

For enquiries, please contact your nearest Nissan dealer.

10.4 Modification of these Terms.

We may modify the terms of this Agreement at any time in our sole discretion. Your continued use of the Door to Door Navigation application after such modification shall constitute your acceptance of such revised terms. We advise you to periodically review the terms of the Agreement in force carefully.

END of Terms and Conditions