Virtual Vehicle Terms of Service
Last Updated: August 9, 2024
Please read these Virtual Vehicle Terms of Service (the “Terms”) and our Privacy Notice (“Privacy Notice”) carefully because they govern your use of the website located at https://www.virtualvehicle.io (the “Site”) and the online technology platform known as “Virtual Vehicle” accessible via the Site offered by Platform Science, Inc. (“Platform Science,” “we,” “our,” or “us”). To make these Terms easier to read, the Site and our services are collectively called the “Virtual Vehicle Services.” BY ACCESSING THE VIRTUAL VEHICLE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE VIRTUAL VEHICLE SERVICES. IF YOU HAVE (OR THE BUSINESS, SUCH AS YOUR EMPLOYER, YOU ARE ACTING ON BEHALF OF HAS) ENTERED INTO AN EXISTING CUSTOMER AGREEMENT WITH PLATFORM SCIENCE GRANTING YOU A LICENSE TO USE THE VIRTUAL VEHICLE SERVICES (“EXISTING CUSTOMER AGREEMENT”) THEN SUCH EXISTING CUSTOMER AGREEMENT WILL APPLY, GOVERN, AND CONTROL, AND THESE TERMS WILL ONLY APPLY TO THE EXTENT NOT INCONSISTENT WITH THE EXISTING AGREEMENT. IF YOU ARE USING THE VIRTUAL VEHICLE SERVICES ON BEHALF OF A COMPANY (SUCH AS YOUR EMPLOYER) OR OTHER LEGAL ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” WILL REFER TO THAT ENTITY.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PLATFORM SCIENCE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 (DISPUTE RESOLUTION FOR INDIVIDUALS) AND SECTION 16 (DISPUTE RESOLUTION FOR ENTITIES) BELOW FOR DETAILS REGARDING ARBITRATION.
1. Description of Virtual Vehicle Services. The Virtual Vehicle Services are designed to enable you, as a vehicle owner and/or operator (“Operator”), to view certain information regarding the components, parts, and services (e.g., engine or tire and engine or tire-related maintenance) related to your vehicle(s) (“Components”), and to engage and communicate with manufacturers, suppliers, distributors, and other related service providers of the Components (“Component Suppliers”).
2. Privacy Notice for Individuals. If you are accessing and using the Virtual Vehicle Services as an individual user (such as an Operator acting in an individual capacity and not on behalf of an employer), please review our Privacy Notice, which also governs your use of the Virtual Vehicle Services, for information on how we collect, use, and share personal information.
3. DPA for Entities. If you are accessing and using the Virtual Vehicle Services on behalf of a company or other legal entity (such as a fleet business-), each party shall comply with the Data Processing Addendum attached hereto as Exhibit A.
4. Changes to these Terms or the Virtual Vehicle Services. We may update the Terms from time to time in our sole discretion. If we do, we will let you know by posting the updated Terms on the Site and/or we may also send other communications. If you continue to use the Virtual Vehicle Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Virtual Vehicle Services anymore. Because our Virtual Vehicle Services are evolving over time we may change or discontinue all or any part of the Virtual Vehicle Services, at any time and without notice, at our sole discretion.
5. Who May Use the Virtual Vehicle Services?
(a) Use of the Virtual Vehicle Services. You may use the Virtual Vehicle Services only if you are 18 years or older and capable of forming a binding contract with Platform Science, and not otherwise barred from using the Virtual Vehicle Services under applicable law.
(b) Account Registration. It’s important that you provide us with accurate, complete, and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You are responsible for all activities that occur under your account.
(c) Authorized Users. If you are a company or other legal entity, your account and the Virtual Vehicle Services may only be accessed and used by your employees or contractors who have been designated and authorized by you to be granted such access (each an “Authorized User”) for the sole purpose of performing their job functions for you. You may be able to specify certain Authorized Users as Administrators, who will have important rights and controls over your use of the Virtual Vehicle Services. This may include creating, de-provisioning, monitoring or modifying accounts for other Authorized Users, setting Authorized User usage permissions, and managing access to User Content by Authorized Users or others. You are responsible and liable for: (i) whom you allow to become Administrators and any actions they take; (ii) all actions taken under an Authorized User’s credentials, whether or not such action was taken or authorized by the Authorized User or Administrator; and (iii) all uses of the Virtual Vehicle Services resulting from access provided by Platform Science, directly or indirectly, whether such access or use is permitted by or in violation of these Terms.
(d) Domain Name Ownership. Where you are required to specify a domain for the operation of the Virtual Vehicle Services or for certain features, we may verify that you own or control that domain. If you do not own or control the domain you specify, then we will have no obligation to provide you with the Virtual Vehicle Services and/or the applicable features.
6. Feedback and Use of Marks. We appreciate feedback, comments, ideas, proposals, enhancement requests, recommendations, corrections and suggestions for improvements to the Virtual Vehicle Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction, attribution or compensation to you, including to modify the Virtual Vehicle Services or for marketing and promotional purposes. You hereby grant Platform Science a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to (a) modify, copy, distribute and incorporate into the Virtual Vehicle Services (without attribution of any kind) any Feedback provided by you relating to the Virtual Vehicle Services or Platform Science’s or its affiliates’ business(es); and (b) to use your business name(s), trademarks, service marks, logos or any publicly available images (collectively, “Operator Marks”) in connection with: (i) providing the Virtual Vehicle Services, and (ii) with your prior written permission, marketing and promotional purposes in connection with our business, including as set forth in Section 17. We agree that any use by Platform Science of any Customer Marks will inure solely to the benefit and goodwill of your business. Other than those rights specifically granted to us herein, all right, title and interest in and to Operator Marks are expressly reserved by you.
7. Your Content.
(a) User Content. Our Virtual Vehicle Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, audio, and video (collectively, but excluding Feedback, “User Content”). Platform Science does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
(b) Permissions to Your User Content. By making any User Content available through the Virtual Vehicle Services you hereby grant to Platform Science a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, maintaining, providing, and improving the Virtual Vehicle Services.
(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Virtual Vehicle Services, nor any use of your User Content by Platform Science on or through the Virtual Vehicle Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Virtual Vehicle Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(e) Platform Science’s Intellectual Property. We may make available through the Virtual Vehicle Services content that is subject to intellectual property rights. We retain all rights to that content.
8. General Prohibitions and Platform Science’s Enforcement Rights. You will not, and will ensure your Authorized Users will not, do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Virtual Vehicle Services or any individual element within the Virtual Vehicle Services, Platform Science’s name, any Platform Science trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Platform Science’s express written consent;
(c) Access, tamper with, or use non-public areas of the Virtual Vehicle Services, Platform Science’s computer systems, or the technical delivery systems of Platform Science’s providers;
(d) Attempt to probe, scan or test the vulnerability of any Platform Science system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Platform Science or any of Platform Science’s providers or any other third party (including another user) to protect the Virtual Vehicle Services;
(f) Attempt to access or search the Virtual Vehicle Services or download content from the Virtual Vehicle Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Platform Science or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other hidden text or metadata utilizing a Platform Science trademark, logo URL or product name without Platform Science’s express written consent;
(i) Use the Virtual Vehicle Services, or any portion thereof in any manner not permitted by these Terms;
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Virtual Vehicle Services to send altered, deceptive or false source-identifying information;
(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Virtual Vehicle Services;
(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Virtual Vehicle Services;
(m) Collect or store any personal information from the Virtual Vehicle Services from other users of the Virtual Vehicle Services without their express permission;
(n) Impersonate or misrepresent your affiliation with any person or entity;
(o) access or use the Virtual Vehicle Services for purposes of competitive analysis of the Virtual Vehicle Services, the development, provision, or use of a competing software service or product or any other purpose that is to Platform Science’s detriment or commercial disadvantage;
(p) Violate any applicable law or regulation; or
(q) Encourage or enable any other individual to do any of the foregoing.
Platform Science is not obligated to monitor access to or use of the Virtual Vehicle Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Virtual Vehicle Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Virtual Vehicle Services. We may also consult and cooperate with law enforcement authorities to prosecute
users who violate the law.
9. Integrated Third-Party Sites and Other Links to Third Party Virtual Vehicle Services.
(a) Links to Third Party Websites or Resources. The Virtual Vehicle Services may allow you to access, interface, share data, obtain products or services from, and/or interact with various third-party services, products, technologies, websites, content, and other resources, including from Component Suppliers (“Third Party Resources”). If you are an Operator, the Virtual Vehicle Services simply facilitate your engagement and/or communication with the Component Supplier or other provider of the Third Party Resources, and any agreement by you with any such Component Supplier or provider to obtain and receive, and their provision of, any Third Party Resources is solely between you and the applicable Component Supplier or provider (and not Platform Science). Platform Science does not provide any aspect of the Third Party Resources and is not responsible for any compatibility issues, errors, defects, bugs or any other aspect of the Third Party Resources. You acknowledge and agree that you are solely responsible for, and assume all risk arising from, your use of all Third Party Resources, AND PLATFORM SCIENCE HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY ARISING FROM OR IN CONNECTION WITH THE THIRD PARTY RESOURCES.
(b) Third-Party Virtual Vehicle Services Terms. Certain Third Party Resources may require you to adhere and be subject to terms, conditions, and restrictions applicable to such Third Party Resources, as applicable. You agree to adhere to all applicable terms, conditions, and restrictions governing your use or receipt of any Third Party Resources.
10. Termination. We may suspend or terminate your access to and use of the Virtual Vehicle Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at support@virtualvehicle.io. Upon any termination, discontinuation or cancellation of the Virtual Vehicle Services or your account, the following Sections will survive: 6, 7(b), 7(c), 7(e), 8, 10, 11, 12, 13, 14, 15, 16, 17, and 18.
11. Warranty Disclaimers. THE VIRTUAL VEHICLE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Virtual Vehicle Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Virtual Vehicle Services, including without limitation any communications between Operators and Component Suppliers (including regarding services or products of or from Component Suppliers, or otherwise).
12. Indemnity. You will indemnify and hold Platform Science and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Virtual Vehicle Services, (b) your User Content, (c) any communication and/or transmission of data between you (e.g., as a Operator) and any other user (e.g., a Component Supplier or Operator), (d) your violation of these Terms; or (e) your negligence, willful misconduct, fraud, or violation of applicable law.
13. Limitation of Liability
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PLATFORM SCIENCE NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE VIRTUAL VEHICLE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE VIRTUAL VEHICLE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE VIRTUAL VEHICLE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLATFORM SCIENCE OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PLATFORM SCIENCE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE VIRTUAL VEHICLE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLATFORM SCIENCE AND YOU.
14. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 (Dispute Resolution for Individuals) or Section 16 (Dispute Resolution for Entities), as applicable, the exclusive jurisdiction for all Disputes (defined below) that you and Platform Science are not required to arbitrate will be the state and federal courts located in San Diego, California, and you and Platform Science each waive any objection to jurisdiction and venue in such courts.
15. Dispute Resolution for Individuals. If you are an individual who uses the Virtual Vehicle Services for yourself and not on behalf of an organization or entity, disputes with Platform Science shall be resolved as set forth in this Section 15.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Virtual Vehicle Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Platform Science agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Platform Science are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions. As limited exceptions to Section 15(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to protect, enforce, or interpret our intellectual property rights hereunder which can be done in any court of competent jurisdiction.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Consumer Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Consumer Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
The arbitration will be conducted using remote conferencing technology (e.g., by videoconference), in person in San Diego, California, United States or at some other location that we both agree to. Disputes that meet the requirements for desk arbitrations as set forth in the AAA Consumer Rules, may be resolved by the submission of documents only, as set forth in the AAA Consumer Rules, unless the Arbitrator decides that a hearing is necessary. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 15(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND PLATFORM SCIENCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Section 15 (Dispute Resolution for Individuals) section shall be null and void.
(g) Severability. With the exception of any of the provisions in Section 15(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
16. Dispute Resolution for Entities. If you are accessing and using the Virtual Vehicle Services on behalf of a company or other legal entity, any Dispute will be resolved exclusively accordingly to the process set forth in Section 15 (Dispute Resolution for Individuals), expressly including the class action waiver, except that, to the extent legally permitted, (a) each party will be responsible for their own filing, administrative, arbitrative and similar fees, (b) the losing party will pay the prevailing party for all costs and attorney’s fees, and (c) the AAA Commercial Arbitration Rules will apply to any arbitration between us.
17. Use of Name; Publicity. Neither you nor Platform Science shall use the other party’s name in connection with any publication, marketing or promotion without the other party’s prior written consent and approval, which shall not be unreasonably withheld or delayed; provided, however the parties agree to issue one press release upon execution of this Agreement.
18. General Terms.
(a) Reservation of Rights. Platform Science and its licensors exclusively own all right, title and interest in and to the Virtual Vehicle Services, including all associated intellectual property rights. You acknowledge that the Virtual Vehicle Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Virtual Vehicle Services.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Platform Science and you regarding the Virtual Vehicle Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Platform Science and you regarding the Virtual Vehicle Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Platform Science’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Platform Science may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(c) Notices. Any notices or other communications provided by Platform Science under these Terms will be given: (a) via email; or (b) by posting to the Virtual Vehicle Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(d) Waiver of Rights. Platform Science’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Platform Science. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
19. Contact Information. If you have any questions about these Terms or the Virtual Vehicle Services, please contact Platform Science at:
Address: Platform Science, Inc.
Attn: Platform Science Customer Support
9620 Towne Center Drive, Suite 100 San Diego, CA 92121
With a copy to:
Platform Science, Inc.
Attn: Platform Science Legal Department
9620 Towne Center Drive, Suite 100 San Diego, CA 92121
Email Address: support@virtualvehicle.io
Phone Number: (844) 475-8724
Exhibit A – Data Processing Addendum
This Data Processing Addendum (“Addendum”) forms part of and is subject to the terms and conditions of the Virtual Vehicle Terms of Service (the “Terms”) by and between the Operator that is a company or other legal entity and a party to the Terms (“Customer”) and Platform Science.
If you are accessing and using the Virtual Vehicle Services as an individual user (such as a Operator acting in an individual capacity), you agree that the Privacy Notice applies to Platform Science’s Processing of Personal Data in connection with your use of the Virtual Vehicle Services, not this this Addendum.
1. Subject Matter. This Addendum reflects the parties’ commitment to abide by Data Protection Laws concerning the Processing of Customer Personal Data in connection with the execution of the Terms. All capitalized terms that are not expressly defined in this Addendum will have the meanings given to them in the Terms. If and to the extent language in this Addendum conflicts with the Terms, this Addendum shall control.
2. Definitions. For the purposes of this Addendum, the following terms and those defined within the body of this Addendum apply.
2.1. “Customer Personal Data” means Personal Data Processed by Platform Science on behalf of Customer.
2.2. “Data Protection Laws” means the applicable privacy and data protection laws, rules, and regulations to which the Customer Personal Data are subject. “Data Protection Laws” may include, but are not limited to, the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act) (“CCPA”) (in each case, as amended, adopted, or superseded from time to time).
2.3. “Personal Data” has the meaning assigned to the term “personal data” or “personal information” under applicable Data Protection Laws.
2.4. “Process” or “Processing” means any operation or set of operations which is performed on Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.
3. Processing Terms for Customer Personal Data.
3.1. Documented Instructions. Platform Science shall Process Customer Personal Data to provide the Virtual Vehicle Services in accordance with the Terms and this Addendum.
3.2. Use of Subcontractors. Platform Science may use subcontractors and disclose Customer Personal Data to such subcontractors. Customer acknowledges that subcontractors may further engage vendors.
3.3. Disclosures to Third Party Resources. Platform Science may disclose Customer Personal Data to Third Party Resources that you share or interact with via the Virtual Vehicle Services. Third Party Resources are not Platform Science’s subcontractors and Platform Science is not responsible for the acts or omissions of Third Party Resources.
3.4. Personal Data Inquiries and Requests. Where required by Data Protection Laws, Platform Science agrees to provide reasonable assistance and comply with reasonable instructions from Customer related to any requests from individuals exercising their rights in Customer Personal Data granted to them under Data Protection Laws.
3.5. California Specific Terms. To the extent that Platform Science’s Processing of Customer Personal Data is subject to the CCPA, this Section shall also apply. Customer discloses or otherwise makes available Customer Personal Data to Platform Science for the limited and specific purpose of Platform Science providing the Virtual Vehicle Services to Customer in accordance with the Terms and this Addendum. Platform Science shall: (i) comply with its applicable obligations under the CCPA; (ii) provide the same level of protection as required under the CCPA; (iii) notify Customer if it can no longer meet its obligations under the CCPA; (iv) not “sell” or “share” (as such terms are defined by the CCPA) Customer Personal Data; (v) not retain, use, or disclose Customer Personal Data for any purpose (including any commercial purpose) other than to provide the Virtual Vehicle Services under the Terms or as otherwise permitted under the CCPA; (vi) except as contemplated by the standard functionality of the Virtual Vehicle Services or otherwise permitted by the CCPA, not retain, use, or disclose Customer Personal Data outside of the direct business relationship between Customer and Platform Science; and (vii) except as contemplated by the standard functionality of the Virtual Vehicle Services or otherwise permitted by the CCPA, not combine Customer Personal Data with Personal Data that Platform Science (a) receives from, or on behalf of, another person, or (b) collects from its own, independent consumer interaction. Platform Science will permit Customer, upon reasonable request, to take reasonable and appropriate steps to ensure that Platform Science Processes Customer Personal Data in a manner consistent with the obligations applicable to a “Business” under the CCPA by requesting that Platform Science attest to its compliance with this Section 3.5. Following any such request, Platform Science will promptly provide that attestation or notice about why it cannot provide it. If Customer reasonably believes that Platform Science is engaged in unauthorized Processing of Customer Personal Data that is subject to this Section 3.5, Customer will immediately notify Platform Science of such belief, and the parties will work together in good faith to remediate the allegedly violative Processing activities, if necessary.
3.6. Service Optimization. Where permitted by Data Protection Laws, Platform Science may Process Customer Personal Data: (i) for internal use to build or improve the quality of the Virtual Vehicle Services; (ii) to prevent, detect, or investigate security incidents; and (iii) to protect against malicious, deceptive, fraudulent or illegal activity.
3.7. Aggregation and De-Identification. Platform Science may: (i) compile aggregated and/or de-identified information in connection with providing the Virtual Vehicle Services provided that such information cannot reasonably be used to identify Customer or any data subject to whom Customer Personal Data relates (“Aggregated and/or De-Identified Data”); and (ii) use Aggregated and/or De-Identified Data for its lawful business purposes.
4. Customer’s Obligations. Customer represents and warrants that: (i) it has complied and will comply with Data Protection Laws; (ii) it has obtained and will obtain and continue to have, during the term, all necessary rights, lawful bases, authorizations, consents, and licenses for the Processing of Customer Personal Data as contemplated by the Terms; and (iii) Platform Science’s Processing of Customer Personal Data in accordance with the Terms will not violate Data Protection Laws or cause a breach of any agreement or obligations between Customer and any third party.
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