AGREEMENT TO USE

Previous Version: 14^th August 2024

Latest Versions: 14^th August 2025

The “End User License Agreement” (this “Agreement”) between Pioneer (“Pioneer,” “our,” “we,” or “us”) and you or the entity you represent (“you,” “your,” or “User”) applies to Pioneer Dash Camera Products. By using or accessing the Pioneer Dash Camera Products, you agree to the terms of this Agreement. The date and time of usage of the Product shall be the effective date of this Agreement (“Effective Date”). Please see Section 2 of Chapter 1 for definitions of certain capitalized terms used in this Agreement.

Chapter 1 General Rules

1. Terms and Conditions

1.1 The usage or access of Pioneer Dash Camera Products by you constitutes your agreement and consent to the terms and conditions set out under this Agreement, including any future updates, modifications, or amendments that may be made from time to time. The Privacy Policy for the Pioneer Dash Camera Products is located at https://pioneer-india.in/privacy-policy/dash-camera-app/ and is incorporated into this Agreement. The Privacy Policy describes rules regarding our collection, storage, use, processing, sharing, and disclosure of your information. If you do not agree to the terms and conditions under this Agreement, you must not use or access Pioneer Dash Camera Products.

1.2 You acknowledge and warrant that you will comply with applicable law and you have the right, authority, expertise, and ability to enter into this Agreement and to comply with all the terms and conditions of this Agreement (including, when entering into this Agreement on behalf of a legal entity, authority to bind such legal entity).

2. Definitions

The terms and expressions that are used in this Agreement shall have the meaning ascribed to them as below. The terms and expressions used herein but not defined shall have the same meaning as attributed to such terms and expressions in the Privacy Policy. This Agreement and the Privacy Policy are to be interpreted harmoniously at all events; provided, however, in the event of a conflict, this Agreement shall prevail.

1. “Agreement” shall refer to this Agreement to Use Pioneer Dash Camera Products. The terms and conditions under this Agreement shall be available for your review through the Application, and shall be available for periodic review at https://pioneer-india.in/dash-camera-agreement-to-use/ , as updated.
2. “Affiliates” shall refer to Pioneer’s affiliates, associates, and subsidiaries, and their chairpersons, directors, employees, officers, partners, subsidiaries, shareholders, authorized contractors and sub-contractors, dealers, distributors, retailers, agents, and assigns.
3. “Product” shall refer to Pioneer’s dashboard camera product including, but not limited to, the complete range of devices, components, parts, accessories for the same.
4. “Application” shall refer to a mobile/web-based companion application having the feature to connect mobile devices to Product in order to control Product and to remotely capture and access both live and recorded videos.
5. “Systems” shall refer to any services offered by us with respect to our Products and Application.
6. “Contents” shall refer to the visuals, graphics, designs, software, computer code, product literature, user manuals and all other elements of Product, Application and Systems.
7. “Pioneer Dash Camera Products” shall refer to Product, Application, Systems, and Contents collectively.
8. “Pioneer,” “our,” ”we,” or “us” shall refer to the party identified in the table below, which shall be the contracting party to this Agreement based on the Product, Application, or Systems and Contents. “User Country,” for purposes of this definition, is the country where you purchased the Product.

   Item	Party
   Product	The Pioneer Group Sales Company that covers the User Country.
   Application	Pioneer India Electronics Private Ltd.
   Systems and Contents	Product / Regarding Product: The Pioneer Group Sales Company that covers the User Country./ Application / Regarding Application: Pioneer India Electronics Private Ltd.

9. “Pioneer Group Sales Company” shall refer to a company listed from time to time at https://global.pioneer/en/corp/group/.
10. “You,” “your,” or “User” shall refer to individual(s), entity(ies) or group(s) who directly or indirectly purchase, acquire, use and access Pioneer Dash Camera Products.
11. “Limited Warranty Statement” shall refer to Article 5 of this Agreement.
12. “Privacy Policy” shall refer to Pioneer’s privacy policy as provided and updated from time to time at https://pioneer-india.in/privacy-policy/dash-camera-app/ .
13. “Governing Law” and “Governing Courts” mean, for each Pioneer Group Sales Company, the laws and courts set forth in the following table:

    Pioneer Group Sales Company (Pioneer)	Governing Laws	Governing Courts
    Pioneer Europe NV	The laws of Belgium	The courts of Antwerp
    Pioneer Electronics (USA) Inc.	The laws of the State of California	The federal or state courts of competent jurisdiction in Los Angeles County, California
    Pioneer India Electronics Private Ltd.	The laws of India	The courts in New Delhi, India
    Others	The laws of Japan, unless the laws of Japan cannot be applied, in which case it shall be the laws of the User Country or another jurisdiction chosen at the discretion of Pioneer.	The courts of Japan, unless the courts of Japan cannot exercise jurisdiction, in which case it shall be the courts of the User Country or another jurisdiction chosen at the discretion of Pioneer.

3. Use by Minors, etc.

By using our Pioneer Dash Camera Products, you confirm that you are capable and over the permissible age to enter into a contract and satisfy the qualifications for driving an automobile in the jurisdiction where you use Pioneer Dash Camera Products (for example, over 16 years of age in some jurisdictions). If you are qualified to drive an automobile but are not capable or over the permissible age to enter into a contract, you must obtain the consent of your legal guardian to use Pioneer Dash Camera Products, such as a person who has parental authority over you.

4. Intellectual Property Rights

4.1 Ownership. Any and all rights, including copyrights and any other intellectual property rights pertaining to Contents provided to you through Pioneer Dash Camera Products, shall belong to Pioneer and its licensors, and are only licensed and not sold to you. You agree not to reproduce, modify, publicly transmit, alter, damage, remove or obscure, etc. the intellectual property rights and proprietary rights of all or part of the Pioneer Dash Camera Products in any form.

4.2 License. Conditioned on your compliance with this Agreement, Pioneer grants you a limited, revocable, personal, non-exclusive, non-sublicensable, and non-transferable license to download, install, and use the Application, and to use the Contents and Systems, for your personal, non-commercial use on a mobile device owned or otherwise controlled by you solely in connection with your operation of the Products owned by you.

4.3 Open Source Software. Certain items of software included with Pioneer Dash Camera Products are subject to “open source” or “free software” licenses (collectively “Open Source Software”). Each item of Open Source Software is licensed to you under the terms of the license that accompanies such Open Source Software by the Open Source Software licensor. Notwithstanding anything to the contrary, nothing in this Agreement limits your rights under, or grants you rights that supersedes, the terms and conditions of any applicable license for Open Source Software.

5. Conditions for Use and Limited Warranty

5.1 Prohibited Acts. You are prohibited from and agree to not (each a “Prohibited Act”):

1. Access, use, or tamper with the non-public interface of the Pioneer Dash Camera Products or associated software, platforms, networks, or systems, or work around, disable, bypass, modify, or defeat any technical protection measures in Pioneer Dash Camera Products.
2. Breach the terms and conditions of this Agreement or any other policy/statement pertaining to usage or purchase of Pioneer Dash Camera Products.
3. Disassemble, decompile, reverse engineer, reproduce, or otherwise attempt to derive the source code of Pioneer Dash Camera Products, except to the extent that such actions cannot be prohibited by applicable law.
4. Edit, modify, reproduce, translate, merge, adapt, vary, or create derivative works or make unlawful and unauthorized use of Pioneer Dash Camera Products and its related material.
5. Misuse Pioneer Dash Camera Products, or any content, features, skills, or software thereof in any manner other than as permitted under this Agreement.
6. Use the Pioneer Dash Camera Products or data, information, or software details associated with or derived from it for commercial use, or otherwise rent, lease, sub-license, sell, distribute, publicly display, or make Pioneer Dash Camera Products available over any communication network where it could be used by multiple users/or devices at the same time or otherwise provide or make available the Application in whole or in part in any form to any person except as allowed under this Agreement.
7. Use Pioneer Dash Camera Products in violation of applicable law (including use in situations or areas where dash cams are not permitted) or to infringe upon the rights of others, including but not limited to privacy rights and rights in copyright, trademark, and patent laws. This means you must not copy, distribute, display, or create derivative works from any content or material that you do not own or have explicit permission to use. Similarly, the laws of your jurisdiction may require you to obtain the express consent of passengers before using the Pioneer Dash Camera Products, and it is solely your responsibility to do so.

5.2 No Liability. PIONEER SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DEFECT IN THE OPERATIONS OF PIONEER DASH CAMERA PRODUCTS OWING TO ANY PROHIBITED ACTS UNDERTAKEN BY YOU OR BY SOMEONE ON YOUR BEHALF.

5.3 Limited Warranty. The Product is warranted against manufacturing defects in material and workmanship for a continuous period of twelve (12) months from the date of purchase of the Product (“Limited Warranty”).

5.5 Different Warranty Terms. Notwithstanding the above, if different warranty terms are provided by Pioneer Group Sales Company or distributor (such as via a link to a warranty posted online or inclusion of a warranty card), the expiration of the twelve (12) months Limited Warranty period and other terms thereof may be adjusted in accordance with the different warranty terms. If there is any conflict between this Limited Warranty and the different warranty terms, the different warranty terms shall prevail, so please carefully confirm the warranty terms provided by Pioneer Group Sales Company or distributor.

5.5 Use of the Limited Warranty. To use the Limited Warranty service, you must provide (i) if a warranty card was issued to you by the dealer at the time of purchase, such duly filled and stamped warranty card; and (ii) the purchase invoice for the Product. Replacement or returns during the warranty period shall be carried on “carry in” basis, wherein you must bring the Product to the authorized service centre with whom the Product is registered, for warranty service. All the accessories, parts, and components accompanying the main Product, such as user manuals, power supply adaptors, power cables, connecting cables or other items included with the Product, must be returned with it in a proper, safe, and efficient manner.

5.6 Repair or Replacement. Pioneer’s obligation under the Limited Warranty with respect to the Products shall be limited to return or replacement of the defective Products at Pioneer’s discretion. Repairs will be carried out through Pioneer or its authorized service centers. The time taken for replacement or return in transit, whether under the Limited Warranty or otherwise shall not extend the warranty period. Pioneer or its authorized service centre, reserves the right to retain any part(s) or component(s) of equipment replaced at its discretion in the event of a defect being noticed in such equipment during the warranty period.

5.7 Applicability of Limited Warranty. THIS LIMITED WARRANTY IS NOT APPLICABLE IN ANY OF THE FOLLOWING CASES:

1. The limited warranty is available to the first purchaser of the product only.
2. You commit a prohibited act.
3. The product is not used according to instructions given in the user manual. The limited warranty does not cover defects caused by improper use of the product as determined by the authorized dealer or its personnel.
4. Problems arising from improper handling, including:
   1. Improper maintenance, modification, or use of external parts, or supplies,
   2. Modification or alteration of any nature in the electrical circuitry or physical construction of the product,
   3. Installation/repair work carried out by persons/agency other than those authorized by Pioneer, or
   4. Improper storage site (position in vehicle where the product is kept) or conditions that do not conform to the recommended operating conditions of the product.
5. The original serial number of the product is removed, obliterated, or altered.
6. Defects due to causes beyond control of the user, such as lightning, abnormal voltage, or acts of God.
7. Returned product does not meet the aforesaid criteria, i.e., all the accessories, parts, and components accompanying the main product—such as but not limited to user manuals, power supply adaptors, power cables, connecting cables, or other items included with the product—are not returned in a proper, safe, and efficient manner.

5.8 Scope of Limited Warranty. THE LIMITED WARRANTY DOES NOT COVER ANY ACCESSORIES EXTERNAL TO THE PIONEER DASH CAMERA PRODUCTS AND DOES NOT COVER THE COST OF TRANSPORTATION OF THE PRODUCT TO THE SERVICE CENTRE.

5.9 Change of Information. Any information about pricing, specifications, and in general case all information about, relating to, or in connection with Pioneer Dash Camera Products is subject to change without any notice to the User.

5.10 Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STIPULATED HEREIN, THE PIONEER DASH CAMERA PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND NO WARRANTY (INCLUDING ANY IMPLIED WARRANTY AS TO QUALITY, NONINFRINGEMENT, FITNESS FOR PURPOSE, CONFORMITY WITH DESCRIPTION, RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS) APPLIES THERETO. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT, PIONEER DOES NOT WARRANT, EXCEPT AS PROVIDED UNDER THIS AGREEMENT, THAT PIONEER DASH CAMERA PRODUCTS: (i) WILL PERFORM ERROR-FREE, DEFICIENCY-FREE, OR UNINTERRUPTED, OR THAT PIONEER WILL CORRECT ALL OR ANY ERRORS, DEFICIENCIES, OR DEFECTS, IN ANY OR ALL EVENTS; (ii) WILL OPERATE IN COMBINATION WITH ANY OF YOUR UNAUTHORIZED DEVICES (SUCH AS DESKTOPS, LAPTOPS, TOUCH PADS, MOBILE PHONES, CABLES, ETC.), OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, OR DATA NOT PROVIDED AND AUTHORIZED BY PIONEER; AND (iii) WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS, OR EXPECTATIONS.

6. Acknowledgement by You.

6.1 By agreeing to this Agreement and using the Pioneer Dash Camera Products, you acknowledge and agree to the following:

1. Compliance with Applicable Law. Pioneer Dash Camera Products are made to be used in compliance with applicable law. You understand that you are responsible for complying with any applicable laws relating to recording or sharing of video or audio content, including obligations to obtain consent for the recording of third parties or in public or private spaces.
2. Connectivity and Availability. Pioneer Dash Camera Products require certain conditions to perform efficiently and hassle-free, including a live power supply. You need to ensure that such conditions are met and shall be solely responsible if you are not able to utilize the full features of the Pioneer Dash Camera Products due to failure to meet the conditions in its user manual. You must also ensure that updates to the Pioneer Dash Camera Products can be downloaded and installed via an Internet connection.
3. Installation and Use. You agree and acknowledge that Pioneer will not provide any installation services for any Pioneer Dash Camera Products. Pioneer Dash Camera Products are to be installed at your direction and you are solely liable for the decisions you take related to the installation and use of Pioneer Dash Camera Products. This includes:
   1. The installation guidelines and user manual instructions for proper installation,
   2. Selection of proper installation location for Pioneer Dash Camera Products,
   3. Availability of proper Internet services for updating Pioneer Dash Camera Products,
   4. Availability of a proper power supply for Pioneer Dash Camera Products,
   5. Activation or deactivation of any additional product accessory bought with Pioneer Dash Camera Products, and
   6. Testing Pioneer Dash Camera Products and ensuring that it is working as per its use and specifications and compliance with applicable law.
   Pioneer strongly recommends professional installation for proper functioning of the Pioneer Dash Camera Products.
4. Not for Anti-Crime Use. Pioneer and Pioneer Dash Camera Products do not provide a guaranteed protection against robbery, theft, burglary, fire, smoke, natural calamity, damage, physical injury, or any other type of damage or emergency. You are solely responsible for determining your personal or vehicle insurance needs and selecting an appropriate insurance plan. You are solely responsible for your personal safety and/or safety of your vehicle and for the loss or damage incurred by you or your property.
5. Not for Emergency Use. Pioneer Dash Camera Products are intended to be used as monitoring devices for personal use only and are not certified for emergency response. Pioneer Dash Camera Products do not provide any third-party alarm monitoring services, including any automatic contact with local police authorities. Pioneer Dash Camera Products are not intended to be used as personal safety devices or as emergency devices.
6. Telecommunication Failures. Pioneer Dash Camera Products may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Consequently, we are not responsible for:
   1. Any delays, delivery failures, or other damages as a result of such limitations, delays, and other problems; and
   2. Issues related to the performance, operation, or security of Pioneer Dash Camera Products, transfer of data over any communication facilities, including the Internet, Wi-Fi connection, any web-based application, mobile application, software, and other related or pertinent facilities and services that arise as a consequence therefrom.

7. Data Collection and Management

We collect, use, and protect your data in accordance with our Privacy Policy. For the details of the scope of your data that we collect and how it is used and protected, please refer to our Privacy Policy. You are solely liable for storing and managing the data and information that is stored on your Product or via your access to Application, Systems or Contents. We expressly disclaim any obligation or consequent liability and shall not be responsible for the loss or management of such data.

8. Term and Termination

8.1 Term.
The term of this Agreement will commence on the Effective Date and will remain in effect until terminated under this Article.

8.2 Termination by You.
You are free to withdraw your consent to this Agreement and terminate it at any time. If you choose to withdraw consent and terminate this Agreement, please complete the following items (a) to (d) below. The Agreement shall be terminated on the date that these are completed by you:

1. Dispose or transfer of the Product.
2. Stop using the Systems.
3. Delete the Application under your possession or control in a non-reproducible form.
4. Delete all Contents (including copies) relating to Pioneer Dash Camera Products provided by Pioneer or Affiliates under your possession in a non-reproducible form.

This termination does not affect the lawfulness of processing of data and information received prior to the withdrawal of your consent. Upon such withdrawal, Pioneer will cease all data processing activities related to your personal information and update our systems accordingly to ensure your preferences are respected.

8.3 Suspension or Termination by Pioneer.
If in any scenario or circumstance, you breach any of the terms and conditions stated by this Agreement or any other policy/statement including, but not limited to, the user manuals, Privacy Policy, and the Limited Warranty Statement pertaining to usage or purchase of Pioneer Dash Camera Products, Pioneer reserves the right to fully or partly terminate your access to any of Pioneer Dash Camera Products, with or without any prior notice. You agree that in scenarios of the termination or suspension due to the breach of this Agreement due to any inappropriate and unlawful activity, Pioneer shall not be held liable for the termination. This Agreement and associated remedies are in addition to any other solutions and remedies Pioneer has under applicable law. Upon termination, you shall immediately stop using Pioneer Dash Camera Products. Pioneer will not be held accountable to compensate for any loss, damage, or non-availability of your data including any legal expenses incurred by you in this respect.

9. Electronic Record Identification

9.1 You acknowledge and agree that any electronic records, including but not limited to emails, text messages, notifications, and other forms of digital communication sent by or on behalf of Pioneer, constitute sufficient identification of the origin, destination, date, and time of the transmission or receipt of such records. These electronic records will be considered valid and binding as if they were written and signed documents. You agree to maintain and promptly update any electronic contact information you provide to ensure its accuracy and reliability. Additionally, you are responsible for ensuring that your devices and software support and properly display such electronic records.

9.2 In case of any discrepancies or concerns regarding the authenticity or accuracy of any electronic record received, you must notify Pioneer immediately. Failure to notify Pioneer within a reasonable time frame may result in the acceptance of the electronic record as accurate and binding.

9.3 Pioneer reserves the right to use electronic records for all forms of communication, notifications, and agreements unless explicitly required otherwise by applicable law. The use of electronic records complies with the Information Technology Act, 2000 and any other relevant legislation in India, ensuring that all electronic records are legally enforceable and admissible as evidence in any legal proceedings.

10. Limitation of Liability and Indemnification

10.1 YOU HEREBY IRREVOCABLY RELEASE PIONEER AND ITS AFFILIATES FROM ANY AND ALL LOSSES OR DAMAGES WHICH MAY OCCUR AS A RESULT OF YOUR USE OF PIONEER DASH CAMERA PRODUCTS. YOUR USE, MISUSE, OR ATTEMPTED USE OF PIONEER DASH CAMERA PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE ALLEGED FAILURE OF SUCH PIONEER DASH CAMERA PRODUCTS TO PERFORM, THE ALLEGED FAILURE OF CERTAIN FEATURES OF SUCH PIONEER DASH CAMERA PRODUCTS NOT PERFORMING, YOUR ALLEGED FAILURE TO RESPECT THE PRIVACY RIGHTS OF OTHERS, OR YOUR ALLEGED FAILURE TO COMPLY WITH APPLICABLE LAW SHALL BE SOLELY YOUR RESPONSIBILITY AND PIONEER OR ITS AFFILIATES WILL NOT BE, IN ANY SITUATION WHATSOEVER, HELD RESPONSIBLE FOR YOUR ACTIONS. YOU UNDERSTAND AND AGREE THAT IN CASE OF RETURNS OR REPLACEMENTS, OR ANY ALLEGED PRODUCT FAILURE, OR ANY ACT OF OMISSION OF PIONEER, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, THE MAXIMUM AGGREGATE LIABILITY FOR DAMAGES IS LIMITED TO THE ACTUAL AMOUNT YOU PAID FOR PIONEER DASH CAMERA PRODUCTS, WHICH AT THE SOLE DISCRETION OF PIONEER, MAY BE FULFILLED BY REPLACEMENT OF PIONEER DASH CAMERA PRODUCTS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL PIONEER BE LIABLE FOR ANY LOSSES, DAMAGES, LOST SAVINGS, LOST PROFITS, OR INCIDENTAL, DIRECT, INDIRECT, SPECIAL, OR SITUATIONAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF PIONEER IS INFORMED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

10.2 IN A SITUATION OF AN ACTION OR CLAIM BEING FILED OR MADE AGAINST PIONEER OR ITS AFFILIATES BY ANY THIRD PARTY ARISING OUT OF YOUR ERRONEOUS OR ILLEGAL USAGE OF PIONEER DASH CAMERA PRODUCTS INCLUDING, BUT NOT LIMITED TO, ANY LOSSES, DAMAGES, CLAIMS, ACTIONS, OR LAWSUITS ARISING OUT OF NON-PERFORMANCE OR NON-SATISFACTORY PERFORMANCE DUE TO IMPROPER INSTALLATION OF PIONEER DASH CAMERA PRODUCTS OR IMPROPER USAGE OF PIONEER DASH CAMERA PRODUCTS THAT REDUCE THE EFFICACY OF PIONEER DASH CAMERA PRODUCTS, OR ANY OTHER LOSS OR DAMAGE ARISING OUT OF ANY MISUSE OF SUCH PIONEER DASH CAMERA PRODUCTS (“CLAIMS”), YOU AGREE TO BE SOLELY RESPONSIBLE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PIONEER AND ITS AFFILIATES FROM AND AGAINST ALL SUCH CLAIMS AND ANY LEGAL COSTS INCURRED BY PIONEER OR ITS AFFILIATES IN RESPONSE TO SUCH CLAIMS.

10.3 THESE OBLIGATIONS HOLD TRUE IN ALL CIRCUMSTANCES IRRESPECTIVE OF WHETHER SUCH CLAIM IS BASED ON ACTIVE OR PASSIVE USE, MISUSE, NEGLIGENCE, BREACH OF THIS AGREEMENT OR OUR PRODUCT POLICIES OR THE LIMITED WARRANTY STATEMENTS, OR FAILURE TO COMPLY WITH APPLICABLE LAW. YOU AGREE TO SAVE, DEFEND, AND INDEMNIFY PIONEER AND ITS AFFILIATES FROM ALL CLAIMS FOR SUBROGATION WHICH MAY BE BROUGHT AGAINST US BY ANY INSURANCE COMPANY OR INSURER OR ITS AGENTS OR ASSIGNS. THIS INCLUDES ALL OUR LOSSES, DAMAGES, OR ANY LEGAL COSTS INCURRED BY US IN RESPONSE TO SUCH CLAIMS.

10.4 YOU HEREBY WAIVE ALL RECOVERY CLAIMS AGAINST PIONEER OR ITS AFFILIATES FOR ANY LOSS OR DAMAGE OR EXPENSE INCURRED TO ANY PERSON OR PROPERTY, OR ANY LOSS INSURED UNDER ANY VALID OR COLLECTIBLE INSURANCE POLICY. THIS WAIVER OF SUBROGATION WILL EXTEND TO ALL CASES OF SUBROGATION INCLUDING, BUT NOT LIMITED TO, EQUITABLE AND CONVENTIONAL SUBROGATION, AND SHALL BE LEGALLY BINDING TO ANY AND ALL THE ASSIGNS OR SUBROGATES OF YOUR RIGHTS. UNDER NO CIRCUMSTANCES YOU SHALL ENTER INTO ANY AGREEMENT OR SETTLEMENT WITH ANY OTHER INDIVIDUAL OR THIRD PARTY THAT HAMPERS, EFFECTS, OR BINDS RIGHTS OF PIONEER OR ITS AFFILIATES IN ANY WAY, WITHOUT ANY PRIOR WRITTEN CONSENT FROM PIONEER.

11. Export Control

11.1 The User may not use, export, or re-export Pioneer Dash Camera Products and any documents related thereto in any manner other than that permitted by the laws of the United States, Japan, European Economic Area (EEA), and United Kingdom. In particular, the User may not export or re-export Pioneer Dash Camera Products and any documents related thereto to any of the following countries or persons (however, these are not limited to the following countries or persons):

1. Countries to which the United States, Japan, European Economic Area (EEA), and United Kingdom have imposed embargoes; and
2. Addresses listed on the Specially Designated Nationals and Blocked Persons List by the U.S. Department of the Treasury (https://ofac.treasury.gov/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists) and the Lists of Parties of Concern by the U.S. Department of Commerce (https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern).

11.2 The User represents and warrants to Pioneer that the User does not live in a country that either falls under item 1 of the preceding paragraph or is included in the lists set forth in item 2 of the preceding paragraph. The User will also be deemed to have agreed not to use Pioneer Dash Camera Products and any documents related thereto for the purpose of developing, designing, manufacturing, or producing nuclear, missile, chemical, biological, or conventional weapons, or for any purpose prohibited by the laws of the United States.

12. Modification of the Agreement

12.1 Pioneer reserves the right to change, modify, edit, or delete certain or all clauses of this Agreement at any time owing to continuous efforts to improve Pioneer Dash Camera Products or the introduction of new Pioneer Dash Camera Products. We shall notify the User in advance of the fact that the terms and conditions of this Agreement will be amended, the details of the new Agreement after such amendment, and the effective date thereof, by the time such amendment becomes effective by appropriate means, such as posting on the website, email communication, or SMS communication. If the User uses Pioneer Dash Camera Products after such announcement, the User shall be bound by the terms and conditions as if User has agreed to the new Agreement.

12.2 If there exists another agreement provided separately for certain Pioneer Dash Camera Products, the terms and conditions of such agreement shall take precedence over this Agreement; however, the matters not provided for in such agreement shall be subject to this Agreement.

13. Governing Law and Dispute Resolution

13.1 Governing Laws, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

13.2 Any dispute or claim arising out of or in connection with this Agreement (including non-contractual disputes or claims) will be adjudicated in Governing Courts exclusively.

14. Effect of Waiver

To the extent that anything associated with use of and access to Pioneer Dash Camera Products is in conflict or inconsistent with this Agreement, this Agreement shall take precedence and prevail. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any discontinuance of the access or use of Pioneer Dash Camera Products. Further, any delay or forbearance on the part of Pioneer in exercising any of the rights available to it shall not be construed as any waiver of any rights available to Pioneer.

15. Independent Contractor

No joint venture, partnership, employment, or agency relationship exists between any of the End-Users of Pioneer Dash Camera Products and Pioneer or between any other third party and Pioneer as a result of this Agreement or use of Pioneer Dash Camera Products.

16. Assignment

You may not transfer or assign to anyone else, either temporarily or permanently, this Agreement or any rights to use and access/browse Pioneer Dash Camera Products as a whole or the Application, Contents or Systems individually or any content/service/software/upgrade/part/component thereof. Any attempt by you to do so will be void. Pioneer (if applicable) may assign, transfer, delegate and/or grant all or any part of its/their rights, privileges, and properties hereunder to any person or entity.

17. Severability

If any clause or provision of this Agreement is held to be improper, unlawful, void or invalid, or otherwise unenforceable, then that particular provision shall be edited or eliminated from this Agreement to the minimum extent required, and the remaining clauses and provisions shall remain unaffected and will remain true and enforceable.

18. Cessation of Operation

Pioneer may at any time, by its sole discretion and without advance notice to you, cease operation of Pioneer Dash Camera Products or any content/associated service/upgrade/software/part/component thereof and provision of Pioneer Dash Camera Products or any content/associated service/upgrade/software/part/component thereof or related devices (if any).

19. Force Majeure

Pioneer will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of god, war, terrorism, armed conflict, labour strike, lockout, or boycott.

20. Survival

Upon termination of this Agreement, any clause or provision, which by its nature, express terms or otherwise stated, is intended to survive termination, including under Section 2 (Definitions), Section 4 (Intellectual Property Rights), Section 5 (Conditions for Use and Limited Warranty) only to the extent of the warranty period, Section 10 (Limitation of Liability and Indemnification), Section 11 (Export Control), Section 13 (Governing Law and Dispute Resolution), Section 14 (Effect of Waiver), Section 17 (Severability), this Section 20 (Survival), and Chapter 2 and Chapter 3 to the extent they modify the above, will survive any termination or expiration of this Agreement.

21. Entire Agreement

This Agreement is the entire agreement to be considered between you and Pioneer before using any Pioneer Dash Camera Products and cannot be modified except any future modification the Agreement is subjected to by Pioneer.

Chapter 2　Special Provisions for EEA/UK Residents

The clauses set out in this Chapter 2 provide additional protections to, and where so indicated prevail over the corresponding provisions of Chapter 1 (General Rules) for any User who is domiciled within the European Economic Area (EEA) or the United Kingdom. The provisions of Chapter 1 (General Rules) that are not affected by the provisions of this Chapter 2 shall remain in full force and effect.

1. Mandatory Consumer Law and Jurisdiction

For a User who qualifies as a consumer, regardless of the Governing Law according to Section 12.1 of Chapter 1 (General Rules), the mandatory provisions of consumer protection law in the Member State in which that User is domiciled remain applicable. Where any clause of this Agreement is incompatible with such mandatory provisions, the latter shall prevail.

Notwithstanding Section 12.2 of Chapter 1 (General Rules), any User who qualifies as a consumer may, in addition to the Governing Courts designated therein, bring proceedings regarding any dispute or claim arising out of or in connection with this Agreement (including non-contractual disputes or claims) before the competent courts of the Member State in which that User is domiciled.

2. Conformity

In deviation of Section 4.3 of Chapter 1 (General Rules), and for a User who qualifies as a consumer, the Product is warranted against manufacturing defects in material and workmanship for a continuous period of 2 (two) years from the date of purchase of the Product (“Limited Warranty”). The period of two years shall be suspended during the time required for the repair or replacement of the goods or in the event of negotiations between Pioneer and the User-consumer with a view to reaching an amicable settlement.

In deviation of Section 4.10, except as otherwise expressly stipulated herein, and to the maximum extent permitted by applicable law, the Pioneer Dash Camera Products are supplied on an “as is” basis. Pioneer gives no additional express warranties, conditions or representations of any kind, including warranties of merchantability or fitness for a particular purpose not expressly notified by the User who qualifies as a consumer, and accepted by Pioneer in writing. Furthermore, except as otherwise expressly stipulated herein, and to the maximum extent permitted by applicable law, Pioneer does not warrant that Pioneer Dash Camera Products (i) will perform error-free, deficiency-free or uninterrupted, or that Pioneer will correct all or any errors, deficiencies or defects in any or all events; (ii) will operated in combination with any of your unauthorized devices (such as desktops, laptops, touch pads, mobile phones, cables, etc.), or with any other hardware, software, systems or data not provided and authorized by Pioneer; and (iii) will meet your requirements, specifications or expectations not expressly notified and accepted by Pioneer in writing.

All other provisions of Section 5 remain in full force and effect.

3. Limitation of Liability

Section 10 of Chapter 1 (General Rules) shall be replaced by the following text:

10.1 “YOU HEREBY FREE PIONEER, AND ITS AFFILIATES FROM ANY AND ALL LOSSES OR DAMAGES WHICH MAY OCCUR AS A RESULT OF YOUR MISUSE OF PIONEER DASH CAMERA PRODUCTS. YOUR USE, MISUSE, OR ATTEMPTED USE OF PIONEER DASH CAMERA PRODUCTS INCLUDING, BUT NOT LIMITED TO, YOUR ALLEGED FAILURE TO RESPECT THE PRIVACY RIGHTS OF OTHERS OR YOUR ALLEGED FAILURE TO COMPLY WITH APPLICABLE LAW, SHALL BE SOLELY YOUR RESPONSIBILITY AND PIONEER OR ITS AFFILIATES WILL NOT BE, IN ANY SITUATION WHATSOEVER, HELD RESPONSIBLE FOR YOUR ACTIONS. YOU UNDERSTAND AND AGREE THAT IN CASE OF RETURNS OR REPLACEMENTS, OR ANY ALLEGED PRODUCT FAILURE, OR ANY ACT OF OMISSION OF PIONEER, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, THE MAXIMUM AGGREGATE LIABILITY FOR DAMAGES IS ONLY LIMITED TO THE ACTUAL AMOUNT YOU PAID FOR PIONEER DASH CAMERA PRODUCTS, WHICH AT THE SOLE DISCRETION OF PIONEER, MAY BE FULFILLED BY REPLACEMENT OF PIONEER DASH CAMERA PRODUCTS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO CIRCUMSTANCES PIONEER WILL BE LIABLE FOR ANY LOSSES, DAMAGES, LOST SAVINGS, LOST PROFITS OR INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR SITUATIONAL DAMAGES, ARISING OUT OF OR RELATING TO YOUR IMPROPER USE, INSTALLATION OR INTENDED OR ACCIDENTAL BREACH OF THIS AGREEMENT, EVEN IF PIONEER IS INFORMED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

10.2 IN A SITUATION OF AN ACTION OR CLAIM BEING FILED OR MADE AGAINST PIONEER OR ITS AFFILIATES BY ANY THIRD-PARTY ARISING OUT OF YOUR ERRONEOUS OR ILLEGAL USAGE OF PIONEER DASH CAMERA PRODUCTS INCLUDING, BUT NOT LIMITED TO, ANY LOSSES, DAMAGES, CLAIMS, ACTIONS AND LAWSUITS ARISING OUT OF NON-PERFORMANCE OR NON-SATISFACTORY PERFORMANCE DUE TO IMPROPER INSTALLATION OF PIONEER DASH CAMERA PRODUCTS OR IMPROPER USAGE OF PIONEER DASH CAMERA PRODUCTS THAT REDUCE THE EFFICACY OF PIONEER DASH CAMERA PRODUCTS, OR ANY OTHER LOSS OR DAMAGE ARISING OUT OF ANY MISUSE OF SUCH PIONEER DASH CAMERA PRODUCTS (“CLAIMS”), YOU AGREE TO BE SOLELY RESPONSIBLE AND AGREE TO INDEMNIFY, DEFEND, SAVE, SUPPORT AND HOLD HARMLESS PIONEER AND ITS AFFILIATES FROM AND AGAINST ALL SUCH CLAIMS AND ANY LEGAL COST INCURRED BY PIONEER OR ITS AFFILIATES IN RESPONSE TO SUCH CLAIMS.

10.3 THESE OBLIGATIONS HOLD TRUE IN ALL CIRCUMSTANCES IRRESPECTIVE OF WHETHER SUCH CLAIM IS BASED ON ACTIVE OR PASSIVE USE, MISUSE, NEGLIGENCE, BREACH OF THIS AGREEMENT OR OUR PRODUCT POLICIES OR THE LIMITED WARRANTY STATEMENTS, FAILURE TO COMPLY WITH APPLICABLE LAW. YOU AGREE TO SAVE AND DEFEND PIONEER AND ITS AFFILIATES FROM ALL CLAIMS FOR SUBROGATION WHICH MAY BE BROUGHT AGAINST US BY ANY INSURANCE COMPANY OR INSURER OR ITS AGENTS OR ASSIGNS. THIS INCLUDES ALL OUR LOSSES, DAMAGES, OR ANY LEGAL COST INCURRED BY US IN RESPONSE TO SUCH CLAIMS.

10.4 UNDER NO CIRCUMSTANCES YOU SHALL ENTER INTO ANY AGREEMENT OR SETTLEMENT WITH ANY OTHER INDIVIDUAL OR THIRD PARTY THAT HAMPERS, EFFECTS OR BINDS RIGHTS OF PIONEER OR ITS AFFILIATES IN ANY WAY, WITHOUT ANY PRIOR WRITTEN CONSENT FROM PIONEER.”

10.5 No limitation or exclusion of liability in this Agreement shall operate as to exclude (i) liability for death or personal injury caused by negligence; (ii) liability for fraud, gross or willful negligence; (iii) liability for a party’s failure to perform an obligation that constitutes one of its principal performances of this Agreement, except to the extent that such failure results directly and exclusively from an event of force majeure beyond that party’s reasonable control; or (iv) any other liability that cannot be lawfully excluded or limited under applicable law.

Chapter 3　Special Provision for US and Canada Residents

The clauses set out in this Chapter 3 provide additional protections to, and where so indicated prevail over the corresponding provisions of Chapter 1 (General Rules) for any User who is domiciled within the United States of America or Canada. The provisions of Chapter 1 (General Rules) that are not affected by the provisions of this Chapter 3 shall remain in full force and effect.

1. U.S. Government Restricted Rights. The Pioneer Dash Camera Products are commercial items, as that term is defined in the Code of Federal Regulations, including commercial computer software and commercial computer software documentation, as those terms are used in the Code of Federal Regulations. If the Pioneer Dash Camera Products are acquired by or on behalf of the U.S. government or by a U.S. government contractor (including without limitation prime contractors and subcontractors at any tier), then in accordance with the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement, the government’s rights to the Pioneer Dash Camera Products are limited to the commercial rights specifically granted in this Agreement, as restricted by this Agreement. The rights limited by the preceding sentence include, without limitation, any rights to reproduce, modify, perform, display, disclose, release, or otherwise use the Pioneer Dash Camera Products. This Section does not grant any rights not specifically set forth in this Agreement.
2. To the extent that Section 10 of Chapter 1 (General Rules) is illegal or unenforceable in your jurisdiction, such illegal or unenforceable portion shall not apply to you, but the remainder of such clause shall remain unaffected and will apply to you.

* Trademarks, etc. The names and logos used in this Application may be used as trademarks belonging to other companies.