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TERMS AND CONDITIONS

Last updated

Sep 19, 2023

Warranty


Otodata is a manufacturer of remote tank monitoring hardware, software and applications. Parts of Otodata solutions operate on existing wireless technologies such as 3G/4G, LTE, CAT-M and NB-IoT, which are supported by existing telecommunications system operators.

Otodata will be providing hardware and services to the Client. The Client is a fuel marketer which will be using Otodata hardware, software and services in their daily operations to help their fuel delivery business operate more efficiently and profitably.


Equipment

Remote tank monitoring hardware, which is battery powered, operating on 3G/4G, LTE, CAT-M and/or NB-IoT cellular technology. It carries a 5-year warranty against manufacturing defects with an average battery life of 15+ years under normal settings and conditions. The warranty will be rendered null and void if the unit is altered in any way, disassembled, physically damaged or if it’s not used in its intended environment.


Floats, leads, gauges, dials & accessories carry a one-year warranty.


Otodata guarantees that the Readers are free from manufacturing defects and undertakes to replace or repair, without charge, any defective Readers within four (4) weeks of receiving a faulty Reader. Damage caused by mishandling or installation is not covered by this warranty. The Client must request authorization to return a faulty Reader. The authorization number must be written on the returned package. Replacement of the returned unit will be subject to final approval by Otodata.


Services

Includes the Otodata portal, which is a full-featured tank monitoring management system, accessible through the Internet by the Client allowing their personnel to view and manage, set alerts, send alerts and authorize application users.


Also included, is a free mobile app to all Clients allowing their customers to view their tank levels in real-time, consult usage history, be alerted when their tanks are low on fuel, request refills, and contact them directly at a press of a button.


FCC Rules

The Otodata remote tank monitoring device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. This device is also compliant with Industry Canada's RSS standards for licence-exempt radio apparatuses. Authorized use depends on the following two conditions: (1) the device must not create radio interference, and (2) the device user must accept all radio interference, even if this interference could potentially impair its functioning.


WARNING
This monitor has been tested and certified safe for use in Class 1, Division 2, Groups C & D T3 hazardous locations. Changes or modifications to the unit must only be performed by an authorized Otodata technician. For outdoor use only. Explosion Hazard - Batteries must only be changed in an area free of ignitable concentrations. Do not open when an explosive atmosphere is present. Potential electrostatic charging hazard - wipe only with a damp cloth.


Battery Replacement

Please contact Otodata Support or your sales representative for battery replacement programs. On-site battery replacement is only suitable for our TM6030, TM6035, TM5030 and TM5035 series of products (as long as the operation is performed by properly trained technicians and following the corresponding Otodata procedure.) Consult with your representative to know more about Otodata’s training for your technicians. Due to battery configuration and Hazardous Location restrictions, battery replacement for TM7530HP series must be performed on Otodata premises.


Warranty Claim Process

To obtain remedies under this Warranty, Otodata Wireless Network Inc. must receive the Client claim before the end of the Warranty Period. To do so, the Client may contact us via email at info@otodatatankmonitors.com, via phone at +1 (844) 763-3344, or by mail at 1212 Louvain Ouest, Montreal, QC H4N 1G5.



Privacy Policy


Otodata Wireless Network Inc. is committed to protect the personal information of the users of the Otodata owned websites (otodata.ca & otodatatankmonitors.com) and online portal, as detailed in the present policy.


Purpose and Scope of the Policy


This privacy policy describes how we collect, use and disclose your personal information as well as cookies and how this personal information can be consulted and corrected when necessary.


By accessing and using Otodata owned websites, you accept the terms and conditions of this policy.


Personal Information Collected


We collect your personal information when you create your account or when you simply access our websites, when you contact our customer service or when you will use our mobile applications and or our associated online portals.


Depending on the circumstances, personal information may include your name, contact information (street address, electronic address, and telephone number), details about your use of the system and data about your consumption and or tank usage as well as your browser preferences and operating system settings.


Use and Communication of your Personal Information


We use and disclose your personal information mainly:


  • To allow us to provide our services;

  • To answer questions and information requests;

  • For any other purposes authorized or required by law;

  • To ensure compatibility with your operating system and its peripherals;

  • To provide you with a desired user experience which may include stored preferences which you have selected and that have been stored and collected in the form of cookies.


When we disclose your personal information to third parties, we take reasonable measures to ensure that the rules set forth in this policy are complied with.


Right to Access and Correct


On written request and subject to proof of identity, you may consult the personal information that we have disclosed, and ask that any necessary corrections be made, where applicable, as authorized or required by law.


However, to make sure that the personal information we maintain about you is accurate and up to date, please inform us immediately of any change in your personal information.


Update


This Privacy Policy may be amended without notice.


Any request to access or correct your personal information and any question or comment you may have with respect to our privacy policy must be sent to the Privacy protection team by mail or email using the following contact information:


Privacy Policy

Otodata Wireless Network Inc.

1212 Louvain Ouest, Montreal, QC H4N 1G5

privacy@otodata.ca



Terms of Use


This document, (the “Terms of Use”) is a contract between You (“you”) and Otodata Wireless Network Inc. (“us” or “we”) concerning your use of the Otodata mobile application (the “Application”), the web based dashboard and the Otodata RTLM unit (Remote tank level monitor) (the “services”). By accepting these Terms of Use and by continuing to use the Mobile Application, our devices and our services, you agree to all the terms and conditions stated in these Terms of Use. The use of updated versions of the Mobile Application and web based dashboard may be subject to new or additional Terms of Use. The Application and web dashboard allow a device compatible with the application and its related systems to report and display information to the user. The device may be installed on your tank or reservoir by us or our affiliates or authorized by us for use to connect your tank to the services we offer you, including the functionalities of the Application and web based dashboard, namely the remote monitoring and displaying of tank levels and software updates or customized features. (the “Services”).


1. Conditions of use


You are only allowed to make use of the Application and the Services if you comply with the following:


(a) You shall only use the Services and the Application when it is safe to do so, and you shall only use them in compliance with the law and these Terms of Service. You are solely responsible for the use of the Services and the Application.


(b) If third parties use the Services and Application through your user account, you shall ensure that they only use the Services and the Application when it is safe to do so, and in compliance with the law and these Terms of Use. These Terms of Use apply to all users of your Connected Device. You are responsible and liable for all activities of users of your Connected Device, including all access to or use of the Services. Without limiting the foregoing, it is your responsibility to: (i) inform other users of your Device that their access to and use of the Services is subject these Terms of Use; and (ii) ensure that other users of your device comply with these Terms of Use.


(c) You shall obey all laws, traffic rules, and traffic regulations governing the operation of your vehicle and use of the Application and you will not access and/or use any Service or Connected Device in a manner that violates any law, rule or regulation. Without limiting the foregoing, it is your sole responsibility to exercise good judgment and observe all safety measures required by law, traffic rules, and traffic regulations while accessing and/or using the services and Application.


(d) You represent and warrant that you have reached the age of majority in your jurisdiction of residence and have full legal capacity to enter into binding contracts, or are at least 16 years or age and possess legal parental or guardian consent and are fully able and competent to enter into and abide by these Terms of Use.


(e) You shall be required to create an account to use the Services. You shall (i) provide accurate and complete information; (ii) keep your account and password confidential under your sole supervision; (iii) notify us immediately of any breach of security or unauthorized use of your account using our contact information; and (iv) agree to and abide by the Privacy Policy.


(f) As a condition to your use of the Services and the Application, you agree not to: (i) access, tamper with, or use any non-public areas of the Services, Application or our computer systems; (ii) attempt to probe, scan, or test the vulnerability of the Services, Application or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks; (iii) attempt to decipher, decompile, disassemble, reverse engineer or otherwise investigate any of the software used to provide the Services and the Application; (iv) use the Services or the Application in an abusive way contrary to its intended use or to its documentation; and (v) systematically retrieve data or other content from the Services and the Application to create or compile, directly or indirectly, in single or multiple downloads, a compilation, database or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.


2. The Services


(a) The Services are provided free of charge or for a fee to purchasers and or users of the device. It is understood and agreed that these Terms of Use are personal to you.


(b) We may suspend or discontinue your access to some or all of the Services and some or all of the functionalities of the Application as provided for in these Terms of Use.


(c) We may access, modify or update the software used to deliver the Services and the Application or used by your device without additional notice or consent.


(d) Services may be available for your device that collect data from your tank and or systems and provide you or third parties such as your supplier with diagnostic, usage and level or inventory notifications. Any such services are provided as is and do not report all conditions that may affect the operation of your device. For example, and not limiting the generality of the foregoing, conditions occurring while your device is off or conditions that develop rapidly may not be reported using such services.


(e) Your device must be operational for the Services to be provided, including, but not limited to, a working electrical system (including adequate battery power). Furthermore your device must be installed properly and in conformity to the installation instructions. It is your responsibility to continue to monitor your tank levels directly on the gauge located on the tank. This device, the application and the web based dashboard does not replace readings directly taken from the gauge on your tank. This device, the application and web based dashboard must not be the sole monitoring method used by you or any user under any circumstances.


(f) Without limiting the scope and generality of these Terms of Use, the Services may not be provided if: (i) equipment on your tank isn't properly installed; (ii) you haven't maintained the equipment or your tank in good working order; (iii) you do not comply with all applicable laws; (iv) you try to add, connect or modify any equipment or software in your smartphone or device in which the application is installed (v) your tank or device is not compatible with the Services or the Application; (vi) your device is malfunctioning; and (vii) other problems arise that we cannot control that interfere with the delivery or quality of services, such as hills, tall buildings, tunnels, weather, design of your tank, damage to important parts of your device or tank, or wireless congestion or jamming.


(g) We are not obligated to provide any maintenance or support for the Services and Application, technical or otherwise. If we provide any such maintenance or support, we may discontinue them at any time with 60 day notice.


(h) We may access and review data relating to your use of the Services and Application for the purpose of ensuring the proper operation of the Services and Application and their various features, to ensure your compliance with these Terms of Use, or to comply with applicable law.


(i) All right, title, and interest in and to the Services and Application are and will remain our exclusive property. The Services and Application are protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. You may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, communicate, or otherwise use or commercially exploit the Services.


(j) The Services may not be available throughout North America.


3. Disclaimer of Warranty and Limitation of Liability


(a) THE SERVICES AND APPLICATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS PROVISION MAY NOT APPLY IN YOUR JURISDICTION, BUT YOU AGREE THAT IT SHALL BE INTERPRETED TO ITS FULLEST EXTENT.


(b) THE SERVICES RELY ON WIRELESS COMMUNICATION NETWORKS. NOT ALL SERVICES ARE AVAILABLE EVERYWHERE, NOTABLY IN REMOTE OR ENCLOSED AREAS. YOU ACKNOWLEDGE AND AGREE THAT THE AREA YOU ARE USING THE DEVICE AND APPLICATION IN MAY AFFECT THE SERVICES THAT WE CAN PROVIDE TO YOU.


(c) WE ARE NOT A SUPPLIER OF ANY PRODUCTS OTHER THAN THE TANK LEVEL MONITORING DEVICE, THE APPLICATION AND SERVICES. YOU ARE ULTIMATELY RESPONSIBLE FOR YOUR TANK LEVEL MONITORING AND SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED TO YOU BY US VIA THE APPLICATION. THE SERVICES ARE PROVIDED AS A CONVENIENCE.


(d) You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services in breach of these Terms of Use or in any manner that is contrary to applicable laws.


4. Modification of the Terms of Use, Term and Termination


(a) You agree that we may at any time and at our sole discretion modify the Agreement. You specifically agree to: (i) review such modified Agreement; and (ii) to indicate your consent to the modified Agreement if you wish to accept and abide by the modified Agreement. If you do not accept the modified Agreement, we may cease to provide the Service to you after a period of sixty (60) days. Each such amendment (i) will be communicated to you at least thirty (30) days before its coming into force; (ii) set out the new section only, or an amended section along with the section as it read formerly; and (iii) set out the date the amendment comes into force.


(b) These Terms of Use apply from the date of your acceptance until the Services are cancelled or terminated by you or us as permitted in these Terms of Use.


(c) You may cancel your individual account at any time by stopping your use of the Application and Services and uninstalling them. We reserve the right to suspend or end the Service at any time at our discretion by providing you with at least sixty (60) days’ prior notice. If you breach this Agreement, we will have the right to terminate this Agreement and to deactivate your account immediately if we notify you of your breach and you do not remedy this within five (5) days.


(d) Upon termination or expiration of these Terms of Use, you must immediately stop using the Services and the Application. All provisions of these Terms of Use which by their nature survive the termination or expiration, shall survive termination or expiration of these Terms of Use.


5. General


(a) These Terms of Service shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Any and all disputes arising out of this Agreement shall be brought before the Courts of competent jurisdiction in the district of Montreal, Province of Québec.


(b) If a particular provision of these Terms of Use is held to be invalid, the provision shall be deemed severed from these Terms of Use and shall not affect the validity of these Terms of Use as a whole.


(c) These Terms of Use are the entire and exclusive agreement between us regarding the Services and Application, and these Terms of Use supersede and replace any prior agreements between ourselves regarding the Services and the Application.


(d) We will be allowed to assign our obligations under these Terms of Use to any third party without requiring your consent.


(e) The Parties have expressly requested that these Terms of Use be drawn up in English and that all modifications thereof can be made in this language.



Service Level Agreement


AT OTODATA, IT’S OUR COMMITMENT TO PROVIDE YOU WITH


  • Unlimited reports and alerts.

  • Free online portal to increase your route efficiencies and reduce overall delivery costs by as much as 30%.

  • Free branded mobile app delivering real-time tank level to your clients.

  • Free portal training to make sure to brush up on your skills.

  • Free B2B marketing assistance to help you every step of the way.


DEFINITIONS


  • Critical Problem(s) means any condition in the unit that renders the service or operation substantially unusable or inoperative or so slow or otherwise degraded in performance as to be critically impaired for functional usability.

  • Major Problem(s) means any condition in the unit that results in degradation of routine service or operation.

  • Minor Problem(s) means any condition in the unit that is not a Critical or Major Problem that affects the service or operation.

  • Permanent Solution(s) means a resolution to a Problem that restores the service and operation of the unit without any loss of functionality.

  • Problem means a Critical Problem, Major Problem or Minor Problem and includes, for greater clarity, any problems encountered by Customer in the use of the unit.

  • Problem Report means Customer’s notice to Otodata, reporting the details of a Problem and Customer’s suggestion of how to reproduce the Problem.

  • Workaround(s) means a temporary resolution of a Problem, restoring the functionality of the affected unit until a Permanent Solution is implemented.


1. TECHNICAL SUPPORT SERVICES


1.1

Otodata will provide Workarounds and Permanent Solutions for all Problems and ensure that the Documentation and Specifications remain complete and accurate. Otodata will provide Technical Support for each unit for the life of the Agreement.


1.2

Customer will include the level of a Problem in the Problem Report. For greater certainty, Customer will categorize a Problem as a Critical Problem, Major Problem or Minor Problem at the time Technical Support is requested for such Problem. Otodata will respond according to the level of response for the Problem. Otodata will break down each Problem Report into unique issues and assign a tracking number to each issue (Case Number).


1.2.1

Whether Customer communicates a Problem Report via telephone, web-form, email or after-hours support, Otodata shall provide a response that acknowledges receipt of the Problem Report and advises that a Permanent Solution and/or a Work Around is underway via e-mail and/or telephone to Customer within: (a) 1 hour for Critical Problems and (b) 4 hours for Major Problems, from the time of Otodata’s receipt of the Problem Report. Until a Permanent Solution or Workaround is achieved, Otodata will make continuous, reasonable commercial efforts to resolve the Problem. Otodata agrees to provide the Permanent Solution or Workaround within the following number of days after Otodata’s receipt of the Problem Report: (a) five (5) days for a Critical Problem and (b) fourteen (14) days for a Major Problem.


1.2.2

Whether Customer communicates a Problem Report via telephone, web-form, email or after-hours support, Otodata shall provide a response that acknowledges receipt of the Problem Report and advises that a Permanent Solution and/or a Work Around is underway via e-mail and/or telephone to Customer within 8 hours from the time of Otodata’s receipt of the Problem Report. Until a Permanent Solution or Workaround is achieved, Otodata will make reasonable commercial efforts to resolve the Problem. Otodata agrees to provide the Permanent Solution or Workaround within thirty (30) days after its receipt of the Problem Report.


1.2.3

Otodata’s inability to reproduce a Problem on an Otodata-specified machine will not affect the level of Otodata’s response.


1.3

Permanent Solutions - The first Release issued after a Permanent Solution is achieved will contain the Permanent Solution.


1.4

Communications – Otodata will make available by telephone a reasonable number of technicians with working knowledge of the unit to provide Technical Assistance. Customer communications with the technicians may be supplemented by fax and secure email. Otodata shall also make available to Customer after-hours support which shall consist of an on-call service which enables Customer to obtain help from an Otodata support engineer outside the regular office hours set forth above. Upon execution of the Agreement, Otodata shall provide Customer with the applicable telephone number, fax number, after-hours telephone number and email address.


1.5

On the first of each month, Otodata will provide Customer with a written report describing all known Problems, resolutions and Workarounds. For resolved Problems Otodata will report the case number, the resolution implemented, the release date of the Permanent Resolution and Workarounds. For unresolved Problems Otodata will report the case number, resolution plan, and a description of Workarounds. No Problem will be considered resolved until Customer’s written acknowledgment and approval of the Permanent Resolution.


Contact Us


If you have any concerns, question or complaints please contact us at:


Otodata Wireless Network Inc.

1212 Louvain Ouest, Montreal, QC H4N 1G5

(514) 673-0244

1 (844) 763-3344

info@otodatatankmonitors.com

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