This Application allows you to access, with a Windows or Macintosh based desktop computer, and download recorded videos and change settings of a Toyota dash camera accessory (the “Dash Camera”) in an equipped vehicle.

You understand and agree that the Application is licensed, not sold, to you for use with a Toyota/Lexus dash camera accessory (the "Dash Camera") and only as outlined in this Agreement. We reserve all rights not expressly granted to you. The Company and/or its licensors own, or have the right to license, the Application and all underlying content, information, Applications, and intellectual property. This license is limited to a non-transferable license to use the Application on the applicable computer that you own or control, in accordance with this Agreement. This license is between the Company and you and is effective until terminated by the Company or by you. This license does not allow you to use the Application on a device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the Application, any updates, or any part thereof. You acknowledge that this Application uses the Google Maps API of Google Inc. and you agree to be bound by the Google Inc. Google Maps / Google Earth APIs Terms of Service (https://cloud.google.com/maps-platform/terms/). As between the Company and Google, the Company is solely responsible for providing any maintenance and support services with respect to the Application; you acknowledge that Google has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.

Eligibility. The Application is intended for and available to individuals (i) who are of legal age of majority in their jurisdiction of residence (and at least 18 years of age); (ii) who own or have a compatible computer; and (iii) who own or have access to a compatible Toyota/Lexus vehicle equipped with the Dash Camera.

As an Authorized User, you will be granted access to modify or reset the Dash Camera WIFI password. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password. You agree not to modify or reset the password of another Dash Camera without permission or to disclose your password to any third party. The Company and its third party beneficiaries cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

As a condition of using this Application, you agree that you may not and will not:

You understand and agree that your use of the Application is solely at your own risk and that you will be solely responsible for any damage or loss of data that may result from your use of the Application. The Application and its content are provided on an "as is" and "as available" basis without any warranty of any kind, express, implied or statutory. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company and its third party beneficiaries make no warranties that the Application or any material obtained through it, as described herein, will meet your requirements, or that the Application will be uninterrupted, timely, secure, non-infringing or error free. You understand and agree that you are responsible for any and all charges, costs and/or expenses for use of the Application. No advice or information, whether oral or written, obtained by you from us or through the Application shall create any warranty not expressly made herein. You may not rely on any such information or advice. We assume no liability or responsibility for any errors or omissions in the content of the Application. The Company and its third party beneficiaries do not make any warranty or representation that your use of the material displayed on, or obtained through, the Application is non-infringing of any rights of any third party. Any decision or action taken by you on the basis of information or content provided via the Application is at your sole discretion and risk. The Company and its third party beneficiaries are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content or information displayed, transmitted, or otherwise made available via the Application.

Except in jurisdictions where such provisions are restricted, you agree that the Company and its third party beneficiaries entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the Application and/or for any breach of this Agreement is solely limited to the amount equal to the portion of the charges to you for the services relating to the period of service during which such damages occur. Except in jurisdictions where such provisions are restricted, the Company and its third party beneficiaries and the Company's licensors and contractors (including any third parties providing all or part of services related to the Application) shall not be liable for any indirect, incidental, special or consequential damages even if the Company and its third party beneficiaries and the Company's licensors and contractors (including any third parties providing all or part of services related to the Application) have been advised of the possibility of such damages. To the extent that a jurisdiction does not permit the exclusion or limitation of liability as set forth herein our liability is limited to the maximum extent permitted by law in such provinces and/or states. You understand that the uploading of information to your computer in connection with this Application is at your own risk and that the Company and its third party beneficiaries are not responsible for unauthorized access to or use of any personal or other information.

Notwithstanding anything else in this agreement, you agree to excuse any non-performance by the Company and its third party beneficiaries or any service provider caused in whole or in part by an act or omission of a third party, or by any equipment failure, act of god, natural disaster, strike, equipment or facility shortage, or other causes beyond the control of the Company, its third party beneficiaries and it's service providers.

You agree that neither the Company, its third party beneficiaries nor any of its service provider is liable for any errors, defects, problems, or mistakes in the data or information accessed through the Application. Notwithstanding anything else in this Agreement, you agree to excuse any non-performance by the Company and its third party beneficiaries or any service provider caused in whole or in part by an act or omission of a third party, or by any equipment failure, act of god, natural disaster, strike, equipment or facility shortage, or other causes beyond the control of the Company, its third party beneficiaries and its service providers.

You agree that the limitations of liability and indemnities in this Agreement will survive even after the Agreement has ended. These limitations of liability apply not only to you, but to anyone using your vehicle, the Dash Camera, or the Application, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to this Application, or the Dash Camera.

Some provinces or states do not allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.

You hereby release and discharge the Company, its third party beneficiaries to this agreement and the Company's licensors and contractors (including any third parties providing all or part of services related to the Application) from and against any claims, damages, expenses and liability arising from or related to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or part, directly or indirectly, from your use of the Application.

You agree to indemnify and hold harmless the Company and its third party beneficiaries from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to your acts and omissions, your use of the Application, your breach of this Agreement, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.

This Agreement is effective until terminated by you or the Company. We may terminate this Agreement for any or no reason, and with or without notice to you. Your rights under this Agreement will terminate automatically without notice from the Company if you fail to comply with any term of this Agreement. Upon termination of this Agreement, you shall cease all use of the Application.

We may change, modify, or update this Agreement and/or the Application, including the Application features, from time to time. If applicable, you will be notified that a new version of the Application is available and you will be asked if you wish to upgrade to a new version of the Application. If you use the Application after the upgrade in the Application or change(s) to this Agreement, you agree to such change(s) and its applicability to you. Unless explicitly stated otherwise, any new features or services that augment or enhance the Application in the future shall be considered part of the Application and subject to this Agreement. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, the Application (or any portion thereof), with or without notice to you, and you agree that the Company and its third party beneficiaries shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application.

You agree to immediately notify us if you suspect fraudulent or abusive activity. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with your Equipment (as defined below).

PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION,WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE APPLICATION TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THIS PROVISION DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

It is the Company's goal that the Application meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, the Company is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with the Company, you acknowledge and agree that you will first give the Company an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to DENSO TEN Limited 20100 S. Western Ave., Torrance, CA 90501. You then agree to negotiate with the Company in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after the Company's receipt of your written description of it, you agree to the further dispute resolution provisions below.

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Application and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate the Company, its third party beneficiaries or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Company, its third party beneficiaries and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).

Arbitration under this Agreement shall be conducted by Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (pursuant to JAMS' Streamlined Arbitration Rules and Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with the Company as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs. Except for claims determined to be frivolous, the Company agrees not to seek an award of attorneys' fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.

YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT.

If you do not agree to this mandatory arbitration provision with regard to your use of the Application, then prior to downloading, registering for and using the Application, you may opt-out of this part of the Agreement by sending written notification to the following address: DENSO TEN AMERICA Limited 20100 S. Western Ave., Torrance, CA 90501.

To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APPLICATION, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND THE COMPANY BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.

In no event shall any claim, action or proceeding by you related in any way to the Application or this Agreement be instituted more than three (3) years after the cause of action arose.

If you have any questions, complaints or claims about the Application, or if you are having any technical difficulties with the Application itself, please contact us:

United States customers can call us at 1-800-255-3987.

Canadian Customers can call us at 1-888-TOYOTA-8 (1-888-869-6828).