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< title > openpilot Terms of Service < / t i t l e >
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< / s t y l e >
< / h e a d >
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< h2 id = "openpilot-terms-and-conditions" > openpilot Terms and Conditions < / h 2 >
< p > The Terms and Conditions below are effective for all users < / p >
< p > Last Updated on October 18 , 2019 < / p >
< p > Please read these Terms of Use ( “ Terms ” ) carefully before using openpilot which is open - sourced software developed by Comma . ai , Inc . , a corporation organized under the laws of Delaware ( “ comma , ” “ us , ” “ we , ” or “ our ” ) . < / p >
< p > < strong > Before using and by accessing openpilot , you indicate that you have read , understood , and agree to these Terms . < / s t r o n g > T h e s e T e r m s a p p l y t o a l l u s e r s a n d o t h e r s w h o a c c e s s o r u s e o p e n p i l o t . I f o t h e r s u s e o p e n p i l o t t h r o u g h y o u r u s e r a c c o u n t o r v e h i c l e , y o u a r e r e s p o n s i b l e t o e n s u r e t h a t t h e y o n l y u s e o p e n p i l o t w h e n i t i s s a f e t o d o s o , a n d i n c o m p l i a n c e w i t h t h e s e T e r m s a n d w i t h a p p l i c a b l e l a w . I f y o u d i s a g r e e w i t h a n y p a r t o f t h e T e r m s , y o u s h o u l d n o t a c c e s s o r u s e o p e n p i l o t . < / p >
< h3 id = "communications" > Communications < / h 3 >
< p > You agree that comma may contact you by email or telephone in connection with openpilot or for other business purposes . You may opt out of receiving email messages at any time by contacting us at support @ comma . ai . < / p >
< p > We collect , use , and share information from and about you and your vehicle in connection with openpilot . You consent to comma accessing the systems associated with openpilot , without additional notice or consent , for the purposes of providing openpilot , data collection , software updates , safety and cybersecurity , suspension or removal of your account , and as disclosed in the Privacy Policy ( available at https: //my.comma.ai/privacy).</p>
< h3 id = "safety" > Safety < / h 3 >
< p > openpilot performs the functions of Adaptive Cruise Control ( ACC ) and Lane Keeping Assist System ( LKAS ) designed for use in compatible motor vehicles . While using openpilot , it is your responsibility to obey all laws , traffic rules , and traffic regulations governing your vehicle and its operation . Access to and use of openpilot is at your own risk and responsibility , and openpilot should be accessed and / or used only when you can do so safely . < / p >
< p > openpilot does not make your vehicle “ autonomous ” or capable of operation without the active monitoring of a licensed driver . It is designed to assist a licensed driver . A licensed driver must pay attention to the road , remain aware of navigation at all times , and be prepared to take immediate action . Failure to do so can cause damage , injury , or death . < / p >
< h3 id = "supported-locations-and-models" > Supported Locations and Models < / h 3 >
< p > openpilot is compatible only with particular makes and models of vehicles . For a complete list of currently supported vehicles , visit https: //comma.ai. openpilot will not function properly when installed in an incompatible vehicle. openpilot is compatible only within the geographical boundaries of the United States of America.</p>
< h3 id = "indemnification" > Indemnification < / h 3 >
< p > < strong > To the maximum extent allowable by law , you agree to defend , indemnify and hold harmless comma , and its employees , partners , suppliers , contractors , investors , agents , officers , directors , and affiliates , from and against any and all claims , damages , causes of action , penalties , interest , demands , obligations , losses , liabilities , costs or debt , additional taxes , and expenses ( including but not limited to attorneys ’ fees ) , resulting from or arising out of ( i ) your use and access of , or inability to use or access , openpilot , ( ii ) your breach of these Terms , ( iii ) the inaccuracy of any information , representation or warranty made by you , ( iv ) activities of anyone other than you in connection with openpilot conducted through your comma device or account , ( v ) any other of your activities under or in connection with these Terms or openpilot . < / s t r o n g > < / p >
< h3 id = "limitation-of-liability" > Limitation of Liability < / h 3 >
< p > In no event shall comma , nor its directors , employees , partners , agents , suppliers , or affiliates , be liable for any indirect , incidental , special , consequential or punitive damages , including without limitation , loss of profits , data , use , goodwill , or other intangible losses , resulting from ( i ) your access to or use of or inability to access or use of the Software ; or ( ii ) any conduct or content of any third party on the Software whether based on warranty , contract , tort ( including negligence ) or any other legal theory , whether or not we have been informed of the possibility of such damage , and even if a remedy set forth herein is found to have failed of its essential purpose . < / p >
< h3 id = "no-warranty-or-obligations-to-maintain-or-service" > No Warranty or Obligations to Maintain or Service < / h 3 >
< p > comma provides openpilot without representations , conditions , or warranties of any kind . openpilot is provided on an “ AS IS ” and “ AS AVAILABLE ” basis , including with all faults and errors as may occur . To the extent permitted by law and unless prohibited by law , comma on behalf of itself and all persons and parties acting by , through , or for comma , explicitly disclaims all warranties or conditions , express , implied , or collateral , including any implied warranties of merchantability , satisfactory quality , and fitness for a particular purpose in respect of openpilot . < / p >
< p > To the extent permitted by law , comma does not warrant the operation , performance , or availability of openpilot under all conditions . comma is not responsible for any failures caused by server errors , misdirected or redirected transmissions , failed internet connections , interruptions or failures in the transmission of data , any computer virus , or any acts or omissions of third parties that damage the network or impair wireless service . < / p >
< p > We undertake reasonable measures to preserve and secure information collected through our openpilot . However , no data collection , transmission or storage system is 100 % secure , and there is always a risk that your information may be intercepted without our consent . < em > In using openpilot , you acknowledge that comma is not responsible for intercepted information , and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner . < / e m > < / p >
< p > By providing openpilot , comma does not transfer or license its intellectual property or grant rights in its brand names , nor does comma make representations with respect to third - party intellectual property rights . < / p >
< p > We are not obligated to provide any maintenance or support for openpilot , technical or otherwise . If we voluntarily provide any maintenance or support for openpilot , we may stop any such maintenance , support , or services at any time in our sole discretion . < / p >
< h3 id = "modification-of-software" > Modification of Software < / h 3 >
< p > In no event shall comma , nor its directors , employees , partners , agents , suppliers , or affiliates , be liable if you choose to modify the software . < / p >
< h3 id = "changes" > Changes < / h 3 >
< p > We reserve the right , at our sole discretion , to modify or replace these Terms at any time . If a revision is material we will provide at least 15 days ’ notice prior to any new terms taking effect . What constitutes a material change will be determined at our sole discretion . < / p >
< p > By continuing to access or use our Software after any revisions become effective , you agree to be bound by the revised terms . If you do not agree to the new terms , you are no longer authorized to use the Software . < / p >
< h3 id = "contact-us" > Contact Us < / h 3 >
< p > If you have any questions about these Terms , please contact us at support @ comma . ai . < / p >
< / b o d y >
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