Terms of Service

Updated 20 August 2022

Please read these Terms of Service (“Terms” or “Terms of Service”) carefully before using www.getdrivemark.com website, application (“Mobile Application”) and Services operated by KATSANA Holdings Sdn Bhd (“DriveMark”, “KATSANA”, “us”, “we”, or “our”). For purposes of these Terms, “you” and “your” means you as the user of the Service. “Services” means DriveMark’s application, online platform and services including any related APIs provided by DriveMark, together with all related mobile, desktop and browser applications. “Services” exclude Non-DriveMark Services.

These Terms apply to personal use of the Services only.

These Terms apply to all individual visitors, users and others who wish to access or use the Service.

If you are accessing or using the Service on behalf of an organisation, business, or other legal entity (each an “Organisation”), or if you are accessing or using the Service under an eligible team or enterprise Subscription Plan, then your use of the Services, including ownership of any content/data created, stored, or transmitted using the Service, shall be exclusively governed by and subject to DriveMark’s Master Subscription Agreement.

You acknowledge that these Terms, along with DriveMark’s Privacy Policy, govern your access and use of the Service.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these terms.

By accessing or using the Service you agree to be bound by these Terms and indicate your consent to the Terms. If you disagree with any part of these Terms, then you do not have permission to access or use the Service.

Restrictions on Your Use of the Service

You may not do any of the following (unless applicable local laws or regulations in your country prohibit these restrictions):

• post, upload, publish, submit or transmit any User Content that:
  • 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
  • violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability
  • is fraudulent, false, misleading or deceptive
  • is defamatory, obscene, pornographic, vulgar or offensive
  • promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group
  • is violent or threatening or promotes violence or actions that are threatening to any person or entity
  • promotes illegal or harmful activities or substances
• duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
• access or use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party’s access to or use of the Service or use any device, software or routine that causes the same;
• attempt to gain unauthorised access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
• circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
• use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines”, scrapes or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in manual process to do the same;
• introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
• use the Service for illegal, harassing, unethical, or disruptive purposes;
• violate any applicable law or regulation in connection with your access to or use of the Service;
• access or use the Service in any way not expressly permitted by these Terms

Accounts

You are responsible for maintaining confidentiality of your account and password, including but not limited to the restriction of access to your computer, mobile devices and/or account. Sharing of your User login or password is prohibited. You accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach or security or unauthorised use of your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.

You may not use the Service if you are 17 years of age or younger. By using the Service, you represent and warrant that you are over the age of 17.

Subscriptions

Some parts of the Service are available on a paid subscription basis (“Subscription(s)”). Pricing and included features for the Subscriptions (Subscription Plan(s)”) are set forth here: https://www.getdrivemark.com/pricing. “Subscription Fees” means all fees associated with your Subscription.

You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly or yearly basis. Whether you are using monthly or yearly billing, your account may be charged on a monthly basis.

Auto-Renewal: You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new Subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel your Subscription prior to your renewal date.

A valid payment method, including credit card, is required to process the payment for your Subscription. You must provide DriveMark with accurate and complete billing information including full name, address, state, zip code, and value payment method information. By submitting such payment information, you automatically authorise DriveMark to charge all Subscription Fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, DriveMark may attempt to charge the credit card on file one or more times. Should payment continue to fail, the Subscription will be, at DriveMark’s sole discretion, cancelled or downgraded and you may lose access to certain paid features and/or your account.

You may cancel your Subscription either through your online account management page, application or by contacting DriveMark customer support team at [email protected] and indicating your intention to cancel your subscription.

Fees and Fee Changes

DriveMark, in its sole discretion and at any time, may modify the Subscription Fees for the Subscriptions. Any Subscription Fee change will become effective at the end of the then-current Billing Cycle.

DriveMark will provide you with reasonable prior notice of any change in Subscription Fees. Your continued use of the Service constitutes your agreement to pay the modified Subscription Fees.

Subscription Fees are stated exclusive of any taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse us for such withholding tax.

Free Trial

DriveMark may, at its sole discretion, offer a Subscription with free trial for a limited time (“Free Trial”). If you are on a Free Trial, you may cancel at any time until the last day of your Free Trial by following the cancellation procedures outlined in the Subscription section of these Terms. If you or DriveMark cancel your Free Trial, you acknowledge and agree that we may delete all of your User Content or data associated with the account during your Free Trial. If you do not cancel your Free Trial, then your Free Trial will be converted to a paid Subscription at the end of the trial period, and you hereby authorised us to charge your credit card or other payment method for continued use of the paid Service under such Subscription. Thereafter your Subscription may be cancelled in accordance with Subscription section of these Terms.

At any time and without notice, DriveMark reserves the right to (a) modify the terms and conditions of any Free Trial; (b) cancel any Free Trial offer; or (c) cancel any Free Trial subscription at any time.

Refunds

Payment obligations are non-cancelable, and fees paid are non-refundable and there are no credits for partially used Subscription periods.

Features of the Service

The Service includes a number of features may or may not be available to you depending on which features you elect, geographic locations and, where required, pay or subscribe to use. Some of the Service features require Mobile Application to be installed on the devices that the features apply to. Not all Service features may be available in your country.

Please see below for details.

a. Location Information and Driving Events features

Certain features of the Service are designed to collect and share location information about you and other individuals who use the Service, and to detect and monitor driving behaviours. In order to access and use these features, the Service collects this location, sensory and motion data from your mobile device in order to share location information, detect-calculate and score driving behaviour and driving events (such as speeding, hard braking, high speed crashes, precise location history and movements of a motor vehicle), provide crash notifications to emergency contacts, compile reports, and otherwise provide or facilitate the features and functionality of the Service. This data is collected when you are in a moving vehicle, even if you are not the driver. If you do not have permission from the driver to collect his information, please be sure to deactivate the location services, driving behaviour and crash detection features.

By using the location services, driving behaviour and crash detection features, you represent and warrant that you are the driver, or that you have the consent of the driver for DriveMark to collect and use location, movement and driving behaviour information for your device to provide the Service, and for other purposes as described in DriveMark Privacy Policy.

To work properly, these features require the corresponding Mobile Application to be installed on the device for which location and movement data will be provided, and require access to location, sensory and motion data, escalated privilege from the smartphone and mobile device. These features may not work properly if the corresponding device permissions and settings allowing access to location, sensor and motion data are not properly configured or enabled. In addition, the features may not work for a variety of reasons, such as if the device that the Mobile Application is installed is not powered on and connected to the wireless service provider’s network (e.g., it will not work if the phone is connected to a wi-fi network), if location services are turned off, if the service is not being used or is blocked on the device, if you are making a phone call through the device, and for other reasons.

b. High-Speed Crash Detection and Alert

High-Speed Crash Detection and Alert features use location, sensory and motion data from the mobile device to detect a possible crash, accident or collision. By using the feature, you acknowledge and agree that DriveMark does not guarantee crash detection for every possible kinds of accident, and should not be held liable against any losses, financial or otherwise, caused by its limitations in detecting every possible kinds of accidents.

c. Driver Leaderboard, Score and Level features

Driver Leaderboard, Score and Level features provides a measure of driver risk, competency and veterancy based on DriveMark’s proprietary algorithm. By using the feature, you acknowledge and agree that the Leaderboard, Score and Level features are merely approximation of driver’s risk profile, driving competency and veterancy against other similar profiles.

Mobile Application Terms

You are responsible for providing the mobile device, network connectivity plan, software, Internet connection and/or other equipment or services that you need to download, install and use any mobile application versions of the Service (the “Mobile Application” or the “App”). We do not guarantee that the App can be accessed and used on any particular device or with any particular operating system or at any geographic location. As part of the Service and to update you with profile updates, including reminders, rewards, awards, messages and others, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Messages”). You acknowledge that, when you use the App, your network connectivity service provider may charge you fees for the data, text messaging and/or other wireless access, including in connection with Messages. You have control over the Messages settings and can opt in or out of these Messages through the Service or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your network connectivity service provider to determine what fees apply to your access to and use of the App, including your receipt of Messages. You are are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of messages from DriveMark.

a. Mobile Application from the Apple AppStore.

The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extend the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple AppStore.

You acknowledge and agree that these Terms are solely between you and DriveMark, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the AppStore’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

In the even of any failure of the App to confirm to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you.

To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty will be solely government by these Terms.

You and DriveMark acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claims that the App fails to confirm to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislations.

You and DriveMark acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, DriveMark, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You mush comply with applicable third-party terms of agreement when using the App. You and DriveMark acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Communications from DriveMark

By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all of these marketing communications from us by following the unsubscribe link or instructions provided in the email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.

Intellectual Property

The Service and its Content (excluding User Content and Organisation Content), features and functionality are and will remain the exclusive property of DriveMark and its licensors. The Service is protected by copyright, trademark, patents, and other laws of Malaysia and other countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DriveMark.

Feedback

We welcome feedbacks, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of DriveMark, and DriveMark may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to DriveMark any and all rights, titles and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

You may request to delete your own User Content at any time from without our account management page. Upon your request to delete User Content, all Content will become inaccessible within 30 days. After 30 days, User Content will be deleted from our servers and can no longer be recovered or retrieved.

Idea

You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place DriveMark under any fiduciary or other obligation, and that we are free to use the Idea for any purpose without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

You further acknowledge that, by acceptance of your submission, DriveMark does not waive any rights to use similar or related ideas previously known to DriveMark, or developed by our employees, or obtained from sources other than you. DriveMark has no obligation to review, consider or implement any Idea. You agree, represent and warrant that any Idea that you submit does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy.

Indemnification

You agree to defend, indemnify and hold harmless DriveMark and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but no limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by your or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.

Limitations of Liability

IN NO EVENT SHALL DRIVEMARK, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, 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. DRIVEMARK’S TOTAL AGGREGATE LIABILITY IS LIMITED TO GREATER OF (i) MYR 50; OR (ii) ONE HUNDRED PERCENT (100%) OF ANY AMOUNT YOU HAVE PAID FOR YOUR SUBSCRIPTION IN THE PRECEDING TWELVE (12) MONTH PERIOD.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

DRIVEMARK, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANTY THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

Governing Law

These Terms shall be construed in accordance with Malaysian law without regards to conflicts of law principles that would require application of any other law.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service 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 authorised to use the Service.

No Professional Advice

If the Service provides professional information (e.g., medical or legal), such information is for informational purposes only and should not be construed as professional advise. No action should be taken based upon any information contained in the Service. You should seek independent professional advise from a person who is licensed and/or qualified in the applicable area.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Entire Agreement

These Terms constitute the entire agreement between you and DriveMark regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Survival

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Contact Us

You may contact us regarding the Service or these Terms at:

KATSANA Holdings Sdn Bhd
Lot 2805, Jalan Damansara,
60000 Kuala Lumpur,
Malaysia

Email: [email protected]