Terms of service

Last updated: 11.04.2024

1. OVERVIEW
This website is operated by SIA EZ Tech. Throughout the site, the terms “we”, “us” and “our” refer to EZ Tech. EZ Tech offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

2. ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

3. GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

5. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6. PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

7. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

12. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

13. THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

14 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless SIA EZ Tech and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party..

16. GENERAL AGE LIMITATION

You must be at least 16 years of age to use the Service. To the extent prohibited by applicable law, we do not allow use of the Service by Users younger than 16 years old. If you are aware of anyone younger than 16 using the Service, please contact us (for contact information, please, see How to Contact Us Section) and we will take reasonable steps to preclude such person from using the Service. If you are under 18 years of age (or the age of legal majority where you live), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with the Service. If you are using the Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party. You further agree to use the Service in compliance with all applicable laws.

If you need to create an account to use the Service, then you also:

a) represent and warrant that you previously did not have an account, the use of which was terminated due to violation of the Terms, that is you have not been previously suspended or removed from using the Service;

b) represent and warrant that you have never been convicted of a crime that involved stalking someone or interfering with another person’s privacy.

 

17. USER ACCOUNT. USER CONTENT

To access and use Services, you may need to create a User Account. 

Your access to the Service will be terminated and your Account will be deleted immediately, without prior notice from EZ Tech, in the event that You fail to comply with any provision of these Terms, including but not limited to the use of the Service for illegal purposes.

If any rule of using the Service is under the suspicion of being violated in accordance with these Terms, EZ Tech has the right to suspend access to the Service until suspicions are resolved or the account is deleted in connection with the confirmation of a violation of the rules.

In some Services, the use of which requires the creation of an account, EZ Tech may allow you and other Users to create and store content, (collectively, “User Content”). User content includes: addresses, names, telephones, websites, working hours and other information in accordance with Privacy Policy as well as data transmitted by devices (for example, trackers) that you configured to use the Services. You and other Users are solely liable to EZ Tech and third parties for the accuracy, completeness and correctness of this information, as well as for compliance with applicable laws.

By submitting any User Content in connection with the Service, you agree that you will not upload, store or otherwise transmit any User Content that:

(a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;

(b) you know to be false, misleading or inaccurate;

(c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;

(d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd;

(e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;

(f) advocates violent behavior;

(g) poses a reasonable threat to personal or public safety;

(h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes;

(i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by EZ Tech, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or storing any further material on the Service;

(j) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

(k) uses the name or likeness of an identifiable natural person without such person’s consent;

(l) contains data on the location of a third party or his property (for example, car) without his consent of such a person.

By creating an account, the User grants to EZ Tech the right to store, process, modify and delete User Content in order to ensure the operation of the Service.

 

18. SERVICE CONTENT. LIMITED LICENSE, COPYRIGHT AND TRADEMARK

Except for User’s content created and stored by User, the User agrees that the Service and all software, the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, tools, user generated tools and other content contained within the Service (collectively, “Service Content”) are owned by us or licensed to us and are protected under both Latvian and foreign laws.

Except as explicitly stated in these Terms, we and our licensors reserve all rights in and to the Service and the Service Content. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license to Service Content. Use of the Service Content for any purpose not expressly permitted by these Terms is strictly prohibited.

 

19. OUR LICENSE TO USER

Subject to the terms and conditions of these Terms, EZ Tech grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use the Service and the Service Content solely for your own use, including accessing and viewing Service Content, as expressly permitted by the features of the Service; however, such User License is subject to these Terms and does not include any right to:

(i) copy, reproduce, distribute, publicly perform or publicly display the Service Content, except as expressly permitted by us or our licensors;

(ii) modify the Service Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Service or the Service Content, except as expressly set forth in these Terms;

(iii) use any data mining, robots or similar data gathering or extraction methods;

(iv) Use the Service or the Service Content other than as expressly provided in these Terms.

Except for the rights and licenses expressly granted herein, EZ Tech reserves all other rights and no other rights are granted by implication or otherwise.

Any Use of the Service or the Service Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service Content.

EZ Tech may terminate this license at any time for any reason or no reason.

20. SERVICE ACCESS

Restrictions on Use. User agree that he/she will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, User agree that he/she will not engage in any of the following prohibited activities:

(a) take any action that imposes or may impose (in EZ Tech sole discretion) an unreasonable or disproportionately large load on our infrastructure;

(b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content User have stored to the Service) from the Service, any software code that is part of the Service, or any services that are offered on the Service without our express written permission;

(c) interfere or attempt to interfere with the proper operation of the Service or any activities conducted on the Service;

(d) bypass any measures EZ Tech may use to prevent or restrict access to the Service or any subparts of the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;

(e) transmit spam, chain letters, or other unsolicited communications;

(f) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;

(g) upload invalid data, viruses, worms, or other software agents through or to the Service;

(h) collect or harvest any personally identifiable information from the Service;

(i) access any content on the Service through any technology or means other than those provided or authorized by the Service;

(j) impersonate another person or otherwise misrepresent User’s affiliation with a person or entity,

(k) conduct fraud,

(l) hide or attempt to hide User’s identity;

(m) directly or indirectly, advertise or promote another website, product, or service or solicit other Users for other websites, products or services.

 

21. CHANGES, TERMINATION, AND SUSPENSION

 EZ Tech may, without prior notice, change the Service; stop granting an access to the Service or features of the Service, to User or to Users generally; or create usage limits for the Service. At its sole discretion, EZ Tech may permanently or temporarily terminate or suspend User’s access to the Service without notice and liability for any reason, including if in our sole determination User has violated any provision of these Terms, or for no reason. Upon termination for any reason or no reason, User continues to be bound by any of these Terms, which by their nature should survive termination, shall do so.

22. IN-APP PURCHASES AND SUBSCRIPTIONS

Subscriptions. The Service offers different subscriptions which depend on the number of units, storage volume, etc. Subscriptions can be purchased with Credit / Debit cards, PayPal, and various local payment options. Payment methods offered are subject to regional availability or at the sole discretion of the EZ Tech. Some banks or services may charge incoming additional fees. Availability of a given Payment Method may depend on your country of residence and other factors. The compatible Payment Method types, as well as the Payment Method uses may not be available everywhere, and may change at any time.

You may purchase the subscriptions directly from EZ Tech by paying a subscription fee in advance, with postponed payment for 1 year

Purchased content. EZ Tech may include features or tools that can be licensed for a fee. You may only use the Purchased Content if you are over 16 years old, and only on a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable basis for non-commercial use only. We reserve the right to manage, regulate, control, modify, or eliminate Purchased Content at any time (and in case of subscriptions, after a specified time under terms of a respective subscription). Upon the Purchased Content being available to you (and in case of subscriptions, after the Purchased Content has been available to you for a specified time under the terms of a respective subscription), our obligations to provide the Purchased Content are deemed fulfilled, and we make no representation that the Purchased Content will be available to the purchaser for any length of time (otherwise as may be specified in terms of a respective subscription), nor that EZ Tech will continue to support the Purchased Content (otherwise as may be specified in terms of a respective subscription). SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.

Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority in your country. EZ Tech is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction in your country.

Price changes. EZ Tech may from time to time make changes to subscriptions, including subscriptions fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the Service prior to the price change going into effect. EZ Tech won't refund money for device if you decide to unsubscribe from the service.

Termination and Renewal of Service. Your payment to EZ Tech or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period, unless you terminate your subscription before the end of the then-current subscription period. 

If you terminate the Service or paid subscription during the subscription period, the payment made for the full subscription period is not refundable, and in case of renewal of the Service or paid subscription, you will be charged again for the full subscription period.

If you terminate a paid subscription, you won't be able to use our platform.

23. THIRD PARTY LINKS

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Trackguru. Trackguru does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If User accesses a third-party website from the Service, User do so at its own risk, and User understands that neither these Terms nor EZ Tech's Data Protection Policy nor EZ Tech’s Privacy policy apply to User’s use of such sites.

24. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

(A) You expressly agree that use of the service is at your sole risk. ez tech, its other affiliates nor any of their respective employees, agents, third party content providers, third-party service providers or licensors do not warrant that use of the service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the service, nor as to the accuracy, reliability or content of any information, or service, provided through the service.

(B) The service is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms.

(C) To the fullest extent permissible by applicable law, in no event shall ez tech, or its future parent or affiliated companies, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the service or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the service, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the service. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if ez tech or future parent or affiliated companies have been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that ez tech or future parent or affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the websites or any other third parties.

If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

(D) As we care deeply about the security of your personal data we implement a variety of technical, organizational and legal security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your Personal Data. We cannot, however, ensure or warrant the absolute security of any information you transmit to EZ Tech or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by a breach of our physical, technical, or managerial safeguards.

Limited Hardware Warranty. ' 'If device is directly purchased from EZ Tech, EZ Tech warrants that the Onboard Hardware (a) conforms to EZ Tech’s written specifications for the product; and (b) is free from material defects in material and workmanship. Incorrect: (i) storage; (ii) installation; (iii) use; (iv) maintenance, (v) service; or (vi) repair by Distributor/Reseller/End-User, or any form of alteration, misuse, abuse or accident affecting the Hardware, may interfere with confirmation of original condition and therefore (whether or not there is actual interference) voids the warranty. Trackguru or Trackguru’s authorized supplier/Trackguru’s authorized Distributor shall not be liable under this warranty if the Purchaser knew of any failure of a product to conform to specifications prior to purchase.' '

Warranty Claim.' 'Any hardware-related claim, if applicable, under the warranty shall be made within the shorter of: (a) actual inspection of Hardware following delivery; (b) a reasonable time to complete inspection of Hardware following delivery; or (c) five (5) days from shipment date. To make a claim, End-User must: (a) notify EZ Tech in writing within the shorter of the times stated in the preceding sentence, specifying in detail the nature of the warranty claim; and (b) ship defective Hardware to EZ Tech, covered of shipment cost to permit EZ Tech to inspect and test the product claimed to be defective. A claim made after the warranty period is not covered by any warranty.' 'Liability for any loss of profits or any other consequential loss, including liability for income which can customarily be achieved with the product(s) sold, shall be ruled out.

Remedy.' '' 'EZ Tech’s liability under any hardware-related warranty is limited to EZ Tech’s choice of replacing or repairing that was the subject of a timely and proper warranty claim and which Sizzapp determines did not conform to the warranty. EZ Tech will return to sender any product returned without obtaining prior authorization and RMA number or otherwise not covered by the warranty. This remedy is applicable only to the hardware directly purchased from EZ Tech, not from a Reseller/Dealer/Distributor/hardware purchased from any other party.

Non Transferable. The hardware-related warranty is not transferable. Hardware warranty is applicable only to the EZ Tech hardware directly purchased from EZ Tech not from a Reseller/Dealer/Distributor/ EZ Tech hardware purchased from any other party.

WHILE EZ Tech TECHNOLOGY MAKES EVERY EFFORT TO COLLECT ALL THE DIAGNOSTIC INFORMATION FROM THE VEHICLE, IT MAY NOT ALWAYS REPORT ALL THE HEALTH-ISSUES OF THE VEHICLE.' ' AMONG OTHER THINGS EZ Tech MAY NOT REPORT SOME MANUFACTURER-SPECIFIC VEHICLE HEALTH ISSUES THAT TURN ON SOME OF THE VEHICLE DASH BOARD LIGHTS. EZ Tech REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED FOR USE IN VEHICLE REPAIRS WITHOUT CONSULTATION WITH A QUALIFIED TECHNICIAN. NEITHER EZ Tech NOR ITS LICENSORS, RESELLERS, OR SUBSIDIARIES ARE RESPONSIBLE FOR ANY ACTIONS YOU MAY TAKE ON ANY VEHICLES. YOU SHOULD ALWAYS CONSULT A QUALIFIED TECHNICIAN BEFORE PERFORMING ANY REPAIR OR MAINTENANCE OPERATION ON A VEHICLE.' '

THE DEVICE THAT YOU INSTALL IN YOUR VEHICLE DRAWS POWER ALL THE TIMES. ALTHOUGH THE EZ Tech ONBOARD SOFTWARE TRIES TO MINIMIZE THAT POWER DRAW AS MUCH AS POSSIBLE, DEPENDING ON YOUR VEHICLE’S BATTERY OR OTHER RELATED SUBSYSTEM CONDITIONS, YOU MAY EXPERIENCE LOW BATTERY VOLTAGE ISSUE IF YOUR VEHICLE IS NOT DRIVEN FOR A FEW DAYS AT A TIME OR IF YOU ARE GOING FOR A VACATION.

25. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees of the EZ Tech (individually and collectively, “EZ Tech Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to:

(i) your Use of the Service;

(ii) your User Content or Feedback;

(iii) your violation of these Terms;

(iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights);

(v) your conduct in connection with the Service.

You agree to promptly notify the EZ Tech Parties of any third party Claims, cooperate with the EZ Tech Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the EZ Tech Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other EZ Tech Parties.

26. DISPUTE RESOLUTION; BINDING ARBITRATION

These Terms shall be governed by, construed and enforced in accordance with the laws of Latvia.

Any and all claims, disputes or controversies arising under, out of, or in connection with Terms, breach, termination or validity thereof, which have not been resolved by good faith negotiations between EZ Tech and you within a period of thirty (30) calendar days after receipt of a notice from one party to the other requesting negotiations shall be resolved by final and binding arbitration in the Latvian Court of Commercial Arbitration in accordance with its Rules of Arbitration as in force and effect on the date of these Terms. Disputes shall be settled by a single arbitrator. Arbitration proceedings shall be held in Riga, Latvia. The place of arbitration shall be Riga, Latvia. The language of arbitration shall be English. Relevant documents in other languages shall be translated into English if the arbitrators so direct. All expenses and costs of the arbitrators and the arbitration in connection therewith will be shared equally, except that EZ Tech and you will each bear the costs of its own prosecution and defense, including without limitation attorney’s fees and the production of witnesses and other evidence. Any award rendered in such arbitration shall be final and may be enforced by either party.

The parties agree to keep all details of the arbitration proceedings and arbitral award strictly confidential and shall use all reasonable efforts to take such action as may be appropriate to prevent the unauthorized disclosure of the proceedings, any information disclosed in connection therewith and the award granted.

Any claim arising out of or related to these terms or service must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and the gurtam group will not have the right to assert the claim.

27. CHANGES TO THESE TERMS

These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. We will post the amended Terms to the Service and update the “Effective date” above. We may also attempt to notify you by providing notice through the Service. Your use of the Service after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. In some cases and for some Service, we may require you to expressly accept our new terms of use in order to continue using the Service (for example, if we substantially change the terms related to the operation of the particular Service).