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INFORIDE® MOBILE APPLICATION END USER LICENSE AGREEMENT

Last Updated: January 30, 2025

NOTICE TO CUSTOMER: PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE ACCESSING OR USING THE INFORIDE MOBILE APP (“INFORIDE APP”) AND ANY THIRD PARTY PRODUCTS OFFERED THEREIN. THIS EULA IS A LEGALLY BINDING AGREEMENT BETWEEN INFORIDE, LLC. (“INFORIDE”) AND YOU, THE END USER OF THE INFORIDE APP (“CUSTOMER”).

BY CLICKING “I AGREE” CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ AND UNDERSTANDS THIS EULA AND THAT CUSTOMER IS BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. THE TERMS AND CONDITIONS OF THIS EULA SHALL BE CONSIDERED EFFECTIVE AS OF THE DATE CUSTOMER CLICKS “I AGREE” (THE “EFFECTIVE DATE”). IF CUSTOMER DOES NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS EULA, THEN CUSTOMER IS NOT AUTHORIZED TO ACCESS OR USE THE INFORIDE APP AND CUSTOMER SHALL IMMEDIATELY CEASE ACCESSING AND USING THE INFORIDE APP.

1.License Grant to Access and Use the InfoRide App.

a. Subject to the terms of this EULA, InfoRide grants to Customer, and Customer accepts a limited, non-transferable license to electronically access and use the InfoRide App in accordance with this EULA (“Right to Access and Use”). Customer’s Right to Access and Use is subject to the additional App Store terms set forth in Section 18 below.

b. Customer shall use the InfoRide App solely for Customer’s personal, non-commercial use on a single device controlled by Customer. The term of the Right to Access and Use is for the duration of Customer’s authorized use of the InfoRide App in accordance with this EULA. InfoRide may suspend or terminate Customer’s Right to Access and Use at any time and for any reason, without notice to Customer. The Right to Access and Use shall automatically terminate, without notice to Customer, if Customer fails to comply with any of the terms and conditions of this EULA. Upon termination of the Right to Access and Use, Customer shall immediately cease all access and use of the InfoRide App.

c. Customer acknowledges and agrees that the InfoRide App is provided under license, and not sold, to Customer. Customer does not acquire any ownership interest in the InfoRide App under this EULA, or any other rights thereto other than to use the InfoRide App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA. InfoRide and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the InfoRide App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to Customer in this EULA.

d. CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY AND USE OF CUSTOMER’S USERNAME AND PASSWORD. Customer shall immediately notify InfoRide by e-mail of any actual or suspected access to or use of its username, password and/or Customer’s account by any unauthorized party or any other actual or potential security breach involving its username, password or Customer’s account. InfoRide may, in InfoRide’s sole discretion and at any time, require Customer to change its username or password.

2. Restrictions on Use. Customer shall not:

a. upload, post, e-mail, transmit, or otherwise make available on or through the InfoRide App any content that: (i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (ii) is false, inaccurate, incomplete, untimely, or misleading; (iii) infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any person or entity; (iv) Customer does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or (v) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the InfoRide App in a manner not permitted by this EULA or expressly authorized by InfoRide;

b. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the InfoRide App;

c. impersonate any person or entity, including, but not limited to, an InfoRide representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. download, install, copy, store, access, or use the InfoRide App, except as specifically set forth in this EULA, including, without limitation, downloading, installing, copying, storing, accessing, or using the InfoRide App on tablet or other mobile device other than as permitted herein;

e. decrypt, disassemble, reverse engineer, or otherwise attempt to discover any source code or algorithm for the InfoRide App;

f. adapt, alter, merge, modify, or translate the InfoRide App;

g. interfere with or disrupt the InfoRide App or servers or networks connected to the InfoRide App, interfere with the use of the InfoRide App by others, or disobey any requirements, procedures, policies, or regulations of networks connected to the InfoRide App;

h. attempt to gain unauthorized access to any part of the InfoRide App or any account, computer system, or network associated with either the InfoRide App or the InfoRide, or any other customer or vendor of InfoRide;

i. remove or modify any proprietary or legal markings, legends, notices, or restrictions included in or with the InfoRide App as originally provided or made available by InfoRide;

j. create derivative works based upon, or otherwise improve or extend features or functionalities of the InfoRide App;

k. use, develop, distribute, or aid others in developing any InfoRide App or software which is functionally similar to any part of the InfoRide App, and/or which infringes any intellectual property rights of InfoRide or any customer or supplier of InfoRide;

l. assign, lease, lend, rent, resell, sublicense or otherwise transfer any right related to the InfoRide App or use the InfoRide App for timesharing or service bureau purposes;

m. allow a third party to access or use the InfoRide App or share access to the InfoRide App with an unauthorized person or entity;

n. use the InfoRide App to infringe or violate the rights of any other party or contribute to or encourage infringing or otherwise unlawful conduct;

o. collect or store personal information of other Customers;

p. use the InfoRide App for any purposes prohibited by applicable law;

q. export or re-export the InfoRide App (i) into any U.S.-embargoed country, or (ii) to any person or entity on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.

3. Intellectual Property Rights. The InfoRide App is protected by copyright, trademark, patent and other applicable intellectual property laws. Nothing in this EULA creates for Customer any right of ownership in or to the InfoRide App. Except for the limited rights to access and use the InfoRide App expressly granted to Customer in this EULA, InfoRide and its third party licensors reserve all rights relating to the InfoRide App. InfoRide and its third party licensors retain all title and all ownership rights to the InfoRide App and the third party products incorporated therein. From time to time, Customer may provide feedback to InfoRide regarding the InfoRide App, including, without limitation, usability, bug reports, and test results (“Feedback”). InfoRide will own all intellectual property rights, title, and interest in and to the Feedback.

4. Personal Information and Data.

a. Collection and Use of Your Information. Customer acknowledges that when Customer downloads, installs, or use the InfoRide App, InfoRide may use automatic means (including, for example, cookies and web beacons) to collect information about Customer’s mobile device and about Customer’s use of the InfoRide App. Customer also may be required to provide certain information about Customer as a condition to downloading, installing, or using the InfoRide App or certain of its features or functionality, including Customers first and last name and email, and the InfoRide App may provide Customer with opportunities to share information about Customer with Dealerships. All information InfoRide collects through or in connection with the InfoRide App is subject to our Privacy Policy . By downloading, installing, using, and providing information to or through the InfoRide App, Customer consent to all actions taken by us with respect to Customer’s information in compliance with the Privacy Policy.

b. Analytics; Aggregated Data. Customer hereby grants InfoRide a worldwide, perpetual, irrevocable right and license to use data based on Customer’s use of the InfoRide App to provide the InfoRide App and services related thereto and to create de-identified and aggregated data created by InfoRide from Customer’s use of the InfoRide (“Aggregated Data”). Customer acknowledges and agrees that: (i) InfoRide owns the Aggregated Data; and (ii) Customer does not own or have any right to the Aggregated Data.

c. Third Party Data. InfoRide is not responsible for any products, data, links, content, or other information provided by third parties (“Third Party Data”) or for any action Customer may take relating thereto (including, but not limited to, modifying, distributing, or posting Third Party Data). All Third-Party Data is the sole responsibility of the creator or sender of that Third Party Data. Although InfoRide may choose to do so, InfoRide is not obligated to monitor, supervise, store, or maintain Third-Party Data or respond to complaints relating to Third Party Data. If legally permitted, then InfoRide may access, use, and disclose any Third-Party Data in order to protect InfoRide’s or its third party provider’s rights or property, to protect other Customers of our InfoRide App, or when InfoRide believes release is appropriate to comply with the law, enforce InfoRide’s policies and procedures, or protect InfoRide’s or others’ rights, property, or safety.

5. Content and Services. The InfoRide App may provide Customer with access to InfoRide’s website located at https://www.inforide.app/terms-of-use (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the InfoRide App may be hosted on the Website (collectively, “Content and Services”). Customer’s access to and use of the InfoRide App and all such Content and Services are governed by InfoRide’s Terms of Use and Privacy Policy posted on the Website, which are incorporated herein by this reference. Customer’s access to and use of the InfoRide App and/or such Content and Services constitutes Customer’s acceptance and acknowledgement of such Terms of Use and Privacy Policy. Any violation of such Terms of Use will also be deemed a violation of this EULA.

6. Geographic Restrictions. The InfoRide App and all Content and Services are based in the state of Florida in the United States and provided for access and use only by persons located in the United States. Customer acknowledge that Customer may not be able to access the InfoRide App or all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries.

7. Updates. InfoRide may from time to time in its sole discretion develop and provide InfoRide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. Customer agree that InfoRide has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Customer’s mobile device settings, when Customer’s mobile device is connected to the internet either: (i) the InfoRide App will automatically download and install all available Updates; or (ii) Customer may receive notice of or be prompted to download and install available Updates. Customer shall promptly download and install all Updates and acknowledge and agree that the InfoRide App or portions thereof may not properly operate should Customer fail to do so. Customer further agree that all Updates will be deemed part of the InfoRide App and be subject to all terms and conditions of this EULA.

8. Third-Party Materials. The InfoRide App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). Customer acknowledge and agree that InfoRide is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. InfoRide does not assume and will not have any liability or responsibility to Customer or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to Customer, and Customer access and use them entirely at Customer’s own risk and subject to such third parties’ terms and conditions.

9. Inaccuracies or Errors. InfoRide merely provides a service to connect Customers and Dealerships as such InfoRide cannot (and does not) guarantee, verify, inspect and/or warrant any of the vehicles, vehicle data, vehicle history reports nor the information about the vehicles which are displayed through the InfoRide App by third parties, including but not limited to the title status of a vehicle, mileage, condition, description, vehicle history or accident reports, or anything else related thereto. InfoRide does not warrant the accuracy, completeness or timeliness of the descriptions, vehicle data, vehicle history reports, pictures and or any other information about the vehicles that is displayed on the InfoRide App. Before purchasing a vehicle that you have read about through the InfoRide App you should ascertain, confirm, research, inspect and or investigate any information that is important to your purchasing decision (including, without limitation, the condition of the vehicle, title, damage, mileage, history and the price). You hereby release Inforide from any liability for any errors or omissions in the descriptions, vehicle data, vehicle history reports, pictures, and any other information related to a vehicle whether provided by InfoRide, dealerships or third parties.

10. Term and Termination.

a. The term of this EULA commences when Customer installs the InfoRide App and will continue in effect until terminated by Customer or InfoRide as set forth in this Section 10.

b. Customer may terminate this EULA by deleting the InfoRide App from Customer’s mobile device. InfoRide may terminate this EULA at any time without notice if it ceases to support the InfoRide App, which InfoRide may do in its sole discretion. In addition, this EULA will terminate immediately and automatically without any notice if Customer violate any of the terms and conditions of this EULA. Upon termination all rights granted to Customer under this EULA will also terminate; and Customer must cease all use of the InfoRide App and delete all copies of the InfoRide App from Customer’s mobile device. Termination will not limit any of InfoRide’s rights or remedies at law or in equity.

11. DISCLAIMER OF WARRANTIES. EXCEPT AS SPECIFICALLY SET FORTH IN THIS EULA, AND TO THE MAXIMUM EXTENT PROVIDED BY LAW, INFORIDE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS EULA, INFORIDE PROVIDES THE INFORIDE APP “AS IS” AND DOES NOT WARRANT THE UNINTERRUPTED OR ERROR-FREE OPERATION OR USE OF THE INFORIDE APP OR THAT ANY SUCH INTERRUPTIONS OR ERRORS WILL BE CORRECTED. CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER IS SOLELY RESPONSIBLE TO IMPLEMENT AND MAINTAIN APPROPRIATE SECURITY POLICIES, PROCEDURES, EQUIPMENT, SOFTWARE, AND SERVICES ON AND RELATING TO CUSTOMER’S DEVICES, SOFTWARE, EQUIPMENT, AND NETWORK. INFORIDE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD PARTY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY PRODUCTS OR SERVICES WHICH USE THE INFORIDE APP, ARE OFFERED THROUGH THE INFORIDE APP OR WHICH CUSTOMER USES THE INFORIDE APP TO RECEIVE AND/OR SEND CUSTOMER DATA AND/OR OTHER INFORMATION FROM OR TO CUSTOMER. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY A REPRESENTATIVE OF INFORIDE WILL CREATE A WARRANTY, EXPAND A WARRANTY, OR IN ANY WAY LIMIT THE DISCLAIMER OF WARRANTIES SET FORTH IN THIS EULA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO CUSTOMER.

12. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PROVIDED BY LAW, INFORIDE WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY, ARISING OUT OF OR RELATED TO THE INFORIDE APP OR OTHERWISE RELATED TO THIS EULA, WHETHER OR NOT INFORIDE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES AND AGREES THAT INFORIDE’S AGGREGATE LIABILITY TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE INFORIDE APP OR OTHERWISE RELATED TO THIS EULA SHALL BE GOVERNED BY THE TERMS OF SERVICE AGREED TO BY THE DEALERSHIP AND INFORIDE.

13. Indemnification. Customer shall indemnify, defend and hold InfoRide harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) arising from or in connection with Customer’s failure to comply with any term or condition of this EULA.

14. Confidentiality.

a. Customer acknowledges that by reason of the relationship created by this EULA, Customer may have access to certain non-public information of substantial value concerning InfoRide’s business operations and/or technology and/or the business operations and/or technology of InfoRide’s vendors or suppliers (“Confidential Information”), which value would be impaired if such Confidential Information were disclosed to third parties or used other than for purposes expressly authorized hereunder. Customer agrees: (i) to maintain all Confidential Information, in whatever form disclosed, in strict confidence, (ii) not to disclose or otherwise make available such Confidential Information to any third party without the prior written consent of InfoRide or InfoRide’s vendors or suppliers, as applicable; and (iii) not to use the Confidential Information except as required in the performance of Customer’s obligations or the exercise of Customer’s rights under this EULA.

b. Upon the written request of InfoRide or InfoRide’s vendors or suppliers, as applicable, or upon any expiration or termination of this EULA, for any reason whatsoever, Customer shall immediately return to InfoRide or InfoRide’s vendors or suppliers, as applicable, or destroy all copies and partial copies of the Confidential Information, whether maintained in tangible, electronic or other form (including permanently erasing any portions thereof from computers and systems). Customer acknowledges that any breach of any of Customer’s obligations with respect to Confidential Information may cause or threaten irreparable harm to InfoRide or InfoRide’s vendors or suppliers, as applicable. Customer agrees, that in such event, InfoRide or InfoRide’s vendors or suppliers, as applicable, shall be entitled to seek equitable relief in any court of competent jurisdiction without the necessity of posting bond and in addition to such other remedies as may be available to InfoRide or InfoRide’s vendors or customers, as applicable, under law or in equity.

15. Export Regulation. The InfoRide App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. Customer shall not, directly or indirectly, export, re-export, or release the InfoRide App to, or make the InfoRide App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. Customer shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the InfoRide App available outside the US.

16. General. This EULA, InfoRide’s Privacy Policy and Terms of Use represent the entire agreement between Customer and InfoRide and supersede any prior or contemporaneous understandings or written or oral agreements between InfoRide and Customer with respect to the subject matter of this EULA. This EULA may only be modified by a document executed by an authorized representative of InfoRide. No other person is authorized to make any modifications, extensions, or additions to this EULA. Customer shall not assign this EULA or any right or obligation pursuant to this EULA without the prior, written consent of InfoRide, which consent may be withheld at the sole discretion of InfoRide. No waiver of a breach of this EULA by either Party shall be construed as a waiver of a similar or any other provision of this EULA. The invalidity or unenforceability of any provision of this EULA shall not affect the validity or enforceability of the remaining EULA or any other provision of this EULA. All of the terms and conditions of this EULA shall survive the earlier of the expiration or termination of this EULA.

17. Governing Law, Venue and Jurisdiction. This EULA is governed by, and construed in accordance with, the laws of the State of Florida (without giving effect to principles of conflicts of laws). The exclusive jurisdiction and venue for any dispute, controversy or claim arising out of or in connection with this EULA shall be the state and federal courts in and for Alachua County, Florida, and Customer and InfoRide waive any right to object to such jurisdiction and venue for any reason including, without limitation, forum non convenient.

18. Additional App Store Terms.

a. Acknowledgement. InfoRide and not Apple, Inc. (“Apple”) nor the Google Play Store (“Google”), is solely responsible for the InfoRide App and its content. Apple and Google, collectively referred to hereafter as “App Store.” Although App Store is not a party to this EULA, App Store has the right to enforce this EULA against you as a third party beneficiary relating to your use of the InfoRide App. Customer’s use of the InfoRide App must comply with all App Store usage rules, including but not limited to Apple’s Apple Media Services Terms and Conditions in effect as of the Effective Date, which Customer acknowledges that they have had the opportunity to review.

b. Scope of License. When accessing the InfoRide app from the Apple App Store, Customer’s Right to Access and Use the InfoRide App is limited to Customer’s use on any Apple-branded Products that Customer owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the InfoRide App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing

c. Maintenance and Support. To the extent that any maintenance or support is required by applicable law, InfoRide, not the App Store, shall be obligated to furnish any such maintenance or support. Customer and InfoRide acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the InfoRide App.

d. Warranty. In the event of any failure of the InfoRide App to conform to any applicable warranty that has not been disclaimed herein, the Customer may notify the App Store, and the App Store will refund the purchase price, if any, for the InfoRide App to Customer; and that, to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the InfoRide App or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. To the extent any warranty exists under law that cannot be disclaimed InfoRide and not the App Store, shall be solely responsible for such warranty.

e. Product Claims. InfoRide and Customer acknowledge that InfoRide, not App Store, is responsible for addressing any claims of Customer or any third party relating to the InfoRide App or Customer’s possession and/or use of the InfoRide App, including, but not limited to: (i) product liability claims; (ii) any claim that the InfoRide App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with InfoRide’s App’s use of the HealthKit and HomeKit frameworks, if applicable. Nothing in this EULA shall be deemed an admission that Customer may have such claims.

f. Intellectual Property Rights. InfoRide and Customer acknowledge that, in the event of any third party claim that the InfoRide App or the Customer’s possession and use of the InfoRide App infringes that third party’s intellectual property rights, to the extent InfoRide is required by applicable law, InfoRide, not App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

g. Legal Compliance. Customer represents and warrants that (i) Customer is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) Customer is not listed on any U.S. Government list of prohibited or restricted parties.

h. InfoRide Name and Address. Customer may direct any Customer questions, complaints or claims with respect to the InfoRide App, to InfoRide via any of the following:

Mail: InfoRide, LLC
625 W. University Avenue
Gainesville, Florida 32601

Telephone Number: 352-519-5852
Email address: Info@InfoRide.App

i. Third Party Terms of Agreement. Customer must comply with any and all applicable third party terms of agreement when using the InfoRide App, e.g. agreements with cellular providers.

j. Third Party Beneficiary. InfoRide and Customer acknowledge and agree that App store, and App Store’s subsidiaries, are third party beneficiaries to this EULA, and that, upon the Customer’s acceptance of the terms and conditions of the EULA, App Store will have the right (and will be deemed to have accepted the right) to enforce the EULA against Customer as a third party beneficiary thereof.

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