USAGE AGREEMENT WITH TERMS AND CONDITIONS:

Agreement for tracking services (“Agreement”) are made between DriveproGPS (“Company”) and the user of the DriveproGPS Tracking Service (“Customer”). The Tracking Services (“Services”) provide vehicle location and tracking through the Internet via the DriveproGPS GPS server and associated software. The services include a secure Logon and User Interface for accessing and tracking vehicles equipped with a GPS device (“Device”) designed to provide GPS positions and event notifications.

LIMITATION OF LIABILITY DriveproGPS is not liable for (i) cellular company service outages; (ii) incidental or consequential damages; (iii) economic loss or injuries to persons or property arising from Customer use of the Services, the Device, or any other equipment used in connection with the Device unless caused by the sole and/or gross negligence of DriveproGPS. DriveproGPS is not liable for service interruptions caused by acts of GOD, or third-party providers such as ISP, Internet, cellular carriers, or other governmental agencies. Should a third-party provider discontinue services due to sunsetting of technologies, the customer agrees not to hold DriveproGPS liable for any service interruption or nonperformance of the DriveproGPS SVR solutions. Customer agrees not to hold DriveproGPS liable for any nonperformance of product in the even a vehicle is stolen cannot be recovered due to circumstances beyond DriveproGPS INC’s control such as cellular coverage, GPS performance, unauthorized removal of product.

During the Term of this Agreement, DriveproGPS will provide Customer access to and use of the DriveproGPS Application Services and the software related thereto (collectively, the “DriveproGPS Application Software” or “Software”), and DriveproGPS shall provide Support Services (as defined herein) and other related services that are provided for herein (such as DriveproGPS Application Software, access, use and services referred to, collectively, as the “Service” or the “DriveproGPS Application Service”).

The DriveproGPS Application Services are non-cancelable by the customer and consists of a hosted web enabled application, data access and storage, carrier interface(s), and email interface. Customer is responsible for obtaining and maintaining all computer equipment, mobile equipment, software, and communications equipment needed or necessary to access the DriveproGPS Application Service, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the DriveproGPS Application Service. Upon acceptance of this Agreement, DriveproGPS will provide Customer with login access to the DriveproGPS Application Service for the Term of this Agreement. All system and app upgrades to the DriveproGPS Application Service are done free of charge to Customer. the customer also agrees to allow DriveproGPS and its approved affiliates to contact the customer via phone, text, or other means for the purpose of providing the customer with information about their vehicle, system improvements, new offerings, and or enhancements. DriveproGPS does not sell, offer, or market the customers’ information outside the original dealership DriveproGPS was purchased from.

Drivepro Platinum Services: Drivepro Platinum services are provided to the customer for the term purchased and recorded on the contract term. At the end of the term DriveproGPS at its discretion may or may not offer the end user an opportunity to renew the service.

Drivepro Gold Services: Drivepro Gold SVR services are provided to the customer for as long as they own the vehicle, or a maximum of the term stated on the contract in years. At the end of the term DriveproGPS at its discretion may or may not offer the end user an opportunity to renew the service.

Drivepro Silver Wireless Device Service: Driveprogps Silver Wireless SVR services are provided to the customer for a maximum of the term stated on the contract in years. At the end of the term DriveproGPS at its discretion may or may not offer the end user an opportunity to renew or replace the device.

THE DRIVEPROGPS STOLEN VEHICLE RECOVERY SYSTEM IS NOT A REQUIREMENT FOR THE PURCHASE OR FINANCING OF THE VEHICLE.

LIMITED LIFETIME WARRANTY COVERAGE

DEVICE LIMITED LIFETIME WARRANTY TERMS AND CONDITIONS – DRIVEPROGPS WARRANTS THAT THE DEVICE SHALL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AND WILL SUBSTANTIALLY CONFORM TO THE DRIVEPROGPS APPLICABLE PUBLISHED SPECIFICATIONS FOR THE DEVICE. THE LIMITED LIFETIME WARRANTY ON THE HARDWARE ONLY APPLIES FOR AS LONG AS THE AIRTIME IS CURRENT AND THERE ARE NO LAPS IN THE AIRTIME, THE DEVICE REMAINS UNDER THE LIMITED WARRANTY. IF AT ANY TIME THE AIRTIME TERM LAPSES, THE LIMITED LIFETIME WARRANTY WILL BE CONSIDERED EXPIRED AND MAY NOT BE RENEWED. DRIVEPROGPS MAY, AT ITS DISCRETION, EITHER (A) REPAIR THE DEVICE WITH NEW OR REFURBISHED PARTS, Or (B) REPLACE IT WITH A NEW OR A REFURBISHED DEVICE. THE DECISION TO REPAIR OR REPLACE WILL BE MADE BY DRIVEPROGPS. THIS LIMITED LIFETIME WARRANTY ONLY COVERS FAILURES DUE TO DEFECTS IN MATERIALS OR WORKMANSHIP AND DOES NOT COVER NORMAL WEAR AND TEAR OR COSMETIC DAMAGE. THE LIMITED LIFETIME WARRANTY ALSO DOES NOT COVER FAILURES WHICH ARE CAUSED BY PRODUCTS NOT SUPPLIED BY DRIVEPROGPS, OR FAILURES WHICH RESULT FROM ACCIDENTS, MISUSE, ABUSE, NEGLECT, MISHANDLING, MISAPPLICATION, ALTERATION, FAULTY INSTALLATION, SET-UP ADJUSTMENTS, IMPROPER MAINTENANCE, POWER SURGE, LIGHTNING DAMAGE, MODIFICATION, INTRODUCTION OF SAND, HUMIDITY OR LIQUIDS, COMMERCIAL USE OF THE PRODUCT, OR SERVICE BY ANYONE OTHER THAN AN AUTHORIZED SERVICER, OR DAMAGE THAT IS ATTRIBUTABLE TO ACTS OF GOD. THERE ARE NO EXPRESS WARRANTIES EXCEPT AS LISTED UNDER THIS “LIMITED LIFETIME WARRANTY COVERAGE”

TRANSFER OF BENEFITS

Excluding the DriveproGPS Anti-Theft Warranty, the DriveproGPS Connected Car Vehicle Recovery System may be transferred to a subsequent owner for the duration of the original contract. Any transfer of service must be approved and processed by the DriveproGPS and approved in writing by the original purchaser/owner listed on the original contract. There will be a $99.00 service fee per transfer. For assistance or questions please contact DriveproGPS at [email protected] or 866-799-5609