AXIKIT ACCIDENT REPORT KIT APP – END USER LICENSE AGREEMENT &
PRIVACY POLICY
END USER LICENSE AGREEMENT
By using this Mobile App, you are agreeing to the terms and conditions as set forth in
this Agreement.
Your Use of This MOBILE APP is Governed by These Terms and Conditions The AxiKit
MOBILE APP is operated by AxiKit, Inc. (“AxiKit”). Please take a few minutes to review
these Terms and Conditions. Your use of this MOBILE APP constitutes your agreement to
follow these rules and to be bound by them. If you do not agree with any of these Terms and
Conditions, do not use the AxiKit MOBILE APP.
Enforcement of Terms & Conditions
BY ACCESSING AND USING THE AXIKIT MOBILE APP, YOU AGREE THAT YOUR
ACCESS TO AND USE OF THIS MOBILE APP IS SUBJECT TO THESE TERMS AND
CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND
INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF MARYLAND, UNITED
STATES OF AMERICA.
Copyright & Trademark Notice
CONTENTS © COPYRIGHT 2013 AXIKIT, INC. AXIKIT AND THE AXIKIT LOGO ARE
REGISTERED TRADEMARKS OF AXIKIT, INC. ALL RIGHTS RESERVED.
All of the Content you see on the AxiKit MOBILE APP, including, for example, all of the
page headers, images, illustrations, graphics, and text, are subject to trademark, service mark,
trade dress, copyright and/or other intellectual property rights or licenses held by AxiKit. The
entire Content of this MOBILE APP is copyrighted as a collective work under U.S. copyright
laws, and AxiKit owns a copyright in the selection, coordination, arrangement and
enhancement of the Content.
This mobile app contains AxiKit and third-party trademarks and service marks. All marks are
the property of their respective companies. All rights in the intellectual property contained in
this mobile app including copyright, trademarks, trade secret and patent rights are reserved.
Access to this mobile app does not constitute a right to copy or use any of the intellectual
property of AxiKit or its suppliers. Statutory notice contained herein represents trademark
status in the United States.
All materials contained on this Site are subject to the ownership rights of AxiKit. AxiKit
hereby authorizes you to make a single copy of the content herein for your use in learning
about, evaluating, or acquiring AxiKit services or products. You agree that any copy made
must include AxiKit copyright notice. No other permission is granted to you to print, copy,
reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the
content contained on this Site. By submitting a design or logo to AxiKit for any purpose,
including the manufacture or imprinting of AxiKit products, you warrant and represent that
you are the sole, legal owner or licensee of all rights, including copyright, to each copyright,
trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph,
picture or illustration of any person or any other intellectual property included in such design.
Further you warrant and represent that no part of the design: (a) violates or infringes upon any
common law or statutory right of any person or entity, including, but not limited to, rights
relating to copyrights, trademarks, contract rights, moral rights or rights of public
performance; (b) is the subject of any notice of such infringement you have received; or (c) is
subject to any restriction or right of any kind or nature whatsoever which would prevent
AxiKit from legally reproducing the images or text submitted.
You agree to defend, at your sole expense, any claim, suit, or proceeding brought against
AxiKit which relates to, or is based upon, a claim that any portion of the design infringes or
constitutes wrongful use of any copyright, trademark, or other right of any third party,
provided that AxiKit gives you written notice of any such claim and provides you such
reasonable cooperation and assistance as you may require in the defense thereof. You shall
pay any damages and costs assessed against AxiKit pursuant to such a suit or proceeding.
Further, you agree to indemnify and hold AxiKit harmless from and with respect to any such
loss or damage (including, but not limited to, reasonable attorneys’ fees and costs) associated
with any such claim, suit or proceeding.
All items shown on this mobile app containing corporate logos or registered trademarks are
shown only to illustrate AxiKit’s logo reproduction capabilities. Purchase of merchandise
from AxiKit in no way grants you permission to reproduce logos, nor does it transfer, grant or
lease ownership of any logos or trademarks to you.
Scope of License: This license granted to You for the Licensed Application by AxiKit,
Inc.(application provider) is limited to a non-transferable license to use the Licensed
Application on any compatible device that You own or control. This license does not allow
You to use the Licensed Application on any device that You do not own or control, and You
may not distribute or make the Licensed Application available over a network where it could
be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute
or sublicense the Licensed Application. You may not copy (except as expressly permitted by
this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive
the source code of, modify, or create derivative works of the Licensed Application, any
updates, or any part thereof (except as and only to the extent any foregoing restriction is
prohibited by applicable law or to the extent as may be permitted by the licensing terms
governing use of any open sourced components included with the Licensed Application). Any
attempt to do so is a violation of the rights of the Application Provider and its licensors. If
You breach this restriction, You may be subject to prosecution and damages. The terms of the
license will govern any upgrades provided by Application Provider that replace and/or
supplement the original Product, unless such upgrade is accompanied by a separate license in
which case the terms of that license will govern.
Consent to Use of Data: You agree that Application Provider may collect and use technical
data and related information, including but not limited to technical information about Your
device, system and application software, and peripherals, that is gathered periodically to
facilitate the provision of software updates, product support and other services to You (if any)
related to the Licensed Application. Application Provider may use this information, as long as
it is in a form that does not personally identify You, to improve its products or to provide
services or technologies to You.
Submissions: We welcome your comments regarding this MOBILE APP. However, any
comments, feedback, notes, messages, ideas, suggestions or other communications
(collectively, “Comments”) sent to AxiKit shall be and remain the exclusive property of
AxiKit Your submission of any such Comments shall constitute an assignment to AxiKit of all
worldwide rights, titles and interests in all copyrights and other intellectual property rights in
the Comments. AxiKit will be entitled to use, reproduce, disclose, publish and distribute any
material you submit for any purpose whatsoever, without restriction and without
compensating you in any way. For this reason, we ask that you not send us any comments that
you do not wish to assign to us, including any confidential information or any original
creative materials such as stories, product ideas, computer code or original artwork.
Access and Use of Information Access to this mobile app is limited to viewing the linked Web
pages solely for legitimate business purposes to access the information provided by AxiKit at
this mobile app. Any access or attempt to access other areas of the AxiKit computer system or
other information contained on the system for any purposes is strictly prohibited. You may
not use any information contained on this mobile app other than in connection with a
legitimate business purpose.
No right, title or interest in any downloaded materials is transferred to you as a result of any
such downloading. AxiKit reserves complete title and full intellectual property rights in any
Content you download from this MOBILE APP.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute,
transmit, transfer or create derivative works from the Content without first obtaining written
permission from AxiKit.
Disclaimer All information provided on this mobile app is subject to change without notice.
While efforts have been made to make this mobile app helpful and accurate, due to the
potential for errors in the storage and transmission of digital information, AxiKit does not
warrant the accuracy of information obtained from this mobile app. ALL MATERIALS
POSTED ON THIS SITE ARE “AS IS” AND WITHOUT WARRANTIES EXPRESS OR
IMPLIED. AXIKIT DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED
WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
AXIKIT.COM DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE
WILL BE UNINTERUPPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. AXIKIT.COM DOES NOT WARRANT OR
REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, AXIKIT DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS
SITE.
WITHOUT LIMITING THE FOREGOING, AxiKit BUSINESSES DO NOT REPRESENT
OR WARRANT THAT THE INFORMATION ON THIS MOBILE APP IS ACCURATE,
COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS MOBILE
APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, AXIKIT DISCLAIMS ANY LIABILITY AS TO
THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
AXIKIT DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR
REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU
MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE
INFORMATION CONTAINED ON THIS MOBILE APP, OR ABOUT ANY MOBILE APP
YOU MAY ACCESS THROUGH THIS MOBILE APP. LINKS TO OTHER SITES ARE
PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN
DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY
OTHER MOBILE APP.
AXIKIT MAKES NO REPRESENTATIONS THAT CONTENT PROVIDED ON THIS
MOBILE APP IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE
OF THE UNITED STATES.
AXIKIT ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE
CONTENT PROVIDED ON THIS MOBILE APP.
Product Suitability
Many states and localities have laws and regulations governing sales and/or use of products
for certain purposes, which may vary from vary jurisdiction to jurisdiction. While AxiKit
attempts to assure that its products comply with such laws and regulations, it cannot guarantee
compliance, and cannot be responsible for how the product is stored or used. Before purchase,
please review the product application, and national and local laws and regulations, to be sure
that the product and its use will comply with them.
PRODUCT WARRANTY INFORMATION & DISCLAIMERS: AXIKIT ASSUMES NO
RISK OR RESPONSIBILITY FOR YOUR USE OF ANY AXIKIT PRODUCT OR
COMPONENT OF SUCH PRODUCT. AXIKIT products are designed to provide general
guidance. It is the user’s and purchaser’s responsibility to comply with all applicable laws and
insurance requirements. AxiKit makes no warranties to those defined as consumers in the
Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
PRODUCT CHANGES:
AXIKIT is committed to a continuing program of product improvement. Specifications,
functionality, and appearance are subject to change without notice.
EXCLUSION OF WARRANTIES & REMEDIES:
AXIKIT MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
PARTICULAR PURPOSE, WITH RESPECT TO ANY GOODS SOLD AS PART OF
“AXIKIT” OR INSTRUCTIONS PROVIDED THEREIN; MAKES NO
REPRESENTATION OR WARRANTY AS TO THE LEGAL EFFECTIVENESS OF
ANY ACTIONS TAKEN IN ACCORDANCE WITH INSTRUCTIONS THEREIN, AND
SHALL IN NO EVENT BE LIABLE UNDER ANY CAUSE OF ACTION FOR ANY
DAMAGES RELATED TO THE USE OF SAID MATERIALS AND INSTRUCTIONS.
BUYER AND/OR USER AGREES THAT IF AxiKit SHALL BE FOUND TO HAVE
BREACHED ANY WARRANTY OR OTHERWISE INCURRED ANY LIABILITY TO
BUYER AND/OR USER, BUYER’S AND/OR USER’S SOLE REMEDY AGAINST
AXIKIT SHALL BE FOR BUYER AND/OR USER TO RETURN DEFECTIVE GOODS
TO AXIKIT FOR (IN AXIKIT’S SOLE DISCRETION) REPAIR, REPLACEMENT OR
A FULL OR PARTIAL REFUND OF THE PRICE PAID.
Typographical Errors
The material in this site could include technical inaccuracies or typographical errors. AxiKit
may make changes or improvements at any time.
Third Party Links
In an attempt to provide increased value to our visitors, this app may contain links to sites on
the Internet that are owned and operated by third party vendors and other third parties (the
“External Sites”). However, even if the third party is affiliated with AxiKit, AxiKit has no
control over these linked sites, all of which have separate privacy and data collection
practices, independent of AxiKit. AxiKit has no responsibility or liability for these
independent policies or actions and is not responsible for the privacy practices or the content
of such sites. These linked sites are only for your convenience and therefore you access them
at your own risk. Links do not imply that AxiKit sponsors, endorses, is affiliated with or
associated with, or has been legally authorized to use any trademark, trade name, service
mark, design, logo, symbol or other copyrighted materials displayed on or accessible through
such External Sites. Nonetheless, AxiKit seeks to protect the integrity of its Site and the links
placed upon it and therefore requests any feedback on not only its own Site, but for sites it
links to as well (including if a specific link does not work).You should contact the Site
administrator or Webmaster for those External Sites if you have any concerns regarding such
links or the content located on such External Sites.
Claims
Each claim or statement about the effectiveness of AxiKit products and/or each claim or
statement comparing the effectiveness of AxiKit products to the effectiveness of other
products is expressly limited to the United States, unless otherwise disclosed on the Site.
Indemnification
You agree to indemnify, defend, and hold harmless AxiKit, its officers, directors, employees,
agents, licensors and suppliers (collectively the “Provider”) from and against all losses,
expenses, damages and costs, including reasonable attorneys’ fees, resulting from any
violation of these terms and conditions or any activity related to your Internet account
(including negligent or wrongful conduct), by you or any other person accessing the Site
using your Internet account.
THIS MOBILE APP AND ITS CONTENS INCLUDING, WITHOUT LIMITATION,
TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AXIKIT
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM
COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING
OR COURSE OF PERFORMANCE. AxiKit DOES NOT REPRESENT OR WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. AxiKit DOES NOT MAKE ANY
WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE
MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS,
CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AXIKIT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL,
DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF AxiKit HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER
IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY,
ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR
PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND
MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Applicable Laws
Your use of this Site shall be governed in all respects by the laws of the state of Maryland,
U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on
contracts for the international sale of goods. You agree that jurisdiction over and venue in any
legal proceeding directly or indirectly arising out of or relating to this Site (including but not
limited to the purchase of AxiKit products) shall be in the state or federal courts located in
Baltimore, Maryland. Any cause of action or claim you may have with respect to the Site
(including but not limited to the purchase of AxiKit products) must be commenced within one
(1) year after the claim or cause of action arises. AxiKit’s failure to insist upon or enforce
strict performance of any provision of these terms and conditions shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any of these terms and conditions. AxiKit may assign its rights
and duties under this Agreement to any party at any time without notice to you. AxiKit makes
no representation that materials in the Site are appropriate or available for use in other
locations, and access to them from territories where their content is illegal is prohibited.
Those who choose to access this Site from locations outside of Maryland do so on their own
initiative and are responsible for compliance with applicable local laws. You may not use or
export the materials in violation of U.S. export laws and regulations. Any claim relating to the
materials shall be governed by the internal substantive laws of the State of Ohio.
Arbitration
By using this Mobile App, you agree that AxiKit, at its sole discretion, may require you to
submit any disputes arising from the use of this Mobile App or these Terms and Conditions
concerning or, including disputes arising from or concerning their interpretation, violation,
nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in
this contract or its adaptation to newly arisen circumstances, to final and binding arbitration
under the International Rules of Arbitration of the American Arbitration Association, by one
or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules,
however, such proceeding shall be governed by the laws of the state as set forth in the
previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages
and shall include no injunction or direction to any party other than the direction to pay a
monetary amount. Further, the arbitrator(s) shall have no authority to award punitive,
consequential or other damages not measured by the prevailing party’s actual damages in any
arbitration initiated under this section, except as may be required by statute.
Termination
These terms and conditions are applicable to you upon your accessing this Mobile App. The
license is effective until terminated by You or Application Provider. Your rights under this
license will terminate automatically without notice from the Application Provider if You fail
to comply with any term(s) of this license. Upon termination of the license, You shall cease
all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed
Application. These terms and conditions, or any of them, may be modified or terminated by
AxiKit without notice at any time for any reason. The provisions relating to Copyrights and
Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws,
Arbitration and General, shall survive any termination.
These Terms and Conditions May Change
The Terms of Use was last updated on March 31, 2014. AxiKit reserves the right to update or
modify these Terms and Conditions at any time without prior notice. Your use of this
MOBILE APP following any such change constitutes your agreement to follow and be bound
by the Terms and Conditions as changed. For this reason, we encourage you to review these
Terms and Conditions whenever you use this MOBILE APP.
Services; Third Party Materials: The Licensed Application may enable access to third party
services and web sites (collectively and individually, “Services”). Use of the Services may
require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be
deemed offensive, indecent, or objectionable, which content may or may not be identified as
having explicit language, and that the results of any search or entering of a particular URL
may automatically and unintentionally generate links or references to objectionable material.
Nevertheless, You agree to use the Services at Your sole risk and that the Application
Provider shall not have any liability to You for content that may be found to be offensive,
indecent, or objectionable.
Certain Services may display, include or make available content, data, information,
applications or materials from third parties (“Third Party Materials”) or provide links to
certain third party web sites. By using the Services, You acknowledge and agree that the
Application Provider is not responsible for examining or evaluating the content, accuracy,
completeness, timeliness, validity, copyright compliance, legality, decency, quality or any
other aspect of such Third Party Materials or web sites. The Application Provider does not
warrant or endorse and does not assume and will not have any liability or responsibility to
You or any other person for any third-party Services, Third Party Materials or web sites, or
for any other materials, products, or services of third parties. Third Party Materials and links
to other web sites are provided solely as a convenience to You. Financial information
displayed by any Services is for general informational purposes only and is not intended to be
relied upon as investment advice. Before executing any securities transaction based upon
information obtained through the Services, You should consult with a financial professional.
Location data provided by any Services is for basic navigational purposes only and is not
intended to be relied upon in situations where precise location information is needed or where
erroneous, inaccurate or incomplete location data may lead to death, personal injury, property
or environmental damage. Neither the Application Provider, nor any of its content providers,
guarantees the availability, accuracy, completeness, reliability, or timeliness of stock
information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is
protected by applicable intellectual property and other laws, including but not limited to
copyright, and that You will not use such proprietary content, information or materials in any
way whatsoever except for permitted use of the Services. No portion of the Services may be
reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell,
distribute, or create derivative works based on the Services, in any manner, and You shall not
exploit the Services in any unauthorized way whatsoever, including but not limited to, by
trespass or burdening network capacity. You further agree not to use the Services in any
manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of
any other party, and that the Application Provider is not in any way responsible for any such
use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or
transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from,
displayed on or linked to from the devices are not available in all languages or in all
countries. The Application Provider makes no representation that such Services and Materials
are appropriate or available for use in any particular location. To the extent You choose to
access such Services or Materials, You do so at Your own initiative and are responsible for
compliance with any applicable laws, including but not limited to applicable local laws. The
Application Provider, and its licensors, reserve the right to change, suspend, remove, or
disable access to any Services at any time without notice. In no event will the Application
Provider be liable for the removal of or disabling of access to any such Services. The
Application Provider may also impose limits on the use of or access to certain Services, in any
case and without notice or liability.
E. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF
THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT
IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE
LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS
AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND
APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY
SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT
OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT
WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED
APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED
OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE
LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE
ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
F. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF
DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR
LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE
LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION
PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL
INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total
liability to you for all damages (other than as may be required by applicable law in cases
involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing
limitations will apply even if the above stated remedy fails of its essential purpose.
G. You may not use or otherwise export or re-export the Licensed Application except as
authorized by United States law and the laws of the jurisdiction in which the Licensed
Application was obtained. In particular, but without limitation, the Licensed Application may
not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the
U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of
Commerce Denied Person’s List or Entity List. By using the Licensed Application, you
represent and warrant that you are not located in any such country or on any such list. You
also agree that you will not use these products for any purposes prohibited by United States
law, including, without limitation, the development, design, manufacture or production of
nuclear, missiles, or chemical or biological weapons.
The Licensed Application and related documentation are “Commercial Items”, as that
term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and
“Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48
C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software
and Commercial Computer Software Documentation are being licensed to U.S. Government
end users (a) only as Commercial Items and (b) with only those rights as are granted to all
other end users pursuant to the terms and conditions herein. Unpublished-rights reserved
under the copyright laws of the United States.
The laws of the State of Maryland, excluding its conflicts of law rules, govern this license
and your use of the Licensed Application. Your use of the Licensed Application may also be
subject to other local, state, national, or international laws.
If you are using the Licensed Software on behalf of a business, that business accepts
these terms. It will hold harmless and indemnify AxiKit, Inc. and its affiliates, officers,
agents, and employees from any claim, suit or action arising from or related to the use of the
Licensed Software or violation of these terms, including any liability or expense arising from
claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
AxiKit may periodically update, change and improve the product, Licensed Software and
Documentation, and may add or remove functionalities or features at any time. Any changes
to the Licensed Software and Documentation are subject to this Agreement.
PRIVACY POLICY
Effective Date: 1/1/2026 Last Updated: 1/1/2026
This Privacy Policy describes how AxiKit, Inc. (“AxiKit,” “we,” “our,” or “us”) collects,
uses, stores, discloses, and protects personal data in connection with the AxiKit Accident Report
System, including our mobile application, web-based dashboards, and related cloud services
(collectively, the “Services”).
AxiKit provides a software platform that enables drivers and fleet operators to document
traffic accidents, collect required information, and distribute accident reports. In doing so, AxiKit
acts primarily as a data processor or service provider on behalf of its customers, who are the data
controllers for the information submitted through the Services.
This Privacy Policy applies to all users of the Services, including drivers, fleet
administrators, and other individuals whose personal data may be included in accident reports.
1. INFORMATION WE COLLECT
We collect information that is submitted to the Services, generated through use of the
Services, or provided to us by our customers. This may include:
a. Identity and Contact Information: Name; Email address; Phone number;
Employer or fleet affiliation; Driver or employee identification numbers.
b. Government Identification and Licensing Information: Driver’s license
numbers; Images of driver’s licenses or other identification documents.
c. Vehicle and Insurance Information: Vehicle registration; Vehicle identification
numbers (VINs); License plate numbers; Insurance policy numbers and insurer details.
d. Accident Report Information: Date, time, and location of accidents; Written
descriptions and notes; Checklists and form responses; Accident severity indicators.
e. Images, Audio, and Media: Photographs of accident scenes, vehicles, or injuries;
Audio recordings or voice notes; Uploaded documents or files.
f. Health-Adjacent and Injury Information: Information about injuries,
ambulance involvement, or fatalities; Observations or statements that may relate to medical
conditions.
g. Technical and Metadata: Timestamps; Device and application usage data; IP
addresses; Log files.
h. Communications: Support requests; Emails or messages sent to AxiKit
Because accident reports may contain sensitive personal information, including health-related
data, certain data processed through the Services may be considered “sensitive personal data”
under U.S. state privacy laws and “special category data” under the UK GDPR. Moreover,
certain information processed through the Services may constitute ‘Sensitive Personal
Information’ as defined under applicable U.S. state privacy laws, including government
identifiers, precise location data, and health-related information.
We collect the categories of personal data described above for the business and commercial
purposes described in Section 2 of this Policy. These purposes include providing the Services,
complying with legal obligations, and maintaining the security and integrity of our systems.
2. HOW WE USE INFORMATION
We process personal data solely for legitimate business and contractual purposes, including
but not limited to: providing and operating the Services; generating and distributing accident
reports to designated recipients; maintaining dashboards, data exports, and reporting tools;
supporting customer accounts and technical operations; securing and maintaining system
integrity; complying with legal obligations; improving platform functionality.
We do not sell personal data and do not use personal data for advertising or marketing
unrelated to the Services.
3. OUR ROLE AS DATA PROCESSOR
In most cases, AxiKit acts as a data processor or service provider. Our customers (such as
fleet operators or employers) are the data controllers and determine: what information is
collected; how it is used; how long it is retained; who receives accident reports. AxiKit processes
personal data primarily according to our customers’ instructions and as necessary to provide,
secure, maintain, and comply with legal obligations relating to the Services. In relationships
involving financial institutions or insurance providers, AxiKit may also act as a service provider
subject to federal data security obligations, including those under the Gramm-Leach-Bliley Act.
Certain information processed through the Services may relate to injuries or medical conditions.
AxiKit is not a healthcare provider or health plan and does not act as a covered entity under the
Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). However, where
AxiKit acts as a service provider or business associate to a covered entity and processes
Protected Health Information (“PHI”), AxiKit will comply with applicable HIPAA requirements
and enter into appropriate Business Associate Agreements. AxiKit may also process personal
data as required to comply with applicable laws, regulations, court orders, or lawful
governmental requests.
4. LEGAL BASES FOR PROCESSING (UK GDPR)
Where UK GDPR applies, our processing is based on: performance of a contract; legitimate
interests in operating a secure reporting platform; compliance with legal obligations; consent
where required by law.
5. DATA RETENTION
We retain personal data only as long as necessary to provide the Services and as instructed by
our customers, or as required by law. Customers control retention policies for accident reports
and associated records. Upon termination of services, data may be deleted in accordance with
contractual agreements and applicable law.
6. DATA SHARING AND DISCLOSURE
We may share personal data with: our customers and their authorized users; cloud hosting
providers (such as AWS); email and communication service providers; IT and security service
providers; and legal authorities when required by law.
All third-party service providers are required to protect personal data in accordance with
contractual confidentiality and security obligations. Where personal data includes Nonpublic
Personal Information subject to the GLBA, AxiKit requires service providers with access to such
data to maintain safeguards consistent with applicable federal requirements. AxiKit does not sell
or share personal data for cross-context behavioral advertising purposes. The Services do not use
personal data for automated decision-making or profiling that produces legal or similarly
significant effects. While customers control the retention of accident reports and associated
records, AxiKit implements technical and organizational measures designed to support data
minimization principles, including tools that enable deletion, limitation of access, and retention
management consistent with applicable legal requirements and industry best practices. AxiKit
does not retain personal data longer than necessary for the purposes for which it is processed,
except as required by law or contractual obligations.
7. INTERNATIONAL DATA TRANSFERS
Personal data may be stored or processed in the United States or other countries where
AxiKit or its service providers operate. Where required, we use appropriate safeguards for
international transfers, including standard contractual clauses. In addition, we implement
technical and organizational security measures designed to protect personal data, including
sensitive financial and health-adjacent information, when it is processed or accessed
internationally.
8. DATA SECURITY
We implement risk-based administrative, technical, and organizational measures designed to
protect personal data against unauthorized access, disclosure, alteration, or destruction. These
measures include, where appropriate, encryption, access controls, monitoring and testing of
systems, incident response planning, and periodic security assessments. These measures include
secure cloud infrastructure, access controls, encryption where appropriate, monitoring and
testing of systems, incident response planning, and limited employee access based on job
function. However, no system can be guaranteed to be completely secure.
Certain information processed through the Services, including insurance policy information,
vehicle financing data, and other financial identifiers, may constitute “Nonpublic Personal
Information” (“NPI”) under the Gramm-Leach-Bliley Act (“GLBA”) when such data is provided
by or on behalf of financial institutions, insurers, lenders, or self-insured fleet operators.
In those circumstances, AxiKit acts as a service provider and maintains safeguards designed
to comply with the GLBA Safeguards Rule, including administrative, technical, and physical
measures to protect NPI against unauthorized access, disclosure, or misuse that could result in
substantial harm or inconvenience to individuals.
These safeguards include, where appropriate, risk assessment procedures, access controls,
encryption, monitoring and testing of security systems, incident response planning, and oversight
of service providers that may have access to NPI.
9. DATA SUBJECT RIGHTS
Note that we may need to verify your identity before responding to certain privacy requests.
Depending on your location, you may have rights to: access your personal data; correct
inaccurate data; request deletion; restrict or object to processing; request data portability; and/or
withdraw consent where applicable. Where applicable under U.S. state privacy laws, individuals
may also have the right to know what categories of personal data are collected, the right to limit
the use of sensitive personal information, and the right not to be discriminated against for
exercising their privacy rights. Under the UK GDPR, individuals also have the right to lodge a
complaint with the Information Commissioner’s Office (ICO) if they believe their data has been
processed unlawfully. Where processing involves special category data, we rely on applicable
legal bases and safeguards permitted under the UK GDPR, including processing necessary for
the establishment, exercise, or defense of legal claims, substantial public interest, or as instructed
by the data controller. “AxiKit may redirect requests to the appropriate data controller where
required but will not ignore or discard any valid privacy rights request.
Requests should be directed to the organization that controls your data (typically your
employer or fleet operator). Authorized agents may submit requests on behalf of individuals
where permitted by law, subject to verification requirements. Where appropriate, AxiKit will
assist our customers in responding to such requests.
10. BREACH NOTIFICATION
In the event of a data security incident involving personal data, AxiKit will notify affected
customers without undue delay in accordance with applicable law and contractual obligations.
Where required by applicable law or contract, AxiKit will also support or coordinate notification
to affected individuals and regulators.
11. CHILDREN’S INFORMATION
The Services are not directed to children under 13, and we do not knowingly collect personal
data from children.
12. THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for their
privacy practices.
13. CHANGES TO THIS POLICY
We may update this Privacy Policy from time to time. The updated version will be posted
with a new effective date.
14. GOVERNING LAW
This Privacy Policy is governed by applicable data protection and privacy laws, including
U.S. state privacy laws and, where applicable, the UK GDPR.
15. CONTACT INFORMATION
AxiKit, Inc.
PO Box 32321
Baltimore, MD 21282-7546
Email: info@axikit.com