Terms of service

Effective Date: December 5, 2024

Welcome to Monimoto!

These Terms of Service (hereinafter – “Terms“) outline the rules governing access to and use of the Global Positioning System (GPS) tracking device and the services provided under the Monimoto brand, including, but not limited to, the website located at https://monimoto.com/ (hereinafter – “Website“), the Monimoto mobile application, the API, and other related services offered by Monimoto (hereinafter collectively referred to as “Monimoto Services“).

We recommend carefully reading these Terms before using any of the Monimoto Services. By using any of the Monimoto Services, you agree to comply with these Terms and the Privacy Policy.

If you have not read and/or understood the provisions of these terms, we recommend that you stop using Monimoto services and refrain from making any purchases via Website.

1. GENERAL INFORMATION

1.1. These Terms will form a legally binding agreement between you (hereinafter – “You” or “User“) and UAB Monimoto, legal entity code 304419415, address Saulėtekio al. 15-1, Vilnius, Lithuania (hereinafter – “Monimoto“) whenever You use the Monimoto Services.

1.2. These Terms define the rights and obligations of Monimoto and the User, the conditions for ordering and paying for services, the responsibilities of the parties, and other provisions related to the use of Monimoto Services.

1.3. To access, download, install, or use the Monimoto Services, whether or not You register as a user, You must meet the following minimum requirements:

1.3.1. You have read these Terms and agree to be bound by them.

1.3.2. You are at least 18 years old, and your use of Monimoto Services is in compliance with all applicable laws and regulations. Monimoto Services are not intended for use by children or minors.

1.3.3. You are using Monimoto Services for personal or business purposes. In a business environment, the device may be employed only with prior notification to employees and/or third parties (or with their consent), as required by applicable legal regulations, and exclusively for legitimate business purposes, such as vehicle management, logistics optimization, or ensuring security. You will not use Monimoto Services to infringe on the privacy, rights, or ownership of others.

1.3.4. You will comply with all applicable laws and regulations in your jurisdiction related to the operation and use of tracking devices.

1.4. Monimoto reserves the right to modify these Terms without prior notice. The latest (current) version of the Terms will always be available and accessible on Website and in the Monimoto mobile application. In the event of major changes to these Terms, Monimoto will notify you through the Monimoto mobile app, email, or text message, ensuring that You are informed and updated about any adjustments.

1.5. Monimoto regularly updates and maintains Monimoto Services to enhance functionality and security. Users will be notified of major updates and scheduled maintenance in advance.

1.6. Monimoto have the right to prohibit You from accessing and using Monimoto Services or any of its features if Monimoto have reason to believe that You do not comply with the requirements set out in Clause 1.3 above or if Monimoto have a reason to believe that You are in breach of any other provision of these Terms.

1.7. Occasionally, there may be errors or missing details on Website or within Monimoto Services, including but not limited to product descriptions, prices, promotions, shipping fees, delivery times, and availability. Monimoto reserves the right to correct any errors, inaccuracies, or omissions at any time.

1.8. Additionally, Monimoto may modify or cancel orders affected by such incorrect information, even after an order has been submitted. Monimoto will make reasonable efforts to notify you of significant changes or cancellations related to your order where possible.

2. DESCRIPTION OF SERVICES

2.1. General description

2.1.1. Monimoto Services include physical devices such as the GPS tracking device, key fob, and SIM card, as well as digital services, including but not limited to the mobile application. Together, these components are designed to provide enhanced vehicle security and real-time location tracking.

2.1.2. Monimoto’s physical devices can be purchased on the Website.

2.1.3. The countries where the User can use Monimoto Services are detailed on Website.

2.1.4. Monimoto Services pricing is detailed on the Website. Please note that the price of the physical devices is fixed, while digital services, including support and cellular services, are provided free of charge for the first two months after activation. After this initial period, an annual subscription fee is required to maintain access to cellular services and support, ensuring uninterrupted operation of the physical device and digital services. The price of digital services is not refundable.

2.1.5. Users could choose between the different physical devices offered on the Website:
a) Tracker Monimoto 7

b) Tracker Monimoto 9

c) Cycloop tracker

d) Monimoto key fob

e) Others.

2.1.6. Monimoto reserves the right to modify, update, or discontinue its services to improve functionality, enhance User experience, or adapt to evolving business needs. Users will be notified of significant changes through the Monimoto mobile application, email, or text message, ensuring they remain informed and updated about any adjustments. Whenever possible, Monimoto will notify You in advance of any scheduled maintenance or expected downtime to minimize disruption to your experience.

2.1.7. Monimoto reserves the right to refuse or cancel any order of Monimoto Services that Monimoto find suspicious or if Monimoto suspects fraudulent activity or any violation of Monimoto’s policies. This includes, but is not limited to, instances where Monimoto believes that the order may pose a risk to the integrity of Monimoto Services or the security of Monimoto system.

2.2. Delivery and installation of Monimoto’s physical devices

2.2.1. The selected device is shipped to the delivery address provided by the User when purchasing the physical device on the Website for the first time. Shipping typically takes 3-7 calendar days, unless shipment delays occur due to natural events. You can find more information about shipping here https://monimoto.com/shipping-and-returns/.

2.2.2. After receiving the physical device, You will need to install it in your vehicle. The physical device is compact and specifically designed for self-installation. It can be discreetly placed in your vehicle to ensure it does not interfere with the vehicle’s operation while remaining hidden from unauthorized individuals.

2.2.3. You should inform Monimoto if the physical device is lost, stolen or damaged. Monimoto will replace any physical device free of charge if it is defective, however Monimoto reserves the right to charge You for a replacement where a physical device appears to have been damaged by deliberate misuse or carelessness.

2.3. Activation and start of the Monimoto Services

2.3.1. The physical device is activated using Monimoto mobile application, which can be downloaded from Google Play or the App Store. The setup process involves the following steps:

a) create an account using your email address or phone number through Monimoto mobile application;

b) after creating your account, You will need to select the specific physical device you are using (e.g., GPS tracking device, key fob) within the mobile application and perform further actions as specified in the instructions;

c) to proceed with the activation, You need to have the GPS tracking device and key fob positioned close to your phone;

d) assign a unique name to your GPS tracking device within the mobile application. This helps you identify the device easily if you have multiple devices;

e) input your phone number into the application. The GPS tracking device will use this number to call and send text notifications in case of an alert or emergency; f) specify the type of vehicle you are using the GPS tracking device with (e.g., motorcycle, car, bicycle).

2.3.2. Please note that in certain cases, the Monimoto mobile application may request permission to connect to Bluetooth. Monimoto device uses Bluetooth for initial pairing, settings adjustment, alarm notifications, and inter-device communication.

2.3.3. Upon completing all activation and setup steps, the account is considered active, and the User can begin using Monimoto Services.

2.3.4. Once connected to the app, you will have access to monitor events, geolocation tracking (in the cases where the vehicle has moved without the key fob nearby), alarm requests, battery level, and the “Help” section, along with other features that will always be available.

2.3.5. Please note that the GPS tracking device is an offline tracker, meaning it activates only upon detecting movement. Its operation is based on movement activation. When movement is detected, the device first searches for the key fob nearby. If the key fob is found, the device enters sleep mode. If the key fob is not detected, the device switches to online-alarm mode and sends its location to the application. Additionally, please be aware that if the GPS tracker is near the key fob, no signals or notifications will be sent, and no related events or geolocation data will be recorded or displayed in the application. Please be aware that the GPS tracking device is not designed for continuous real-time tracking.

2.4. Data storage while using Monimoto Services

2.4.1. All GPS location data collected through Monimoto Services is securely stored on Monimoto’s backend servers, which are distributed globally to ensure reliable access and service continuity.

2.4.2. Periodic deletion of older GPS location data is performed to maintain system efficiency and align with data retention standards.

2.4.3. Upon uninstallation of the physical device, deletion of the app, all associated data, including GPS location records, will be permanently deleted from Monimoto’s systems. Please note that subscription information is linked to the SIM card used in the device and is retained on the Monimoto servers until the subscription period ends. If the SIM card is transferred along with the device to another user and paired with a new account, the remaining prepaid subscription period will automatically be transferred to the new user. Once the subscription period expires and the account is fully deactivated, all associated data will be removed from the Monimoto servers without the possibility of recovery.

3. USER OBLIGATIONS AND ACCOUNT SECURITY

3.1. You agree to use Monimoto Services in accordance with these Terms and any reasonable instructions provided by Monimoto from time to time.

3.2. You are responsible for providing true, accurate, and up-to-date information required to use Monimoto Services. You must promptly update any information that changes. Monimoto is not liable for any consequences arising from false, outdated, or misleading information provided by You.

3.3. You agree not to use Monimoto Services and not to permit another person to use your account or Monimoto Services: (i) fraudulently or in connection with a criminal offence; (ii)

for the purpose of making an unsolicited communication or storing and/ or communicating any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, or which is a breach of privacy, an infringement of copyright, or is otherwise unlawful; (iii) To knowingly and deliberately cause annoyance, inconvenience or needless anxiety to another person; (iv) To transmit a virus or other malicious software, use Monimoto Services in a manner that impairs the operation or security of the Network or may cause death, personal injury or damage to property; (v) otherwise than in line with these Terms.

3.4. If Monimoto reasonably suspects non-compliance with these provisions, Monimoto reserves the right to suspend or terminate your access to Monimoto Services immediately and without prior notice. In such cases:

3.4.1. your account will be deactivated, and you will lose access to Monimoto Services; 3.4.2. no refund will be provided for any remaining subscription period or payments made.

3.5. You are responsible for all charges incurred while using Monimoto Services, regardless of whether they were personally incurred by You, except for charges incurred after You have notified Monimoto of the loss or theft of your physical devices or account and such notification has been acknowledged by Monimoto.

3.6. You are solely responsible for safeguarding and securing your use of Monimoto Services, including but not limited to the mobile application account, physical devices, and any associated systems, while they are in your possession.

3.7. You must maintain the confidentiality and security of all PINs, passwords, and any other security credentials used with Monimoto Services. Sharing these credentials with others is prohibited. Additionally, You are responsible for ensuring the security of your equipment, keeping it free from vulnerabilities such as viruses, malware, or unauthorized access, and preventing any unauthorized use of Monimoto Services.

3.8. If you suspect or become aware of unauthorized access to your account, physical devices, or any element of Monimoto Services:

3.8.1. immediately change your PIN, password, or other security identifiers; 3.8.2. notify Monimoto’s customer support team promptly to take further action; 3.8.3. monitor your account and Monimoto Services for suspicious activities.

3.9. To enhance security, it is recommended that You periodically update your password(s), PIN, and other security identifiers associated with Monimoto Services.

3.10. While Monimoto implements measures to protect your data and Monimoto Services, Monimoto cannot guarantee the security of your account, equipment, network, or systems used to access Monimoto Services. Additionally, Monimoto is not liable for the security of any data transmissions initiated by You or the consequences of any breaches caused by factors beyond our control.

3.11. Any data You transmit while using Monimoto Services is your responsibility. Monimoto does not guarantee the security of transmissions, particularly when using insecure networks or

equipment. You acknowledge that the transmission of data over the internet or mobile networks involves inherent security risks.

3.12. Monimoto may implement additional security measures as needed, such as temporary account suspensions or additional verification steps, if suspicious activity is detected. You are required to cooperate with any such measures to maintain the integrity of your account and Monimoto Services.

4. THIRD-PARTY CONTENT

4.1. Monimoto Services may include links, applications, advertisements, promotions, or other content provided by third parties (hereinafter – “Third-Party Content“).

4.2. Monimoto does not endorse, control, or assume responsibility for Third-Party Content and make no representations or warranties regarding its accuracy, completeness, or reliability. Any interaction You have with Third-Party Content is solely between You and the respective third party. Monimoto shall not be liable for any damage, losses, or issues arising from such interactions or your reliance on Third-Party Content.

5. INTELLECTUAL PROPERTY

5.1. In the context of these Terms, the term “intellectual property rights” encompasses an array of legally recognized rights, including, but not limited to, trademarks, copyrights, domain names, database rights, design rights, patents, and all other forms of intellectual property rights, whether they are registered or unregistered, collectively referred to hereinafter as “Intellectual Property”.

5.2. Unless explicitly stated otherwise and except for third-party content and trademarks, all copyrights and Intellectual Property contained within Monimoto Services, including its source code, databases, functionality, software, designs, text, photographs, and graphics, are owned or controlled by Monimoto and are protected by copyright and trademark laws. Any reproduction or use of Monimoto Services without prior written approval from Monimoto is strictly prohibited.

5.3. It is strictly prohibited to upload, transmit, or distribute any content that violates or misappropriates the Intellectual Property of third parties.

5.4. You agree to indemnify, defend, and hold Monimoto harmless from any claims, losses, damages, liabilities, costs, or expenses arising out of or related to any infringement of Intellectual Property resulting from Your use of Monimoto Services or uploaded through Monimoto Services.

5.5. Monimoto reserves the right to modify, suspend, or discontinue any aspect of Monimoto Services, including the availability of any features or content, without prior notice. Monimoto shall not be liable to You or any third party for any such modifications, suspensions, or discontinuations.

6. PERSONAL DATA PROTECTION

6.1. Protecting your data is a top priority for Monimoto. Monimoto adheres to current best practices and implements robust security measures to safeguard your information. Please carefully review and read Monimoto Privacy Policy for details regarding the collection, use, storage and disclosure of your personal information.

6.2. Monimoto Privacy Policy hereby integrated by reference into, and constitutes a part of, these Terms.

7. WARRANTY

7.1. Monimoto’s physical devices, including GPS tracking devices, are covered by a limited warranty for a period of two (2) years from the date of purchase. This warranty applies exclusively to defects in materials or workmanship under normal use and maintenance. This means that the warranty does not cover:

7.1.1. damage resulting from misuse, abuse, neglect, accidents, unauthorized repairs or modifications, or any use not in accordance with the User manual;

7.1.2. normal wear and tear, including but not limited to cosmetic damage such as scratches and dents;

7.1.3. issues arising from external causes such as loss of GPS signal, network disruptions, cellular network coverage limitations, or other external factors beyond Monimoto control;

7.2. This warranty is provided solely to the original purchaser of the device and is non-transferable. Warranty claims made by anyone other than the original purchaser will not be honored.

7.3. To make a warranty claim, You must contact Monimoto customer support within the warranty period and provide proof of purchase (e.g., receipt or invoice). Monimoto will, at its discretion:

7.3.1. repair the defective physical device;

7.3.2. replace the defective physical device with a new or refurbished physical device, or 7.3.3. refund the purchase price.

7.4. Shipping and handling charges for returning the physical device are the responsibility of the User unless otherwise agreed upon by Monimoto.

7.5. Except for the limited warranty expressly provided herein, Monimoto Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied. This includes, but is not limited to:

7.5.1. implied warranties of merchantability;

7.5.2. fitness for a particular purpose;

7.5.3. non-infringement, or

7.5.4. any assurance that the products and services will be uninterrupted or error-free.

7.6. Monimoto makes no guarantees regarding the performance, reliability, or suitability of Monimoto Services beyond the scope of the limited warranty.

8. LIMITATION OF LIABILITY

8.1. To the maximum extent permitted by law, Monimoto is not liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to:

8.1.1. loss of profits, revenue, or data;

8.1.2. loss of use of Monimoto Services;

8.1.3. any damages arising from the use or inability to use Monimoto Services, even if advised of the possibility of such damages.

8.2. Monimoto’s total liability, whether in contract, tort (including negligence), or otherwise, is limited to the amount paid by you for Monimoto Services during the 12 months prior to the event giving rise to the claim.

8.3. Monimoto may use third-party services, such as payment processors, shipping companies, or external APIs, to provide Monimoto Services. While we strive to select reputable third parties, we are not responsible for the actions, omissions, or failures of these third parties. Any disputes related to third-party services should be directed to the third-party service provider. Monimoto is not liable for damages or losses caused by third parties, including but not limited to:

8.3.1. service interruptions due to network providers or GPS signal loss;

8.3.2. unauthorized access or hacking of your account or device;

8.3.3. interactions with Third-Party Content.

8.4. Monimoto shall not be held liable for any failure or delay in the performance of Monimoto Services caused by events beyond its reasonable control. These events include, but are not limited to, natural disasters, acts of God, labor strikes, pandemics, governmental actions or regulations, power outages, network disruptions, or any other external factors that prevent or hinder the delivery of Monimoto Services. In such cases, Monimoto will make reasonable efforts to mitigate the impact and resume Monimoto Services as soon as possible.

8.5. You acknowledge that you are solely responsible for:

8.5.1. ensuring the security of your account and Monimoto Services;

8.5.2. proper installation and use of the Product in accordance with the provided instructions;

8.5.3. any damages or losses arising from misuse, negligence, or failure to follow the Terms.

8.6. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, Monimoto’s liability will be limited to the fullest extent permitted by applicable law.

9. INDEMNIFICATION

9.1. You agree to indemnify, defend, and hold harmless Monimoto, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

9.1.1. Your violation of these Terms or any applicable laws or regulations.

9.1.2. Your unauthorized or improper use of Monimoto Services.

9.1.3. Any claims made by a third party due to your actions, including but not limited to: (i) misuse of Monimoto Services; (ii) infringement of third-party rights, such as intellectual property, privacy, or other rights; (iii) harm caused to others through your use of Monimoto Services.

9.1.4. Any damages or liabilities resulting from unauthorized access to your account or devices due to your failure to safeguard credentials or comply with security guidelines.

9.2. Monimoto reserves the right to assume exclusive control of the defense of any matter for which you are required to indemnify us. You agree to cooperate fully with Monimoto in asserting any available defenses.

10. GOVERNING LAW AND DISPUTES

10.1. These Terms and the relationship between You and Monimoto shall be governed by and interpreted under the laws of the Republic of Lithuania.

10.2. In the event of a dispute, Monimoto is committed to resolving the issue in a fair, transparent, and efficient manner.

10.3. If you have complaints related to Monimoto Services, including fees, refunds, service quality, or any other issue, please contact Monimoto first at [email protected]. By agreeing to these Terms, You commit to not seek refunds through your bank or credit card operator before contacting Monimoto and giving Monimoto the opportunity to address your concerns.

10.4. If Monimoto cannot resolve a dispute informally, both parties agree that any claims or disputes related to these Terms will be governed by the laws of the Republic of Lithuania and resolved exclusively by arbitration in the Vilnius Court of Commercial Arbitration in accordance with its Rules of Arbitration. However, Monimoto reserves the right to bring proceedings against You in your country of residence or another relevant jurisdiction for any breach of these Terms.

10.5. If a resolution cannot be reached or if You have additional complaints, You may: a) Submit a complaint to the State Consumer Rights Protection Authority (SCRPA) of Lithuania (Vilniaus g. 25, 01402 Vilnius, Lithuania; [email protected]; phone: 8 5 262 67 51; website: www.vvtat.lt).

b) Submit a complaint to the Federal Trade Commission (FTC) of the United States (600 Pennsylvania Ave., NW, Washington, DC 20580; Consumer Response Center: 1-877-FTC-HELP (382-4357); website: www.ReportFraud.ftc.gov).

c) File a complaint on the EU’s Online Dispute Resolution platform at http://ec.europa.eu/odr.

d) Initiate proceedings in the Republic of Lithuania based on the Company’s location. 9

e) Submit a complaint to your local consumer protection authority or local court if the consumer protection laws in your place of residence allow it.

10.6. If You are a U.S. citizen, You agree that any dispute, controversy, or claim arising out of or relating to these Terms, or your use of Monimoto Services, shall be resolved on an individual basis. By entering into these Terms, You waive any right to participate in any class action, collective action, or representative proceeding. To the fullest extent permitted under applicable law, all claims and disputes must be brought solely in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

10.7. Monimoto aims to address all disputes promptly and transparently, ensuring both parties have a clear understanding of the issue and the steps taken to resolve it.

10.8. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court or arbitral tribunal, the remaining provisions of these Terms shall remain in full force and effect. Any provision of these Terms that is deemed illegal, invalid, or unenforceable only in part, or to a certain extent, shall remain in full force and effect to the extent that it is not deemed illegal, invalid, or unenforceable. You and Monimoto will make every effort to ensure the implementation of all provisions herein.

11. MISCELLANEOUS

11.1. These Terms are governed by the laws of the Republic of Lithuania.

11.2. All policies available on the Website and other Monimoto Services, including but not limited to the Privacy Policy, Shipping Policy, and Refund Policy, are an integral part of these Terms.

11.3. For any questions about these Terms, please contact Monimoto at [email protected].

11.4. Monimoto reserves the right to transfer or assign any of its rights or obligations under these Terms, in whole or in part, to any third party, including in the event of a merger, acquisition, or sale of assets. You may not assign or transfer your rights or obligations under these Terms without prior written consent from Monimoto.

11.5. CONTACT INFORMATION

UAB Monimoto

Legal entity code: 304419415

Address: Saulėtekio al. 15-1, Vilnius, Lithuania

E-mail address: [email protected].