Thank you for registering for our connected service (“Thinkware Connected Service”). When you register our DashCam/BlackBox device (“Device”), you will be able to use Thinkware Connected Service to receive information on the condition of the vehicle in which you have installed the Device, including whether the vehicle has been involved in an accident. These “Thinkware Connected Service Terms” apply to your use of Thinkware Connected Service. The Thinkware Connected Service is provided by Thinkware Corporation (“Thinkware”), located at 9th Floor, Samwhan Hipex A, 240, Pangyoyeok-ro, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea.
By using our Thinkware Connected Service, you agree to the terms below (“Terms”). Please read through them carefully. “We” and Thinkware, and “You” and Thinkware Connected User are used interchangeably.
These Thinkware Connected Service Terms are updated from time to time. Apps downloaded from the AppStore usually contain the most recent version of this Thinkware Connected Service Terms. You may read the most recent version of these Terms through Thinkware App. These Terms are last updated as of April 1, 2022.
1.1 Device means the dashcam/blackbox manufactured and sold by Thinkware. The list may be updated by Thinkware from time to time.
1.2 Driver means the driver of the Vehicle in which the Device is installed and whose Location Information, Event Information and Parking Information is transmitted to the Thinkware Connected Server.
1.3 Event Information means the information on if a Vehicle is involved in an accident or any other event such as LDWS, FCWS, uFCWS, and FVDW. The Event Information also includes the Event Video and SOS Video.
√ FCWS, uFCWS (High Speed/Urban Forward Collision Warning System) warns the Driver of impeding collision with a vehicle or object directly in front of the Vehicle. |
1.4 Event Video means the video recording functionality of the Device, which records video images for 20 seconds surrounding an accident or any other event as calculated based on the G-fence shock value and the battery voltage (10 seconds before, and 10 seconds after such event).
1.5 Live View means the video and image recording of incidents that occur at the rear and in front of the Vehicle in real-time. It also includes the current location of the Vehicle.
1.6 Location Information means the information on the current and past locations of the Vehicle, including specific location, speed, driving time and direction of travel captured by GPS tracking chip and antenna. The Location Information also includes the Live View.
1.7 Parking Information means the information about the Vehicle in parking mode, including parking location, parking duration, and a captured image that occurs in front of the Vehicle at the time of parking.
1.8 Personal Information means information, whether true or not, about an individual who can be identified either (a) from that data; or (b) from that data and other information to which Thinkware has or is likely to have access.
1.9 Service(s) means the services provided by Thinkware using the Device, Thinkware App and/or Thinkware Connected Service.
1.10 SOS Video means the video recording functionality of the Device, which records video images for 10 seconds after an SOS event (5 seconds before, and 5 seconds after such event).
1.11 Thinkware App means the app for smart phones provided by Thinkware and used by Thinkware Connected User to receive the Vehicle Information, and to access, modify and/or delete the Location Information, Event Information and Parking Information.
1.12 Thinkware Connected Service means the service of giving the Vehicle Information to the user of Thinkware App, and through which the user of Thinkware App may access, modify and/or delete the Location Information, Event Information and Parking Information.
1.13 Thinkware Connected Server means the server maintained by Thinkware for the purpose of receiving and storing the Location Information, Event Information and Parking Information transmitted from the Device, and transmitting the Vehicle Information to the Thinkware App.
1.14 Thinkware Connected User means the person who purchased the Device, installed it in a Vehicle, and registered as a user of Thinkware Connected Service for the purpose of receiving the Vehicle Information, and accessing, modifying and/or deleting the Location Information, Event Information and Parking Information, through Thinkware App.
1.15 Thinkware Driver Service means the service of transmitting the Location Information, Event Information and Parking Information to Thinkware Connected Server, which will give the Information to Thinkware Connected User.
1.16 Thinkware Driver User means the person who, through the Device, transmits the Location Information, Event Information and Parking Information to Thinkware Connected Server for the purpose of giving the Information to Thinkware Connected User.
1.17 Thinkware Privacy Policy means the privacy policy of Thinkware applicable to Thinkware Connected Service, which may be updated from time to time in accordance with such Thinkware Privacy Policy and accessible at [“Thinkware Privacy Policy”].
1.18 Transmitting Device means the cell phone through which the Device transmits the Location Information, Event Information and Parking Information to Thinkware Connected Server, using tethering, hotspot and/or Wi-Fi connection.
1.19 Vehicle means a vehicle in which the Device is installed and which transmits the Location Information, Event Information and Parking Information to Thinkware Connected Server.
1.20 Vehicle Information means information that is transmitted by the Thinkware Connected Server, including the Location Information, Event Information and Parking Information.
2.1 After installing the Device in a Vehicle and installing Thinkware App on your cell phone, you as Thinkware Connected User may receive the Vehicle Information using the Thinkware App.
2.2 After installing the Device in a Vehicle and installing the Thinkware App on your cell phone, you as Thinkware Connected User may access, modify and/or delete the Location Information, Event Information and Parking Information stored in Thinkware Connected Server using Thinkware App. Unless you as the Thinkware Connected User delete them, the Location Information, Event Information and Parking Information will be stored for ninety (90) days in Thinkware Connected Server. However, Event Video, SOS Video and captured images that occur in front of the Vehicle at the time of parking will be stored for thirty (30) days in Thinkware Connected Server.
2.3 Thinkware App and Thinkware Connected Service is provided independently of the Device, and free of charge. It is an additional service you may use as an option to use features described in these Terms. You will not have to use it to use the Device. You will have to register your Device with our Thinkware Connected Service to use it.
3.1 Unless Thinkware is prevented by any inherent or external events or circumstances which obstruct the provision of the Service (which includes any delay or technological issues), the Service will be available for 24 hours a day, all year round, provided that Thinkware may suspend the Service on such a day or for such hours as designated by Thinkware due to regular system checks, extension or updates of or changes to the system, with the scheduled system suspension notified in advance through the Thinkware App.
3.2 Upon the occurrence of unforeseeable circumstances, including but not limited to urgent system checks, extension or change of the system, malfunction of the facility, overload of service utilization, national emergencies and blackouts, Thinkware may suspend all or part of the Service, without prior notification.
3.3 Thinkware may, if it deems necessary for the operation of the Service including but not limited to service restructuring, suspend provision of all or part of the Service after giving prior notification to the Thinkware Connected User and/or Thinkware Driver User.
3.4 Thinkware does not warrant, guarantee or represent that the use of the Thinkware App or the system relating to Thinkware Connected Service, is protected from any viruses, worms, Trojan horses or other vulnerables. The Thinkware Connected User’s access and use of the App or the system connected thereto are at his/her own risks. Accordingly, Thinkware Connected User agrees to hold Thinkware harmless from any disruption to his/her activities and waives all rights to claim any loss or damages whether direct or indirect and including all consequential losses, from Thinkware.
As a Thinkware Connected User, you may receive the Vehicle Information, and access, modify and/or delete the Location Information, Event Information and Parking Information, which may contain Personal Information of a third party. Therefore, you agree, represent and warrant that:
4.1 You will use Thinkware App solely for the purpose of being notified of the Vehicle Information.
4.2 You will use Thinkware App solely for the purpose of managing the Location Information, Event Information and Parking Information.
4.3 You will not use Thinkware App for any other reason.
4.4 You are a family or friend of the Driver, or a person having a personal relationship with the Driver with a personal, non-business reason to receive the Vehicle Information, and access the Location Information, Event Information and Parking Information.
4.5 The Driver has authorized you to receive the Vehicle Information, and access, modify and/or delete the Location Information, Event Information and Parking Information. As soon as the Driver revokes such authorization, you will stop using Thinkware App and/or Thinkware Connected Service.
4.6 You understand that sharing any information you obtain using Thinkware App with a third party may violate the Privacy of the Driver. Furthermore, you agree you will not share any information you obtain using Thinkware App with any third party in violation of the Privacy of the Driver.
4.7 You are not an employer of the Driver. Furthermore, you have not entered into a collective bargaining agreement with the Driver directly or indirectly.
4.8 You understand that the Vehicle Information you may receive or access using Thinkware App may differ from the actual condition in which the Vehicle is situated, so you should exercise your independent judgment and use Thinkware App and Thinkware Connected Service at your own risk. For example, if a serious accident occurs and the Device is destroyed, or the electricity is disconnected, you may not receive the Event Video. And, because the Device is designed to transmit data to Thinkware Connected Server every 10 seconds, the Event Video you receive may be delayed by 10 seconds even when it functions normally. Please do not rely on the Vehicle Information and believe that the absence of information means lack of the triggering events. You are responsible at all times for your conduct and its consequences.
5.1 All information in Thinkware Connected Server will be stored and maintained in accordance with our Thinkware Privacy Policy. Please read Thinkware Privacy Policy carefully and regularly, as it may change from time to time. You may read the most recent version of the Privacy Policy at our website: ["Thinkware Privacy Policy"].
5.2 Thinkware believes that the person who provides the Location Information, Event Information, Parking Information, other information and data that are potentially Personal Information shall own and control such information and data to the extent possible at law. Thinkware Connected Service provides the Location Information, Event Information and Parking Information to the person which registers the Device with our Thinkware Connected Service, but we provide such information with the assumption that the person who installs the Device on a Vehicle and receives such information must be the person who is the registered user of our Thinkware Connected Service, and is the person who has a personal relationship with the Driver and has obtained clear authorization from the Driver to install the Device on the Vehicle. If such assumption is not true in your case, please immediately stop using Thinkware App and Thinkware Connected Service. If unsure, please contact us immediately. Thinkware takes the privacy of the Driver seriously.
5.3 Thinkware may store the Location Information, Event Information, Parking Information, other information and data that are potentially Personal Information in the country in which the Driver resides. Thinkware may optionally choose to store such information in the country other than where the Driver resides, if permitted by laws, treaties or self-regulatory frameworks.
5.4 Notwithstanding any provision to the contrary, Thinkware may provide the Location Information, Event Information, Parking Information, other information and data that are potentially Personal Information if required by law or a law enforcement agency.
5.5 If you want to voluntarily disclose the Location Information, Event Information, Parking Information, other information and data that are potentially Personal Information to a third party, please contact us.
6.1 Thinkware is constantly changing and improving the Device, Thinkware App and Thinkware Connected Service. Thinkware may add or remove functionalities or features, and Thinkware may suspend or stop a Service altogether.
6.2 You can stop using the Device, Thinkware App or Thinkware Connected Service at any time. Thinkware may also stop providing Services to you, or add or create new limits to our Services at any time.
6.3 Thinkware believes that the person who provides data owns such data and preserving such person’s access to such data is important. If Thinkware discontinues a Service, where reasonably possible, Thinkware will give you reasonable advance notice and a chance to get data and information out of Thinkware Connected Server.
7.1 Thinkware provides our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that Thinkware does not promise about our Services.
7.2 OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER THINKWARE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE DATA WITHIN THINKWARE CONNECTED SERVICE, THE SPECIFIC FUNCTIONS OF THINKWARE CONNECTED SERVICE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. THINKWARE PROVIDES THE SERVICES “AS IS”.
7.3 SOME COUNTRIES/JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, THINKWARE EXCLUDES ALL WARRANTIES.
8.1 THINKWARE AND THINKWARE’S SUPPLIERS AND DISTRIBUTORS SHALL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
8.2 THE TOTAL LIABILITY OF THINKWARE AND ITS SUPPLIERS AND DISTRIBUTORS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.
8.3 IN ALL CASES, THINKWARE AND ITS SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
8.4 Thinkware shall be obligated to intervene in disputes arising between you and a third party, in connection with Thinkware Connected Service, and shall bear no responsibility of compensation for any damage arising therefrom.
8.5 Thinkware shall not be obligated to inspect, in advance, the information of you before registration, or to verify or examine the contents of you at all times, and shall bear no responsibility for the result thereof.
If you are using a Device, Thinkware App or Thinkware Connected Service on behalf of a business
– which is not intended by Thinkware and prohibited by Section 4 & 5 above – you will hold harmless and indemnify Thinkware and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of a Device, Thinkware App or Thinkware Connected Service or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
If you wish to use a Device, Thinkware App or Thinkware Connected Service on behalf of a business, please contact us. It will have to execute a separate agreement with Thinkware for such use.
10.1 Thinkware Connected Terms of Service are governed by and must be construed in accordance with the laws of of the country in service.
10.2 Thinkware Connected Terms of Service are deemed to have been agreed by you in the country in service.
11.1 When you purchased the Device, it contained the User Guide (“User Guide”) for the Device. The terms below apply in addition to the User Guide for the product.
11.2 If you use Thinkware App and Thinkware Connected Service to receive the Vehicle Information, and to access, modify and/or delete the Location Information, Event Information and Parking Information, in addition to the User Guide for the Device, the Thinkware Connected Terms of Service will apply.
11.3 If you use Thinkware App and Thinkware Connected Service to transmit and store the Location Information, Event Information and Parking Information to Thinkware Connected Server, in addition to the User Guide for the Device, the Thinkware Driver Terms of Service will apply.
11.4 If the Thinkware Connected Terms of Service and/or the Driver Terms of Service apply, Thinkware Privacy Policy will also apply.
12.1 Thinkware may change these Terms from time to time to accommodate changes to the law, the Device and/or Thinkware Connected Service. We may notify you of these changes. Please read these Thinkware Connected Service Terms from time to time as they changed on a regular basis. Changes will not apply retroactively and will become effective on the effective date set forth by the changed terms, which shall not be shorter than ten (10) days after they are posted, provided changes that are made due to changes of law or such other legal reasons shall be effective immediately. If you do not agree to the changed Thinkware Connected Service Terms, you should stop using the Thinkware Connected Service.
12.2 Any conflict between these Thinkware Connected Service Terms and any other applicable terms (such as our privacy policy) shall be resolved in favor of such other applicable terms.
12.3 These terms apply to the relationship between Thinkware and you. They do not create any third party beneficiary rights.
12.4 If you breach these Thinkware Connected Service Terms but we do not take action immediately, that does not mean that we are giving up any rights that we may have (for example, taking action in the future).
12.5 If a particular term turns out to be unenforceable, it will not affect any other terms.