MUVON LLC
CUSTOMER TERMS OF SERVICE

Last Modified: February 29, 2024

These Customer Terms of Service (these "Customer Terms”) are between you (“you”, “Customer” (with respect to a business, organization or other legal entity), or “Authorized User”) and Muvon, LLC. (or its successors or assigns) (“Muvon, LLC”, “we”, “our”, or “us”) and describe your rights and responsibilities when using the mobile and/or web-based software platform and related technology services (the “Services) offered by us. These Customer Terms and any Order Form(s) (defined in Section 2.3 (Subscriptions) below) form the “Agreement” between you and us with respect to the Services.

Please read these terms carefully to ensure you understand each provision. These Customer Terms contain a jury trial waiver provision and a mandatory arbitration provision.

Please make sure you have the necessary authority to enter into the Agreement on behalf of Customer before proceeding. The Services are not intended for and should not be used by anyone under the age of 18.

Customer Content
‍Authorized Users may submit content or information to the Services, which includes Personal Information (as defined in Section 2.5 (Privacy Policy and Protection of Personal Information) below) and User Content (as defined in Section 3.2(c) (License to User Content) below) (collectively, “Customer Content”), and Customer will have the sole right and responsibility for managing your use of it. Customer will (a) inform Authorized Users of all Customer policies and practices that are relevant to their use of the Services and of any settings that may impact the processing of Customer Content; and (b) obtain all rights, permissions and/or consents from Authorized Users and other Customer personnel that are necessary to grant the rights and licenses in the Agreement and for the lawful use and transmission of Customer Content and the operation of the Services.

Feedback
‍Customer and its Authorized Users may choose to, or we may invite them to, submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, Customer agrees that its disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any compensation, whether to Customer, the Authorized User, or anyone else, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. Customer further acknowledges that, by acceptance of the submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our personnel, or obtained from sources other than Customer or its Authorized Users.

Privacy Policy and Protection of Personal Information
We will process any information relating to identified or identifiable natural persons, which is included in the Customer Content (“Personal Information”) in accordance with the terms of the Privacy Policy. We will not process Personal Information for other purposes without your prior written instruction. You acknowledge and agree that processing based on the provisions in the Agreement and in the product documentation for the Services (the “Documentation”) qualify as Customer’s instruction. Generally, Personal Information means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, and/or “personal information,” “personally identifiable information,” or such other similar term under applicable privacy or data protection laws that apply to such person.

The protection of Personal Information is important to us. Accordingly, we will maintain reasonable administrative, physical, and technical safeguards designed to protect Personal Information. In the event we have a reasonable, good faith belief that an unauthorized party has accessed Personal Information, we will promptly notify Customer and will use reasonable efforts to cooperate with Customer’s investigation of the incident. If such incident triggers any third-party notice requirements, Customer (not us) shall be solely responsible for the timing, content, cost and method of any such notice in compliance with applicable laws. Customer (not us) bears sole responsibility for adequate security, protection and backup of Personal Information when in Customer’s or its representatives’ or agents’ possession or control. We are not responsible, and Customer is fully responsible, for what Customer’s Authorized Users do with Personal Information.

We are custodians of Personal Information. During the Subscription Period, Customer will be permitted to export or share certain Personal Information from the Services; provided, however, that Customer acknowledges and agrees that the ability to export or share Personal Information may be limited or unavailable depending on the type of Services plan in effect and the data retention settings enabled.

Location Data
‍To provide the Services, we may collect location data from you and your Authorized Users, including specific information such as your or your Authorized Users’ IP addresses, and latitude/longitude coordinates (including but not limited to GPS/GNSS). Customer acknowledges and agrees that we may use and retain this data to provide and improve our products and services.

‍Notifications and Communications
‍We will communicate with you via fax, phone call, text (SMS) message, email or push notifications in order that we may provide the Services, service your Account, reasonably address matters pertaining to your Account or for other purposes reasonably related to the Services and our business, including but not limited to notifying you about upcoming loads and sending you marketing-related messages.

‍Calls and SMS text messages.  By creating an Account or using the Services you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages and phone calls at any of your landline or mobile phone number you provided, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services, including but not limited to operational communications concerning your Account or use of the Services, information  concerning new and existing loads and features on the Services, and other Services-related notifications and communications.  With your consent, we may also send you promotional calls or text messages containing news and special offers, discounts or other promotional or commercial content (“Promotional Calls”).  By consenting to being contacted by us, you understand and expressly authorize us to send you these communications, including live calls from an operator, or pre-recorded or auto-generated voice messages, or SMS text messages, and that we may use automated telephone dialing systems to deliver these messages sent by or on behalf of us, our affiliates, subsidiaries and/or our staff, employees, contractors and agents. Standard rates and charges for all calls or texts, as applied by your cell phone carrier, will apply to text messages and calls.

Contacting Us
Please also feel free to contact us if you have any questions about the Customer Terms or any other part of the Agreement. You may contact us at info@muvonusa.com.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.