Terms and Conditions

Otto Connect, Inc.

Terms & Conditions for SurfCAST, ParkingCAST, CommunityCAST, and SportsCAST

Last modified 14 November 2020

These Terms of Use (!Agreement”) sets forth a legally binding agreement between you and Otto Connect, Inc. (!Otto”). This web site and/or mobile application, including any software (including, without limitation, software, code, files, images, contained in or generated by the software, accompanying data, Boot ROM code and other embedded software), documentation and any accompanying fonts (collectively, the !Application”) is provided pursuant to this Agreement. By accessing this Application in any way, including, without limitation, browsing this Application, using any information, and/or submitting information to Otto, you agree to and are bound by the terms, conditions, policies and notices contained in this Agreement, including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of North Carolina law. Please read this Agreement carefully before using this Application.

From time to time we may update this Application and this Agreement. Your use of this Application after we post any changes to this Agreement constitutes your agreement to those changes. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version. Otto may, in its sole discretion, and at any time, discontinue this Application or any part thereof, with or without notice, or may prevent your use of this Application with or without notice to you. You agree that you do not have any rights in this Application and Otto will have no liability to you if this Application is discontinued or your ability to access the Application is terminated. You further agree that Otto will not be liable for any modification or suspension of the Application.

Please read this Agreement carefully before using the Application. If you do not agree to the terms contained in this Agreement, then you may not use the Application. Your use of the Application constitutes your acknowledgement that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, this Agreement. You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations and/or rules with regard to your use of the Application. You represent that you have the legal authority to bind yourself or any party you represent to this Agreement. YOU MAY NOT USE THE APPLICATION FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE APPLICATION MAY BE TERMINATED IMMEDIATELY IN OTTO"S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON. On certain areas of this Application, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices. You may not use the Service if you are under the age of 13. If you are under the age of 18, you represent and warrant that your legal guardian has reviewed and agreed (on your behalf) to this Agreement.

Grant of License

The Application is licensed to you by Otto subject to the terms of this Agreement. Neither title nor any intellectual property rights are transferred to you, but rather remain with Otto or its licensors, who own full and complete title, and Otto and respective licensors reserve all rights not expressly granted to you. The rights granted herein are non-transferable and are limited to Otto"s intellectual property rights in the Application and do not include any other patents or intellectual property rights. This Agreement does not grant you any rights to use Otto proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Application. Any use of the Application in any manner not allowed under this Agreement is prohibited. This Agreement does not entitle you to receive and does not obligate Otto to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Application. Your rights under this Agreement will terminate automatically without notice from Otto if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device and account.

Otto Content

Otto provides this Application to you, subject to this Agreement. This Application, and any services performed, provided or enabled by or through this Application and all the information, communications, scripting, photos, text, video, graphics, music, sounds, images, trademarks, logos, product and program names, and other materials and complications of the foregoing, that may be provided to you via this Application (collectively !Content”) by Otto or its content providers, are the property of Otto and its content providers, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws, and are intended for the lawful use by registered users (as applicable) of this Application. You represent and warrant that you will use the Application and Content only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with this Agreement, and that you will promptly notify Otto if any of your information changes. Otto makes no representation that the Application or Content are appropriate or available for use in particular locations.

You agree not to download, display or use any Content in any other manner that is likely to cause confusion among consumers, that disparages or discredits Otto and/or its licensors, that dilutes the strength of Otto or its licensors’ property, or that otherwise infringes Otto or its licensors’ intellectual property rights.

Accounts, Security, Passwords

Certain areas of the Application require registration or may otherwise ask you to provide information to participate in certain features or access certain content and functions. If you elect not to provide such information, you may not be able to access certain content or participate in certain features and functions of the Application.

Where the Application requires you to open an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, including, without limitation, your name, address, license plate number (for the parking services), make/model/color of your vehicle, mobile telephone number, business details (if relevant), email address and method of payment details. After you have fully completed the registration form, you may be asked to choose a password and a username. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Otto immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, PIN, or other information which provides you access to the Application. Otto is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

You agree that Otto may collect and use technical and usage data and related information in compliance with our Privacy Policy. You grant Otto the permission to use this information to improve its products or to provide services or technologies to you.

Use of Services

You may activate the services (!Services”) using the CAST mobile applications (SurfCAST, ParkingCAST, CommunityCAST, and/or SportsCAST). If you do not use the Application account for 2 years, Otto may close your account.

- For Parking: You are responsible for correctly entering the relevant parking zone number, which is indicated on the sign in the parking area where your vehicle is parked. The parking zone number may be used by us to determine the rate to charge you for your parking and of any time restrictions on the amount of time you are permitted to park your vehicle in that zone. You are responsible for checking and verifying the parking zone or area on which you are parked for any permanent or temporary parking restrictions posted. Note that use of the Services does not guarantee you a parking space and you may only activate the Services after you have found an available space in a specified, authorized zone.

All notices and signs or directions made by relevant government authorities, traffic attendants or authorized persons (e.g., the suspension of a parking space) shall take precedence over any information that you receive from Otto if for any reason the information is inconsistent. All applicable parking regulations apply to you and your use of the Services does not exempt you from following such rules. Parking rates may be subject to change and it is your responsibility to ensure that you are paying at the then current parking rate. You agree to pay all fees for Services provided to you pursuant to this Agreement. Otto shall process the parking fee from your pre-determined payment method(s) at the time of your parking transaction. You must have a valid method of payment registered or suspension of Services may occur.

You know that Otto has validly accepted your parking transaction when you have received confirmation. You are responsible for ensuring that you have properly activated the Services for the relevant parking zone before you leave your vehicle unattended. You are responsible for any fine, ticket, or penalty charge issued between the time of parking the vehicle and the notification via mobile app that the vehicle is validly parked.

In the event that the Application is unavailable, you are not excused from paying for parking for time spent in the associated parking zone.

Otto is not responsible for any fines, parking tickets, penalty notices and the enforcement of vehicle parking related offenses you incur or receive regardless of whether or not you receive any notification via the Application that the vehicle is validly parked. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding the issuance of fines, parking tickets, penalty notices or your vehicle being impounded. If you authorize Otto to contact the relevant authorities on your behalf regarding the issuance of fines, parking tickets or penalty notices, you acknowledge and agree that in such cases, Otto may provide all or a portion of your information collected by Otto to the relevant authorities. In addition, in the event that you fail to pay any amounts owing for the Services (whether due to a declined credit card or other circumstances), then Otto, upon the reasonable request of the relevant authorities, may provide all or a portion of your information collected by Otto to such authorities, which you acknowledge and agree that they may use solely for purposes of collecting or attempting to collect any unpaid amounts owed by you. Otto may perform collection services either directly or through a third-party collection agency.

For all other Services

You are responsible for correctly registering for your selected services and paying appropriate fees as specified in the Application.

Use of the Application

The following requirements apply to your use of the Application:

• You will not use any electronic communication feature of the Application for any purpose that is unlawful, tortious, abusive, intrusive on another"s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.

• You will not use the Application for any commercial purpose not expressly approved by Otto in writing.

• You will not upload or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

• You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time.

• You will not make the Application available over a network where it could be used on multiple devices at the same time.

• You will not remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof.

• You will not collect or store personal data about other users.

Except as and only to the extent permitted by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application or any part thereof. Any attempt to do so is a violation of the rights of Otto and its licensors of the Application. If you breach this restriction, you may be subject to prosecution and damages. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder.

Intellectual Property Ownership

There are a number of trademarks, logos, service marks, slogans, product names and designations and other proprietary indicia (collectively !Trademarks”) used in the Application and in the Content. By making these Trademarks available through the Application and in the Content, Otto is not granting you a license to use them in any fashion, and you are not granted any license under any of Otto"s or any third party"s Trademarks or other intellectual property rights, except as specifically set forth in this Agreement. No Otto Trademarks may be used as a username, icon, identifier, hyperlink or in any other manner without Otto"s prior written permission.

The Application, Content, and the selection, coordination, and arrangement thereof, is owned either by Otto, or its respective licensors. The unauthorized copying, displaying, selling, distributing or other use of any Content or Application is a violation of the law. You acknowledge having been advised by Otto that the Content and Application is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other intellectual property and proprietary rights laws.

Representations, Disclaimer of Warranties, and Limitations of Liability

Otto and its parents, subsidiaries, officers, employees, and contractors and each of their officers, employees and agents (collectively, !Otto Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Application. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Otto or the Otto Affiliates.

The Internet may be subject to breaches of security. Otto and the Otto Affiliates are not responsible for any resulting damage to any user"s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before emailing Otto or the Otto Affiliates any information or posting information to the Application. Otto and the Otto Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Application. This Application may be temporarily unavailable due to maintenance or malfunction of computer equipment.

THE APPLICATION (INCLUDING ALL APPLICATION UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN !AS IS,” “AS AVAILABLE” AND !WITH ALL FAULTS” BASIS. OTTO AND THE OTTO AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH RESPECT TO THE APPLICATION AND THE CONTENT. OTTO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH THE APPLICATION (INCLUDING ANY APPLICATION UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION, (INCLUDING ANY APPLICATION UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION (INCLUDING ANY APPLICATION UPDATES) WILL BE CORRECTED. No oral or written information or advice given by Otto or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Application prove defective, you assume the entire cost of all necessary servicing, repair or correction. We will not be responsible for any delay or failure to perform resulting from causes outside our reasonable control, including, without limitation, any such delay or failure due to unforeseen circumstances such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, epidemics, or shortages of fuel, energy, labor or materials.

YOU AGREE THAT OTTO AND THE OTTO AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION, EVEN IF OTTO OR THE OTTO AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR LIABILITY TO YOU FOR CLAIMS OF ANY KIND ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), EXCEED FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

BY ACCESSING THIS APPLICATION, REGISTERING WITH THE APPLICATION AND/OR ACCEPTING ANY INFORMATION FROM THIS APPLICATION YOU AGREE TO INDEMNIFY, DEFEND AND HOLD OTTO AND THE OTTO AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS "FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) ANY MISREPRESENTATION MADE BY YOU; (D) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR USERNAME/PASSWORD/PIN; (E) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD; (F) YOUR USE OF THE APPLICATION; (G) ANY USER CONTENT PUBLISHED BY YOU OR THROUGH YOUR ACCOUNT. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN OTTO"S DEFENSE OF ANY CLAIM. OTTO RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF OTTO.

Mobile Service, Text Message, Internet and Service Fees

The use of the Application requires use of a mobile device, mobile phone service, wireless mobile data service, and text messaging capability, which must be obtained from your wireless carrier, and will require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, and diagnostic data reports, from Otto, your mobile carrier or third-party service providers.

If you agree to receive text messages from the Application, the frequency of messages will vary based on your parking activity. Certain texts are required to use the Application, including verification texts. Message and data rates may apply from your mobile carrier. By providing your consent to participate in this program, you approve any such charges from your mobile carrier. If you do not have an unlimited wireless mobile data plan or text messaging capability, you may incur additional charges from your wireless service in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the Application.

The Application may not work with all devices or all mobile carriers. Otto makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

The information in any Application message may be subject to certain time lags and/or delays. You are responsible for managing the types of SMS texts you receive. Users of the Apple Application If you download and use the iOS Application: You, the end-user of the Application, acknowledge that the Agreement is entered into by and between Otto and you and not with Apple, Inc. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This Agreement incorporates by reference the Licensed Application End User License Agreement (the !LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Application is considered the !Licensed Application” as defined in the LAEULA and Otto is considered the !Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Application (including, without limitation, a third party claim that the Application infringes that third party"s intellectual property rights) or your use or possession of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Links to Third-Party Websites, Applications, and Services The Application may provide connectivity or links to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers (!Third-Party Services”). The Application may allow you to add/configure certain Third-Party Services to your device. Otto has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties. Users who utilize the Third-Party Services should be aware that account and other personal information held by those third parties may be transmitted through and stored on Otto servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Otto is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk. Assignment Company may assign this Agreement in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Application. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Application by others using the device.

General Information

You may also be subject to additional terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or operator) that may apply to your use of the Application. If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement. The failure of Otto to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

By using the Application, you agree that the statutes and laws of the United States and the State of North Carolina without regard to conflicts of laws principles, will apply to all matters relating to use of the Application and the Services, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Wake County, North Carolina, USA. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that any disputes, claims and causes of action arising out of or connected with the Application and/or this Agreement, will be resolved individually, without resort to any form of class action. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

This Agreement includes the entire agreement between you and Otto regarding the use of the Application.

If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

You agree our failure to enforce any right or provision of this Agreement will not be deemed a waiver of any such right or provision.

In the event of a complaint or concern regarding this Agreement or the Application, or for more information, please contact Otto via the app or go to info@ottoconnect.us.