End User License Agreement

Last update: June 26th, 2025

This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between consumer who is end user of the telemetry monitoring services (“You” or “End User”) and Otodata Wireless Network Inc. (“Provider”, “We”, or “Us”) governing your use of telemetry tank monitoring services through Otodata hosted End User mobile application (“Consumer Application”), Customer Nee-Vo Portal (“Portal”), and related documentation (collectively, the “Service(s)”).

By accessing or using the Services, you agree to be bound by the terms and conditions of Agreement. If you do not agree, you may not use the Services.

For the purposes of this Agreement, the Users and Otodata shall be collectively referred to as the “Parties” or individually as the “Party”.

1. Acceptance of Terms

1.1. By creating an account, accessing, browsing or using the Portal, Services and/or Applications, you expressly acknowledge that you understand and consent to this Agreement. If you (“User”) do not consent to this Agreement, you will not be granted access to Portal, Services and/or Applications and you must immediately cease your use of the Portal, Services and/or Applications.

1.2. We reserve the right to update this Agreement, the Portal, the Services and the Applications, at our own sole discretion. When this Agreement is updated, you will be notified about such updates and will be prompted to accept the updated version of this Agreement to continue using the Applications, Services and/or, Portal. If you do not accept the modifications, you will not be granted access to the Services.

2. TERM

2.1. This Agreement shall commence on the date when the Portal, Services and/or Applications are first made available for your use, and continues a month-to-month basis, until is terminated by either party with thirty (30) days’ written notice.

3. USER ACCOUNT

3.1. To have access to the Services, Applications, and/or Portal, you are required to have an End User’s account which is created by Otodata.

A. Eligibility

To have access to the Consumer Application and use the Services, you must:

agree to be bound by this Agreement;
comply with all applicable laws and regulations to your access and use of the Portal, Services, Applications and Products;
Be of legal age to enter a binding agreement.
Provide accurate, complete, and up-to-date contact information which is required to create End User’s Account.

B. Acceptable Use

You must act reasonably and responsibly when using Services, Applications, and /or the Portal. For example, you cannot:

use the Applications, Services, or Portal for illegal purposes;
use the Applications, Services, or Portal in a way that may likely cause harm to our ability to provide our Portal, Services and/or Applications to others;
use the Applications, Services, or Portal to control or use an account other than your own.
use the Applications, Services, or Portal to impersonate or misrepresent your affiliation with any person or entity;
use the the Applications, Services, or Portal, to access, tamper with, or use any non-public areas of the Portal, Services and/or Applications or any computer systems in connection therewith;
attempt to probe, scan, or test the vulnerability of the Applications, Services, or Portal or any related system or network or breach any security or authentication measures used in connection with the Applications, Services, or Portal and such systems and networks;
attempt to decipher, decompile, disassemble, reverse engineer, or attempt to discover the source code for any of the software used to operate the Applications, Services, or Portal or provide the services offered on the Consumer Application, Portal, and/or Services.
copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to the Portal, Services and/or Applications;
bypass, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any technological security measures surrounding the Consumer Application, Portal and/or Services;
use the Applications, Services, or Portal in an abusive way contrary to its intended use, to its documentation or to the Otadata’s reasonable instructions;
use or access the Applications, Services, or Portal to create or develop competing products or services;
Resell, sublicense, or distribute the Service to third parties;
Interfere with or disrupt the integrity or performance of the Service.
infringe or otherwise violate third party intellectual property rights when using or accessing the Applications, Services, or Portal.
Modify copies of any materials from the Applications, Services, or Portal and Products nor delete any copyright, trademark or other proprietary right notices from copies of materials from the Applications, Services, or Portal.
“mirror” any materials from the Applications, Services, or Portal and Products on any other server or deep link any such content.

C. Account Security

You agree to:

make sure you close the Applications or Portal when you are not using them.
keep your mobile phone and email account secure with a strong password or passcode.
keep your account security details safe and will not share them with third parties.
notify us immediately if your security details have been breached or compromised and that you will change your password and passcode as soon as possible.

You also agree that it is your sole and exclusive responsibility to make sure that your account security details are kept safe. Otodata shall not be responsible for any abuse or misuse of your account by third parties due to your disclosure, whether intentional, accidental, active or passive, of your security details to any third party.

D. Account Suspension

Otodata may suspend your account in the event that:

Otodata reasonably believes that you are in breach of any of your obligations pursuant to this Agreement;
Otodata reasonably believes that such a measure is necessary to protect the availability of the Applications, Services, or Portal for its clients;
Otodata determines that such suspension is necessary in order to repair, maintain or service any software, equipment or system used to supply all or any portion of the Applications, Services, or Portal;
Otodata determines that it must suspend your account in order to comply with any applicable law or order from a court or any law enforcement authority of competent jurisdiction.

4. ACCOUNT CLOSURE AND TERMINATION

4.1. You acknowledge that your subscription to the any of the Services can be terminated upon your request at any time. As the Portal and the Applications are necessary for the use of the Services, you must discontinue your use of the Products if you wish to terminate this Agreement.

4.2. We also reserve the right to close your account and terminate our Agreement with you without prior notice if you have breached this Agreement in a material way and have failed to remedy such default within a reasonable time or if we must do so to comply with any applicable law or order from a court or any law enforcement authority of competent jurisdiction.

5. Intellectual Property

5.1. You understand and agree that the Applications, Services, or Portal, products and their entire contents, features, and functionality, including, but not limited to, all information, software, code, data, text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, layout, selection, and arrangement, are owned or controlled by Otodata, its licensors, or other providers of such material and are protected in whole or in part, by copyright, trademark, patent, trade secret and/or other applicable intellectual property laws of Canada and other countries. Such rights will remain the exclusive property of Otadata and/or its licensors or third parties allowing for their usage. You will not remove, alter, or otherwise challenge the copyrights, trademarks, or other notices of intellectual property rights in or accompanying the Portal, Services, Applications and/or Products.

5.2. Any unauthorized copying, redistribution, reproduction or modification of the Portal, Services, Applications and/or Products and their entire contents by any person may be a violation of trademark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of the Applications, Services, or Portal and their entire contents and to prevent any unauthorized copying of the Applications, Services, or Portal and their entire contents.

5.3. Certain names, words, titles, phrases, logos, icons, graphics or designs in the Applications, Services, or Portal, including without limitation Otodata, the Otodata logo, constitute trademarks, trade-names, trade dress and/or associated products and services of Otodata, its partners, any licensor, content provider, service provider or contractor of Otodata or any other third party (collectively the “Marks”) and may be protected in Canada or elsewhere and their display on the Portal, Services, Applications and/or Products does not convey or create any license or other rights in the Marks. Any use of any of the Marks, in whole or in part, that are accessible via the Applications, Services, or Portal without prior written authorization of Otodata or such third party is strictly prohibited. You may not register domain names that correspond to the Marks. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Applications, Services, or Portal are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

6. LICENCE

6.1 Subject to compliance with this Agreement, Otodata grants you a limited, non-exclusive, non-transferable, revocable and limited right to access, use, display on your computer or mobile device, print and download the Applications, Services, or Portal solely for the monitoring of your tank levels and optimizing fuel logistics, including delivery and replenishment schedules, for the purposes of the User’s business operations. Except for this limited license explicitly granted to you under this Agreement, you are not granted any right, title, or interest in or to the Applications, Services, or Portal, to any content on the Applications, Services, or Portal, except your Customer Data (as defined below), or in Otadata’s other intellectual property. Any use of the Applications, Services, or Portal not expressly permitted by this Agreement is a breach of this Agreement and may infringe or violate copyright, trademark and other intellectual property or other proprietary laws.

6.2 By engaging with the Applications, Services, or Portal, you may upload, input or supply content, materials, data and information about Customer’s organization, including any of your trademarks, trade-names, or logos, or about your customer as required to use the Applications, Services, or Portal and/or Products (the “Customer Data”). Otodata does not claim any ownership, right, title or interest in Customer Data and is nor liable the Customer Data, including its content, ownership and legitimacy. You shall ensure that you have obtained appropriate consent from relevant third parties to use the Customer Data. By uploading, input or supply the Customer Data, you automatically grant, and you represent and warrant that you have a right to grant, to Otodata, an irrevocable, perpetual, non-exclusive, fully paid, worldwide, transferable, sublicensable license to use, copy, display, distribute or incorporate into the Portal, Services, Applications and/or Products and create compilations and derivative works from such content, including anonymized and aggregated data as part of the Portal, Services, Applications and/or Products or otherwise.

6.3 Any non-identifiable information gathered by us through your use of the Portal, Services, Applications and/or Products may be used by us for our own marketing, promotional and product development purposes and more specifically, may be stored in a database and used by us to identify, customize and personalize user access and assess utilization of the Portal, Services, Applications and/or Products. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.

6.4 If you or any of your employees, contractors, and agents send or transmit any communications or materials to Otodata by mail, email, telephone, or otherwise, suggesting or recommending changes to the Portal, Services, Applications and/or Products, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), all such Feedback is and will be treated as non-confidential. You hereby assign to Otodata on your behalf, and on behalf of your employees, contractors, and agents, all right, title, and interest in, and Otodata is free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Otodata is not required to use any Feedback.

7. IP ADDRESSES AND PING

7.1 The Parties agree that Otadata shall have the right to pre-approve (or “whitelist”) the Internet Protocol addresses (“IP Addresses”) which may be granted access to the Portal, the Services or the Applications, to limit the number of IP Addresses which you can use or to exclude (or “blacklist”) certain IP Addresses, as well as to limit the number of pings in case of excessive use or abuse of the Portal, Services, Applications or Products or for any other purpose contemplated by this Agreement, including if you breach your obligations pursuant to this Agreement.

8. Governing Law

8.1 This Agreement shall be exclusively interpreted and governed in all respects, including as to validity, interpretation and effect, by the laws applicable in the Province of Québec.

9. Jurisdiction

9.1 The Parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the Court of the Province of Québec, Judicial District of Montréal, for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement.

10. Warranties and disclaimers

10.1 EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED ON AN «AS IS» BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. OTODATA DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, COMPLETE, SECURE, OR ERROR FREE.

10.2 The telemetry tank monitoring services (“Services”) provided by Otodata are intended solely for informational and operational support purposes. While Otodata endeavors to ensure the accuracy, reliability, and timeliness of the data collected and transmitted through its telemetry systems, Otodata makes no warranties or representations, express or implied, regarding the completeness, accuracy, or fitness for a particular purpose of the data or the Services.

10.3 Otodata neither warrants accuracy or completeness of Customer Data including its content such as pricing, marketing information, ownership, legitimacy etc., nor is liable for any consequence resulting from your use of the information presented in the Consumer Applications.

10.4 The Services are not a substitute for regular physical inspections, maintenance, or other safety protocols required by applicable laws, regulations, or industry standards. Otodata shall not be liable for any loss, damage, or injury resulting from reliance on the telemetry data, including but not limited to, tank overfills, leaks, environmental damage, or operational downtime.

10.5 End Users who use Otodata’s Services assume full responsibility for interpreting and acting upon the data provided. Otodata disclaims all liability for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the Services.

10.6 End Users represent and warrants that their users have reached the age of majority in their jurisdiction of residence and have full legal capacity to enter into binding contracts or are at least 16 years or age and possess legal parental or guardian consent and are fully able and competent to enter into and abide by these Terms of Use.

11. Limitations of liability

11.1 NEITHER OTODATA NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE FOR INTERRUPTIONS OF SERVICE DUE TO LIMITATIONS OR UNAVAILABILITY OF WIRELESS NETWORK OR OTHER DATA INFRASTRUCTURE, OR FOR THE SECURITY OF DATA TRANSMISSIONS. YOU WILL ACCESS CERTAIN OF THE SERVICES THROUGH COMMUNICATIONS FACILITIES CONNECTED TO THE INTERNET (WHETHER WIRED OR WIRELESSLY). CUSTOMER ACKNOWLEDGES AND AGREES THAT (1) THERE ARE RISKS INHERENT TO THE PROVISION AND RECEIPT OF INTERNET HOSTED SERVICES; (Il) THE SERVICES WILL NOT BE UNINTERRUPTED, SECURE OR ERROR-FREE; AND (Ill) THIRD PARTIES MAY ATTEMPT TO GAIN UNAUTHORIZED ENTRY INTO ELEMENTS OF THE SERVICES, WHICH MAY RESULT IN THE DISCLOSURE OF USER DATA OR OTHER CONFIDENTIAL INFORMATION OF USER. ACCORDINGLY, THE PARTIES AGREE THAT OTODATA WILL NOT BE LIABLE OR BEAR ANY RESPONSIBILITY WHATSOEVER RELATED TO THE RISKS DESCRIBED HEREIN AND USER HEREBY RELEASES OTODATA FROM ANY SUCH LIABILITY OR RESPONSIBILITY THAT MAY ARISE IN CONNECTION THEREWITH.

11.2 OTODATA IS NOT RESPONSIBLE OR LIABLE FOR THE CONTENT OF ANY INFORMATION TRANSMITTED, ACCESSED OR RECEIVED BY USER THROUGH OTADATA’S PROVISION OF THE SERVICES, EXCLUDING CONTENT ORIGINATING FROM OTODATA.

11.3 IN NO EVENT WILL OTODATA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITIES IF AND TO THE EXTENT THE DAMAGES ARE CAUSED BY THE USER, ITS AFFILIATES, ITS MANDATARIES OR ITS CONTRACTORS TO PERFORM THEIR RESPONSIBILITIES PURSUANT TO THIS AGREEMENT.

11.4 OTODATA SHALL NOT BE LIABLE TO END USER FOR DAMAGES ARISING FROM USE OF THE PORTAL, SERVICES, APPLICATIONS OR PRODUCTS, LOST DATA, LOSS OF PRIVACY, OR INTERRUPTION OR FAILURE OF THE PORTAL, SERVICES, APPLICATIONS OR PRODUCT, EXCEPT IF SUCH DAMAGES ARISE FROM OTODATA’S GROSS NEGLIGENCE. NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, SALES, REVENUE, OR PROFITS REGARDLESS OF THE FORESEEABILITY. IN NO EVENT SHALL OTODATA’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE CUMULATIVE AMOUNT PAID TO OTODATA BY CUSTOMER DURING THE 2 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FACTS GIVING RISE TO THE CLAIM.

12. INDEMNIFICATION

12.1 You agree to defend, indemnify, and hold Otodata harmless, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of this Agreement, (ii) your inappropriate use of the Portal, Services, Applications or Products, (iii) your violation of any applicable laws or regulations or (iv) your violation of rights of third parties, including intellectual property rights.

13. Assignment

13.1 You shall not assign this Agreement or any rights granted to you under this Agreement without our prior written consent.

13.2 Otodata may assign its rights and obligations under this Agreement without your consent.

14. Electronic Communications

14.1 When you visit the Portal or the Applications, send e-mails to or chat with us, you are communicating with us electronically and you hereby consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Portal or the Applications. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. Entire Agreement

15.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings regarding the Service. By using the Service and Applications, you acknowledge that you have read, understood, and agree to be bound by this Agreement.