Last Updated [October 5, 2022]
PLEASE CAREFULLY READ this application terms of use/license agreement (the “Agreement”) BEFORE downloading, accessing, activating, registering for, or otherwise using the dash camera application or its related services or content (collectively, the “Application”) developed by Pittasoft Co., Ltd. (“Pittasoft”, “we” or “us”) for Toyota Canada Inc. and its global affiliates (collectively, “Toyota”). If you do not agree with the terms of this Agreement, including the description of the information collected, used, transmitted or retained by this Application, do not download, access, activate or register for the Application or its related services. by clicking on the “download” button or using the Application, you agree to be bound by this Agreement, and represent and warrant that you have the right, authority, and capacity to enter into this Agreement. The Application is owned or licensed and operated by Pittasoft Co., Ltd. with a business address at ABN Tower 4F, 331, Pangyo-Ro, Bundang-Gu, Seongnam-Si, Gyeonggi-Do, Republic of Korea, 13488, and/or its third-party providers. your access to and use of the Application is subject to this Agreement and all applicable laws.
Description of the Application. This Application allows you to access, with a Wi-Fi compatible mobile device, and download recorded videos and change settings of a Toyota dash camera accessory (the “Dash Camera”) in an equipped vehicle.
Scope of License
2.1. You understand and agree that the Application is licensed, not sold, to you for use with your Dash Camera and only as outlined in this Agreement. We reserve all rights not expressly granted to you. Pittasoft and/or its licensors own, or have the right to license, the Application and all underlying content, information, applications, and intellectual property. This license does not allow you to use the Application on a device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof.
2.2. This license is limited to a non-transferable license to use the Application on the applicable mobile device that you own or control (e.g., iDevice, iPod touch, Android device), in accordance with this Agreement, and, as applicable, Google LLC’s Terms of Service (https://www.google.com/intl/en/policies/terms/), Google Inc.’s (collectively, with Google LLC, “Google”) “Google Play Terms of Service” (http://play.google.com/about/terms.html), Google’s Privacy Policy (https://www.google.com/intl/en/policies/privacy/) and/or the Usage Rules set forth in the Apple Inc. (“Apple”) “App Store Terms of Service” (https://www.apple.com/legal/internet-services/itunes/us/terms.html), and (https://www.apple.com/legal/sla/). You acknowledge that this application uses the Google Maps API of Google Inc. and you agree to be bound by the Google Inc. Google Maps / Google Earth APIs Terms of Service (https://cloud.google.com/maps-platform/terms/). This license is between Pittasoft and you (and not Apple, Google or Toyota) and is effective until terminated by Pittasoft or by you.
2.3. As between Pittasoft and Toyota, Pittasoft and not Toyota is solely responsible for the Application and the content therein as well as the provision of any maintenance and support services.
Terms Applicable to the Apple App Store.
The following terms and conditions are applicable with respect to your use of a third-party platform to access and download the Application, such as Apple, Google, or any other similar third party “app store” or platform (each a “Platform Provider”):
3.1. You acknowledge and agree that (a) this Agreement is binding between you and Toyota only, and the Platform Providers are not a party to this Agreement, and (b) As between Pittasoft and any such Platform Provider, Pittasoft is responsible for the Application and the content thereof, not the Platform Provider. You must use the Platform Provider’s mobile application only on such Platform Provider-branded product that runs the third-party platform. Your use of the Application must comply with the terms of use applicable to the Platform Provider source from which you obtain it. You acknowledge that the Platform Provider has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
3.2. You acknowledge that the Platform Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including: (a) product warranty or liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation; or (d) claims that the Application infringes a third party’s intellectual property rights, such that you will not hold such Platform Provider responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
3.3. In the event of any failure of the Platform Provider version of the Application to conform to any applicable warranty that has not been effectively disclaimed by this Agreement, you may notify such Platform Provider, and such Platform Provider may refund the purchase price for the Application (if any) to you; to the maximum extent permitted by applicable law, such Platform Provider will have no other warranty obligation whatsoever with respect to the Application, and, as between such Platform Provider, Toyota, and Pittasoft, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Pittasoft’s responsibility, but only to the extent provided by this Agreement. Please read this Agreement, as other sections of this Agreement limit Pittasoft’s liability in this regard.
Eligibility, Installation, and Use
4.1. Eligibility. The Application is intended for and available to individuals (a) who are of legal age of majority in their jurisdiction of residence (and at least 18 years of age); (b) who own or have a compatible mobile device; and (c) who own or have access to a compatible Toyota vehicle equipped with the Dash Camera.
4.2. Installation. You may install the Application on your compatible mobile device by following the installation instructions available from the applicable Platform Provider.
4.3. Unauthorized Use, Passengers and Drivers. You are responsible for your (and any authorized third parties) use of the Application in compliance with this Agreement. You acknowledge and agree that any use of the Application occurring through your installed Application shall be deemed to be your actions and that Pittasoft and the Toyota Parties (as defined below) may rely upon such actions. You are solely responsible for protecting the security of the installed Application on your mobile device and for making any of your passengers, drivers of your vehicle, or other users of the Application or Dash Camera, aware of the terms of this Agreement and of the functionality of the Dash Camera (including recording functionality).
4.4. Uninstalling the Application. To uninstall the Application from your mobile device, follow the directions within the instruction guide for your mobile device. If you uninstall the Application from your mobile device, you will not be able to use the Application to remotely access the Dash Camera on the equipped vehicle. Before uninstalling the Application, please ensure all downloaded footage is backed up to your device’s main gallery or otherwise backed up to prevent the loss of important data when uninstalling the Application. Routine backups are considered to be good practice to protect against lost or damaged devices. Pittasoft and Toyota are not responsible for any data lost as a result of the use of, or uninstalling, the Application. Neither Toyota nor Pittasoft have the ability to restore any lost data.
4.5. Updates to the Application. Without limiting section 15, below, the Application may be updated automatically for certain reasons, including to increase Application functionality, to patch or improve Application stability, new versions, and the like (collectively, “Updates”). By installing and registering for the Application, you agree to such automatically requested and received remote Updates, and that such Updates are subject to this Agreement.
Privacy/Information Collection, Use, Transmission and Storage of Data
5.1. Information Collected, Stored and Used by Pittasoft. No personal information or other data is collected or stored by Pittasoft during download or usage of this Application. Rather, all such information is stored locally on your memory card and/or mobile device.
5.2. Information Collected, Stored and Used by Third Parties. No personal information or other data is collected or stored by Pittasoft, Toyota, or any other third party (except as provided in this section 5.2 and section 5.5 below) during download or usage of this Application. Notwithstanding the foregoing, information may be collected, stored and/or used by Google (subject to Google’s Privacy Policy (https://www.google.com/intl/en/policies/privacy/) and/or Apple (subject to Apple’s Privacy Policy (https://www.apple.com/legal/privacy/en-ww/) during download or usage of this application.
5.3. Utilization of User Information by the Application and Purpose of Utilization. The Application requires access to and utilizes certain user information for the Application to work with the Dash Camera. For clarity, such user information is not transferred to or accessed by Pittasoft, Toyota, or any other third party. The user information utilized is as follows:
5.4. Mobile Device & SIM Card Data. You acknowledge that data on your mobile device (including any content, such as videos, location, etc. downloaded to your device from your Dash Camera via the Application) may automatically be stored on your SIM card, the mobile device itself or your carrier’s network (e.g., via the use of a cloud backup service or due to intentional sharing by you of files over the network, but not as part of the Application’s functionality). Your data may remain on the mobile device even if your SIM card is removed; the data left on your mobile device will be accessible to others who use your mobile device, and may be deleted, altered, or transferred to your carrier’s network servers. The use of your data will be subject to your carrier’s terms and conditions, and privacy policy, and Pittasoft and Toyota are not responsible or liable therefore. For clarity, Pittasoft and Toyota have no access to such data, and have no ability to recover any lost data.
5.5. Location Data. The Application uses the Google Maps API which enables a wireless device to display Google Maps, illustrating location and movement on a map rendering of previously-recorded Dash Camera video. To display the Google Map, the Application may provide information such as GPS signals (latitude and longitude), device sensors, Wi-Fi access points, and cell tower IDs to the Google Maps API. Google Maps, in turn, displays a map synchronized to the video. For more information, see https://www.google.com/intl/en/policies/technologies/location-data/. You may be able to disable transmission of location data to the Google Maps software through the device-based location settings on your device. Failure to enable, or disabling of, device location services with respect to the Application will prevent use of Google Maps; depending on your device’s operating system, it also may prevent use of the Application. If you use the Google Maps API, you agree that you will be bound by Google’s Terms of Services available at https://policies.google.com/terms?hl=en. Further, the terms of Google’s Privacy Policy available at https://policies.google.com/privacy shall apply and are incorporated herein by reference. Please consult your device manufacturer’s user manual or other terms and conditions.
Application Access Parameters
6.1. Application Activation and Information. Your access to the functionality of the Application is dependent on an active connection with the Dash Camera via Wi-Fi link. Each Dash Camera will be equipped with a unique Wi-Fi network SSID and password.
6.2. Camera Wi-Fi Password. As an owner of a Dash Camera, you will be granted access to the Dash Camera SSID and password. You are responsible for maintaining the confidentiality of the SSID and password, and are fully responsible for all activities that occur under your password. You agree not to use or modify the SSID and password of another Dash Camera not owned by you without permission or to disclose your SSID or password to any third party. Pittasoft and the Third-Party Beneficiaries (defined below) cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Restrictions on Use of this Application. As a condition of using this Application, you agree that you may not and will not:
7.1. Copy, download, distribute, modify, publish, sell, license, use, reuse, or create derivative works of the Application or any of the content or other material within the Application, including the respective copyrighted materials, names, logos, or other trademarks of Pittasoft or Toyota, except solely to use the Application in accordance with its instructions;
7.2. Access or use this Application in any way that could or is intended to damage or impair the operation of this Application, or any content of or material displayed in this Application, or any server or network underlying this Application, or interferes with anyone else’s use and enjoyment of this Application;
7.3. Access or attempt to access any data, information, system, or servers on which this Application is hosted or modify or alter this Application in any way;
7.4. Use the Application for any commercial or unlawful purpose, or in violation of any third-party rights;
7.5. Use the Application in violation of any applicable traffic regulations and driver distraction laws, rules and regulations; or
7.6. Violate the terms of this Agreement or any of the third-party applications’ applicable terms of use and privacy policies, including the Platform Providers. Pittasoft reserves the right to suspend or terminate your participation in the Application if you are found to be in violation of this Agreement.
Fees and Data/Message Costs. Pittasoft does not charge for use of the Application. However, standard data (and text, if applicable) rates apply for data (and messages, if applicable) sent from and received by your mobile device (e.g., if you use a cloud backup service, or if you share videos downloaded to your device via text message or other third-party service) as determined by your wireless provider and you are solely responsible for such charges and any other charges from your wireless provider. Please contact your wireless provider for complete pricing details.
No Warranty
9.1. You understand and agree that your use of the Application (including the uploading or downloading of information from or to your mobile device) is solely at your own risk and that you will be solely responsible for any damage to your mobile device, your vehicle, or any other equipment, or any unauthorized access to, use of, or loss of data that may result from your use of the Application, and you understand that the security and safety of your mobile device and your vehicle are your sole responsibility.
9.2. The Application and its content are provided on an “as is” and “as available” basis without any warranty of any kind, expressed, implied or statutory. Pittasoft and the Third-Party Beneficiaries specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pittasoft and the Third-Party Beneficiaries make no warranties that the application or any material obtained through it (including through the dash camera), will meet your requirements, or that the Application or its content will be uninterrupted, timely, secure, non-infringing or error free. You understand and agree that you are responsible for any and all charges, costs and expenses for use of the Application. No advice or information, whether oral or written, obtained by you from us or through the Application shall create any warranty not expressly made herein. you may not rely on any such information or advice. Pittasoft and the Third-Party Beneficiaries assume no liability or responsibility for any errors or omissions in the content of the Application. Pittasoft and the Third-Party Beneficiaries do not make any warranty or representation that your use of the material displayed on, or obtained through, the application is non-infringing of any rights of any third party. any decision or action taken by you on the basis of information or content provided via the Application is at your sole discretion and risk. Pittasoft and the Third-Party Beneficiaries are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content or information displayed, transmitted, or otherwise made available via the Application.
9.3. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.
Limitation of Liability
10.1. Except in jurisdictions where such provisions are restricted, you agree that Pittasoft and Third-Party Beneficiaries’ entire liability to you or any third person (e.g., your passengers), and your or any third person’s exclusive remedy, in law, in equity, or otherwise, with respect to the application and/or for any breach of this Agreement is solely limited to the amount equal to the portion of the charges to you for the Application relating to the period during which such damages occur. except in jurisdictions where such provisions are restricted, Pittasoft and the Third-Party Beneficiaries and Pittasoft’s licensors and contractors (including any third parties providing all or part of services related to the Application) shall not be liable for any indirect, incidental, special or consequential damages even if Pittasoft and the Third-Party Beneficiaries and Pittasoft’s licensors and contractors (including any third parties providing all or part of services related to the Application) have been advised of the possibility of such damages. To the extent that a province or state does not permit the exclusion or limitation of liability as set forth herein our liability is limited to the maximum extent permitted by law in such provinces and/or states.
10.2. In addition, Pittasoft and the Third-Party Beneficiaries shall have no liability for problems caused by or contributed to by you, by any third party, by buildings, hills, tunnels, network congestion, weather, or any other things we or our service providers do not control.
10.3. Notwithstanding anything else in this Agreement, you agree to excuse any non-performance by Pittasoft and the Third-Party Beneficiaries or any service provider caused in whole or in part by an act or omission of a third party, or by any equipment failure, act of God, natural disaster, strike, equipment or facility shortage, or other causes beyond the control of Pittasoft, the Third-Party Beneficiaries and its service providers.
10.4. If another wireless service provider is involved in any problem (e.g., because of roaming), you also agree to any limitations of liability that it imposes on its customers.
10.5. You agree that neither Pittasoft, its third-party beneficiaries, nor any of its service providers who send you data or information through the Application is liable for any errors, defects, problems, or mistakes in that data or information.
10.6. You agree that the limitations of liability and indemnities in this Agreement will survive even after this Agreement has ended. these limitations of liability apply not only to you, but to anyone using your vehicle, the Application, or the Dash Camera, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to the Application, or the Dash Camera.
10.7. Some jurisdictions do not allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.
Release. For yourself and anyone else claiming under you, you hereby release and discharge Pittasoft, the Third-Party Beneficiaries and Pittasoft’s licensors and contractors (including any third parties providing all or part of services related to the Application) from and against any claims, damages, expenses and liability arising from or related to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or part, directly or indirectly, from your use of the Application or Dash Camera (including the making or use of any recordings made by the Dash Camera).
Indemnity. You agree to indemnify and hold harmless Pittasoft and the Third-Party Beneficiaries from any loss, liability, claim, or demand, including reasonable legal fees and related expenses, arising out of or related to your acts and omissions, your use of the Application or Dash Camera (including the making or use of any recordings made by the Dash Camera), your breach of this Agreement, and your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights (including privacy or publicity rights) of third parties, Pittasoft, or the Toyota Parties. You agree that the indemnities in this Agreement will survive even after this Agreement has ended.
Availability/Interruption. The Application is available through your mobile device when your mobile device is within the Wi-Fi operating range of the Dash Camera. The Application is subject to transmission limitation or interruption. Pittasoft and the Third-Party Beneficiaries do not guarantee that the Application (or any portion thereof) will be available at all times or in all areas. You acknowledge and agree that Pittasoft and the Third-Party Beneficiaries are not responsible for performance degradation, interruption or delays. You acknowledge that Pittasoft and the Third-Party Beneficiaries shall not be liable to you if the Application in a given location is not available. If the Application is not available within your intended location, you agree that your sole remedy shall be to cease using the Application.
Termination. This Agreement is effective until terminated by you or Pittasoft. We may terminate this Agreement for any or no reason, and with or without notice to you. Your rights under this Agreement will terminate automatically without notice from Pittasoft if you fail to comply with any term of this Agreement. Upon termination of this Agreement, you shall cease all use of the Application.
Changes to this Agreement and/or the Application
15.1. We may change, modify, or update this Agreement and/or the Application, including the Application features, from time to time. If applicable, you may be notified that an Update to the Application is available (as described in further detail above).
15.2. If you use the Application after the Update or change(s) to this Agreement, you agree to such change(s) and its applicability to you. Any new features or services that augment or enhance the Application in the future shall be considered part of the Application and subject to this Agreement. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, the Application (or any portion thereof), with or without notice to you, and you agree that Pittasoft and the Third-Party Beneficiaries shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Application.
Abuse
16.1. You are solely responsible for any use of the Application and the Dash Camera, even if you are not the one using it, and even if you later claim the use was not authorized. Neither Pittasoft nor any of the Toyota Parties has any obligation to inquire about the authority of anyone using your vehicle, the Application, or the Dash Camera.
16.2. You agree to immediately notify us if you suspect fraudulent or abusive activity, including unauthorized access to the Application. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate or to use such measures may result in your liability for all fraudulent usage or abusive activity associated with your Equipment (as defined below).
Disputes/Arbitration
17.1. PLEASE READ THIS PROVISION CAREFULLY. it includes an agreement to mandatory arbitration, which means that you agree to submit any dispute related to your use of the application to binding individual arbitration rather than proceed in court. If you want to opt-out of this mandatory arbitration agreement, this provision describes the procedures you must follow to do so. This provision also includes a class action waiver, which means that you agree to proceed with any dispute individually and not as part of a class action. This Agreement also includes a jury waiver.
17.2. It is Pittasoft’s goal that the Application meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Pittasoft is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Pittasoft, you acknowledge and agree that you will first give Pittasoft an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to Pittasoft Co., Ltd - ABN Tower 4F, 331, Pangyo-Ro, Bundang-Gu, Seongnam-Si, Gyeonggi-Do, Republic of Korea, 13488. You then agree to negotiate with Pittasoft in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Pittasoft’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
17.3. You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Application or relating to this Agreement shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate Pittasoft, the Third-Party Beneficiaries or any patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by Pittasoft, the Third-Party Beneficiaries and/or any applicable third party.
17.4. Arbitration under this Agreement shall be conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (pursuant to JAMS’ Streamlined Arbitration Rules and Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree to pay our own fees, costs, and expenses, including those for any legal counsel, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and legal fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with Pittasoft as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable legal fees and costs. Except for claims determined to be frivolous, Pittasoft agrees not to seek an award of legal fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
17.5. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do not agree to this mandatory arbitration provision with regard to your use of the Application, then prior to downloading, registering for and using the Application, you may opt-out of this part of this Agreement by sending written notification to the following address: Pittasoft Co., Ltd - ABN Tower 4F, 331, Pangyo-ro, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea, 13488.
17.6. To the fullest extent permitted by applicable law, no arbitration or other claim under this Agreement shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the application, and no class arbitration proceedings shall be permitted. In the event that this class action waiver is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
17.7. We both agree that, whether any claim is in arbitration or in court, you and Pittasoft both waive any right to a jury trial involving any claims or disputes.
17.8. In no event shall any claim, action or proceeding by you related in any way to the Application or this Agreement be instituted more than two (2) years after the cause of action arose.
Miscellaneous
18.1. Equipment. For the purpose of this Agreement, “Equipment” shall mean any hardware, software or networks associated with bringing you the Application, including your mobile device and your Dash Camera.
18.2. Assignment. You may not assign this Agreement without Pittasoft’s prior written consent.
18.3. Entire Agreement. This Agreement represents the entire agreement between you and us, which may only be amended as described in this Agreement.
18.4. Governing Laws. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario without regard to its conflict of laws principles.
18.5. Third-Party Beneficiaries. You acknowledge and agree that, as applicable, Toyota Canada Inc. and its parent, subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders (collectively, the “Toyota Parties”) , the Platform Providers and their subsidiaries, and all other service providers and licensors of Pittasoft or otherwise related to the Application, the Dash Camera, and associated services, are third-party beneficiaries of this Agreement (the “Third-Party Beneficiaries”) and that, upon your acceptance of the terms and conditions of this Agreement, such parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary hereof.
18.6. Communications. Any written notice from you under this Agreement will be considered given when we receive it at our address provided in the introductory paragraph of this Agreement. Any written notice from us required by this Agreement will be considered given when we send it to you by email to any email address you have provided to us (if applicable), or as otherwise specified herein. Any oral notices will be considered given when we call you or when you call us at the appropriate number provided in the introduction paragraphs of this Agreement.
18.7. Relationship of the Parties. No matter what else it says, this Agreement does not create any fiduciary relationships between you and Pitasoft, or between you and any of the Toyota Parties. It does not create any relationship of principal and agent, partnership, or employer and employee.
18.8. Severability. The Application is void where prohibited by law. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.
18.9. No Waiver. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term.
18.10. Headings. Headings and captions are for convenience only and shall not affect the construction or interpretation of the Agreement.
Contact Us. If you have any questions, complaints or claims about the Application, or if you are having any technical difficulties with the Application, please contact us at 1-888-TOYOTA-8 (1-888-869-6828).