These Terms of Use (“Terms”) govern your rights and obligations regarding the use of CrossHelmet’s Products, Software (“Software”), and service (all collectively referred to as the “Service”) on the Internet or in cellular media. These Terms constitute a fully binding agreement between Borderless Inc. (including its affiliates and subsidiaries, “CrossHelmet”) the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.

By using the CrossHelmet Service, you signify your assent to these Terms;

CrossHelmet’s privacy policy (“Privacy Policy”); and
CrossHelmet’s copyright policy (“Copyright Policy”)
all of which are an integral part of these Terms.

If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.

KEY POINTS
The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Crosshelmet.

Road information prevails. The information provided by the Service is not intended to replace the information provided on the road, such as travel direction, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc.

Cautious riding. Always ride vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to send navigation or settings updates, or to non-verbally interact with the Service or use the Service in a non-verbal manner for any purpose while riding. Navigation or settings updates you want to apply to the Service may only be sent after you have stopped your vehicle in an appropriate location permitted by law.

Non-continuous updates. The information provided by the Service is intrinsically fluctuant and may be inaccurate, incomplete or outdated. CrossHelmet does not provide any warranties to such information’s credibility or reliability.

Location-based Service. Some features of the Service make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the CrossHelmet application is installed and activated. These features cannot be provided without utilizing this technology. Please note, as described in detail in the Privacy Policy:

CrossHelmet uses your location and route information to create a detailed route history of all of your journeys made when using the Service. CrossHelmet uses this history to offer the Service to you and to improve the quality of the Service it offers to you. This history is associated with your account and username. This history is retained by CrossHelmet for a limited period of time and in accordance with the Privacy Policy.

CrossHelmet links all of your information with your account and a unique identifier generated by CrossHelmet in accordance with the Privacy Policy.

The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connections are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.

Free Software. The Service utilizes Software for map displays, updates and road information. With respect to some cellular telephone devices running the Software, the Software is a free-software. In such cases you may redistribute the Software or modify it in accordance with the GNU General Public License as published by the Free Software Foundation, whether it is version 2.0 of the license or any later version of your choice. For further information, see the GNU General Public License. The Service, its database, CrossHelmet’s trademarks, the design of the maps of the Service and the voice files integrated in the Software – all are not free-software.

Your age. The Service is intended for use by users who are of the legal age required to hold a driver's license. In any case, to use our Service you must be 16 years of age or older. If you are under 16, you may not download or use the Service. Accounts of users under the age of 16 years will be canceled and deleted by CrossHelmet, upon receiving notice.

Privacy. Your privacy is important to us. While using the Service, personal information may be provided by You or collected by CrossHelmet as detailed in our Privacy Policy. The Privacy Policy explains our practices pertaining to the use of your personal information and we ask that you read such Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by CrossHelmet, subject to this section, the Privacy Policy and any applicable laws and regulation.
WHAT IS THE SERVICE
The Service allows motorcycle riders to navigate to their desired address using direction information uploaded onto the head-up display on the CrossHelmet product. It allows riders to enable noise cancelation, adjust active noise cancelation settings, playback music via the CrossHelmet, and communicate with other riders.

THE LICENSE
CrossHelmet Service. CrossHelmet hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.

The free version of the Software. In respect to the cellular telephones using the free-software version of the Software, the Software is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. Along with this Software, you should have received a copy of the GNU General Public License; in case you did not receive such a copy, please contact us at [email protected], advise us of your email address and we will send you a copy of the GNU General Public License. If you are using the Software, you may contact us at the above address, request a copy of the source code of the Software and we will send you such a copy. This offer was valid for three years (from the date you last obtained delivery of the free software version of the Software). Be advised that this clause applies only with respect to the free version of the Software. It does not apply to the Service, its database, CrossHelmet’s trademarks, the design of the maps of the Service and the voice files integrated in the Software or to other intellectual property rights of CrossHelmet – all of these are not free-software.

USING THE SERVICE
You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of CrossHelmet. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.

You may not copy, print, save or otherwise use data from the Site or the Service’s database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.

When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of CrossHelmet.

The Software may not be used in any way that is not expressly permitted by these Terms.

USE RESTRICTIONS
There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at CrossHelmet’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person:
(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them;

(ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without CrossHelmet’s prior written consent;

(iii) create a browser or border environment around the Content (e.g. no frames or inline linking);

(iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;

(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights;

(vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

(vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

(viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site;

(ix) frame or mirror any part of the Service and/or Site without CrossHelmet’s prior express written authorization;

(x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site;

(xi) forward any data generated from the Service and/or Site without the prior written consent of CrossHelmet;

(xii) transfer or assign your Service accounts’ password, even temporarily, to a third party;

(xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose;

(xiv) use the Site, the Service, or the Content for non-personal or commercial purposes without CrossHelmet’s express prior written consent; or

(xv) infringe or violate any of these Terms.

TERMINATION OF USE OF THE SERVICE
You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise CrossHelmet of such termination. However, if you would also like for CrossHelmet to delete your CrossHelmet account and your personal information contained in the account, please send a “Delete Account Request” email to [email protected]. On receiving such a request, CrossHelmet will use reasonable efforts to delete such information, however please note that information may not be deleted immediately from our back-up systems. For more information, please read our Privacy Policy.

CrossHelmet retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason CrossHelmet deems appropriate, at its sole and absolute discretion.

USER CONTENT
The Service allows all users of the Software to submit and post information and content to other users (“Content”). Content is separate from third party sponsored advertisements that may appear on the Service. Content can include, for example, map and tour routes, etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.

ALWAYS RIDE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO SEND SETTINGS OR NAVIGATION UPDATES WHILE RIDING. YOUR UPDATE SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW.

FORBIDDEN POSTS
It is forbidden to submit Content of a commercial nature (including advertising), unless such posts pertain to CrossHelmet, the Service, or CrossHelmet’s products, and such Content strictly complies with these Terms.

When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:

is diminishing or infringing proprietary rights of others, including but not limited to copyright and trade marks; poses a risk to a person’s
safety, security or health; identifies other persons without obtaining such person’s express written consent to the disclosure of their personal
information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information; is unlawful, defamatory, libelous or invades the privacy of others; is harassing, offensive, threatening or vulgar; is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class; encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit; promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms; falsely expresses or implies that such content is sponsored or endorsed by CrossHelmet. The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content.

CrossHelmet may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, CrossHelmet or any of its agents or affiliates.
In such cases, CrossHelmet may also terminate your access to the Service or prevent you from posting additional Content on the Service.
The provisions of this clause are made in addition to any rights afforded to CrossHelmet by any law.

RIGHTS IN CONTENT
When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit CrossHelmet to publish the Content and exploit all intellectual property rights in and to the Content. CrossHelmet receives no ownership rights in and to the Content that you submit. However, by submitting Content to CrossHelmet, you hereby grant CrossHelmet and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content.
The license granted to CrossHelmet in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at CrossHelmet’s sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless CrossHelmet provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize CrossHelmet to be your agent).

EXAMINATION OF CONTENT
CrossHelmet may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. CrossHelmet does not normally utilize its right to monitor Content and does so only in rare cases.

CrossHelmet retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. CrossHelmet does not guarantee that all Content will be published, in general or for any limited time.

Content submitted by users for publication does not reflect the views of CrossHelmet. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.

TRADEMARK
All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of CrossHelmet or its affiliates or are exclusively licensed to CrossHelmet. The Service is protected, among others, by United States Trademark (2017), Japan Trademark (2018), as well as by applicable trademark provisions prescribed by any other law, in the United States, Japan and elsewhere.

“CrossHelmet”, the CrossHelmet logo, and other trade and/or service marks are the property of CrossHelmet or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of CrossHelmet.

The design, trade dress, and the ‘look and feel’ of the maps of the Site and the Service are protected works under applicable copyright laws and CrossHelmet and its affiliates retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend to or include a license to use the maps displayed on the Software or any mark, indicator, logo or notation embedded in the maps that are displayed on the Software. You may not copy or print more than one copy of any data or material appearing on the Site.

CrossHelmet may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from CrossHelmet’s rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by CrossHelmet to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.

APPLE
If you use the Service on an Apple device, then you agree and acknowledge that:

Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
EXPORT CONTROL
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

LIMITATION OF LIABILITY AND WARRANTY
CROSSHELMET PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

Additionally and without derogating from the above clause, CrossHelmet disclaims any warranties relating to the accuracy of the maps, Content, road conditions, riding directions, or navigation routes presented or displayed in or by the Service. For instance, traffic may be congested in roads depicted by the Service as uncongested; existing roads may be missing from the map; users may submit faulty or inaccurate Content or reports. Such errors and omissions are inherent to any community-based service that operates on users’ posts and on the information provided by them.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.

THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICE PERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.

CrossHelmet exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to CrossHelmet’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in CrossHelmet or any of its providers.

CROSSHELMET, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE
The Service may include commercial information or advertisements (for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc. (“Ads”). The Ads may pop up or be displayed on the Service maps from time to time. CrossHelmet may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, CrossHelmet cannot and does not guarantee the reliability or accuracy of third party Ads. CrossHelmet does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, CrossHelmet will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.

It is underscored that the advertising of commercial content by CrossHelmet does not constitute a recommendation or encouragement to procure the goods or services advertised.

Insofar as the Software includes links to services or applications not operated or managed by CrossHelmet, CrossHelmet will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. CrossHelmet will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.

YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR RIDING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREOING PROVISION, THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.

BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless CrossHelmet and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by CrossHelmet, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.

PRIVACY
CrossHelmet respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software and the Service is readily accessible at our Privacy Policy and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

MODIFICATIONS TO THE SERVICE AND SOFTWARE
CrossHelmet may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against CrossHelmet for applying such changes or for failures incidental to such changes.

TERMINATION OF SERVICE
CrossHelmet may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.

MODIFICATIONS OF THESE TERMS
CrossHelmet may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.

GOVERNING LAW AND JURISDICTION
These Terms, the Software and the Service will be governed solely by the laws of the country of Japan, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the Japanese Judicial System.

LIMITATIONS
Should you desire to file any cause of action against CrossHelmet, arising out of or related to the CrossHelmet Software, Product, or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.

ASSIGNMENT OF RIGHTS
You may not assign or transfer your rights in and to the Service, without the prior written consent of CrossHelmet. CrossHelmet may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes CrossHelmet’s obligations to you under these Terms.

COMPLETE TERMS
These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy and the Copyright Policy, shall all constitute the entire and complete agreement between you and CrossHelmet concerning the CrossHelmet Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.

NO LEGAL RELATIONSHIP
These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the CrossHelmet Service, its contents, maps and any other data.

CONTACT US
You may contact us concerning any question about the Service, through the “Contact Us” section listed under the settings menu in the Software or through the “About Us” page. We will make our best efforts to address your inquiry promptly.

Last modified: September 3 2019

Borderless Incorporated respects your privacy. Borderless Incorporated and its affiliates (“CrossHelmet” or the “Company”) offer a fully-featured motorcycle helmet, as well as through its software, mapping, GPS navigation, and community based services to users of www.crosshelmet.com (the “Website”) and/or users of CrossHelmet’s mobile applications (the “Application”) (collectively referred to as the “Services”). When you use our services, you’re trusting us with your information. We understand this is a big responsibility and work hard to protect your information and put you in control.

This Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can update, manage, and delete your information. This Privacy Policy covers:

User Accounts & Accessing the Services
Information that is being collected
Why CrossHelmet collects data
Sharing your information
Visibility
Integration with social networks
Integration with other third party services
Controlling your personal information
How CrossHelmet retains data we collect
How does CrossHelmet use aggregated information
Cookies
Advertising campaigns
Information security
Compliance & cooperation with regulators
Changes to this Privacy Policy
This Privacy Policy is incorporated as part of the CrossHelmet Terms of Use (the “Terms of Use” or the “Terms”).
Your use of the Services is subject to the Terms of Use, Copyright Policy and this Privacy Policy and indicates your consent to them.

To use our Services you must be 16 years of age or older. If you are under 16, you may not download or use the Services.

In this Privacy Policy, the term “personal information” means information which you provide to us which personally identifies you, such as your name, email address or billing information, and, in certain circumstances, your location and route information or other data which can be reasonably linked to such information by CrossHelmet.

Contact CrossHelmet - Privacy concerns reports
If you have any questions about this Privacy Policy, or if you believe that your privacy has been compromised in the course of using the Services, please contact CrossHelmet at: [email protected]. You may send CrossHelmet other requests, responses, questions and complaints by email also at: [email protected].

User Accounts & Accessing the Services
Please note that when you install the Application on your mobile device, CrossHelmet will set up an account associated with that mobile device (the “Account” or “CrossHelmet Account”). After installation, CrossHelmet will collect and use your information, including meta-data (as described below), in accordance with this Privacy Policy. This use may include linking your information with your Account.

When you set up a CrossHelmet username and password in the Application:

CrossHelmet will link all of your information with your Account and that username. This includes information received from all mobile devices running the Application on which you have chosen to sign in using your username and password;
With the exception described in the bullet below and as explained in the section “Visibility” below, your Account and information associated
with your Account will be visible only to CrossHelmet; and When using the Application, your approximate location and other information you
may choose to contribute will be visible to other users associated with that username.
CrossHelmet may also establish and require from time to time additional or different means of identification and authentication for logging in
and accessing the Services or for accessing certain features or designated sections of the Services.
Your login details are your responsibility. You are fully accountable for any use or misuse of your Account and personal details as a result of conveying your login details to someone else. You must maintain your login details in absolute confidentiality and avoid disclosing them to others. Make sure that you change your password frequently and at least once every six months.

Information that is being collected
We want you to understand the types of information we collect as you use our services.

CrossHelmet collects information to provide better services to all its users - from figuring out optimal routing and showing you relevant riding information while using CrossHelmet. The information CrossHelmet collects, and how that information is used, depends on how you choose to use our services.

Information you create or provide to us:
Account Information: information required when setting up a username you have chosen, such as your name and gender. Bear in mind that false, incorrect, or out-dated information may impair CrossHelmet’s ability to provide you with the Services and to contact you when necessary. CrossHelmet will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you may not be able to set up a username; and/or

Information that you choose to share with CrossHelmet: information that you choose to share with CrossHelmet, including a username you have chosen, reports associated with your username, phone number, “home” or “work”, destinations you may travel to, search queries, and files you have uploaded to the service, including voice and audio files, if applicable.

Communication which you choose to conduct through the CrossHelmet Services: if you choose to use CrossHelmet to communicate with other CrossHelmet users or third parties through the CrossHelmet Services, such as chat messages or group talk on the CrossHelmet platform. We may also collect information when you exchange communication with CrossHelmet, for example, if you submit a request, contact CrossHelmet’s support team, or report a violation to the abuse team.

Information from your social networks which you choose to connect to your CrossHelmet Account: you may choose to connect your CrossHelmet Account to your social network account(s). If you choose to do so, you may choose to share with CrossHelmet and/or other users information from your social network accounts, such as your Facebook profile photo or other personal information shared by you. For more information see Integration with social networks, below.

“Add Contacts feature”: if you use the “Add Contacts” feature, CrossHelmet will collect: _ Periodically, CrossHelmet will collect all of the phone numbers which are stored on your device’s phone contacts book. With regards to the “suggested friends” feature we only collect numbers in a form which is anonymous to CrossHelmet; This information will be used to help us find and create a list of other CrossHelmet users who you may know and with whom you may wish to connect. Note that we will not collect names, addresses or other information from your device’s phone contacts book, however some of this information may be saved locally on your device and may be used within searches for your friend’s name or address within the Services. and/or _ Your phone number. Your phone number will be used to verify your account and as part of the “find friends” feature , if applicable, to help find and create a list of other CrossHelmet users who you may know and with whom you may wish to connect.

You may also provide additional information that will be used to personalize the Services and enhance your experience with the Services. For example, if you provide us with your “home” and “work” information, we may provide you with what we think is the preferred route between those locations.

Information we collect as you use our services
We collect information about your activity in the Services, which we use to provide you with the Services of CrossHelmet, including features which are meant to personalize your experience. This includes things like notifying you about weather and riding conditions to improve your riding experience. The activity information we collect may include:

-Detailed location, travel and route information. Location and route information is collected for example in the form of GPS signals (combined with a time-stamp) and other information sent by your mobile device on which the Application is installed and activated. This location and route information is saved to a route history of all of the journeys you have made while using the Application. We may collect information about your location and travel (or lack thereof) also while you are not using the app, in order to be able to tell you when to leave for planned ride, notify you about bad traffic in your area, analyze how effective our guidances are and more;

-Terms or venues you searched;
-Your views and interactions with content and ads;
-Your voice and audio information when you use voice and audio features;
-Communication or other content you chose to share with any third party, including CrossHelmet users through the Services;
-Your activity on third-party sites and apps that you chose to link to your CrossHelmet account or that you interact with through the Service.

Meta-data (information about your device, browser and app use):
Once you install the Application, CrossHelmet collects information about the use of the Services and information from the device you have CrossHelmet installed on. For example:

- CrossHelmet may collect and record how often you use the app and for how long, your device type, unique identifiers, operating system type & version, battery usage, the third party web pages or applications you visit or use or interact with via the Application, information that you viewed on our Services, advertisements that are shown to you or that you view or click on, the fact that you used the Services to communicate with other users and the fact that you used third parties application/services via CrossHelmet to communicate with third parties, and the duration of such communications, the Internet Protocol (IP) address and the name of the domain that serves you to access the Services, and the geographic location of the device that you are using to log in and use CrossHelmet on.

- CrossHelmet may also collect information about apps installed on your device that CrossHelmet can link with - such as third party music or media audio service apps (e.g. Spotify).

- We also collect information about the interaction of your devices with our Services, including, noise cancellation settings, system activity, and the date, time, and referrer URL of your request.

Information we collect about you from our partners
We work with ad partners, including entities that belong to the Google group of companies, in order to show you more relevant and useful ads based on your CrossHelmet activity and information associated with your device’s identifier (i.e, Advertising identifiers or similar technologies) shared with us by our ad partners.

We may also receive aggregated, non-personally identifiable information and analysis from third parties measurement services which help us understand how our users interact with our ads. We may also receive information from third party services about how CrossHelmet’s own marketing efforts performed on third party sites or platforms.

We use various technologies to collect and store information, including, cookies, Advertising ID available on Android mobile devices or similar technologies, local storage, browser web storage, application data caches, databases, and server logs.

Why CrossHelmet collects data
CrossHelmet may use information collected from or provided by you for the following purposes:

Provide our services
We use your information to deliver our services. For example:

- Use your location and route information and/or search query history to provide navigation services, best routing choices,
traffic alerts and to provide information about sites, shops and other places and attractions in your close vicinity; and
- (If you have opted in to the “find friends” feature), use your phone number and the phone numbers which are stored in your device’s
phone book to find and create a list of other CrossHelmet users who you may know and with whom you may wish to connect.
- To provide advertising services, including personalized ads, in accordance with the section titled ‘Advertising campaigns’
under this Privacy Policy.
- To share your submissions with other users of the Services and to facilitate communication between you, CrossHelmet and other users.

Maintain & improve our services
We also use your information to ensure our services are working as intended, such as tracking outages or troubleshooting issues you report to us. And we use your information to improve the service or to develop new features or services. For example, CrossHelmet may use your route information to improve the accuracy of its mapping and navigation data.

Provide personalized services, including content and ads
We use the information we collect to operate the Services and to customize your experience with the Services. For example, CrossHelmet may use your “home” and “work” and other “favorites” information (if you choose to provide such information) or route history to offer routes based on how you’ve chosen to travel between favorite destinations in the past.
We may also use the information to provide you with support and handle requests and complaints.
Depending on your settings, we may also show you personalized ads based on your interests and past activity. For more information see section titled ‘Advertising campaigns’ under this Privacy Policy.

Measure performance
We use data for analytics and measurement to understand how our services are used. For example, we analyze data about your usage of the Services to do things like optimize product design. We also use the data we collected about the ads you view or interact with (e.g. click on) to help advertisers understand the performance of their ad campaigns and to provide them with aggregated reports. We may also use data to measure the usability and effectiveness of CrossHelmet’s own marketing efforts on third party sites or platforms.

Communicate with you
We also use your information to send you updates, notices, announcements, and additional information related to the Services;
We may also use your information to conduct surveys and questionnaires; And if you contact CrossHelmet we may keep a record of your request in order to help solve any issues you might be facing.
Subject to your prior indication of consent (to the extent required under applicable law), we may also use the email address that you provided to send you promotional and/or marketing materials. At any time you may choose not to receive such materials by clicking on the “Unsubscribe” link in the email messages that we may send to you. In any case, CrossHelmet will not share your contact details with any advertiser, unless explicitly permitted or required by law.

To protect CrossHelmet, our users, the public and for Legal reasons
We may also use and process your information and content, using different technologies to the following purposes:

- To enforce the Terms of Use or Privacy Policy;
- To contact you when CrossHelmet believes it to be necessary;
- To comply with any applicable law and assist law enforcement agencies under any applicable law, when CrossHelmet has a good faith belief that CrossHelmet’s cooperation with the law enforcement agencies is legally mandated or meets the applicable legal standards and procedures;
- To detect abuse and illegal activity; to detect and prevent fraud, misappropriation, infringements, identity theft and other illegal activities and misuse of the Services;
- To handle breakdowns and malfunctions;
- To take any action in any case of dispute, or legal proceeding of any kind between you and the Services, or between you and other users or third parties with respect to, or in relation with the Services;
- For purposes provided under this Privacy Policy and Terms of Use;
- To help improve the safety and reliability of our Services. This includes detecting, preventing, and responding to security risks, and technical issues that could harm crosshelmet, our users, or the public;
- To create aggregated and/or anonymous data (where such data does not enable the identification of a specific user). See “How does CrossHelmet use aggregated information”, below;

We’ll ask for your consent before using your information for a purpose that isn’t covered in this Privacy Policy.

Sharing your information
Personal information that you share
The Services are based on a community of users publicly sharing information with CrossHelmet and with other members of that community.

In particular, users may choose to share personal information such as name, age, gender, picture, their location information, reports and other files. This information may be shared directly to the Services to your friends on CrossHelmet. This information may also be shared via third party services (such as social networks) which interact with the Services upon such users’ choice.

You can decide whether or not to upload content to the Services. However any content that you choose to share and submit for posting is neither private nor confidential and you should expect that it may be made public and known to others. Information you choose to upload will be posted along with your user name and other information including personal information you attached to your publicly available user profile.

Except as detailed below with respect to information shared from your social network accounts (according to your privacy settings for such social network accounts), your email address will not be visible to others through any reports or user posts that you share or upload.

We, at CrossHelmet, take great measures to provide you with the best experience you can have while using the Services. However, CrossHelmet has no control over the conduct of any user and disclaims all liability in this regard. Users are advised to carefully and thoroughly consider whether or not to make public or available any information and carefully examine all necessary details related to any communication with other users prior to any engagement or communication being made.

Participating in any user’s activities as a result, directly or indirectly, from using CrossHelmet, is entirely at your own risk. CrossHelmet is not a party to any agreement entered into between the users in any circumstances. The user has the sole and ultimate responsibility regarding compliance with all laws, regulations or any other duty. We do not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your participation in any activity or event initiated, held or conducted by a user or a third party nor in connection to any agreement between the users or third parties, including any activity or event related in any way, directly or indirectly, the Services or the use thereof.

When CrossHelmet shares your information
CrossHelmet does not sell, rent or lease your personal information to third parties.

CrossHelmet will not share your personal information with others, without your permission, except for the following purposes and to the extent necessary in CrossHelmet’s good-faith discretion:

As necessary for the facilitation and operation of the Services.

If CrossHelmet reasonably believes that you have breached the Terms of Use or is investigating potential breach of the Terms of Use, or believes that you abused your rights to use the Services, or performed any act or omission that CrossHelmet reasonably believes to be violating any applicable law, rules, or regulations. CrossHelmet may share your information in these cases, with law enforcement agencies and other competent authorities and with any third party as may be required to handle any result of your wrongdoing;

If CrossHelmet is required, or reasonably believes that it is required by law to share or disclose your information;

In any case of dispute, or legal proceeding of any kind between you and CrossHelmet, or between you and other users with respect to, or in relation with the Services;

In any case where CrossHelmet reasonably believes that sharing information is necessary to protect against harm to the rights, property or safety of CrossHelmet, our users, or the public as required or permitted by law, including to prevent imminent physical damage or damage to property;

To detect, prevent, or otherwise address fraud, security, or technical issues;

If CrossHelmet organizes the operation of the Services within a different framework, or through another legal structure or entity, or if CrossHelmet is acquired by, or merged into or with another entity, or if CrossHelmet enters bankruptcy, provided however, that those entities agree to be bound by the provisions of this Privacy Policy, with respective changes taken into consideration;

To collect, store, hold and manage your personal information through cloud based or hosting services or a third party or a party affiliated or connected to CrossHelmet, as reasonable for business purposes, which may be located in Japan, or the U.S.A., potentially countries outside of your jurisdiction;

CrossHelmet may also share personal information with companies or organizations connected or affiliated with CrossHelmet, such as subsidiaries, sister-companies and parent companies;

In order to help advertisers decide what ads to show on CrossHelmet, we may share information with these services, such as a unique identifier for advertising (i.e, Advertising ID available on Android mobile devices or similar technologies). For more information see section titled ‘Advertising campaigns’ under this Privacy Policy.
We also work with selected measurement services which help us understand how our users interact with our ads and in order to measure CrossHelmet’s own marketing efforts, by using and sharing the device’s identifier (i.e, Advertising ID or similar technologies).

Personal information may also be shared with CrossHelmet’s trusted partners and service providers to process it for us, based on our instructions and in compliance with this policy and any other appropriate confidentiality and security measures. For example, we use service providers to help us with customer services.

Visibility
Please note that your username and some other information will be visible to others. Note that your username will be included along with any information you submit. It will therefore be visible to others. Also - your friends on CrossHelmet will see your name & profile photo and any other information you chose to share.

Integration with social networks
You may choose to share information between your CrossHelmet account and your social network account (such as Facebook). Through this option, you may choose to have personal information and other content about you available from social networks, transmitted and shared through the Services. Similarly, you may choose to have personal information and other content about you available from CrossHelmet, including your location and route information, transmitted to and shared through your social network account.

By setting your CrossHelmet Account to integrate with social networks, including by signing onto CrossHelmet by using your social network account (such as your Facebook account and your Google account), you agree to share information (including personal information) between CrossHelmet and such social networks, for the purposes provided under this Privacy Policy.

The social network’s use of information made available by CrossHelmet is governed by that social network’s privacy policy and controlled by the social network, not by this Privacy Policy or CrossHelmet.

When you connect to the social network account through the Services for the first time or otherwise make the Services interact with your social network account, you will be asked by the social network to permit the social network to share your personal information stored on such social network with CrossHelmet. We collect your information from your social network account only in accordance with the permissions granted by you (such as your name, email address, list of friends, profile picture and other information available via the applicable social network).

You understand and agree that the Services may access, make available and store such information so that it is available on and through your CrossHelmet Account, until your CrossHelmet Account is deleted.

Please note that certain information which you have defined as private on your third party social network accounts may become public to other CrossHelmet Users through the Services once you have allowed the social network to share such information with CrossHelmet.

Integration with other third party services
CrossHelmet may offer you the option to link CrossHelmet to third party services that may be useful to you (like, Spotify). Where CrossHelmet detects an integration may be available (either because a third party service attempts to link to CrossHelmet, or CrossHelmet detects an installed service on the device which has an integration option, or you request a particular integration), CrossHelmet will ask for confirmation to connect the accounts. If you choose to connect the accounts, CrossHelmet will ask for your permission to share data with the third party service. You should only agree to connect accounts if you are comfortable with the third party service receiving the data set out at the time of connecting the accounts and CrossHelmet is not responsible for the third party service’s use of data. You can disconnect CrossHelmet and the third party service at any time and CrossHelmet will cease sharing data with that service from the point of disconnection onwards.

Controlling your personal information
You can always review and update certain information by visiting your Profile settings (such as your phone, email and more).

If you find that the information associated with your Account is not accurate, complete or updated, then you should make all necessary changes to correct it. Please keep in mind that false, incorrect, or outdated information may prevent you from setting up a username and impair the ability to provide you with Services.

Deleting your information
If you would like us to delete your Account, please send a “Delete Account” request email to our support at [email protected]. On receiving such a request, CrossHelmet will use reasonable efforts to delete such information, however please note that information may not be deleted immediately from our back-up systems. We aim to initiate the deletion process immediately after your request. Once we receive your request, we then begin a process designed to safely and completely delete the data from our storage systems. This process generally takes around 2 months from the time of deletion. As with any deletion process, things like routine maintenance, unexpected outages, bugs, or failures in our protocols may cause delays in the processes and time frames defined in this policy. We maintain systems designed to detect and remediate such issues.

How CrossHelmet retains data we collect
Some data you can delete whenever you like, some data is deleted automatically, and some data we retain for longer periods of time when necessary. This section describes why we hold onto different types of data for different periods of time.

Information retained until you remove it - such as your “Home, “work”, favorites, email address and other account related information. We’ll keep this data in your CrossHelmet Account until you choose to remove it and/or update it.
Data that expires after a specific period of time - in some cases, you don’t need to actively delete your information as we set retention timeframes based on the reason for the data’s collection. For example, if you choose to connect your calendar to your CrossHelmet Account, we extract your calendar events for several days in advance and delete them after their occurrence. We may also take steps to anonymize certain data within set timeperiods. Information retained until your CrossHelmet Account is deleted - we may keep some data for the life of your CrossHelmet Account if it’s useful for helping us understand how users interact with our features and how we can improve our services. For example, if you made an incident report, we will keep information about how many reports you have submitted, even after the event is removed. When you delete your CrossHelmet Account, the information about how many reports you have submitted is also removed.
Information retained for extended time periods for limited purposes - sometimes business and legal requirements oblige us to retain certain information, for specific purposes, for an extended period of time. For example, when CrossHelmet processes a payment for you, we’ll retain this data for longer periods of time as required for tax or accounting purposes. Reasons we might retain some data for extended periods of time include: _ Security, fraud & abuse prevention _ Financial record-keeping _ Complying with legal or regulatory requirements _ Ensuring the continuity of our services * Direct communications with CrossHelmet How does CrossHelmet use aggregated information?
CrossHelmet may use anonymous, statistical or aggregated information (including anonymous location information), in a form that does not enable the identification of a specific user, to properly operate the Services, to improve the quality of the Services, to enhance your experience, to create new services and features, including customized services, to change or cancel existing content or service, and for further internal, commercial and statistical purposes (including advertising).

CrossHelmet may also use anonymous, statistical or aggregated information collected on the Services, in a form that does not enable the identification of a specific user, by posting, disseminating, transmitting or otherwise communicating or making available such information to users of the Services, to the Services’ providers, partners and any other third party. For example, GPS information that we receive from your mobile device may be provided to map editors in an aggregated and/or anonymous form to help improve the map and solve map problems, traffic data may be provided to cities, and aggregated ads analysis may be provided to advertisers.

Cookies
CrossHelmet may use cookies and similar technologies on the Services. Cookies are packets of information sent by the Website’s servers to your web browser and then sent back by the browser each time it accesses the Website’s servers.

CrossHelmet may use cookies for various purposes, such as to save you the need to re-enter your username and password each time you log in, to facilitate the use of the Website, to collect statistical information, to verify information, and to customize the Website to your personal preferences and for information security purposes.

Some of the cookies may expire when the session ends and you exit your browser. Other cookies are saved on your computer’s hard drive. If you wish to block the Website’s cookies, then please use the help button in your browser and follow the necessary instructions. However, bear in mind that disabling cookies may complicate or even prevent your use of the Website, or certain features thereof.

Advertising campaigns
CrossHelmet allows advertisers to run ad campaigns on the Services.

The information and advertisements that you see when accessing the Services may be targeted on the basis of your current CrossHelmet activity, such as your current location, your destination or contextual information based on your current drive session.

Depending on your settings, you may also see ads personalized to you based on:

Information we received from you (for example, your saved “Home” & “Work” addresses)
Past activity and search query history (for example, rides that appear in your trip list)
Information from our ad partners.
Please note:

We don’t knowingly collect nor do we show you personalized ads based on sensitive categories, such as race, religion, sexual orientation, or health.
We don’t share information that personally identifies you with advertisers, such as your name or email.
As described under “When CrossHelmet shares your information” section above, we may work with other services for advertising and ad measurement purposes. In order to help advertisers decide what ads to show on CrossHelmet, and sites such as Google and Facebook, CrossHelmet may share information with these services such as a unique identifier for advertising (Advertising ID available on Android mobile devices or similar technologies).
When you visit a third party website from the Application, such third party may use cookies on your computer. The third party’s use of cookies is subject to their own privacy policies and not to this Privacy Policy. If you wish to study the privacy policies of those third parties you should visit their services, or contact them directly.
The Services may include an internal messaging system which provides you the ability to send and receive messages to and from other users, and to receive marketing messages from us. You hereby agree that we may use the internal messaging system for the purpose of informing you regarding products or services, which may interest you.

Please note however that other CrossHelmet users are not allowed to use your contact details or our internal messaging account for commercial advertising purposes. If you have encountered any user generated advertising material, please inform us through the channels listed on the “Contact Us” page in the Settings menu in the Software or through the “About us” page on the Site link here.

It is clarified that we are not responsible for the content of said advertisements and the products delivered or services rendered thereby by third parties and you irrevocably and unconditionally agree that we shall not be held responsible or liable for any loss, damage, cost or expense that you may suffer or incur as a result or in connection thereof.

Information security
CrossHelmet considers information security to be a top priority. CrossHelmet services are built with strong security features that continuously protect your information. CrossHelmet implements systems, applications and procedures to secure your personal information, to minimize the risk of theft, damage, loss of information, or unauthorized access or use of information. For example, we review our information collection, storage, and processing practices, including physical security measures, to prevent unauthorized access to our systems. In addition, we restrict access to personal information to CrossHelmet employees, contractors, and agents who need that information in order to process it. Anyone with this access is subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

The insights we gain from maintaining our services help us detect and automatically block security threats from ever reaching you.

However, these measures are unable to provide absolute assurance. Therefore, although CrossHelmet takes great efforts to protect your personal information, CrossHelmet cannot guarantee and you cannot reasonably expect that CrossHelmet’s databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

Compliance & cooperation with regulators
We regularly review this Privacy Policy and make sure that we process your information in ways that comply with it.

Data transfers
We store data on servers located around the world and your information may be processed on servers located outside of the country where you live. Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply the same protections described in this policy.

When we receive formal written complaints, we respond by contacting the person who made the complaint. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of your data that we cannot resolve with you directly.

European requirements
If the European Union (EU) data protection law applies to the processing of your information, we provide the controls described in this policy so you can exercise your right to request access to, update, remove, delete, and restrict the processing of your information.

You have the right to object to the processing of your information.

We process your information for the purposes described in this policy, based on the following legal grounds:

With your consent

We ask for your agreement to process your information for specific purposes and you have the right to withdraw your consent at any time.

When we’re pursuing legitimate interests

We process your information for our legitimate interests and those of third parties (such as partners including advertisers, in order to report use statistics) while applying appropriate safeguards that protect your privacy. This means that we process your information for things like:

Providing, maintaining, and improving our services to meet the needs of our users
Developing new services and features that are useful for our users
Understanding how people use our services (including how they interact with our ads) to ensure and improve the performance of our services
Customizing our services to provide you with a better user experience
Marketing to inform users about our services
Providing advertising to make our services freely available for users
Detecting, preventing, or otherwise addressing fraud, abuse, security, or technical issues with our services
Protecting against harm to the rights, property or safety of CrossHelmet, our users, or the public as required or permitted by law
Performing research that improves our services for our users and benefits the public
Fulfilling obligations to our partners like developers and rights holders
Enforcing legal claims, including investigation of potential violations of applicable Terms of Service
When we’re providing a service

We process your data to provide a service you’ve asked for under a contract (including our terms of use).

When we’re complying with legal obligations

We’ll process your data when we have a legal obligation to do so, for example, if we’re responding to legal process.

If you have questions, you can contact CrossHelmet at: [email protected]. And you can contact your local data protection authority if you have concerns regarding your rights under local law.

Changes to this Privacy Policy
CrossHelmet may from time to time change the terms of this Privacy Policy. Substantial changes will take effect 30 days after CrossHelmet has posted a:

System message to users notifying them of changes to the Privacy Policy; and
Notification on the Website’s homepage or any other relevant web pages, explaining the changes to the Privacy Policy alongside a comparison of the “old” and “new” versions of the Privacy Policy.
Other changes will take effect 7 days after their initial posting on the Website. However, if CrossHelmet amends this Privacy Policy to comply with legal requirements, the amendments will become effective immediately upon their initial posting, or as required.

You agree to be bound by any of the changes made in the terms of this Privacy Policy. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any further use of the Services.

Last modified: September 3 2019

Borderless Inc. (“Borderless” or “CrossHelmet”) respects the intellectual property rights of others and requests the users of its services to do the same. If you believe that certain content infringes upon copyrights that you own or represent, you may send CrossHelmet a written notification, stating the location of the copyrighted work claimed to be infringed, in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”).

Upon your notification, CrossHelmet may remove or disable access to any such content.

To be effective, your notification of claimed infringement must be a written communication provided to the Copyright Agent that includes substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to be infringed via using the Website, or if multiple copyrighted works are covered by a single notification, a representative list of such works;

Identification of the material that is claimed to infringe or to be the subject of infringing activity and that access to which is to be disabled, and information reasonably sufficient to permit CrossHelmet to locate the material;

Information reasonably sufficient to permit CrossHelmet to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Following receipt of your communication, CrossHelmet may ask you to provide further or supplemental information, prior to removing any content which was displayed on the Website, as CrossHelmet deems necessary to comply with the provisions of the DMCA. CrossHelmet may also provide the registered user who uploaded the allegedly infringing content with your contact details, in order for that person to be able to contact you directly and communicate with you regarding your notification.

Counter notification

You may submit a counter notification to the Copyright Agent. To be effective, your counter notification must be a written communication provided to the Copyright Agent that includes substantially the following:

Your physical or electronic signature;

Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled.

A statement under penalty of perjury that you have a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled;

Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found, and that you will accept service of process from the person who provided notification or an agent of such person.

After receipt of a counter notification, CrossHelmet will promptly provide the person who submitted the claimed copyright infringement notification with a copy of the counter notification, and will inform that person that CrossHelmet will replace the removed material, or cease disabling access to that material 10 business days.

CrossHelmet will then replace the removed the material and cease disabling access to it between 10 to 14 business days following receipt of the counter notice, unless the Copyright Agent first receives notice from the person who notified CrossHelmet of the claimed copyright infringement that such person has filed an action seeking a court order to restrain the registered user from engaging in infringing activity relating to the material on CrossHelmet's system or network.

Repeat infringements

CrossHelmet may deny or cancel any individual use of the Website, or terminate your user account, if CrossHelmet determines in its sole discretion that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than once or a user that his or her uploaded material was removed from the Website more than once. CrossHelmet may decide, at its sole discretion that a sufficient reason exists for the immediate termination of your account for any reason, at any time. In these cases CrossHelmet may terminate your account immediately. CrossHelmet may notify you that it canceled your account by sending a message to the e-mail address that you provided during the registration process. Such notification will come into effect immediately.

Misrepresentations

Under the provisions of the DMCA, any person who knowingly materially misrepresents: (1) that material is infringing, or (2) that material was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, that CrossHelmet may incur, if it is injured by such misrepresentation, as the result of its reliance upon such misrepresentation in removing or disabling access to the material claimed to be infringing.