KommuAssist User Terms and Conditions

This terms and conditions represent an agreement made by and between you as a user of KommuAssist (hereinafter referred to as “User(s)” and “you” and “your”)), and Kommu Sdn. Bhd., a company incorporated in Malaysia under the Companies Act, 2016, and having its principal place of business at C/105B, Block C Vista Shop, Jalan PJU10/2A Damansara Damai, 47830 Petaling Jaya (hereinafter referred to as “Kommu” and “our” and “we” and “us”) (the “Agreement”) in connection with your participation as a User of our KommuAssist system.

Kommu has developed and is developing KommuAssist, a Level 2 Advanced Driver Assistant System (“ADAS”), to enable Adaptive Cruise Control (“ACC”) and Lane Keeping Assist System (“LKAS”) to be integrated into motor vehicle.

Please read these terms and conditions (“Terms”) carefully before using KommuAssist.

1.     General Acceptance and Applicability

Before using and by accessing KommuAssist, you indicate that you have read, understood, and agree to these Terms.

These Terms apply to all Users and anyone other than the Users (“Others”) who access or use KommuAssist. If the Others use KommuAssist through your user account and/or motor vehicle, you are responsible to ensure that the Others only use KommuAssist when it is safe to do so, and in compliance with these Terms and with the applicable laws. All risks in relation to the direct and indirect usage of KommuAssist shall be borne by you and/or the Others and we shall not be held accountable for any risks and/or damages arising therefrom. If you disagree with any part of the Terms, you should not access or use KommuAssist.

2.    Communication

Kommu will collect, use, and share information from and about you and your motor vehicle in connection with KommuAssist. You hereby consent to Kommu accessing the systems associated with KommuAssist, without additional notice or consent, for the purposes of providing KommuAssist with the data collection, software updates, safety, cybersecurity, and as disclosed in the Privacy Policy below.

3.    Safety

KommuAssist performs the functions of ACC and LKAS designed for the use in compatible motor vehicles. For more information regarding compatible motor vehicles, please reach out to our Kommu team.

While using KommuAssist, it is your responsibility to obey all laws, legislations, traffic rules, and traffic regulations governing your motor vehicle and its operation.

Access to and use of KommuAssist is at your own risk and responsibility, and KommuAssist should be accessed and/or used only when you can do so safely.

KommuAssist does not make your motor vehicle “autonomous” or capable of operation without the active monitoring of a licensed driver.

It is designed to assist a licensed driver. A licensed driver must pay attention to the road, remain aware of navigation at all times, and be prepared to take immediate action. Failure to do so can cause damage, injury or death.

4.    Indemnification

To the maximum extent allowable by law, you agree to defend, indemnify and hold harmless Kommu, and its employees, partners, suppliers, investors, directors and distributors, from and against any and all claims, damages, demands, losses, liabilities, costs, resulting from or arising out of:

(i)      your use and access of, or inability to use or access, KommuAssist,

(ii)     your breach of these Terms,

(iii)    the inaccuracy of any information, representation or warranty made by you,

(iv)    activities of anyone other than you in connection with KommuAssist conducted through your KommuAssist device or account; and

(v)     any other of your activities under or in connection with these Terms or KommuAssist.

 

5.    Limitation of Liability

In no event shall Kommu be liable for any injury, loss or damage whatsoever caused to the User or any third party or their property resulting from the access to or use of or inability to access or use of KommuAssist, whether or not we have been informed of the possibility of such injury, loss or damage. Kommu shall not be responsible for any direct, indirect, incidental, special or consequential damages whether based on warranty, contract, tort (including negligence) or any other legal theory, arising out of the use of KommuAssist or any performance of this Agreement.

 6.    No Warranty

Kommu provides KommuAssist without representations, conditions, or warranties of any kind. KommuAssist is provided on an “AS IS” and “AS AVAILABLE” basis, including with all faults and errors as may occur.

To the extent permitted by law and unless prohibited by law, Kommu on behalf of itself and all persons and parties acting by, through or for Kommu, explicitly disclaims all warranties or conditions, express, implied, or collateral, including any implied warranties of merchantability, satisfactory quality and fitness for a particular purpose in respect of KommuAssist.

To the extent permitted by law, Kommu does not warrant or guarantee the operation, performance, or availability of KommuAssist under all conditions.

THE ENTIRE RISK ARISING OUT OF THE USE OF OR PERFORMANCE OF KOMMUASSIST REMAINS WITH THE USER.

Kommu is not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections, interruptions or failures in the transmission of data, any computer virus, or any acts or omissions of third parties that damage the network or impair wireless service. We undertake reasonable measures to preserve and secure information collected through our KommuAssist. However, no data collection, transmission or storage system is 100% secure, and there is always a risk that your information may be intercepted without our consent. In using KommuAssist, you acknowledge that Kommu is not responsible for intercepted information, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorised manner.

7.    Modification

In no event shall Kommu, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable if you choose to modify KommuAssist.

8.    Changes to Terms and Conditions

Kommu reserves the right, at Kommu’s sole discretion, to update, modify or replace these Terms at any time. If a revision is material Kommu will provide at least fifteen (15) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Kommu’s sole discretion.

By continuing to access to KommuAssist after any revision becomes effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use our KommuAssist.

9.    Severability

If any provision of this Agreement becomes invalid, illegal or unenforceable for any reason whatsoever, the remainder of this Agreement will remain in full force and effect.