SIRCA TERMS OF USE

Your use of use of the Sirca API (the “Software”) and service (together with the Software, the “Service”), whether via the Internet, a cellular device or otherwise, is subject to the following legal agreement (the “Terms”) between you and OTW (as defined below). The Terms constitute a fully binding agreement between On the Way, LLC (together with its affiliates and subsidiaries, “OTW”), as the proprietor of all rights in and to the Service, and you. Unless otherwise agreed to in writing by OTW, the Terms include the following: (a) the terms and conditions in this document (the “General Terms”); and (b) the OTW Privacy Policy. Prior to use of the Service, you should read each of the documents comprising the Terms and print or save a local copy for your records. Use of the Service constitutes assent to be bound by the Terms. If you do not agree with all or any part of the Terms, you are prohibited from and must refrain from using the Service or any part thereof.

  1. Changes to the Terms. OTW reserves the rights to make changes to the Terms at any time and from time to time. To the extent any such changes are made, OTW will make a new copy of the Terms available at https://www.sircanavigation.com/tos.html (or such other URL as OTW may provide). You acknowledge and agree that if you use the Service on or after the date on which the Terms have changed, OTW will treat your use of the Service as acceptance of the updated Terms. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you. If any such modification of the Terms is unacceptable to you, you must not access or otherwise use the Service.


  2. Acceptance of the Terms. In order to use the Service, you must agree to the Terms by either

    (a) clicking to accept the Terms, where this option is made available to you by OTW in the Service’s user interface or (b) using the Service. You acknowledge and agree that your use of the Service constitutes acceptance of the Terms from the date of first use onwards. You may not use the Service and may not accept the Terms if you are a person barred from using the Service under United States law or are otherwise subject to, or would cause us or any of our affiliates or third-party providers to be in breach of, any export control and sanctions laws and regulations of the United States of America, of member states of the European Union, and any other relevant country or jurisdiction. By acceptance of the Terms in accordance with this Section 2, you represent and warrant to OTW that (a) you have the full power, capacity, and authority to accept the Terms, and (b) if you are accepting the Terms on behalf of your employer or any other entity, you have full legal authority to bind your employer or such other entity to the Terms. If you do not have the legal authority described in the foregoing sentence, an authorized person holding such legal authority must consent to and accept the Terms prior to your use of the Service.

  3. Termination of Your Use of the Service; Termination of the Service. You may terminate your use of the Service at any time and for any reason in your sole and absolute discretion. You are not obligated to advise OTW of such termination. OTW reserves the right to block or otherwise terminate your access to the Service at any time and for any reason in OTW’s sole and absolute discretion. Without limitation to the foregoing, OTW reserves the right to terminate, at

    any time, with or without notice, and in OTW’s sole and absolute discretion, the provision of the Service in its entirety or any part thereof.


  4. Privacy Policy. Your privacy is important to OTW. While using the Service, personal information may be provided by you or collected by OTW as detailed in the OTW Privacy Policy, which is incorporated by reference herein and made part of the Terms. The OTW Privacy Policy explains OTW’s practices pertaining to the use of your personal information and OTW suggests that you read the OTW Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by OTW in accordance with these General Terms, the OTW Privacy Policy, and any applicable laws and regulations.

  5. Location Based Services. Some features of the Service make use of detailed location and route information. Such information may include GPS signals and other information sent by the mobile device on which the Software is installed and activated. The Service cannot be provided without utilizing this technology and the resulting data collection. While you are using the Service, OTW uses your location and route information to create a detailed location history of all your journeys made when using the Service. OTW uses this detailed location history in both OTW’s provision of the Service to you as well as OTW’s efforts to improve the quality of the Service and the accuracy of the Service’s mapping and navigation data, and more as further described in the OTW Privacy Policy.

  6. Safety and Related Matters. The information provided by the Service is not intended to replace information or guidance provided by federal, state, or municipal agencies or authorities regarding roads and other means of travel, including traffic signs, traffic lights, police instructions, direction of travel requirements, time-based restrictions, lane restrictions, road blockades, and other related guidance and instructions. By acceptance of these Terms, you acknowledge and agree that while operating a vehicle, whether motorized or otherwise, (a) use of the Service is strictly limited to verbal (hands-free) interaction and (b) sending traffic updates (e.g., traffic accident or traffic congestion notifications) or otherwise interacting with the Service in any non-verbal manner (other than for navigation) is strictly forbidden. Traffic updates or non-verbal reports you want to submit to the Service may only be sent after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, such updates may be sent by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver’s attention to the road.

  7. User-Based Content. The Service makes use of, among other things, information and updates originating from end-users. End-user generated content may be inconsistently provided and may be inaccurate, incomplete, or outdated. OTW makes no, and specifically disclaims any, representations or warranties regarding the accuracy, completeness or timeliness of end-user provided information. Content submitted by users for publication does not necessarily reflect the views of OTW. The Service allows all users of the Software to submit and post information and content to other users (such information and content, “Content”). To the extent that you elect to upload, submit, send, or receive content through the Service:

    1. You represent and warrant that (a) you own all intellectual property rights in the Content and (b) that you are permitted to publish the Content and to permit OTW to publish the Content and exploit all intellectual property rights in and to the Content.


    2. OTW receives no ownership rights in and to the Content that you submit; provided, however, that by submitting Content to the Service, you shall be deemed to grant OTW and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable, and transferable license to use, host, store, reproduce, modify, copy, distribute, create derivative works (such as those resulting from translations, adaptations or other changes OTW makes in order for your content to work better with the Service), communicate, publish, distribute, display in public, and publicly perform such Content. You assume sole responsibility for any Content you post or transmit to or through the Service and you alone are liable for the consequences when you post Content.

    3. The license granted to OTW in and to the Content you submit is not limited to personal use, but also extends to any commercial use of such Content by OTW.


    4. OTW reserves the right to (a) examine the Content before or after its publication, (b) prevent publication of inappropriate or otherwise inadequate or erroneous Content, or

      (c) remove such Content after its publication. OTW reserves the right to determine, in OTW’s sole and absolute discretion, 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.


    5. You are expressly forbidden to, and by your acceptance of the Terms you agree that you shall not, submit Content that: (a) is of a commercial nature, except where such Content is expressly authorized or requested by OTW and strictly complies with the Terms; (b) diminishes or infringes the copyright, trademark, patent, trade secret, or other proprietary or intellectual property rights of any other person or entity; (c) poses or is reasonably likely to pose a risk to any person’s safety, security, or health; (d) identifies other persons or discloses the personal information of any other person without such person’s express written consent to such identification or disclosure; (e) pertains to or identifies minors or their personal information; (f) is unlawful, defamatory, libelous, or invades the privacy of any other person or entity; (g) is harassing, offensive, threatening, or vulgar; (h) promotes or encourages the discrimination of any person or group of persons 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; (i) encourages any criminal behavior or conduct that would, or could be reasonably likely to, constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit; (j) promotes pyramid schemes, chain letters or disruptive commercial communications; or (k) falsely claims or implies that such Content is sponsored or endorsed by OTW. The foregoing examples of Content restrictions are

      made solely for illustrative purposes and do not constitute an exhaustive list of forbidden Content.


    6. OTW may decline to publish, or immediately delete any Content you submit if you or the Content have violated the Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, OTW or any of its agents or affiliates. In such cases, OTW 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 OTW by any law.


  8. Third-Party Links, Promotions, and Advertisements. OTW reserves the right to distribute or display OTW and/or third-party promotions and advertisements (“Ads”) to end-users at any time and from time to time. Ads may include, but are not limited to, map pins identifying the location of certain businesses and notices of such businesses’ commercial offers and promotions. The distribution of display of any such third-party promotions or advertisements does not constitute an endorsement by OTW of the product or service being so promoted or advertised and OTW makes no, and specifically disclaims any, representations or warranties regarding the content of any such third-party promotions or advertisements. To the extent that the Service displays or otherwise includes links to services or applications operated and/or managed by third-parties, OTW shall not be responsible for or have any liability to you or any other person or entity for any losses or damages directly or indirectly suffered by you or any other person as a result of your reliance on, or in connection with, the content of such third-party services and applications or any information provided by them. Further, OTW will not be liable for any form of liability arising from your use of or your reliance on the content of good or services you have accessed via Ads or other links on the Software or Service.

    YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING SAFELY AND IN ACCORDANCE WITH ALL APPLICABLE LAWS, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREGOING 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.

  9. Grant of License. Subject to, and upon your acceptance of, the Terms, OTW grants to you a non-exclusive, worldwide, personal, non-transferable, non-sublicensable, revocable, royalty-free license to use the Service (including the Software) for non-commercial purposes, as provided by OTW and in the manner permitted by the Terms. Use of the Service does not give you ownership of any of the intellectual property rights in the Service, any Content you may access, or any other OTW intellectual property rights.

  10. Using the Service. You may use the Service solely for private and personal purposes. You may not use the Service for any commercial use, including, but not limited to, the following: (a) offering to third-parties any service that utilizes or otherwise relies upon use of the Service; (b) reselling, renting, or leasing the Service in any manner; or (c) the integration of the Service (or any part thereof) within any service of your own, in each case without the prior written consent of OTW. Except as specifically contemplated by the Terms, you may not copy, print, save or otherwise use data from the Service or its database. When using the Service you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, or indexing.

  11. Fees and Expenses of Cellular and other Data Usage. Use of the Service and transmitting and receiving real-time updates to and from the Service require an online connection between your cellular device and the Internet. All costs and expenses of such connection are solely your responsibility.


  12. Restrictions on Use. The following conduct is strictly prohibited and any failure on your part to comply with such restrictions may result in OTW’s termination of your use of the Service and the intellectual property license granted by OTW pursuant to the Terms and may expose you to potential civil and/or criminal liability: (a) publicly displaying, performing, distributing, copying, modifying, adapting, translating, reverse engineering, decompiling, or disassembling any Content (or any portion thereof); (b) making any use of the Content (except as specifically authorized by the Terms); (c) replicating or coping the Content without OTW’s express prior written consent; (d) creating a browser or border environment around the Content (e.g. frames or inline linking); (e) interfering with or violating any third-party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others; (f) harvesting or collecting personal information, including through the use of any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine, about any other person or entity without such person’s or entity’s express consent;

    (f) defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights of any person or entity; (g) transmitting or distributing (whether actively or passively) any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that is intended to or might reasonably be expected to damage, hijack, or harm in any way the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (h) interfering with or disrupting the operation of, or disobeying any requirements, procedures, policies, or regulations of the Service or the servers or networks that host the Service or make the Service available; (i) selling, licensing, or exploiting for any commercial purposes any use of or access to the Content or the Service; (j) framing or mirroring any part of the Service or forwarding any Content or other data maintained on, distributed through, or made available on or through the Service without OTW’s prior express written consent; (k) using the Service, directly or indirectly, for the purpose of or in connection with any illegal, immoral, or unauthorized activity or purpose; (l) using the Service or the Content for, or conducting through the Service, any non- personal or commercial purposes without OTW’s express prior written consent; or (m) otherwise infringing or violating any of these Terms.

  13. Export Control. You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.


  14. Geographic Restrictions. The Service (including its functionality, the Software, and any Contents and other materials associated therewith) may not be available in a particular country. At this time, the Service is not available for use in either Russia or the People’s Republic of China. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service in contravention of legal restrictions, you do so on your own initiative and are responsible for compliance with local laws.


  15. Copyrights. All intellectual property rights in and to the Service, including the Software and all corresponding databases, and all copyrights, trademarks, industrial designs, patents, and trade secrets are either (a) the exclusive property of OTW or (b) licensed by OTW from third-parties. “Sirca,” “Sirca Navigation,” the Sirca logo, and all other trade and/or service marks are the property of OTW and you may not use such logos or marks for any purpose that is not expressly authorized pursuant to the Terms or by the prior written consent of OTW. The design, trade dress, and the ‘look and feel’ of the Service are protected works under applicable copyright laws and OTW retains all intellectual property rights in the foregoing. The Software license granted to you pursuant to the 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 by the Service. OTW reserves the right to protect the Service and all associated intellectual property rights by technological or other means. You undertake not to circumvent these means. Without limitation to any other rights available to OTW under the Terms or applicable law, you are hereby advised that any attempted or actual infringement of this Section 15 will result in the termination of all your rights under the Terms. If you circumvent any of the means taken by OTW to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.

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


    1. 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;


    2. 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;


    3. 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.

  17. Warranties and Disclaimers; Limitation of Liability.


    OTHER THAN AS EXPRESSLY SET OUT IN THE TERMS, OTW DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICE, INCLUDING, FOR EXAMPLE, ANY COMMITMENTS ABOUT THE SOFTWARE, THE CONTENT INCLUDED THEREIN, THE SPECIFIC FUNCTIONS OF THE SERVICE OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. OTW PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, OTW HEREBY DISCLAIMS ALL SUCH WARRANTIES. WITHOUT LIMITATION TO THE FOREGOING, OTW FURTHER DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES RELATING TO THE COMPLETENESS, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE MAPS, CONTENT, ROAD CONDITIONS, DRIVING DIRECTIONS, OR NAVIGATION ROUTES PRESENTED OR DISPLAYED IN OR BY THE SERVICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. BY YOUR ACCEPTANCE OF THE TERMS, YOU ACKNOWLEDGE AND AGREE THAT (i) YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND YOUR RELIANCE ON THE SERVICE, (ii) YOUR USE OF AND RELIANCE ON THE SERVICE IS MADE ENTIRELY AT YOUR OWN RISK, AND (iii) IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS (INCLUDING TRAFFIC LAWS) WHILE USING THE SERVICE.

    OTW has endeavored and, for so long as OTW continues to provide the Service, will continue to endeavor to provide the Service in a high quality manner and in conformance with industry standards. OTW does not, however, make any representations or warranties to you that the Service (a) will operate in an uninterrupted or error-free manner, (b) will always be available,

    (c) will be free from any harmful components, or (d) that the Service is safe, secured from unauthorized access, immune from damage, free of malfunctions, bugs, or other failures, including hardware failures and Software and Software communication failures. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER OTW, NOR ANY OF OTW’S OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, LOSS (INCLUDING LOSS OF PROFITS OR LOSS OF DATA), COSTS, EXPENSES, OR PAYMENTS, UNDER ANY LEGAL THEORY, ARISING FROM OR IN CONNECTION WITH (a) YOUR USE OF, OR YOUR INABILITY TO USE, THE SERVICE,

    (b) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE,

    (c) ANY ERROR EXISTING IN ANY INFORMATION, CONTENT, OR GUIDANCE PROVIDED ON OR BY THE SERVICE, (d) YOUR RELIANCE ON THE SERVICE OR ANY

    CONTENT PROVIDED THEREIN, INCLUDING CONTENT ORIGINATING FROM END USERS OR OTHER THIRD-PARTIES, (e) YOUR COMMUNICATION WITH THE SERVICE OR WITH OTHER END USERS ON OR THROUGH THE SERVICE, OR (f) OTW’S RETENTION, DELETION, DISCLOSURE, OR ANY OTHER USE OR LOSS OF YOUR CONTENT, EVEN IF FORESEEABLE. BY YOUR ACCEPTANCE OF THE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT TO ANY OF THE FOREGOING SHALL BE LIMITED TO OTW’S USE OF COMMERCIALLY REASONABLE EFFORTS TO CORRECT ANY SUCH ERRORS, INACCURACIES, OR MALFUNCTIONS.

    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.


  18. Indemnity. By acceptance of the Terms, you agree, to the fullest extent permitted by law, to indemnify and hold harmless OTW and OTW’s members, stockholders, employees, officers, directors, managers, agents, as well as third-party advertisers of Ads from and against all claims, damages, expenses, losses, and liabilities, judgments, awards, costs or fees (including reasonable attorneys’ fees) arising directly or indirectly out of or in connection with: (a) your use or misuse of the Software or Service; (b) your violation of law; (c) your breach of the Terms or the OTW Privacy Policy; or (d) your infringement of third party intellectual property rights or privacy rights.

  19. Governing Law; Jurisdiction; Venue. All matters related to the Service and the Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the procedural and substantive laws of the State of Texas regardless of any conflict of laws principles. Any legal suit, action, or proceeding arising out of, or related to, the validity, construction, enforcement or interpretation of the Terms, and all issues relating in any matter thereto (including, without limitation, the Service), shall be exclusively brought in the United States District Court for the Northern District of Texas located in Dallas, Texas, or if federal jurisdiction does not pertain, in the state courts of the State of Texas, in Dallas County. By your acceptance of the Terms, you hereby submit and consent to the exclusive jurisdiction of such courts for the purpose of any such proceeding and irrevocably waive (a) any objection which you may now or hereafter have to the laying of venue in such courts and (b) any claim that any such proceeding brought in any such court has been brought in an inconvenient forum. BY YOUR ACCEPTANCE OF THE TERMS, YOU KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE, AND UNDERSTAND THAT OTW IS RELYING UPON SUCH WAIVER, ANY PRESENT OR FUTURE RIGHT TO A TRIAL BY JURY IN ANY CASE OR CONTROVERSY ARISING OUT OF, OR IS IN RESPECT TO, THE TERMS, THE SERVICE, OR YOUR OR OTW’S USE OR PERFORMANCE THEREOF.

  20. Limitations. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


  21. Binding Effect; Assignment. The Terms shall be binding upon, inure to the benefit of, and be enforceable by, you, OTW, and yours and OTW’s respective successors and permitted assigns. You may not assign the Terms, or any of your rights or obligations thereunder, to any other person or entity without the prior express written consent of OTW. OTW may assign the Terms, or any of OTW’s rights or obligations thereunder, at any time and in OTW’s sole and absolute discretion; provided that (a) such assignment is to either (i) an affiliate or subsidiary of OTW or

(ii) a person or entity that acquires all or substantially all of the assets comprising the Service, and (b) such assignee undertakes OTW’s obligations under the Terms.


  1. Nature of Relationship; Consideration. The Terms and your use of the Service, including the your submission of Content (if any) to 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 you and OTW. Your use of the Service constitutes the sole and sufficient consideration to which you are entitled for any Content or other contributions you may make to OTW or the Service.


  2. Third Party Beneficiaries. Unless otherwise stated herein, the Terms are not intended to confer any rights or benefits on any persons or entities other than you and OTW (other than such persons or entities for whom indemnification is expressly provided pursuant to the Terms), it being agreed that all third-party beneficiary rights (except with respect to such indemnified persons or entities) are expressly denied.


  3. Severability. If any provision of the Terms is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable, and the Terms shall be construed and enforced as if such illegal, invalid, or unenforceable provision never comprised a part of the Terms; and the remaining provisions of the Terms shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from the Terms. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there shall be added automatically as part of the Terms a provision as similar in its terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.

  4. Entire Agreement. The Terms (a) embody the entire agreement and understanding between you and OTW relating to the subject matter of the Terms and (b) supersede all prior agreements and understandings that may exist between you and OTW relating to the subject matter of the Terms.


  5. Interpretation. In the interpretation of the Terms, except where the context otherwise requires,

    (a) “including” or “include” does not denote or imply any limitation, (b) “or” has the inclusive meaning “and/or,” (c) “and/or” means “or” and is used for emphasis only, (d) the singular

    includes the plural, and vice versa, and each gender includes each other gender, (e) captions or headings are only for reference and are not to be considered in interpreting the Terms, and (f) “Section” refers to a section of these General Terms, unless otherwise stated.


  6. Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by you in the performance of your obligations under the Terms or with respect to the Service is not a consent by OTW to or waiver of any other breach or default in the performance by you of the same or any of your other obligations under the Terms or with respect to the Service. Any failure by OTW to complain of any act of yours or to declare you in default with respect to the Terms or the Service, irrespective of how long such failure continues, does not constitute a waiver by OTW of OTW’s rights with respect to such default until the applicable statute-of-limitations period has run.

  7. Contacting OTW. If you have any questions or concerns regarding any of the terms or provisions of the Terms, you may contact OTW via the “Contact Us” page located at https://www.sircanavigation.com. Upon receipt of your inquiry, OTW will use commercially reasonable efforts to promptly address any questions or concerns you may have.


Last modified: November 10, 2022