END USER LICENSE AGREEMENT

1. TERMS AND DEFINITIONS

1.1. Mobile application "Gardix Connect" (hereinafter - "Application") is licensed software for iOS and Android devices, designed for monitoring, remote control, configuration and protection of the User's vehicle, as well as access to functions through the website https://gardix.systems. The Application integrates with Gardix equipment and other supported devices that provide collection, processing and transmission of data about the vehicle's condition.

1.2. "Gardix" Website (hereinafter - "Website") is a web resource https://gardix.systems, which contains information about the service, access to the Personal Cabinet, documentation, tariffs, support service contacts, policies and public agreements.

1.3. Equipment (Device) - a set of electronic devices certified or approved for operation with the Gardix service, including GPS trackers, alarm modules, controllers, adapters, sensors installed in the User's vehicle and integrated through the Application.

1.4. User - a legally capable natural person who has reached 18 years of age, or a legal entity that has concluded this Agreement with the Administrator of Gardix, registered in the Application or on the Website, confirmed familiarization and acceptance of this Agreement, and has the right to use Gardix functionality within the limits provided by this Agreement.

1.5. Account (Personal Cabinet) - a set of User's electronic data created during registration in the Application/Website, which contains personal data, settings, list of connected Devices, information about subscriptions, action history, permissions, access levels.

1.6. Administrator - Limited Liability Company "GARDIX", registration number 45229992 (hereinafter also - Gardix), a legal entity under the laws of Ukraine, which is the developer, owner, licensor of the Application, Website, equipment, manages the service, determines the policy, procedure, restrictions, structure of services, privacy, tariff conditions.

1.7. Personal data - any information about the User that identifies or can be directly or indirectly identified (name, contact details, VIN code, notification history, location, etc.), as well as technical information about devices, settings, events.

1.8. Tariffs/Subscriptions - a set of conditions, amounts, terms, methods and payment procedures for access to paid functions, services, premium features of the Application or Equipment, defined on the Website and in this Agreement.

1.9. Partners/Third parties - legal or natural persons cooperating with Gardix in development, promotion, integration, operation, payment or service operations, support or information services within the framework of Gardix.

1.10. Force majeure - circumstances beyond the control of the Parties that make it impossible to fulfill the Agreement (natural disasters, war, service blocking, regulatory acts of authorities, man-made disasters, large-scale cyberattacks, etc.).

1.11. Gardix Support Service - a department or delegated persons of the Administrator providing informational, technical, advisory, service support to Users, considering complaints, claims, requests, incidents.

1.12. Privacy Policy - a public document posted on the Gardix Website regulating the procedure, scope, purposes, methods and terms of processing, protection, transfer, storage and deletion of User's personal data.

1.13. Notifications/Push notifications - electronic or mobile signals that Gardix sends to the User to inform about the car's status, tariff changes, technical events, updates, promotions, new products, Administrator or partners' actions.

2. GENERAL PROVISIONS

2.1. This Agreement is a public accession agreement in the meaning of Art. 633 of the Civil Code of Ukraine. All terms are the same for all Users. Acceptance of this Agreement is made by installing the Application, registration, authorization, connecting the Device, performing any actions within the service, clicking the "Agree", "Accept terms", "Register" or similar button on the Application/Website pages.

2.2. The Administrator reserves the right at any time to change, supplement, cancel, edit the provisions of this Agreement, the structure and content of functionality, procedure, volumes and terms of service provision, tariff amounts, access conditions. The updated version comes into force from the moment of publication on the Website, unless otherwise specified separately.

2.3. The User undertakes to independently and timely familiarize themselves with the current version of the Agreement, policies, rules and conditions. Continued use of the Application, Equipment, Personal Cabinet after changes means unconditional agreement with such changes.

2.4. Gardix service is provided in the form in which it exists ("as is"), without direct or indirect guarantees of full compliance with expectations, error-free operation, uninterrupted operation, suitability for a specific purpose or protection from any threats. All risks associated with the use of the Application, Equipment, personal information are assumed by the User.

2.5. Gardix is not a security company, does not provide physical security, does not guarantee prevention of theft, losses, damage to User's property, does not organize response to alarms, does not act as a guarantor of preservation of the vehicle, life or health of the User, family members, third parties.

2.6. Gardix has the right to:

Involve third parties in fulfilling this Agreement, including partners, service companies, payment agents, developers, dealers, integrators, consultants, without separate agreement with the User;

Transfer rights and obligations under this Agreement to third parties in accordance with applicable law, without separate agreement;

Record, account, analyze User actions within the service for monitoring, security enhancement, complaint processing, fraud prevention, functionality optimization;

Establish, change, cancel tariffs, introduce new services, promotions, bonuses, discounts, trial periods, etc.

2.7. Gardix has the right to temporarily or permanently restrict, suspend, terminate service provision in case of:

User violation of this Agreement, policies, instructions, support service requirements;

Suspicion of fraudulent, illegal, malicious actions;

Technical problems, accidents, failures, cyber threats;

Execution of orders, decisions, requirements of state authorities, courts, law enforcement agencies.

2.8. Gardix is not responsible for:

Direct, indirect, incidental, consequential, punitive, special damages, lost profits, reputational losses, moral damage, data loss, income, business reputation, expectations or opportunities of the User arising from the use or inability to use the service, Application, Equipment, Personal Cabinet, even if the Administrator was notified about the possibility of such damages;

Failures, defects, refusals, delays, signal loss, interruptions in communication channels, internet, payment systems, partner platforms, mobile operators, hosting providers, CDN, cloud platforms, GNSS/GSM systems or third-party equipment;

Interference by third parties, unauthorized access, criminal, illegal, fraudulent, erroneous or negligent actions of the User, their authorized persons, employees, family members, as well as partners to whom the User themselves granted access to Equipment or service;

Consequences of incorrect connection, configuration, operation, loss, destruction, physical damage, interference with Equipment, instructions for which were not followed.

2.9. Gardix does not provide guarantees regarding:

Uninterrupted, error-free, continuous service operation, absence of errors, bugs, cyberattacks, viruses, security threats;

Service compliance with individual expectations or specific User requirements;

That Equipment, Application, services or partner sites do not contain defects or vulnerabilities;

24/7 or permanent access to Account, Personal Cabinet or functionality.

2.10. All legal relations not regulated by this Agreement are governed by the legislation of Ukraine, and in case of international use - by the norms of private international law and public treaties, if this does not contradict public order.

2.11. Individual sections, policies, instructions, licenses, special offers, Gardix publications are an integral part of this Agreement if there is a direct reference to them.

3. USER REGISTRATION, ACCOUNT, AUTHORIZATION

3.1. User registration in the Application/Website is a mandatory condition for access to most Gardix functions, including Equipment management, connection of paid tariffs, Personal Cabinet settings.

3.2. For registration, the User must:

Provide reliable, complete, up-to-date information (name, email, phone number, country of residence, password, sometimes - VIN, serial number of car or Device);

Confirm agreement with this Agreement, Privacy Policy, other Gardix documents by clicking a special button or corresponding mark in the Application/Website;

Specify real contact data for feedback, and agree to use email, phone number for authorization, information, technical or service notifications.

3.3. Creating more than one Account per person without separate written permission from the Administrator is not allowed.

3.4. After registration, the Personal Cabinet opens to the User, where they can:

Add, configure, delete Equipment;

Manage tariffs, subscriptions, additional services;

View history of events, notifications;

Change settings, contacts, rights, permissions.

3.5. The User is responsible for storing, protecting, not disclosing their password, two-factor authentication (if provided), protecting devices and authorization tools. All actions performed from the Account are considered performed personally by the User, regardless of whether they were authorized.

3.6. In case of suspicion of password compromise, unauthorized access, hacking attempt, loss of control over the Account, the User is obliged to immediately:

Change password and, if possible, activate additional security mechanisms;

Notify Gardix support service at support@gardix.systems;

Follow all support service recommendations regarding recovery, protection, blocking or resetting account settings.

3.7. The Administrator has the right to temporarily or indefinitely block, suspend, delete the User's Account if:

False, fake, incomplete, outdated data is provided;

There is suspicion of unauthorized use, Agreement violation, abuse, fraud, destructive actions;

User systematically violates rules, policies, licenses, interferes with service or other Users;

There is a corresponding requirement from a competent state authority or court decision.

3.8. Account access restoration is carried out according to the procedure determined by the Administrator (via email, phone, support service, or - in case of loss - through personal identification, documents, confirmation of Equipment ownership).

3.9. Gardix is not responsible for consequences of unauthorized access, loss of control over the Account, if such consequences arose as a result of the User violating security requirements or not following support service recommendations.

3.10. The Administrator reserves the right to refuse registration, restoration or Account service if:

Forged or contradictory documents are provided;

Signs of fraud, malicious actions are detected;

There are unfulfilled financial obligations to Gardix or its partners.

3.11. All changes to contact data, passwords, settings, Account access levels must be timely entered by the User personally through the appropriate interface. Gardix is not responsible for losses or damages arising from untimely updating of such data.

3.12. Inquiries regarding registration, restoration, Account protection are accepted exclusively through official Gardix channels:

Email: support@gardix.systems

Online form on https://gardix.systems/

4. PAYMENT, TARIFFS, SUBSCRIPTIONS, PAID SERVICES CONDITIONS

4.1. Provision of part of Gardix functionality, as well as individual services or services, is paid and is carried out under the terms of tariff plans detailed on the Website https://gardix.systems/ and in the relevant Application sections.

4.2. The User has the right to independently choose the appropriate tariff plan, form, term, payment method, as well as additional or premium services, if available at the time of application.

4.3. Connection of a tariff or paid service is made after making an advance payment through Gardix-approved payment instruments:

Online acquiring (bank cards, Google Pay, Apple Pay, other systems periodically determined by Gardix);

Payment services/intermediaries (LiqPay, Stripe, Wayforpay, Fondy, etc.);

Bank transfer or other method agreed with the Administrator.

4.4. Gardix does not store, process or accumulate User payment data - all operations are carried out through secure gateways of payment partners who are responsible for confidentiality, encryption and protection of details.

4.5. Confirmation of payment, tariff connection, provision of access to paid services is carried out automatically after receiving information about successful payment from the payment system.

4.6. Terms, volumes, terms, cost of tariffs, packages, service provision periods are determined by the Administrator independently and may be changed unilaterally. All changes take effect from the moment of publication on the Website/Application, unless otherwise indicated in the notification or individual agreement.

4.7. Subscription to the Gardix service may provide for automatic renewal (auto-debit) after the end of the paid period. The User has the right to cancel auto-renewal in the Personal Cabinet or in the payment system settings no later than 24 hours before the end of the current period.

4.8. Refunds are possible exclusively in cases directly provided for by this Agreement, special Gardix promotions or legislation. Complaints about erroneous debits, double payments, technical errors are considered by the support service individually.

4.9. Gardix does not compensate for User losses caused by:

Incorrect entry of details or errors in payment data;

Payment system refusal to conduct transaction;

Restrictions imposed by bank, payment system, government authorities;

Internet problems, mobile communications, third-party payment partners' service.

4.10. In case of untimely payment or failure to fulfill financial obligations, Gardix has the right to restrict, suspend or completely block access to paid functionality until the full payment amount is received, without any compensation to the User for the time of such blocking.

4.11. Gardix has the right to charge fines, penalties, other sanctions in case of untimely payment or violation of subscription terms, if provided by current legislation or individual agreements.

4.12. All questions regarding tariffs, subscriptions, payments, refunds, provision of receipts, confirmations, can be raised by the User through Gardix support service:

Email: support@gardix.systems

Via online form on https://gardix.systems/

4.13. Gardix reserves the right at any time to introduce, change or cancel promotional, trial, test periods, promo codes, bonus programs, other special offers with individual conditions. Publication of such information on the Website/Application or sending a personal message to the User is confirmation of the offer.

5. EQUIPMENT USE, CONNECTION AND OPERATION

5.1. Installation, connection, configuration of Gardix Equipment, as well as compatible third-party devices, is carried out by the User independently according to official instructions provided by the manufacturer, on the Website or in the mobile application.

5.2. All devices must be certified or approved for operation with the Gardix system.

5.3. The User bears full responsibility for:

Correct connection, physical integrity, electrical safety, preservation and compliance with instruction requirements;

Use of Equipment only within the limits permitted by this Agreement, legislation and traffic rules of the country of operation;

Updating firmware, device software, if necessary for correct Gardix service operation, using only official sources.

5.4. Gardix does not control the quality, functionality, condition or technical characteristics of third-party equipment, is not responsible for the consequences of using uncertified, damaged, modified, illegal or homemade devices.

5.5. Transfer of Equipment to another person, sale of a car with an integrated device or change of owner must be formalized through the Gardix Personal Cabinet by alienation, access transfer, removal from account or change of ownership parameters, according to official instructions. All risks regarding untimely execution of this procedure are borne by the User.

5.6. Gardix has the right to refuse warranty, service support, as well as restrict functionality for Equipment that:

Failed due to incorrect connection, mechanical damage, flooding, use of non-original parts, third-party software, hacking;

Installed in violation of instructions or operating standards;

Was not properly registered in the Gardix system or does not have a confirmed serial number, IMEI, etc.

5.7. All questions related to warranty, service, connection, instructions, compatibility, must be resolved through Gardix support service.

5.8. In case of technical work necessity (server updates, software modernization, preventive maintenance, access key replacement), Gardix has the right to temporarily restrict, suspend or transfer individual service functions.

5.9. In case of detecting errors, failures, suspicious actions, potential cyber threats or vulnerabilities, the User is obliged to immediately contact Gardix support service, not distribute problem details to third parties or in open sources until its official elimination.

5.10. Gardix reserves the right to make changes to the list of supported Equipment, compatibility requirements, connection rules, notifying Users by updating information on the website/application/through personal notifications.

6. SHARED ACCESS, FAMILY/FLEET/SHARING

6.1. Gardix grants the User the right to provide shared (joint) access to individual Equipment (cars, devices, trackers) to other Gardix service users - family members, employees, partners, drivers or other authorized persons.

6.2. Shared access is functionality that allows the main equipment owner (administrator) to grant limited or full rights to another person (or several persons) for viewing, monitoring, management, settings changes, receiving notifications, without transferring full ownership of the Equipment.

6.3. Procedure for granting shared access:

Provision is carried out through the User's Personal Cabinet, by invitation to email or phone number of another person (who must create a Gardix account);

The main owner chooses the level of rights (for example: monitoring only, partial management, full management), access validity period;

The invited User accepts the invitation through the application/SMS/email and receives rights according to specified restrictions.

6.4. The number of persons simultaneously granted shared access, and the maximum number of devices are determined by Gardix taking into account the tariff plan, security policy, system technical capabilities and restrictions that are periodically updated.

6.5. The main owner has the right at any time to change shared access parameters, restrict or cancel another person's rights, view invited users' action history, as well as block shared access without explanation.

6.6. Gardix maintains an event log/action history (logs) that records all facts of granting, canceling, changing access rights, as well as actions of shared users with equipment, settings, receiving notifications and device management. These logs can be used to investigate incidents, disputes, claims and to increase service security level.

6.7. All actions of persons who received shared access to Equipment are considered performed with the main owner's permission; responsibility for such actions (including illegal, careless, erroneous or fraudulent actions of invited persons) is borne by the User who granted access.

6.8. Gardix is not responsible for damages, losses, failures, settings changes, data compromise, damage, access loss or other negative consequences arising from actions/inaction of persons invited by the User, even if the User was not informed about their actions.

6.9. Any disputes, incidents, complaints related to shared access are considered by Gardix support service only after confirmation of the main Equipment owner's identity and provision of complete information about action logs, invited persons, settings, access parameters.

6.10. The User does not have the right to grant shared access to persons under 18 years of age, legal or natural persons acting in violation of this Agreement, tariff conditions, legislation, or who received a ban from Gardix.

6.11. Gardix has the right to restrict, suspend, cancel shared access to equipment in case of:

Detection of fraudulent, malicious, dangerous actions;

Requirements of competent authorities, court decisions, official requests;

Technical, service, legal reasons, including the need to update policies, security, introduce new restrictions, change legislation.

6.12. All notifications about access rights changes, joint operation, access termination/blocking, are sent to the User through the application, email, push or SMS. Absence of such notifications is not grounds for invalidating actions/changes if they were performed through the Personal Cabinet or confirmed by Gardix logs.

7. RIGHTS, PROHIBITIONS, USER RESTRICTIONS, ANTI-FRAUD MEASURES

7.1. The User has the right to:

Use Gardix and equipment within the limits defined by this Agreement, tariffs, instructions, policies;

Connect, configure, change, delete equipment, manage access parameters, event history, receive service support;

Use paid and free functionality according to subscription terms;

Transfer equipment to ownership or use of another person in compliance with this Agreement, Gardix instructions, legislation;

Contact support service with requests, complaints, suggestions, questions, transactions, changes.

7.2. The User does NOT have the right to:

Interfere with program code, database structure, work algorithms, interfaces, communication protocols, hardware of Gardix and partners;

Use the service for any actions that directly or indirectly violate legislation, third party rights, Gardix policies, including fraud, tracking without consent, theft attempts, phishing, creating fake accounts, using botnets;

Conduct reverse engineering, decompilation, hacking, penetration testing without written permission from Gardix, create or distribute malicious software or scripts that affect the functioning of Gardix or partner services;

Commit actions that may lead to confidentiality, security, integrity, data or service availability violation (DDoS, flooding, mass attacks, brute-force, spam mailings, etc.);

Collect, copy, transfer, distribute personal data of other Users, including for commercial, advertising, harmful or illegal activities;

Use Gardix for control, monitoring, tracking of third parties without their explicit written or electronic consent, including for purposes of blackmail, persecution, privacy violation, illegal information obtaining;

Bypass, violate or neutralize security mechanisms, licenses, access restrictions, technical or administrative control;

Transfer or rent/sublicense access to Account, Personal Cabinet, Equipment, mobile application, including for money or other benefit.

7.3. Gardix reserves the right to:

Monitor, audit, perform automated and manual analysis of User actions, event logs, connection history, access, settings for prevention, detection, investigation and stopping fraud, abuse, policy violations, technical or legal risks;

Involve third parties, law enforcement agencies, partner analytical services in analysis/investigation;

Block, restrict, suspend or completely delete Account, Equipment, devices, User subscriptions if violations of this Agreement, security policies, fraud acts, illegal actions are detected, regardless of actual harm or damage occurrence.

7.4. Gardix has the right without prior User notification to:

Temporarily or permanently disconnect or restrict device, application, account functionality in case of detecting signs of harmful, dangerous or unauthorized use;

Transfer log files, connection history, data on suspicious actions to competent authorities, upon request or on own initiative, in the manner determined by current legislation.

7.5. Gardix is not responsible for any actions or inaction of the User, persons to whom they granted access, as well as third parties who gained access to Equipment, account, personal data, if such actions became possible through the User violating this Agreement, instructions, security rules, negligence, data transfer to other persons, as well as through hacking or device loss.

7.6. In case of detecting vulnerabilities, bugs, suspicious actions or potential security threat, the User is obliged to immediately notify Gardix through official support service, not disclose problem information to third parties or in open sources until official confirmation and resolution.

7.7. Gardix has the right to implement automatic, manual, software restrictions on service use (speed-limits, connection limits, restrictions on number of devices, sessions, access level, etc.) to prevent fraud, protect stability and security.

7.8. All actions not directly permitted by this Agreement, Gardix policies or legislation are considered prohibited until receiving separate written permission from the Administrator.

8. PERSONAL DATA, PRIVACY, INFORMATION SECURITY, PRIVACY POLICY

8.1. Gardix undertakes to ensure an appropriate level of User personal data protection, in accordance with Ukrainian legislation, international standards (GDPR, Digital Services Act, ePrivacy Directive), as well as its own Privacy Policy, which is an integral part of this Agreement.

8.2. Gardix collects, stores, processes, uses the following categories of User personal data (list may be expanded depending on functionality):

Name, surname, patronymic, nickname (if set);

Contact data: email, phone number, country/city of residence;

Vehicle data (brand, model, VIN code, license plate, year of manufacture, special features);

Equipment data (serial number, IMEI, MAC address, other device identifiers, settings, connection history);

Data on actions in Application/Website (history, settings, requests, sessions, IP addresses, cookies, browser information, OS versions, device);

Geolocation data, movement tracks, route history, statuses, events, notifications (within limits provided by User and tariff);

Payment transaction data (fact, amount, date, status, payment system details - Gardix does not store full card data, CVV, passwords).

8.3. Purpose of personal data processing:

Providing access to service functionality, Equipment, Personal Cabinet, subscriptions, monitoring, settings;

Conducting identification, authorization, fraud protection, abuse, history preservation, security provision;

Informing about changes, updates, promotions, service and technical notifications (push, email, SMS, phone);

Service improvement, new product development, analytics, marketing, statistics, audience segmentation, feedback support;

Fulfilling legislative requirements, dispute resolution, request consideration, responding to official requests from competent authorities.

8.4. Gardix has the right to involve partners, contractors, cloud providers, payment systems, marketing agencies for User data processing, but only within the limits necessary for service operation, payment execution, notification sending, analytics. Transfer of personal data beyond EU, Ukraine borders, or to "third countries" is carried out only with guarantee of appropriate protection level according to international standards.

8.5. Gardix implements a complex of organizational and technical protection measures:

Use of data encryption in transit and storage;

Authentication, authorization, access monitoring mechanisms, system action audit, event logs;

Server protection, backups, multi-level passwords, hacking attempt detection, DDoS/cyberattack countermeasures;

Regular software updates, vulnerability analysis, policy audit, staff training.

8.6. The User has the right to:

Obtain access to their personal data, demand their correction, update, processing restriction, deletion ("right to be forgotten");

Demand transfer of their data to another operator ("right to portability");

Withdraw consent to personal data processing at any time (subject to consequences specified in this Agreement);

File complaint in case of personal data protection rights violation (to Gardix support service, Human Rights Commissioner, National Agency for Personal Data Protection or other body determined by law).

8.7. Gardix does not disclose personal data to third parties, except when:

This is directly provided by law or requirement of competent authority (for example, police, court, SBU, tax authorities, within investigation);

Necessary for service operation, payment execution, notification sending, technical support;

Transfer is carried out in depersonalized (anonymized) form for statistics, analytics, marketing or scientific research.

8.8. Personal data storage period is determined by purposes for which they were collected, account validity periods, legislative restrictions, Gardix policy, but does not exceed 5 (five) years from account deletion date, unless otherwise established by law. After this period expires or upon official User request, data is deleted, depersonalized or archived in accordance with GDPR standards and Ukrainian legislation.

8.9. Gardix is not responsible for actions of third parties who gained access to User personal data through the latter violating this Agreement rules, using unreliable devices, passwords, cloud services, as well as through force majeure circumstances, government authorities' actions/inaction, infrastructure failures.

8.10. Inquiries regarding personal data, privacy, privacy policy, as well as filing complaints or requests, are made through:

Email: support@gardix.systems

Online form on https://gardix.systems/

9. INTELLECTUAL PROPERTY, LICENSE TERMS, COPYRIGHT, COMMERCIAL USE

9.1. All property and non-property intellectual property rights to Gardix mobile application, software, website, algorithms, databases, source code, interfaces, design, logos, trademarks, trade names, documentation, instructions, marketing materials, texts, graphics, audio, video and other results of creative activity belong exclusively to LLC "GARDIX", unless otherwise directly specified in this Agreement or corresponding license.

9.2. The User receives a limited, non-exclusive, revocable, non-transferable license to use the mobile application, software, interfaces, Gardix Equipment exclusively within the limits defined by this Agreement, chosen tariff plan, instructions, policies, without the right to copy, decompile, modify, resell, create derivative products, sublicensing, distribution, engineering, or commercial exploitation.

9.3. No rights to source code, algorithms, technical documentation, API, Gardix software protocols are transferred to the User automatically or through service access provision, unless otherwise established by separate written license agreement with the Administrator.

9.4. All Gardix intellectual property objects are protected in accordance with Ukrainian legislation, international agreements, Paris Convention, Berne Convention, EU Copyright Directive, Digital Millennium Copyright Act (DMCA), patent, trade and copyright laws. Any use, copying, citation, repost, adaptation, modification, publication, reverse engineering or creation of derivative works based on Gardix without written permission from the Administrator is a violation of legislation and grounds for judicial protection of the company's rights.

9.5. The User undertakes not to perform any actions that may lead to illegal use, copying, decompilation, reverse engineering, resale, transfer, sublicensing, publication, indexing, commercialization of any Gardix parts, unless directly permitted in writing by LLC "GARDIX".

9.6. Gardix has the right to implement software, technical, organizational means of intellectual property protection (DRM, digital signatures, license keys, verification, blocking, watermarking, functionality restrictions) without separate User notification.

9.7. Any use of Gardix brand, logos, domain names, corporate style, design, marketing materials for commercial, advertising, partnership or public purposes is possible only with written consent of LLC "GARDIX" or corresponding license.

9.8. In case of detecting intellectual property rights violation, Gardix has the right to appeal to court, law enforcement agencies, trading platform administrations, search engines, domain registrars, hosting providers, international organizations to protect its rights, block/remove illegal content, compensate damages and stop violation.

9.9. The User undertakes to promptly inform Gardix about any detected facts of copyright, related, patent rights violation, illegal brand use, copying, creation of phishing, fake, fraudulent or cloned Gardix versions, transfer all available information for investigation.

10. PARTY LIABILITY, LIMITATIONS, WARRANTY DISCLAIMER, SERVICE ROLE

10.1. Gardix is not a security company, does not provide physical security, does not guarantee prevention of theft, damage, loss of vehicle, property, personal belongings, does not organize alarm response, does not act as guarantor of User, family members, third parties' life, health or property security.

10.2. Gardix service, Equipment, Application, interfaces, sites, partner services, software are provided to User "as is", without any direct or indirect guarantees of fitness for particular purpose, continuity, error-free operation, constant availability, expectation compliance, availability of all desired functions or capabilities.

10.3. Gardix does not guarantee and is not responsible for:

Failures, delays, service, application, Equipment refusals, mobile operators, communication channels, Internet, third-party platforms, cloud providers;

Direct, indirect, incidental, consequential, special, punitive damages, profit loss, reputational losses, moral damage, lost profit, data loss/damage, business or personal process interruption of User, even if Gardix was informed about possibility of such losses;

Consequences of third party interference, hacking, DDoS, cyberattacks, phishing, virus influence, equipment damage, actions or inaction of partners, dealers, service centers, payment systems, government authorities, mobile operators;

Actions or inaction of User, their representatives, persons granted shared access, family members, employees, partners, drivers who use devices or gained data access through unauthorized transfer, password loss, negligence, security neglect;

Refusal or delay in obligation fulfillment due to force majeure (see next section).

10.4. The User agrees that they independently, fully and finally bear all risks associated with equipment, application, service operation, make decisions about notification response, monitoring, function connection/disconnection, equipment transfer, shared access use, etc.

10.5. Gardix reserves the right without prior agreement with User to:

Temporarily or permanently suspend, restrict, update, change, cancel any functions, services, modules, tariffs due to technical, organizational, commercial, security, legal or force majeure circumstances;

Transfer, archive, delete data, log files, settings, history, when closing service, subscription expiration, legislation change or at government authorities' request, court;

Implement new/alternative authentication means, access restrictions, DRM, blocking, security audit;

Transfer User data, including personal and technical, to official government authorities in cases provided by legislation.

10.6. Gardix is not responsible for losses, damages, moral or material harm caused to User as a result of:

Erroneous/delayed notification, signal absence, incorrect coordinate determination, service or individual function unavailability;

Incorrect equipment use/connection/operation, independent device interference, instruction violation, use of uncertified or third-party devices;

User violation of this Agreement, policies, instructions, support service requirements, security measures, confidentiality violation, password, access transfer to other persons;

Actions of persons granted shared access, as well as any cases of service use contrary to this Agreement.

10.7. Gardix does not guarantee that service, application, equipment, sites or partner services will be fully protected from all cyber threats, viruses, malicious programs, hacker attacks, forgery, copying, illegal distribution. Gardix implements modern protection measures but does not guarantee absolute data or property security.

10.8. Any information, recommendations, technical, service or marketing support provided to User is not individual legal, expert, financial, insurance, security or engineering consultation.

10.9. All requirements, complaints, claims regarding Gardix liability must be submitted in written form through official channels (email, online form, postal message) and considered in the manner established by this Agreement.

10.10. Gardix reserves the right to change liability level, restrictions, compensation procedure in accordance with legislation, policy changes, technical capabilities, commercial strategy. All changes take effect from publication moment of new Agreement edition on Website.

11. FORCE MAJEURE, FORCE MAJEURE, NOTIFICATION PROCEDURE, OBLIGATION TERMINATION

11.1. Parties are released from liability for full or partial non-fulfillment of obligations under this Agreement if such non-fulfillment resulted from force majeure circumstances (force majeure) that arose after this Agreement conclusion and could not be foreseen or eliminated by reasonable means.

11.2. Force majeure circumstances include (but are not limited to):

Natural disasters (earthquakes, floods, hurricanes, downpours, fires, droughts, lightning, etc.);

War, military actions, sabotage, terrorist acts, mass riots, strikes, blockades, embargo, state of emergency introduction;

Government authority decisions, legislation changes, government acts, account blocking, sanctions;

Man-made accidents, large-scale cyberattacks, DDoS attacks, viral or hacker attacks on Gardix or partner infrastructure, critical internet failures, energy collapses, power supply cessation, other similar emergency events.

11.3. The party that experienced force majeure is obliged no later than 7 (seven) calendar days from such circumstances occurrence date to notify the other party in writing (via email, online form, official letter) about their occurrence, approximate duration, predicted consequences, and provide official confirmation from competent authority/Chamber of Commerce and Industry.

11.4. Force majeure occurrence is grounds for postponing obligation fulfillment for the period of such circumstances and their consequences elimination, but does not release from obligation to fulfill financial settlements that arose before force majeure commencement.

11.5. If force majeure continues for more than 30 (thirty) consecutive calendar days, each Party has the right to initiate early termination of this Agreement unilaterally by written notification to the other party. In this case, settlements are made on the date of actual Agreement termination.

11.6. In case of obligation fulfillment possibility restoration after force majeure cessation, Parties in the shortest time agree on service restoration procedure, obligation fulfillment and resolution of all disputed issues that arose due to force majeure.

11.7. Any notifications, claims, appeals, initiatives about force majeure occurrence, termination, as well as Agreement termination/restoration requirements are submitted in written form to Gardix official address specified in this Agreement, or to email address support@gardix.systems. Electronic notification is recognized as official if sent from registered User account and confirmed by Gardix support service.

12. DISPUTE RESOLUTION, CLAIMS, JUDICIAL PROCEDURE, JURISDICTION

12.1. All disputes, disagreements or requirements arising in connection with execution, interpretation, termination, invalidity of this Agreement are resolved, if possible, through negotiations, mutual consultations, submission of requests to Gardix support service (support@gardix.systems), exchange of written or electronic claims.

12.2. Written claim must contain:

User data, claim essence, grounds, circumstances description, evidence, screenshots, date, signature (for legal entities - seal);

Indication of contact data for response, copies of supporting documents, receipts, logs, event history (if available);

Detailed proposal regarding dispute settlement method (if desired).

12.3. Gardix undertakes to consider substantiated claim within no more than 100 (one hundred) calendar days from receipt date and send User response through official channels. If dispute could not be resolved through negotiations/claims - parties proceed to judicial procedure.

12.4. All disputes not settled through negotiations or pre-trial claim procedure are subject to consideration in Ukrainian courts at LLC "GARDIX" registration place (Kyiv city), unless otherwise provided by law or separate written agreement between parties. Jurisdiction choice for international Users is carried out according to private international law norms, but Ukrainian legislation is preferred.

12.5. Gardix does not accept claims or lawsuits filed in violation of this Agreement requirements, without prior pre-trial settlement, as well as anonymous, unsigned, those not containing contact data, evidence or circumstances description.

12.7. Court decision that has entered into legal force is binding for parties' execution. Gardix reserves the right to appeal court decision, file appeal or cassation complaints in established procedure.

12.8. Contact information for dispute resolution and claims:

Email: support@gardix.systems

Legal address: 02099, Ukraine, Kyiv city, Zroshuvalna str., building 6, office 25

13. UPDATE, VALIDITY, TERMINATION AND AGREEMENT CESSATION

13.1. This Agreement enters into force from User acceptance moment (registration in Application/Website, Equipment connection, consent confirmation in interface or otherwise) and is valid throughout Gardix service use period or until its validity termination according to this section rules.

13.2. Gardix has the right at any time to change, supplement, update this Agreement text, as well as policies, tariffs, service structure, service provision procedure, scope of parties' rights and obligations, without prior individual agreement with User. Updated version enters into force from its publication moment on official Gardix website, unless otherwise separately provided.

13.3. The User is obliged to independently and regularly familiarize themselves with current Agreement, policies, tariffs, other Gardix public documents version. Continued service use after Agreement update means unconditional User consent to new terms.

13.4. The User has the right at any time to terminate this Agreement for themselves, refuse Gardix service by:

Account deletion through Personal Cabinet;

Sending written or electronic statement about service use refusal (to email support@gardix.systems);

Application, equipment, service use cessation, with mandatory fulfillment of financial obligations that arose before this action moment.

13.5. Gardix has the right to terminate this Agreement unilaterally, including through Account blocking, service access cessation, equipment deletion/deactivation, in cases of:

User violation of this Agreement, policies, instructions, court decisions, government authority requirements;

Suspicion of fraudulent, malicious, illegal actions;

Systematic tariff non-payment, bonus or promotional offer abuse;

Technical, organizational, legal, force majeure circumstances occurrence that make Agreement obligations fulfillment impossible.

13.6. Upon this Agreement validity termination, User is obliged to independently delete Gardix mobile application, deactivate/disconnect equipment, cease personal data, services use, including destroy all documentation, marketing materials copies, not use logos, design, interfaces, API, other Gardix elements after Agreement validity termination date.

13.7. All financial obligations that arose before Agreement validity termination moment are subject to parties' fulfillment in full volume according to tariffs, policies, payment confirmations, invoices, receipts, supporting documents.

13.8. Gardix does not make refunds, except for cases directly provided for by this Agreement, policies or Ukrainian legislation. Refund is made on the basis of User written request and Administrator decision, within terms determined by law.

13.9. All provisions of this Agreement that by their nature should remain valid after validity termination (intellectual property protection, liability limitations, dispute settlement procedure, personal data protection, sanctions, financial settlements, compensation, rights and restrictions) remain valid until corresponding obligations' complete fulfillment.

14. CONTACTS, DETAILS, LEGAL INFORMATION

LLC "GARDIX" Legal address: 02099, Ukraine, Kyiv city, Zroshuvalna str., building 6, office 25 Registration number: 45229992 Email: support@gardix.systems Website: https://gardix.systems

Update date: 21.07.2025