Customer Terms Of Service

I. Additional terms for Customers using ID-scanning product

1. Scope: These terms apply to any Customer who has executed an agreement with AnyRoad for its ID-scanning product.
   

2. Indemnification: Customer shall indemnify, defend, protect, hold harmless, and release AnyRoad, its officers, agents, and employees, from and against any and all claims, loss, proceedings, damages, causes of action, liability, costs, or expense (including attorneys’ fees and witness costs) arising solely from or in connection with the use or misuse of AnyRoad’s ID-scanning product, or use of the product in a manner not intended by AnyRoad. Notwithstanding the foregoing, any claims, loss, proceedings, damages, causes of action, liability, costs, or expense arising from data privacy issues shall be exclusively governed by the applicable Data Processing Agreement (DPA) executed between the parties. This indemnification includes, but is not limited to, claims related to the improper collection or storage of personally identifiable information or violations of privacy laws related to the Customer’s use of the ID-scanning product. This indemnification obligation is strictly limited to circumstances of misuse or unauthorized use of the ID-scanning product as described herein and shall not extend to any act, omission, or negligence of Customer or its agents, employees, contractors, subcontractors, or invitees not directly related to the use of the ID-scanning product. This indemnity provision survives the termination or expiration of the Agreement.
3. Limitation of Liability: Except as provided under this Agreement, Customer agrees that AnyRoad’s liability to Customer for damages, if any, shall not exceed the charges under the applicable Order Form between AnyRoad and Customer during the twelve (12) months immediately preceding the date when the alleged damages began; provided, however, AnyRoad’s liability to Customer for damages arising out of any breach or inappropriate use, disclosure, or access of Customer Data shall not exceed the charges under the applicable Order Form during the twelve (12) months immediately preceding the date when the alleged damages began. Such limitation does not apply to AnyRoad’s obligations under Section 9 of this Agreement.