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Terms and Conditions

Last updated October 16, 2026. These are the terms from the app, word for word.

PELICAN: AUTOMOTIVE ASSISTANT

TERMS AND CONDITIONS

Last updated on October 16, 2026.

Thank you for choosing Pelican, a mobile application (hereinafter referred to as “Mobile App” or “Pelican”), and its associated websites (such as https://pelican.clutch.engineering/). The Mobile App acts as a personal automotive assistant, linking with your vehicle’s On-Board Diagnostic (“OBD”) system to provide you with information, reminders and support geared at improving your driving experience, and ensuring proper maintenance of your vehicle. The Mobile App also provides navigation features, including map display, routing, and the display of speed limits and summaries of local driving rules and traffic laws (see Section 4 below). As part of the Connected Vehicle Services offered through the Mobile App, Pelican provides Users with an online community where they may share information relating to their drive, road conditions and more (the “Community”), allowing Users to get more out of their driving experience. These Terms and Conditions (the “Terms”), and the Pelican Privacy Notice below (the “Privacy Notice”) set forth the terms on which fearless design, LLC, a California limited liability company (“Fearless”, “we”, “our” or “us”) will provide you (“User” “you” or “your”) access to and use of the Mobile App and the Connected Vehicle Services (including the Community), and how we collect, use, and share your Personal Information (defined below) in connection with these services.

DISTRACTED DRIVING IS VERY DANGEROUS. ALWAYS DRIVE IN ACCORDANCE WITH TRAFFIC LAWS AND IN A MANNER THAT IS APPROPRIATE AND SAFE FOR ROAD AND TRAFFIC CONDITIONS. ANY INTERACTION WITH THE MOBILE APP WHILE OPERATING A MOTOR VEHICLE IS STRICTLY FORBIDDEN. ANY CONTRIBUTIONS MADE TO THE PELICAN COMMUNITY OR OTHER INTERACTIONS WITH THE MOBILE APP SHOULD ONLY BE MADE WHILE YOUR MOTOR VEHICLE IS NOT IN MOTION AND IS IN A LOCATION PERMITTED BY LAW. PASSENGERS OTHER THAN THE DRIVER MAY INTERACT WITH THE MOBILE APP WHILE THE MOTOR VEHICLE IS IN MOTION, PROVIDED ANY SUCH INTERACTION DOES NOT DISTRACT THE DRIVER’S ATTENTION FROM THE ROAD AND DOES NOT INTERFERE WITH THE DRIVER’S OPERATION OF THE MOTOR VEHICLE.

ALL INFORMATION DISPLAYED BY THE MOBILE APP, INCLUDING MAPS, ROUTES, TRAFFIC, SPEED LIMITS, AND SUMMARIES OF DRIVING RULES, TRAFFIC LAWS, OR PENALTIES, IS PROVIDED FOR GENERAL REFERENCE AND PLANNING PURPOSES ONLY. IT IS NOT LEGAL ADVICE AND IS NOT A SUBSTITUTE FOR YOUR OWN KNOWLEDGE OF, AND COMPLIANCE WITH, APPLICABLE LAWS. ACTUAL CONDITIONS MAY DIFFER, AND THE INFORMATION DISPLAYED BY THE MOBILE APP IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. POSTED SIGNAGE, TRAFFIC CONTROL DEVICES, OFFICIAL GOVERNMENT SOURCES, DIRECTIONS FROM LAW ENFORCEMENT, AND APPLICABLE LAW ALWAYS CONTROL; IF ANY OF THEM DIFFERS FROM INFORMATION DISPLAYED BY THE MOBILE APP, YOU MUST DISREGARD THE MOBILE APP AND FOLLOW THEM. YOU ARE SOLELY RESPONSIBLE AT ALL TIMES FOR OPERATING YOUR VEHICLE LAWFULLY AND SAFELY.

YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

THESE TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND FEARLESS AND INCLUDE A DISPUTE RESOLUTION AND ARBITRATION PROVISION UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THESE TERMS CAREFULLY. By indicating acceptance of these Terms, or by downloading, installing or using the Mobile App or any of the Connected Vehicle Services, you are entering into a legally binding agreement with Fearless. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISION IN SECTION 21, AND THE PRIVACY NOTICE, DO NOT USE THE CONNECTED VEHICLE SERVICES, AND IMMEDIATELY DELETE AND PURGE THE MOBILE APP FROM YOUR MOBILE DEVICE.

1. Description of the Mobile App

Pelican gives you access to interactive features and digital services that are intended to enhance your user experience when operating and maintaining your vehicle (“Connected Vehicle Services”). The Connected Vehicle Services include, without limitation, navigation and map display, routing, the display of Navigation Content, Speed Limit Information, Road Rules Information, and Enforcement Information (each as defined in Section 4 below), and Remote Features, Vehicle Data, and Trip Records (each as defined in Section 5 below). As part of the Connected Vehicle Services offered by Pelican, users may access, view and make Contributions to the Community. Users may, but are not required to, create a Pelican Account in connection with their use of the Mobile App. You understand and agree that the Mobile App and the Connected Vehicle Services are provided on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security, accuracy, completeness, or reliability of all, or any portion of, the Mobile App and/or Connected Vehicle Services. We also reserve the right to modify, suspend, or discontinue the Mobile App or any feature of the Mobile App, including all or any portion of the Connected Vehicle Services or Pelican Account capabilities, with or without notice, at any time, and without any liability to you.

2. Access to Mobile App

You may download the Mobile App free of charge using the Apple App Store. The Mobile App and Connected Vehicle Services are made available to you for your personal use only. In connection with your download of the Mobile App, Fearless may request the first and last name and email address (“User Information”) associated with your Apple App Store or Apple, Inc. account (collectively, “Apple”) from Apple. All other information provided by you to Apple as part of the download process will not be shared with or retained by Fearless (see Section 13 below).

3. Description of the Pelican Community

All users of the Mobile App are provided with access to the Community, regardless of whether they create a Pelican Account. Users may report information to the Community using tools available through the Mobile App. As of the date set forth above, examples of information that may be reported by Users to the Community utilizing the report tools embedded within the Mobile App include traffic, hazards in the road, police presence, road closures, lane closures, accidents, bad weather, gas prices, business hours of operation, map issues, and corrections or updates to displayed speed limits or Road Rules Information (each, a “Report”). Users may also upload photographs of map locations (“Photographs”) and submit reviews for businesses (“Reviews” and, together with Reports and Photographs, “Contributions”). Pelican reserves the right to modify, remove or restrict access to the tools necessary to make Contributions within the Mobile App at any time, for any reason or no reason at all, and with or without notice. All Contributions made by Users without a Pelican Account will be anonymous, while Contributions made by Users having a Pelican Account will be associated with the username associated with such account (see Section 12.b. below).

4. Navigation Content, Speed Limits, and Road Rules Information

a. Navigation Content Generally; Actual Conditions; Assumption of Risk

The Mobile App displays maps, routes, driving directions, traffic information, points of interest, road attributes, and related content (collectively, “Navigation Content”). Navigation Content is compiled from a variety of sources, including third-party map data providers, OpenStreetMap and its contributors, government and other public data sources, commercial data licensors, automated systems, and Contributions made by Users. Fearless does not independently verify Navigation Content, and errors, omissions, and inaccuracies are inherent in any service that aggregates map and road data from multiple sources, including community-based sources.

When you use Navigation Content, you may find that actual conditions differ from what is displayed, including as a result of weather, construction, traffic, special events, and the passage of time: roads may be closed, altered, under construction, or missing; routes may be impassable, unlawful, or unsafe; traffic conditions may differ; and displayed road attributes may be outdated or incorrect. You agree to exercise your own independent judgment at all times, to observe actual road and traffic conditions, and to use the Navigation Content at your own risk. Navigation Content and location data are provided for basic navigational assistance and planning purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed, or incomplete data may lead to death, personal injury, or property or environmental damage.

Routes and driving directions are suggestions only and are not a replacement for your own attentiveness and good judgment. Do not follow a route suggestion if doing so would be unlawful or unsafe, including entering a closed road, traveling against the direction of traffic, or performing a prohibited maneuver. If information presented on the road (including traffic lights, signage, lane markings, or directions from law enforcement or other officials) differs from information displayed by the Mobile App, you must disregard the Mobile App and follow the information presented on the road.

b. Speed Limit Information

The Mobile App may display speed limit information for roads (“Speed Limit Information”). Speed Limit Information is derived from the data sources described in Section 4.a. and may be inaccurate, incomplete, or outdated. Without limiting the foregoing, Speed Limit Information may fail to reflect: recently changed limits; temporary limits; construction, work zone, or school zone limits; variable or dynamic limits; time-of-day, vehicle-class, or weather-conditional limits; or limits established by local ordinance or posted signage. Speed Limit Information is provided for information only and does not replace your obligation to abide by all posted speed limit signs and to use safe driving judgment at all times, and Fearless is not responsible for any traffic fines or citations that you may receive for failing to follow applicable traffic laws and signs. THE POSTED SPEED LIMIT AND APPLICABLE LAW ALWAYS CONTROL. YOU MUST NEVER RELY ON THE MOBILE APP TO DETERMINE THE LAWFUL OR SAFE SPEED AT WHICH TO OPERATE YOUR VEHICLE.

The Mobile App may display summaries of driving rules, traffic laws, regulations, and associated penalties or fines applicable to particular jurisdictions, which may include citations or links to statutes, codes, ordinances, or other legal sources (“Road Rules Information”). Road Rules Information is provided for general reference and informational purposes only. You understand and agree that:

  1. Road Rules Information is not legal advice. Fearless is not a law firm, does not provide legal services, and no attorney-client relationship is created by your use of the Mobile App. If you require advice regarding traffic laws or their application to your circumstances, consult a licensed attorney or official government sources;

  2. Laws, regulations, and penalties change frequently and vary by jurisdiction, and Road Rules Information may be incomplete, simplified, outdated, incorrectly attributed to a jurisdiction, or otherwise inaccurate. Summaries necessarily omit exceptions, conditions, and nuances contained in the underlying law;

  3. The jurisdiction identified by the Mobile App as applicable to your location is determined automatically and may be imprecise, particularly near jurisdictional boundaries, and the rules of a different jurisdiction may in fact apply to you;

  4. Municipalities and other local authorities may impose rules that differ from, and supersede, state, provincial, or national default rules, and specific locations may be governed by posted signage, traffic control devices, temporary orders, or directions from law enforcement or other officials, all of which control over any Road Rules Information displayed by the Mobile App;

  5. Any description of penalties, fines, points, or other consequences is illustrative only, may not reflect current amounts or ranges, and is not a prediction or guarantee of any enforcement outcome, which depends on the circumstances and the discretion of enforcement authorities and courts; and

  6. You are solely responsible at all times for knowing and complying with the laws, rules, and regulations applicable to you and your operation of a vehicle. The availability of Road Rules Information does not shift that responsibility to Fearless in any respect.

d. Enforcement Information; Jurisdictional Restrictions

The Mobile App and the Community may make available Reports or other information concerning the presence of law enforcement, enforcement cameras, or other traffic monitoring measures (“Enforcement Information”). Enforcement Information is provided for general awareness only and may be inaccurate, incomplete, or outdated. The use, display, or possession of features that reveal traffic monitoring measures is restricted or prohibited in some jurisdictions and may carry significant fines or other penalties. It is your sole responsibility to determine whether the use of any such feature is lawful in the jurisdiction where you are driving, and to refrain from using any such feature where its use is not lawful. Fearless will not defend, hold harmless, or indemnify you for, and shall have no liability arising from, any penalty imposed in relation to your use of Enforcement Information.

e. No Duty to Update; Reporting Inaccuracies

Fearless has no obligation to update, correct, or maintain any Navigation Content, Speed Limit Information, Road Rules Information, or Enforcement Information, and may add, modify, or remove any such information at any time, with or without notice. If you believe any information displayed by the Mobile App is inaccurate, you may report it through the tools available in the Mobile App or by contacting us at privacy@clutch.engineering.

f. Assumption of Risk; Release

To the maximum extent permitted by applicable law, you assume all risk arising from your use of, or reliance upon, Navigation Content, Speed Limit Information, Road Rules Information, and Enforcement Information, and you agree that Fearless shall have no liability to you for any citation, ticket, fine, penalty, license consequence, accident, injury, death, or property damage, or any other loss or damage of any kind, arising from or relating to such use or reliance, including any inaccuracy, incompleteness, untimeliness, or unavailability of such information.

5. Vehicle Data, Remote Features, and Trip Records

a. Remote Features and Vehicle Commands

The Mobile App may allow you to view vehicle information and send commands to compatible vehicles, such as locking or unlocking, climatization, waking the vehicle, and managing charging schedules (“Remote Features”). Remote Features depend on wireless connectivity, vehicle compatibility, the vehicle’s electrical system (including adequate battery power), and services operated by your vehicle’s manufacturer or other third parties, and may be delayed, fail, or be unavailable at any time. Never rely on the Mobile App as your only means of accessing or controlling your vehicle. Vehicle status displayed by the Mobile App (such as lock status, location, or charge level) may be delayed, incomplete, or incorrect; always verify the vehicle’s actual state directly before relying on it. It is your responsibility to ensure that any use of a Remote Feature is safe and lawful where the vehicle is located, including compliance with laws restricting remote starting, idling, or unattended operation. Never use Remote Features in a manner that could endanger any person or animal, including a child or pet left in a vehicle; climate control activated remotely may switch off at any time without notice. The Mobile App is not a security or anti-theft system and does not prevent theft of, or damage to, your vehicle or its contents. Additional terms from your vehicle’s manufacturer or connected-service provider apply to their services (see Section 18 below).

b. Vehicle Data and Diagnostics

The Mobile App may display vehicle data, diagnostic information, trouble codes, battery and fuel information, tire pressures, and maintenance reminders (“Vehicle Data”). VEHICLE DATA MAY BE INACCURATE, INCOMPLETE, OR DELAYED, AND YOU USE IT AT YOUR OWN SOLE RISK. Vehicle Data is not designed to detect every condition that may affect the operation or safety of your vehicle, and maintenance reminders are provided as a convenience only; you remain responsible for maintaining your vehicle in accordance with its owner’s manual. Vehicle Data and any related suggestions are for general informational purposes only, are not repair advice, and are not a substitute for the professional judgment of a trained automotive repair expert. Consult a trained automotive repair expert before performing any work on a vehicle or deciding not to address a potential problem, and before relying on any diagnostic result, including for any emissions or safety inspection.

c. Scanner Hardware

Certain features require a third-party OBD scanner or similar accessory (“Scanner”). Your use of a Scanner is at your own risk and subject to the Scanner manufacturer’s instructions and terms. Only connect or disconnect a Scanner while the vehicle is parked, and do not interact with a Scanner while driving. A Scanner that remains connected may draw power from the vehicle’s battery, and use of a Scanner may affect the behavior of vehicle electronics. To the maximum extent permitted by applicable law, Fearless is not responsible for any damage to a vehicle, its battery, or its electrical or electronic systems, or for any effect on your vehicle’s warranty, arising from the use of a Scanner or from communications with your vehicle’s OBD system.

d. Trip and Mileage Records

The Mobile App may record trips, journeys, distances, locations, and related statistics (“Trip Records”). Trip Records are estimates derived from device sensors and location data, may be incomplete or inaccurate, and trips may fail to record at all. Trip Records are provided for your personal reference only and are not tax, accounting, or legal advice. If you intend to rely on Trip Records for tax, reimbursement, business, insurance, or legal purposes, you are solely responsible for verifying their accuracy and completeness and for complying with the requirements of the relevant authority, and you should consult a qualified professional.

e. Weather and Hazard Information

The Mobile App may display weather information and hazard information, such as wildfire, flood, closure, or other emergency-related information. Such information may be inaccurate, incomplete, or delayed, and may originate from unofficial sources. Wildfire extents, hotspots, and similar hazard areas may be derived from satellite-based detections and automated processing; due to the spatial resolution, latency, and other characteristics of such data, displayed extents are approximations only. They may not reflect a fire’s actual boundary, may include areas that are not burning, may omit areas that are, and must not be used for tactical decision-making or to determine conditions at a local scale, including whether any specific location, road, or route is safe or passable. THE MOBILE APP IS NOT AN EMERGENCY SERVICE AND IS NOT A SUBSTITUTE FOR OFFICIAL GOVERNMENT WATCHES, WARNINGS, ADVISORIES, ALERTS, OR EVACUATION ORDERS. YOU SHOULD KEEP ADVISED OF OFFICIAL COMMUNICATIONS AT ALL TIMES. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTION OR INACTION TAKEN TO PRESERVE LIFE OR PROPERTY. If you believe you may be in danger, contact local authorities immediately.

f. Leaderboards and Achievements

The Mobile App may include leaderboards, achievements, streaks, map-exploration progress, and similar features. These features are provided for entertainment only and must never influence how, when, where, or how fast you drive. Do not interact with these features while driving. To the maximum extent permitted by applicable law, Fearless is not liable for any injury or damage to persons or property resulting from distracted, unsafe, or unlawful driving.

6. Changes to Pelican, Connected Vehicle Services and Terms

To the maximum extent permitted by law, Fearless reserves the right, in its sole discretion, to modify Pelican and the Connected Vehicle Services at any time, without notice to you. Fearless may also, from time to time, change or modify these Terms in whole or in part. If we do so, we will change the “last updated” date on these Terms and, where required by applicable law, will provide you with appropriate notice. All notices provided by Fearless to you will be facilitated exclusively through the Mobile App. You agree that your continued use of Pelican and/or any of the Connected Vehicle Services constitutes your agreement to the amended Terms. If you do not agree to any amended Terms, DO NOT USE PELICAN OR ANY OF THE CONNECTED VEHICLE SERVICES. You may not amend or modify these Terms except by way of an express writing signed by Fearless.

7. Term

These Terms become effective immediately when you are granted access to Pelican or any of the Connected Vehicle Services and shall remain in effect (and if amended, as amended) until your use of Pelican and all of the Connected Vehicle Services is terminated. IF YOU SELL OR OTHERWISE TRANSFER YOUR VEHICLE, IF YOUR VEHICLE LEASE ENDS, OR IF YOUR VEHICLE IS DESTROYED, IT IS YOUR RESPONSIBILITY TO DIS-ASSOCIATE YOUR VIN WITH THE MOBILE APP (TO THE EXTENT ANY SUCH DIS-ASSOCIATION IS NECESSARY). FEARLESS IS NOT RESPONSIBLE FOR YOUR FAILURE TO DO SO.

8. Notifications; Notice; Questions

You agree that all notifications or notices required under these Terms will be provided to you through the Mobile App, and by no other means of communication. You agree that Fearless may send you push notifications and other in-app communications relating to the Mobile App and the Connected Vehicle Services; you may disable push notifications at any time in your device’s settings. All notifications or notices required under these Terms to be provided to Fearless and questions or comments that you have about these Terms, Pelican, or the Connected Vehicle Services may be sent to privacy@clutch.engineering and shall be deemed given when Fearless receives them.

California consumer notice: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

9. Representations about You

You represent that you are at least eighteen (18) years of age and that you have the capacity and authority to enter into these Terms, and that you are only entering into these Terms on your own behalf. You further represent and warrant to Fearless that:

  1. Your performance under these Terms and use of Pelican and the Connected Vehicle Services will comply with all applicable laws, rules and regulations (including export control and privacy laws), domestic or foreign;

  2. 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

  3. That you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Use of Pelican Generally

Subject to your compliance with all of the terms and conditions herein, you are permitted to use Pelican and the Connected Vehicle Services solely for your own personal, noncommercial use. You are permitted to download, install, and use one copy of the Mobile App for your personal, non-commercial use. You agree that it is your responsibility to use Pelican and the Connected Vehicle Services only when it is safe to do so and in a responsible manner, including abiding by all applicable laws, rules and regulations regarding the use of Pelican, the Connected Vehicle Services or any devices associated with Pelican or any of the Connected Vehicle Services (e.g., any laws relating to use of mobile devices while driving). Without limiting the foregoing, it is your sole responsibility to exercise discretion and to observe all safety measures required by law, traffic rules, and traffic regulations while accessing or using Pelican and the Connected Vehicle Services. You further agree that you will use the Connected Vehicle Services only with a vehicle that you are authorized to control. You must not, and must not permit any third party to:

  1. Use Pelican or any of the Connected Vehicle Services in any way that would violate the rights of any person;

  2. Use Pelican or any of the Connected Vehicle Services in any way that would violate these Terms (including Section 12.c.);

  3. Harvest or otherwise use Pelican or the Connected Vehicle Services to collect information about others;

  4. Take any action that imposes or may impose an unreasonable or disproportionately large load on Pelican or any of the Connected Vehicle Services, or bypass any measures we may use to prevent or restrict access to any portion of Pelican or any of the Connected Vehicle Services;

  5. Use manual or automated software, devices, or other processes to “crawl”, “scrape” or “spider” any of Pelican or the Connected Vehicle Services or otherwise to copy, obtain, propagate, distribute or misappropriate any information or other content from Pelican or any of the Connected Vehicle Services, including any Fearless Property (defined in Section 19 below);

  6. Distribute, rent, lease, lend, sell, license, assign, export, import, convey, or otherwise make available or grant rights in Pelican or any of the Connected Vehicle Services, or any information or other content obtained therein, to any third party, except as expressly permitted herein;

  7. Otherwise interfere in any manner with the use or operation of Pelican or any of the Connected Vehicle Services; or

  8. Use Pelican or any of the Connected Vehicle Services for any commercial purpose, including in the development, directly or indirectly, of any product, software or service that offers any functionality substantially similar to, derivative of, or competitive with, Pelican, any of the Connected Vehicle Services, or any other Fearless product, software, or service. You further must not, and must not permit any third party to: (i) modify or create any derivative work of Pelican or any of the Connected Vehicle Services; (ii) reverse engineer, decompile or disassemble Pelican or any of the Connected Vehicle Services, in whole or in part; (iii) make a copy (other than a backup copy) of Pelican or any of the Connected Vehicle Services or any part thereof (other than as expressly permitted herein); (iv) use or install Pelican or any of the Connected Vehicle Services on a network or for online use; (v) remove, modify or obscure any copyright, trademark, or other proprietary notice, author attributions, legal notices or other labels appearing within Pelican or any of the Connected Vehicle Services; or (vi) export or transport Pelican or any of the Connected Vehicle Services into any country in violation of any U.S. or other export laws and regulations.

11. Pelican Account

a. Creation of a Pelican Account and Selection of Username

You may create an account with Pelican (a “Pelican Account”) to track your Contributions and to take advantage of benefits that may be made available to Pelican Account holders; however, you are not required to create a Pelican Account to utilize the Connected Vehicle Services or to view, or make Contributions to, the Community. You can create a Pelican Account through the Mobile App by following the sign-up instructions available therein. Any username selected by you must comply with these Terms. You agree to not impersonate or attempt to impersonate another person using your Pelican Account, including by selecting a username that causes, or could cause, confusion as to the origin of your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or that impersonates another person, or if Pelican has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current, or incomplete, or impersonates another person, Pelican may suspend or terminate your account and refuse to allow you to use the Mobile App at any time.

b. Obligations and Representations

By creating a Pelican Account, you represent that you: (i) are at least eighteen (18) years old and have legal capacity to form a binding contract; and (ii) are not barred from using the Mobile App by Fearless or by the laws of the United States, the State of California or another jurisdiction. You further represent that you understand and agree that, by creating a Pelican Account, you are not guaranteed the receipt of any promotion or benefit. It is your responsibility to maintain the currency, completeness, and accuracy of your Pelican Account information, and any loss caused by your failure to do so is your responsibility. You may not authorize any other person or entity to use your Pelican Account or to access restricted or protected content or features available on the Mobile App. You are solely responsible for the activity that occurs on your Pelican Account. You must keep your Pelican Account, username, and password secure. You must notify Pelican immediately of any breach or suspected breach of security or unauthorized use or suspected unauthorized use of your account.

c. Termination of Your Account

  1. By Pelican. You understand that you have no ownership rights in your Pelican Account or the Contributions made by you to the Community. Pelican may cancel your Pelican Account and/or delete all information associated with your Pelican Account, including any Contributions you have made, at any time, for any reason, with or without notice to you. Pelican assumes no liability for any information removed from the Mobile App or Community and reserves the right to permanently restrict your access to your Pelican Account.

  2. By You. You may terminate your account at any time by following account deletion instructions within the Mobile App. We will endeavor to delete your account within 48 hours of receiving a request from you to terminate.

  3. Effect of Termination of Your Account. After deletion of your Pelican account, you will no longer be able to log into your Pelican Account or access information stored thereon. All login information associated with your Pelican Account will be deleted by Pelican. Unless you are otherwise restricted by Pelican from accessing the Mobile App, you will still have access to the Mobile App and the Connected Vehicle Services and will be able to view, and make anonymous Contributions to, the Community. All, or a portion of, the Contributions made by you prior to termination of your Pelican Account may, but are not required to be, deleted by Pelican following termination of your Pelican Account. You understand and acknowledge that, if you delete your account, you will not be able to restore your account or any associated rewards or accrued benefits prior to your deletion request by creating a new account.

12. Contributions to Pelican Community

a. Review of Contributions

When making Contributions to the Community, you agree to comply with these Terms. You represent and warrant that you are authorized, and have all rights necessary, to post the Contributions you make using the Mobile App. The Pelican Community is a self-moderating community, and your username and activity in the Community (including your Contributions) may be shared with more senior, or higher ranking, Community members for moderation purposes. Pelican reserves the right to review any Contribution made to the Community in its discretion, for any reason or no reason at all, without notice to you. Pelican further reserves the right to deny the posting of, or to remove, any Contribution made to the Community (or to direct a moderator to do so), in its discretion, for any reason or no reason at all, with or without notice to you. Pelican does not undertake, and expressly disclaims, any obligation to review, verify, or correct Contributions, including Contributions relating to Speed Limit Information or Road Rules Information, before or after such Contributions are displayed within the Mobile App.

b. Public Content

Contributions made to the Community are public. Additionally, you may opt-in to sharing your activity on the map, which will make your delayed location visible to other users. When you make Contributions using your Pelican Account, the Contributions you make will be associated with your Pelican Account username. Your Pelican Account username may also be featured in public summaries of Community activities, such as Community leaderboards.

c. Diversity and Inclusion; Prohibited Communication

Pelican is committed to creating a diverse and inclusive community. Users are expected to conduct themselves in a manner that creates a space and culture free from harassment, intimidation, bias and unlawful discrimination. Pelican prohibits discrimination, harassment and bullying in any form. Users shall never use tools available within the Mobile App to do the following (including via external links):

i. Flame, insult, or threaten other users;

ii. Post or share personal information (such as name, address, email address or phone number) belonging to others;

iii. Post or share private discussions with other users or Pelican staff;

iv. Post copyrighted material;

v. Post or link to violent or sexually explicit content;

vi. Post or link to hate speech (including slandering or vilifying a particular race, religion, ethnic group, gender, sexual preference, or sexual identity);

vii. Post or link to content that facilitates or encourages dangerous activities or that can in any way cause serious physical harm to individuals, animals or the environment;

viii. Post false, inaccurate, or deceptive information;

ix. Post or link to content produced by or on behalf of terrorist groups or to content that incites violence, promotes terrorist acts or celebrates terrorist attacks;

x. Post or link to content that exploits, abuses, or endangers minors;

xi. Post religious or political content;

xii. Post links to phishing sites or spam;

xiii. Solicit, beg, auction, sell, or advertise any product or service, or refer to third parties who do so;

xiv. Promote or link to exploits, cheating programs, or any other sort of illegal activity; or

xv. Impersonate a Fearless employee.

We take the actions above seriously, and performing such prohibited actions may result in immediate, temporary, or permanent suspension of your Pelican Account or your ability to make Contributions. Serious infractions could result in your access to the Mobile App being revoked.

d. Our Right to Use Your Contributions

We may use Contributions made by you in a number of different ways, including by publicly displaying said Contributions, reformatting said Contributions, incorporating said Contributions into advertisements and other works, creating derivative works of said Contributions, promoting or distributing said Contributions, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby represent and warrant to Pelican that you own all intellectual property rights associated with the Contributions made; that you are permitted to publish the Contributions and to permit Pelican to publish the Contributions and exploit all intellectual property rights in and to the Contributions. Pelican receives no ownership rights in or to the Contributions that you make to the Community, however, you agree that by submitting Contributions to the Community, you grant Pelican an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform your Contributions. Please note that you also irrevocably grant other users of the Community the right to access your Contributions in connection with their use of the Mobile App. The license granted to Pelican in and to the Contributions you submit is not limited to personal use, but also extends to any commercial use of the Contributions, at Pelican’s sole and absolute discretion. Without limiting the foregoing, you agree that Contributions relating to map data, such as reported map issues and corrections, may be contributed to third-party map databases, including OpenStreetMap, and may be made available under open data licenses, including the Open Database License.

13. Privacy Notice

a. Collection of Personal Information

In connection with your use of the Mobile App, we may collect, use, save, and/or share certain personal information belonging to you (“Personal Information”). The collection, usage and storage of your Personal Information is governed by this Privacy Notice. Personal Information will be collected about you regardless of whether you choose to create a Pelican Account.

i. Personal Information We Collect. Personal Information collected by us may include your Internet Protocol (“IP”) address and the country, state and city from which you are accessing the Mobile App (“Access Information”). We may also collect your location information and use this information in an anonymized form to provide the Connected Vehicle Services to you (“Location Information”). As noted in Section 2 above, Fearless may also collect your User Information (your first and last name and email address) from Apple. If you choose to create a Pelican Account, we will collect the Pelican username and the login credentials associated with your Pelican Account at the time of its creation (“Account Information”).

ii. Information We Do Not Collect. Information such as your Apple username, Apple login credentials, Vehicle Identification Number (“VIN”), phone number, mailing address and/or physical address are not collected, used, stored or shared by Fearless, and Fearless does not have access to this information by way of your use of the Mobile App. The one exception is the partial VIN that the Clutch Census sends if you turn it on. Section 13(c) describes it.

iii. Information Stored in Your Apple Account. Your Apple account credentials are stored securely on your device and are only ever used to initiate a direct authentication request with the service you choose to log in to, after which the app will use standard OAuth Tokens to interact with the connected service. “OAuth Tokens” refers to a piece of code that allows the Mobile App to access certain resources on your behalf without you needing to reveal your password. You are responsible for restricting access to your device, your Apple login credentials and your Pelican Account login credentials (if applicable). You are also responsible for all activities that occur using your device, your Apple account and your Pelican Account (if applicable).

b. Storage of Personal Information and Analytics

We store your Access Information with the event-based analytics provider PostHog indefinitely. User Information and, if applicable, Account Information are stored by us internally. We do not store Location Information. PostHog uses the Access Information collected by Fearless to provide Fearless with event-based analytics information that is then used to improve your user experience. PostHog’s privacy policy is available here. You can turn off data being sent to PostHog, and to Clutch Telemetry as described below, from the Settings page of the Mobile App. User Information and, if applicable, Account Information is used by us to provide you with the Connected Vehicle Services and/or access to your Pelican Account. We will only store your User Information and/or Account Information for so long as you utilize the Mobile App and/or maintain a Pelican Account.

Fearless also operates its own analytics service, Clutch Telemetry. The Mobile App sends Clutch Telemetry information about how you use the Mobile App and about your device, your settings and membership status, and pseudonymous identifiers created on your device (“Usage Information”). If you sign in with Apple, Usage Information also includes one-way hashes of your email address and of your Apple account identifier, which let us recognize the same person across devices. Turning off analytics from the Settings page of the Mobile App stops Usage Information from being sent to Clutch Telemetry.

The Pelican website at pelican.clutch.engineering also sends Clutch Telemetry information about how it is used, including what you search for on it, together with a random identifier stored in your browser (“Website Information”). Website Information is not linked to the Mobile App or to any Pelican Account. You can turn it off from the Analytics switch at the bottom of any page of the website, and none is sent from a browser that sends a Global Privacy Control signal.

c. Clutch Census

The Clutch Census is an optional frontier research effort in the Mobile App. It is off by default. You can turn it on from the Settings page of the Mobile App. When it is on, the Mobile App uploads copies of the scanlogs that it records from your vehicle (“Contributed Scanlogs”). You can choose each session to send, or you can let the Mobile App send all sessions automatically.

i. Information Collected. A Contributed Scanlog contains the following information:

  • The commands that the Mobile App sends to your vehicle through your OBD-II adapter, and the responses from your vehicle.
  • The first 12 characters of your VIN, so that each Contributed Scanlog can be matched to the vehicle definitions that decode it. These characters describe how your vehicle was built, such as its manufacturer, model, body, engine, model year and assembly plant. The 12th character is also the first digit of the vehicle’s production number, which it shares with many other vehicles of the same build. This partial VIN is not your full VIN and does not identify your individual vehicle; the last 5 characters, which do, are removed as Section 13(c)(ii) describes.
  • The model of your OBD-II adapter and the version of the Mobile App.
  • The week of the year (ISO 8601) and the hour of the day when the session started.
  • Terrain context, from the drive the session was recorded on. For each GPS sample: its time since the session started, your GPS speed, your elevation relative to where the session started and how accurate it is, and the grade of the road. Your elevation at the start, rounded to the nearest 250 m. Every weather reading taken during the session, and the one in effect when it started, each with its time, temperature, apparent temperature, dew point, humidity, air pressure, wind speed, gusts and direction, precipitation, visibility, cloud cover overall and at low, medium and high altitudes, whether it was daylight, and the weather condition. Trip context does not include your location, your heading or any address. You can turn off trip context on the Settings page of the Mobile App.
  • A note that you write about the session, if you write one.

For each vehicle that you send Contributed Scanlogs from, the Mobile App also sends the information you entered on the vehicle’s Buildout page in the Mobile App, such as its range or the size of its fuel tank, if you entered any. It is sent once for each vehicle, and again when you change it, and it applies to all of that vehicle’s Contributed Scanlogs. It is linked to the vehicle by a code that is computed on your device from your VIN and that cannot be used to recover your VIN.

ii. Information Removed. Before the Mobile App sends a Contributed Scanlog, it removes the following information:

  • Your location and your heading.
  • The last 5 characters of your VIN.
  • The serial numbers of the control modules (ECUs) in your vehicle and the serial number of your OBD-II adapter.
  • The exact times of the session. The Mobile App keeps only the week of the year and the hour of the day.
  • The name of your OBD-II adapter.

iii. Storage and Use. Contributed Scanlogs are stored privately. They are used to improve vehicle support and scanner performance in the Mobile App, and they are analyzed as Section 13(c)(iv) describes.

iv. License to Use Contributed Scanlogs. When you send a Contributed Scanlog, you grant Fearless an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, analyze, combine with other data, and prepare derivative works of your Contributed Scanlogs, and to publish and distribute the results of that analysis and those derivative works. Examples include aggregated vehicle statistics, vehicle signal definitions, website content and marketing materials. This license extends to commercial use, at the sole discretion of Fearless. A Contributed Scanlog itself is never published, and results are never published in a form that identifies you or your vehicle. You represent that you have the right to send the scanlogs that you contribute.

v. Withdrawal. You can withdraw from the Clutch Census at any time. To withdraw, open the Clutch Census page in the Settings of the Mobile App and tap “Delete my contributions”. When you withdraw, the Mobile App stops sending scanlogs, and your Contributed Scanlogs and the Buildout information sent with them are deleted. Withdrawal does not apply to results and derivative works made from your Contributed Scanlogs before you withdrew.

vi. Scanlogs Sent With Feedback. You can also send a scanlog with a feedback report. That scanlog is part of the report, and Section 14 of the Terms applies to it. Withdrawal from the Clutch Census does not delete a scanlog that you sent with a feedback report.

d. APIs

Pelican connects with external services using APIs that require your consent and authorization to use. Please be aware that each of these services may have their own privacy policies, and your continued use of Pelican requires acceptance of those services’ privacy policies as well.

14. Feedback

If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions, including any that are related to Pelican or any of the Connected Vehicle Services (collectively “Feedback”), the Feedback will be the sole property of Fearless. We will be entitled to use, reproduce, modify, disclose, display, publish, perform, broadcast, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We have no obligation to maintain any Feedback in confidence, or to respond to any Feedback.

15. Equipment Requirements

To properly use Pelican and one or more of the Connected Vehicle Services, you must have equipment that meets at least the following minimum requirements (“Equipment Requirements”):

  1. An iPhone, iPad, Apple Watch, Mac computer system (each, a “Compatible Device”);

  2. Internet connection through Wi-Fi or cellular network connection and any appropriate data plan;

  3. Appropriate security on the Compatible Device (e.g., no alterations to device security). A certain level of device security or security protocols is required so, for example, jailbroken or rooted mobile devices might not be supported; and

  4. Certain mobile devices may require an HDMI cable, USB cable, or audio-video adapter to connect and operate the Connected Vehicle Services within the vehicle.

Equipment Requirements may change at any time, without notice, and further access to Pelican and the Connected Vehicle Services may require acceptance of additional agreements or a newer version of these Terms. For example, the Mobile App through which one or more of the Connected Vehicle Services is provided may be made obsolete by a newer version, which may require updating an operating system and/or downloading a new version of the applicable Mobile App and accepting a newer version of these Terms. By using the Mobile App, you further agree that Fearless may change, alter, or modify the settings or configurations on your Compatible Device used to store or access the Mobile App in order to allow for or optimize your use of the Mobile App. The Mobile App may include digital rights management controls and other technical measures to control access to the Mobile App, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not interfere with such access control measures or attempt to disable or circumvent such security features.

16. Updates

Fearless may from time to time in its sole discretion develop and provide updates to Pelican and the Connected Vehicle Services, which may include new versions, upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Fearless has no obligation to provide any Updates or to continue to provide or enable any particular feature or functionality. Based on your Compatible Device settings, when your Compatible Device is connected to the Internet either: (a) the Mobile App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Mobile App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of Pelican and the Connected Vehicle Services and be subject to all of these terms unless they are subject to a different Fearless license agreement. Fearless reserves the right to discontinue Pelican or the Connected Vehicle Services and to discontinue supporting the Mobile App or its network, in whole or in part.

Fearless may make beta, preview, or experimental features available from time to time. Such features are provided AS IS, may be incomplete or contain errors, may change or be removed at any time without notice, and may be subject to additional terms.

17. Fees, Costs and Other Expenses

a. Third Party Fees

Depending on your data plan, you may incur charges from your wireless provider or Internet Service Provider for use of its network and/or third-party services, such as those services that allow you to make phone calls and send or receive text messages and/or emails. You are solely responsible for any and all costs you incur as a result of your use of Pelican and the Connected Vehicle Services.

b. In-App Purchases

Pelican is free to download; however, certain premium content and features (“Premium Services”) may be offered through Pelican that will be accessible by you only through payment of a fee (“Fee”). Information on Fees is available within the Mobile App. All Fees will be paid by you by and through Apple, and no payment information will be submitted by you to Fearless in connection with any Fee paid by you in connection with the Mobile App. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars, are non-refundable, and shall be paid by you immediately when due. Fee information is subject to change, and Fearless may increase or decrease fees as it deems necessary. If you do not accept these changes, Fearless may discontinue providing the Premium Services to you.

18. Third-Party Services

Pelican and the Connected Vehicle Services may depend upon, interact with or enable access to third-party services to connect to information, other content, services, websites, or hardware, including your Compatible Device, the network provided by your wireless or Internet Service Provider, your browser, email and SMS programs, dialer and other applications, including any applications (and services facilitated through such applications) offered by your Original Equipment Manufacturer (“OEM”) (collectively, “Third-Party Services”) which may in each case be accompanied by separate terms of use. Use of Third-Party Services may require that you accept additional terms of use. You must comply with the applicable terms of use when using the Third-Party Services, Pelican and/or the Connected Vehicle Services. Fearless cannot assure you that these Third-Party Services will function correctly with Pelican or the Connected Vehicle Services, either now or at some future time. FEARLESS DOES NOT ENDORSE, AND HEREBY DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY TO YOU OR TO ANY OTHER PERSON FOR AND IN CONNECTION WITH ANY THIRD-PARTY SERVICES.

The Mobile App also displays content, data, and information obtained from third parties, including map and geographic data, traffic information, weather, wildfire and other hazard information, road closure feeds, business listings, and other points of interest. Certain map data displayed by the Mobile App is derived from OpenStreetMap, © OpenStreetMap contributors, and is available under the Open Database License (see https://www.openstreetmap.org/copyright). Wildfire and hazard information may include data from government and public sources, such as the National Interagency Fire Center and Natural Resources Canada (Canadian Wildland Fire Information System), which incorporate satellite fire detections from NASA Earth observation systems. Such sources provide their data on an as is basis, subject to their own disclaimers, and do not endorse Pelican; their data designations do not imply any opinion concerning the status of any territory or area. Fearless does not control, endorse, or verify such third-party content and is not responsible for examining or evaluating its accuracy, completeness, timeliness, validity, or legality.

Certain features of the Mobile App, including certain informational summaries, may be generated with the assistance of artificial intelligence systems. AI-generated content may contain inaccuracies or errors, is provided for informational purposes only, and does not constitute legal, financial, medical, or other professional advice. You should independently verify AI-generated content before relying on it.

19. Our Intellectual Property Rights

Pelican and the Connected Vehicle Services (including Fearless Property, as defined below) are the property of, or are licensed by, Fearless and are subject to copyright and other intellectual property protection. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content and technology used to deliver Pelican and/or the Connected Vehicle Services or otherwise embodied in, displayed through, or provided directly or indirectly via Pelican and/or the Connected Vehicle Services, and all Contributions made by Users (subject to Section 12.d.), are “Fearless Property”. Except as otherwise expressly permitted by these Terms, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Fearless Property is expressly prohibited. You acknowledge that Fearless Property has been created, compiled, developed and maintained by or on behalf of Fearless at great expense of time and money such that misappropriation or unauthorized disclosure or use of Fearless Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of these Terms, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph. You may not use the trademarks, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. Pelican and the Connected Vehicle Services may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on Pelican or the Connected Vehicle Services, will inure solely to the benefit of their respective owners. Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Fearless Property solely to the extent necessary for you to use Pelican and the Connected Vehicle Services for your own personal, non-commercial use, as permitted by these Terms. We reserve all other rights.

Fearless respects the intellectual property rights of others. If you believe that content available through the Mobile App infringes a copyright that you own or represent, you may send a notification containing the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) to privacy@clutch.engineering. Fearless may remove or disable access to allegedly infringing content and may suspend or terminate the accounts of repeat infringers.

20. Disclaimer of Warranties; Limitation on Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) ALL USES OF PELICAN AND THE CONNECTED VEHICLE SERVICES, INCLUDING THEIR QUALITY, ACCURACY, AND RELIABILITY, ARE AT YOUR SOLE RISK; (b) PELICAN AND THE CONNECTED VEHICLE SERVICES, INCLUDING ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND; AND (c) FEARLESS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO PELICAN, THE CONNECTED VEHICLE SERVICES, AND INFORMATION PROVIDED BY OR IN CONNECTION WITH PELICAN AND THE CONNECTED VEHICLE SERVICES, INCLUDING CONTRIBUTIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AS EXAMPLES, AND WITHOUT LIMITATION, FEARLESS DOES NOT GUARANTEE AND DISCLAIMS ANY WARRANTY REGARDING THE ACCURACY OF DATA PROVIDED BY THE CONNECTED VEHICLE SERVICES, SUCH AS NEWS, TRAFFIC, MAPS, ROUTES, SPEED LIMITS, ROAD RULES INFORMATION, ENFORCEMENT INFORMATION, VEHICLE DATA, REMOTE FEATURES, TRIP RECORDS, FUEL PRICES, WEATHER AND HAZARD INFORMATION, POINTS OF INTEREST, OR OTHER CONTENT PROVIDED BY FEARLESS, OUR AFFILIATES, SERVICE PROVIDERS OR THIRD-PARTY PROVIDERS; AND FEARLESS DOES NOT GUARANTEE THAT THE CONNECTED VEHICLE SERVICES WILL BE PROVIDED AT ALL TIMES OR THAT ANY OR ALL CONNECTED VEHICLE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR AT YOUR LOCATION. FOR EXAMPLE, CONNECTED VEHICLE SERVICES MAY BE UNAVAILABLE IN YOUR AREA OR LOCATION.

We may pause or interrupt Pelican or any of the Connected Vehicle Services at any time, and you should expect periodic downtime for updates to Pelican and the Connected Vehicle Services. In addition, you understand that changes in third party technology or government regulation may render Pelican or any of the Connected Vehicle Services obsolete or unusable. No advice or information, whether oral or written, obtained by you from Fearless, our affiliates, our service providers or through Pelican, any of the Connected Vehicle Services, or any Third-Party Service will create any warranty. Do not rely on Pelican or the Connected Vehicle Services for legal, financial, medical, or other professional advice; any content regarding those topics is provided for informational purposes only and is not a substitute for advice from a qualified professional. Vehicle diagnostic and maintenance information displayed by the Mobile App is not a substitute for inspection, diagnosis, or repair by a qualified service professional.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FEARLESS OR OUR AFFILIATES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE PELICAN, THE CONNECTED VEHICLE SERVICES, THE THIRD-PARTY SERVICES OR INFORMATION ON PELICAN OR ANY OF THE CONNECTED VEHICLE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FEARLESS OR ITS AFFILIATES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FEARLESS OR ANY OF ITS AFFILIATE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) ARISING OUT OF OR RELATING TO THESE TERMS AND YOUR USE OR POSSESSION OF PELICAN OR THE CONNECTED VEHICLE SERVICES EXCEED THE AMOUNT OF THOSE FEES PAID BY YOU TO FEARLESS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

You should contact Fearless concerning any defects or performance issues in Pelican or the Connected Vehicle Services at privacy@clutch.engineering. We will make reasonable efforts to respond to questions relating to Pelican or the Connected Vehicle Services, but make no representation or warranty that we will resolve all questions or that questions will be answered within a given time. Fearless shall be under no obligation to provide any other support or maintenance services for Pelican or the Connected Vehicle Services. The market or application store from where you downloaded the Mobile App has no responsibility to provide support and maintenance for the Mobile App or its installation, and all requests for any support and maintenance, and any complaints, with respect to Pelican or the Connected Vehicle Services should be sent to privacy@clutch.engineering. In consideration of Fearless providing you access to and use of Pelican and the Connected Vehicle Services, to the maximum extent permitted by applicable law, you agree to indemnify Fearless, and our affiliates, service providers, agents and licensors, against any and all claims, actions, suits, proceedings, demands, liabilities, losses, damages, costs, expenses, and attorneys’ fees (“Liabilities”) arising out of or related to (a) your failure to comply with these Terms or any other terms applicable to the Connected Vehicle Services; (b) your access to, use of, failure to use, or inability to use Pelican or any of the Connected Vehicle Services; (c) claims for libel, slander, or any property damage, personal injury or death, arising out of or related in any way directly or indirectly to your use of Pelican or the Connected Vehicle Services; (d) any activities of anyone other than you in connection with any Connected Vehicle Services conducted through your account or with your user credentials or passwords; (e) any Third-Party Services utilized in connection with Pelican and/or the Connected Vehicle Services, and (f) any of your other activities under or in connection with these Terms, Pelican, or any of the Connected Vehicle Services (but excluding any Liabilities to the extent caused by our gross negligence or willful misconduct). We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.

21. Dispute Resolution and Arbitration

In the event of any dispute arising out of or relating to these Terms (including their interpretation, validity, performance, or breach) (a “Dispute”), the Dispute shall be resolved solely as set forth in this Section 21. A party shall send a written notice to all affected parties describing the Dispute and any relief requested, including any specific damages claimed. In order to permit the affected parties to attempt to resolve the matter amicably, no arbitral or judicial proceeding may commence until the passage of sixty (60) days from the receipt of the written notice. If the affected parties are unable to resolve the Dispute within the 60-day time period, any Dispute, other than a claim for wrongful death or personal injury, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Rules (information about the AAA and its rules is available at www.adr.org). In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the Superior Court of the State of California, County of Santa Barbara.

The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. § 2, et seq. The obligation to arbitrate under this section shall extend to any claims against any affiliates, officers, directors, contractors, subcontractors, suppliers, agents, or employees of any party. This provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets. To the maximum extent permitted by law, the prevailing party or parties shall be entitled to an award of all costs, expenses, and attorneys’ fees reasonably incurred in the successful prosecution or defense of any claim. However, if a claimant recovers less than the respondent’s highest written offer made before the commencement of arbitration, the respondent shall be deemed to be the prevailing party for this purpose. The arbitrator shall have authority to issue any and all remedies authorized by law, but the arbitrator shall have no authority to conduct proceedings on a class or aggregated basis without the written consent of all parties; provided, however, that in the event of the filing of over twenty five (25) arbitration claims against Fearless or any of its affiliates, officers, directors, contractors, subcontractors, suppliers, agents, or employees raising substantially the same or similar Dispute, the AAA may at the request of such respondents appoint a single arbitrator or panel of arbitrators to resolve some or all common issues of law or fact. Notwithstanding the foregoing, any party may at its option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction.

If at any time any party requests mediation, all affected parties shall participate in a mediation directly and not solely through counsel, the requesting party to bear the costs and fees of the mediator(s). Without derogation of the parties’ obligation to arbitrate, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to a Dispute shall be vested exclusively in the state courts sitting in and for Santa Barbara County, California, except that any judgment thereof or any arbitral award may be enforced in any court of competent jurisdiction. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial. If any part of this dispute resolution and arbitration provision is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this provision shall remain in effect, with the exception that if a court or arbitrator determines in an action between you and us that the above class action waiver is unenforceable, then this arbitration provision will be void as to you.

22. Governing Law; Jurisdiction

These Terms and the use or operation of Pelican and the Connected Vehicle Services are governed by the substantive laws of the State of California, without regard to its or any other jurisdiction’s conflict of law principles that would apply another law. The United Nations Convention for the International Sale of Goods is hereby disclaimed.

23. Force Majeure

In no event will we be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside our reasonable control. Without limiting the foregoing, in the absence of our gross negligence or willful misconduct, we will not be liable for any damages arising from the acts of hackers or similar bad actors interfering with Pelican or any of the Connected Vehicle Services.

24. Termination

See Section 11.c. for specific terms governing your termination of a Pelican Account. You may terminate your use of Pelican and the Connected Vehicle Services at any time. We reserve the right to suspend your account or access to Pelican and the Connected Vehicle Services at any time if we believe you are in breach of these Terms. We reserve the right to terminate these Terms or to cease to offer Pelican or any of the Connected Vehicle Services at any time, without notice to you, for any reason or no reason. If your access is terminated for any reason or no reason, you agree: (a) to immediately stop using Pelican and the Connected Vehicle Services and to delete and purge the Mobile App from your Compatible Device; (b) that the license and rights provided by us under these Terms shall end; and (c) that we shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of Pelican and the Connected Vehicle Services or for termination of access to your account. Sections 4, 5, 7, 9, 10, 11, 12, 19, 20, 21 and 22, any accrued obligations and remedies hereunder, and any other provisions that by their nature should reasonably survive, shall survive the termination of these Terms.

25. Entire Agreement

Except as otherwise expressly provided herein, these Terms set forth the entire agreement between Fearless and you regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.

26. Assignment

Your registration, these Terms and your rights and obligations hereunder are not assignable, sublicensable, or otherwise transferable or delegable, by you to any third party without our prior written consent in our sole discretion. Any purported assignment, sublicense, transfer or delegation without such consent will be null and void. We may assign or otherwise transfer or delegate these Terms (including any rights or obligations hereunder), including to any purchaser of our business, from time-to-time in our sole discretion. These Terms will be binding upon and inure to the benefit of the parties’ successors and permitted assigns.

27. Electronic Assent

These Terms may be executed electronically, and your electronic assent or use of Pelican or any of the Connected Vehicle Services shall constitute execution of these Terms. You agree that the electronic text of these Terms constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.

28. Waiver

No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein. No waiver will be binding on us unless made in an express writing signed by us. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.

29. Interpretation of Terms

Except as otherwise expressly provided herein, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of these Terms. These Terms are drafted in English; any translation is provided for convenience only, and in the event of a conflict between the English version and a translation, the English version controls to the extent not prohibited by applicable law.

30. Terms Applicable if Accessing the Mobile App Through an Apple Device

If you are accessing or using the Mobile App through an Apple device, the following additional terms are applicable to you and are incorporated into these Terms by this reference:

  1. To the extent that you are accessing the Mobile App through an Apple device, you acknowledge that these Terms are entered into between you and Fearless, and that Apple is not a party to these Terms other than as third-party beneficiary as contemplated by Section 30.9. below. You acknowledge that Fearless, and not Apple, is responsible for providing the Mobile App and content thereof.

  2. The license to the Mobile App granted in Section 19 of these Terms is further limited to installing and using the Mobile App only on a Compatible Device that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (see https://www.apple.com/legal/internet-services/itunes/us/terms.html). For purposes of clarity, the license granted to you in Section 19 of these Terms is non-transferable.

  3. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Mobile App. To the extent that there are any such maintenance or support obligations under applicable law or the terms of these Terms, Fearless is solely responsible.

  4. In the event of any failure of the Mobile App to conform to any applicable warranty (none of which is granted under these Terms), you may notify Apple, and Apple will refund the purchase price for the Mobile App to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (if any after giving effect to the disclaimers of warranties and limitations of liability in these Terms) will be Fearless’s sole responsibility.

  5. Notwithstanding anything to the contrary herein, and subject to the terms and conditions set forth in these Terms, you acknowledge that, solely as between Apple and Fearless, Fearless, and not Apple, is responsible for addressing any claims you or any third party may have relating to the Mobile App, or your possession and/or use thereof, including: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms do not limit Fearless’s liability to you beyond what is permitted by applicable law.

  6. You agree that in the event that the Mobile App or your possession and use of the Mobile App infringes on a third party’s intellectual property rights, Fearless (and not Apple) will be solely responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claims.

  7. If you have any questions, complaint or claims with respect to the Mobile App they should be directed to privacy@clutch.engineering.

  8. You agree to comply with applicable third-party terms of agreement when using the Mobile App.

  9. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms of these 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.

All rights that are not expressly granted under these Terms are reserved by Fearless.