SOBRSAFE, INC.

Acceptable Use Policy

Effective March, 2022

1. Purpose and Scope.
1.1 This Acceptable Use Policy (“AUP”) governs the use of all information and communication
technology, systems, hardware, software, applications, networks, website, web portal, APIs, platform, facilities and services provided or made available by SOBR Safe, Inc., a Delaware corporation, or its direct or indirect affiliates from time to time (together, “SOBRsafe”), including but not limited to the SOBRsafe portal and any API provided by SOBRsafe (together, “SOBRsafe Services”).
1.2 This AUP applies to each person who uses any SOBRsafe Services directly or indirectly, including without limitation legal entities or individuals doing business with SOBRsafe or otherwise receiving SOBRsafe Services (“Customers”), and any members of personnel or third parties permitted by a Customer to use or access the SOBRsafe Services (“Users”). Customers are required to inform Users of this AUP. Customers and Users are referred to in this AUP as “You”.
1.3 The AUP is not exhaustive and SOBRsafe reserves the right to modify or update the AUP at any time by uploading a revised version to the SOBRsafe portal and the SOBRsafe websites from time to time. By using the SOBRsafe Services after SOBRsafe has posted any changes to this AUP, You agree to accept those changes, whether or not You have reviewed them. If You choose not to accept this AUP at any time, do not use the SOBRsafe Services. The most current version of this AUP supersedes all previous versions.
1.4 Please note that any breach of the AUP may be result in any of the consequences set out in
Paragraph 7 (Consequences of Breach) of this AUP.

2. Contractual Effect.

2.1 By connecting to, using, or otherwise accessing any SOBRsafe Services (and receiving the benefit thereof), You agree to be bound by the terms of this AUP and You agree to use the SOBRsafe Services at all times strictly in accordance with this AUP.
2.2 This AUP forms part of each legally binding contract entered into between SOBRsafe and a Customer from time to time (each a “SOBRsafe Contract”).
2.3 If there is any conflict or inconsistency between any part of this AUP and any other part of a SOBRsafe Contract, the SOBRsafe Contract shall take priority and prevail unless SOBRsafe specifies otherwise in its sole discretion.
2.4 In addition to any other representations and promises in this AUP, You represent and warrant that You are 18 years of age or older and of legal competence, and if You are using the SOBRsafe Services on behalf of a third party, You represent and warrant that You are an authorized representative of that third party.

3. Unacceptable Uses. You shall not, and shall not permit anyone else to use the SOBRsafe Services:
3.1 for any illegal purpose;
3.2 to publish, post, share, copy, store, back-up or distribute:
3.2.1 any illegal files or data, including infringing, offensive, obscene, threatening, libelous, or otherwise unlawful or tortious material
3.2.2 any material protected by the intellectual property rights of a third party (unless You have the necessary rights to such material); or
3.2.3. material that contains malware, including but not limited to viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents, or any other similar software that may damage the operation of the SOBRsafe Services or another person’s device or property.
3.3 to copy, disclose, reproduce or use the confidential information of SOBRsafe or any third party without permission or otherwise in breach of Your legal obligations to SOBRsafe or any third party;
3.4 to misrepresent or impersonate a person or attempt to gain access to or illegally track any other person, Customer, User, account, data, hardware, software, system or network related to the SOBRsafe Services;
3.5 to distribute unwanted, unsolicited or harassing messages, promotions, advertising, or solicitations;
3.6 for any purpose or activity that harms or disrupts the operation or performance of the SOBRsafe Services or SOBRsafe’s Customers, Users, business, or operations from time to time.
3.7 in any manner not permitted by SOBRsafe;
3.8 in a manner that results in excessive bandwidth usage, as determined by SOBRsafe;
3.9 to attack, abuse, interfere with, surreptitiously intercept, or disrupt any part of the SOBRsafe Services (including but not limited to denial of service, unauthorized monitoring, or crawling), or otherwise tamper with the security of the SOBRsafe Services or any Customer, User, account, data, hardware, software, system, or network related to the SOBRsafe Services.
3.10 to reverse engineer, decompile, disassemble, modify, reproduce, or create derivative works of any part of the SOBRsafe Services, whether directly or indirectly; or
3.11 for any other activity or purpose that SOBRsafe deems to be harmful or detrimental to its
Customers, Users, business, operations, or reputation.

4. Security.
4.1 It is Your responsibility to maintain the security of the systems You use to connect to the SOBRsafe Services.
4.2 You must ensure that all Users keep any username and password they use to access the SOBRsafe Services secure at all times. Users may be required to change their passwords from time to time.
4.3 You shall notify us promptly should You become aware of, or reasonably suspect any unauthorized use of or access to the SOBRsafe Services or unauthorized disclosure of any username or password.
4.4 You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by SOBRsafe or a third party due to someone else using Your Users’ accounts

5. Criteria for Content. All data that You enter or upload to any part of the SOBRsafe Services must:
5.1 be true and accurate, and corrected as soon as possible if You become aware that it is not true or accurate; and
5.2 comply with all applicable laws.

6. Monitoring of Systems. To the extent permitted by applicable law, SOBRsafe reserves the right (but does not assume any obligation) to monitor usage of the SOBRsafe Services and intercept data from the SOBRsafe Services for its legitimate purposes, including without limitation to monitor compliance with this AUP, to check that account details are correct, to track payments and the liquidity position of its Customers, and to prevent and detect money laundering, fraud, breach of sanctions and other crimes. SOBRsafe may, in its sole and absolute discretion, suspend Your access to all or part of the SOBRsafe Services at any time.

7. Consequences of Breach.
7.1 Failure to comply with this AUP constitutes a material breach of the SOBRsafe Contract to which You (or the Customer with which You are associated) are party.
7.2 Any breach of this AUP at any time may result in SOBRsafe taking any and all actions in its sole discretion, including with immediate effect based on our reasonable judgment, including without limitation to:
7.2.1 issue a warning;
7.2.2 suspend or terminate access to all or part of the SOBRsafe Services;
7.2.3 terminate all or part of the applicable SOBRsafe Contract;
7.2.4 initiate legal proceedings against You for reimbursement of all costs resulting from the breach;
7.2.5 take further legal action against You; and/or
7.2.6 disclose such information to any law enforcement or regulatory authorities as SOBRsafe considers to be necessary or appropriate.
7.3 To the extent permitted by law, SOBRsafe excludes and disclaims all liability for actions taken in response to breaches of this AUP. The responses described in this AUP are not limited, and SOBRsafe may take any other action it reasonably deems appropriate. You acknowledge and agree that human discretion and judgment are always necessary when making any determination or decision based on any use of the SOBRsafe Services.

8. Miscellaneous.
8.1 You consent to electronic communications from SOBRsafe in the form of electronic mail. You can opt out of receiving such electronic communications by changing the settings of Your account.
8.2 Except as otherwise set forth in this AUP, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this AUP will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
8.3 If any provision of this AUP is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this AUP or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this AUP so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
8.4 The laws of the State of Colorado (excluding any laws that direct the application of another
jurisdiction’s law) govern all matters arising out of or relating to this AUP and all of the transactions it contemplates, including its validity, interpretation, construction, performance, and enforcement. Any legal suit, action, or proceeding arising out of or related to this AUP or the licenses granted hereunder will be instituted in the federal courts of the United States or the courts of the State of Colorado in each case located in the city and County of Denver, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.