Terms of service

Terms of Service (ToS)

These Terms of Service, and any amendments thereto, will apply to NATIX GmbH device NATIX VX360 (and related on-device software) purchased by pre-order, which are expected to be shipped in late 2025. 

Last Updated: November 26, 2024, and effective from that date.

Introduction

These Terms of Service ("ToS"), together with any documents and/or additional terms expressly incorporate by reference, govern the purchase and use of the NATIX GmbH device (“NATIX VX360”) sold by NATIX GmbH (“NATIX GmbH”, “us”, or “we”) under licence of NATIX Network Limited (“NATIX Network”). By installing, accessing, or using NATIX VX360, you (the "User", “You”) agree to these ToS. 

Please read these ToS carefully before downloading, registering for, accessing or using the NATIX VX360.  

These ToS are applicable to User’s purchase and use of NATIX VX360 directly from NATIX GmbH’s website at https://www.natix.network/vx360-depin-dashcam. For clarification, NATIX GmbH is selling NATIX VX360 in the following regions: USA Mainland and Hawaii, EU, Japan, Hong-Kong, and Singapore.

The User’s access to, and use of, the NATIX VX360 is conditional on the User’s acceptance of and compliance with these ToS. These ToS apply to all users and others who use NATIX VX360.

BY USING, INSTALLING OR ACCESSING NATIX VX360, THE USER ACCEPTS AND AGREES TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE AND IS AWARE OF NATIX GMBH’S NATIX VX360 PRIVACY POLICY, FOUND AT https://shop.natix.network/policies/privacy-policy. NATIX GMBH’S PRIVACY POLICY DESCRIBES NATIX GMBH’S POLICIES AND PROCEDURES ON THE COLLECTION, USE, AND DISCLOSURE OF USER PERSONAL INFORMATION WHEN THE USER USES NATIX VX360 AND SETS OUT THE USERS PRIVACY RIGHTS AND HOW THE LAW PROTECTS THE USER. PLEASE READ NATIX GMBH’S PRIVACY POLICY CAREFULLY BEFORE USING NATIX VX360. 

If the User is residing in the states belonging to the European Union, NATIX GmbH reserves the right to offer the User an amendment to the ToS at any time. An amendment to the Agreement shall only become effective with the express consent of the User.

If the User is not residing in the states belonging to the European Union, NATIX GmbH reserves the right to update or modify these ToS from time to time to reflect changes in our practices, services, legal requirements, or for any other legitimate business reason. If we make material changes that affect your rights or obligations under these ToS, we will provide you with advance notice at least thirty (30) days before the changes take effect. By continuing to use NATIX VX360 after the changes come into effect, You agree to be bound by the updated Terms of Service. If You do not agree with the changes, You may terminate your use of NATIX VX360 at any time before the updated Terms take effect. For significant changes that require Your explicit consent, We may ask for your agreement via a separate confirmation, such as a checkbox or digital acknowledgment. If You do not provide such consent, You may be unable to continue using NATIX VX360.

If the User is accepting these Terms of Service on behalf of a corporation or other entity, the User represents and warrants that they have the necessary right and authority to enter into these Terms of Service on behalf of such corporation or entity and to bind that corporation or entity to these Terms of Service.

NATIX VX360 OR CERTAIN FEATURES OF NATIX VX360 MAY BE DISABLED OR CEASED IN ACCORDANCE WITH THE USERS’ REGIONAL LAWS, REGULATIONS, OR ANY APPLICABLE GUIDELINES.

To take full advantage of the NATIX VX360’s features, the User is recommended to own or have regular access to a Tesla vehicle not manufactured before 2021. 

By using the NATIX VX360, the User represents and warrants that the User is the legal age of majority under applicable law to form a binding contract with NATIX GmbH and meets all of the foregoing eligibility requirements. If the User does not meet all of these requirements, the User must not use NATIX VX360.

Intellectual Property

Subject to the terms of these ToS, the User is granted a limited, non-transferable, non-exclusive, and revocable licence to install, access, and use the NATIX VX360. The services and features provided by the NATIX VX360 may vary or be limited depending on certain factors, including, without limitation, the User’s country, device, operating system, or network operator.

The User acknowledges that the NATIX VX360 and all related materials (i) are proprietary to NATIX GmbH, NATIX Network and and other licensing parties (“Other Licence Parties”) (collectively “License Owners”), (ii) shall remain the exclusive property of License Owners, and (iii) are protected under applicable copyright and other intellectual property laws and treaties. NATIX GmbH is authorised by the Other Licence Parties to grant the licences. These ToS and the User’s use of the NATIX VX360 do not grant the User any ownership interest in or to the NATIX VX360. 

The User may not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of NATIX VX360; (ii) modify or disable any features of the NATIX VX360; (iii) create derivative works based on the NATIX VX360, except to the extent that the Users local law requires the User to be able to do so; (iv) rent, lease, lend, or sublicense the NATIX VX360; (v) infringe License Owners’s intellectual property rights or those of any third party in relation to the User’s use of NATIX VX360 (to the extent that such use is not licensed by these ToS); (vi) use NATIX VX360 in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the ToS, or act fraudulently or maliciously, for example, by infringing any copyright or intellectual property right of others, or hacking into or inserting malicious code, including viruses, or harmful data, into NATIX VX360 or any operating system; (vii) use NATIX VX360 in a way that could damage, disable, overburden, impair, or compromise License Owners’ systems or security or interfere with other users; or (viii) collect or harvest any information or data from the NATIX VX360 or License Owners’s systems or attempt to decipher any transmissions to or from the servers running the NATIX VX360.

Data Collection and Usage

NATIX VX360 can be used by user's Tesla cars to collect two types of video data from the user's Tesla car and store it on NATIX VX360:

  1. Dashcam Footage,

  2. Sentry Mode Footage.

Additionally, the NATIX VX360 provides the means of accessing a mobile application provided by NATIX Network Limited that can be used with this device. Only using this application will enable the User to store the data on the cloud and share it with NATIX Network Limited, subject to the terms and conditions of NATIX Network Limited, including, but not limited to, geographical limitation of the operation of that mobile application to countries where this device is sold in under the licence of NATIX Network. This application will be available from an independent date, subject to NATIX Network’s decision, and will need to be downloaded to the User’s smartphone.

De-identified and/or anonymized data may be used for reconstruction of driving scenarios, and to enhance the user experience and for product improvement.

By submitting any personal information, as applicable, the User consents to the collection, use, reproduction, hosting, transmission, and disclosure of any such information in compliance with NATIX GmbH’s Privacy Policy, found at https://shop.natix.network/policies/privacy-policy, for the purposes set out therein. Information collected may be transferred or accessed outside of the country in which the User resides and, therefore, will be subject to the laws of other jurisdictions.

User Feedback

If the User provides NATIX GmbH with any suggestions, comments or other feedback relating to any aspect of NATIX VX360 ("Feedback"), NATIX GmbH may use such Feedback in NATIX VX360 and/or in any other products or services of NATIX GmbH. Accordingly, the User agree that: (a) NATIX GmbH is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of the User or any third party and the User has all of the necessary rights to disclose the Feedback to NATIX GmbH, (c) NATIX GmbH may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback, and (d) the User is not entitled to receive any compensation, reimbursement of any kind in respect of the Feedback.For more information on how we process your personal information when you provide us Feedback, please visit our Privacy Policy at https://shop.natix.network/policies/privacy-policy

Data Access

Some features of NATIX VX360 may require the Users’ mobile device to have access to the internet and may be subject to restrictions imposed by the Users network or internet provider. NATIX VX360 may require access to the internet by using a mobile network, which may result in additional charges depending on the User’s payment plan. In addition, the User’s enjoyment of some features of NATIX VX360 may be affected by the suitability and performance of the User’s device hardware or data access.

Notifications

By purchasing NATIX VX360, the User agrees that NATIX GmbH may send the User text messages (SMS) and emails as part of the normal business operation for the use of the NATIX VX360. The User may opt-out of receiving text (SMS) and email from NATIX GmbH at any time. The User acknowledges that opting out of receiving text (SMS) and email, may impact their use of the NATIX VX360.

Termination 

These ToS are effective until terminated.

We reserve the right to cancel any order at our sole discretion, for any reason, without liability to the customer. This includes, but is not limited to, situations where:

  • Payment cannot be verified or is suspected to be fraudulent.

  • The product is out of stock or unavailable.

  • There is an error in the pricing or product description.

  • We are unable to fulfil the order due to circumstances beyond our control.

Upon termination, the Users' right to use NATIX VX360 will cease immediately.  Any termination or restriction of your access to or use of NATIX VX360 will not affect or diminish your obligation to make full payment for any purchases you made before such termination.

NATIX GmbH has the right, without provision of notice to: (i) remove any user content for any or no reason in its sole discretion; (ii) at all times, take such actions with respect to any user content deemed necessary or appropriate in its sole discretion, including, without limitation, for violating these ToS; and (iii) take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of NATIX VX360.

Third Party Integration

The NATIX VX360 may be connected  to third-party websites or services, that are not owned or controlled by NATIX GmbH. NATIX GmbH makes no representations about any other websites or services that may be connected to NATIX VX360. To the extent permitted by law, NATIX GmbH disclaims any warranty or condition in respect of any third-party website or service in any aspects including, but not limited to, quality, accuracy, effectiveness, lack of viruses, non-infringement of third-party rights, and compliance with any applicable laws or regulations. If the User chooses to access any such sites, the User does so at their own risk. NATIX GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The User further acknowledges and agrees that NATIX GmbH shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Users use of or reliance on any such content, goods or services made available on or through any such third-party websites or services.

Certain portions of NATIX VX360 may be subject to open-source licenses, in which the terms of such open-source licenses may precede the terms of these ToS with respect to that portion of the NATIX VX360.

NATIX GmbH strongly advises the User to read the terms and conditions and privacy policies of any third-party websites or services that the User visits. The User is subject to any terms and conditions of such third-party sites.

Liability and limitations of liability 

Subject to the further provisions of this section, NATIX GmbH shall only be liable if and to the extent that NATIX GmbH, its legal representatives, executives, employees or other vicarious agents are guilty of intent or gross negligence. However, in the event of default by NATIX GmbH or impossibility of performance for which NATIX GmbH is responsible and in the event of breach of material contractual obligations (so-called cardinal obligations), NATIX GmbH shall be liable for any culpable conduct on its part or on the part of its legal representatives, executives, employees or other vicarious agents. Essential contractual obligations are defined abstractly as those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the users may regularly rely.

In the case of breach of material contractual obligations (so-called cardinal obligations), the liability of NATIX GmbH shall be limited to the amount of damages typically foreseeable at the time of conclusion of the contract. 

NATIX GmbH shall not be liable for any delay or failure to perform its obligations under the ToS if the delay or failure is due to unforeseeable circumstances or force majeure.  

Furthermore, NATIX GmbH shall not be liable for any failure caused by: 

  • Hardware, software or other components not provided by NATIX GmbH; 

  • the User not complying with the ToS or the changes and updates specified by NATIX GmbH. 

The exclusions and limitations of liability set out in the above sections shall not apply in the case of the assumption of express guarantees, in the case of claims due to the absence of warranted characteristics and for damages arising from injury to life, limb or health and in the case of mandatory statutory provisions.

Claims under the German Product Liability Act shall remain unaffected by the provisions of this section.

Vulnerability Disclosure Policy

At NATIX GmbH, we prioritize the security and reliability of our products. We recognize the essential role that our user community plays in identifying potential vulnerabilities. To facilitate responsible disclosure and continuous improvement, we have established the following Vulnerability Disclosure Policy:

  1. Reporting Contact Information
    If you identify a potential security vulnerability in our products, please report it to us via email at: vulnerabilityreport@natix.io
  2. Acknowledgment Timelines
    We commit to acknowledging receipt of reported vulnerabilities within 5 business days of submission.
  3. Status Updates
    We will provide periodic updates on the status of our investigation and resolution process at reasonable intervals until the issue is resolved or otherwise closed.
  4. Timely Action on Disclosed Vulnerabilities
    We are committed to addressing reported vulnerabilities promptly to mitigate potential risks to our users.
  5. Continuous Monitoring and Rectification
    We continually monitor for, identify, and rectify security vulnerabilities within our products and services throughout their defined support period.

Security Support Period

NATIX VX360 is supported with regular security updates, vulnerability patches, and backend maintenance for a minimum of 3 years from the date of manufacture.The official end-of-support date for each product batch will be listed in our Help Center at: https://natixnetwork.zendesk.com/hc before the shipping of the product starts.

Indemnification

To the maximum extent permitted by applicable law and regulation, the User agrees to defend, indemnify, and hold harmless NATIX GmbH and its subsidiaries, affiliates, officers, agents, and employees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to the Users breach of these ToS or the Users use of NATIX VX360, including, but not limited to third-party websites, other than as expressly authorized in these ToS. This indemnification obligation applies only to the extent that the User is at fault or responsible for such claims, liabilities, or losses, and NATIX GmbH’s proportionate share of fault, if any, will be taken into account and reduce the User’s indemnification obligations accordingly..

Governing Law

The provisions of this section shall only apply to merchants according to the German Commercial Code (HGB). The place of jurisdiction for all disputes arising from or in connection with these Terms of Use or contracts concluded under these Terms of Use shall be the court of Hamburg, Germany. 

These Terms of Use and all contracts concluded under these Terms of Use and all rights and obligations arising from them shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. 

Consumers can invoke more favourable regulations under their home law at any time. 

Users residing in the states belonging to the European Union who are considered consumers in accordance with and within the meaning of Article 14 of Regulation (EU) No. 524/2013 have the option of using the online dispute resolution (ODR) procedure for resolving disputes in connection with the Agreement, which is accessible at the following link: https://webgate.ec.europa.eu/odr. NATIX GmbH is not obliged to participate.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these ToS shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Entire Agreement

The ToS is the entire agreement between the User and NATIX GmbH relating to NATIX VX360 and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to NATIX VX360 or any other subject matter covered by these ToS. If any provision of the ToS is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.

Questions or comments, including any reports regarding copyright infringements, may be directed to NATIX GmbH at: carappsupport@natix.network