TekDrv Terms and Conditions (11/4/25)

These Terms of Service and Use (these “Terms”, or the “Customer Agreement”) are entered into by and between TekDrv, LLC, a California Corporation (“TekDrv”, “we”, “us”, “our”) and you (“Customer”, “you”, “your”) (each, a “Party” and collectively, the “Parties”), for the purchase and/or license of TekDrv Products and/or Services (as defined below in this Customer Agreement).

These Terms apply to the purchase and use of TekDrv’s digital license plate products (the “Products”) and related services (the “Services”). The Products are procured through one of the following ways:

▪ Through online purchase where the full cost of the TEKPLATE is paid up front through the TekDrv online store.

▪ Through a Dealership or Reseller partner where the cost of the TEKPLATE is paid directly to the Dealership or Reseller through a payment arrangement the Customer enters into with the Dealership or Reseller.

The Services are procured through Membership Subscriptions (the “Membership Subscriptions”), and all TEKPLATEs require an active and paid Membership Subscription. Without an active Membership Subscription, the TEKPLATE will be unable to access any of the Services. In the event that your Membership Agreement is terminated, cancelled or suspended after activation, the TEKPLATE will continue to display the state logo, the license plate number and year and month of the registration for the period of that particular registration. You are responsible to renew your vehicle registration and ensure that your registration information is displayed per applicable state regulation.

Please read these Terms, including the rules and policies linked to below or otherwise provided on the Products or on our website at https://TekDrv.com/, before using the TekDrv Product or Services. 

These Terms shall be effective (“Effective Date”) upon the electronic acceptance, click-accept, or, if signed in hard copy, the date of last signature; or in the absence of any of the foregoing, these Terms shall be effective from the date an order is placed by Customer or the time at which the Product is used by the Customer, whichever is earlier. If you do not accept these Terms, you may not use the Products or Services. To use the Product and/or Services, Customers are required to register with TekDrv at our website or via an application on the Products or otherwise provided on another device (each, a “Site”).

The Products and Services may only be used by individuals who are sixteen (16) or over in age. If you are an individual, you hereby confirm that you are sixteen (16) years or more in age. If Customer is an entity, Customer hereby confirms that the Products and Services shall only be used by its employees and agents who are sixteen (16) or more in age.

GENERAL TERMS & CONDITIONS

1. Products and Services. 

The Product may be the TekDrv TEKPLATE, or other digital license plate or related device, as further described on the Site or in TekDrv’s published price list. Customer shall use the Products and Services on the Customer vehicles on which the Products are installed (each, a “Vehicle”, and collectively, the “Vehicles”). The Services provided through the Products may include one or more of the following, depending on the version of the Products and Services that you’ve purchased, as may be further described on our Sites; such Services will be delivered for the duration set forth in the applicable ordering document:

▪ Display license plate number for Vehicle;

▪ Digital renewal of registration of Vehicle with applicable department of motor vehicles, transportation department, or other state or federal governmental entities that administer or govern the use of Vehicles (“Vehicle Authorit(y)(ies)”);

▪ Ability to track registration status per Vehicle;

▪ Anti-theft features, including display of messages such as “STOLEN”, or notification to customers, as may be further described on the Sites; and

▪ Telematics Services, which may include Services such as real-time Vehicle location, logging trips on Vehicles, recording of start and end times for trips. Telematics services are not always available and are subject to additional Membership Fees.

 2. Delivery.

TekDrv’s title to the Products and the risk of loss of or damage to the Products ordered by the Customer will pass to the Customer at the time of shipment. TekDrv may elect to deliver software updates and related Product/license information by electronic transmission or via download.

3. Authorized Use of Products and Services.

Customer Compliance. Customer acknowledges and agrees that it will use the Products and Services only in connection with its intended use and in conformance with all applicable laws. Customer shall only use the Products and Services on the Customer Vehicles on which the Products are installed to which they are assigned. Customer shall not ship, transport, or export the Products outside of the territory set forth in on the Site at the time of purchase or in the ordering document, as applicable (as applicable, the “Order”). Customer shall not resell, lease, or sublicense any of the Products or Services to any third party without TekDrv’s prior written consent. Customer agrees and acknowledges that any use of the Products or Services must be in compliance with TekDrv’s then-current policies and procedures, including, without limitation, TekDrv’s then-current privacy policy (“Privacy Policy”), as currently provided at https://TekDrv.com/privacy-policy as may be updated from time to time pursuant to the terms thereof, which is hereby incorporated by reference and made part of these Terms.

Power of Attorney. Certain of the Services may require TekDrv, or its third-party contractors acting on TekDrv’s behalf, to file requests, obtain permissions, or otherwise represent the Customer before Vehicle Authorities; by way of example but not limitation, such Services may include obtaining license plate numbers for Vehicles that will be displayed on the Products via the Services (“Power(s) of Attorney”). Customer agrees and acknowledges that Customer shall grant such Power(s) of Attorney as are reasonably requested by TekDrv for proper performance of the Services, as further provided via the Products or on the Sites. Customer hereby agrees and acknowledges that provision of the Services may be contingent and conditioned upon TekDrv’s receipt of a valid and enforceable Power of Attorney, and TekDrv shall have no obligation to perform any such Services to the extent it has not received the required Power(s) of Attorney from the Customer.

Restrictions; No Circumvention. Customer may not service, repair, modify, alter, replace, reverse engineer, or otherwise change or alter the Products or Services. Without limiting Customer’s liability for the foregoing, any such modifications, as well as any framing or installation of the Products in violation of the specifications shall void the warranty under Section 10(a) (Product Warranty). By way of example but not limitation, the addition or placement of a frame on or around the Product shall void the warranty.

TekDrv Sites. TekDrv may furnish Customer with one or more user identifications and/or passwords for use on its Sites. Customer shall be responsible for ensuring the accuracy of all information provided via the Sites, including any information required to register for or otherwise utilize the Services, the confidentiality and use of such user identifications and/or passwords and shall immediately notify TekDrv if there has been an unauthorized release, use or other compromise of any user identification or password. Customer shall be solely responsible for all use of the Sites, and TekDrv shall be entitled to rely on all Customer uses of and submissions to the Sites. TekDrv shall not be liable for any loss, cost, expense, or other liability arising out of any use of the Sites by Customer or any information on the Sites, or any disruptions in the Services or use of the Products due to inaccuracies in the information provided via the Sites. TekDrv may change or discontinue the Sites, or Customer’s right to use the Sites, at any time. Additional terms and policies may apply to Customer’s use of the Sites, as provided therein.

 4. Intellectual Property Rights.

Content. The Products, Services, and Sites may display text, software, scripts, graphics, information, data, pictures, sounds, music, or videos (“Content”) of TekDrv, our licensors, Vehicle Authorities, our other customers, or other of our licensors. All Content is owned, licensed to and/or copyrighted by TekDrv and may be used only in accordance with these Terms. The trademarks, service marks, and logos contained in the Products, or the Sites are owned by or licensed to TekDrv, and unauthorized use is prohibited. TekDrv and its licensors retain title, ownership and all other rights and interests in and to all Content.

Grant of Software License. Subject to Customer’s compliance with these Terms, as well as those of any third-party licenses for third party software included in the Products and/or Services (“Third Party Software”), as provided separately (each, a “Third Party License”), TekDrv hereby grants to Customer a non-exclusive, non-transferable, and limited license during the Service Term to:

Use and operate object code versions of the TekDrv software, including any upgrades to the software we make available to you in connection with the Services on the Products (“Software”), solely for the operation of such Products and receipt of Services via such Products.

Install and use the Third-Party Software included in the Product, subject to the terms of the Third-Party Licenses.

Reservation of Rights. All rights not expressly granted under these Terms, or the Third-Party Licenses are reserved to TekDrv, its licensors, and the licensors of the Content and the Third-Party Software. Customer will not:

▪ modify, translate, or create derivative works of the Content or the TekDrv Software;

▪ decompile, reverse engineer or reverse assemble any portion of the TekDrv Software;

▪ sell, assign, sublicense, rent, lease, loan, provide, distribute, or otherwise transfer all or any portion of the Content or the TekDrv Software;

▪ make, have made, reproduce, or copy the TekDrv Software;

▪ remove or alter any trademark, logo, copyright, or other proprietary notices associated with the Products or Services;

▪ disclose results of any program benchmark tests without TekDrv’s prior written consent; or

▪ cause or permit any other party to do any of the foregoing.

Disablement / Deletion of Software upon Termination. For the avoidance of doubt, upon any expiration or termination of this Terms of Sale, all rights granted to Customer to the TekDrv Software under Section 4(b) (Grant of Software License) above will immediately terminate.

TekDrv may terminate the display of the Content and / or operation of such TekDrv Software on the applicable Product(s) and/or trigger the deletion of the Content and /or such TekDrv Software from the applicable Product(s) remotely.

Upon TekDrv’s request, Customer will delete any materials received from TekDrv hereunder, and will thereafter provide written confirmation of such deletion.

5. Pricing

There are two applicable pricing components with respect to the purchase and use of TekDrv Products and Services. First, Customers must acquire a TEKPLATE through a one-time payment in full. This can be done online or through one of TekDrv’s Dealership or Reseller partnerships. Second, in order to utilize the Services, Customers must have an active, paid Membership Subscription.

Payment Terms. Except as otherwise provided for the applicable Products or Services in the applicable Order, in which case the terms of the Order shall prevail,

▪ all payments for Products must be made on or prior to delivery

▪ one-time charges for Services shall be paid in advance of same

▪ any recurring payments for Services (e.g., monthly, or annual recurring charges) will be made prior to the applicable period of such Services (e.g., calendar month or year)

▪ all other charges for Services (if any) will be paid in arrears (net10 days from invoice)

▪ all payments shall be made in U.S. Dollars; any fees not paid when due shall accrue interest at the rate of one percent (1%) per month, or the highest rate permissible under law, if greater; if payment is more than ten (10) days late, TekDrv may, at its election, without limiting any remedies available to TekDrv, terminate this Terms of Sale or suspend performance of the Services until payment is made current; except to the extent stated otherwise in an applicable Order, TekDrv reserves the right to increase or add new fees and charges for any Services, whether one time or recurring, by giving Customer at least thirty (30) days’ advance notice

TekDrv reserves the right to engage the services of a debt collection agency to recover any outstanding debt; you understand that you are responsible for any fees incurred in an effort to recover your outstanding debt; this includes, but is not limited to, any legal, debt collection, arbitration, or mediation fees

Taxes. Fees and other charges described in these Terms do not include and are exclusive of federal, state, or local sales, foreign withholding, use, property, excise, service, income, or similar transaction taxes, and all customs duties and tariffs now or hereafter claimed or imposed by any governmental authority upon the sale or provision of the Products or Services (“Tax(es)”) now or hereafter levied, all of which shall be for Customer’s account. Any applicable direct pay permits or valid tax-exempt certificates must be provided to TekDrv prior to the execution of this Terms of Sale. If TekDrv is required to pay Taxes, Customer shall reimburse TekDrv for such amounts, as well as any related costs, interest and penalties paid or payable by TekDrv.

Other Third-Party Charges and Expenses. TekDrv reserves the right to invoice Customer for any fees or payment obligations in connection with the Services imposed by cellular carriers, governmental or quasi-governmental bodies, including any Vehicle Authorities, in connection with the sale, installation, use, or provision of the Services, including, without limitation, applicable cellular service charges or fees or vehicle or license registration fees incurred on behalf of Customer, regardless of whether TekDrv pays the fees directly or are required by an order, rule, or regulation of a taxing jurisdiction to collect them from Customer. Taxes and other government-related fees and surcharges may be changed with or without notice, In the event that any newly adopted law, rule, regulation or judgment increases TekDrv’s costs of providing Services, Customer shall pay TekDrv’s additional costs of providing Services under the new law, rule, regulation or judgment. For the avoidance of doubt, TekDrv shall have no obligation to pay any violations, penalties, surcharges assessed against Customer by a governmental or quasi-governmental body, including any Vehicle Authority, separately from the Services.

Financing. For the benefit of our customers, TekDrv may offer financing of the products purchased through a third-party financing company.  If you choose to exercise this option, in addition to TekDrv’s terms, you will be subject to the terms and conditions of the third-party financing company.

6. Subscriptions; Auto-Renewal; Payment.

Membership Subscriptions.  By purchasing a Membership Agreement in connection with the purchase of a TEKPLATE, you will get access to the Services for your selected Membership Agreement level as long as the Membership Agreement remains active.

Bundled Membership Subscriptions with hardware payment plans. For Customers who purchased their TEKPLATE via a hardware payment plan, their recurring payment covers the fees for the purchase of the hardware as well as the associated Services. Customers will get access to the Services as long as they remain current with the payment terms associated with their Bundled Membership Subscription.

Trial Membership Subscriptions. Upon purchase and Customer activation, some TEKPLATEs will come with a 60-day trial Membership Agreement of the highest Membership available in the Customer’s particular state. At the end of the 60-day trial Membership Agreement term, Customer’s will automatically be enrolled in an annual Membership Agreement at the same level as the trial Membership Subscription.  Prior to the end of each Membership Agreementterm, and before being automatically renewed, Customer’s have the option to select a different Membership Agreement level. This Membership Agreemen tlevel will continue until cancellation of the Membership Subscription. The Membership Agreement entitles Customer’s to access TekDrv Services for each payment period until such Membership Agreement is cancelled. Membership Subscriptions and Bundled Membership Subscriptions will automatically commence on the first day following the enrolment date on a monthly or annual basis depending on Customer election when they first set up their Product. By submitting payment details in conjunction with the purchase of the Product, Customer’s agree to this charge. To avoid this charge, they must cancel their Membership Agreement by either contacting customer support or via the TekDrv mobile application.  Customers with Bundled Membership Subscriptions are NOT able to cancel their financial obligation for the remaining balance of their hardware. Membership Agreement and Bundled Membership Agreement fees are billed or charged on the first day of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, we reserve the right to cancel your subscription and to collect any rejection or insufficient funds fee and to process any such payment by the payment method submitted to us.

You have the right to change (upgrade or downgrade) your Membership Agreement level.  Upgrading your level will take effect immediately and you will be charged the difference between your existing tier and your newly upgraded level for the remainder of your subscription term.  Downgrading your level will take effect at the end of your existing term.  You understand that by changing Membership Agreement level, you will either gain or lose access to certain subscription features. The Membership Agreement level and associated features can be reviewed on the TekDrv website.

Auto-Renewal for Membership Subscriptions. Unless you opt out of auto-renewal by contacting us, any paid Membership Agreement you have signed up for will be automatically extended for successive renewal periods of the same duration as the existing term. If you terminate a paid Membership Agreement before the end of the term, you may use your Membership Agreement until the end of your then-current term and your Membership Agreement will not be renewed after your then-current term expires. Your non-termination or continued use of a paid Membership Agreement reaffirms that we are authorized to charge your payment method for that Membership Subscription. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, or as otherwise described when you initially selected to use the paid Membership Subscription. By purchasing a Membership Subscription, you acknowledge that your Membership Agreement has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Membership Agreement by you or TekDrv. To change or terminate your Membership Subscription, go to the TekDrv mobile application, or contact Customer Support at 866-477-5283.

Account Registration.  You can register by creating an account on the TekDrv Site or a TekDrv App.  All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information.  You are responsible for keeping such information up-to-date and must provide changes promptly to your account page.  TekDrv’s use of your information is governed by our Privacy Policy. The current Privacy Policy can be found at https://TekDrv.com//privacy-policy. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.

Amount to be Charged – Customers agree to pay the agreed upon monthly or annual payment specified when they purchased their TEKPLATE (plus any applicable taxes and other charges). If you are a Customer that purchased your TEKPLATE through a Dealership or Reseller, your TEKPLATE will come with a pre-paid Membership Agreement as decided by you during the purchase process. If you purchased your TEKPLATE by paying the full cost of the TEKPLATE through a one-time online purchase, you will be charged for the Membership Agreement selected at the end of your 60 day trial. If you are a Customer that purchased your TEKPLATE through the 36-month, 48-month or 4-year hardware payment plan, you will be charged for both the appropriate portion of your hardware balance AND for the Membership Subscription. If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Billing Authorization. You will be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your account and your Membership Subscription, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method in advance, for both your hardware payment (if applicable) and your Membership Subscription(s) and/or to place a hold on your payment method with respect to any unpaid charges for your hardware or your Membership Subscription(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request, and any time the information you previously provided is no longer valid. You acknowledge and agree that neither TekDrv, nor any TekDrv agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.

Third-Party Payment Processors. You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.

Bill Inquiries and Refunds. If you believe you have been billed in error for a Bundled Membership Agreement or a Membership Subscription, please notify us within 60 days of the billing date by contacting Customer Support at 866-477-5283 or emailing support@TekDrv.com. TekDrv will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.

7. Cancellation, Refunds and Payments.

Cancellation or Termination of Membership Subscription. You may cancel your Membership Agreement to the TekDrv Services by contacting us, at any time, with or without cause. After such Membership Agreement period ends or is cancelled, the subscription services will no longer be accessible to you.  You MAY NOT cancel your obligation to pay off the balance of your TEKPLATE hardware for your Bundled Membership Agreement. If you want to cancel your TEKPLATE hardware payments, a $300 early termination fee will be applicable. This fee is imposed to cover administrative and processing costs associated with the cancellation. TekDrv may immediately terminate or suspend your account, and all or a portion of your subscription, without notice if:

your payment is overdue (provided that we use reasonable efforts to notify you of the overdue payment before we terminate or suspend);

you provide false or inaccurate information;

you violate the terms of the Subscription, the Terms of Service or any other TekDrv rules or agreements then in effect;

you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright, and intellectual property laws);

you engage in conduct that is threatening, abusive or harassing to TekDrv employees, agents, or other TekDrv users, including, for example, making threats to physically harm or damage property; or

you submit profane, threatening, or racially insensitive banner message requests.  If we terminate or suspend your subscription, your license to use any software or content provided in connection with the subscription is also terminated or suspended (as applicable).

If your subscription is terminated, TekDrv has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your subscription after any suspension, a restoration of subscription fee may apply. This fee is in addition to all past due unpaid charges and other fees.

THE TEKPLATE REQUIRES AN ACTIVE AND PAID SUBSCRIPTION FOR TEKDRV SERVICES.  ANY TERMINATION, CANCELLATION OR SUSPENSION OF THE SUBSCRIPTION WILL RENDER THE TEKPLATE UNABLE TO ACCESS ANY OF THE SERVICES; PROVIDED, HOWEVER, THE TEKPLATE WILL CONTINUE TO DISPLAY THE STATE LOGO, THE LICENSE PLATE NUMBER AND THE YEAR AND MONTH OF THE REGISTRATION FOR THE PERIOD OF THAT PARTICULAR REGISTRATION. UNLESS OTHERWISE PROVIDED FOR UNDER OTHER SERVICES, YOU ARE RESPONSIBLE TO RENEW YOUR VEHICLE REGISTRATION FOR THE APPLICABLE PERIOD REQUIRED BY STATE RULES AND REGULATIONS.

Registration Renewal. Any renewal of your Membership Agreement does not include the required annual registration renewal of the subscription holders’ vehicle as required by a particular state.  A subscription holder may renew the registration of the vehicle associated with the TEKPLATE by making a payment of the applicable renewal fee at the time of the renewal plus any and all applicable taxes or charges required by any third-party payment processors as provided for in the terms of the Subscription. 

Product Refund Policy. We want you to be completely satisfied with your TEKPLATE purchase. If, for any reason, you decide to return the Product that you purchased from us for a refund, you must notify us within fifteen (15) days from the date the Product was delivered, you must return the Product to us, and we must receive it within fifteen (15) days of you notifying us of your desire to return the Product. You will be responsible for all costs associated with returning the Product to us (including uninstallation and the cost of shipping the Product back to us). After we receive your returned Product, we will refund the price you paid for the Product (minus any credits applied or partial refunds issued) excluding any applicable shipping charges from the original purchase. However, to ensure fairness to all our customers, returned plates must be in NEW or LIKE NEW condition. This means they should include all parts from the original order, and they should be free from any damage, wear, or signs of use beyond what is necessary to inspect the product. We reserve the right to refuse returns that do not meet these criteria. Once the original fifteen (15) day return window has passed, the Product may only be returned for issues covered by the Product Warranty as described in our Warranty Policy.

Order Limits / End-User or Approved Reseller Customers Only.  We reserve the right, in our sole discretion, to refuse or cancel any order and limit order quantity. We may also require additional qualifying information prior to accepting or processing any order. We sell products to end-user customers and resellers; however, we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale without our consent or through our approved reseller agreements in place.

 8. Stolen TEKPLATE.

In the event that a Customer’s TEKPLATE is stolen while they possess a product or service provided by TekDrv, the following terms and conditions shall apply:

Reporting the Theft. Customer must promptly report the theft of their digital license plate to the local law enforcement agency and obtain an official police report documenting the incident. Customer must ensure that the report lists the digital license plate as property

Notification to TekDrv. Upon obtaining the official police report, the customer shall notify TekDrv of the stolen digital license plate by contacting our TekDrv Customer Success Department via the provided contact information, or by using the Report Stolen functionality within the TekDrv mobile app.

Warranty Coverage. TekDrv offers warranty replacement coverage for digital license plate theft incidents under the general terms of our warranty program. To be eligible for warranty replacement coverage, the following conditions must be met:

Proof of police report; The customer must provide a copy of the official police report as evidence of the stolen digital license plate.

Payment of hardware balance; Customer is responsible for paying off the remaining hardware balance on the stolen TEKPLATE if they purchased it as part of a Bundled Membership Agreement with monthly or annual hardware payments. 

Payment of deductible for new TEKPLATE; Customer is responsible for an additional deductible of $399 to pay for replacement TEKPLATE, which must be paid at the time of the warranty claim submission.

If applicable, TekDrv will provide any required information to the customer’s insurance company to help process the warranty claim and any associated payments.

Warranty Claim Process. Once TekDrv receives the customer’s notification, police report, and payment of any outstanding hardware balance and of the deductible, we will initiate the warranty claim process. The customer may be required to provide additional information or cooperate in the claim processing, as necessary.

Coverage Limits. The warranty coverage provided by TekDrv is subject to the terms and conditions outlined in our general warranty program. Any limitations, exclusions, or conditions specified in the general warranty program shall also apply to digital license plate theft incidents.

Discretionary Action. TekDrv reserves the right to exercise discretion in processing warranty claims related to digital license plate theft. We may adjust, deny, or approve claims based on the circumstances and merits of each individual case.

Changes to Terms. TekDrv reserves the right to amend or update the terms and conditions of this Stolen TEKPLATE Clause at our discretion. Customers will be informed of any changes to these terms in a timely manner.

 By purchasing and using our products or services, the Customer acknowledges and agrees to abide by the terms and conditions outlined in this Stolen TEKPLATE Clause. This clause is an integral part of the overall agreement between the customer and TekDrv.

9. Acceptable Use Policy for Personalized Banner Messages.

At TekDrv, we believe in fostering a positive and inclusive community. Our digital license plates offer users in authorized states the opportunity to express themselves through personalized banner messages. However, we also recognize the importance of maintaining standards that uphold respect and consideration for all members of our community.

To ensure a welcoming environment for all users, we have established the following guidelines for acceptable banner messages:

Respect and Civility: Banner messages must be respectful and civil in nature. Users are prohibited from using language that is offensive, derogatory, discriminatory, or inflammatory. This includes, but is not limited to, content that promotes hate speech, racism, sexism, homophobia, or any form of discrimination.

No Profanity or Obscenity: Banner messages may not contain profanity, obscenity, or vulgar language. This includes explicit or graphic content that is not suitable for all audiences.

No Drug of Sexual References: Banner messages may not contain references to illegal drugs, drug paraphernalia, or illegal substances. Additionally, banner messages must refrain from explicit sexual content or references.

Legal Compliance: Banner messages must comply with all applicable laws and regulations. Users are prohibited from submitting content that violates copyright, trademark, or other intellectual property rights, as well as content that promotes illegal activities or infringes upon the rights of others.

No Negative Political or Religious Content: Banner messages must not contain negative, disparaging, or inflammatory content related to religious or political beliefs. Positive expressions of religious or political views are permitted, provided they do not promote hate speech, discrimination, or incite violence.

Appropriate Content: Banner messages must be suitable for all audiences, including children and individuals of all ages. Users are prohibited from submitting content that is explicit, violent, or otherwise inappropriate.

Violation of these guidelines will result in the removal of the offending banner message and may result in the suspension or termination of the user’s account. TekDrv reserves the right to review and approve all banner messages submitted by users to ensure compliance with this policy.

By using our digital license plate platform, users agree to abide by these guidelines and acknowledge that failure to do so may result in disciplinary action.

10. Warranties; Disclaimers.

Product Warranty. TekDrv warrants that, for a period of 24 months from the date of purchase of the Products (the “Warranty Period”), the Products sold hereunder will substantially conform to TekDrv’s published specifications in effect as of the date of manufacture (“Product Warranty”).  The foregoing warranty will NOT apply if the Product:

has been altered, except by TekDrv;

has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TekDrv, including the wired TEKPLATE which must be professionally installed by a TekDrv-approved installer;

has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or

is sold or, in the case of Software embedded on such Product, licensed, for beta, evaluation, testing or demonstration purposes.

Damaged TEKPLATES. In the event that an TEKPLATE has been damaged as a result of abnormal or electrical stress, misuse, negligence, or as a result of the vehicle with the TEKPLATE being in an accident, the Product warranty will not apply. Customers who purchased the TEKPLATE as part of a Bundled Membership Agreementwill continue to be responsible for the remaining hardware balance owed to TekDrv. If Customers stop making their monthly or annual payments, early termination fees will apply.

If a Customer has an TEKPLATE that is still within the Warranty Period, was damaged in a manner that is NOT covered by the warranty as detailed above, and they do not have a balance owed for their damaged TEKPLATE, they are encouraged to contact Customer Success at support@TekDrv.com as they will be eligible to purchase a replacement TEKPLATE for $399.

Exclusive Remedy. If during the Warranty Period:

TekDrv is notified promptly in writing upon discovery of any defect in the Product, including a detailed description of such alleged defect,

such Product has at TekDrv’s direction, either:

been returned, transportation charges prepaid, to TekDrv’s designated manufacturing facility in accordance with TekDrv ‘s then-current return procedures, as set forth by TekDrv from time to time, or

brought to a local service center identified by TekDrv; and

TekDrv’s inspections and tests determine that the Product is indeed defective and has not been subjected to any modifications, tampering or other conditions set forth in Section 11(a) (Product Warranty), then, as Customer’s sole remedy and TekDrv’s sole obligation under the foregoing warranty, TekDrv will, at TekDrv’s option, repair or replace without charge the defective Product or refund a pro-rata portion of the purchase price of the Product based on a twenty four (24) month straight-line amortization (the “Product Refund”) THE FOREGOING STATES TEKDRV’S SOLE OBLIGATION, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES, UNDER THE WARRANTY.

Disclaimers. Except as specified in the foregoing warranty, TekDrv and its vendors and licensors provide the Products, Software and Services as-is, and expressly disclaim, to the maximum extent permissible under applicable laws, all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. TekDrv does not warrant that the Products, Software, or Services will operate uninterrupted or error-free or that all errors will be corrected. In addition, TekDrv does not warrant that the Products, Software, or Services or any equipment, system, or network in communication with, used by, or connected to the Products, Software, or Services will be available, free of viruses or vulnerability to intrusion or attack. Any unavailability or disruption of network connectivity to the Products may disrupt or make unavailable the Services. To the extent any implied warranty cannot be excluded, such warranty is limited in duration to the Warranty Period. 

Representations and Warranties of Customer. Customer represents, warrants, and covenants that:

All information provided by the Customer hereunder and via the Services is accurate and complete, and may be relied upon by TekDrv for the performance of its obligations hereunder and with respect to the Services, including any Services performed on the Customer’s behalf before any Vehicle Authorities;

Customer is the owner of all Vehicles on which the Products and Services are used, and has all rights necessary with respect to the Vehicles for performance of the Services and in connection with the Powers of Attorney;

All information provided to TekDrv or its vendors in connection with the Products and Services is accurate and complete, and may be relied upon by TekDrv and its vendors in connection with the provision of the Products, the performance of the Services, and performance of other obligations under this Terms;

Customer will use the Products, Software, and Services only in conformance with all applicable laws;

Customer holds all rights, title, and interests in the Customer Content, and the display or use of the Customer Content on the Products or otherwise by TekDrv hereunder shall not infringe the patent, copyrights, trademarks, trade secrets or other proprietary rights of any third party; and

All use of the Products and Services will be in compliance with Section 3(a) (Customer Compliance), including all applicable laws.

 11. Indemnities.

Customer Claims. TekDrv will defend any claim against Customer that a Product infringes third party U.S. patents or copyrights (“Claim”) and will indemnify Customer against the final judgment entered by a court of competent jurisdiction or any settlements arising out of a Claim, provided that Customer:

▪ promptly notifies TekDrv in writing of the Claim;

▪ cooperates with TekDrv in the defense of the Claim, and

▪ grants TekDrv full and exclusive control of the defense and settlement of the Claim and any subsequent appeal.

▪ Exclusions. TekDrv has no obligation for any Claim based, in whole or in part, on:

▪ compliance with any designs, specifications, or instructions provided by Customer or a third party on Customer’s behalf;

▪ modification of a Product or Software by Customer or a third party;

▪ the amount or duration of use which Customer makes of the Product, revenue earned by Customer from services it provides that use the Product, or services offered by Customer to external or internal customers;

▪ combination, operation, or use of a Product, Software, or Services with non-TekDrv products, software, or business processes; or

▪ any use or deployment of Products, Software, or Services in violation of these Terms, the applicable Orders, TekDrv Policies, or Specifications (collectively, “Documentation”).

▪ Sole and Exclusive Remedy. If a Claim is made or appears likely, TekDrv may:

▪ procure for Customer the right to continue using the Product;

▪ replace or modify the Product with one that is non-infringing; or

▪ require Customer to return the Product and return the Product Refund to the Customer. This Section states TekDrv ‘s entire obligation and Customer’s sole and exclusive remedy regarding any Claims.

TekDrv Claims. Customer will indemnify, defend, and hold TekDrv harmless from and against all third-party claims to the extent such claims are caused by any breach by Customer of any of these Terms.

 12. Limitation of Liability. 

IN NO EVENT SHALL TEKDRV OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOST REVENUE, LOST PROFITS, OR LOST OR DAMAGED DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF TEKDRV OR ITS SUPPLIERS OR LICENSORS HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING ELSE HEREIN, ALL LIABILITY OF TEKDRV AND ITS SUPPLIERS OR LICENSORS FOR CLAIMS ARISING UNDER THIS CUSTOMER AGREEMENT OR OTHERWISE SHALL BE LIMITED TO THE MONEY PAID TO TEKDRV UNDER THIS CUSTOMER AGREEMENT DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.

13. Confidentiality; Feedback.

TekDrv Confidential Information. You agree to refrain from using TekDrv’s Confidential Information (as defined below) except as contemplated herein. Confidential Information shall not be reproduced in any form except as required to fulfil the intent of these Terms. Any reproduction of any TekDrv Confidential Information shall remain the property of TekDrv and shall contain any and all confidential or proprietary notices or legends which appear on the original. Customer shall take all reasonable steps to keep all Confidential Information strictly confidential. “Confidential Information” means all non-public information that is either designated as proprietary and/or confidential, or by the nature of the circumstances surrounding disclosure, should reasonably be understood to be confidential. TekDrv’s Confidential Information shall include, without limitation, the results of any evaluation or testing of the Product, Software, or Services by Customer.

Feedback. In the event that Customer undertakes to report to TekDrv the results of tests and/or evaluations of TekDrv’s Products, Software, or Services, or to provide other feedback regarding the foregoing or any other aspect of TekDrv’s Confidential Information (collectively, “Feedback”), any such Feedback provided by Customer:

▪ will be given entirely voluntarily by Customer, and not subject to any intellectual property right, title or claim that might be asserted by Customer against TekDrv for such Feedback under any applicable intellectual property laws;

▪ will be deemed Confidential Information of TekDrv; and

▪ will not create a confidentiality obligation on TekDrv. Customer shall not provide any Feedback to TekDrv that is subject to any confidentiality obligations or intellectual property rights of any third parties. TekDrv shall, without charge, be free to use, reproduce, license, distribute or otherwise exploit the Feedback for any purposes in perpetuity.

14. Assignment; Modification.

Customer may not assign or delegate its rights or obligations under these Terms without the prior written consent of TekDrv, which consent shall be made or withheld at TekDrv’s sole discretion. Any attempt by Customer to assign this Customer Agreement without TekDrv’s prior consent shall be null and void. TekDrv may freely transfer, assign, or delegate these Terms or its rights and duties under this Customer Agreement. Subject to the foregoing, any permitted assignment shall be binding upon and inure to the benefit of each Party and its respective successors and assignees, provided that any such assignment shall not relieve the assigning entity of any obligation to pay monies that were owed prior to the date of the assignment. No modification, addition or deletion, or waiver of any of the terms and conditions of these Terms will be binding on either Party unless made in writing.

15. Publicity

Customer agrees and acknowledges that TekDrv may identify Customer as a purchaser and user of its Products and Services.

16. Governing Law and Venue.

These Terms will be governed by the laws of the State of Florida, U.S.A., and venue for any dispute shall be in Broward County, Florida, without regard to provisions on the conflicts of laws to the contrary. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THIS AGREEMENT.

17. Disputes

Any dispute or claim relating in any way to the Products or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Customer Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Customer Agreement as a court would. To begin arbitration proceedings, you must send a letter requesting arbitration and describing your claim to us pursuant to the notice provisions under Section 19(b) (Notices to TekDrv) below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, which are available at www.adr.org or by calling 1-800-778-7879. You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually agreed location. You and TekDrv agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we and you waive any right to a jury trial. We and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

18. Severability.

If any of these Terms are held invalid, the Parties agree that such invalidity will not affect the validity of the remaining Terms or portions thereof.

19. Force Majeure.

Except for the obligation to pay monies due and owing, neither Party shall be liable for any delay or failure in performance due to events outside the defaulting Party’s reasonable control, including, without limitation, acts of God, earthquakes, labor disputes, changes in law, shortages of supplies, actions of governmental entities, riots, war, terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the defaulting Party shall be extended for a period equal to the period during which such event prevented such Party’s performance.

20. Notices.

Notices to Customer. We may provide any notice to you under this Customer Agreement by:

posting a notice on the Products or the Sites; or

sending a message to the email address or through TekDrv App then associated with your account. Notices we provide by posting on the Products or Sites will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.

Notices to TekDrv. Notices to TekDrv under this Customer Agreement must be sent by personal delivery, overnight courier or registered or certified mail to:

Attention Legal Department

TekDrv, LLC, 8335 Sunset Boulevard, Suite #364, Los Angeles, CA 90069

We may update the address for notices to us by posting a notice on the Products or Sites. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.

21. Updates to these Terms.

We may amend these Terms at any time. If we make any material changes, we will notify you by email or through the TekDrv App (sent to the e-mail address or other information specified in your account), via the Product, or otherwise by means of a notice on our Sites prior to the change becoming effective. Your continued use of the Products or Services after any modification to these Terms will constitute your acceptance of the new Terms. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THESE TERMS, YOU MUST STOP USING THE PRODUCTS AND SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.