Terms of Service

2. User Accounts

2.1 You must create an account and provide accurate information to use the Services. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. You must notify us immediately of any unauthorized use.

2.2 You may create accounts for your authorized users. You are responsible for their compliance with these Terms.

3. Customer Data

3.1 As between Fleet Sight and Customer, Customer retains all right, title, and interest in all data submitted to or collected through the Services on Customer’s behalf (“Customer Data”). Nothing in these Terms transfers ownership of Customer Data to Fleet Sight.

3.2 Customer grants Fleet Sight a non-exclusive, royalty-free license to host, use, process, transmit, and store Customer Data to provide, maintain, secure, and support the Services and as otherwise permitted by the applicable Customer agreement. Fleet Sight may create and use de-identified and aggregated data that does not identify Customer or any individual for analytics, security, and product improvement.

3.3 Customer is solely responsible for the legality of Customer Data and the means by which it is collected, including obtaining all necessary consents from drivers and employees in compliance with applicable privacy and employment laws. Customer acknowledges that the Services process location and vehicle data, and Customer bears sole responsibility for providing required notices to and obtaining required consents from individuals whose data is collected.

3.4 Service Data. Fleet Sight may collect and use data about the operation, usage, and performance of the Services (for example, logs, analytics events, and diagnostic data) to provide, maintain, secure, and improve the Services.

4. Subscription and Fees

4.1 Fees, billing, and payment terms are set out in the applicable order form or subscription agreement (the “Order Form”). In the event of conflict between these Terms and an Order Form, the Order Form prevails. All fees are exclusive of applicable taxes, which are your responsibility.

4.2 Subscription term, renewal, and payment timing are set out in the applicable Order Form. Fleet Sight may suspend or limit access to the Services for non-payment or if required to protect the Services, other customers, or applicable law.

5. Acceptable Use

5.1 You agree not to:

• Use the Services for any unlawful purpose or in violation of applicable law
• Attempt to gain unauthorized access to any part of the Services
• Interfere with the performance or availability of the Services
• Reverse engineer or attempt to derive the source code of the platform
• Copy, resell, or redistribute any part of the Services
• Use the Services to monitor individuals without proper legal authority

6. Intellectual Property

6.1 The Services, including all software, design, and documentation, are and remain the exclusive property of Fleet Sight Inc. These Terms grant you only a limited right to use the Services during your subscription term. Feedback you provide may be used by Fleet Sight without restriction or obligation.

7. Confidentiality

7.1 Each party agrees to hold in confidence all non-public information disclosed by the other party that is designated as confidential or reasonably should be understood to be confidential (“Confidential Information”). Customer Data is Customer’s Confidential Information. Confidential Information may only be disclosed to employees, contractors, and agents with a need to know who are bound by equivalent confidentiality obligations.

7.2 These obligations do not apply to information that is publicly available, was already known, was independently developed, or is required to be disclosed by law.

8. Warranty Disclaimer

8.1 The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Fleet Sight does not warrant that the Services will be uninterrupted or error-free, or that any data provided through the Services will be accurate or complete. Data may be subject to inaccuracies due to factors outside of Fleet Sight’s control and should not be relied upon for safety-critical decisions.

9. Limitation of Liability

9.1 To the maximum extent permitted by law, Fleet Sight shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunity, or goodwill, arising from these Terms or your use of the Services, regardless of the theory of liability.

9.2 Fleet Sight’s total aggregate liability shall not exceed the fees paid by you during the twelve (12) months preceding the event giving rise to the claim.

9.3 These limitations do not apply to liability that cannot be excluded under applicable law.

10. Indemnification

10.1 You agree to indemnify and hold harmless Fleet Sight from any claims, damages, and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your violation of applicable law; (c) your failure to obtain required consents for data collection; or (d) third-party claims arising from your Customer Data.

10.2 Any intellectual property infringement indemnity that Fleet Sight provides (if any) will be set out in the applicable Order Form.

11. Term and Termination

11.1 Either party may terminate an Order Form as set out in the Order Form. Either party may terminate these Terms (and any applicable Order Form) if the other party materially breaches and fails to cure within a reasonable period after written notice (if capable of cure). Fleet Sight may suspend access immediately if your use poses a security risk or is required by law.

11.2 Data export and deletion are described in the applicable Order Form. Following termination or expiration, Fleet Sight may delete Customer Data in accordance with the applicable Customer agreement, its retention practices, and applicable law.

11.3 Sections 3 (Customer Data), 6 (Intellectual Property), 7 (Confidentiality), 8 (Warranty Disclaimer), 9 (Limitation of Liability), and 10 (Indemnification) survive termination.