Fleetune North America Terms of Service

These North America Terms of Service (the "Terms") govern access to and use of Fleetune's services made available for customers in North America through us.fleetune.com, related websites, mobile applications, driver applications, APIs, dashboards, route optimization tools, dispatch tools, tracking tools, messaging tools, settlement tools, documentation, and support channels (collectively, the "Service").

These Terms are between the business, organization, or individual accepting them ("Customer," "you," or "your") and Fleetune Inc., unless an applicable order form, statement of work, online checkout, reseller agreement, or other written agreement identifies another Fleetune affiliate as the contracting entity ("Fleetune," "we," "us," or "our").

Fleetune Inc. is the seller and merchant of record for paid plans purchased through the Service. Payments are collected on Fleetune's behalf by Eximbay Co., Ltd. ("Eximbay" or the "Payment Processor"), a licensed payment service provider based in the Republic of Korea, whose secure checkout page collects Customer's payment details. Eximbay's own terms and privacy notice apply to Customer's use of its checkout page. These Terms govern the purchase itself and Customer's access to and use of the Fleetune Service.

By creating an account, clicking to accept, signing an Order Form, accessing the Service, or allowing Authorized Users to use the Service, Customer agrees to these Terms. If a separate written agreement or Order Form conflicts with these Terms, that document controls for the conflicting subject matter.

"Account" means the workspace, login, customer profile, or other access credential used to access the Service.

"Authorized User" means Customer's employees, contractors, drivers, dispatchers, administrators, or other persons Customer permits to use the Service under Customer's Account.

"Customer Data" means information, files, routes, addresses, delivery records, contact details, driver or vehicle data, location data, images, messages, API payloads, and other content submitted to or generated through the Service by or for Customer.

"Order Form" means an online order, pricing page checkout, quotation, statement of work, purchase order accepted by Fleetune, or other written ordering document that describes the Service, fees, subscription term, usage allotments, or special terms.

The Service is intended for business and organizational use, not for use by children or for personal household purposes. Customer represents that it has authority to bind the business or organization on whose behalf the Service is used. Individual users must be at least 18 years old, or the age of majority in their jurisdiction if higher.

Customer must provide accurate registration, billing, and contact information and keep that information current. Fleetune may require email, phone, SMS, payment-card, domain, or other verification before approving, continuing, or expanding access to the Service.

Customer is responsible for all activity under its Account, including activity by Authorized Users, administrators, drivers, contractors, and third parties using Customer's credentials, API keys, or integrations. Customer must protect IDs, passwords, API keys, tokens, and devices and promptly notify Fleetune of suspected compromise or unauthorized use.

Fleetune provides business software for route optimization, dispatch planning, driver guidance, fleet monitoring, delivery status sharing, proof-of-delivery workflows, notifications, settlement support, API access, and related mobility or logistics operations. Specific features, limits, and commercial terms are described in the applicable Order Form, pricing page, documentation, or in-Service notices.

The Service may generate optimized routes, estimated travel times, suggested sequences, dispatch assignments, navigation support, cost or toll information, delivery status information, message events, location displays, and operational reports. These outputs are informational and operational tools. They do not replace professional judgment, driver responsibility, road conditions, traffic laws, safety practices, transportation regulations, labor obligations, or Customer's own compliance duties.

Fleetune may offer free trials, beta features, pilot programs, custom integrations, APIs, or professional services. Unless the applicable Order Form states otherwise, trial and beta features are provided for evaluation, may be changed or discontinued, and may be subject to reduced support or availability commitments.

Customer may access the Service only as permitted by these Terms, the Order Form, applicable documentation, and the plan or usage tier purchased. Fleetune may apply technical limits to routes, dispatches, vehicles, messages, API calls, storage, users, devices, workspaces, or other usage metrics.

Customer is responsible for obtaining and maintaining internet access, mobile devices, vehicle devices, browsers, operating systems, app store accounts, data plans, mapping permissions, and other equipment or services needed to use the Service. Fleetune is not responsible for delays, failures, inaccurate location readings, or data loss caused by Customer systems, device settings, carrier networks, GPS limitations, third-party services, or unavailable integrations.

Customer may not resell, sublicense, white-label, time-share, or provide access to the Service to third parties except as expressly allowed in an Order Form or documentation. Customer remains responsible for any third-party user it invites or permits to use the Service.

Customer and Authorized Users may not use the Service to violate law, infringe rights, misappropriate data, send unlawful communications, interfere with service operations, reverse engineer non-public components, bypass technical limits, introduce malware, scrape or harvest data except through authorized APIs, overload systems, perform security testing without written permission, or access the Service in a way that is fraudulent, abusive, or harmful.

Customer may not submit false, misleading, unlawful, discriminatory, defamatory, obscene, harassing, threatening, or infringing content, or use the Service to track, contact, profile, or monitor any person without required notice, consent, authorization, and legal basis.

Fleetune may remove or restrict Customer Data, suspend users, suspend features, block messages, throttle API calls, or terminate access if Fleetune reasonably believes Customer has violated these Terms, poses security or legal risk, causes service disruption, fails to pay amounts due, or uses the Service in a way that may harm Fleetune, other customers, drivers, recipients, partners, or the public.

Customer is solely responsible for determining whether and how to collect, use, disclose, retain, or share personal information, precise location information, driver information, vehicle information, delivery-recipient information, images, signatures, proof-of-delivery materials, or communication records through the Service.

Customer must provide all notices, obtain all consents, maintain all permissions, and satisfy all legal bases required under applicable privacy, labor, employment, telecommunications, consumer, transportation, insurance, vehicle, safety, and geolocation laws in the United States, Canada, and any other jurisdiction where Customer or its Authorized Users operate.

Customer must ensure that drivers use the Service safely and lawfully. Routes, navigation instructions, estimated arrival times, traffic information, toll information, and location displays may be incomplete, delayed, unavailable, or inaccurate. Drivers must follow actual road conditions, signs, restrictions, and traffic laws, and must not interact with the Service while driving in a manner prohibited by law or unsafe under the circumstances.

The Service is not designed for emergency dispatch, public safety dispatch, law enforcement dispatch, life-critical logistics, hazardous materials compliance, regulated carrier compliance, hours-of-service compliance, payroll compliance, or any use where failure could cause death, personal injury, property damage, or legal violation, unless Fleetune expressly agrees in writing to that specific use case.

The Service may allow Customer to send or trigger emails, SMS/MMS messages, push notifications, app messages, messaging-app communications, delivery links, tracking links, proof-of-delivery messages, or other communications to drivers, employees, contractors, customers, delivery recipients, or other contacts.

Customer is responsible for the content, timing, recipients, consent status, opt-out handling, and legality of communications it sends or triggers through the Service. Customer must comply with applicable anti-spam, telemarketing, texting, email marketing, privacy, consumer-protection, and carrier requirements, including requirements that may apply under U.S. and Canadian law.

Fleetune may block or limit communications that appear unlawful, abusive, fraudulent, high-risk, carrier-rejected, or likely to harm deliverability, network integrity, or recipients. Delivery of communications is not guaranteed and may depend on carriers, messaging providers, devices, app settings, network availability, and recipient actions.

The Service may interoperate with or depend on third-party maps, navigation tools, geocoding providers, cloud infrastructure, payment processors, messaging providers, mobile app stores, analytics providers, customer systems, or partner services. Third-party services may be subject to their own terms, privacy notices, fees, limits, suspensions, outages, and data practices.

Fleetune is not responsible for third-party services, third-party content, third-party data, third-party fees, or disputes between Customer and a third-party provider, unless Fleetune expressly agrees otherwise in writing. Fleetune may modify, replace, suspend, or discontinue integrations when required by law, by a provider, for security, for operational reasons, or when commercially reasonable.

Customer must pay all fees, charges, taxes, and other amounts described in the applicable Order Form, pricing page, invoice, or checkout flow. Paid access to the Service is sold as a prepaid pass: Customer pays once, in advance, for a selected number of vehicles and a selected access period, and the Service grants the corresponding vehicle count and stop allowance at the time of purchase. Fees may be based on prepaid passes, add-on purchases, vehicles, access periods, stops, users, professional services, or other metrics. Unless the Order Form or checkout states otherwise, fees are stated in U.S. dollars.

Orders placed through the Service are contracts between Customer and Fleetune. Fleetune sets prices, issues receipts and invoices, grants the purchased pass, provides order support, and decides refunds under the Refund Policy. The payment processor collects the payment on Fleetune's behalf, handles card and wallet credentials, performs fraud screening, and returns approved refunds to the original payment method at Fleetune's instruction. Fleetune does not see or store full card numbers.

Unless the Order Form states otherwise, fees are due in full at checkout in the currency stated at checkout or on the invoice, are exclusive of taxes unless shown otherwise, and are payable by the payment methods made available at checkout (currently credit and debit cards, PayPal, and Apple Pay). Payment processing is performed by the Payment Processor and the card networks, wallet providers, and financial institutions it works with.

Prepaid passes do not renew automatically and Fleetune does not store a payment method for recurring charges. A pass simply expires at the end of its access period, and Customer is not charged again unless Customer makes a new purchase. There is nothing to cancel to stop future charges. Customer may purchase a new pass at any time, including while an existing pass is still valid; in that case the purchased stops are added to the remaining stop allowance and the expiry date is extended by the newly purchased access period. Vehicle counts purchased on a pass are cumulative and cannot be reduced during the access period, because the pass is paid in full in advance.

Customer is responsible for sales tax, use tax, GST/HST, PST, QST, VAT, withholding tax, customs duties, and similar taxes, except taxes based on Fleetune's net income. Where Fleetune is required to collect a transaction tax, it will be shown at checkout or on the invoice. If Customer is tax-exempt or registered for a relevant transaction tax, Customer must provide valid exemption or tax registration documentation to Fleetune at biz@fleetune.com before purchase; Fleetune may decline to refund tax collected on a purchase made before valid documentation was provided.

If payment fails, is reversed, or is disputed, Fleetune or the Payment Processor may decline or cancel the order, suspend or limit access, withhold deliverables, require prepayment, or terminate the Account after reasonable notice where required by law or the Order Form. Fleetune does not store a payment method, so no amount is charged to a saved card without a new checkout by Customer. Customer remains responsible for all properly incurred charges before cancellation or termination takes effect.

Each pass grants a stop allowance determined by the plan and the number of vehicles purchased, as described on the pricing page or Order Form and subject to the plan's minimum vehicle count. The access period Customer selects determines only the expiration date of the pass; it does not change the fee or the stop allowance. The full stop allowance is granted at the time of purchase and may be used at any time before the pass expires. Fleetune does not bill for usage above the allowance; instead, dispatching is blocked once the allowance is exhausted until Customer purchases additional stops or a new pass.

Stops are a usage allowance, not cash, stored value, a deposit, or a prepaid instrument. Stops are not redeemable for cash, are non-transferable between accounts, and have no cash value. When a pass expires, any unused stops are forfeited, vehicle entitlements end, drivers are suspended, and the Account becomes read-only for dispatching until a new pass is purchased. Customer data remains subject to Fleetune's retention practices described in the Privacy Policy.

Add-on stop purchases increase the stop allowance for the remainder of the current access period but do not extend the expiration date.

Any free, trial, promotional, or goodwill allowances are not refundable and expire at the end of their own stated period regardless of any paid pass Customer may hold, unless Fleetune states otherwise or applicable law requires otherwise. When a trial ends, the vehicle count and any unused stops granted by that trial are removed; anything Customer purchased is unaffected.

Refunds are governed by Fleetune's North America Refund Policy, the applicable Order Form, and applicable law. If the Service is unavailable due to a Fleetune system error, if Customer is charged incorrectly, if Customer is charged twice, if Fleetune fails or unreasonably delays in delivering paid access due to a technical issue, or if another refundable event described in the Refund Policy occurs, Customer may request a refund through Fleetune's support channels.

Fleetune decides refund requests. Approved refunds are returned through the Payment Processor to the original payment method where possible. Fleetune does not pay refunds by other means unless Fleetune expressly agrees otherwise in writing.

Unless the Refund Policy, Order Form, or applicable law provides otherwise, consumed services, completed professional services, third-party pass-through charges, and fees incurred after the refund request window are not refundable. Fleetune may issue or approve a partial refund, service credit, technical workaround, re-performance, or other commercially reasonable remedy where appropriate. Any service credit is applied solely against future pass purchases for the same account, has no cash value, is non-transferable and non-refundable, and expires twelve (12) months after issuance or upon termination of the account, whichever is earlier.

Fleetune will use commercially reasonable efforts to provide the Service, but the Service may be unavailable, delayed, degraded, changed, or suspended due to maintenance, upgrades, security response, capacity limits, outages, system failures, telecommunications or cloud issues, third-party service issues, legal requirements, force majeure events, or other circumstances.

Fleetune may change, add, remove, limit, or discontinue features, interfaces, APIs, documentation, pricing, or usage metrics. For material changes that adversely affect paid Service functionality, Fleetune will provide notice through the Service, by email, in an Order Form, or by other reasonable means when commercially practicable.

Fleetune is not responsible for loss or damage caused by free services, beta services, third-party services, Customer systems, or events outside Fleetune's reasonable control, except to the extent liability cannot be excluded under applicable law.

Customer retains ownership of Customer Data. Customer grants Fleetune a worldwide, non-exclusive, royalty-free right to host, process, transmit, display, copy, modify, create technical derivatives of, and otherwise use Customer Data as needed to provide, secure, support, improve, analyze, and operate the Service; comply with law; enforce these Terms; and prevent fraud or abuse.

Customer represents that it has all rights, notices, consents, authorizations, and legal bases required for Fleetune to process Customer Data as described in these Terms, the Privacy Policy, the applicable Order Form, and any applicable data processing agreement. Customer must not submit unnecessary sensitive information or legally restricted data unless the applicable Order Form or written instructions expressly allow that use.

Fleetune will maintain reasonable administrative, technical, and organizational safeguards designed to protect Customer Data. No service can guarantee absolute security, and Customer is responsible for configuring access controls, user permissions, device controls, integrations, exports, retention settings, and administrative practices appropriate for its use case.

Fleetune may create and use aggregated, de-identified, or anonymized information that does not identify Customer or any individual for analytics, benchmarking, model improvement, product improvement, security, and business purposes, subject to applicable law.

Customer is responsible for Customer Data and any content submitted, uploaded, posted, transmitted, or displayed through the Service. Fleetune may remove or restrict content that Fleetune reasonably believes violates these Terms, applicable law, third-party rights, or service policies.

Customer retains rights in its content. Fleetune retains all rights in Fleetune materials, software, algorithms, interfaces, workflows, templates, documentation, analytics, reports generated from Fleetune technology, and other Fleetune intellectual property, excluding Customer Data.

If Customer provides feedback, suggestions, or ideas, Fleetune may use them without restriction or compensation. Fleetune will not publicly identify Customer as a customer in marketing materials without Customer's permission, unless the applicable Order Form states otherwise.

Copyright owners may send takedown requests or infringement notices to Fleetune's published support or legal contact. Fleetune may remove allegedly infringing content and take action against repeat infringers where appropriate.

Each party may receive non-public information from the other party that is marked confidential or should reasonably be understood to be confidential given the nature of the information and circumstances of disclosure. Confidential information includes non-public product plans, security information, pricing, business information, technical information, and Customer Data.

The receiving party will use confidential information only to perform or receive the Service, protect it using reasonable care, and disclose it only to personnel, contractors, advisors, service providers, or affiliates who need to know it and are bound by appropriate confidentiality obligations. Confidentiality obligations do not apply to information that is publicly available without breach, independently developed, rightfully received from a third party, or approved for release in writing.

A party may disclose confidential information when required by law, subpoena, court order, regulator, or government authority, if it provides legally permissible notice and reasonable cooperation to the other party.

These Terms begin when Customer first accepts them or uses the Service and continue until all subscriptions, Orders, and Accounts governed by these Terms expire or are terminated. Customer may stop using the Service or cancel as permitted in the Service, Order Form, or applicable documentation.

Fleetune may suspend or terminate the Service or Account if Customer materially breaches these Terms, fails to pay undisputed amounts when due, creates legal or security risk, misuses the Service, becomes insolvent, or if continued service becomes unlawful or commercially impracticable. Fleetune will provide notice and an opportunity to cure where reasonable and legally required.

Upon termination, Customer's right to access the Service ends, and Fleetune may disable accounts, integrations, API keys, and access credentials. Customer is responsible for exporting Customer Data before termination where the Service allows export. Fleetune may retain or delete Customer Data according to its retention practices, Privacy Policy, legal obligations, backup cycles, and any applicable data processing agreement.

Sections that by their nature should survive termination will survive, including payment obligations, confidentiality, ownership, disclaimers, limits of liability, indemnities, dispute resolution, and miscellaneous provisions.

Each party represents that it has authority to enter into these Terms. Fleetune warrants that it will provide paid Service functionality in a professional and workmanlike manner in material accordance with applicable documentation, subject to these Terms and any Order Form.

Except for the express warranty above, the Service and all outputs are provided "as is" and "as available." To the maximum extent permitted by law, Fleetune disclaims all implied warranties and conditions, including merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, uninterrupted operation, error-free operation, and any warranty arising from course of dealing or usage of trade.

Fleetune does not warrant that routes, dispatch suggestions, traffic estimates, toll estimates, ETAs, geocoding, maps, location data, notifications, settlement calculations, cost estimates, analytics, or other outputs will be accurate, complete, compliant, available, or suitable for Customer's specific operational, legal, safety, or business needs.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages; lost profits; lost revenue; lost savings; loss of goodwill; business interruption; replacement services; loss or corruption of data; or claims by third parties, even if advised of the possibility of those damages.

To the maximum extent permitted by law, Fleetune's total liability arising out of or related to the Service, these Terms, or any Order Form will not exceed the amounts Customer paid to Fleetune for the Service giving rise to the claim during the 12 months before the event giving rise to liability. For free, trial, beta, or unpaid services, Fleetune's total liability will not exceed USD $100.

The limitations above do not apply to liability that cannot be limited under applicable law, or to Customer's payment obligations, Customer's misuse of the Service, Customer's violation of law, or either party's indemnification obligations to the extent the applicable law does not permit limitation.

Customer will defend, indemnify, and hold harmless Fleetune, its affiliates, and their personnel from claims, damages, liabilities, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising from Customer Data; Customer's or Authorized Users' use of the Service; Customer's products, services, vehicles, drivers, deliveries, passengers, recipients, employees, contractors, or operations; Customer's violation of law; or Customer's breach of these Terms.

Fleetune will defend Customer against a third-party claim alleging that the paid Service, as provided by Fleetune and used as authorized, directly infringes a U.S. or Canadian patent, copyright, or trademark, and will pay damages and costs finally awarded against Customer or agreed in settlement. Fleetune has no obligation for claims caused by Customer Data, modifications not made by Fleetune, combinations with non-Fleetune products, unauthorized use, free or beta features, or use after Fleetune provides a non-infringing alternative or termination right.

The indemnified party must promptly notify the indemnifying party of the claim, give reasonable cooperation, and allow the indemnifying party to control the defense and settlement, provided no settlement may impose non-monetary obligations or admissions on the indemnified party without consent.

Fleetune may provide notices through the Service, account dashboard, website posting, email, SMS, push notification, invoice, or other reasonable means. Customer may provide notices through the support channel identified in the Service or by email to Fleetune's published contact address.

Fleetune may update these Terms from time to time. If changes are material, Fleetune will provide reasonable advance notice through the Service, by email, or by other reasonable means. Changes become effective on the stated effective date. Continued use of the Service after the effective date means Customer accepts the updated Terms. If Customer does not agree, Customer must stop using the Service and, where applicable, may terminate the affected subscription as permitted by the Order Form.

Unless an Order Form states otherwise, these Terms are governed by the laws of the State of Delaware, U.S.A., and applicable U.S. federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing a formal claim, the parties will try in good faith for 30 days to resolve the dispute through business escalation after written notice describing the claim and requested relief.

Except for claims that may be brought in small claims court, claims for injunctive or equitable relief, or collection of undisputed amounts due, disputes will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will be conducted in English, by video conference unless the arbitrator requires otherwise, and the seat of arbitration will be Delaware, U.S.A., unless the parties agree otherwise.

To the maximum extent permitted by law, disputes must be brought only on an individual basis and not as a plaintiff or class member in any class, consolidated, collective, private attorney general, or representative action. If this class action waiver is unenforceable for a particular claim, that claim must be severed and resolved in a court of competent jurisdiction.

If Customer is located in Canada or another jurisdiction where mandatory laws limit arbitration, venue, governing law, or class waiver terms, those mandatory laws apply only to the extent required, and the remaining terms continue to apply to the maximum extent permitted.

Customer must comply with applicable export control, sanctions, anti-boycott, anti-corruption, anti-bribery, and trade compliance laws. Customer may not use, export, re-export, transfer, or make the Service available in violation of those laws or to sanctioned parties, embargoed regions, or prohibited end uses.

Customer may not use the Service to support unlawful surveillance, discrimination, unsafe driving practices, unauthorized tracking, illegal transportation, human trafficking, or any activity that Fleetune reasonably determines creates unacceptable legal, safety, security, or reputational risk.

Customer may not assign or transfer these Terms, an Account, or Service rights without Fleetune's prior written consent, except to a successor in connection with a merger, reorganization, or sale of substantially all assets, provided the successor is not a competitor of Fleetune and agrees to be bound by these Terms. Fleetune may assign these Terms to an affiliate or successor.

Fleetune may use affiliates, contractors, service providers, and subprocessors to provide the Service, but remains responsible for its obligations under these Terms. If any part of these Terms is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver. These Terms, together with any Order Form and incorporated policies, are the entire agreement for the Service and supersede prior or contemporaneous agreements on the same subject matter.

Questions about these Terms may be directed to Fleetune at biz@fleetune.com or through the support channel made available in the Service.

Free Trial. New accounts may receive a free trial of the Pro plan for up to fourteen (14) days or one thousand five hundred (1,500) stops, whichever occurs first, limited to three (3) vehicles. No payment method is required to start a trial. One trial per organization. At the end of the trial, the account becomes read-only until a paid plan is selected; trial data is retained for thirty (30) days after the trial ends and then permanently deleted. Fleetune may modify, limit, or discontinue trials at any time and may suspend trial accounts that violate these Terms or exhibit abusive usage.