Last Updated: April 2023
These Terms of Service ("Terms") govern your access to and use of Fleetstack Ltd.'s ("Fleetstack", "we", "us", or "our") software as a service application Fleetstack (the "App") and any related services (collectively, the "Services"). Please read these Terms carefully before using the App or Services.
By using the App or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the App or Services.
To use the App or Services, you may be required to create an account. You agree to provide accurate and complete information when creating your account and to keep this information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized access to or use of your account.
Subject to these Terms, Fleetstack grants you a limited, non-exclusive, non-transferable, and revocable license to use the App and Services for your internal business purposes.
You agree not to:
a. Use the App or Services for any illegal or unauthorized purpose;
b. Access, tamper with, or use non-public areas of the App or Services, or attempt to probe, scan, or test the vulnerability of our systems;
c. Copy, modify, distribute, or create derivative works based on the App or Services;
d. Reverse engineer, decompile, or disassemble the App or any part of the Services;
e. Share, sublicense, rent, or lease your access to the App or Services to any third party;
f. Use any robot, spider, scraper, or other automated means to access the App or Services;
g. Violate these Terms or any applicable laws or regulations.
All intellectual property rights in the App and Services, including but not limited to copyrights, trademarks, and trade secrets, are owned by Fleetstack or its licensors. You acknowledge that your use of the App or Services does not grant you any ownership or other rights in the App, Services, or any related intellectual property.
Certain features of the App or Services may require payment of fees. You agree to pay all applicable fees for the features you select, and you authorize us to charge your payment method for such fees. All fees are non-refundable, except as required by law or as otherwise stated in these Terms.
We may terminate or suspend your access to the App or Services at any time, without notice, if we believe that you have breached these Terms. You may also terminate your account and discontinue using the App or Services at any time.
Upon termination, all rights granted to you under these Terms will cease, and you must immediately cease all use of the App and Services.
The App and Services are provided "as is" and without warranty of any kind. To the maximum extent permitted by law, Fleetstack disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by law, Fleetstack shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of your use of the App or Services, or your inability to use the App or Services.
In no event shall Fleetstack's total liability to you for all damages, losses, or causes of action arising under these Terms exceed the amount you have paid to Fleetstack for use of the App or Services in the twelve (12) months preceding the claim.
You agree to indemnify, defend, and hold harmless Fleetstack, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the App or Services, your violation of these Terms, or your infringement of any intellectual property or other right of any third party.
These Terms and any dispute arising out of or relating to these Terms, the App, or the Services shall be governed by the laws of the United Kingdom, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in London, United Kingdom, for the resolution of any disputes arising out of or relating to these Terms, the App, or the Services.
If a dispute arises between you and Fleetstack related to these Terms, the App, or the Services, you and Fleetstack agree to first attempt to resolve the dispute informally by contacting each other and discussing the matter in good faith. If the dispute cannot be resolved informally within thirty (30) days, either party may initiate binding arbitration in accordance with the rules and procedures of the London Court of International Arbitration.
You agree that any arbitration shall be conducted on an individual basis and not as part of a class, consolidated, or representative action. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
We may update these Terms from time to time. If we make significant changes, we will notify you through the App, by email, or by posting a notice on our website. Your continued use of the App or Services after the changes become effective constitutes your acceptance of the updated Terms.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed replaced by a valid, legal, and enforceable provision that most closely matches the intent of the original provision.
No waiver of any provision of these Terms by Fleetstack shall be deemed a further or continuing waiver of such provision or any other provision, and Fleetstack's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or any rights or obligations hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.
These Terms, together with any additional terms and conditions that may be provided with respect to specific features or services, constitute the entire agreement between you and Fleetstack with respect to the App and Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App and Services.
If you have any questions or concerns about these Terms or the App or Services, please contact us at:
2-5, Trade Tower
London, United Kingdom
Email: [email protected]