LEGAL

Terms of Service

Last update: May 3th, 2020

Welcome to Fleet!

Thank you for using Fleet! We are happy you are here. You must read this Terms of Service agreement carefully before accessing or using Fleet.

Introduction

Subject to these Terms of Service (this "Agreement"), Fleet FN Inc. ("Fleet", "we", "us" and/or "our") provides access to Fleet's cloud platform, including, without limitation, this website, certain API's, applications, software, products, and services (collectively, the "Services"). By using or accessing the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement.

"The User," "You," and "Your" refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.

The “Website” refers to Fleet’s website located at fleetfn.com, and all content, services, and products provided by Fleet at or through the Website. It also refers to Fleet-owned subdomains of fleetfn.com, such as console.fleetfn.com

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://fleetfn.com/privacy.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

1. Eligibility & Registration

1.1 The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Services, you represent and warrant that you are 13 years of age or older. If you are under the age of 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

1.2 To sign up for the Services, you must register for an account on the Services (an "Account"). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify Fleet promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these Terms of Service and shall constitute grounds for immediate termination of your account and your right to use the Website. FLEET WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE.

2. Content

2.1 All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

2.2 We do not pre-screen User Content, but we have the right (though not the obligation) to refuse or remove any User Content that, in our sole discretion, violates any Fleet terms or policies.

2.3 By adding a collaborator or admin to your Application, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Application(s) and Content as permitted by the relevant Fleet Services functionality or features for the sole purpose of collaborating on development of the Application(s).

3. Acceptable Use

3.1 Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

3.2 Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

  • is unlawful or promotes unlawful activities;
  • is or contains sexually obscene content;
  • is libelous, defamatory, or fraudulent;
  • is discriminatory or abusive toward any individual or group; contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

3.3 Conduct Restrictions

While using Fleet, you agree that you will not under any circumstances:

  • harass, abuse, threaten, or incite violence towards any individual or group, including Fleet employees, officers, and agents, or other Fleet Users;
  • use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
  • attempt to disrupt or tamper with Fleet's servers in ways that could harm our Website or Service, to place undue burden on Fleet's servers through automated means, or to access Fleet's Service in ways that exceed your authorization);
  • impersonate any person or entity, including any of our employees or representatives, including through false association with Fleet, or by fraudulently misrepresenting your identity or site's purpose; or
  • violate the privacy of any third party, such as by posting another person's personal information without consent.
  • sublicense, resell, rent, lease, transfer, assign, or otherwise commercially exploit or make the Services available to any third party.
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (where reverse engineering is permitted by applicable law obtaining such information as is necessary to achieve interoperability with Fleet's services, you must first request such information from Fleet).
  • modify, translate, or create derivative works based on the Services (except to the extent expressly permitted by Fleet or authorized within the Services) or otherwise attempt to gain unauthorized access to the Services or its related systems or networks.
  • remove, alter or obscure in any way any proprietary rights notices (including copyright notices) of Fleet or within the Services or documentation;
  • violate any applicable laws or regulations (including without limitation in violation of any data, privacy or export control laws) or infringe the rights of any third-party in connection with the use or access of the Services. You shall comply with any codes of conduct, policies or other notices, Fleet provides you or publishes in connection with the Services, and you shall promptly notify Fleet if you learn of a security breach related to the Services. Without limiting the foregoing, you acknowledge that Fleet may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data, code or other content will be retained by the Services, the maximum storage space that will be allotted on Fleet's servers on your behalf, and the maximum compute capacity provided for the execution of builds and functions and the maximum network data transferred by the Services. You further acknowledge that Fleet reserves the right to change these general practices and limits at any time, in its sole discretion.

3.4 Excessive Bandwidth Use on Free Services

For free Fleet services: if we determine that your bandwidth usage is significantly excessive in relation to other Fleet customers, we reserve the right to suspend your account or limit your service until you can reduce your bandwidth consumption.

3.5 User Protection

You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.

4. Violation of Copyright, Trademark, Patent or Trade Secret

4.1 Users may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") (as required under 17 U.S.C. §512) and all other applicable international trademark, copyright, patent or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties. Fleet will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a User of Fleet is violating its intellectual property rights, it should notify us by email at [email protected]. A notification should include information reasonably sufficient to permit Fleet to locate the allegedly infringing material, such as the URL of the specific online location where the alleged infringement is occurring.

5. Intellectual Property Notice

5.1 Fleet and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Fleet FN, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Fleet.

6. Payments and Billing

6.1 Pricing

Our pricing and payment terms are available at fleetfn.com/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

6.2 Billing Schedule; No Refunds

For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period.

In order to treat everyone equally, no exceptions will be made.

6.3 Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, or other approved methods of payment for fees that you authorize for Fleet.

6.4 Suspension for Nonpayment

If a User is past due on their balance, Fleet may send up to three (3) email notifications within a fifteen (15) day period before suspending the User's account. Services will be temporarily powered off during the suspension period. Fleet reserves the right to delete the User's suspended Services after the final termination notice.

7. Communications

By using the Services, you consent to receiving electronic communications from Fleet. These electronic communications may include notices about applicable Services fees and charges related to the Services and transactional or other information concerning or related to the Services. These electronic communications are part of your relationship with Fleet and you receive them as part of your use of the Services. You agree that any notices, agreements, disclosures or other communications that Fleet sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

8. Warranty Disclaimer and Beta Services

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:

  • which Users gain access to the Services;
  • what Content you access via the Services; or
  • how you may interpret or use the Content.

Fleet provides the Website and the Service "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Fleet does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

8.1 Beta Services

Fleet may offer "beta" versions or features of the Services (each, a "Beta Service"). Fleet will determine, at its sole discretion, the availability, duration (the "Trial Period"), features, and components of each Beta Service. For avoidance of doubt, any Beta Service is a form of the Services and the provision and use of any Beta Service is subject to the entirety of this Agreement, unless otherwise provided for in this Section 8.1.

ANY BETA SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FLEET SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY BETA SERVICE. Notwithstanding anything to the contrary in this Agreement, in no event will Fleet be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof. If Fleet permits you to use a Beta Service, you agree to provide Fleet Feedback and respond to Fleet's questions or other inquiries regarding your use of the Beta Service, if requested and as applicable. If Fleet permits you to use a Beta Service, you specifically agree, in addition to the requirements set forth in Section 3 of this Agreement, to not: (i) use the Beta Service for benchmarking or performance testing or publicly disseminate performance information or analysis from any source relating to the Service; (ii) modify or create derivative works of the Beta Service or remove any product identification, proprietary, copyright or other notices contained in the Beta Service; or (iii) allow any other individual to access or use the Beta Service. Fleet at its sole discretion shall determine whether or not to continue to offer any Beta Service, and may cease offering any Beta Service at any time. Upon completion of a Trial Period, you may lose access to the applicable Beta Service, unless or until the features of the Beta Service are incorporated into the Services, and you agree to return or destroy all copies of documentation and confidential information related to the Beta Service. Any production candidate or non-production version of the Services will be considered a Beta Service.

User grants to Fleet a limited license to use, reproduce, distribute, and display any data provided to Fleet by User and/or any user of a Beta Service solely for facilitating the purposes of this Agreement (such data collectively, "Beta Data") (i) as required to provide the Beta Service; and (ii) in de-identified form, to tune, enhance and improve the Service and other Fleet products and services. User represents and warrants that it has all necessary rights to grant Fleet the rights set forth in this Section, and that it will comply with all applicable laws, regulations, and other obligations regarding the collection, use and disclosure of Beta Data. Fleet may use de-identified or aggregated Beta Data collected through a Beta Service for any purpose, including, without limitation, to enhance and improve the Services.

9. API Terms

9.1 No Abuse or Overuse of the API

Abuse or excessively frequent requests to Fleet via the API may result in the temporary or permanent suspension of your account access to the API. Fleet, at our discretion, will determine abuse or overuse of the API. We will make a reasonable attempt to notify you by email before the suspension.

You cannot share API tokens to exceed Fleet's rate limitations.

All use of the Fleet API is subject to these Terms of Service and the Fleet Privacy Statement.

Fleet may offer subscription-based access to our API for Users who need access or high-throughput that would result in the resale of the Fleet Service.

10. Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

  • the use, disclosure, or display of your Content;
  • your use or inability to use the Service;
  • any modification, price change, suspension or discontinuance of the Service;
  • the Service generally or the software or systems that make the Service available;
  • unauthorized access to or alterations of your transmissions or data;
  • statements or conduct of any third party on the Service;
  • any other user interactions that you input or receive through your use of the Service; or
  • any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

11. Confidentiality

11.1 User shall keep confidential any confidential information to which it is given access, and shall cooperate with Fleet's efforts to maintain the confidentiality thereof. User shall not publish to third parties or distribute information or documentation that Fleet provides for purposes of operating and maintaining its systems, including material contained in estimates, invoices, work orders, or other such materials.

11.2. During the term of this Agreement, you grant Fleet a non-exclusive, royalty-free, fully-paid up license to use and reproduce your trademarks, tradenames and logos in Fleet's marketing materials and website(s) and to indicate that you are a Fleet customer. Fleet will abide by any written trademark usage guidelines provided by you. All goodwill arising out of the use of your trademarks, tradenames and logos shall inure to your benefit. To decline Fleet this license you need to email [email protected] stating that you do not wish to be used as a reference.

11.3 Fleet shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (excluding your data and data derived therefrom), and Fleet will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Fleet offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.

12. Security

12.1 You understand that the operation of the Services, including User Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Fleet's third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. Fleet will have no liability to you for any unauthorized access or use of any of User Content that is attributable, in whole or in part, to an insecurity in your website or project, or any corruption, deletion, destruction or loss of any User Content.

13. Indemnification

If you have a dispute with one or more Users, you agree to release Fleet from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Fleet (i) promptly gives you written notice of the claim, demand, suit or proceeding; (ii) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Fleet of all liability); and (iii) provides to you all reasonable assistance, at your expense.

14. Feedback

You may provide us either directly at [email protected] or tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

15. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

16. Termination and Access

16.1 Fleet reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law, or if you misuse system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Any such termination may result in the forfeiture and destruction of information associated with your Account. Fleet may provide prior notice of the intent to terminate Services to you if such notice will not, in Fleet's discretion, run counter to the intents and purposes of these Terms of Service. Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to Fleet before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as Fleet's costs for collection (including attorneys' fees) of any such charges or other liabilities. Upon termination, any and all rights granted to User by this Agreement will immediately be terminated, and User shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

17. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

18. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Contact Us

Please send your feedback, comments, requests for technical support:

By email: [email protected]