Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Fleet Operator", "User", "you") and Vividweb Technologies Private Limited ("FleetSense", "we", "us", "our"), governing your access to and use of:

• The FleetSense website (the "Website")
• The FleetSense fleet management platform and admin dashboard (the "Platform")
• The FleetSense Driver App (Android)
• WhatsApp-based alert and notification services
• APIs and integrations provided by FleetSense
• Any related documentation, support, or communications

By registering an account, clicking "I Agree", booking a demo, starting a free trial, or otherwise using our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

If you do not agree to these Terms, do not use the Services.

You may use the Services only if:

• You are at least 18 years of age.
• You are legally capable of entering into a binding contract under the Indian Contract Act, 1872.
• You are a business entity (proprietorship, partnership, LLP, or company) or an authorised representative of one, engaged in commercial vehicle fleet operations in India.
• Your use of the Services is not prohibited under applicable Indian law.

We reserve the right to refuse access to anyone at our discretion.

3.1 Account Creation

To use the Platform, you must register an account by providing accurate, complete, and current information including your business name, registered contact details, and vehicle information. You agree to update this information promptly if it changes.

3.2 Account Credentials

You are responsible for maintaining the confidentiality of your account credentials. You must not share your login details with unauthorised individuals. You are liable for all activity that occurs under your account.

3.3 Notification of Breach

If you suspect any unauthorised access to your account or breach of security, you must notify us immediately at info@vividwebtechnologies.com.

3.4 One Account per Fleet Operator

Each fleet operator organisation may maintain one primary account. Sub-user access within an organisation is managed through our multi-user role system available on the Growth and Professional plans.

4.1 Core Platform Features

FleetSense provides a SaaS fleet intelligence platform that includes (subject to your subscription plan):

• Real-time GPS vehicle tracking updated every 30 seconds
• AIS-140 compliance management with automatic dual-stream to VAHAN/NIC government servers
• Fuel monitoring, theft detection, and savings reporting
• Driver behaviour scoring and leaderboards
• Geofencing with WhatsApp alerts
• Route replay (up to 90 days of trip history)
• OBD fault code monitoring and maintenance scheduling
• Daily WhatsApp fleet summaries
• Driver App (Android, Hindi-first, with offline mode)
• Compliance PDF report generation

4.2 Hardware Compatibility

FleetSense is a software platform. We do not manufacture or supply GPS hardware. The Platform is compatible with any AIS-140 certified GPS device. You are responsible for procuring, installing, and maintaining compliant hardware.

4.3 WhatsApp Alerts

Alert delivery via WhatsApp is provided through the WhatsApp Business API operated by Meta Platforms, Inc. FleetSense is not responsible for delays, failures, or non-delivery of WhatsApp messages caused by Meta's infrastructure, network issues, or the recipient's device settings.

4.4 AIS-140 Compliance Stream

FleetSense automatically transmits GPS data packets to the VAHAN/NIC government server as required under AIS-140 regulations. While we make commercially reasonable efforts to maintain this stream, we do not guarantee uninterrupted transmission to government servers, which are operated and maintained by the Government of India. You remain ultimately responsible for your vehicles' regulatory compliance.

4.5 Free Trial

We offer a 14-day free trial with full platform access. No credit card is required to start a trial. At the end of the trial period, your account will be downgraded to a limited view unless you subscribe to a paid plan. Trial data is retained for 30 days after trial expiry.

5.1 Plans

We will provide at least 30 days' notice of changes to plan features or pricing.

5.2 Billing

• Subscriptions are billed monthly in advance.
• Billing is based on the number of active vehicles registered to your account at the start of each billing cycle.
• Payments are processed in Indian Rupees (INR) through our payment gateway partner.
• GST and any other applicable taxes will be added to your invoice at the prevailing rate. Our GSTIN is 09AAHCV8108N1ZO.

5.3 Payment Failure

If a payment fails, we will notify you and attempt to retry the charge. If payment is not received within 7 days of the due date, we reserve the right to suspend your account. Data is retained for 30 days after suspension to allow for reactivation.

5.4 Refunds

Subscription fees are non-refundable except:

• Where required by applicable law.
• Where we have failed to deliver the subscribed Services due to a platform failure on our part, at our sole discretion.

We do not offer pro-rated refunds for partial months or for vehicles removed mid-cycle.

5.5 Cancellation

You may cancel your subscription at any time from the account settings or by contacting support. Cancellation takes effect at the end of the current billing cycle. No further charges will be made after the cancellation date.

5.6 Enterprise Pricing

Custom pricing for fleets of 500+ vehicles is available. Contact us at info@vividwebtechnologies.com.

6.1 Lawful Use

You agree to use the Services only for lawful purposes and in accordance with these Terms, applicable Indian law, and all applicable regulations including MoRTH and AIS-140 requirements.

6.2 Driver Obligations

You are solely responsible for:

• Informing your drivers that their location, behaviour, and trip data is being monitored through the FleetSense platform, prior to deployment.
• Obtaining any consent, authorisation, or notice required under applicable employment law, the DPDP Act 2023, and any other relevant law.
• Ensuring drivers use the Driver App lawfully and in accordance with road safety regulations.
• Ensuring drivers do not interact with the Driver App while the vehicle is in motion in a manner that creates a safety hazard.

FleetSense provides a standard Driver Notice Template upon request to assist you in fulfilling these obligations.

6.3 Hardware and Installation

You are responsible for ensuring that all GPS devices installed in your vehicles are AIS-140 certified, properly installed by a qualified technician, powered on, and connected to a data network.

6.4 Account Accuracy

You agree to keep your vehicle registration numbers, driver assignments, and contact information accurate and up to date within the platform.

6.5 Prohibited Conduct

You must not:

• Use the Services to track any vehicle or individual without lawful authority or proper disclosure.
• Attempt to reverse-engineer, decompile, or extract the source code of any part of the platform.
• Use automated scraping, bots, or scripts to access or extract data from the platform.
• Resell, sublicense, or white-label the Services without our prior written consent.
• Use the Services to transmit malware, viruses, or any harmful code.
• Misrepresent your identity or your fleet's details to obtain access to services you are not entitled to.
• Use the Services in any way that could damage, disable, overburden, or impair our infrastructure.
• Circumvent any security measures or access controls on the platform.

7.1 Driver Use

The FleetSense Driver App is intended for use by employed, licensed commercial vehicle drivers. You are responsible for ensuring that only authorised drivers are enrolled on your account.

7.2 SOS / Panic Button

The Driver App includes a one-tap SOS emergency button that sends a GPS-tagged alert to the designated emergency contact and the fleet manager. This feature is provided as a safety aid only. FleetSense is not an emergency response service and does not contact emergency services (police, ambulance, etc.) on behalf of the driver. You are responsible for ensuring that the designated emergency contact is a real, reachable person and for establishing your own emergency response procedures.

7.3 Offline Mode

Trip data recorded in offline mode is stored locally on the driver's device and synced when connectivity is restored. FleetSense is not liable for data loss arising from device failure, storage limitations, or uninstallation of the app while in offline mode.

8.1 Your Data

You retain ownership of all fleet data, vehicle data, and driver data that you input into, or that is generated through your use of, the Services ("Your Data"). FleetSense does not claim ownership of Your Data.

8.2 Licence to FleetSense

By using the Services, you grant FleetSense a limited, non-exclusive, worldwide licence to process, store, and use Your Data solely to the extent necessary to:

• Provide and operate the Services for you.
• Comply with legal obligations (including AIS-140 government data streams).
• Improve platform performance using anonymised and aggregated data only.

We will not use Your Data for any other purpose without your consent.

8.3 Aggregated and Anonymised Data

We may use de-identified, aggregated data derived from all users' usage patterns for product improvement, benchmarking, and marketing purposes. Such aggregated data will never identify you or your fleet individually.

8.4 Data Export

You may export your data at any time through the platform's export tools. Upon account termination or cancellation, you may request a full data export within 30 days of account closure, after which data will be deleted in accordance with our Privacy Policy.

9.1 Platform Ownership

The FleetSense platform, website, software, algorithms, branding, user interface, documentation, and all related intellectual property are owned by Vividweb Technologies Private Limited and are protected under applicable Indian intellectual property laws.

9.2 Licence to You

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services during your subscription period, solely for your internal fleet management purposes and in accordance with these Terms.

9.3 Restrictions

You may not copy, modify, distribute, sell, sublicense, or create derivative works from any part of the FleetSense platform or its content without our prior written consent.

9.4 Feedback

If you provide us with feedback, suggestions, or ideas about the Services, you grant us the right to use such feedback without restriction or compensation to you.

Each party agrees to keep the other's confidential information (including pricing, technical specifications, business information, and data) confidential and not to disclose it to any third party without prior written consent, except as required by law or as necessary to perform obligations under these Terms.

11.1 "As Is" Basis

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, FleetSense disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 No Guarantee of Compliance

While FleetSense is designed to assist with AIS-140 regulatory compliance, we do not guarantee that use of the Services will ensure your vehicles' legal compliance at all times. Compliance depends on factors outside our control, including hardware performance, network availability, and government server uptime.

11.3 No Guarantee of Fuel Savings

Statistics on potential fuel savings presented on our website are indicative averages based on aggregate user data and are not guarantees of results. Actual savings will vary based on your fleet type, routes, driver behaviour, and operating conditions.

11.4 Limitation of Liability

To the maximum extent permitted by applicable law: FleetSense's total cumulative liability to you for any claims arising under or in connection with these Terms or the Services shall not exceed the total fees paid by you to FleetSense in the three (3) months immediately preceding the event giving rise to the claim. FleetSense shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, business interruption, or loss of goodwill.

11.5 Exceptions

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable Indian law.

You agree to indemnify, defend, and hold harmless FleetSense, Vividweb Technologies Private Limited, and their respective directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Services in violation of these Terms.
• Your failure to obtain lawful authorisation before monitoring drivers.
• Any claim by a driver or third party arising from your use of driver data collected through the platform.
• Your violation of any applicable law or regulation.
• Any content or data you submit to the platform that infringes third-party rights.

13.1 Termination by You

You may terminate your account at any time by cancelling your subscription through the account settings or by contacting support. Termination takes effect at the end of the current billing cycle.

13.2 Suspension or Termination by FleetSense

We may suspend or terminate your access to the Services, with or without notice, if:

• You breach any material provision of these Terms.
• You fail to pay fees when due after a 7-day grace period.
• We are required to do so by applicable law or a lawful government order.
• We reasonably believe your use poses a security risk to the platform or other users.
• You use the Services to track individuals without lawful authority.

13.3 Effect of Termination

On termination: (a) your licence to use the Services ends immediately; (b) your data will be retained for 30 days to allow export, then permanently deleted; (c) any outstanding fees become immediately due and payable.

Provisions of these Terms that by their nature should survive termination (including Sections 8, 9, 11, 12, 14, and 15) will survive.

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of India, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and the Indian Contract Act, 1872.

14.2 Dispute Resolution

In the event of any dispute, the parties will first attempt to resolve it through good-faith negotiations. If unresolved within 30 days, either party may initiate formal proceedings.

14.3 Jurisdiction

All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Gautam Budh Nagar, Uttar Pradesh, India.

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any Order Form or subscription agreement, constitute the entire agreement between you and FleetSense with respect to the Services and supersede all prior negotiations, representations, or agreements.

15.2 Amendments

We may update these Terms from time to time. We will notify registered users via email or in-platform notification at least 15 days before material changes take effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.4 Waiver

Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that party's right to enforce it in the future.

15.5 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any affiliate or successor entity without your consent.

15.6 Force Majeure

Neither party shall be liable for delays or failure in performance resulting from causes beyond their reasonable control, including natural disasters, government actions, internet outages, or actions of Meta (WhatsApp), AWS, or other third-party service providers.

15.7 Language

These Terms are written in English. In the event of any conflict between an English version and any translated version, the English version shall prevail.