Terms & Conditions
TERMS AND CONDITIONS
Drive ELD LLC and its affiliates (herein collectively referred to as “DriveELD,” “we,” “us,” or “our,” except where noted), operates and owns this website as well as other products and services (herein referred to as “Services”). Services are provided to you subject to the following Terms of Service (“Terms”), which may be updated from time to time without notice to you.
THIS IS A LEGAL AGREEMENT BETWEEN DRIVEELD AND YOU THAT STATES THE TERMS BY WHICH DRIVEELD GRANTS TO YOU A LICENSE TO USE THE SERVICES AND ANY RELATED MATERIALS, DOCUMENTATION, OR CONTENT. BY ACCESSING, PURCHASHING, LEASING, RENTING, LICENSING OR USING ANY OF DRIVEELD’S SERVICES INCLUDING, BUT NOT LIMITED TO, THE WEBSITE, MOBILE APPLICATION, HARDWARE, OR ANY OTHER SERVICES YOU AGREE TO THE TERMS FOUND HEREIN. IF YOU DO NOT AGREE TO THESE TERMS DO NOT INSTALL OR USE THE WEBSITE, SOFTWARE, OR HARDWARE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU. CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND DRIVEELD MAY REFUSE ACCESS TO ANY SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS.
1.0. Description of Services
The Services include, but are not limited to, DriveELD’s software (including the mobile device software (“App”), website, and any software on the electronic logging device), the hardware, data, and any materials found on the website. Services do not include any services in the mobile application provided by you or a third party, which you use in connection with the Services. Any modifications or additions to the Services are also subject to these terms. All rights, title, and interest in and to any of the Services will remain the sole and exclusive property of DriveELD.
2.1. Scope of License. These Terms grant to you a limited, non-transferable, and non-exclusive right and license to access and use the Services during the Term on equipment, motor vehicles, computers, or mobile devices that you own or control. This license does not allow you to use the Services on equipment, motor vehicles, computers, or mobile devices that you do not own or control. Further, you may not rent, lease, lend, sell, redistribute, or sublicense the Services. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part of the services included herein (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components). Any attempt to do so is a violation of the rights of DriveELD. If you breach this restriction, you may be subject to prosecution and damages.
The terms of the license will govern any upgrades provided by DriveELD to the Services, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2.2. Use of Services: THE USE OF THE SERVICES ON A MOBILE DEVICE WHILE OPERATING A MOTOR VEHICLE IS PROHIBITED and may be subject to generally applicable laws in various locations where you are operating and those laws may result in charges, citations, fines, or other legal proceedings. Further, the use of the services while operating a motor vehicle may increase the risk of accidents, injury, or death. DriveELD does not assume any liability, responsibility, or otherwise for any damages, losses, or claims resulting from the use of the product while operating a motor vehicle.
2.3. Consent to Use of Data. You agree that DriveELD may collect and use technical data and related information-including but not limited to technical information about your mobile device, truck, fleet management system, and peripherals that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services. You acknowledge and agree that the Services are designed to record certain vehicle and duty status information over time. In order to do so, the Services uploads to a database maintained by or for DriveELD certain data, including but not limited to, you motor vehicle data, location data, duty status data, inspection data, personal and account information, truck information, fleet information, shipping information, and hours of service information. You authorize DriveELD to collect this information and use it to provide the Services to you and other individuals linked to your account. You further authorize DriveELD to use aggregated data for research and commercial purposes in a manner that does not reveal any personal information about you. You represent and warrant that you have the right to transmit the information and to grant this authorization. You agree that this authorization to DriveELD is worldwide, irrevocable, perpetual, transferable, and fully paid-up.
2.4. Data Collection, Privacy, Transmission and Usage. You understand the Services will collect any information you enter into the website, mobile application, or any other part of the Services, as well as data from you motor vehicle. By using the Services, you acknowledge and agree that you will be responsible for protecting the privacy and security of the information you enter into the software and for deciding with whom you will transmit, share, link, or give access to the information. You acknowledge and agree that DriveELD also assumes no responsibility, and shall have no liability, for protecting the privacy or security of any information you decide to transmit, share, link, or give access to others, either intentionally or unintentionally. You are responsible for taking precautions to safeguard your data from access by third parties including, but not limited to, the use of a passcode or lock on your mobile devices and no sharing of accounts or account passwords. You understand that DriveELD maybe be unable to assist you with a lost passcode or account.
2.5. Third-Party Materials. DriveELD’s Services may enable access to third-party services and websites, including advertising and sponsorship. Use of the third party services may require Internet access and your acceptance of additional terms of service. You acknowledge and agree that DriveELD has no responsibility for the availability or content of these third party services and will not be liable or responsible in any way for any information, declaration, representation, error, or other action and omission involving the third party services. Your rights with those third parties will solely depend upon the terms and conditions made available by those third parties.
2.6. Linking your data to other users: The services may allow you to link your account information and data to other users, organizations, corporations, fleets, or other entities using the Services. You acknowledge and agree that by linking your account with these other users of the Services you are granting them permission to access data you provide to DriveELD.
2.7. Limitations on Use. You are not, and will not permit others, to use the Services to
(a) copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services
(b) disrupt or interfere with the use or enjoyment of others accessing or using the services,
(c) harass, violate the privacy of, or otherwise abuse other parties or entities using the Services
(d) rent, lease, lend, sell, redistribute, or sublicense the Services,
(e) use the services to collect data via any software, product, or Service provided herein other than in a manner contemplated by this agreement,
(f) transmit any malicious code, virus, or other harmful, disruptive, or destructive files
2.8. All rights not expressly granted to you herein are reserved to DriveELD. No implied rights are granted herein.
3.0. Support and Maintenance
DriveELD throughout the Term, makes no guarantee regarding person-to-person support or maintenance. There are certain times during which the system may be unavailable while DriveELD performs maintenance and other repairs on the Services. DriveELD is not liable for any inconvenience, costs, claims, damages, or causes of action caused by the Services being down for maintenance or repair. If an extended support package or other added service is sold to you, the terms of that support package will govern support and maintenance.
4.0. Intellectual Property
4.1. Ownership. All Services described in these Terms, including but not limited to all software, hardware, embedded software, and web services remain in the ownership of DriveELD or the third parties DriveELD is licensing from.
4.2. Intellectual Property. DriveELD’s Services may contain inventions, copyrights, and trademarks belonging to DriveELD. DriveELD asks that you respect its intellectual property rights. Nothing in these Terms should be construed as a transfer, assignment, sale, license, or otherwise of any of DriveELD’s rights and ownership in intellectual property.
5.0. Hardware Provisions
5.1. Delivery. DriveELD is not liable for any costs, damages, claims, or causes of action arising from any late or delayed delivery of the hardware.
5.2. Installation. You are solely responsible for the installation of the hardware and the pairing of the hardware to any DriveELD software. DriveELD is not liable for any costs, damages, claims, or causes of action associated with the installation of hardware in your motor vehicle.
5.3. Ownership. Unless you sign an agreement explicitly purchasing the hardware in full, we retain all rights to and ownership in the hardware and any software contained therein.
5.4. Hardware. You are responsible for any loss or damage to the hardware caused by your gross negligence or willful misconduct.
5.5. Repair and Replacement. DriveELD will repair or replace your lost or damaged hardware for the cost of the repair or replacement as long as your Term has not ended.
5.6. Material Defects. In the event that you detect a material defect with any hardware you purchase, please contact DriveELD and DriveELD will work with you to replace or repair the hardware at no cost to you. This provision is void should there be any alterations, modifications, or special configurations to the hardware or there be any evidence of tampering or abuse of the hardware.
5.7. Prohibition. You acknowledge, understand, and agree that section 2.7 applies with equal force to any hardware you license or purchase under these Terms. In addition, you acknowledge, understand, and agree that you are not, and will not permit others, to disassemble or tamper with any hardware you license or purchase under these Terms.
6.0. Additional Terms for iOS
6.1. Sections 6.1 through 6.7 apply only to Services provided to you through a DriveELD authored mobile application downloaded on the iTunes App Store.
6.2. This agreement is made by and between you and DriveELD, and not with Apple. DriveELD is solely responsible for the Services DriveELD offers.
6.3. You acknowledge and agree that Apple has no obliation whatsoever to furnish any maintenance or support services with respect to DriveELD’s services.
6.4. In the event, the Services fail to conform to any applicable warranty, you may notify Apple, and Apple may refund a purchase price you paid through Apple for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to any Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility.
6.5. You acknowledge and agree that DriveELD, not Apple, is responsible for addressing any claims relating to the Services or your possession or use of the Services, including, but not limited to: (i) product liability claims, (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Nothing in this clause limits your liability beyond what is permitted by applicable law, so this provision may not apply to you. Nothing in this clause modifies any other provision in this agreement, including, but not limited, to any limitation on liability or no warranty clause.
6.6 In the event the Services violate the intellectual property rights of a third party, DriveELD and you acknowledge and agree that DriveELD, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. Nothing in this clause modifies any other provision in this agreement, including, but not limited, to any limitation on liability or no warranty clause.
6.7. Apple, and Apple’s subsidiaries, are third party beneficiaries to these Terms and through your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary.
7.1. You acknowledge, understand, and agree that a subscription made with DriveELD authorized DriveELD to bill your payment method on a periodic basis. The recurring payments may or may not be the same as the initial payment amount. The pricing and period for such payments will be defined by the product you purchase.
7.3. Pre-orders. DriveELD may from time-to-time offer pre-orders on upcoming or planned Services including, but not limited to, software and hardware. DriveELD may, for any reason, cancel pre-orders and refund any payment amount you made for the pre-order. DriveELD is under no obligation to deliver, fulfill, or otherwise provide for those pre-orders and is not liable for any costs, damages, claims, or causes of action caused by the cancellation of your pre-order. In no event will DriveELD be liable for any more than the full refund on any cancelled pre-order. You may request a refund on a pre-order at any time prior to delivery and up to thirty (30) days after delivery. You must return any Services in your possession including, but not limited to, software and hardware to DriveELD at your own expense.
8.0. Term & Termination
8.1. All rights and provisiosn in these Terms remain in full force and effect until your use of the Services is terminated (“Term”). DriveELD may automatically terminate your use of the services from time to time if you do not renew your license and rights contained in these Terms.
8.2. You may cancel or terminate your account with DriveELD at anytime by emailing DriveELD from your account’s email address. DriveELD may terminate your access to and use of the Services for any reason at anytime, without notice.
8.3. You understand and acknowledge that the rights and provisions in these Terms will survive the termination of this agreement, including all accrued rights to payment and DriveELD’s right to store, use, and transfer your data as allowed in these Terms. Irrespective of the provisions contained herein, DriveELD will be under no obligation to maintain or preserve any information, data, or account details associated with your terminated account.
8.4. In the event that DriveELD terminates your account, without cause, DriveELD will refund a pro rated amount of price you paid for the Services.
9.0. No Warranties
9.1. YOUR USE OF DRIVEELD’S SERVICES, SOFTWARE, AND HARDWARE ARE USED AT YOUR SOLE RISK AND OUR SERVICES, SOFTWARE, AND HARDWARE ARE PROVIDED “AS IS” AND AS AVAILBLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DRIVEELD DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, SOFTWARE, AND HARDWARE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY< OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DRIVEELD OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES, SOFTWARE, OR HARDWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9.2. SOME DRIVEELD HARDWARE CONNECTS TO THE VEHICLE AND USES POWER FROM THE VEHICLE TO OPERATE, EVEN WHEN THE VEHICLE IS POWERED OFF. DRIVEELD IS NOT LIABLE FOR ANY COST, DAMAGE, CLAIM, OR ANY OTHER CONSEQUENCE RESULTING FROM THE POWER DRAIN ASSOCIATED WITH THE HARDWARE.
9.3. CERTAIN SERVICES REQUIRE ANT INTERNET CONNECTION TO OPERATE AND ACCESS TO THE INTERNET IS NOT UNIFORM THROUGHOUT THE COUNTRY. DRIVEELD IS NOT LIABLE FOR ANY COST, DAMAGE, CLAIM, OR ANY OTHER CONSEQUENCE RESULTING FROM A LOSS OF OR LACK OF CONNECTIVITY TO THE INTERNET.
9.4. CERTAIN FEATURES OF THE SERVICES EXIST TO ASSIST YOU WITH CERTAIN RECORDKEEPING AND REPORTING REQUIREMENTS. THESE FEATURES, SUCH AS JURISDICTION MILEAGE TRACKING FOR IFTA, ARE FOR YOUR ASSISTANCE AND DRIVEELD MAKES NO GUARANTEES, OFFERS NO WARRANTIES, AND ASSUMES NO LIABILITY FOR YOUR USE OF THOSE FEATURES. THOSE RECORDKEEPING AND REPORTING REQUIREMENTS ARE YOUR FULL RESPONSIBILITY.
10.0. Limitation on Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DRIVEELD BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF DRIVEELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall DriveELD’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of you have paid in subscription fees. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
11.0. General Terms & Conditions
11.1. Section Headings. Section headings included in these Terms are merely for convenience of reference and shall not be considered a part of or be used in interpreting this agreement.
11.2. You acknowledge and agree to comply with all applicable terms of third party terms of service when using DriveELD’ Services.
11.3. Assignment. Your obligations under these Terms may not be transferred, assigned, or delegated to any other party or person without the prior written consent of the other party. Any transfer, assignment, or delegation in violation of this subsection shall be void ab initio.
11.4. Choice of Law. These Terms shall be interpreted, construed, and enforced in all respects in accordance with the laws of the State of New York, without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any action arising out of or in connection with these Terms shall be heard in the federal, state, or local courts in New York County, New York, and each party hereby irrevocably consents to the exclusive jurisdiction and venue of these courts.
11.5. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11.6. Waiver. DriveELD’s failure to enforce any right or provision of this agreement, does not waive DriveELD’s right to enforce those rights or provisions.
11.7. Severability. If any portion of these Terms is held invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this agreement, and the court shall substitute (or if it fails to do so the parties shall substitute) for the invalid provision a valid provision that most closely approximates the effect and intent of the invalid provision.
11.8. Entire Agreement. These Terms set forth the entire agreement and understanding of the parties and supersedes any prior or contemporaneous agreements or understandings between the parties with respect to the subject matter hereof. No modification or amendment of these Terms shall be effective unless set forth in a written agreement signed by both parties.
11.9. Statute of Limitations. You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of your use of the Services must be filed in a court of competent jurisdiction within 1 year after the claim or cause of action arose or shall be forever barred. Some jurisdictions do not allow for the modification of the statute of limitations, so this statute of limitations may not apply to you.
12.0. Contact Information
Address: 201 E Washington St.
Iowa City, IA 52240