Terms and Conditions

Terms of Use (Web Application)

GPS Floto

Please read these terms and conditions of use ("Terms of Use") carefully before you launch the GPS Floto application on your wireless device. Your use of the GPS Floto service indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the GPS Floto application and its service.

INTRODUCTION

These Terms of Use represent the agreement ("Agreement") between you and GPS Floto s.r.o., ("GPS Floto") with respect to the GPS Floto Software and GPS Floto Service. All references herein to "you" and "your" means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement. Prior to using the GPS Floto Service, you shall notify such personnel in writing that the GPS Floto Service requires GPS Floto to access their GPS hardware and otherwise obtain location and route information, and to record, compile and display such information internally, which information shall be used by you for your own purposes and which use is outside the control of GPS Floto. You shall also advise such personnel that all such information and data within the control of GPS Floto shall remain subject to GPS Floto's privacy policy located at https://www.gpsfloto.com/privacy-protection

GPS Floto may revise these terms and conditions at any time, with or without notice to you. You should visit https://www.gpsfloto.com/terms-and-conditionss from time to time to review the current terms and conditions of use for the GPS Floto Service.

GPS Floto SERVICE

The GPS Floto Service combines GPS, wireless and web technologies to enable fleet dispatching, workforce management and activity reporting. For GPS Floto to provide these services, GPS Floto has to periodically receive the GPS location of your wireless devices.

The “wireless device” or “GPS hardware” means any device able to provide positioning information where GPS Floto Software is installed (typically smart phone, mobile phone / cell phone, tablet, PND, PDA, or InDash navigation.

In using the GPS Floto Service, you allow your and / or your employees GPS hardware to be located; and these locations to be recorded, compiled, stored and displayed. You may also transmit data to and from your fleet and dispatch locations. The usage of GPS Floto is free of charge under defined conditions. When exceeding defined limits, or requiring higher level of services, additional paid service is required. Use of the GPS Floto Service includes download of the GPS Floto Software to your wireless device (if applicable) and any upgrades, modifications, or additions thereto (collectively, "GPS Floto Software"), but does not include any hardware device neither hardware that may be required for certain wireless devices (such as a standalone GPS receiver). A complete description of the GPS Floto Service is available on the GPS Floto website, located at https://www.gpsfloto.com.

The GPS Floto Service is for your internal business and personal use and is not for resale or other transfer or disposition to any other person or entity.

The GPS Floto Service utilizes map and other data licensed to GPS Floto by third parties for the benefit of you and other end users. This Agreement includes links to end-user terms required by these companies (set forth at the end of this Agreement), and thus your use of the GPS Floto Service is limited by and subject to such terms.

The server part of GPS Floto solution runs on public cloud. These Terms of use have been written in regards to actual agreement with the Cloud provider and his Terms of Use (link set forth at the end of this Agreement). You have been informed and you do agree that the Cloud provider can change its Terms of Use any time even without written prior notice to you. This cannot be influenced by GPS Floto and thus should be considered and threated as Vis Major. GPS Floto will exercise reasonable efforts to prevent such occurrences, but in no event will GPS Floto be liable for any financial or other damages due to such change.The Cloud Provider can apply its own rules for data handling, securing and providing, based on its company’s headquarter, branch, or datacenter location; or the legal system the Cloud provider falls within.

YOUR LOCATION AND ROUTE INFORMATION

For GPS Floto to provide the GPS Floto Service, GPS Floto must record your route information, including your point of origin, the address of your destination, the starting and ending time of your trip, and the route you are instructed to follow, and must periodically receive your GPS location from the GPS hardware associated with your wireless device, as well as continuously record and compile data regarding the location of your GPS and wireless devices.

In using the GPS Floto Service, you allow GPS Floto to access your GPS hardware and otherwise obtain this location and route information, and to record, compile and display such information internally. Such information is subject to GPS Floto's Privacy Policy located at https://www.gpsfloto.com/privacy-protection. Your use of the GPS Floto Service indicates that you accept the terms of GPS Floto's privacy policy.

SAFE AND LAWFUL USE OF THE GPS Floto SERVICE

You are responsible for ensuring that your drivers drive safely, observe all traffic rules and use their own personal judgment while driving. You agree to comply with the following when using the GPS Floto Service:

Observe all traffic laws and otherwise drive safely.
Use your own personal judgment while driving. If you feel that a route suggested by the GPS Floto Service instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, do not follow such instructions.
Do not input destinations, or otherwise interact with the GPS Floto Service, unless your vehicle is stationary and parked in a safe place. Safe place means there is no possibility to be endangered by other vehicles on highways, roads or in lanes.
Do not use the GPS Floto Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
Arrange all GPS and wireless devices and cables necessary for use of the GPS Floto Service in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).

PAYMENT

Before your GPS Floto paid service will be activated, you must:

(i) provide GPS Floto with your payment Gateway account details (such as PayPal) or a valid major credit card (American Express, VISA, Visa Electron, MasterCard, Maestro, or Direct Debit); (ii) enter into a direct billing or prepaid agreement with GPS Floto; or

(iii) subscribe to the GPS Floto Service through your wireless telephone carrier and agree to pay the relevant charges to such carrier.

You agree to pay all fees charged to your account for the GPS Floto Service (including applicable state and local taxes), in accordance with GPS Floto's billing terms in effect at the time the charge becomes payable. If you choose time unlimited subscription, you will be charged such fees each month, even if you do not use the GPS Floto Service. This subscription can be any time cancelled from your side. GPS Floto reserves the right to change the fees for the GPS Floto Service at any time, upon prior notice to you.

If payment cannot be charged to your credit card or your credit card charge is returned to GPS Floto for any reason, or you otherwise fail to pay the charges for the GPS Floto Service when due, GPS Floto reserves the right to pursue any and all legal remedies to collect the amounts owed by you, and to suspend or terminate your access to the GPS Floto Service.

You agree that GPS Floto will invoice for its services in electronic form, sending an electronic document to your email address (specified in billing details you have provided) and publishing and making it accessible from your web account. The electronic document will be created in widely accepted format (such as .pdf or.doc) and can be created without proven electronic signature.

TELEPHONE CHARGES

You are responsible for any fees assessed by your wireless telephone carrier to access the GPS Floto Service, including any data plan charges, toll, out-of-area, roaming, or other telephone connection charges. Standard messaging rates and other charges may apply when using certain features in the GPS Floto Service.

CHANGING ASSIGNED VEHICLES

When you replace registered vehicle covered by prepaid service by a new one, you may change vehicles assigned to your https://www.gpsfloto.com/pricing plan. However certain administration fee will apply for the request processing. For details please check actual TLV pricelist at https://www.gpsfloto.com/pricing.

TERMINATION

GPS Floto reserves the right to terminate your access to the GPS Floto Service at any time for any or no reason and without notice to you.

You may terminate the GPS Floto Service at any time by notifying GPS Floto via: (i) an email addressed to info@gpsfloto.com ; (ii) a letter addressed to GPS Floto s.r.o., Pitterova 7, Praha 3 130 00, Czech Republic, Europe (iii) termination performed while logged to your account on web site: www.gpsfloto.com . Any such cancellation by you shall become effective upon GPS Floto's receipt of your notice.

GPS Floto integrates software and services from various third party vendors in its solution. You agree to accept all Terms of Use defined by those third parties and related to End Users listed at the end of the document.

You are also informed and agree that if a third party will stop, temporary not provide or otherwise limit its services, GPS Floto can stop or limit its services accordingly. GPS Floto will provide maximum effort to remove the obstacle in soonest possible term or to replace missing third party service by relevant service from same or other third party vendor.

Upon any termination of your GPS Floto Service, GPS Floto shall have no liability to you or any further obligations under this Agreement, other than to provide you with a refund in accordance with GPS Floto's then current refund policy, unless such termination is for cause. For a copy of GPS Floto's refund policy, visit https://www.gpsfloto.com.

ACCOUNT INFORMATION

You agree: (a) when signing up for the GPS Floto Service, to provide GPS Floto with true, accurate, current, and complete information about yourself, and (b) to inform GPS Floto promptly of any changes to such information to keep it true, accurate, current and complete.

If you provide GPS Floto with any information that is untrue, inaccurate, not current or incomplete, or GPS Floto has reasonable grounds to suspect so, GPS Floto has the right to suspend or terminate your access to the GPS Floto Service.

All of your account information, as well as other payment and personal information provided by you to GPS Floto, are subject to GPS Floto's Privacy Policy located at https://www.gpsfloto.com/privacy-protection. Your use of the GPS Floto Service indicates that you accept the terms of GPS Floto's privacy policy.

SOFTWARE LICENSE

Subject to your compliance with the terms of this Agreement, GPS Floto hereby grants to you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy the GPS Floto Software onto your wireless device; (ii) use the GPS Floto Software (in object code form only) on such wireless device in order to access and use the GPS Floto Service; and/or (iii) access and use the GPS Floto Service.

This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the GPS Floto Service.

Except for the limited license expressly granted herein, GPS Floto shall own all right, title and interest in and to the GPS Floto Software, including without limitation all intellectual property rights therein.

You agree not to do any of the following:

Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the GPS Floto Software, or any part thereof.
Attempt to derive the source code, audio library or structure of the GPS Floto Software without the prior express written consent of GPS Floto.
Remove from the GPS Floto Software, or alter, any of GPS Floto's or its suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
Distribute, sublicense or otherwise transfer the GPS Floto Software to others, unless you have valid distribution contract signed between you and GPS Floto.

DISCLAIMERS

To the fullest extent permissible pursuant to applicable law, in no event will GPS Floto, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the GPS Floto Service or the GPS Floto Software. You are responsible for the entire risk arising out of your use of the GPS Floto Service and the GPS Floto Software.

The GPS Floto Service and the GPS Floto Software are provided "as is" and without warranties of any kind either express or implied. GPS Floto disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

OTHER QUALIFICATIONS

You understand and agree that the GPS Floto Software is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data, that results from the download of such software.

GPS Floto does not warrant that the GPS Floto Service or the GPS Floto Software will not infringe on third party intellectual property rights.

GPS Floto also does not warrant that your use of the GPS Floto Service will be uninterrupted or error-free. Rather, temporary interruptions of the GPS Floto Service may occur from time to time (such as when you drive into an area that has no cell phone coverage or when the GPS Floto Service, used cloud environment or your carrier's network is undergoing maintenance). GPS Floto will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will GPS Floto be liable for any financial or other damages due to such interruptions.

GPS Floto also does not warrant the accuracy of the map or other data used for the GPS Floto Service. Such data may not always reflect reality due to, among other things, road closures, construction, weather, new roads and other changing conditions.

GPS Floto has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but GPS Floto makes no representations or warranties regarding the security of the GPS Floto Service or the transmission of data or information to and from GPS Floto and your wireless device. GPS Floto will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.

LIMITATION OF LIABILITY

To the extent permitted under applicable law, under no circumstances shall GPS Floto, its suppliers, or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the GPS Floto Service or the GPS Floto Software, any defects in the GPS Floto Service or the GPS Floto Software, or any breach of this Agreement, even if GPS Floto, its suppliers, or its licensors have been advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold GPS Floto, its suppliers, and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with your use of the GPS Floto Service or the GPS Floto Software.

ARBITRATION AND GOVERNING LAW

You agree that any dispute, claim or controversy arising out of or relating to this Agreement, the GPS Floto Service, or the GPS Floto Software, shall be settled by independent arbitration involving a neutral arbitrator and administered by the Vienna International Arbitral Centre (VIAC). The arbitrator shall apply the Commercial Arbitration Rules of the Austrian Arbitration Association - ArbAut, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. The arbitration proceedings shall be conducted in English. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.

This Agreement and performance hereunder will be governed by and construed in accordance with the laws of The Czech Republic, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the County of Czech Republic, Europe.

VIS MAJOR

GPS Floto is not liable for failure to perform the GPS Floto Service if such failure is as a result of:

(i) Natural disasters, such as earthquakes, storms, hurricanes, floods, tornados and fires

(ii) Human events, such as wars, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, labor dispute, strike, riots invasion, act of foreign enemies, hostilities (regardless of whether war is declared), or other major upheavals

(iii) Performance failures outside the control of the GPS Floto, such as lockout or interruption or failure of electricity, disruptions in telephone service attributable to the telephone company, unavailability or failure of cloud environment, supplier problems (product unavailable) or any other missing or failed infrastructure crucial for GPS Floto Service running,

(iv) Restrictions related to the regions where GPS Floto’s HQ or local office is located, such as government restrictions (denial or cancellation of a necessary license), or government sanction, blockage, or embargo,

GPS Floto will exercise reasonable efforts to prevent such occurrences and minimize delay or damages caused to the solution environment, but in no event will GPS Floto be liable for any financial or other damages due to such change.

If the cause for VIS MAJOR status cannot be removed in long time bases and despite undertook efforts, GPS Floto can permanently terminate the service.

MISCELLANEOUS

This Agreement constitutes the entire agreement between GPS Floto and you with respect to the subject matter hereof.

GPS Floto's or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.

You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to GPS Floto. Notwithstanding the foregoing, GPS Floto may assign this Agreement to any affiliate at any time without notice.

You agree that in the event GPS Floto is required or requested by you and/or any legal authority to participate in any legal proceeding involving your use of the GPS Floto Service or Software (but GPS Floto itself is not a party to the proceeding), you shall be responsible for all legal fees and costs incurred by GPS Floto as a result of such required or requested participation.

By using the GPS Floto Service, you consent to receive from GPS Floto all communications, including notices, agreements, legally required disclosures or other information in connection with the GPS Floto Service (collectively, "Notices") electronically. GPS Floto may provide such Notices by posting them on GPS Floto's website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the GPS Floto Service.

If you have any questions regarding the terms of this Agreement, please contact GPS Floto by sending an email to info@gpsfloto.com , or by writing to GPS Floto s.r.o., Customer Service, Pitterova 7, Praha 3 130 00, Czech Republic, Europe.

NOTE: Additional terms and conditions applicable to you are as follows:

End-User Terms required by Payment Gateways

Legal Agreements for PayPal TM Services
https://cms.paypal.com/us/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_US

Google APIs Terms of Service
https://developers.google.com/terms/

Bootstrap – GitHub Inc. Terms of Service
https://help.github.com/articles/github-terms-of-service

Open Layers
Copyright 2020 GPS Floto s.r.o.

OpenStreetMap Foundation Terms of Use
http://wiki.openstreetmap.org/wiki/Terms_of_Use_-_Discussion_Draft

http://www.openstreetmap.org/copyright

MapQuest, Inc.Terms of Use
http://info.mapquest.com/terms-of-use/

All other marks mentioned may be trademarks or registered trademarks of their respective owners.

GPS Floto Terms of Use last updated as of May 25, 2020. The Terms of Use is valid until its next update is officially released.

Terms of Use (Mobile Application)

GPS Floto

INTRODUCTION

GPS Floto SERVICE

In using the GPS Floto Service, you allow your and / or your employees GPS hardware to be located; and these locations to be recorded, compiled, stored and displayed. You may also transmit data to and from your fleet and dispatch locations. The usage of GPS Floto is free of charge under defined conditions. When exceeding defined limits, or requiring higher level of services, additional service is required. Use of the GPS Floto Service includes download of the GPS Floto Software to your wireless device (if applicable) and any upgrades, modifications, or additions thereto (collectively, "GPS Floto Software"), but does not include any hardware device neither hardware that may be required for certain wireless devices (such as a standalone GPS receiver). A complete description of the GPS Floto Services is available on the GPS Floto website, located at https://www.gpsfloto.com .

The GPS Floto Service is for your internal business and personal use and is not for resale or other transfer or disposition to any other person or entity.

The server part of GPS Floto solution runs on public cloud. These Terms of Use have been written in regards to actual agreement with the Cloud provider and his Terms of Use (link set forth at the end of this Agreement). You have been informed and you do agree that the Cloud provider can change its Terms of Use any time even without written prior notice to you. This cannot be influenced by GPS Floto and thus should be considered and threated as Vis Major. GPS Floto will exercise reasonable efforts to prevent such occurrences, but in no event will GPS Floto be liable for any financial or other damages due to such change. The Cloud Provider can apply its own rules for data handling, securing and providing, based on its company’s headquarter, branch, or datacentre location; or the legal system the Cloud provider falls within.

YOUR LOCATION AND ROUTE INFORMATION

In using the GPS Floto Service, you allow GPS Floto to access your GPS hardware and otherwise obtain this location and route information, and to record, compile and display such information internally. Such information is subject to GPS Floto's Privacy Policy located at https://www.gpsfloto.com/privacy-protection . Your use of the GPS Floto Service indicates that you accept the terms of GPS Floto's privacy policy.

SAFE AND LAWFUL USE OF THE GPS Floto SERVICE

Observe all traffic laws and otherwise drive safely.
Use your own personal judgment while driving. If you feel that a route suggested by the GPS Floto Service instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, do not follow such instructions.
Do not input destinations, or otherwise interact with the GPS Floto Service, unless your vehicle is stationary and parked in a safe place. Safe place means there is no possibility to be endangered by other vehicles on highways, roads or in lanes.
Do not use the GPS Floto Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
Arrange all GPS and wireless devices and cables necessary for use of the GPS Floto Service in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).

TELEPHONE CHARGES

TERMINATION

GPS Floto reserves the right to terminate your access to the GPS Floto Service at any time for any or no reason and without notice to you.

You are also informed and agree that if a third party will stop, temporary not provide or otherwise limit its services, GPS Floto can stop or limit its services accordingly. GPS Floto will provide maximum effort to remove the obstacle in soonest possible term, or to replace missing third party service by relevant service from same or another third party vendor, but GPS Floto is not obliged to continue the service if the obstacle cannot be surmounted.

Upon any termination of your GPS Floto Service, GPS Floto shall have no liability to you or any further obligations under this Agreement.

ACCOUNT INFORMATION

All of your account information, as well as personal information provided by you to GPS Floto, are subject to GPS Floto's Privacy Policy located at https://www.gpsfloto.com/privacy-protection. Your use of the GPS Floto Service indicates that you accept the terms of GPS Floto's privacy policy.

SOFTWARE LICENSE

This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the GPS Floto Service.

You agree not to do any of the following:

Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the GPS Floto Software, or any part thereof.
Attempt to derive the source code, audio library or structure of the GPS Floto Software without the prior express written consent of GPS Floto.
Remove from the GPS Floto Software, or alter, any of GPS Floto's or its suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
Distribute, sublicense or otherwise transfer the GPS Floto Software to others, unless you have valid distribution contract signed between you and GPS Floto.

DISCLAIMERS

Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

OTHER QUALIFICATIONS

GPS Floto does not warrant that the GPS Floto Service or the GPS Floto Software will not infringe on third party intellectual property rights.

LIMITATION OF LIABILITY

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

INDEMNIFICATION

ARBITRATION AND GOVERNING LAW

VIS MAJOR

GPS Floto is not liable for failure to perform the GPS Floto Service if such failure is as a result of:

(i) Natural disasters, such as earthquakes, storms, hurricanes, floods, tornados and fires.

If the cause for VIS MAJOR status cannot be removed in long time bases and despite undertook efforts, GPS Floto can permanently terminate the service.

MISCELLANEOUS

This Agreement constitutes the entire agreement between GPS Floto and you with respect to the subject matter hereof.

NOTE: Additional terms and conditions applicable to you are as follows:

Google APIs Terms of Service
https://developers.google.com/terms/

GitHub Inc. Terms of Service
https://help.github.com/articles/github-terms-of-service

All other marks mentioned may be trademarks or registered trademarks of their respective owners.

GPS Floto Terms of Use last updated as of May 25, 2020. The Terms of Use is valid until its next update is officially released.