Terms of Service

Welcome to MyFleet.Tech. These Terms of Service ("Terms") govern your access to and use of the MyFleet.Tech platform, including our website, applications, APIs, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Definitions

"MFT," "we," "us," or "our" refers to MyFleet.Tech and its parent company, subsidiaries, affiliates, officers, directors, employees, agents, and contractors.

"User," "you," or "your" refers to any individual or entity that accesses or uses the Service, including Fleet Operators, Service Shops, Drivers, and any authorized users under your account.

"Content" means any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, links, and other content or materials uploaded, submitted, stored, sent, or received via the Service.

2. Acceptance of Terms

By creating an account, accessing, or using the Service, you represent and warrant that you: (a) are at least 18 years of age; (b) have the legal capacity to enter into a binding agreement; (c) are not prohibited from using the Service under applicable law; and (d) will comply with these Terms and all applicable laws and regulations.

If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" will refer to that entity.

3. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) notify us immediately of any unauthorized access or security breach; and (d) accept all responsibility for activities under your account.

MFT shall not be liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized access to your account.

4. License Grant and Restrictions

Subject to your compliance with these Terms, MFT grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes.

You agree NOT to:

• Copy, modify, distribute, sell, lease, or sublicense any part of the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use the Service to develop a competing product or service
• Use automated systems or software to extract data from the Service ("scraping")
• Circumvent, disable, or interfere with security features of the Service
• Use the Service for any illegal, harmful, or unauthorized purpose
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to the Service or related systems

5. Your Content and Data

You retain ownership of Content you submit to the Service. However, by submitting Content, you grant MFT a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content in connection with operating, improving, and promoting the Service.

You represent and warrant that: (a) you own or have the necessary rights to the Content you submit; (b) the Content does not violate any third-party rights; and (c) the Content complies with all applicable laws.

MFT may use aggregated, anonymized, or de-identified data derived from your use of the Service for any purpose, including analytics, benchmarking, product development, and marketing, without restriction or obligation to you.

6. Data Processing and Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to MFT's collection, use, storage, and processing of your data as described in these Terms and the Privacy Policy.

You acknowledge that MFT may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that Content violates third-party rights; (d) respond to your requests for customer service; or (e) protect the rights, property, or safety of MFT, its users, or the public.

7. Service Modifications and Availability

MFT reserves the right, in its sole discretion, to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. MFT shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We do not guarantee that the Service will be available at all times. You acknowledge that the Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.

8. Fees and Payment

Certain features of the Service may require payment of fees. You agree to pay all applicable fees as described on the Service or as otherwise agreed in writing. All fees are non-refundable except as expressly stated otherwise.

MFT reserves the right to change its fees at any time upon thirty (30) days' notice. Your continued use of the Service after a fee change constitutes acceptance of the new fees.

If you fail to pay any fees when due, MFT may: (a) charge interest at 1.5% per month or the maximum rate permitted by law; (b) suspend or terminate your access to the Service; and (c) pursue collection through third parties or legal action, with you responsible for all collection costs including reasonable attorneys' fees.

9. Third-Party Services

The Service may integrate with or contain links to third-party services, products, or websites. MFT does not control and is not responsible for third-party services. Your use of third-party services is at your own risk and subject to the terms and policies of those third parties.

MFT disclaims all liability for any third-party services, including any loss or damage arising from your use of such services.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

MFT does not warrant that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the Service will be accurate or reliable; (d) any errors in the Service will be corrected; or (e) the Service is free of viruses or other harmful components.

MFT makes no representations or warranties regarding the accuracy, reliability, or completeness of any Content submitted by users, including maintenance records, inspection reports, or repair estimates.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MFT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER MFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MFT'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO MFT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

The limitations in this section apply regardless of the theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and even if MFT has been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless MFT and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your Content; (c) your violation of these Terms; (d) your violation of any third-party rights; or (e) your violation of any applicable law or regulation.

MFT reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with MFT in asserting any available defenses.

13. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Montgomery County, Maryland, or another location mutually agreed upon.

Class Action Waiver: YOU AND MFT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Jury Trial Waiver: YOU AND MFT WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

Time Limitation: Any claim arising out of or related to these Terms or the Service must be filed within one (1) year after the claim arose, or it will be permanently barred.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws principles. For any matters not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Montgomery County, Maryland.

15. Termination

MFT may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination: (a) your right to use the Service will immediately cease; (b) MFT may delete your Content and account data without liability; and (c) all provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your account at any time by contacting us. However, you remain responsible for all fees incurred prior to termination, and no refunds will be provided for prepaid fees.

16. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of MFT and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks, trade names, and logos may not be used in connection with any product or service without the prior written consent of MFT.

Any feedback, suggestions, or ideas you provide regarding the Service ("Feedback") shall become the exclusive property of MFT. MFT may use, disclose, reproduce, license, or otherwise distribute Feedback without restriction or obligation to you.

17. DMCA and Copyright Policy

MFT respects intellectual property rights and will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that Content on the Service infringes your copyright, please send a notice to our designated agent at: legal@myfleet.tech

18. Force Majeure

MFT shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or third-party service provider failures.

19. Changes to These Terms

We may update these Terms of Service from time to time. We will notify you of any material changes at least thirty (30) days before they take effect, via email to the address associated with your account. The notification will include a summary of the changes and a link to view the full updated Terms.

If you do not agree to the updated Terms, you may terminate your account before the effective date. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

20. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and MFT concerning the Service.

Waiver: The failure of MFT to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Assignment: You may not assign or transfer these Terms or your rights hereunder without MFT's prior written consent. MFT may assign these Terms without restriction.

Notices: MFT may provide notices to you via email, posting on the Service, or other reasonable means. You agree that electronic notices satisfy any legal requirement that notices be in writing.

21. Contact Information

If you have any questions about these Terms, please contact us at:

MyFleet.Tech
Email: legal@myfleet.tech
Phone: (240) 693-5338