Terms and Conditions

Updated March 2023

These Fleetwire Services Terms and Conditions (the "Terms") applies between you as a natural person or a representative of a legal person, by site visitors (“Site Visitors”) and by individuals or entities who purchase services (“Fleetwire Services”) or create an account (“Account”) and their Authorized Users (collectively, "Customers", "You") and Fleetwire, LLC ("Fleetwire", "we", "us", or "our"). The Terms applies to your access and use of the services made available by Fleetwire, LLC at its websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site", "Services", or "Platform"). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

By creating an account on Fleetwire's website (the "Site") or the Fleetwire's web application and/or the Fleetwire services (collectively, the "Service"). you agree to be bound by these Terms including the Fleetwire, LLC Privacy Policy. If you are accepting these Terms on behalf of another person, a company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity to these Terms. "you" and "your" refer to you as a natural person or the legal person that you represent.

Related pages

Privacy Policy
Cookie Policy
FAQs

Have a question?

Not sure exactly what you're looking for or just want clarification? We’d be happy to chat with you and clear things up. Anytime!

Contact Us

ADDITIONAL TERMS FOR FLEETWIRE SERVICES

  • Fleetwire Signature. If you use Fleetwire Signature, you accept the Terms of the Fleetwire Signature Schedule below.

Simply put:

You may use any of Fleetwire's Services & features that come with your plan only in compliance with these Terms.

Who can use the Services

You may use the Services only in compliance with these Terms, if you are 18 years or older, have the authority to enter into a legally binding contract with Fleetwire, LLC and are not barred under any applicable laws or contracts from doing so. Fleetwire, LLC reserves the right to request written confirmation regarding your authority to enter into this contract.

Simply put:

You may use the Services only in compliance with these Terms, if you are 18 years or older.

Our liability

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy or completeness. To the extent permitted by law, We, other members of our group of companies and third parties connected to us, hereby expressly exclude:

  • all conditions, warranties and other terms which might otherwise be implied by statute, law or otherwise;
  • all conditions, warranties and other terms which might otherwise be implied by statute, law or otherwise;
  • any liability whatsoever incurred by any user in connection with  our Website or in connection with the use, inability to use, or results  of the use of our Website, any websites linked to it and any materials  posted on it, including, without limitation any liability for:
  • direct, indirect or consequential loss or damage;
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and  whether caused by infringement of general laws (including the omission  to act in accordance with reasonable carefulness), breach of contract or  otherwise, even if foreseeable.

Simply put:

We provide this service in good faith and assume no liability for your use of our services and provide no guarantees.

Third parties

If the Customer wishes to connect its Account to a Third Party Channel (each such interconnection is named an “Integration” or "Connection"), Also, in order for the Fleetwire Platform to operate properly, the Customer must keep its account on the Third Party Channel connected to the Customer’s Account on the Fleetwire Platform.

  • The Customer will have no plea, claim or demand against Fleetwire for any loss of data, reservations or revenue due to Customer’s failure to keep his or her account on the Third Party Channel connected to the Customer’s Account on the Fleetwire Platform. The Customer is exclusively responsible for all consequences of such failure.
  • Fleetwire is not liable for any problems in the Customer’s Account on a Third Party Channel, including response rate or the account being locked out. Fleetwire is not liable for any Third Party Channel’s failure to keep its systems up and running, for any problems with the Third Party Channel’s systems, or any changes or disconnection of official or unofficial API connections between the Third Party Channel and the Fleetwire Platform. Payments to Third-Party Channels are at the Customer’s cost and responsibility
Third-Party Service Providers. Fleetwire shall not be responsible for Third-Party Service Providers, any and all communications, transactions payments, and engagements with Third Party Service Providers, are exclusively between the Customer and the relevant Third Party Service Provider. Fleetwire shall not screen, endorse or recommend Third Party Service Providers and cannot confirm their professional qualifications, skills, licenses, or permits needed for their line of work, or that they are properly covered by insurance.

Third-Party Payment Processor Services. Our payment process service is provided by a third party, and it is offered to the Customer on an “as-is” and “as-available” basis. Fleetwire is not liable for any error or malfunction in such payment process service. the Customer is exclusively responsible for all tax filings and withholdings in connection with the collection of fees made through such payment process service. The Payment Processor may charge additional transaction fees for the integration with the Customer’s Fleetwire Account. We may deduct or withhold any amounts collected through the payment process service, to the extent we determine it to be necessary.

Simply put:

Customers can connect third-party channels for integrations, but Fleetwire isn't responsible for any issues that arise. The customer is solely responsible for third-party service providers and payment processors.

Your use of the Service

You agree only to use the Services via your own account or via an account created by a company or other legal entity which has expressly authorized you to use its account. You undertake not to use the Services for other purposes than for the purposes which Fleetwire has indicated that the Services are intended for.

Simply put:

You may only use accounts you are allowed to use and use our service as it's intended.

PAYMENT

You can purchase a monthly or annual plan and your payment method will be charged on a recurring basis. All fees, expenses and taxes due hereunder will be paid in U.S. dollars. All fees due and payable by you to Fleetwire under the Terms must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law. When you sign up for a paid plan, you are agreeing to pay and take responsibility for all charges made in accordance with the chosen plan, and your subscription will automatically renew at the end of the subscription term unless you cancel as further set forth herein.

Cancellation policy

Once a user submits a request for cancellation, no additional charges will be made. However, no refunds (prorated or otherwise) are provided upon cancellation. In the interest of fairness to all of our clients, no exceptions will be made. Please use the free trial to ensure that Fleetwire is the right fit for your business.

Free 14-day trial

Fleetwire offers a free 14-day trial for all of our plans. You are not required to enter payment information, but your plan will expire at the end of the 14th day. If you choose to enter billing information, your first charge will occur at the end of the 14th day after your signup date. If you elect the 14-day trial and you cancel your Account before the end of the 14th day, you won’t be billed at all, even if you entered your billing information. You have the option to end your trial early and start the paid plan at any time during the trial period.

Monthly plan billing

Fleetwire’s monthly plans provide month-to-month access, with monthly charges being made each renewal day (the same day of the month that you originally signed up for the plan). Monthly plans automatically renew every month. If you cancel before an upcoming renewal day, you will have access to your Account through the end of the then-current month.

Annual plan billing

Fleetwire’s annual plans provide year-to-year access and a substantial savings over the month-to-month plan. Annual charges will be made each renewal date (the same date of the year that you originally signed up for the plan). Annual plans automatically renew every year thereafter. If you cancel before an upcoming renewal date, you will have access to your Account through the end of the then-current year.

Failed charges; Suspension

If your payment method on file is closed or the Account information is changed, or if, for any reason, a charge is rejected, you shall immediately update your Account or supply a new payment account, as appropriate. If you are unable to update your credit card account with appropriate information, then Fleetwire will send an invoice to you detailing the amount due. You must pay the amount due in full within seven (7) days after the date of the invoice. You agree to notify Fleetwire in writing of any changes to your Account information or termination of any authorization at least thirty (30) days prior to the immediately subsequent billing date. In the event payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day. Fleetwire may, without liability to you, disable the password, Account and access to all or part of the Services if any fees are not paid within forty-five (45) days after such fees first becoming due and payable under the Terms. In the event of the foregoing, Fleetwire shall not be obligated to provide any and/or all of the Services until such fees are paid in full. Accounts that have been terminated may be reactivated if valid payment information is entered and the card can be successfully processed for all charges accrued on the Account since the failed credit card charge.

Simply put:

A 14-day free trial (without a credit card) is available. After the 14th day you may not have access to the tools without adding a payment method. If you do have a payment method set and cancel before the 14th day you will not be charge. There are no refunds (prorated or otherwise). If you cancel your plan it will continue until the end of the billing cycle.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2

Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

3

Use a buying agent or purchasing agent to make purchases on the Site.

4

Engage in unauthorized framing of or linking to the Site.

5

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

6

Make improper use of our support services or submit false reports of abuse or misconduct.

7

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

8

Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

9

Attempt to impersonate another user or person or use the username of another user.

10

Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

11

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

12

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

13

Copy or adapt the Site’s software and/or API's, including but not limited to PHP, HTML, JavaScript, or other code.

14

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

15

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

16

Use the Site in a manner inconsistent with any applicable laws or regulations.

Simply put:

You may only use our site for its intended purpose. Don't try and cheat, lie, steal or do anything illegal.

Warranty Disclaimer and limitation of liability

THE SERVICE IS PROVIDED "AS-IS" AND AS-AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR RISK AND THUS THAT THE ENTIRE RISK AS TO QUALITY, PERFORMANCE, ACCURACY AND RESULT OF THE USE IS WITH YOU. THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED BY LAW (IN CONTRACT OR TORT) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE ABOVE, Fleetwire, LLC DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OR RESULT OF THE SERVICES WILL BE FREE FROM INTERRUPTIONS OR ERRORS. YOU ACKNOWLEDGE THAT BY USING THE SERVICE YOU SIMULATE A REAL SYSTEM INTRUSION AND YOU ARE AWARE OF AND TAKE FULL RESPONSIBILITY FOR ANY CONSEQUENCES THEREOF, INCLUDING ANY CONSEQUENCES ATTRIBUTABLE TO THE USE OF THE INFORMATION CONTAINED IN REPORTS GENERATED AS PART OF THE SERVICE.

IN NO EVENT WILL Fleetwire, LLC OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

This basically means

Use this service at your own risk.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD Fleetwire, LLC HARMLESS, INCLUDING OUR SUBSIDIARIES, AFFILIATES, AND ALL OF OUR RESPECTIVE OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES, FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR CONTRIBUTIONS; (2) USE OF THE SITE; (3) BREACH OF THESE Terms; (4) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE Terms; (5) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS; OR (6) ANY OVERT HARMFUL ACT TOWARD ANY OTHER USER OF THE SITE WITH WHOM YOU CONNECTED VIA THE SITE. NOTWITHSTANDING THE FOREGOING, WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE, AT YOUR EXPENSE, WITH OUR DEFENSE OF SUCH CLAIMS. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING WHICH IS SUBJECT TO THIS INDEMNIFICATION UPON BECOMING AWARE OF IT.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://fleetwire.io/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

ADDITIONAL SERVICE SCHEDULES FOR FLEETWIRE

Fleetwire Signature

Fleetwire offers eDocument eSigning as a feature on some paid plans. If you choose to use these features you agree to these terms.

1 DEFINITIONS

  • "Fleetwire Signature" means the on-demand electronic signature eSign Service, which provides online display, certified delivery, acknowledgement, electronic signature, and storage services for eDocuments via the Internet.
  • "Envelope" means an electronic record containing one or more eDocuments consisting of a single page or a group of pages of data uploaded to the System.
  • "Signer" means a person designated by an Authorized User to access and/or take action upon the eDocuments sent to such individual via Fleetwire Signature.
  • "System" refers to the software systems and programs, the communication and network facilities, and the hardware and equipment used by Fleetwire or its agents to make available the Fleetwire Fleetwire Signature service via the Internet.
  • "Transaction Data" means the metadata associated with an Envelope (such as transaction history, image hash value, method and time of Envelope deletion, sender and recipient names, email addresses, and signature IDs) that Fleetwire may use to generate and maintain the digital audit trail required by Fleetwire Signature.

2 ADDITIONAL USAGE LIMITATIONS AND CUSTOMER RESPONSIBILITIES

  • Fleetwire Signature facilitates the execution of eDocuments between the parties to those eDocuments. Nothing in this Service Schedule may be construed to make Fleetwire a party to any eDocument processed through Fleetwire Signature, and Fleetwire makes no representation or warranty regarding the transactions sought to be effected by any eDocument;
  • Between Fleetwire and Customer, Customer has exclusive control over and responsibility for the content, quality, and format of any eDocument. Without limiting the foregoing, all eDocuments, together with any messages included within an Envelope, stored by Fleetwire on the System are maintained in an encrypted form, and Fleetwire has no control of or access to their contents except to the extent access is requested in writing and made available by Customer to Fleetwire;
  • Fleetwire is not responsible for determining how long any contracts, documents, and other records are required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. Further, Fleetwire is not responsible for or liable to produce any of Customer’s eDocuments or other documents to any third parties;
  • Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-electronic, written record of the transaction. Fleetwire does not and is not responsible to: (i) determine whether any particular transaction involves a “consumer;” (ii) furnish or obtain any such consents or determine if any such consents have been withdrawn; (iii) provide any information or disclosures in connection with any attempt to obtain any such consents; (iv) provide legal review of, or update or correct any information or disclosures currently or previously given; (v) provide any such copies or access, except as expressly provided in the Documentation for all transactions, consumer or otherwise; or (vi) comply with any such special requirements;
  • Customer agrees that its assigned Account Administrator(s) has authority to provide Fleetwire with and accept from Fleetwire any required authorizations, requests, or consents on behalf of Customer with respect to Customer’s Account; and
  • Customer agrees it is solely responsible for the accuracy and appropriateness of instructions given by it and its personnel to Fleetwire in relation to the Services, including without limitation instructions through its Account as made by the assigned Account Administrator.

3 eDOCUMENT STORAGE AND DELETION

  • Sending, Storage. During the Term Fleetwire will send and store eDocuments per these Terms of the Subscription Plan. However, Fleetwire may set and enforce limits for reasonable use in order to prevent abusive or unduly burdensome use of Fleetwire Signature. Customer, through its Account Administrator(s), may retrieve and store copies of eDocuments for storage outside of the System at any time during the Subscription Term when Customer is in good financial standing under these Terms, and may delete or purge eDocuments from the System at its own discretion.
  • Uncompleted eDocuments. Fleetwire may, at its sole discretion, delete uncompleted eDocuments from the System immediately and without notice upon the earlier of: (a) expiration of the Envelope (where Customer has established an expiration for such Envelope, not to exceed 365 days); or (b) expiration of the Subscription Term. Fleetwire assumes no liability or responsibility for a party’s failure or inability to electronically sign any eDocuments within such a period of time.
  • Deletion. Fleetwire may delete an Account and Customer Data, including without limitation eDocuments (whether complete or not), upon the expiration of the Subscription Term.
  • Retention of Transaction Data. Fleetwire may retain Transaction Data for as long as it has a business purpose to do so.

4 INFORMATION SECURITY AND PERSONAL DATA

  • Customer Responsibilities. Fleetwire Signature provides Customer with certain features and functionalities that Customer may elect to use, including the ability to retrieve and delete eDocuments in the System. Customer is responsible for properly: (a) configuring Fleetwire Signature; (b) using and enforcing controls available in connection with Fleetwire Signature (including any security controls); and (c) taking such steps, in accordance with the functionality of Fleetwire Signature, that Customer deems adequate to maintain appropriate security, protection, deletion, and backup of Customer Data, which include controlling the management of Authorized Users’ access and credentials to Fleetwire Signature, controlling Customer Data that is Processed by Fleetwire Signature, and controlling the archiving or deletion of eDocuments in the System. Customer acknowledges that Fleetwire has no obligation to protect Customer Data, including Personal Data (defined below), that Customer elects to store or transfer outside of Fleetwire Signature (e.g., offline or on-premise storage).
  • Information Security. Fleetwire will employ commercially reasonable technical and organizational measures that are designed to prevent unlawful or unauthorized access, use, alteration, or disclosure of Customer Data.

Simply put:

We provide this service in good faith and assume no liability for your use of our services and provide no guarantees.