Terms of Service

The terms and conditions that govern your use of DriveWare services.

Last updated: January 1, 2024

These Terms of Service ("Terms") govern your access to and use of DriveWare's website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

1. Definitions

In these Terms:

  • "Services" refers to DriveWare's software products (motorcoach.ai, Vehicle Maintenance, ELD Integrations), website, and related services.
  • "User" refers to any individual or entity that accesses or uses the Services.
  • "Customer" refers to the organization that has entered into a subscription agreement with DriveWare.
  • "Content" refers to any data, text, images, or other materials uploaded to or generated through the Services.

2. Account Registration

To use certain features of our Services, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access or security breach

3. Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Services for your internal business purposes. You agree to use the Services only for lawful purposes and in accordance with these Terms.

4. Prohibited Conduct

You agree not to:

  • Use the Services for any illegal purpose or in violation of any laws
  • Access or attempt to access accounts or systems without authorization
  • Interfere with or disrupt the Services or related infrastructure
  • Reverse engineer, decompile, or disassemble any part of the Services
  • Copy, modify, or create derivative works based on the Services
  • Sublicense, sell, resell, or transfer access to the Services
  • Use automated systems to access the Services without permission
  • Upload malicious code, viruses, or harmful content
  • Violate the intellectual property rights of others

5. Customer Data

You retain ownership of all data you submit to the Services ("Customer Data"). You grant us a limited license to use Customer Data solely to provide the Services. We will handle Customer Data in accordance with our Privacy Policy.

You are responsible for:

  • The accuracy and legality of Customer Data
  • Obtaining necessary consents for data you submit
  • Maintaining appropriate backups of your data

6. Intellectual Property

The Services, including all software, content, features, and documentation, are owned by DriveWare and protected by intellectual property laws. These Terms do not grant you any ownership rights in the Services.

Our trademarks, logos, and service marks may not be used without our prior written consent.

7. Third-Party Integrations

The Services may integrate with third-party platforms (such as ELD providers). Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services or their availability.

8. Fees and Payment

Access to certain Services requires payment of fees as specified in your subscription agreement. Unless otherwise agreed:

  • Fees are due as specified in your agreement
  • All fees are non-refundable except as required by law
  • We may modify fees with reasonable notice
  • Late payments may result in service suspension

9. Service Availability

We strive to maintain high availability of the Services but do not guarantee uninterrupted access. We may temporarily suspend Services for:

  • Scheduled maintenance (with reasonable notice when possible)
  • Emergency repairs or security updates
  • Circumstances beyond our reasonable control

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be error-free, secure, or available at all times. You use the Services at your own risk.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DRIVEWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO DRIVEWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless DriveWare, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any rights of third parties
  • Customer Data you submit to the Services

13. Termination

We may suspend or terminate your access to the Services if you violate these Terms or for other reasons as specified in your subscription agreement. Upon termination:

  • Your right to use the Services ends immediately
  • We may delete your data after a reasonable period
  • Provisions that should survive termination will remain in effect

14. Changes to Terms

We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms and updating the "Last updated" date. Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.

15. Governing Law

These Terms are governed by the laws of the United States and the state in which DriveWare is incorporated, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts of that jurisdiction.

16. General Provisions

  • Entire Agreement: These Terms, together with any applicable subscription agreement, constitute the entire agreement between you and DriveWare regarding the Services.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
  • Waiver: Failure to enforce any right does not waive that right.
  • Assignment: You may not assign these Terms without our consent. We may assign these Terms freely.

17. Contact Information

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

DriveWare
7545 Irvine Center Drive, Suite 200
Irvine, CA 92618
Phone: 949-309-5150