Terms of Service

These Terms of Service (the "Terms") govern access to and use of the KO Fleetz fleet management platform, mobile applications (including the KO Fleetz driver app), APIs and related services (together, the "Service"), provided by KO Innovation Software Solutions ("KO Fleetz", "we", "us"). By creating an account, signing an order form, or using the Service, the customer ("Customer", "you") agrees to these Terms. If you are accepting on behalf of an organisation, you confirm you are authorised to bind that organisation.

1. Definitions

• “Service” means the KO Fleetz platform, driver and operator apps, APIs, and any documentation or support we provide.
• “Customer Data” means data you or your users submit to the Service, and data generated by your fleet — including vehicle location traces, trip records, driver records, fuel and sensor readings, and uploaded media such as proof of delivery.
• “Authorised Users” means your employees, drivers and contractors permitted to use the Service under your account.
• “Order Form” means the ordering document or online sign-up that sets out the subscribed modules, vehicle count, fees and term.
• “Third-Party Devices” means telematics units, GPS trackers, fuel sensors, cameras, smart locks and other hardware not supplied by KO Fleetz that feed data into the Service.

2. The Service and Licence

Subject to these Terms and payment of applicable fees, KO Fleetz grants you a non-exclusive, non-transferable, revocable right to access and use the Service for your internal fleet operations during the subscription term. KO Fleetz retains all rights not expressly granted. You may not resell, sublicense or make the Service available to any third party except your Authorised Users.

3. Accounts and Authorised Users

You are responsible for the accuracy of your account information, for maintaining the confidentiality of credentials, and for all activity under your account. You must ensure your Authorised Users comply with these Terms. You are responsible for assigning and reviewing the role-based permissions that control what each user can access.

4. Subscription, Fees and Payment

The Service is provided on a subscription basis. Subscribed modules, the number of vehicles or units metered, the term and the fees are set out in your Order Form. Unless the Order Form states otherwise: fees are invoiced [monthly / annually in advance — confirm]; payment is due within [payment term, e.g. 15 days] of the invoice date; and fees are exclusive of taxes (including GST), which you are responsible for.

We may suspend the Service for undisputed fees that remain unpaid after [notice period] following written notice. Unless stated otherwise on the Order Form, subscriptions renew automatically for successive terms unless either party gives [renewal notice period] written notice before the end of the then-current term.

5. Refunds and Cancellation

You may cancel your subscription with effect from the end of the then-current term by giving the notice stated in Section 4. Except where required by law or expressly agreed in an Order Form, fees already paid are non-refundable, and cancellation does not entitle you to a refund of fees for the unused remainder of a paid term. Any free plan or trial may be modified or withdrawn at any time and converts to a paid subscription only where you expressly opt in.

[Confirm the refund position with counsel and the commercial model: whether any pro-rata refund applies, the free-trial terms, any statutory cooling-off period, and how mid-term downgrades or vehicle-count reductions are handled.]

6. Customer Responsibilities

• Driver notification: you are responsible for informing your drivers and other affected individuals that vehicles and activity are tracked, and for obtaining any consent or providing any notice required by applicable law. KO Fleetz provides the tooling; the duty to your workforce is yours.
• Lawful use: you will use the Service, and the data it produces, only for legitimate fleet-operations purposes and in compliance with applicable law.
• Your equipment and connectivity: you are responsible for the vehicles, devices, network connectivity and SIMs needed to operate the Service, except where KO Fleetz has expressly agreed to supply them.
• Accuracy of inputs: you are responsible for the accuracy of master data you enter, such as compliance dates, vehicle details and driver records.

7. Customer Data and Privacy

As between the parties, Customer Data belongs to you. You grant KO Fleetz the rights needed to host, process and display Customer Data to provide the Service and support. Where KO Fleetz processes personal data on your behalf, it does so as a processor acting on your documented instructions; you act as the controller for your drivers’ and users’ personal data. Our handling of personal data is described in the Privacy Policy, which forms part of these Terms.

Aggregated and anonymised analytics: KO Fleetz may create aggregated, de-identified statistics from usage of the Service that do not identify you, any individual or any vehicle, and may use them to operate, improve and benchmark the Service. [Confirm the anonymisation standard and whether cross-customer benchmarking is offered before relying on this clause.]

On termination, KO Fleetz will make Customer Data available for export for [retrieval period, e.g. 30 days], after which it may be deleted in the ordinary course, subject to any retention required by law.

8. Third-Party Devices and Data Accuracy

The Service reads data from Third-Party Devices that KO Fleetz does not manufacture, install or calibrate. The quality of insights — fuel readings, location accuracy, sensor events — depends on the correct functioning and calibration of those devices. KO Fleetz is not responsible for errors, gaps or inaccuracies originating from Third-Party Devices, and does not warrant that device-derived data is complete or accurate. Where a reading is unreliable, the Service is designed to surface that rather than mask it, but you remain responsible for verifying device-originated data before acting on it in a way that has legal, financial or safety consequences.

9. Acceptable Use

• Do not use driver location or behaviour data for a purpose the affected individuals were never informed of, or in a manner prohibited by applicable law.
• Do not attempt to gain unauthorised access to the Service, other customers’ data, or the underlying infrastructure.
• Do not reverse engineer, scrape at scale, or interfere with the integrity or performance of the Service.
• Do not upload unlawful, infringing or malicious content.

10. Intellectual Property

KO Fleetz and its licensors own all rights in the Service, including its software, design, and documentation, and in any improvements to it. These Terms grant you a right to use the Service, not any ownership of it. Feedback you provide may be used by KO Fleetz without restriction.

11. Service Availability and Support

KO Fleetz will use commercially reasonable efforts to keep the Service available, but does not guarantee uninterrupted or error-free operation. Planned maintenance will be carried out with reasonable notice where practicable. Any binding availability commitment or support response times apply only if expressly agreed as described in Section 12.

12. Service Levels (SLA)

Any specific uptime target, support response times, or service credits apply only where they are set out in an Order Form or a separate Service Level Agreement (SLA) that references these Terms. In the absence of an agreed SLA, the Service is provided on the commercially-reasonable-efforts basis described in Section 11, without service credits.

[If an SLA is offered, define here or in a separate document: the uptime commitment and how availability is measured; exclusions such as planned maintenance, emergency maintenance, and factors outside our control including Third-Party Device, network and connectivity failures; the support tiers and target response and resolution times; and the service-credit remedy, how it is calculated and how a claim is made. Do not publish an SLA figure that operations has not committed to.]

13. Confidentiality

Each party may receive information the other treats as confidential. The receiving party will use it only to perform under these Terms and will protect it with reasonable care. This does not apply to information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law.

14. Warranties and Disclaimers

Except as expressly stated, the Service is provided “as is” and “as available”, and KO Fleetz disclaims all other warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. KO Fleetz does not warrant that the Service, or the insights it produces from Third-Party Device data, will meet every operational requirement or be free of error.

15. Limitation of Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, data or goodwill. Each party’s total aggregate liability arising out of or related to these Terms will not exceed [liability cap — e.g. the fees paid by the Customer in the 12 months preceding the claim]. Nothing in these Terms excludes liability that cannot be excluded by law. [Confirm cap and any carve-outs with counsel.]

16. Indemnification

You will indemnify KO Fleetz against claims arising from your Customer Data, your use of the Service in breach of these Terms, or your failure to give any driver notice or obtain any consent required by law. KO Fleetz will indemnify you against third-party claims that the Service, as provided, infringes that third party’s intellectual property rights, subject to the limitations in these Terms. [Scope of IP indemnity to be confirmed by counsel.]

17. Term, Termination and Suspension

These Terms apply for the subscription term stated in the Order Form and any renewals. Either party may terminate for material breach that remains uncured [cure period, e.g. 30 days] after written notice. KO Fleetz may suspend access where necessary to protect the Service or other customers, or for non-payment as described in Section 4. On termination, your right to use the Service ends and the data-export provisions in Section 7 apply.

18. Changes to the Service or these Terms

KO Fleetz may update the Service and these Terms from time to time. Material changes to these Terms will be notified by [email / in-product notice — confirm], and continued use after the stated effective date constitutes acceptance. If a change materially reduces the Service and you object, your remedy is set out in the Order Form or, failing that, termination for the affected subscription.

19. Governing Law and Disputes

These Terms are governed by the laws of India, and the courts at [Tiruchirappalli, Tamil Nadu — confirm jurisdiction] will have exclusive jurisdiction, subject to any dispute-resolution mechanism the parties agree in an Order Form. [Confirm governing law, venue, and whether arbitration applies.]

20. General

• Assignment: neither party may assign these Terms without the other’s consent, except to a successor in a merger or sale of substantially all assets.
• Force majeure: neither party is liable for delay or failure caused by events beyond its reasonable control.
• Entire agreement: these Terms, the Privacy Policy and any Order Form are the entire agreement between the parties on this subject.
• Severability: if any provision is unenforceable, the rest remain in effect.
• No waiver: failure to enforce a provision is not a waiver of it.

21. Contact

Questions about these Terms can be sent to contactus@kofleetz.com or support@kofleetz.com.

• KO Innovation Software Solutions
• #12, 10th Cross, Thillai Nagar East, Trichy – 620018, Tamil Nadu, India
• Phone: +91 80566 86222