Terms of Service

1. This agreement

These terms form a contract between FleetVerified (company number [to be completed before launch], registered office [to be completed before launch]) ("we", "us") and the organisation whose workspace is created in FleetVerified ("you", "the operator"). They apply from the moment the account is created or the service is used.

The service is supplied for business purposes only. Consumer rights that assume a personal, family or household purchase do not apply, and neither does the Consumer Rights Act 2015.

The person who accepts these terms confirms they are authorised to bind the operator. Acceptance is recorded against their user account with the version, the date and time.

2. Compliance responsibility — please read this clause

The service helps you organise, evidence and monitor fleet compliance activity. It does not assume, discharge or transfer any of your statutory duties. You remain solely responsible for holding and complying with your operator's licence, for the roadworthiness of your vehicles and trailers, for your maintenance and inspection regime, for the competence of your Transport Manager and staff, and for every declaration and return-to-service decision made in your name.

We are not your Transport Manager, your compliance consultant or your legal adviser, and nothing produced by the service is legal advice or a substitute for professional judgement. Default templates, intervals and reminder settings are starting points that you must review and adapt to your operation.

3. Accounts and operator responsibilities

• Keep account and licence details accurate and up to date.
• Give each person their own named account. Shared logins defeat the audit trail, and a shared login makes you responsible for everything done under it.
• Review who has access, and remove access promptly when someone leaves or changes role.
• Enable two-step verification where the service requires it for privileged roles, and do not attempt to work around it.
• Ensure the data you enter is accurate and that you are entitled to record it, including staff data.
• Tell your staff how their data is used — a template privacy notice for staff is available on request.
• Tell us promptly if you believe an account has been compromised.

4. Authorised users

Authorised users are your staff and the external maintenance providers you invite. You are responsible for their use of the service as if it were your own. Access must be limited to the role each person genuinely needs, and external providers must only be given access to the work you share with them.

We may suspend an individual user immediately where their use threatens the security or integrity of the service, and we will tell you why.

5. Subscription, fees and billing

The service is supplied on a subscription. The plan, the subscription period, the fees, the billing frequency and any usage limits are those set out in your order or shown in your account's billing settings, which form part of this agreement.

• Fees are quoted exclusive of VAT, which is charged at the prevailing rate.
• Subscriptions renew automatically for successive periods unless cancelled before the renewal date.
• We may change fees for a renewal period on at least 30 days' written notice before that period starts; you may decline by cancelling before renewal.
• Invoices are payable within the period stated on them. We may charge statutory interest on late payment under the Late Payment of Commercial Debts (Interest) Act 1998.
• Where payment is more than 30 days overdue and notice has been given, we may suspend access. Suspension does not delete your data, and export remains available under clause 12.
• Fees already paid for a period are not refunded on cancellation part-way through that period, except where we are in material breach.

6. Trials and evaluation

Any trial or evaluation access is provided as-is, may be changed or withdrawn, and carries no availability commitment. Data entered during a trial remains yours and can be exported at any time.

7. Acceptable use

You must not, and must not permit anyone else to:

• use the service unlawfully, or to record information you have no right to hold;
• falsify a compliance record, back-date an inspection, or use the service to present work as done when it was not;
• attempt to access another operator's data, probe or bypass permission checks, or test the security of the service without our written permission;
• copy, resell, sublicense or make the service available to a third party other than an invited authorised user;
• reverse engineer the service except to the extent that restriction is unenforceable by law;
• upload malware, or content that is unlawful, defamatory or infringes someone else's rights;
• place unreasonable load on the service through automated means, or scrape it.

Falsifying compliance records is treated as a material breach and may be reported to the relevant authority where we are required or permitted to do so.

8. Availability, support and changes

We aim for 99.5% monthly availability, excluding planned maintenance. Planned maintenance is scheduled outside normal working hours wherever practical and we give advance notice of anything materially disruptive. Support is available 09:00–17:30 UK time, Monday to Friday, excluding English public holidays at support@fleetverified.co.uk.

We improve the service continuously and may change how features work. We will not make a change that materially reduces core functionality you rely on during a paid period without giving you at least 30 days' notice and, if the change is materially detrimental to you, the right to terminate without penalty for the remainder of that period.

Offline working is provided for field use, but it depends on the device it runs on. You remain responsible for confirming that work recorded offline has synchronised.

9. Your data

All data you and your users enter, upload or generate in the service remains yours. We claim no ownership of it. We use it only to provide, secure and support the service, to comply with the law, and as instructed by you.

Where your data includes personal data, you are the controller and we are your processor. The data processing agreement forms part of this agreement and governs that processing.

We may generate aggregated, statistical information about how the service is used. Such information never identifies you, your staff, your vehicles or your operation, and is not derived from the content of your compliance records.

10. Intellectual property

We own the service, its software, design, documentation, default templates and all related intellectual property. We grant you a non-exclusive, non-transferable right to use the service for your own internal business purposes for the subscription period. Feedback you give us may be used freely to improve the service without obligation.

11. Confidentiality

Each party will keep the other's confidential information confidential, use it only for this agreement, disclose it only to those who need it and are bound by equivalent duties, and protect it with at least reasonable care. The obligation does not apply to information that is public through no breach, independently developed, or required to be disclosed by law or a regulator — and in that last case the disclosing party will give notice where lawful. The obligation continues for five years after the agreement ends, and indefinitely for personal data.

12. Suspension, termination and data retrieval

• You may terminate at the end of a subscription period by cancelling before renewal, or at any time by completing the account closure workflow in the product.
• Either party may terminate immediately on written notice for material breach that is not remedied within 30 days of being notified, or on the other's insolvency.
• We may suspend access immediately where there is a genuine security risk, unlawful use, or falsification of compliance records; we will tell you why and restore access as soon as the cause is resolved.
• On termination you may export your data through the self-service export for at least 30 days, and account closure includes a 30-day cooling-off period during which closure can be cancelled and data can still be retrieved.
• After that period we delete or anonymise data in line with the published retention matrix. Compliance evidence, audit trails and security records are retained for the periods stated there because law, DVSA expectations or the defence of legal claims require it — they are not destroyed simply because an account has closed.

We will not hold your data hostage. Export is available at any time to an authorised administrator, including during a payment dispute.

13. Warranties

We warrant that we will provide the service with reasonable skill and care, in accordance with this agreement and applicable law. Except as expressly stated, the service is provided without further warranty, and we do not warrant that it will be uninterrupted, error free, or that it will cause you to be compliant with any regulatory requirement.

14. Liability

Nothing in this agreement limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Subject to that, neither party is liable for indirect or consequential loss, loss of profit, loss of business, loss of anticipated savings, or regulatory fines and penalties imposed on the operator, and each party's total liability in any 12-month period is limited to the greater of the fees paid or payable by you in that period and £5,000.

The limits in this clause do not apply to your obligation to pay fees, to either party's breach of confidentiality, or to liability arising under the data processing agreement for a breach of data protection law, which is governed by that agreement.

You acknowledge that responsibility for compliance with transport law rests with you, and that any penalty, licence action or enforcement outcome arising from your operation is not a loss we are liable for.

15. General

• We may update these terms. Each version is numbered and dated; the version you accepted is recorded against your account. Material changes take effect on at least 30 days' notice, and may require acceptance again before continued use.
• Neither party is liable for failure caused by events beyond its reasonable control.
• You may not assign this agreement without our consent, not to be unreasonably withheld. We may assign it to a successor of our business on notice.
• No third party may enforce this agreement under the Contracts (Rights of Third Parties) Act 1999.
• If a clause is unenforceable, the rest continues in force.
• This agreement, together with the data processing agreement, the privacy notice and your order, is the whole agreement between us.
• This agreement is governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

Questions about these terms: support@fleetverified.co.uk.