1. Agreement to these terms
These Terms of Service ("Terms") are a binding agreement between Fleetly LLC ("Fleetly", "we", "us") and the person or entity using the Fleetly platform, website, and mobile applications (together, the "Services").
By creating an account, signing in, or using the Services, you accept these Terms. If you are accepting on behalf of a company, you represent that you have authority to bind that company, and "you" refers to that company. If you do not agree, do not use the Services.
Our Privacy Policy is incorporated into these Terms by reference.
2. Definitions
- Customer — the carrier, owner-operator, or business that subscribes to the Services.
- Authorised User — an employee, contractor, driver, or agent the Customer permits to access its account.
- Customer Data — all data, documents, and content the Customer or its Authorised Users submit to or generate through the Services.
- Order — the plan selection, quantity, and pricing agreed at sign-up or subsequently.
3. Accounts and eligibility
You must be at least eighteen years old and able to form a binding contract. You agree to provide accurate registration information and to keep it current.
You are responsible for all activity under your account, for maintaining the confidentiality of credentials, and for the acts and omissions of your Authorised Users. Do not share accounts between people — each Authorised User must have their own. Tell us promptly at support@fleetly.app if you suspect unauthorised access.
The Customer controls its own account, including which Authorised Users have access and what each may see. Fleetly acts on the instructions of the Customer's administrators and is not responsible for how a Customer allocates access internally.
4. Subscriptions and billing
Fees
Subscription fees are those stated in your Order. Unless the Order says otherwise, fees are quoted in US dollars, billed in advance for the applicable period, and are non-refundable except as expressly stated in these Terms or required by law.
Renewal
Subscriptions renew automatically for successive periods of the same length unless cancelled before the end of the current period. You may cancel at any time from your account settings or by contacting us; cancellation takes effect at the end of the period already paid for.
Changes to pricing
We may change pricing. We will give at least thirty days' notice before a change applies to your subscription, and the new price takes effect on your next renewal. If you do not accept it, you may cancel before that renewal.
Late or failed payment
If a payment fails, we may retry it and may suspend access until the balance is settled. Persistent non-payment may result in termination and deletion of the account under section 13.
Taxes
Fees exclude taxes. You are responsible for any sales, use, VAT, or similar taxes, excluding taxes on our net income.
5. Free trials
We may offer a free trial. Trials are provided as-is, without any warranty or support commitment, and we may modify or end a trial at any time. Unless you subscribe before the trial ends, access will stop and trial data may be deleted after a reasonable period.
6. Your data
You own your data. As between you and Fleetly, the Customer retains all right, title, and interest in Customer Data. We claim no ownership of it.
You grant us a limited, non-exclusive licence to host, copy, transmit, display, and process Customer Data solely to provide, secure, and support the Services, and to comply with law. We will not use Customer Data for any other purpose, will not sell it, and will not use it to train machine learning models made available to other customers.
You are responsible for the accuracy, quality, and legality of Customer Data, for having the rights necessary to submit it, and for obtaining any consent required from the individuals it concerns.
You may export your data while your subscription is active. See section 13 for what happens after termination.
7. Acceptable use
You agree not to, and not to permit anyone to:
- Use the Services in violation of any law, regulation, or third-party right.
- Upload malware or anything designed to disrupt, damage, or gain unauthorised access to any system.
- Probe, scan, or test the vulnerability of the Services, or breach or circumvent any security or authentication measure, without our prior written consent.
- Reverse engineer, decompile, or attempt to derive the source code of the Services, except where that restriction is prohibited by law.
- Resell, sublicense, or provide the Services to a third party as a service bureau, except as expressly permitted in an Order.
- Use automated means to access the Services in a way that imposes an unreasonable load on our infrastructure, or exceed documented API rate limits.
- Track the location of any individual who is not an Authorised User acting within the scope of their work for you, or use tracking to harass, stalk, or intimidate anyone.
- Remove or obscure any proprietary notice in the Services.
We may suspend access without notice if we reasonably believe use of the Services threatens the security, integrity, or availability of the platform or violates this section.
8. Driver accounts and tracking
The Services include GPS-based vehicle tracking. If you enable it, you are solely responsible for:
- Informing your drivers, in advance and in clear terms, that their vehicle position is collected and who can see it.
- Obtaining any consent, notice, or bargaining-unit agreement that applicable law, contract, or policy requires.
- Limiting tracking to legitimate business purposes and to working hours as your own policy defines them.
- Responding to your drivers' questions and requests about their data.
Location accuracy depends on satellite reception, device hardware, operating system permissions, battery state, and network connectivity, none of which we control. Positions may be delayed, imprecise, or missing. Do not rely on the Services as a safety system, an emergency response system, or the sole basis for a decision with safety consequences.
9. Compliance responsibility
Fleetly is a recordkeeping and operations tool. It is not a substitute for professional advice and is not a certified electronic logging device.
- We do not provide legal, tax, accounting, insurance, or regulatory advice. Reports, settlements, tax forms, and invoices generated by the Services are drafts for your review, and you are responsible for verifying them before relying on or filing them.
- Unless we state otherwise in writing, the Services are not certified or registered as an ELD under 49 CFR Part 395 and must not be used as your system of record for hours of service.
- You remain responsible for your own compliance with FMCSA, DOT, IRS, state, and local requirements, including driver qualification files, IFTA, and record retention.
10. Third-party services
The Services integrate third-party products, including mapping and geocoding from Google Maps Platform, payment processing, and email delivery. Your use of those products may be governed by their own terms. We are not responsible for third-party services, and their unavailability may affect features that depend on them.
11. Availability and support
We work to keep the Services available and reliable, but we do not guarantee uninterrupted access unless a separate written service level agreement says so. We may perform maintenance, and we will try to schedule planned maintenance outside peak hours and give advance notice where practical.
We may modify, add, or remove features over time. We will not make a change that materially reduces the core functionality of your paid plan during a period you have already paid for without giving you notice and, where the reduction is material, the option to cancel and receive a pro-rata refund of prepaid fees.
Support is provided by email at support@fleetly.app during normal business hours.
12. Intellectual property
The Services, including all software, design, text, graphics, and the Fleetly name and logo, are owned by Fleetly and protected by intellectual property law. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes during your subscription. All rights not expressly granted are reserved.
If you send us feedback or suggestions, we may use them without restriction or obligation to you.
13. Term and termination
These Terms apply for as long as you use the Services.
You may terminate at any time by cancelling your subscription and closing your account. We may terminate or suspend for material breach of these Terms, non-payment, or if required by law, and we will give notice and a reasonable chance to cure where the breach is curable.
On termination, your right to access the Services ends immediately. You may request an export of your Customer Data within thirty days of termination, after which we may delete it. Export your data before you close your account. Provisions that by their nature should survive — including sections 6, 12, 14, 15, 16, and 17 — survive termination.
14. Disclaimer of warranties
Except as expressly stated in these Terms, the Services are provided "as is" and "as available". To the fullest extent permitted by law, Fleetly disclaims all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that data — including location data, mileage, rates, and calculated settlement or tax figures — will be accurate or complete. You are responsible for verifying any output you rely on.
15. Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, or loss of data, arising out of or relating to these Terms or the Services, even if advised of the possibility.
Fleetly's total aggregate liability arising out of or relating to these Terms or the Services will not exceed the amount you paid us for the Services in the twelve months immediately preceding the event giving rise to the claim.
These limits do not apply to your payment obligations, to either party's liability for fraud or wilful misconduct, or to anything that cannot be limited under applicable law. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.
16. Indemnification
You will defend, indemnify, and hold harmless Fleetly and its officers, directors, employees, and agents from any third-party claim, and any resulting loss, liability, damage, cost, or reasonable legal fee, arising out of your Customer Data, your use of the Services in violation of these Terms or applicable law, or a claim by one of your drivers or employees relating to your tracking or employment practices.
17. Governing law and disputes
These Terms are governed by the laws of the State of Minnesota, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The parties will first try in good faith to resolve any dispute informally by contacting each other. If a dispute cannot be resolved within thirty days, it will be brought exclusively in the state or federal courts located in Hennepin County, Minnesota, and both parties consent to the personal jurisdiction of those courts. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
18. Changes to these terms
We may revise these Terms. We will post the revised version with an updated effective date, and for material changes we will give notice — such as an email to account administrators or an in-product notice — at least thirty days before they take effect. Continuing to use the Services after the effective date means you accept the revised Terms. If you do not accept them, cancel before they take effect.
19. General provisions
- Entire agreement. These Terms, together with your Order and our Privacy Policy, are the entire agreement between the parties on this subject and supersede all prior discussions.
- Assignment. You may not assign these Terms without our prior written consent, except to a successor in a merger or sale of substantially all assets. We may assign to an affiliate or successor.
- Severability. If a provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder stays in force.
- No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
- Notices. We may give notice by email to your account administrator or by posting in the Services. Send notices to us at the address in section 20.
- Independent contractors. Nothing here creates a partnership, joint venture, employment, or agency relationship.
20. Contact us
Questions about these Terms:
Fleetly LLC
Penn Ave S, Suite 309, Bloomington, MN 55431, United States
Email: support@fleetly.app
Phone: (612) 778-8840
See also our Privacy Policy.