Policies
Driver Challenge end user terms
End User License Agreement (EULA). Users accept these terms the first time they open Driver Challenge in MyGeotab or Geotab Drive.
1. The software application and reports (collectively, "Application") are licensed, not sold, to you under the terms and conditions of this End User License Agreement ("EULA") by D2GO SOLUTIONS INC ("D2GO"). D2GO reserves all rights in and to the Application not expressly granted to you under this EULA. IF YOU ARE ACCEPTING THIS EULA ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT: (I) YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THIS EULA; (II) YOU HAVE READ AND UNDERSTAND THIS EULA; AND (III) YOU AGREE, ON BEHALF OF THE PARTY THAT YOU REPRESENT, TO THE TERMS OF THIS EULA.
2. The Application is designed for use with certain fleet management platforms and related services (the "Platform"). The Application functions as an add-in to such platforms' services and mobile applications.
3. D2GO grants you a license to use the Application in conjunction with your use of the Platform either as part of the Platform or on a computer or mobile device on which the Application is installed, within the usage limitations of the Application (either as prescribed by the Application or as selected by you).
4. You acknowledge and agree that while D2GO has taken reasonable steps to test the Application and the integrity of the data and reports, D2GO makes no warranty in that regard and cannot be held accountable for any mistake or error the Application may report.
5. You acknowledge that the Application will access data from your database and store it on D2GO's servers. You may also be required to grant access to such database to D2GO through account credentials or permissions. Any access to your database by D2GO is at your own risk and you are responsible for ensuring that D2GO's data storage, security, and privacy practices are satisfactory to you.
6. Support for the Application will be provided by D2GO or its authorized representatives. Should you require assistance, you may be referred to D2GO for additional support as necessary.
7. YOU EXPRESSLY UNDERSTAND AND AGREE THAT D2GO SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT D2GO OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
8. THE COLLECTIVE AND AGGREGATE LIABILITY OF D2GO TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APPLICATION IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES ACTUALLY RECEIVED BY D2GO FROM YOU DURING THE LAST 12 MONTHS FOR THE APPLICATION; OR (B) ONE HUNDRED DOLLARS (U.S. $100.00).
9. Your use of, or inability to use, the Application is at your sole risk. D2GO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. D2GO may temporarily suspend your use of the Application if the Application detrimentally impacts D2GO's operations, other users, or any related services, solely as determined in D2GO's sole discretion.
10. D2GO owns and retains all proprietary rights in the Application. The Application contains copyrighted material, trademarks, and other proprietary information of D2GO and its licensors. The provision of the Application does not transfer to you or any third party any rights, title, or interest in or to such intellectual property, including, without limitation, any intellectual property rights in any D2GO or third-party content.
11. D2GO may terminate this Agreement and your license to use the Application by written notice if you breach any terms of this Agreement and fail to cure such breach within thirty (30) days after receipt of notice from D2GO. You may terminate this Agreement and your license to use the Application at any time by providing written notice to D2GO.
12. If your headquarters are located in: (a) the United States of America, then this EULA will be governed by and construed under the laws of the State of New York without giving effect to its conflict of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods. Each party irrevocably attorns and agrees to the exclusive jurisdiction of the courts of the State of New York and the U.S. federal courts located in New York City for any claim related to this EULA; or (b) elsewhere in the world, this EULA will be governed by and construed under the laws of the Province of Quebec, excluding its conflict of laws principles and the United Nations Convention on Contracts for the International Sale of Goods. Each party irrevocably attorns and agrees to the exclusive jurisdiction of the courts of the Province of Quebec for any claim related to this EULA.
13. You may not transfer, assign, or delegate your rights and/or duties under this EULA to anyone else; any attempted assignment or delegation is void. Any delay or failure by D2GO to exercise or enforce any right or provision of this EULA will not constitute a waiver of such right or provision. No waiver shall have effect unless set forth in a signed writing. This EULA constitutes the complete and exclusive agreement between you and D2GO concerning the subject matter hereof, and supersedes all prior communications or agreements. If a court of competent jurisdiction finds any provision of this EULA unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the EULA will remain in full force and effect.