1. Acceptance of Terms
1.1 autocavo, llc (“autocavo”) provides the Service (as defined below) to you via its websites, www.autocavo.com and www.autocavoFleet.com (collectively, the “Site”), through its autocavo web applications and/or mobile applications (collectively, the “App”), through its autocavo on-board diagnostics (OBD) hardware device (the “OBD device”), and via other channels, in all cases subject to these Terms and Conditions of Use (these “Terms”).
1.2 Please read these Terms carefully before using the Site, the App and the OBD device. By accessing the Site or using the App or any functionality thereof on any computer, mobile phone, tablet or console, you are confirming that you have read, understand and agree to be bound by these Terms and any applicable laws and/or regulations. If you do not agree with or consent to these Terms, please do not access or use the Service or any functionality thereof.
2. Description of Service
The “Service” means and includes access to and/or use of a) the Site, b) the App, c), autocavo’s fleet management and vehicle-related information services and software, and, d) vehicle maintenance and other service information and programs provided by autocavo’s affiliates, partners and/or third parties.
The “Hardware” means and refers to the OBD device, which when properly installed and connected in your or your company’s vehicle, collects information about the vehicle’s GPS location, vehicle status and maintenance, and its operation and use. In order for the Service to function and provide information from your vehicle, the OBD device must be properly installed into a compatible vehicle and the vehicle must be located in a geographical area with adequate cellular data network coverage. For information about autocavo’s Limited Hardware warranty, please refer to Section 5 below.
3. Use of the Service, App and Hardware
The App or the OBD device may not be used by any person who is not legally entitled to drive a motor vehicle.
In order to access and use certain current or future functionalities of the App, you may be required to register or sign in as an autocavoFleet program customer and create an account.
3.2 Acceptable uses of the Service, App and Hardware:
(a) access any part of the Site and App; and
(b) print off one copy of any or all of the pages for your own personal, non-commercial use.
You may not:
(a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way or otherwise use any material contained on the Site or the App (including User Generated Content (defined in Clause 7.1 below), unless it is your own User Generated Content that you legally post to the Site and the App or associated forum) except as provided in Section 7 below. These restrictions apply in relation to all or part of the User Generated Content;
(b) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Site or the App;
(c) link to the Site or the App;
(d) use the Site or App (or any part of either of them) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious codes, including viruses, or harmful data, into the Site, the App, the OBD device or any operating system;
(e) use the Site or the App in a way which could damage, disable, overburden, impair or compromise any autocavo systems or security or interfere with other users’ experience;
(f) collect or harvest any information or data from the Site, the App or our systems or attempt to decipher any transmissions to or from the servers running any part of the App;
(g) reproduce, prepare derivative works based upon, license, sell, resell, decompile, reverse engineer or disassemble the App or the OBD device except as may be permitted by applicable law;
(h) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site, the App or the OBD services and/or features or autocavo’s servers;
(i) change or delete any ownership notices from materials downloaded or printed from the Site or the App; or
(j) circumvent or modify any App or OBD device security technology or software, without the express written consent of autocavo.
3.3 If you wish to provide a hypertext or other link to the Site or the App, please send an email to email@example.com with details of:
(a) the URL(s) of the web page(s) from which you are proposing to link to the Site or App; and
(b) the URL(s) of the web page(s) on the Site or App to which you are proposing to link.
3.4 autocavo may, in its sole discretion, agree to or reject any request made in accordance with Clause 3.3 above. autocavo has no obligation to agree to any such request or to provide any reason for accepting or rejecting any such request.
4. Service and Hardware Services
The use of the Service and Hardware may be provided free of charge or based upon a monthly subscription fee. By using the Site and the App and related functionality, you agree that we may communicate with you regarding autocavo and the Service by SMS, email, text message or other electronic means and that you are aware that your carrier’s and internet service provider’s normal rates apply. The Site and the App contain services and features that are available through a web portal. By using the Site and the App, you agree that we may communicate with you by electronic means and that certain information about your use of these services may be shared with us. If you change or deactivate your contact information, you must immediately update your account information to ensure that we do not send messages intended for you to any person who might acquire your previous contact information.
5. Hardware Limited Warranty
5.1 autocavo offers a Limited Warranty for the Hardware that you newly acquire or purchase from autocavo or newly purchase through other authorized resellers, as applicable. autocavo warrants to customer that the OBD device is and will be free from defects in materials and workmanship that prevent the OBD device from functioning or operating in accordance with the original equipment manufacturer specifications for a period of one (1) year after the date of shipment of such OBD device to the end user. No employee, agent, dealer or other person is authorized to give or otherwise provider or offer any warranties by or on behalf of autocavo that are not expressly set forth in this Hardware Limited Warranty.
5.2 For general terms and conditions and additional details about this Hardware Limited Warranty and our return policy, please visit: www.autocavo.com/warranty.
For any portion of the Service or Hardware that requires the payment of fees, you agree to pay the fees and to provide autocavo your credit card for billing purposes. You agree to provide us with valid and accurate billing information and warrant that you are authorized to use the credit card provided. You are solely responsible for updating your account information to reflect any changes in your billing information to include a new credit card number, expiration date, authorization/security code, billing address, etc.
If your payment plan includes recurring billing for subscription payments, you authorize autocavo to bill your credit card in advance of the Service actually being provided in accordance with this Agreement.
If your credit card company fails to pay the amount billed for the Service or Hardware for any reason, you are still responsible for the payment of all charges accrued regardless of your use or non-use of the Service or Hardware. You agree that failure to pay the amount billed may result in the suspension or termination of your account, in autocavo’s sole discretion.
7. User Generated Content
7.1 “User Generated Content” means and includes any content such as communications, information, messages, photographs, music, videos, designs, graphics, website links, data, and profiles that you and/or other Site and App users post or otherwise make available on or through the Site or App, except to the extent that such content is owned by or licensed to autocavo.
7.2 You are solely responsible for all of your User Generated Content, your interactions with other users of the Site and App, and your activity on the Site and App. You agree not to post any content or make any communications which may expose autocavo or any of the Site’s or App’s users to harm or liability of any kind. You agree not to post or submit User Generated Content, or a link to a website, which is illegal, fraudulent, deceptive, misleading, libelous, infringing, harassing, hateful, threatening, abusive, pornographic, offensive in a sexual, racial, cultural or ethnic context, or is otherwise reasonably objectionable.
7.3 You confirm that you own or control all rights in and to any User Generated Content that you post or submit on or through the Site or App. You agree not to submit User Generated Content unless you are the owner or have permission of the owner to post such User Generated Content. You confirm you will not post photos or videos of another person or showing another person without that person’s prior written permission.
7.4 You confirm that your User Generated Content is not confidential or proprietary. You hereby grant, and warrant that you have the right to grant, to autocavo a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right and license to use your User Generated Content in any manner of media now or later developed for any purpose, whether commercial, advertising or otherwise, including the right to translate, display, reproduce, modify, create derivative work, sub-license, distribute, assign and commercialize the same, without any payment or other consideration due to you.
7.5 Should any part of the Site or App offer you the opportunity to join in or read from a forum, please be aware that any communications posted on such forum represent the views of the individual who posted such communication and are not to be taken as the views of autocavo.
7.6 You agree you will not post any User Generated Content that includes “junk mail”, “chain letters”, “pyramid schemes” or other forms of solicitation. You also agree you will not use automated scripts to collect information from the Site or App.
7.7 You agree you will not provide any false personal information about yourself. You confirm you will not a) create more than one autocavo account, b) create an autocavo account on behalf
of another individual, group or entity, or c) transfer your profile or account without proper written permission. You also agree you will not use or try to use another person’s fleet account, username or password.
7.9 autocavo reserves the right to monitor any information transmitted or received through any forum provided, and, in its sole discretion and without prior notice, to review, remove or otherwise block any material posted.
7.10 autocavo has no obligation to prescreen, monitor, edit or remove User Generated Content and assumes no responsibility for User Generated Content, even where autocavo chooses to carry out prescreening, monitoring, editing or removal of such User Generated Content.
8.1 You agree to indemnify, defend and hold harmless autocavo, its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal costs arising from or relating in any way to your User Generated Content, your use of User Generated Content, your use of the Service or Hardware, your reliance on any information or advice contained in or on the Site or the App, or any violation of these Terms, any applicable law or regulation or the rights of any third party related to any of the foregoing.
9.1 If you choose or are provided with a username, password or any other piece of information as part of the autocavo security procedures, you agree to treat such information as confidential, and you will not disclose the same to any third party nor allow any unauthorized person access to the App under your username and/or password. You are responsible for any actions that take place while using the Service, the Site, your App account or while using the App via your mobile Device, and autocavo is not responsible for any loss or liability that results from the unauthorized use of your username and/or password, whether with or without your knowledge.
10. Intellectual Property Rights (“IPR”)
10.1 All intellectual property contained on the Site or on the App (except for your User Generated Content) is solely and exclusively owned by autocavo or its licensors. All content on the Site or in the App (except for your User Generated Content), including but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features and all other content (“Content”) is a collective work under applicable copyright laws and is the proprietary property of autocavo and/or its licensors. autocavo reserves all of its rights in respect of the IPR contained in the App and in respect of the Content.
10.2 In particular, all trademarks, service marks, designs, logos, icons, graphics, product and service names, trade names, company names and other source identifiers displayed or presented on the Site, the App and the Hardware are solely and exclusively owned by autocavo or its licensors. autocavo reserves all of its rights in respect of the trademarks included on the Site, the App and the Hardware. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners
who may or may not endorse or be affiliated with or connected to autocavo. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the autocavo trademarks displayed on the Service, without autocavo’s prior written permission in each instance.
10.3 Nothing in these Terms shall be interpreted as granting to you any license of, or right in, to or under, any IPR owned by autocavo or its licensors.
12. Disclaimer of Warranties
THE HARDWARE IS PROVIDED WITH THE LIMITED WARRANTY DESCRIBED IN SECTION 5 ABOVE. THE SERVICE, INCLUDING THE SITE, APP AND ANY INFORMATION, CONTENT, DATA, MATERIALS, PRODUCTS AND SERVICES PROVIDED BY THE HARDWARE, SOFTWARE OR SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT. AUTOCAVO MAKES NO WARRANTY THAT: A) THE SERVICE WILL MEET YOUR REQUIREMENTS; B) THE SERVICE OR HARDWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE; C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR HARDWARE WILL BE ACCURATE OR RELIABLE; OR D) THE QUALITY OF ANY SERVICES, PRODUCTS, PROGRAMS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
AUTOCAVO DOES NOT WARRANT OR GUARANTEE THAT: A) REAL-TIME VEHICLE GPS LOCATION DATA WILL MATCH ACTUAL VEHICLE LOCATION; B) GPS LOCATION, VEHICLE DATA, AND OTHER CONTENT FROM THE HARDWARE WILL BE AVAILABLE AT ALL TIMES, AT ALL GEOGRAPHIC LOCATIONS, UNINTERRUPTED OR ERROR-FREE; OR C) CONTENT AND INFORMATION GENERATED BY THE SERVICE SUCH AS ALERTS, NOTIFICATIONS, AND MAINTENANCE AND SERVICE RECOMMENDATIONS AND REMINDERS, ARE TIMELY, ACCURATE OR ERROR-FREE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT IS THE CASE.
13. Limitation of Liability
13.1 You are responsible for the accuracy of the information that you enter or submit into the Site or the App. While autocavo uses reasonable commercial efforts to ensure that any information provided as part of the Site and the App is correct at the time of inclusion on the Site and App, autocavo cannot guarantee the accuracy of such information.
13.2 Oil changes and other service recommendations are based on publicly available information compiled from vehicle original equipment manufacturers (OEMs) and other third-party providers. While autocavo will seek to continuously update this information, it may not be entirely accurate, up-to-date or complete. Always refer to your vehicle owners’ manual or vehicle OEM’s website for your vehicle manufacturers’ recommendations.
13.3 To the fullest extent permitted by law, autocavo disclaims all warranties, express or implied, regarding the operation and use of the Site, the App, the Hardware and any information or advice contained in the App. You understand and agree that you use the Site, the App, the Hardware and any information or advice contained in the Site and App at your own risk and that you are solely responsible for your use and for any damage to the Hardware through which you access the App, loss of data or any other harm of any kind which may result from downloading, accessing or using the App, the Hardware or any information or advice contained on the Site or App.
13.4 To the fullest extent permitted by law, autocavo shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with your use of any third party products or services you access via the Site or the App, your use of the Site or App, your use of the Hardware, or for your reliance on any information or advice contained in the App to the extent the same is for:
(a) loss of actual or anticipated profits, sales, savings, use, business, business opportunity or revenue;
(b) losses caused by business interruption;
(c) loss of goodwill or reputation;
(d) loss or corruption of data, information or software; or
(e) any indirect, special or consequential costs, expenses, losses or damages suffered by you in connection with your use of the Site or the App or any materials posted on it, even if such costs, expenses, losses or damages were reasonably foreseeable or might reasonably have been contemplated by you and/or autocavo.
13.5 In addition, autocavo shall not be liable to you or any third party in respect of the refusal to provide services, or for fraud, negligence, default or an act or omission or willful misconduct of independent contractors engaged by autocavo, or their employees, contractors or agents.
14. External Websites and Applications
14.1 The Site and the App may include links to external websites or applications. These links are provided in order to help you find relevant websites, applications, services and/or products which may be of interest to you quickly and easily. It is your responsibility to decide whether any services and/or products available through any of these websites or applications are suitable for your purposes. autocavo is not responsible for these applications or websites, or for any goods or services they supply, or for the content of such websites or applications and does not give or provide any conditions, warranties or other representations in relation to any of the foregoing or accept any liability in relation to your use of any of the foregoing (including any liability arising out of any claim that the content of any external website or application to which the Site or the App includes a link infringes the intellectual property rights of any third party).
15. Changes to/operation of the Site, App and Hardware
15.1 autocavo may change the format and content of all or any part of the Service, the Site or the App at any time, including but not limited adding or removing features or functionalities in the Site and the App.
15.2 autocavo may suspend the operation of the Service, the Site, the App and/or the Hardware, or certain of their features or functionalities, for support or maintenance work, in order to update their content or for any other reason.
15.3 Updates to the Service, the Site, the App and the Hardware may be issued from time to time. Depending on the update, you may not be able to use all or a portion of the Service or Hardware until the latest changes to the Site, the App or the Hardware have been implemented and any new terms related thereto have been accepted.
16. Transfer of Rights
16.1 autocavo may transfer its rights and obligations under these Terms to any successor in interest or affiliate of autocavo. Any such transfer will not affect your rights or the obligations of autocavo under these Terms.
17. Complaints Procedure
17.1 If you have a question or complaint about the Service, the Site, the App, the Hardware and/or their functionalities or features, please contact Support at (657) 234-8227, visit our website at www.autocavo.com or email firstname.lastname@example.org.
18.1 Each of the Clauses or sub-clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Clauses or sub-clauses will remain in full force and effect.
19.1 You have the right to terminate your account at any time in accordance with the procedures detailed on the Site and the App. If you terminate your account, autocavo will not refund any prorated, unearned portion that you have pre-paid autocavo for the Service. All accrued rights to payments and terms set forth in Section 6 of these Terms shall survive termination of this Agreement.
19.2. autocavo reserves the right in its sole discretion to immediately, without prior notice, terminate or suspend your account and/or access to the Service, the App, the Hardware and/or any functionalities thereof, delete your profile and any of your User Generated Content and/or restrict your use of all or any part of the Service and App at any time, for any or no reason, without liability to you or anyone else. autocavo also reserves the right to prevent access to the Service, the App, the Hardware or any of their functionalities or features. If autocavo terminates your account without cause and you have signed up for the Service with recurring billing,
autocavo will refund the prorated, unearned portion of any amount that you have prepaid to autocavo for the Service.
19.3 After any action is taken by autocavo subject to Clause 19.2, you are not allowed to create a new account to circumvent the termination, deletion or restriction.
19.4 You understand and agree that some of your User Generated Content may continue to appear on or through the Site and the App or may persist in backup copies for a reasonable period of time even after your account and/or access to the Site and App is terminated.
19.5 These Terms and Conditions of Use will remain in effect after your account and/or access to the Service, the App, the Hardware and/or their functionalities or features is terminated.
19.6 Upon termination of your account and/or access to the Service, the App, the Hardware and/or any functionalities thereof, you agree to immediately stop all use of the Service and Hardware, and you will promptly pay for use of the Service and Hardware up until the date your use of the Service and these Terms terminate.
20. International Use
The Service and Hardware are not intended for use and do not work outside the U.S. The Site is administered by autocavo from its office in Naples, Florida, in the United States. autocavo makes no representation that materials on the Site are appropriate or available for use in locations outside the U.S., and accessing them from territories where the materials or contents are illegal is prohibited. If you choose to access the Site, the Service or the App from locations outside the U.S., you do so at your own risk and are responsible for compliance with all applicable local laws.
21. Export Restrictions
The Service, the Site, the App, the Hardware and any related content are intended for use within the U.S. and may not be downloaded, transferred, exported or reexported into the Crimea region of the Ukraine, Cuba, Iran, North Korea, Sudan, Syria or into any other embargoed or sanctioned countries subject to export regulations and restrictions by the U.S. Department of Treasury Office of Foreign Assets Control or to any person on the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce Denied Persons List.
22. Changes to these Terms and Conditions of Use
autocavo reserves the right to revise, modify or change these Terms at any time without notice, effective upon posting the amended Terms to the App. In the event that these Terms are amended, you will be asked to accept such revised Terms when you next use the App. Any use of the App, the Hardware and/or any information or advice contained in the Site or the App thereafter will be on the basis of those revised Terms and constitutes your acceptance of the revised Terms.
These Terms are governed by and will be construed and interpreted in accordance with the laws and regulations of the State of Delaware without reference to its conflicts of laws principles, and
in the event of any dispute arising in relation to these Terms or any dispute arising in relation to the Service, the App and/or the Hardware, the federal and/or state courts in Delaware will have exclusive jurisdiction over any such dispute.
For questions regarding these Terms, please contact us at:
Terms and Conditions of Use Inquiry
4851 Tamiani Trail N
Naples, FL 34103