Terms And Conditions Of Use Agreement

Effective Date: October 25, 2020

1. Acceptance of Terms

1.1 autocavo (“autocavo”) provides its Service (as defined below) to you through its websites located at www.autocavo.com and www.fitcarfleet.com (collectively, the “Site”), through its Fitcar web applications and/or mobile applications (collectively, the “App”), through its Fitcar on-board diagnostics (OBD) hardware device (the “OBD device”) and via other channels, subject to these Terms and Conditions of Use Agreement (the “Agreement”).

1.2 Please read these terms and conditions of use carefully before using the Site, the App and the OBD device. By accessing the Site or using this App or any functionality thereof on any computer, mobile phone, tablet or console you confirm that you have read, understood and agree to be bound by this Agreement and any applicable laws and/or regulations. If you do not agree with or consent to this Agreement, please do not access or use the Service or any functionality thereof.

2. Description of Service

The “Service” includes 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 affiliates, partners and third parties.

The “Hardware” is autocavo’s OBD device, which when properly installed and connected in 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

3.1 The Service, the App and the OBD device are provided for use in the United States by autocavo. Be aware that the use of most of the functionalities of the App require access to the Internet. The Service, App, the OBD and the information or advice contained in the App are intended for motorists, fleet motorists and fleet management only. Use of the Service for tracking the geolocation or collecting of data of other persons, including vehicle operators or other vehicle occupants, without their consent is prohibited. It is the responsibility of the user to inform the vehicle operators and vehicle occupants of any installed GPS tracking devices and to gain their consent to having the vehicle’s geolocation and other data collected. To view our Privacy Policy, go to www.autocavo.com/privacy-policy.

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 a Fitcar Fleet program customer and create an account.

3.2 Acceptable use of the Service, App and Hardware

You may:

(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 in the Site and the App (including User Generated Content, unless it is your own User Generated Content that you legally post to the Site and the  App or associated forum) except as set out under Section 7 below. These restrictions apply in relation to all or part of the Content (defined in Clause 7.1 below);

(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 and the App;

(c) link to the Site or the App;

(d) use the Site or App (or any part of it) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, 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;

(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, 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 support@autocavo.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, at 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 to you for free or based on a monthly subscription. By using the Site and the App and certain 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 contains 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 OBD device that is acquired or purchased new from autocavo or purchased through other authorized resellers, as applicable. autocavo warrants to customer the OBD device to be free from defects in material and workmanship that prevent the device from functioning or operating in accordance with the original equipment manufacturer specifications for a period of one (1) year from the date of shipment of the device to the end user. No employee, agent, dealer or other person is authorized to give any warranties on behalf of autocavo not expressly set forth in this Limited Warranty.

5.2 For general terms and conditions and additional details about this Limited Warranty and our return policy, you can access our policy at www.autocavo.com/warranty.

6. Payments

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 credit card number, expiration date, 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 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 of the Service or Hardware. You agree that failure to pay the amount billed can result in the suspension or termination of your account at autocavo’s discretion.

7. User Generated Content

7.1 “User Generated Content” is any content such as communications, information, messages, photographs, music, videos, designs, graphics, website links, data, 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 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 or App’s users to harm or liability of any type. 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 objectionable.

7.3 You confirm that you own or control all rights in 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 not to post photos or videos of another person or showing another person without that person’s permission.

7.4 Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant to autocavo a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner of media now or later developed for any purpose, commercial, advertising or otherwise, including the right to translate, display, reproduce, modify, create derivative work, sub-license, distribute, assign and commercialize without any payment due to you.

7.5 Should any part of this Site or App offer you the opportunity to join in or read from a forum, please be aware that any communications posted on the forum represent the views of the individual who posted such communication and are not to be taken as the views of autocavo.

7.6 Do not post any User Generated Content that includes “junk mail”, “chain letters”, “pyramid schemes” or other forms of solicitation. Do not use automated scripts to collect information from the Site or App.

7.7 Do not provide any false personal information about yourself. You confirm not to a) create more than one Fitcar Fleet account, b) create a Fitcar Fleet account on behalf of another individual, group or entity, or c) transfer your profile or account without proper permission. Do 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, at 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 it chooses to carry out prescreening, monitoring, editing or removal of User Generated Content.

8. Indemnification

8.1 You agree to indemnify, defend and hold harmless autocavo, its affiliates, 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 Content (defined in Clause 7.1 above), your use of the Service or Hardware, your reliance on any information or advice contained in the Site or the App or any violation of these Terms and Conditions of Use, any law or regulation or the rights of any third party.

9. Security

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 must treat such information as confidential, and you must not disclose it 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 that results from the unauthorized use of your username and/or password, 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 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, company names and other source identifiers displayed or presented on the Site, the App and the OBD device are 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 OBD device. Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the autocavo trademarks displayed on the Services, without our prior written permission in each instance.

10.3 Nothing in these Terms and Conditions of Use shall be interpreted as granting to you any license of IPR owned by autocavo or its licensors.

11. Data Protection and Privacy Policy

11.1 Personal details and other information relating to you provided to autocavo through the Site, the App and the OBD device will only be used in accordance with our Privacy Policy. Please read this carefully before continuing. By accessing or downloading the App you are consenting to use of this information in accordance with our Privacy Policy, which is incorporated into these Terms and Conditions of Use by this reference.

11.2 You can access our privacy policy at www.autocavo.com/privacy-policy.

12. Disclaimer of Warranties

THE HARDWARE COMES WITH A LIMITED WARRANTY SET FORTH 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 THE WARRANTY 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, 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 CERTAIN WARRANTIES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

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 does its best 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 change and other service recommendations are based on publicly available information compiled from vehicle original equipment manufacturers (OEM) 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 OBD device and any information or advice contained in the App. You understand and agree that you use the Site, the App, the OBD device 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 device 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 OBD device or any information or advice contained in the Site and 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 any products accessed via the Site, the App, your use of the Site and App, your use of the OBD device or for your reliance on any information or advice contained in the App for:

(a) loss of actual or anticipated profit, 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 cost, expense, loss or damage suffered by you in connection with your use of the Site or the App or any materials posted on it, even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by you and/or autocavo.

13.5 Further, autocavo shall not be liable to you or any third party in respect of the refusal to provide services, fraud, negligence, default or an act or omission or willful misconduct of:

(a) independent contractors engaged by autocavo, or their employees, contractors or agents; and

(b) any autocavo employees, contractors or agents (including any refusal to provide services and/or products).

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 the owners or operators of these applications or websites, or for any goods or services they supply, or for the content of their websites or applications and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (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 and App

15.1 autocavo may change the format and content of all or any part of the Service, the Site and the App at any time, including but not limited to the addition or removal of features or functionalities in the site and the App.

15.2 autocavo may suspend the operation of the Service, the Site, the App and the OBD device, or of certain of its features or functionalities, for support or maintenance work, in order to update the content or for any other reason.

15.3 Updates to the Service, the Site, the App and the OBD device 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 OBD device have been implemented and any new terms have been accepted.

16. Transfer of Rights

16.1 autocavo may transfer its rights and obligations under these Terms and Conditions of Use 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 and Conditions of Use.

17. Complaints Procedure

17.1 If you have a question or complaint about the Service, the Site, the App, the OBD device and/or their functionalities or features, please contact Support at (657) 234-8227, visit our website at www.autocavo.com or email support@autocavo.com.

18. Severance

18.1 Each of the Clauses or sub-clauses of these Terms and Conditions of Use 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. Termination

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 right to payments and terms in Section 6 of this Agreement shall survive termination of this Agreement.

19.2. autocavo reserves the right in its sole discretion to terminate your account and/or access to the Service, the App, the OBD device 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 notice and without liability to you or anyone else. autocavo also reserves the right to prevent access to the Service, the App, the OBD 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 line of action 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 remain in effect after your account and/or access to the Service, the App, the OBD device and/or their functionalities or features is terminated.

19.6 Upon termination, you agree to immediately stop all use of the Service and Hardware, and you will pay for use of the Service and Hardware up until the date your service ends and this Agreement terminates.

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 this 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 on your own initiative and are responsible for compliance with applicable local laws.

21. Export Restrictions

The Service, the Site, App, Hardware and any 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 and 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 and Conditions of Use at any time without notice, effective upon posting the amended Terms and Conditions of Use to the App. In the event that the Terms and Conditions of Use are amended, you will be asked to accept those revised Terms and Conditions of Use when you next use the App. Any use of the App, the OBD device and/or any information or advice contained in the Site App thereafter will be on the basis of those revised Terms and Conditions of Use and constitutes your acceptance of the new Agreement.

23. Jurisdiction

These Terms and Conditions of Use are governed by and to be interpreted in accordance with the laws and regulations of the State of Delaware, and in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the Service, the App and/or the OBD, the federal and/or state courts in Delaware will have non-exclusive jurisdiction over such dispute.

24. Inquiries

For questions regarding this Terms and Conditions of Use Agreement, please contact us:

autocavo LLC
Terms and Conditions of Use Inquiry
4851 Tamiani Trail N
Suite 200
Naples, FL 34103