Terms of Service
RentalMatics End User Agreement
BY DOWNLOADING, USING, OR ACCESSING ANY OF OUR DEVICES, SOFTWARE, SERVICES AND OTHER PRODUCTS, INCLUDING UPDATES AND UPGRADES THEREOF (COLLECTIVELY “PRODUCTS”), YOU CONCLUDE A LEGALLY BINDING AGREEMENT BASED ON THE TERMS OF THIS RENTALMATICS END USER AGREEMENT (“AGREEMENT”) WITH RENTALMATICS INC. (“RENTALMATICS” OR “WE”) ON BEHALF OF YOURSELF, UNLESS YOU ARE ACTING AND AUTHORIZED TO ACT FOR A COMPANY OR OTHER ORGANIZATION IN WHICH CASE THE AGREEMENT IS WITH SUCH ORGANIZATION AND ANY REFERENCES TO “YOU” HEREIN MEANS SUCH ORGANIZATION. IF YOU DO NOT WISH TO AGREE, DO NOT INSTALL, USE, ACCESS OR RETAIN ANY OF OUR PRODUCTS AND RETURN ANY PRODUCTS YOU HAVE PURCHASED TO THE SELLER FROM WHICH YOU PURCHASED SUCH PRODUCTS FOR A FULL REFUND OF THE PURCHASE PRICE.
We grant you a limited, revocable, non-exclusive right to use any software, firmware and intellectual property (collectively, “software”) embodied in Products solely for your own internal business purposes and solely in connection with your use of our in-vehicle telematics devices, on the condition and so long as you comply with all terms and conditions of this Agreement. Except as otherwise provided herein, such rights are non-assignable, non-transferable and non-sublicensable. You may not extract, copy or use the software in connection with any other Product or for use on any other device.
The RentalMatics product is protected by copyright and other intellectual property rights. Software and services are not sold, but only licensed or made available on a limited basis. Notwithstanding anything to the contrary herein, and notwithstanding any reference to the sale of any product to you hereunder, except for the rights expressly granted you under this Agreement, all right, title and interest (including all copyrights, trademarks, service marks, patents, inventions, trade secrets, intellectual property rights and other proprietary rights) in and to the Products and any copies thereof (regardless of the form or media upon which such copies are recorded) are and shall remain exclusively owned by us and our licensors. You shall not remove or attempt to remove any marks, labels and legends from Products.
The following data points are collected from each vehicle tracked by RentalMatics:- position, speed, acceleration, impact data (location, g-force and direction of impact) and the identifier of the device in the vehicle.
This data is collected for the following reasons: –
- Detection and prevention of loss or theft of the company vehicles
- Management of insurance claims
- Identification of unauthorised vehicle movements
- Monitoring and improving employee productivity and performance
- Monitoring and improving customers and employees driving behaviour
- Management of vehicle inventory
We may also collect data that is related to the vehicle rental such as the customer’s reservation data or rental contract data. This includes the customer name, date of birth, address, email address occupation, rental agreement identifier, reservation number and rental period.
We use Google cloud service to host and process all the data it collects, and use technical measures to secure your data.
We shall implement reasonable safeguards to prevent unauthorized access to, use of, or disclosure of any customer or personal data.
You must limit the exposure of personal data to what is relevant, adequate, and absolutely necessary for carrying out the purpose for which the data is processed.
We have provided a mechanism for setting up role-based access controls. You have the responsibility of setting these roles so it limits the exposure of personal data among their users to only what is required to successfully accomplish a given task. The level of visibility can be constrained per user based on vehicle identifiers (vid and registration), driver ids, clients ids or movement types.
Duration of Processing
All identifiable customer data is purged after 4 years unless it is still required under legislation. We own the information we collect in its aggregate and anonymized form and we reserve the right to use such aggregate, anonymized information without restriction.
You acknowledge that RentalMatics compiles, stores and uses aggregated data and system usage information to monitor and improve the Products and for the creation of new products. This aggregated data is no longer associated with a device or an individual and as such is not Individual Vehicle Data.
We may share certain data with third parties in an anonymized form, provided that such data is indeed anonymized according to the highest standards of anonymization set by the relevant national and EU data protection authorities.
Unless prohibited by applicable law, you shall indemnify and hold harmless RentalMatics, its agents, suppliers, licensors, service providers, distributors, sub-distributors, contractors, successors or assigns, and their respective directors, officers, shareholders, employees, agents and representatives (each an “indemnified party”), from and against any and all damages, liabilities, costs, losses and expenses (including reasonable legal costs and fees) arising from or related to any claim, demand, complaint or action by a third party arising out of or incident to: (a) Your actions or failure to act under or related to this agreement; or (b) your breach of any third party terms incorporated herein by reference.
Limitations of Liability.
You agree that the aggregate liability for indirect damages suffered by you shall be capped at a maximum of the amount billed during the preceding month. If applicable, notwithstanding any other provision in this agreement, to the maximum extent permitted by applicable law, in no event will either party be liable for any special, incidental, indirect, or consequential losses or damages, including loss of revenue or profits, loss of data, business information or loss of use thereof, failure to realize expected profits or savings, cost of capital, loss of business opportunities, loss of goodwill or any other non-direct, pecuniary, commercial or economic loss or damage of any kind whether foreseen or unforeseen arising from or incidental to this agreement. For greater certainty, the foregoing limitations and exclusions of liability shall not apply to (a) either party’s indemnification obligations hereunder; or (b) infringement or misappropriation of the other party’s intellectual property rights.
Certain vehicles or installation configurations may require professional installation, additional equipment or modifications to your vehicles. If you are uncertain that they have the requisite skills and understanding to install our Products, you must consult with the our authorised installer. Improper installation can lead to short circuits and the risk of fire, leading to personal injury or significant damage to your vehicle. Installation or servicing may also require modifications to your vehicle. Failure to comply with procedures specified in the installation instructions for the Product, or attempting to install our Products without adequate knowledge of the Product, installation, configuration, servicing, repair or removal procedures may result in damage to the Product or your vehicle, which may cause malfunctions of vehicle controls or vehicular environmental systems and result in personal injury. You understand that any such activities not performed by an installer authorised by RentalMatics will be at your sole risk. You hereby release and forever discharge, and will indemnify and hold harmless, RentalMatics, their affiliates, resellers and agents and their directors, officers, employees and representatives from any and all losses, actions, causes of action, liability, claims, demands, penalties, costs, expenses (including legal fees and disbursements on a full indemnity basis), judgments and damages of any nature or kind whatsoever, whether under contract, tort, or any other theory of law or equity, which you or any other third party has or will have, arising or accruing from, as a result of, in relation to, or in connection with, same.
You shall comply with all applicable local, state, national and foreign laws in connection with its use of the SaaS Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data. You shall not upload, post, reproduce or distribute any information, software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights. You shall: (a) notify us immediately of any unauthorized use of any password or user id or any other known or suspected breach of security, (b) report to RentalMatics immediately and use reasonable efforts to stop any unauthorized use of the SaaS Services that is known or suspected by you and (c) not provide false identity information to gain access to or use the SaaS Services. You shall be solely responsible for the acts and omissions of its Administrator Users. We shall not be liable for any loss of data or functionality caused directly or indirectly by the Administrator Users.
You are solely responsible for keeping all user identifications and passwords ( “Login Credentials”) secure. If you believe the security of your Login Credentials have been compromised, or suspects unauthorized use, you will promptly notify RentalMatics. We will be entitled to treat all communications, instructions and transactions as authorized by you if their Login Credentials are used unless you have notified RentalMatics of compromise or unauthorized use of their Login Credentials. If we suspect, in our reasonable opinion, fraudulent or unauthorized activity on your account, we reserve the right to terminate or suspend your access to our website or any applicable services or both and will use reasonable efforts to contact you.
Amendments And Waivers
You agree that we may change the terms of this Agreement from time to time by notifying you via our website, email or other means. You agree to accept, and you hereby accept, any changes in Third Party Terms and other terms of this Agreement, unless the changes impose commercially unreasonable disadvantages on you. If a change imposes commercially unreasonable disadvantages on you and we receive a written objection from you within 30 days of the date when you received notice or you should have noticed the change, we may, at our sole option and discretion, (a) reverse such change with the effect that the immediately prior version of this Agreement shall continue to apply to you, or (b) terminate this Agreement and your use of the Products and refund to you, upon receipt of all devices, documentation and deliverables, in good working condition, subject to ordinary wear and tear, in your possession (aa) the amount paid to us for any devices and software, depreciated on a 36 months straight line basis, accounting for your use, and (bb) any prepaid services fees paid to us for time periods after the effective date of the change to which you objected in accordance with this Agreement. No modification, amendment, addition to or waiver of any rights, obligations or defaults shall be effective unless in writing and signed by the party against whom the same is sought to be enforced. One or more waivers of any right, obligation or default shall be limited to the specific right, obligation or default waived and shall not be construed as a waiver of any subsequent right, obligation or default. No delay or failure in exercising any right hereunder and no partial or single exercise thereof shall be deemed of itself to constitute a waiver of such right or any other rights hereunder.
Either Party may terminate this Agreement immediately, without the need for a Court order, on written notice if:
- the other Party commits a material breach of any of its obligations under this Agreement and, where such breach is capable of being remedied, fails to remedy the breach within thirty (30) days after receiving a written notice (by registered letter with acknowledgement of receipt) from the non-breaching Party requiring remedy. For the avoidance of doubt, non-compliance with an SLA shall be deemed a material breach;
- the other Party commits a serious breach , willful breach or if a breach cannot be remedied;
- the other Party ceases its activity or becomes insolvent or enters into liquidation;
- the other party suspends, or threatens to suspend payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts;
- either party shall go into liquidation either compulsory or voluntary except for the purpose of bona fide reconstruction or amalgamation; or shall permit or suffer to be appointed a receiver, examiner or administrator over its assets or any part thereof;
Applicable Law – Jurisdiction
This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the Laws of Ireland.
Any dispute arising in connection with this Agreement which cannot be amicably settled within thirty (30) days since such dispute has been notified by one of the Parties to the other party, shall be submitted to the judicial courts located in the Republic of Ireland, which have the exclusive jurisdiction in this respect.
Each party shall be relieved of their respective obligations hereunder and will not be liable to the other or to any third party if the affected party is unable or fails to perform any of its obligations under this Agreement, as a result of any fire, explosion, war, riot, strike, walk-out, labour dispute, flood, shortage of water, power, labour, transportation facilities or necessary materials or supplies, default or failure of carriers, breakdown in or the loss of production or anticipated production from plant or equipment, act of God or public enemy, act of war or terrorism, any law, act or order of any court, board, government, state-sponsored actor or other authority, or any other cause (whether or not of the same character as the foregoing) beyond the affected party’s reasonable control, for so long as such cause prevents the affected party from so performing, provided however that the other party may terminate this Agreement if the affected party is unable to perform its obligations for a period of 30 days or more, upon written notice to the other during the time the affected party is prevented from so performing.