Terms of Service

These Terms of Service ("Terms") are entered into between you ("Consumer", "Customer", "you", or "your") and Devvize Services ("Company", "we", "our", or "us"), the provider of the FleetNexa Car Management Software ("Service"). By using or accessing the Service, you agree to comply with and be bound by these Terms.

1. Definitions

• Service: Refers to the FleetNexa software platform, including all features, functionalities, and user interfaces.
• User: Refers to any individual or entity that accesses or uses the Service.
• Account: Refers to the registered profile created by a User to access and use the Service.
• Subscription: Refers to the payment plan chosen by the User to access the Service.
• Content: Refers to any information, data, text, images, or other materials uploaded, stored, or processed through the Service.

2. Account Creation and Eligibility

• To use FleetNexa, you must create an account. You agree to provide accurate, complete, and up-to-date information during the registration process and to maintain the accuracy of this information.
• You must be at least 18 years old to use FleetNexa.
• You may not create multiple accounts or transfer your account to any other person or entity without our express written consent.

3. Services Provided

• Vehicle Management
• Booking Management
• Customer Management
• Analytics
• Partner Dashboard
• Specific features available in each subscription tier are detailed on our website and may be updated from time to time.

4. RentNexa Integration

• Storefront Connection: FleetNexa integrates with RentNexa rentnexa.com, a consumer-facing storefront where vehicles managed through FleetNexa may be displayed for rental bookings.
• Opt-Out Option: Users can disable the display of their vehicles on RentNexa at any time through the FleetNexa dashboard settings.
• Default Setting: Vehicles added to FleetNexa may be displayed on RentNexa only with the User's explicit opt-in consent during vehicle creation or listing setup.
• Consumer Data: When consumers book vehicles through RentNexa, their booking data will be accessible through your FleetNexa account. You agree to handle this consumer data in accordance with applicable privacy laws and regulations.
• RentNexa Terms: Consumers booking through RentNexa are subject to RentNexa's own Terms of Service and Privacy Policy, which may differ from these Terms. You acknowledge that consumer transactions completed through RentNexa create a direct contractual relationship between you and the consumer.
• Brand Representation: You authorize Devvize Services to display your rental business name, logo, and vehicle information on RentNexa for the purpose of facilitating rentals.
• No Commission Structure: RentNexa serves as a display platform for your vehicles. Devvize Services does not charge any commission on bookings generated through RentNexa. All booking revenue belongs to you, subject only to your subscription fees as outlined in these Terms.

5. Payment and Billing

• FleetNexa offers three subscription tiers with associated fees:
  • Starter: $45 XCD per month or $500 XCD per year
  • Professional: $75 XCD per month or $800 XCD per year
  • Enterprise: $100 XCD per month or $1000 XCD per year
• Billing Cycle: You can pay monthly or annually.
• Currency: All prices are quoted in Eastern Caribbean Dollars (XCD). You are responsible for any currency conversion fees if paid from a non-XCD account.
• 14-Day Free Trial: All users are entitled to a 14-day free trial. After the trial period, you will be billed according to the subscription tier chosen.
• Payment Failure: If payment is not received within one month, your account will be suspended, and you will be notified via email.
• Data Retention: If an account is suspended due to non-payment, your data will remain in the system for 90 days, during which you can request your data to be deleted or receive a copy.
• Refund Policy:
  • No refunds will be provided for partial month subscriptions. For annual subscriptions canceled before six months of service, a 50% refund of the remaining months may be issued at our discretion. No refunds will be issued for canceled annual subscriptions after six months of service.
  • A 50% refund of the remaining subscription period will be issued if cancellation is requested within 30 days of the most recent payment. Refunds outside this window may be granted at our discretion in cases of extended service interruption or platform unavailability.

6. User Responsibilities

• Account Security: You are responsible for maintaining the confidentiality of your account credentials. If you suspect unauthorized access to your account, please notify FleetNexa immediately.
• Acceptable Use: You agree not to use the Service for any unlawful, harmful, or fraudulent activities. Violations of the Terms of Service may result in account suspension or termination.
• Content Responsibility: You are solely responsible for all Content you upload, store, or process through the Service.

7. Intellectual Property Rights

• Company Ownership: The Service, including its design, features, content, and all intellectual property rights therein, is owned exclusively by Devvize Services. Nothing in these Terms grants you a right or license to use any trademark, design right, or copyright owned or controlled by the Company.
• User License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purposes in accordance with these Terms.
• Restrictions: You may not:
  • Copy, modify, or create derivative works based on the Service
  • Reverse engineer, decompile, or attempt to extract the source code of the Service
  • Remove any copyright or proprietary notices from the Service
  • Use the Service to build a similar or competitive product or service
• Feedback: Any feedback, suggestions, ideas, or recommendations you provide regarding the Service may be used by us without any obligation to compensate you.

8. Data Ownership and Processing

• User Data Ownership: You retain all rights to the Content you upload to the Service. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, store, transmit, and display your Content solely to the extent necessary to provide the Service to you.
• Anonymized Data: You agree that we may collect and use anonymized, aggregated data derived from your use of the Service for the purposes of improving our Service, conducting research, or generating analytics.
• Data Processing: We process your data in accordance with our Privacy Policy and in compliance with applicable Caribbean data protection regulations, including the Data Protection Acts of relevant Caribbean jurisdictions where applicable.
• Data Location: Your data may be processed and stored in data centers located in the Caribbean region or in other locations as necessary for the efficient provision of the Service.
• RentNexa Data Sharing: When the RentNexa integration is enabled, certain data including vehicle availability, pricing, images, and business information will be shared with and displayed on RentNexa. Consumer booking data generated through RentNexa will be available in your FleetNexa account.

9. Third-Party Services

• FleetNexa may integrate with third-party services (such as analytics tools, email services, cloud storage, etc.). By using the Service, you acknowledge that your data may be processed or shared with these third-party providers. We encourage you to review the privacy policies of these third parties for more information.
• We are not responsible for any third-party services that you access or use in connection with the Service.

10. Data Security and Privacy

• FleetNexa implements security measures, including encryption for data in transit, to protect user data.
• Personal Information: We collect personal information necessary to provide the Service. We do not store sensitive payment information.
• Usage Data: We collect usage data, such as how you interact with the Service, to improve the platform and enhance your experience.
• Data Retention: User data is retained as long as necessary for the provision of services. If you wish to delete your data, please contact us.
• Consumer Data Protection: You agree to handle all consumer data received through RentNexa bookings in accordance with applicable privacy laws and your published privacy policy. You are responsible for securing any personal information of consumers who book your vehicles through RentNexa.

11. Termination and Suspension

• Violation of Terms: FleetNexa reserves the right to suspend or terminate accounts that violate these Terms of Service.
• Non-Payment: Accounts that fail to pay after one month will be suspended, and users will be notified via email.
• Data Retention: Data from suspended accounts will be stored for 90 days, unless deleted sooner upon user request.
• Termination by User: You may terminate your account at any time by providing written notice to us via email. Upon termination, you will remain liable for any outstanding fees incurred before termination.
• Effect of Termination: Upon termination, your right to access and use the Service will immediately cease. Sections of these Terms that by their nature should survive termination will remain in full force and effect.
• Account Dormancy: Accounts that remain inactive for a period of twelve (12) consecutive months may be classified as dormant. We reserve the right to suspend or terminate dormant accounts after providing notice to the email address associated with the account.

12. Support

• Email and Tickets: Support is available via email and ticketing system.
• Priority Support: Users on the Professional plan will receive priority support.
• 24/7 Support: Users on the Enterprise plan will receive 24/7 support.
• Response Times: We aim to respond to support tickets within 24 hours for Starter plans, 12 hours for Professional plans, and 4 hours for Enterprise plans, during business hours.

13. Service Availability and SLA

• While FleetNexa strives to maintain a high level of service availability, we cannot guarantee that the Service will be uninterrupted or error-free. Service interruptions may occur due to maintenance, updates, or unforeseen technical issues. We will notify users of planned maintenance in advance when possible.
• Service Level Commitments:
  • Starter Plan: We aim for 99.5% monthly uptime.
  • Professional Plan: We aim for 99.7% monthly uptime.
  • Enterprise Plan: We aim for 99.9% monthly uptime.
• In the event of an unexpected service disruption, we will make reasonable efforts to resolve the issue within 24 hours. Additionally, if any service downtime occurs beyond our SLA commitments, provisions will be made to adjust the billing for the affected period, and the corresponding downtime will be reflected in the next billing cycle.
• FleetNexa is not liable for any losses resulting from service disruptions, except as expressly provided in these Terms.

14. Force Majeure

• Neither party shall be liable for any failure or delay in performance under these Terms resulting from causes beyond the reasonable control of such party, including but not limited to acts of God, natural disasters (including hurricanes, earthquakes, floods), war, terrorism, riots, embargoes, acts of civil or military authorities, fire, power outages, internet service provider failures or delays, or denial of service attacks. This provision is particularly relevant given the susceptibility of the Caribbean region to natural disasters.

15. Modifications to the Terms of Service

• FleetNexa reserves the right to modify or update these Terms of Service at any time. Any changes will be communicated to users via email or through notifications on the platform. Users are encouraged to review these Terms periodically. Continued use of the Service after modifications will constitute acceptance of the updated Terms.

16. Indemnification

• You agree to defend, indemnify, and hold harmless Devvize Services, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from: (i) your use of the Service; (ii) your violation of these Terms; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.

17. Export Controls

• You agree to comply with all applicable import, re-import, export, and re-export control laws and regulations, including the export and import laws and regulations of Caribbean nations, the United States, European Union, and other jurisdictions. This compliance includes ensuring that the Service and any direct product thereof is not: (i) exported or re-exported directly or indirectly in violation of these laws and regulations; or (ii) used for any purposes prohibited by these laws and regulations.
• Regional Jurisdiction: You acknowledge that RentNexa may display vehicles to consumers across different Caribbean jurisdictions. You are responsible for ensuring compliance with all applicable local laws and regulations regarding vehicle rentals in the jurisdictions where your vehicles are offered.

18. Assignment

• You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. Any attempt to assign without such consent will be null and void. We may assign these Terms as a whole or in part at any time without your consent.

19. Updates on Mobile Devices

• If you access the Service through it's mobile application, you agree that we may automatically update the application on your device when a new version is available.

20. Dispute Resolution

• Any disputes or claims arising out of or relating to these Terms of Service shall be resolved through binding arbitration in accordance with the rules of a recognized arbitration organization. The arbitration will take place in the jurisdiction where the Company is legally registered, or as otherwise agreed upon by both parties. If the dispute cannot be resolved through arbitration, it may be taken to the courts located in the jurisdiction where the Company is legally registered.

21. Limitation of Liability

• FleetNexa is not liable for any direct, indirect, incidental, or consequential damage that may arise from your use of the Service or from any interruption, suspension, or termination of access to the Service.
• Our total liability to you for any claim arising from or relating to these Terms or your use of the Service shall not exceed the amount paid by you for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.

22. Severability

• If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

23. Governing Law

• These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Dominica, without regard to its conflict of law provisions.
• For users operating in other Caribbean jurisdictions, you acknowledge that specific local laws regarding vehicle rentals, consumer protection, and data privacy may apply to your operations, and you agree to comply with all such applicable laws.

24. Entire Agreement

• These Terms constitute the entire agreement between you and Devvize Services regarding the Service and supersede all prior agreements and understandings, whether written or oral, regarding the Service.

25. Data Import, Export, and Backup

• Data Import:FleetNexa provides tools to import vehicles, customer, and booking data from common formats. We do not guarantee compatibility with all data formats
• Data Export:You may export your data from FleetNexa at any time in standard formats (CSV, JSON) through the export tools provided in the platform.
• Data Backup:We maintain regular backups of the system and your data. However, we recommend you periodically export your data as an additional precaution.
• Disaster Recovery:In the event of a natural disaster or other catastrophic event, we aim to restore service and data within 72 hours, subject to the severity of the event and availability of infrastructure.