Terms and Conditions
Last Updated: 6/24/2024
1. Introduction
Welcome to Vidmatics, Inc ("Company", "we", "our", "us"). These Terms and Conditions ("Terms") govern your access to and use of our website, products, and services. By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access our services.
2. Definitions
"Services" refers to all products, software, and services offered by Vidmatics, Inc., including but not limited to fleet management solutions, GPS tracking devices, telematics software, and risk and compliance.
"User", "you", and "your" refer to the person or entity accessing or using our Services.
3. Use of Services
3.1. Eligibility: You must be at least 18 years old and capable of forming a binding contract to use our Services.
3.2. Account Registration: Some Services may require you to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities under your account.
3.3. Acceptable Use: You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not use our Services in any way that violates applicable local, state, national, or international law.
4. Intellectual Property Rights
4.1. Ownership: All content, features, and functionality of our Services, including but not limited to text, graphics, logos, and software, are owned by Vidmatics, Inc and are protected by United States and international copyright, trademark, and other intellectual property laws.
4.2. Limited License: We grant you a limited, non-exclusive, non-transferable license to use our Services for your internal business purposes, subject to these Terms.
5. Privacy and Data Protection
5.1. Privacy Policy: Our Privacy Policy, available at https://www.vidmatics.com/privacy-policy, describes how we collect, use, and share your personal information. By using our Services, you consent to our data practices as described in our Privacy Policy.
5.2. Data Security: We implement reasonable security measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
6. Payment Terms
6.1. Fees: Fees for our Services are set forth on our website or in your service agreement. All fees are non-refundable unless otherwise specified.
6.2. Billing: You agree to provide current, complete, and accurate billing information. You authorize us to charge your chosen payment method for all purchased Services.
7. Hardware and Equipment
7.1. Ownership: All Vidmatics, Inc hardware devices remain the property of Vidmatics, Inc unless explicitly stated otherwise in your service agreement.
7.2. Warranty: Vidmatics, Inc hardware is warranted to be free from defects in materials and workmanship under normal use for one year from the date of shipment. This warranty does not cover damage from misuse, abuse, or improper installation.
7.3. Returns: Defective hardware may be returned for replacement within the warranty period. Customers are responsible for shipping costs unless otherwise agreed upon.
8. Software and Updates
8.1. License: Vidmatics, Inc grants you a non-exclusive, non-transferable license to use our software in connection with our Services.
8.2. Updates: We may automatically update our software to improve performance, enhance functionality, or address security issues. You agree to receive and permit these updates.
8.3. Third-Party Integrations: Our software may integrate with third-party services. Use of such integrations is subject to their respective terms and conditions.
9. Data Collection and Use
9.1. Data Collection: Our Services collect various types of data, including but not limited to vehicle location, driver behavior, and diagnostic information.
9.2. Data Use: We use collected data to provide and improve our Services, as detailed in our Privacy Policy. You grant us the right to use anonymized and aggregated data for research and development purposes.
9.3. Data Retention: We retain data in accordance with our data retention policy and applicable laws. You may request deletion of your data subject to legal and operational requirements.
10. Compliance and Regulations
10.1. Industry Standards: Our Services are designed to assist with compliance with various transportation industry regulations. However, you are ultimately responsible for ensuring your operations comply with all applicable laws and regulations.
10.2. ELD Compliance: If you use our Electronic Logging Device (ELD) solution, you agree to use it in accordance with FMCSA regulations and to maintain all required supporting documents.
11. Enterprise Accounts
11.1. Multiple Users: Enterprise accounts may have multiple authorized users. The account owner is responsible for managing user access and ensuring all users comply with these Terms.
11.2. Custom Integrations: Any custom integrations or features developed for enterprise clients are subject to separate agreements and may have additional terms.
12. Customer Support and Training
12.1. Support: We provide customer support as outlined in your service agreement. Support may include phone, email, AI, and online resources.
12.2. Training: We offer training resources to help you maximize the use of our Services. Training may be self-serve or instructor-led, depending on your service tier.
13. Termination
13.1. Termination by User: You may terminate your account and discontinue use of our Services at any time by providing written notice.
13.2. Termination by Vidmatics, Inc: We reserve the right to suspend or terminate your access to our Services for any reason, including breach of these Terms, without notice.
14. Limitation of Liability
To the maximum extent permitted by law, Vidmatics, Inc shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
a. Your use or inability to use our Services
b. Any unauthorized access to or use of our servers and/or any personal information stored therein
c. Any interruption or cessation of transmission to or from our Services
d. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services
15. Disclaimer of Warranties
Our Services are provided on an "as is" and "as available" basis. Vidmatics, Inc makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
16. Indemnification
You agree to indemnify and hold Vidmatics, Inc and its affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another.
17. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting an announcement on our website or sending you an email. Your continued use of our Services after any modification indicates your acceptance of the updated Terms.
18. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts located in Murrieta, California.
19. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
20. Contact Information
If you have any questions about these Terms, please contact us at:
Vidmatics, Inc
Address: …
Email: info@vidmatics.com
Phone: 951-757-7657
By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.