Version: 11 Apr 2019
1. About our Usage Terms
The latest version of the Usage and Support for the DrivianTasks product are always available at https://driviantasks.com/website/usage_and_support.html. We may modify this document at any time, and the latest version of both documents will be effective upon posting on such locations. All sections of the Terms of Service that, by their nature, should survive termination will survive termination.
2. Services provided
3. Usage of the Service
Through the Services we may deliver material such as software, text, graphics, images, audio, data and other, collectively referred to as the "Content". This Content may be royalty-free and used as such by us, as appropriately contained in the copyright information available in our mobile application and DrivianTasks.com web site. This Content may also be owned by us or provided through an arrangement we have with others. In this case, when this Content is protected by copyright, an unauthorized use of the Content may violate copyright, trademark, and other laws. As a user of the Services you have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Service. No other use of the Content is permitted without prior written consent from us or the owner of the Content.
Various names of companies, products, and services displayed on our Services may be trademarks or service marks owned by others, identified as the "Third-Party Trademarks" in the Terms of Service. Your use of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademarks displayed on our Services.
Our Services may also include access to links to, and content and data from, third-party websites, identified as "External Services" in the Terms of Service. These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Services. The content of such External Services is developed and provided by others. In addition, the Services may permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.
3.1. Acceptable usage
The Services provided are used by companies contracting with us, and may only be used for the purposes specifically approved by us. In particular, the following activities are expressly prohibited:
• Collecting usernames, email addresses, or any other information (including using techniques such as web scraping, web harvesting, or web data extraction) about the users of the Services for marketing purposes or other communications.
• Using the Services in any way that, according to our sole judgment, degrades the reliability, speed, or operation of the Services.
• Using the Services in any way that compromises your safety as a driver on the road, while operating a car or other type of motorized vehicle.
• Any other use of the Services which is unlawful or in violation of these Terms of Service.
By using the Services, you represent and warrant that you will not be using the Services in any way while driving or operating your car or other type of motorized vehicle. Please also note that it is strictly forbidden to interact with the DrivianTasks mobile application or with the DrivianTasks web site while driving your car. Any interaction with the Services may only be performed before and/or after road trips, or after the user has stopped the vehicle in an appropriate location permitted by law. Interactions with the Service may alternatively be performed by a user other than the driver, provided it does not interfere with the due course of driving and does not distract the driver's attention to the road. Please note that your use of the Services is subject, in our sole discretion, to termination at any time.
3.2. User Content
You shall be solely responsible for User Content you submit and, in connection with any User Content you submit, you affirm, represent, and/or warrant that:
• By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our provision of the Services and our (and our successors') business.
Please note that we may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law. The definition of User Content as per this Terms of Service include geographical information on routes, driving events, photos and other material you associate with tasks and other business-related information. Also regarding the User Content, you further agree that you will not:
• Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein.
• Publish falsehoods or misrepresentations that could damage us or any third party;
• Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
• Post advertisements or solicitations of business; or
• Impersonate another person.
3.4. Disclaimer of Warranty and Limitation of Liability
WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, SHALL NOT BE SUBJECT TO LIABILITY FOR ACCIDENTS USING THE SERVICES WHILE OPERATING A MOTORIZED VEHICLE. IN NO EVENT SHALL WE BE LIABLE FOR ANY MATERIAL OR HUMAN LOSSES RESULTING FROM ACCIDENTS USING THE DRIVIANTASKS MOBILE APPLICATION OR THE DRIVIANTASKS.COM WEB SITE WHILE OPERATING A CAR OR ANY OTHER KIND OF MOTORIZED VEHICLE OR EQUIPMENT.
WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.
NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.
WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ERROR FREE OR THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The construance of these terms and conditions of use, as well as the resolution of any dispute arising under this site shall be governed exclusively by Portuguese law and shall be submitted to the exclusive jurisdiction of the Courts in Lisbon, Portugal. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. Failure by us to act on or enforce any provision of the Terms of Service shall not be construed as a waiver of that provision or any other provision in these Terms of Service. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Except as expressly agreed by us and you, these Terms of Service constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Service will inure to the benefit of our successors, assigns, licensees, and sublicensees.
3.6. Service Termination
This Agreement may be terminated at any time if you cancel your subscription of the Services. Please note that in this situation there are no refunds for any fees paid. We may terminate this Agreement, disable your account, and/or put your account on inactive status, in each case at any time with reasonable cause or violation to these terms of service agreement, and with or without notice. We shall have no liability to you or any third party because of such termination or action.
3.7. Property Rights
All property rights to the solution that supports the Services, including on any documentation and, without limitation, Intellectual Property Rights, remain entirely held by us, the supplier of the service, throughout the duration of your subscription of the DrivianTasks services. Furthermore, you also agree that you may not reproduce, totally or partially, the solution and/or carry out further developments or derivatives thereof.
3.8. Personal Data
In connection with the usage of Personal Data while using the Services, you affirm, represent, and/or warrant that:
• We have implemented the technical measures necessary for the storage and protection of personal data entered by you in the context of service, against its disclosure or unauthorized access.
• The Services have the features required to ensure the security of personal data of third parties, in particular with regard to maintaining the confidentiality, integrity and non-violability.
• Using the mobile application, the user of the Services (the employee performing tasks) may opt for not sharing its current location nor recording its routes.
• We may allow access to Personal Data by our employees, to the extent that this is necessary for the resolution of technical problems. Please note that these individuals are bound by confidentiality obligations and may be subject to discipline if they fail to meet those obligations.
4. Support and Maintenance
Sentilant shall use all reasonable commercial efforts, being no less than accepted industrial standards in this regard, to ensure that the DrivianTasks cloud and mobile-based service is correctly available, as stated in this document.
4.1. Terms and Definitions
• Hours of Operation: The Services are available 24 hours a day, 7 days a week.
• Availability (%): the percentage resulting from the following calculation: 1- (Down Time/(Total Time – Scheduled Down Time)), Measured monthly.
• Down Time (min): The number of minutes the Service is not Operational during a calendar month. Does not include Scheduled Down Time.
• Emergency Maintenance: Maintenance required outside of the Scheduled Down Time. In order to guarantee the security and stability of the service, Sentilant can stop the service in emergency situations, namely to perform required updates. Downtime due to such exceptional circumstances is not considered for calculation of the availability of our services.
• Scheduled Down Time: Down Time which has been communicated to Customers and End-Users in advance.
• Customers: an entity or individual that acquires the Services for internal use by End-Users. Customers do not include any entity that distributes, resells, sells, licenses, rents or leases the Services to other parties in the regular course of business.
• End-Users: internal users of the Services provided to a Customer, either users of the Web Portal or of the mobile App.
• Incident: Any problem with the Service for which the service level is reduced and Customers request support.\
• The Service: The cloud-based web management portal and the mobile app (iOS and Android). Also defined below in section “Services Provided”.
• Trouble Report: An Incident report written by Customers and entered into the Issue Tracker.
• Issue Tracker: A Web based trouble report tool.
• Hosting providers: Sentilant uses Amazon and other cloud hosting providers to host the Services.
Sentilant is responsible for providing and hosting a technical platform for The Service. In particular, Sentilant shall:
• Continuously monitor the states of the Service through automated tools.
• Provide support to End-Users.
• Request assistance from 3rd party vendors if required, particularly Hosting Providers.
• Receive and provide solutions for trouble reports submitted by Customers, or from our partners that may be distributing, reselling, selling, licensing, renting or leasing the Services to other parties in the regular course of business.
When applicable, our partners may:
• Provide Customer Care for final customers of The Service.
• Submit trouble reports on behalf and communicate resolution to Customers using The Service.
• Be active in trouble shooting of incidents and provide Sentilant with the available information and logs about reported incidents and how to reproduce failures.
Sentilant shall not be responsible for any incidents occurring on global Internet connection out of their networks during data transmission that may affect the quality of the Service provided. Additionally, the following are expressly excluded from the level of service provided to our customers:
• Problems attributable to End-User’s devices (either mobile devices or computers used to access the Web Management Portal).
• Events caused by force majeure or for which any third party is responsible.
4.3. Service Level Agreement
The Services are provided considering the following Service Level Agreement (SLA):
Problems reported are classified according to its criticality:
• Critical problems: those that prevent the normal use of the Services by the client;
• Non-critical problems: other problems, which do not compromise the use of the Services by the client;
The resolution of critical problems is guaranteed 7 days a week, with non-critical issues being handled on business days (Monday through Friday, excluding holidays). Irrespective of the type of problem, resolution times for reported problems are:
• 4 hours maximum for problem analysis and initial customer feedback.
• 14 hours maximum for resolution of critical problems.
• 20 hours maximum for resolution of non-critical problems.
Upon reception of a request, a trouble ticket is created in the Issue Tracker and the customer receives an automatic confirmation that the request has been received. The request is subsequently treated appropriately, according to the Escalation Procedures and SLA previously described. The following is the Contact Information for customer support:
4.4. Support Hours
Incidents are handled 00:00-24:00, 7 days per week, 365 days per year. The guaranteed resolution times, according to the various subscription plans, are identified in Section 4.3 of this document.
4.5. Guaranteed availability
Sentilant guarantees a 99.7% of the Services Provided.
4.6. Schedule work and maintenance
4.6.1. Notification of schedule down time
In order to perform system updates (including the release of new features) Sentilant can stop the service for short periods of time. Sentilant shall use all reasonable effort to guarantee that such downtime does not impact on guaranteed availability.
Sentilant has the responsibility to notify Customers using the Service no less than 3 working days before a Scheduled Down Time event. Notification must be accompanied by the length of time during which the service will be unavailable. Email shall be sent immediately prior to and after the Scheduled Down Time is performed, or if scheduled Down Time is postponed or cancelled.
4.6.2. Emergency maintenance
Should the Service require Emergency Maintenance, resulting in degradation of the service, a notification is to be made to Customers using the Service. Email shall be sent also after the Emergency Maintenance has been performed, confirming the normal operation of the Service. Emergency Maintenance may also be related to recovery from disaster situations. Sentilant shall guarantee that the Service will be recovered in less than 8 hours.
Please feel free to direct any questions or concerns regarding this document, to email@example.com.