Terms of Service

These Terms of Service (“Terms”) form a binding agreement between Fleiko (“Fleiko,” “we,” “us”) and the business entity accessing or using the Fleiko platform (“you,” “your,” “Customer”). By creating an account or using the service, the person accepting these Terms represents that they have authority to bind their organization.

These Terms incorporate our Privacy Policy by reference.

Fleiko is a cloud-based fleet management platform that helps small businesses track vehicles, manage drivers, monitor maintenance schedules, organize compliance documents, coordinate repairs, and generate operational reports.

Fleiko is a software tool. We do not operate vehicles, employ drivers, make compliance decisions, or provide legal, regulatory, or compliance advice. You remain solely responsible for operating your fleet in compliance with all applicable laws, including FMCSA regulations, DOT requirements, state motor carrier rules, and any other applicable law. Fleiko's reports and data are for operational reference only — do not rely on them as the sole basis for regulatory filings, employment decisions, or safety-critical determinations.

Every Fleiko subscription includes remote fleet administration support performed by Fleiko staff on your behalf. The following defines what is included and excluded.

Included in your subscription:

• Maintenance schedule tracking and reminder management
• Compliance document organization, expiry monitoring, and alert notifications
• Driver and vehicle record maintenance based on information you provide
• Repair vendor coordination (communication and follow-up only — see below)
• Monthly fleet summary reports

Not included — Fleiko does not:

• Provide DOT, FMCSA, IFTA, or other regulatory compliance advice or filings
• Hire, manage, discipline, or terminate drivers or other personnel
• Pay vendor invoices or incur financial obligations on your behalf
• Attend vehicle inspections, DOT audits, or on-site appointments
• Operate as a licensed mechanic, insurance agent, or legal professional
• Provide emergency roadside assistance
• Perform any service not described above without a separate written agreement

Authorization to act: By subscribing, you authorize Fleiko staff to contact third-party repair vendors, service shops, and suppliers on your behalf for the purpose of repair coordination. Fleiko acts as your agent for coordination purposes only and does not assume any liability for vendor performance, pricing, or outcomes. You remain the contracting party with all vendors.

Out-of-scope requests: If you request work outside the scope above, Fleiko will notify you in writing before performing it. Out-of-scope work may be subject to additional fees and requires your written approval (email is sufficient) before it begins.

Your data accuracy responsibility: The quality of Fleiko's managed services depends entirely on the accuracy and timeliness of information you provide. Fleiko is not liable for missed alerts, incorrect records, or service gaps caused by information you did not provide or provided incorrectly.

You are responsible for all activity that occurs under your account. Keep your credentials secure and notify us promptly at legal@fleiko.com if you suspect unauthorized access. Each subscription covers one business entity; you control which of your employees have portal access.

Access to the platform is provided on a subscription basis, with pricing set out in your Order Form or as otherwise agreed in writing.

• Payment is due within 30 days of invoice.
• Overdue balances accrue interest at 1.5% per month.
• We may suspend access after 15 days' written notice if payment is not received.
• Subscriptions renew automatically unless you give written notice of cancellation at least 30 days before the renewal date.
• We will provide at least 30 days' advance notice before any price change takes effect at renewal.

Fees, refunds, and cancellation terms are governed by our Refund Policy, incorporated into these Terms by reference. In summary: subscription fees are non-refundable once a billing period begins, and human work already performed is non-refundable regardless of cancellation timing.

Fleiko's uptime commitments, support response times, and managed service delivery standards are set out in our Service Level Agreement (SLA), incorporated into these Terms by reference. Service credits are the sole remedy for SLA breaches — cash refunds are not issued for uptime or delivery failures.

You may use the platform only for your own internal fleet management operations. You must not:

• Reverse-engineer, decompile, or attempt to extract the platform's source code
• Resell, sublicense, or make the platform available to third parties outside your organization
• Upload malware, viruses, or any code intended to harm the platform or other users
• Circumvent access controls or security measures
• Upload falsified, fraudulent, or fabricated documents into the document management module
• Use the platform to manage vehicles or fleets you do not own or operate
• Use the platform to monitor any person who has not been informed of and consented to such monitoring, where required by applicable law
• Use fleet or driver data to harass, discriminate against, or retaliate against drivers in violation of applicable law (including 49 CFR Part 395.28)
• Use Fleiko's managed services to evade regulatory inspection or misrepresent fleet status to any third party
• Scrape or extract data in bulk through automated means

Fleiko does not verify the legal accuracy or regulatory sufficiency of documents uploaded by clients. You are responsible for ensuring that documents maintained through the platform satisfy any applicable regulatory requirement.

You own all data you input into the platform — vehicle records, driver information, uploaded documents, and operational data. You grant Fleiko a limited license to store and process that data solely to provide the service.

We may use aggregated, anonymized data derived from platform usage to improve our product. We will not re-identify, sell, or share your data with third parties for their own purposes.

Upon termination, you may export your data within 30 days. After that window, your data will be deleted in accordance with our Privacy Policy.

Clients who require a Data Processing Addendum (DPA) for GDPR or US state privacy law compliance may request one by emailing legal@fleiko.com. The DPA is incorporated into these Terms upon execution.

Each party agrees to keep the other's confidential information — including business data, pricing, and technical information — confidential and to use it only for the purposes of this agreement. Standard carve-outs apply: publicly available information, information independently developed, and disclosures required by law.

This obligation survives termination for 3 years, except for trade secrets which remain confidential indefinitely.

Fleiko owns all rights to the platform, software, documentation, and underlying technology. You own your data. If you provide feedback or feature suggestions, you grant Fleiko a perpetual, royalty-free license to use that input to improve the service, without any obligation or compensation.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” FLEIKO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FLEIKO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM ALL SECURITY VULNERABILITIES.

Fleiko provides data and tools for fleet operators. Fleiko does not control vehicle operations, driver behavior, or fleet safety. You are solely responsible for compliance with FMCSA regulations, DOT requirements, state motor carrier rules, IFTA, and all other applicable laws. Nothing in the platform constitutes legal, compliance, or regulatory advice.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FLEIKO'S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES PAID BY YOU TO FLEIKO IN THE 12 MONTHS PRECEDING THE CLAIM.

These limitations apply regardless of the form of action and will apply even if any limited remedy fails of its essential purpose. They do not apply to: (a) your payment obligations; (b) either party's indemnification obligations; (c) either party's breach of confidentiality; or (d) either party's gross negligence or willful misconduct.

By you: You will defend, indemnify, and hold Fleiko harmless from any claims, damages, and costs (including reasonable legal fees) arising from: (a) your use of the platform in violation of these Terms; (b) your violation of applicable law; (c) your management of driver or employee data, including any failure to obtain required consents; or (d) your fleet operations.

By Fleiko: Fleiko will defend, indemnify, and hold you harmless from any third-party claims that the platform itself infringes their intellectual property rights, provided you promptly notify us and cooperate with our defense.

Fleiko may suspend access immediately for: non-payment (after the notice period in Section 5), material breach of the acceptable use policy, or where continued service would create legal liability for Fleiko.

Either party may terminate these Terms with 30 days' written notice. Either party may terminate immediately for a material breach that remains uncured after a 30-day cure period.

Upon termination, your license to the platform ends, any outstanding fees become due, and the data export window described in Section 8 begins.

We will provide at least 30 days' written notice before making material changes to these Terms. Continued use of the platform after the effective date of changes constitutes acceptance. If you object to a material change, you may terminate your subscription before the change takes effect.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute that cannot be resolved informally will be submitted to binding arbitration under the AAA Commercial Arbitration Rules. Each party waives the right to participate in class action proceedings. Either party may seek injunctive relief in a court of competent jurisdiction for intellectual property or confidentiality breaches.

• Entire Agreement: These Terms, together with the Privacy Policy and any Order Form, constitute the entire agreement between the parties.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
• No Waiver: Failure to enforce a provision does not waive the right to enforce it later.
• Assignment: You may not assign these Terms without our written consent. Fleiko may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Notices: Notices may be sent by email to the account email on file. Notices to Fleiko should be sent to legal@fleiko.com.
• Force Majeure: Neither party is liable for delays or failures caused by circumstances beyond their reasonable control.
• Relationship: The parties are independent contractors. Nothing in these Terms creates a partnership, agency, or employment relationship.