Effective Date: November 10, 2024
Last Updated: November 10, 2024

1. Acceptance of Terms

By accessing or using the services provided by KINEXA INC (“Company,” “we,” “us,” or “our”), you (“User,” “you,” or “your”) agree to comply with and be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not use our services.

2. Definitions

• Services: Refers to the electronic logging device (ELD) and telematics solutions provided by the Company.
• User Account: A unique account created by you to access and use our Services.

3. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this eligibility requirement.

4. User Responsibilities

• You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• You are responsible for maintaining the confidentiality of your User Account and for all activities that occur under your account.
• You must notify us immediately of any unauthorized use of your account or any other breach of security.

5. License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for your personal or internal business purposes.

6. Payment and Fees

• Users may be required to pay fees to access or use certain features of our Services. All fees are non-refundable.
• You agree to provide accurate payment information and authorize us to charge your payment method for the fees.

7. Termination

We may suspend or terminate your access to our Services at any time, for any reason, without prior notice, including if we believe you have violated these Terms.

8. Intellectual Property

All content, trademarks, and other intellectual property rights related to the Services are owned by or licensed to the Company. You may not reproduce, distribute, or create derivative works from any part of our Services without our prior written consent.

9. Disclaimers

• Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, secure, or error-free.
• We do not guarantee the accuracy or completeness of any information provided through our Services.

10. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the Services.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services or your violation of these Terms.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of changes by posting the new Terms on our website. Your continued use of the Services after the changes take effect constitutes your acceptance of the new Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.