Terms of Service

• "Magnus Fleet", "we", "us", or "our" means the provider of the Magnus Fleet platform.
• "Service" means the hosted software platform, APIs, dashboards, and related services provided by Magnus Fleet for fleet monitoring, analytics, and management.
• "Tenant" means an organization that enters into an agreement with Magnus Fleet to use the Service, including its employees, contractors, and authorized users.
• "User" means any individual who accesses or uses the Service on behalf of a Tenant, including administrators, operators, and other authorized staff.
• "Driver" means an individual who operates a vehicle monitored through the Service and whose data (such as name, phone number, or telemetry-linked identity) may be processed.
• "Vehicle" means any asset equipped with a telematics device or otherwise tracked through the Service.
• "Data" means all information processed through the Service, including telematics data, vehicle usage data, driver data, tenant data, configuration data, and logs.

Subject to these Terms and any applicable subscription agreement, we grant the Tenant a limited, non-exclusive, non-transferable right to access and use the Service for internal business purposes related to fleet monitoring, analytics, and operations management.

The Service is provided as a multi-tenant, cloud-based SaaS platform. Tenants may have separate environments, data partitions, and configuration options, but all use the underlying shared infrastructure and software.

• Tenants are responsible for creating and managing user accounts, roles, and permissions within their environment. User access is controlled by the Tenant's administrators through the Service's role and permission mechanisms.
• Users must provide accurate and complete registration information and keep their login credentials confidential. Users are responsible for all activities that occur under their accounts.
• The Tenant is responsible for ensuring that only authorized individuals are granted access to the Service and for promptly revoking access for users who should no longer have it.

Tenants and Users agree not to misuse the Service. In particular, they must not:

• Use the Service in violation of any applicable law or regulation, including road safety, labor, and data protection laws.
• Use telematics or driver data for unlawful surveillance, discrimination, or any purpose not authorized by applicable law or by the Driver's informed consent where required.
• Interfere with or disrupt the integrity or performance of the Service or related systems.
• Attempt to gain unauthorized access to the Service or any related systems or networks.
• Reverse engineer, decompile, or otherwise attempt to derive source code from the Service, except to the extent explicitly permitted by law.
• Introduce malicious code, attempt to circumvent security measures, or probe for vulnerabilities without authorization.

• As between Magnus Fleet and the Tenant, the Tenant owns the data that it or its users submit to or generate within the Service, including telematics, vehicle usage, and driver data, subject to any applicable third-party rights.
• Magnus Fleet acts as a service provider / processor with respect to personal data processed on behalf of the Tenant. We process such data only to provide the Service, to maintain security and reliability, to comply with law, and as otherwise permitted in our agreements and Privacy Policy.
• Tenants are responsible for ensuring they have a valid legal basis (such as consent, contract, or legitimate interest) for collecting, transmitting, and processing any driver or user data through the Service. This includes obtaining necessary consents from drivers and notifying them about how their data will be used.
• Magnus Fleet may generate aggregate or anonymized statistics derived from the use of the Service (for example, aggregated metrics on fleet usage or platform performance). Such aggregated or anonymized data does not identify individual Tenants, vehicles, or drivers and may be used for analytics, product improvement, or benchmarking.

Access to the Service is typically provided under a subscription model, as described in the applicable order form, proposal, or commercial agreement between Magnus Fleet and the Tenant.

• Subscription terms, pricing, and included modules or plans are agreed separately and may be reflected in configuration within the Service.
• Unless otherwise specified, subscriptions renew automatically for successive terms unless cancelled in accordance with the applicable agreement.
• Fees are non-refundable except as explicitly provided in the applicable agreement or required by law.

Magnus Fleet provides a telematics and analytics platform that enables Tenants to monitor vehicles, analyze usage, and configure alerts. The Service is not a real-time control system and does not operate or control vehicles.

• The Service may experience planned or unplanned downtime, maintenance windows, or interruptions. We aim to provide a reliable service but do not guarantee 100% availability unless explicitly agreed in a separate Service Level Agreement (SLA).
• Telemetry and location data may be subject to delays, inaccuracies, gaps, or transmission errors due to network conditions, device issues, or other technical factors outside our control. Tenants must not rely on the Service as the sole basis for any safety-critical decisions.
• The Service may evolve over time. We may add, modify, or remove features, provided that such changes do not materially degrade the core functionality agreed with the Tenant, except as permitted by the applicable agreement.

To the maximum extent permitted by applicable law:

• Magnus Fleet is not responsible for any accident, incident, damage, or loss arising from the operation of vehicles, driving behavior, or decisions taken by the Tenant or its personnel based on data or analytics from the Service.
• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, except as expressly set out in a written agreement. We do not warrant that the Service will be error-free, uninterrupted, or that telemetry data will always be accurate, complete, or timely.
• Magnus Fleet's total aggregate liability arising out of or related to the Service (whether in contract, tort, or otherwise) will be limited to the amount actually paid by the Tenant for the Service during the twelve (12) months preceding the event giving rise to the claim, unless a different cap is specified in the applicable agreement or required by law.
• In no event will Magnus Fleet be liable for any indirect, incidental, consequential, special, or punitive damages (including loss of profits, loss of data, or business interruption), even if advised of the possibility of such damages.

The Tenant agrees to indemnify, defend, and hold harmless Magnus Fleet and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• The Tenant's or Users' use of the Service in violation of these Terms or applicable law.
• The Tenant's failure to obtain necessary consents or provide required notices to drivers or other data subjects.
• The Tenant's misuse of telemetry, location, or driver data (for example, unlawful surveillance or discrimination).
• Any third-party claim relating to the Tenant's vehicles, operations, or contracts, except to the extent caused by Magnus Fleet's breach of these Terms or applicable law.

• These Terms apply for as long as the Tenant has an active subscription or otherwise accesses the Service, subject to any specific contract terms between Magnus Fleet and the Tenant.
• Either party may terminate access to the Service in accordance with the termination provisions in the applicable agreement (for example, for material breach, insolvency, or non-payment).
• Upon termination, Tenant access to the Service may be disabled. Data export or retrieval rights, if any, will be governed by the applicable agreement and by applicable data protection laws.

Unless otherwise specified in a separate written agreement, these Terms and any dispute arising out of or related to the Service will be governed by and construed in accordance with the laws of the jurisdiction where Magnus Fleet is established, without regard to its conflict of laws principles.

Any disputes will be subject to the exclusive jurisdiction of the competent courts in that jurisdiction, unless mandatory law provides otherwise. Nothing in this clause limits either party's right to seek injunctive or other equitable relief in any court of competent jurisdiction.

If you have questions about these Terms or the Service, please contact:

Magnus Fleet
Email: [email protected]
Website: Home