END USER LICENSE AGREEMENT
This end user license agreement (“EULA” or “Agreement”) is between you, the business entity identified at the end of this Agreement (the “Business”), and SpeedGauge Inc., 1385 Mission Street – Suite 300, San Francisco, CA 94103 (“SpeedGauge”). By entering into this Agreement, you represent that you have the authority to bind the named Business, and that the Business intends to be bound by this Agreement.
Your use of the SpeedGauge Safety Center and the SpeedGauge Risk Management Portal (“SpeedGauge Portals”) is governed by this Agreement. By selecting, “I Agree,” by using the SpeedGauge Portals, by accepting and uploading information, or by logging in to the SpeedGauge Portals you agree to be bound by the terms of this Agreement.
Who we are and what we do:
The SpeedGauge Safety Center is a driver safety program aimed at improving company safety culture on the road and reducing driving risk; s the SpeedGauge Risk Management Portal is a service for business owners and their risk management partners to make sure both have an accurate view of fleet vehicle risk. This Agreement governs your use of the SpeedGauge Portals. Under this Agreement, you consent to sharing telematics data, driver data and other vehicle information with SpeedGauge, in order to receive an assessment of your fleet’s exposure to risk and to improve current scoring algorithms with anonymized data1.
- By using the SpeedGauge software, you will be better able to understand risk associated with the choices your driver’s make and how to reduce risk through the SpeedGauge Safety Score.
- You will be able to control sharing of Vehicle Data (defined below) with SpeedGauge..
- You will be able to control sharing of Vehicle Data with the named third parties.
Sharing Vehicle Data with SpeedGauge:
You consent and authorize SpeedGauge to access data from your telematics service provider (TSP) and use your Vehicle Data (defined below) to create driver and vehicle risk scores such as the SpeedGauge Safety Score, alerts, risk reports and to provide such scores and reports to you directly and/or your designated third party. You consent to SpeedGauge using Vehicle Data on an aggregated and/or anonymous basis, including location data and your scores, for analytical and research purposes, and to improve SpeedGauge services.
Vehicle Data: Location Data and Driving History
You control the data you share with SpeedGauge. For each participating business or fleet, the data (the “Vehicle Data”) may include:
- VIN (vehicle identification number), driver names and identifiers made available by your TSP.
- Data collected from your vehicle by your TSP including any driving data, such as speed, events, or other data indicating how the vehicle is driven or maintained; location data, such as vehicle location, speed, routes traveled, etc. or any other data as your TSP provides to you, including driver names, as entered by you or retrieved from your TSP.
- Third party data, including traffic flow, patterns, weather, incidents, risk zones, road congestion and other environmental road data based on your location data, and summaries or computed results of such collected, or third party, data.
- SpeedGauge Safety score an assessment of Driver Behavior and FAIR Score, an assessment of risk exposure based on vehicles, route and environment.
- The patented FAIR Score® to help each business benchmark their driven risk exposure.
You acknowledge and agree that you are responsible for:
- Complying with any privacy laws in your jurisdiction, including any legal requirements to provide your employees, or others authorized to use your vehicles, with notice and that you are able to access and review Vehicle Data of any vehicle they are driving;
- Obtaining all required consents from your employees, related parties and contractors who are driving vehicles owned or operated by you to provide SpeedGauge with Vehicle Data; and
- Protecting and securing all usernames and passwords from unauthorized use.
Upon request, you shall provide SpeedGauge any documentary proof required to demonstrate your adherence to these notice requirements and any applicable privacy laws. You understand that SpeedGauge, your TSP, and any Insurer, shall not be responsible to you or any vehicle operator, employee or other third party for your providing SpeedGauge with access to, or use of Vehicle Data. You will indemnify and hold SpeedGauge, TSP and any party with whom you permit us to share data harmless from and against all claims, losses, costs, damages, and liabilities arising out of, or in any way connected to SpeedGauge’s access and use of Vehicle Data.
Protecting information Gathered and Limitations of Licensed Usage
Your Vehicle Data is confidential information, and SpeedGauge maintains safeguards to protect your Vehicle Data, described in our Security Policy, which is incorporated into this Agreement. SpeedGauge retains the information collected for as long as required or permitted by law or regulation.
You have a non-exclusive license to use the SpeedGauge software and reports. Your use of the SpeedGauge Safety Center services, software and reports is solely to aid you in better understanding your fleet driven risk exposure and driver driving behavior, and not for any other purpose. You acknowledge the service is advisory in nature and not intended to replace traditional safety practices or driver training programs.
You have a non-exclusive license to use the SpeedGauge Software.
Except to the extent you permit in this Agreement as it relates to aggregate data, without your explicit consent or except to the extent required by applicable law, we will not disclose Vehicle Data to any third party, or (iii) use the Vehicle for any purpose other than providing the SpeedGauge Safety Center functionality to you.
Anonymized and Aggregated Data. Aggregated and anonymized data (“Anonymized Data”) means data that (i) has been aggregated with other data, and (ii) does not contain information that identifies Client (“Personally Identifiable Information” or “PII”). For clarity, aggregated and anonymized data is not your Confidential Information. You expressly grant us the right to generate Anonymized Data and that Anonymized Data is our technology, which SpeedGauge may use for any business purpose during or after the term of this Agreement. SpeedGauge will only disclose Anonymized Data externally in a de-identified (anonymous) form that does not identify you or your drivers, and that is stripped of all persistent identifiers (such as device identifiers, IP addresses, and cookie IDs).
WARRANTIES AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT THE SOFTWARE/SERVICES OF THE SPEEDGAUGE PORTALS MAY NOT BE FREE FROM DEFECTS AND MAY NOT SATISFY ALL OF YOUR NEEDS. THE SOFTWARE, THE SPEEDGAUGE SAFETY SCORE, THE FAIR SCORE, AND SPEEDGAUGE PORTAL SERVICES ARE LICENSED “AS IS” AND SPEEDGAUGE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, SPEEDGAUGE DOES NOT WARRANT RESULTS OF USE OF THE SPEEDGAUGE SAFETY SCORE, THE FAIR SCORE, OR THAT THE SOFTWARE IS ERROR-FREE OR THAT ITS USE WILL BE UNINTERRUPTED. THE FOREGOING DISCLAIMERS ALSO APPLY WITH RESPECT TO YOUR TSP, AND AUTHORIZED SPEEDGAUGE RESELLERS AND DISTRIBUTORS.
In no event will SpeedGauge (including, without limitation, its owners, officers, directors, employees, contractors, and agents) be liable for direct, indirect, incidental or consequential damage or damages resulting from loss of use, or loss of anticipated profits resulting from any alleged defect in the Software, SpeedGauge Safety Score, FAIR Score or Services contemplated hereunder, even if SpeedGauge has been advised of the possibility of such damage, and in no event shall the aggregate liability of SpeedGauge (including, without limitation, its owners, officers, directors, employees, contractors, and agents), or your TSP, to you, arising out of or related to this Agreement shall not exceed one hundred ($100.00) dollars.
This Agreement is governed under the laws of the State of California, and inures to the benefit of SpeedGauge, its successors or its assignees.
You agree to share or authorize your agent to share your contact information, including your name, business name, business classification code, address, telephone number, and number of vehicles/drivers to SpeedGauge. You agree to update and maintain your contact information within the SpeedGauge Portals.
This consent is effective as of the date of the first login and remains in effect until explicitly revoked in writing by you. If you have any questions, please contact The SpeedGauge Safety Center at firstname.lastname@example.org. If at any time you wish to stop sharing email email@example.com or by calling us at 415.483.1470.
SpeedGauge, SpeedGauge Safety Score, FAIR Score are trademarks of SpeedGauge. a Delaware Corporation, 1385 Mission Street – Suite 300, San Francisco, CA 94103. All rights reserved.
1 Anonymized Data is aggregated data, which SpeedGauge may use for any business purpose during or after the term of this Agreement. SpeedGauge will only disclose Anonymized Data externally in a de-identified (anonymous) form that does not identify you, your drivers, and that is stripped of all persistent identifiers (such as device identifiers, IP addresses, and cookie IDs).