Terms of Service

Last updated: {{ DATE }} · Version {{ 1.0 }}

1. Agreement

These Terms of Service ("Terms") form a contract between you, the customer organisation ("Customer", "you") and {{ Your registered company name, e.g. PeakPulse Ltd }} ("PeakPulse", "we", "us"). By creating an account, signing in, or otherwise using the PeakPulse fleet-management platform (the "Service"), you confirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy.

If you accept these Terms on behalf of an organisation, you warrant that you have the authority to bind that organisation. If you do not have such authority, do not use the Service.

2. The Service

PeakPulse is a multi-tenant SaaS platform for fleet management. Features available depend on your subscription plan and may include live vehicle tracking, journey history, geofencing, driver behaviour monitoring, document management, walkaround inspections, fuel tracking, predictive maintenance, reports, and integrations.

We may add, remove, or change features over time. Material reductions to features included in your paid plan will be communicated at least 30 days in advance.

3. Eligibility & account

• You must be a business or sole trader and at least 18 years old.
• You must provide accurate, current information at registration and keep it up-to-date.
• You are responsible for all activity under your account, including for any users you create within your tenant.
• You must keep authentication credentials confidential and enable multi-factor authentication.
• Notify us promptly at {{ security@yourcompany.com }} of any unauthorised access.

4. Plans, fees, and billing

• The Service is offered on a 30-day Trial, then via paid plans (Starter, Professional, Enterprise, Enterprise Plus). Pricing and features are shown on the Billing page.
• Fees are charged per vehicle, monthly or annually. Annual plans receive a 10% discount.
• Invoices are issued at the start of each billing cycle and on plan upgrades or vehicle additions. Payment is due within the term shown on the invoice (default 14 days).
• Late payment may incur statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 and may result in suspension after a written warning.
• All fees are exclusive of VAT, which is added at the prevailing rate where applicable.
• Vehicle counts can only be increased mid-cycle; downgrades are not available through self-service. Refunds are not provided for partial cycles.

5. Customer data & data protection

You retain all rights, title, and interest in any data you upload or generate via the Service ("Customer Data"). You grant us a limited, non-exclusive licence to host, process, transmit, and display Customer Data solely as needed to provide the Service.

Where we process personal data on your behalf, we act as your Data Processor and you are the Data Controller as those terms are defined in the UK GDPR. The Data Processing Agreement at {{ /legal/dpa or by request }} applies.

You are responsible for the lawful basis on which you collect and process driver location and behaviour data, including informing your drivers via your own privacy notice. UK guidance is available from the ICO at ico.org.uk.

6. Acceptable use

You must not, and must not allow any user to:

• Use the Service to track individuals without a lawful basis.
• Reverse-engineer, scrape, or otherwise abuse the Service or its APIs.
• Upload malicious code, attempt to compromise the platform, or interfere with other tenants.
• Resell, sub-licence, or white-label the Service except where the WhiteLabelling feature is purchased.
• Use the Service in breach of applicable law, including DVSA / driver-hours regulations.

We may suspend or terminate accounts that breach this section. We will give notice where reasonably possible, except where immediate action is needed to protect the platform or other customers.

7. Service availability

We aim for 99.9% monthly uptime measured at the API gateway. Planned maintenance is announced in advance where reasonably practicable. We do not warrant uninterrupted, error-free operation. Service Level Agreement credits, if any, are described in your enterprise contract — there is no SLA on the Trial or Starter plans.

8. Intellectual property

All rights in the Service, including software, design, trademarks, and documentation, remain with PeakPulse or its licensors. Nothing in these Terms transfers any IP rights to you except the limited licence to use the Service for the duration of your subscription.

9. Confidentiality

Each party will keep the other's confidential information confidential and use it only to perform this agreement. This obligation survives termination.

10. Limitation of liability

{{ THIS CLAUSE MUST BE REVIEWED BY YOUR LAWYER. The cap, exclusions, and jurisdiction directly affect your commercial exposure. }}

To the fullest extent permitted by law:

• Neither party excludes liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any liability that cannot be lawfully excluded.
• Subject to the above, neither party is liable for indirect, special, consequential, or punitive losses, loss of profit, loss of business, loss of goodwill, or loss of data.
• Our total aggregate liability arising out of or in connection with this agreement, in any 12-month period, is limited to the fees paid by you in the same period.

11. Indemnification

You will defend and indemnify PeakPulse against any third-party claim arising from (a) your use of the Service in breach of these Terms; (b) your Customer Data; or (c) your processing of personal data without a lawful basis.

12. Term & termination

• The agreement starts on the day you create an account and continues until terminated.
• Either party may terminate for convenience at the end of the current billing cycle by written notice.
• We may terminate immediately for material breach not cured within 14 days of written notice, or for non-payment.
• On termination we will retain your data for {{ 30 days }} in case of error and then delete or anonymise it. Export your data before termination if needed.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated to account administrators by email at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.

14. Governing law & jurisdiction

These Terms are governed by {{ the laws of England and Wales / Scotland / Northern Ireland — choose }}. The courts of {{ England and Wales }} have exclusive jurisdiction over any dispute, save that we may bring proceedings to enforce our IP rights or recover unpaid fees in any court of competent jurisdiction.

15. General

• Entire agreement. These Terms, together with any Order Form, the Privacy Policy, and the DPA, constitute the entire agreement.
• Assignment. You may not assign without our consent. We may assign on notice in connection with a corporate event.
• Force majeure. Neither party is liable for delay or failure caused by events outside its reasonable control.
• Severability. If any provision is unenforceable, the remainder continues in force.
• No waiver. Failure to enforce a right is not a waiver of that right.
• Notices. Notices to us must be sent to {{ legal@yourcompany.com }}.
• Third-party rights. No one other than the parties may enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.