Welcome to Fleetly! In this document, Fleetly refers to Fleetly Corporation, Fleetly Inc, and any other subsidiaries of Fleetly Corporation (collectively, “Fleetly”, “We”, “Ours”, “Ours”).

Subject to these Terms, We offer to provide fitness-related web and mobile applications to You, solely for Your own use, and not for the user of benefit of any third party. In addition to adding features, We may change, discontinue, or suspend any or all of the Content or Services at any time. We may also limit access to or require payment for certain features or otherwise restrict Your access to all or part of the Content or Services at any time, without prior notice or liability.

As a condition of use, You promise not to use the Services for any purpose that is prohibited by the Terms of Use. The Services are provided only for Your own personal, non-commercial use. You are responsible for all of Your activity in connection with the Services.

You are expected to use the Services responsibly and in accordance with the policies set forth in this TOS. If We become aware of violations or potential violations of the TOS, we will take whatever measures we deem necessary to stop or prevent those violations, including but not limited to a warning, suspension or termination of Your account. Our decisions in this regard are in Our sole discretion and are final. To report a violation of the TOS, send an e-mail to tos@fleetly.com.

We have a general expectation that You will not misbehave as a user of our Services, and if in our judgement You are misbehaving we reserve the right to take whatever remedial steps we deem appropriate, in our sole and absolute discretion. By way of example, and not as a limitation, by using the Services, You agree not to engage in any of the following activities with respect to Your use of Our Services:

• Taking any action that imposes or may impose (as determined by Fleetly in its sole discretion) an unreasonable or disproportionately large load on Fleetly’s (or its third party providers’) infrastructure
• Interfering or attempt to interfere with the proper working of the Services or any activities conducted on the Services
• Bypassing any measures We may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services)
• Using manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site (crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Fleetly is expressly prohibited)
• Infringing any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violating any law or contractual duty
• Making any statement You know is false, misleading, untruthful or inaccurate
• Acting in any manner that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as determined by Fleetly in its sole discretion
• Sending or otherwise facilitating unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming")
• Engaging in commercial activities and/or sales without Fleetly’s prior written consent
• Distributing software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Fleetly or any third party
• Impersonating any person or entity that is not You, including any employee or representative of Fleetly
• Deciphering, decompiling, reverse engineering or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction
• Modifying, translating, or otherwise creating derivative works of any part of the Services
• Doing anything else that is harmful, disrespectful, or otherwise detrimental to Fleetly or our users, partners, or other third parties

Please review our Privacy Policy, which governs the collection and use of personal information on the Services and to which You agree to be bound as a user of the Services. Any information that You provide to Fleetly is subject to our Privacy Policy. We may change our Privacy Policy from time to time and our changes are effective upon the posting of those changes at fleetly.com/privacy.

You may browse and view Content without registering, but as a condition to using certain aspects of the Services, You are required to register with Fleetly and provide Fleetly with accurate, truthful, and complete registration information (including, but not limited to Your name (“User Name”), e-mail address and a password You will use to access the Services) and to keep Your registration information accurate and up-to-date. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of Your Fleetly account.

Fleetly reserves the right to refuse registration of, or cancel an account in its sole discretion. You are solely responsible for activity that occurs on Your account and are responsible for maintaining the confidentiality and strength of Your Fleetly password. You agree to never use another user’s account without such other user’s express permission. You will immediately notify Fleetly in writing of any unauthorized use of Your account, or other account related security breach of which You are aware.

As part of providing You the Services, we may need to provide You with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and Your Fleetly account, which You may not be able to opt-out from receiving.

The Services are available only to individuals who are at least 13 years old. You represent and warrant that if You are an individual, You are of legal age and otherwise able to form a binding contract, and that all registration information You submit is accurate and truthful. Fleetly may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

You are responsible for Your use of the Services, for any Content You post to the Services, and for any consequences thereof. The Content You submit, post, or display may be able to be viewed by other users of the Services and through third party services and websites (go to Your account settings page to control who sees Your Content).

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated it. We may not monitor or control the Content posted via the Services and, and we cannot take responsibility for such Content, nor do we endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, You may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Any use or reliance on any Content obtained by You through the Services is at Your own risk.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services.

Fleetly grants You a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Fleetly, or from the copyright holder identified in such Content's copyright notice.

You retain Your rights to any Content You submit through the Services. By submitting Content through the Services, You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Fleetly to make such Content available to other companies, organizations or individuals who partner with Fleetly for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by Fleetly, or other companies, organizations or individuals who partner with Fleetly, may be made with no compensation paid to You with respect to the Content that You submit, post, transmit or otherwise make available through the Services.

We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for Your use of the Services, for any Content You provide, and for any consequences thereof, including the use of Your Content by other users and our third party partners. You understand that Your Content may be rebroadcast by our partners and if You do not have the right to submit Content for such use, it may subject You to liability. Fleetly will not be responsible or liable for any use of Your Content by Fleetly in accordance with these Terms. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any Content that You submit, and You agree to pay all royalties and other amounts owed to any person or entity due to Your submission of any Content to the Services.

Fleetly gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to You by Fleetly as part of the Services. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by Fleetly, in the manner permitted by these Terms.

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Fleetly and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States, Canada and foreign countries. Nothing in the Terms gives You a right to use the Fleetly name or any of the Fleetly trademarks, logos, domain names, and other distinctive brand features. Except as expressly authorized by Fleetly, You agree not to reproduce, exploit, modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, including its interfaces and designs, in whole or in part. Any feedback, comments, or suggestions You may provide regarding Fleetly, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to You.

Fleetly respects intellectual property rights and asks users of the Services to do the same. You agree that the Service contains Content specifically provided by Fleetly or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Other than as expressly set forth in this TOS, You may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You agree to abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

You agree not to sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If You believe that Your Content has been copied in a way that constitutes copyright infringement, You or a person authorized to act on Your behalf must provide us, via email to copyright@fleetly.com, with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iii) Your contact information, including Your address, telephone number, and an email address; (iv) a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Fleetly will also terminate a user’s account if the user is determined to be a repeat infringer.

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Fleetly of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.

Fleetly has no special relationship with or fiduciary duty to You; Your access to and use of the Services or any Content is at Your own risk. You understand and agree that the Services is provided to You on an “as is” and “as available” basis.

We will use reasonable efforts to ensure that the Services are available at all times. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. We will take reasonable steps to to minimize such disruptions within Our reasonable control. We make no warranty that the Services will meet Your requirements or be available on an uninterrupted, secure, or error-free basis.

Although We will make reasonable efforts to store and preserve the material residing on the Services, We are not responsible or liable in any way for the failure to store, preserve or access Your Content. You are strongly urged to take measures to preserve copies of any Content You post or upload on the Services.

Fleetly will not be responsible or liable for any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Services, or any Content. You also agree that Fleetly has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services.

Fleetly will not be liable for the privacy of email addresses, registration and identification information, communications, or any other Content stored on the Services or otherwise connected with Your use of the Services.

Without limiting the foregoing, Fleetly expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We further make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. No advice or information, whether oral or written, obtained from Fleetly or through the Services, will create any warranty not expressly made herein.

These Terms and our Privacy Policy are the entire and exclusive agreement between Fleetly and You regarding the Services (excluding any Services for which You have a separate agreement with Fleetly that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Fleetly and You regarding the Services.

We may revise these Terms from time to time, and the most current version will always be at fleetly.com/tos. If the revision, in our sole discretion, is material we will notify You via an @fleetly Twitter update or e-mail to the email associated with Your account. By continuing to access or use the Services after those revisions become effective, You agree to be bound by the revised Terms.