Terms of Use

1. What these terms cover

These terms apply to:

• The public website: the information we publish about our products, our articles, and the forms you can use to contact us or request a quote.
• The platform, for individual users: anyone who signs in to gps.periva.io or its driver portal, including fleet administrators, dispatchers, managers and drivers.

They do not set out the terms on which we supply fleet management services to businesses. Nothing on the website is an offer capable of acceptance, and using the website does not create a contract for services.

2. If your organization is a Periva customer

Access to the platform is provided only under a written agreement between Periva and the organization you work for. That agreement governs the services, including service levels, fees, data protection, confidentiality, warranties, liability and termination.

Nothing in these terms varies that agreement. If anything in these terms conflicts with it, the signed agreement prevails. These terms apply to you individually, as a person using the website or the platform.

If you access our API, the API Terms of Use you signed before receiving credentials also apply.

3. Using the website

You may view, browse and print pages from the website for your own business or personal reference. You agree not to:

• Use the website for anything unlawful, or in a way that infringes anyone else’s rights.
• Scrape, harvest or systematically copy content from the website, or access it with automated tools beyond what our robots.txt permits.
• Attempt to gain unauthorized access to the website, any account, or any connected system, or probe or test its security without our written permission.
• Introduce malware, or interfere with the operation of the website or anyone else’s use of it.
• Reproduce, resell or commercially exploit any part of the website without our written permission.
• Misrepresent your identity or your affiliation with any person or organization.

4. Using the platform

If your organization has given you a platform account, you agree to:

• Use it only as your organization permits. Your access depends on your organization's agreement with Periva and its instructions to you. Your organization can change or end your access at any time.
• Keep your login to yourself. Do not share your password or other credentials with anyone, including colleagues. Each person needs their own account. Tell your organization and [email protected] promptly if you believe your login has been compromised.
• Use tracking data lawfully. The platform shows the location and driving behaviour of vehicles and the people who drive them. Use it only for your organization's legitimate business purposes and in line with the law, including privacy, employment and labour laws. Do not use it to track anyone for personal reasons, or to stalk, harass or monitor anyone unlawfully.
• Protect what you see. Treat location history, driver information, video and reports in the platform as confidential to your organization. Do not copy, export or share them except as your organization permits.
• Not misuse the platform. Do not attempt to access data or accounts you are not authorized to use, reverse engineer the platform or the tracking hardware, interfere with its operation, or use it to build a competing product.
• Not use the platform while driving. If you are a driver, do not interact with the platform or driver portal while the vehicle is moving. Pull over safely first.

We may suspend or end your access if we reasonably believe you have breached these terms or that your account is being used in a way that puts the platform, our customers or anyone else at risk. Where reasonable, we will tell your organization.

5. Alerts are not an emergency service

The platform's alerts, crash detection, panic and safety features, and reports are informational tools. They are not a safety system or an emergency service, are not monitored by Periva, and do not contact police, ambulance or other emergency services.

If a user designates an emergency contact, the platform can notify that person of certain events, but the notification may be delayed or fail. Only designate someone who has agreed to receive these notifications. Alerts depend on hardware, cellular coverage, GPS signal and settings, and may be delayed, inaccurate or not delivered. Do not rely on them as the only way to protect anyone's safety. In an emergency, call 911.

6. Intellectual property

The website, the platform and their content, including text, graphics, logos, images, layout, software, and the Periva name and marks, are owned by Periva Solutions Inc. or its licensors and are protected by intellectual property laws. Using them does not transfer any rights to you.

You may quote short extracts from our articles with attribution and a link to the original page. Any other use requires our written permission.

7. Information you send us

When you complete a form or email us, you confirm that the information you give is accurate and that you are entitled to provide it. Please do not send confidential, sensitive or personal information that we do not need in order to respond.

If you send us feedback, suggestions or ideas about our products, we may use them without restriction and without owing you any payment or acknowledgement. This does not affect your rights in your own confidential information or personal data.

By submitting a quote request or subscribing to our newsletter, you agree that we may contact you about your enquiry. Marketing emails always contain an unsubscribe link.

8. Accuracy of website content

We take care to keep the website accurate and current, but its content is provided for general information only. Product descriptions, specifications, compatibility statements, performance figures and pricing may change, and are not a warranty or commitment.

Nothing on the website is legal, regulatory, tax or compliance advice. Fleet operators remain responsible for meeting the obligations that apply to them, including those relating to employee privacy and vehicle monitoring. Take your own advice before relying on anything published here.

9. Links to other sites

The website links to sites we do not control. We provide those links for convenience and are not responsible for their content, products or privacy practices.

10. Availability

We do not guarantee that the website will be available without interruption or free of errors, and we may change, suspend or discontinue any part of it at any time. Service levels for the platform are governed by your organization's signed agreement, not by this section.

11. Disclaimer

To the extent permitted by law, the website, and the platform as it is made available to you individually, are provided “as is” and “as available”, without warranties of any kind. This section does not limit any warranty given to a customer in a signed agreement.

12. Limitation of liability

To the fullest extent permitted by law, Periva Solutions Inc. is not liable to you for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, data or goodwill, arising from your use of, or inability to use, the website or the platform.

Nothing in these terms limits liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by negligence. The liability of Periva to its customers is governed by the signed agreement and is not affected by this section.

13. Indemnity

To the extent permitted by law, you will reimburse Periva for any claims, losses and reasonable legal costs it incurs because you breached these terms or used the website or platform unlawfully. This section does not apply to anything you do on your organization's instructions and within its permitted use, which is a matter between Periva and your organization under the signed agreement.

14. Privacy

Our Privacy Policy explains what personal information we handle and why, our Cookie Policy covers cookies and similar technologies, and our subprocessors page lists the providers we rely on.

15. Changes to these terms

We may update these terms from time to time. The date at the top shows when they were last revised, and the version published here is the one that applies. If you continue to use the website or platform after a change, you accept the updated terms. Changes to these terms never change a customer's signed agreement.

16. Governing law

These terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there. You agree that the courts of British Columbia have exclusive jurisdiction over any dispute arising from them, without affecting any dispute resolution provision in a signed customer agreement.

17. General

• Entire agreement. These terms, together with the documents referred to in section 14, are the entire agreement between you and Periva about your individual use of the website and platform. They do not replace a signed customer agreement.
• Severability. If any part of these terms is found unenforceable, it will be applied to the minimum extent necessary to make it enforceable, and the rest remains in effect.
• No waiver. If we do not enforce a term right away, we have not given up the right to do so later.
• Assignment. You may not transfer your rights under these terms. We may transfer ours as part of a merger, acquisition or sale of assets.
• Events beyond our control. We are not responsible for any failure or delay caused by events beyond our reasonable control, such as natural disasters, internet or telecommunications failures, or government action.

18. Contact us

Terms for our consumer tracker and app are published separately on periva.app.