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Terms of Service

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Section 1Acceptance of Terms

By accessing or using the HiVAM platform, website (hivam.in), dashboard (app.hivam.in), mobile applications, IoT hardware, APIs, or any associated services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Services.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and HiVAM Technologies Private Limited (CIN: U62099KA2026PTC222227), a company incorporated under the laws of India ("HiVAM," "we," "us," or "our").

Section 2Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our Services. If you are using the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

Section 3Account Registration

To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must notify HiVAM immediately of any unauthorized use of your account or any other breach of security. HiVAM will not be liable for any loss or damage arising from your failure to comply with this section.

Section 4Services Description

HiVAM provides a modular logistics operating system that includes, but is not limited to, fleet management, GPS tracking, dispatch management, route optimization, warehouse management, transportation management, analytics, IoT hardware integration, AI-powered insights, and related services. The availability and features of specific modules depend on your subscription plan.

Section 5Subscription Plans and Billing

The Services are offered on a subscription basis. Subscription fees are billed on a monthly or annual basis as selected during registration.

What is charged for

  • Charges are per tracked truck. A truck becomes chargeable when a tracking device is linked to it in the platform, and ceases to be chargeable when that device is unlinked or retired. The rate is the per-truck rate of your plan and billing mode.
  • Truck records are unlimited and free. You may add any number of vehicles to your fleet register at no charge. A vehicle record with no tracking device linked to it is not chargeable.
  • Drivers are unlimited and free, on every plan. Driver accounts are never counted towards any chargeable quantity. Dashboard seats for office users are governed separately by your plan and do not include drivers.
  • Where more than one device is linked to the same vehicle, that vehicle is counted once.

Billing cycle

  • A billing cycle is twenty-eight (28) days — four weeks. Over a twelve (12) month period this results in thirteen (13) cycles. The rate charged in each cycle is the per-truck rate published for your plan; any per-day figure shown is that rate divided by the twenty-eight days it covers.
  • The Annual plan is prepaid and covers thirteen (13) cycles (364 days) from the start of the term.
  • All fees are exclusive of applicable taxes unless otherwise stated.

Adding a tracked truck during a cycle

  • Where a tracking device is linked to a vehicle part-way through a billing cycle, that vehicle is charged on a pro-rata basis for the remaining days of the cycle, calculated at the per-truck-per-day rate of your plan. The applicable amount is shown to you before the device is linked and is included in your next invoice.
  • Adding a tracked truck does not alter your billing date, your plan, or any invoice already issued.
  • You may add tracked trucks beyond any quantity contracted at signup. Additional tracked trucks are charged at the same per-truck rate. Access is not restricted for exceeding a contracted quantity.
  • Where a tracking device is unlinked, retired or removed, the vehicle ceases to be chargeable from the following billing cycle. Amounts already invoiced for periods during which the platform was available are not refunded.

Annual prepayment discount

  • A twenty percent (20%) discount on the per-truck rate is available on annual prepayment. On the Own HiVAM Hardware and Connect Your Own Device modes this applies from the commencement of the subscription. On the All-Inclusive mode it applies from the completion of twelve (12) months on the plan, or eighteen (18) months on the Starter plan.
  • Where a customer on the All-Inclusive mode changes to a higher plan, eligibility is recalculated from the date of that change on a twelve (12) month basis.

Recurring payment

  • Recurring collection may be arranged by UPI AutoPay mandate or another supported recurring payment instrument. Any such mandate authorises collection up to a maximum amount specified by you at the time of approval. Where the amount payable would exceed that maximum, collection will not be attempted under that mandate and a fresh authorisation will be requested.
  • You may revoke a mandate at any time through your payment provider. Revocation does not cancel your subscription or any amount already due.
  • Where an upgrade changes the recurring amount, a revised mandate may be required before the next collection.
  • HiVAM reserves the right to modify pricing with at least 30 days' prior written notice. Continued use of the Services after the effective date of a price change constitutes acceptance of the new pricing.
  • Failure to pay fees when due may result in suspension or termination of your access to the Services.

Section 6Hardware, Security Deposit and Device Life

This Section governs the FleetSense tracking hardware supplied with the Services, the refundable security deposit collected at installation, and the service-life figures published on our website. Where anything in this Section conflicts with a marketing or product page, this Section prevails.

Free trial and security deposit

  • The first month is provided free of charge, including the device, its installation and the software. The only amount payable at the outset is a refundable security deposit of 25% of the published hardware price per vehicle, collected at installation.
  • If you do not continue: the deposit is refunded once the devices are returned, subject to the condition assessment below.
  • If you continue on Own HiVAM Hardware: the deposit is set off against the hardware price and you pay only the balance. The devices become your property on payment of that balance.
  • If you continue on All-Inclusive: the deposit is held for as long as you continue to use HiVAM-supplied hardware, and is refundable on return of the devices, subject to the conditions below.

When the deposit is not refundable

  • Five years of continuous use: where devices have been deployed under the All-Inclusive plan for a continuous period of five (5) years or more, the security deposit is treated as consumed against the amortised cost of the hardware and is not refundable.
  • Condition on return: deposits are refunded following inspection. Devices returned with physical damage, evidence of tampering, damage caused during removal, water ingress, or missing components may attract a deduction of up to the full value of the deposit, assessed per device.
  • Devices not returned: where a device is lost, stolen, retained, or not returned within thirty (30) days of termination, the deposit for that device is forfeited in full.
  • Refunds are processed to the original payment method within thirty (30) days of a completed inspection.

Service life is a design target, not a warranty

References on our website to a ten-year service life, to a battery service at approximately year five, or to any similar figure, are engineering design targets and forward-looking statements only. They are not a warranty, guarantee, or condition of any kind, whether express or implied, and confer no contractual right or legal entitlement. Actual service life depends on vehicle conditions, power quality, temperature, network availability, physical handling, and other factors outside our control, and may be materially shorter.

Nothing in this Section excludes or limits any warranty or right that cannot lawfully be excluded under the Consumer Protection Act, 2019 or other applicable Indian law. Any manufacturer or statutory warranty that does apply is set out in your order documentation and is limited to its own terms and period.

Connectivity, updates and "unlimited" use

  • Unlimited use means we do not meter or charge per trip, per position report, per event, or per report generated. It remains subject to the Acceptable Use Policy and to fair-use limits applied to protect the platform from abnormal or automated load.
  • The embedded SIM and the connectivity it uses are provided for operation of the device only. The SIM remains our property, may not be removed or used in other equipment, and is not a general-purpose data connection. Coverage depends on the underlying mobile networks and is not guaranteed.
  • Firmware and configuration updates are delivered over the air at our discretion. We may modify, add to, or discontinue device features through such updates where necessary for security, compliance, or supportability.

AIS-140

Where we describe the device as built to, or engineered against, AIS-140, this refers to the design requirements the device has been developed to meet. Unless we have supplied you with a test certificate for your specific deployment, this is not a representation that any particular unit is certified, type-approved, or accepted by any authority for regulatory purposes. You remain responsible for confirming what your permit, route, or jurisdiction requires.

Prices, deposit percentages, and hardware figures stated on our website are exclusive of applicable taxes and may be changed prospectively in accordance with Section 5.

Section 7Intellectual Property

All intellectual property rights in the Services, including the software, platform design, algorithms, AI models, documentation, trademarks, and trade secrets, are and remain the exclusive property of HiVAM. Nothing in these Terms grants you any ownership interest in the Services.

You retain ownership of all data you submit to the Services ("User Data"). By using the Services, you grant HiVAM a non-exclusive, worldwide, royalty-free licence to use, process, store, and display your User Data solely for the purpose of providing, maintaining, and improving the Services.

Section 8Data Usage and AI Model Training

By using the Services, you acknowledge and agree that HiVAM may collect, aggregate, and analyse usage data, operational data, telemetry data, and anonymised User Data for the purpose of improving its products, services, algorithms, and AI models.

Such data will be anonymised and aggregated before being used for model training and product improvement. HiVAM will not sell your data to any third parties. For more information, please refer to our Privacy Policy.

Section 9User Obligations

You agree to:

  • Use the Services only for lawful purposes and in accordance with these Terms.
  • Not attempt to reverse-engineer, decompile, or disassemble any part of the Services.
  • Not use the Services to transmit any malicious code, spam, or unauthorized data.
  • Not interfere with or disrupt the integrity or performance of the Services.
  • Comply with all applicable laws and regulations, including data protection laws.
  • Not resell, sublicense, or redistribute access to the Services without written consent from HiVAM.

For detailed prohibited activities, please refer to our Acceptable Use Policy.

Section 10IoT Hardware

If you purchase or lease IoT hardware from HiVAM (including GPS trackers, OBD devices, sensors, dashcams, and related equipment), additional terms may apply. HiVAM provides hardware on an as-is basis and does not guarantee compatibility with all vehicle types or configurations without prior assessment.

Installation, tampering, or modification of hardware by unauthorized personnel may void any applicable warranty. Hardware remains the property of HiVAM if provided on a lease basis.

Section 11Service Availability

HiVAM operates the Services with redundancy and active monitoring, and works to keep the Services available on an ongoing basis. However, we do not guarantee uninterrupted, error-free, or secure access to the Services. Scheduled maintenance, force majeure events, or circumstances beyond our reasonable control may cause temporary interruptions. A published uptime service-level commitment will follow as usage scales and there is an operating track record to report against.

HiVAM will make reasonable efforts to provide advance notice of planned maintenance windows.

Section 12Limitation of Liability

To the maximum extent permitted by applicable law, HiVAM, its directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, arising from or related to your use of the Services, IoT hardware, or any products or services provided by HiVAM.

HiVAM's total aggregate liability for any claims arising out of or related to these Terms or the Services shall not exceed the total amount of fees paid by you to HiVAM during the twelve (12) months immediately preceding the event giving rise to the claim.

You acknowledge that the Services, including any software and hardware, are provided "as is" and "as available." HiVAM disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Section 13Indemnification

You agree to indemnify, defend, and hold harmless HiVAM, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any applicable law or third-party rights.

Section 14Termination

Either party may terminate these Terms at any time by providing written notice to the other party. HiVAM may suspend or terminate your access to the Services immediately, without prior notice, if you breach any provision of these Terms.

Upon termination, your right to use the Services ceases immediately. You may request export of your User Data within 30 days of termination, after which HiVAM may delete it in accordance with our data retention policies.

Section 15Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India.

Global Operations — Indian Jurisdiction: Notwithstanding the global nature of HiVAM's operations and the international reach of its Services, all legal disputes, claims, or matters arising out of or in connection with the Services — regardless of where the User is located, where the Services are accessed, where any incident occurred, or whether the matter concerns cross-border logistics, international fleet operations, or global enterprise clients — shall be exclusively governed by the laws of India and subject to the exclusive jurisdiction of the competent courts in Bengaluru, Karnataka, India. By using the Services, you irrevocably consent to this exclusive jurisdiction and waive any objection based on inconvenient forum or absence of jurisdiction.

Before initiating any legal proceedings, the parties agree to attempt resolution through good-faith negotiation for a period of at least 30 days.

Section 16Modifications to Terms

HiVAM reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after the effective date of any modification constitutes acceptance of the modified Terms.

Section 17Miscellaneous

  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
  • Entire Agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, and any other policies referenced herein, constitute the entire agreement between you and HiVAM.
  • Waiver: The failure of HiVAM to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Assignment: You may not assign your rights under these Terms without HiVAM's prior written consent. HiVAM may assign its rights without restriction.

Section 18Contact Information

If you have any questions about these Terms, please contact us at admin@hivam.in.

HiVAM Technologies Private Limited
CIN: U62099KA2026PTC222227
India