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. Pricing is determined by the modules activated, fleet size, AI and premium features, and any hardware deployments. Subscription fees are billed on a monthly or annual basis as selected during registration.
- All fees are exclusive of applicable taxes unless otherwise stated.
- 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 6Intellectual 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 7Data 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 8User 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 9IoT 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 10Service Availability
HiVAM endeavours to maintain 99.9% uptime for the Services. 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.
HiVAM will make reasonable efforts to provide advance notice of planned maintenance windows.
Section 11Limitation 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 12Indemnification
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 13Termination
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 14Governing 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 15Modifications 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 16Miscellaneous
- 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 17Contact Information
If you have any questions about these Terms, please contact us at admin@hivam.in.
HiVAM Technologies Private Limited
CIN: U62099KA2026PTC222227
India