Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using Keyfleet's platform, applications, services, and features (collectively, the "Service"), you agree to comply with and be legally bound by these Terms of Service and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you are expressly prohibited from using the Service.

Effective Date: These Terms are effective as of the date of your first use of the Service and will remain in effect until terminated in accordance with these Terms.

2. Eligibility and Account Registration

2.1 Eligibility. You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. By using the Service, you confirm that you meet these requirements.

2.2 Account Security. You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any API keys. You are fully responsible for all activities that occur under your account, whether authorized by you or not. You agree to:

• Immediately notify us of any unauthorized access to your account;
• Use a strong, unique password and update it regularly;
• Log out of your account after each session;
• Not share your account credentials with any third party.

We reserve the right to disable any account that we reasonably believe has been compromised or is being used in violation of these Terms.

3. Acceptable Use Policy

3.1 Permitted Use. You agree to use the Service solely for legitimate business purposes in connection with managing rental operations, vehicle fleets, and related activities.

3.2 Prohibited Activities. You are expressly prohibited from:

• Using the Service for any unlawful, fraudulent, or deceptive purpose;
• Interfering with or disrupting the integrity or performance of the Service;
• Attempting to gain unauthorized access to the Service or its related systems;
• Transmitting any viruses, malware, or other harmful code;
• Scraping, crawling, or harvesting data from the Service without our prior written consent;
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity;
• Using the Service to store or transmit sensitive personal information without proper security measures;
• Violating any applicable local, state, national, or international law or regulation.

3.3 Data Privacy. You agree to comply with all applicable data protection laws, including the Data Privacy Act of 2012 (Republic Act No. 10173) and any other relevant privacy regulations. You are solely responsible for obtaining any necessary consents from your customers, employees, and other individuals whose data you process through the Service.

4. Subscription, Payment, and Billing

4.1 Subscription Plans. Our Service is offered on a subscription basis with various pricing tiers as set forth on our Pricing page. All fees are in Philippine Pesos (PHP) and exclude any applicable taxes.

4.2 Payment Processing. We use Paymongo as our payment gateway to process all subscription payments. By subscribing, you agree to be bound by Paymongo's Terms of Service and Privacy Policy. Your payment information is securely processed by Paymongo and is not stored on our servers.

4.3 Manual Renewal Policy. All subscriptions are manual renewal only. This means:

• Your subscription does not automatically renew at the end of the billing period;
• You will receive a notification before your subscription expires, reminding you to renew;
• To continue using the Service, you must manually initiate a new payment through your Keyfleet account;
• We do not store your payment information for automatic charges;
• You are solely responsible for renewing your subscription before it expires.

4.4 Billing Cycles and Pricing. You may choose from the following billing cycles: monthly, quarterly (3 months), semi-annually (6 months), or annually (12 months). Pricing for each cycle is clearly displayed on our Pricing page. We reserve the right to modify our subscription fees with at least thirty (30) days' prior notice.

4.5 Refund Policy. We offer a 14-day free trial for new users to evaluate our Service. After the trial period, all payments are non-refundable except as required by applicable law. If you believe we have incorrectly charged you, you must contact us within thirty (30) days of the charge for resolution.

4.6 Payment Default. If your subscription expires and you fail to renew, your access to the Service will be immediately suspended. You will have a grace period of seven (7) days to renew your subscription, after which your account may be terminated. Any data stored on our platform may be permanently deleted thirty (30) days after termination.

5. Subscription Cancellation and Termination

5.1 User-Initiated Cancellation. You may cancel your subscription at any time through your account settings. Since we do not use auto-renewal, simply not renewing your subscription will automatically cancel it at the end of the current billing period. You will not be charged further.

5.2 Termination for Cause. We reserve the right to suspend or terminate your account immediately and without prior notice if:

• You violate any provision of these Terms;
• Your use of the Service poses a security risk to us or other users;
• You fail to renew your subscription after the grace period;
• We receive a court order or other legal request requiring us to do so;
• Your account has been inactive for a period of twelve (12) consecutive months.

5.3 Data Retention Upon Termination. Upon termination, we will provide you with a reasonable period to export your data, not to exceed thirty (30) days. After this period, we may permanently delete your data in accordance with our data retention policies.

6. Your Data and Feedback

6.1 Your Data. You retain full ownership of all data, information, and content that you upload or submit to the Service ("Your Data"). By using the Service, you grant us a limited, non-exclusive, worldwide license to access, process, store, and display Your Data solely for the purpose of providing the Service to you. This license does not grant us any rights to use Your Data for any purpose other than providing the Service.

6.2 Feedback. If you provide us with any feedback, suggestions, or recommendations regarding the Service, you grant us a perpetual, royalty-free license to use such feedback for any purpose without attribution or compensation to you.

7. Data Protection and Privacy

7.1 Our Commitment. We are committed to protecting your privacy and the security of your data. Our data handling practices are described in our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Data Security. We implement commercially reasonable technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction. However, no security system is impenetrable, and we cannot guarantee the absolute security of your data.

7.3 Data Breach Notification. In the event of a data breach that is reasonably likely to result in harm to you, we will notify you without undue delay and take appropriate measures to mitigate the breach.

8. Third-Party Services

The Service may contain links to or integrate with third-party services, websites, or applications ("Third-Party Services"). This includes our payment gateway, Paymongo. We do not control or endorse any Third-Party Services and are not responsible for their content, privacy practices, or terms. Your use of Third-Party Services is at your own risk and subject to the terms and conditions of those services.

9. Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.

10. Entire Agreement

These Terms, together with our Privacy Policy and any other documents expressly referenced herein, constitute the entire agreement between you and Keyfleet regarding the Service and supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral.

11. Modifications to Terms

We reserve the right to modify or update these Terms at any time. We will notify you of material changes by:

• Posting a notice on the Service;
• Sending an email to the address associated with your account;
• Displaying a prominent notice within the Service interface.

Your continued use of the Service following the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must cease using the Service and cancel your subscription.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively in the courts of the Philippines. This does not affect any mandatory consumer protections that may apply in your jurisdiction.

13. Contact Information