Usage and support

(Last updated April 26, 2017)

1. About our Usage Terms

The latest version of the Usage and Support for the DrivianTasks product are always available at https://driviantasks.com/website/usage_and_support.html. The Privacy Policy for DrivianTasks is always available at https://driviantasks.com/website/privacy.html. We may modify such documents at any time, and the latest version of both documents will be effective upon posting on such locations. All sections of the Terms of Service that, by their nature, should survive termination will survive termination.

2. Services provided

The DrivianTasks.com web site and the DrivianTasks mobile application provide access to information generated by the user, as well as other content and information resources (a.k.a Services). The terms and conditions set forth below apply to your use of the Services. The Services are provided to you by Sentilant Inc, (identified as "us" or "we" or "our" or “Sentilant” in this document), in connection with our service providers, partners, sponsors, or other affiliates. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and the Privacy Policy. If you do not accept these Terms of Service and the Privacy Policy, you are not authorized to use the Services

3. Usage of the Service

Through the Services we may deliver material such as software, text, graphics, images, audio, data and other, collectively referred to as the "Content". This Content may be royalty-free and used as such by us, as appropriately contained in the copyright information available in our mobile application and DrivianTasks.com web site. This Content may also be owned by us or provided through an arrangement we have with others. In this case, when this Content is protected by copyright, an unauthorized use of the Content may violate copyright, trademark, and other laws. As a user of the Services you have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Service. No other use of the Content is permitted without prior written consent from us or the owner of the Content.

Various names of companies, products, and services displayed on our Services may be trademarks or service marks owned by others, identified as the "Third-Party Trademarks" in the Terms of Service. Your use of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademarks displayed on our Services.

Our Services may also include access to links to, and content and data from, third-party websites, identified as "External Services" in the Terms of Service. These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Services. The content of such External Services is developed and provided by others. In addition, the Services may permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.

3.1. Acceptable usage

The Services provided are used by companies contracting with us, and may only be used for the purposes specifically approved by us. In particular, the following activities are expressly prohibited:

By using the Services, you represent and warrant that you will not be using the Services in any way while driving or operating your car or other type of motorized vehicle. Please also note that it is strictly forbidden to interact with the DrivianTasks mobile application or with the DrivianTasks web site while driving your car. Any interaction with the Services may only be performed before and/or after road trips, or after the user has stopped the vehicle in an appropriate location permitted by law. Interactions with the Service may alternatively be performed by a user other than the driver, provided it does not interfere with the due course of driving and does not distract the driver's attention to the road. Please note that your use of the Services is subject, in our sole discretion, to termination at any time.

3.2. User Content

By using the Services you understand that we do not guarantee any confidentiality with respect to any submissions of User Content. You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that:

Please note that we may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law. The definition of User Content as per this Terms of Service include geographical information on routes, driving events, photos and other material you associate with tasks and other business-related information. Also regarding the User Content, you further agree that you will not:

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Service. We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time

3.3. Indemnity

You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter, which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

3.4. Disclaimer of Warranty and Limitation of Liability

WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, SHALL NOT BE SUBJECT TO LIABILITY FOR ACCIDENTS USING THE SERVICES WHILE OPERATING A MOTORIZED VEHICLE. IN NO EVENT SHALL WE BE LIABLE FOR ANY MATERIAL OR HUMAN LOSSES RESULTING FROM ACCIDENTS USING THE DRIVIANTASKS MOBILE APPLICATION OR THE DRIVIANTASKS.COM WEB SITE WHILE OPERATING A CAR OR ANY OTHER KIND OF MOTORIZED VEHICLE.

WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.

NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.

WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ERROR FREE OR THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.5. General

The construance of these terms and conditions of use, as well as the resolution of any dispute arising under this site shall be governed exclusively by Portuguese law and shall be submitted to the exclusive jurisdiction of the Courts in Coimbra, Portugal. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. Failure by us to act on or enforce any provision of the Terms of Service shall not be construed as a waiver of that provision or any other provision in these Terms of Service. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

Except as expressly agreed by us and you, these Terms of Service constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Service will inure to the benefit of our successors, assigns, licensees, and sublicensees.

3.6. Service Termination

This Agreement may be terminated at any time if you cancel your subscription of the Services. Please note that in this situation there are no refunds for any fees paid. We may terminate this Agreement, disable your account, and/or put your account on inactive status, in each case at any time with reasonable cause or violation to these terms of service agreement, and with or without notice. We shall have no liability to you or any third party because of such termination or action.

3.7. Property Rights

All property rights to the solution that supports the Services, including on any documentation and, without limitation, Intellectual Property Rights, remain entirely held by us, the supplier of the service, throughout the duration of your subscription of the DrivianTasks services. Furthermore, you also agree that you may not reproduce, totally or partially, the solution and/or carry out further developments or derivatives thereof.

3.8. Personal Data

In connection with the usage of Personal Data while using the Services, you affirm, represent, and/or warrant that:

4. Support and Maintenance

Sentilant shall use all reasonable commercial efforts, being no less than accepted industrial standards in this regard, to ensure that the DrivianTasks cloud and mobile-based service is correctly available, as stated in this document.

4.1. Terms and Definitions

4.2. Responsibilities

Sentilant is responsible for providing and hosting a technical platform for The Service. In particular, Sentilant shall:

When applicable, our partners may:

Sentilant shall not be responsible for any incidents occurring on global Internet connection out of their networks during data transmission that may affect the quality of the Service provided. Additionally, the following are expressly excluded from the level of service provided to our customers:

4.3. Incident Management Process

4.3.1. Severity

Severity Levels define how severe an Incident is from a customer perspective, as set by the customer. The following are the Severity Levels for the Services:

Severity Level

Definition

High

Customers are completely unable to use the Services (either the mobile App or the Web Management Portal).

Low

Employees are able to perform tasks but some components of the Services do not operate as expected.

4.3.2. Escalation Levels

Customer Care

A person or group at Sentilant is responsible for communicating with Customers and escalating claims if needed.

Level 1 Support

A person or group at Sentilant responsible at an early stage for the detection, registration and notification of the technical incidents.

Level 2 Support

Specialists responsible for the management of incidents and claims that are out of the scope of Level 1.

Head of Service

Person or group responsible for operation and maintenance of the Service. Responsible also for the introduction of new procedures and improvement of the Services.

4.3.3. Escalation Procedures

The following are the procedures regarding the escalation of Incidents:

  1. The Customers will report only to Customer Care. The language to use in all communications with Customer Care is English or Portuguese.
  2. The incident reporting will initially be at Level 1. If necessary, the incident will be escalated to the next supporting level defined above.
  3. Incidents of Medium or High severity shall be escalated to Level 2.

Please note: Incidents are not a means of requesting new features in the product.

4.3.4. Service Level Agreements

The following are the SLA resolution times, according to the subscription plans considered for The Services:

Subscription Plan

Support Level

Resolution times

Light

Base Support

16 hours (high)
24 hours (low)

Medium

Professional Support

8 hours (high)
16 hours (low)

Enterprise

Premium Support

8 hours (high)
16 hours (low)

Please note: support levels other than the defaults identified in the previous Table are available for subscription, upon contact.

4.3.5. Contacts

Upon reception of a request, a trouble ticket is created in the Issue Tracker and the customer receives an automatic confirmation that the request has been received. The request is subsequently treated appropriately, according to the Escalation Procedures and SLA previously described. The following is the Contact Information for customer support:

Contacts

Email/Link

Customer Support

support@driviantasks.com

4.4. Support Hours

Incidents are handled 00:00-24:00, 7 days per week, 365 days per year. The guaranteed resolution times, according to the various subscription plans, are identified in Section 4.3.4 of this document.

4.5. Guaranteed availability

Sentilant guarantees a 99.7% of the Services Provided.

4.6. Schedule work and maintenance

4.6.1. Notification of schedule down time

In order to perform system updates (including the release of new features) Sentilant can stop the service for short periods of time. Sentilant shall use all reasonable effort to guarantee that such downtime does not impact on guaranteed availability.

Sentilant has the responsibility to notify Customers using the Service no less than 3 working days before a Scheduled Down Time event. Notification must be accompanied by the length of time during which the service will be unavailable. Email shall be sent immediately prior to and after the Scheduled Down Time is performed, or if scheduled Down Time is postponed or cancelled.

4.6.2. Emergency maintenance

Should the Service require Emergency Maintenance, resulting in degradation of the service, a notification is to be made to Customers using the Service. Email shall be sent also after the Emergency Maintenance has been performed, confirming the normal operation of the Service. Emergency Maintenance may also be related to recovery from disaster situations. Sentilant shall guarantee that the Service will be recovered in less than 8 hours.

Contacting Us

Please feel free to direct any questions or concerns regarding this document, to info@driviantasks.com.