The service
VIGILFleet is a software-as-a-service fleet management platform (the Service), provided by Synthax Codes SRL, a limited liability company organised under the laws of the Republic of Moldova and a registered resident of Moldova IT Park, with its registered office at Str. Chișinăului 48, Anenii Noi, MD-6501, Republic of Moldova, registration / VAT number 3001435 (the Provider). The Service is made available via the web application at app.vigilfleet.eu and companion mobile applications.
Specific functional scope, service levels, and support tiers are set out in the order form or master agreement executed between the Provider and the Customer.
Customer obligations
- The Customer shall use the Service only for lawful purposes and in compliance with applicable laws, including GDPR and employment law applicable to its drivers.
- The Customer is responsible for the security of its authentication credentials and for all activity conducted under its account.
- The Customer warrants that it has a lawful basis and, where applicable, the necessary consents to upload personal data of drivers, employees, and commercial counterparties.
- A signed Data Processing Agreement is a prerequisite for uploading personal data of natural persons to the Service.
Fees and billing
Fees, billing frequency, and applicable taxes are defined in the Customer’s order form. Fees are invoiced in advance and are non-refundable except where expressly provided in these Terms or by law.
Confidentiality
Each party shall treat information disclosed by the other that is marked or reasonably identifiable as confidential with the same degree of care as it treats its own confidential information, and in any event no less than reasonable care. Confidentiality obligations survive termination for three (3) years.
Intellectual property
The Provider retains all rights, title, and interest in and to the Service, including all modifications, improvements, and derivative works. The Customer is granted a non-exclusive, non-transferable licence to access and use the Service during the subscription term.
Data uploaded by the Customer remains the Customer’s property. The Customer grants the Provider a limited licence to process such data solely for the purpose of delivering the Service.
Term and termination
These Terms commence on the date the Customer first accesses the Service and remain in force for the duration set out in the order form. Either party may terminate for material breach that remains uncured thirty (30) days after written notice.
Upon termination the Customer may export its data within thirty (30) days; thereafter the Provider will delete all Customer data save for records required to be retained by law.
Warranties and disclaimers
The Provider warrants that the Service will substantially conform to its documentation during the subscription term. Except as expressly provided, the Service is provided on an “as is” basis. All other warranties, whether statutory, express, or implied, are disclaimed to the fullest extent permitted by law.
Limitation of liability
Neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. The aggregate liability of either party arising out of or in connection with these Terms shall not exceed the fees paid or payable by the Customer in the twelve (12) months preceding the event giving rise to the claim.
Governing law and jurisdiction
These Terms are governed by the laws of Ireland, without regard to conflict-of-laws principles. The courts of Dublin have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
Nothing in this clause limits any mandatory rights available to the Customer under the laws of its Member State of establishment, nor the Customer’s right to bring proceedings in any other competent court of a Member State of the European Union where permitted by Regulation (EU) 1215/2012 (Brussels I recast).