1. Agreement to Terms
By accessing or using Driver Circus services, you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access the service.
2. Description of Service
Driver Circus provides fleet tracking and security monitoring services, including real-time GPS tracking, route optimization, security event monitoring, and related analytics and reporting features.
2.1 Service Nature and Limitations
Driver Circus and the DC application (collectively, the "Service") are technology tools designed to assist users in tracking, monitoring, and analyzing fleet operations and device data. The Service functions solely as a data collection, analysis, and reporting platform. Driver Circus does not, and shall not be construed to, participate in, facilitate, or assume any responsibility for the direct execution, completion, or fulfillment of any contracts, agreements, or obligations that users may be bound to perform with third parties. Users acknowledge and agree that they remain solely responsible for the performance and completion of all contracts and obligations they have entered into, and that Driver Circus's role is limited to providing informational and analytical tools to support users' independent business operations.
2.2 DC Application Installation and Nature
Important Notice: The DC App is private software that must be installed by an authorized representative of Pi-Trace LLC or Driver-Circus. By accepting these Terms of Service, you acknowledge and understand that:
- The DC App tracking software is intentionally designed as a computer monitoring application that, by definition, performs data exfiltration for tracking and monitoring purposes.
- The software is installed and configured by authorized personnel of Pi-Trace LLC or Driver-Circus only, and may not be installed or modified by unauthorized parties.
- You understand and consent to the nature of this software and its data collection capabilities.
By using the Service, you explicitly acknowledge that you have been informed of the nature of the tracking software and consent to its installation and operation on your devices.
2.3 Data Ownership and Sharing
You acknowledge and agree that Pi-Trace LLC and Driver-Circus share ownership of data collected through the Service for quality assurance purposes to support the Product and the Service. This shared ownership allows both entities to use the collected data to improve service quality, provide support, and ensure the proper functioning of the tracking and monitoring systems.
2.4 Knowledge Base and AI Assistant
The Service includes a Knowledge Base feature powered by a third-party AI assistant that provides answers to questions about the application and documentation. By using this feature, you acknowledge that:
- Your questions and interactions with the AI assistant may be processed by third-party AI services
- You should not submit sensitive personal information, confidential business data, or proprietary information when using the Knowledge Base feature
- Driver Circus is not responsible for the accuracy, completeness, or reliability of AI-generated responses
- The Knowledge Base is provided as-is for informational purposes only
2.5 Third-Party Services and Data Sources
The Service relies on third-party services and data sources to provide certain features:
- Satellite/GPS Data: We utilize third-party satellite and GPS data providers to deliver location tracking services. We do not own or operate satellites. Location data provided through these third-party services is subject to their respective terms and privacy policies.
- Data Ownership: While we own the data collected directly by the DC App (including phone metrics, device information, and location data collected by the application), we do not own the underlying satellite/GPS infrastructure or raw satellite data provided by third-party services.
- Third-Party AI Services: The Knowledge Base feature uses third-party AI services. Your interactions with this feature are subject to the AI service provider's terms of service and privacy policy.
3. User Accounts
3.1 Account Creation
To use our services, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials.
3.2 Account Responsibility
You are responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.
4. Subscription and Payment
4.1 Subscription Plans
We offer various subscription plans with different features and pricing. Your subscription will automatically renew unless cancelled before the renewal date.
4.2 Payment Terms
Payment is due in advance for each billing period. We reserve the right to change our pricing with 30 days' notice to existing customers.
4.3 Refunds
Refunds are provided in accordance with our refund policy. Trial periods are free and may be cancelled at any time without charge.
5. Acceptable Use
You agree not to:
- Use the service for any illegal purpose or in violation of any laws
- Interfere with or disrupt the service or servers
- Attempt to gain unauthorized access to any portion of the service
- Use automated systems to access the service without permission
- Reverse engineer, decompile, or disassemble any part of the service
- Share your account credentials with unauthorized parties
6. Intellectual Property
The service and its original content, features, and functionality are owned by Driver Circus and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
7. User Content
You retain ownership of any data you upload or provide to the service. By using the service, you grant us a license to use, store, and process your data as necessary to provide the service.
8. Service Availability
We strive to maintain 99.9% uptime but do not guarantee uninterrupted or error-free service. We may perform scheduled maintenance with advance notice when possible.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRIVER CIRCUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
10. Indemnification
You agree to indemnify and hold harmless Driver Circus from any claims, damages, losses, liabilities, and expenses arising out of your use of the service or violation of these terms.
11. Termination
We may terminate or suspend your account and access to the service immediately, without prior notice, for conduct that we believe violates these Terms of Service or is harmful to other users, us, or third parties.
11.1 Termination or Disagreement with Terms/Privacy Policy
If you disagree with these Terms of Service or our Privacy Policy, or if we terminate your access to the Service, we reserve the right to remotely pause the DC App's functionality. In such circumstances:
- You may choose to keep the DC App installed on your devices or uninstall it at your discretion
- If you keep the DC App installed, we may resume service at a later time, subject to your acceptance of the then-current Terms of Service and Privacy Policy
- While the DC App's functionality is paused, it will not collect or transmit data
- You acknowledge that we have the technical capability to remotely control the DC App's functionality
12. Changes to Terms
We reserve the right to modify these terms at any time. If we make material changes, we will notify you by email or dashboard notification at least 30 days before the new terms take effect. Continued use of the Service after the changes take effect constitutes acceptance of the new terms. If you do not agree to the modified terms, you must discontinue use of the Service, and the provisions of Section 11.1 (Termination or Disagreement with Terms/Privacy Policy) will apply.
13. Governing Law
These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law provisions.
14. Contact Information
If you have any questions about these Terms of Service, please contact us at:
Email: [email protected]
Address: Driver Circus Legal Department