Third Party Terms

Third Party Terms

 

These Third Party Terms are incorporated into and supplement where applicable the FC End User License Agreement located at www.fleetcomplete.com/legal (“EULA”) under which Fleet Complete has agreed to provide the Service (as defined in the EULA) to Client.

Capitalized terms not defined herein shall have the meaning given in the EULA.

Client acknowledges and agrees that FC has the right, in FC’s sole discretion, to modify these Third Party Terms from time to time, and that modified terms become effective upon posting. Client will be notified of modifications through notifications or posts on www.fleetcomplete.com/legal or via direct email communication from FC. Client is responsible for reviewing and becoming familiar with any such modifications. Client’s continued use of the Services after the effective date of the modifications will be deemed acceptance of the modified terms.

 

1.     Google Maps.

Client acknowledges that the Service utilizes Third Party Services  from Google and therefore Client hereby accepts and agrees to be bound by the following terms and conditions: (i) the Google Terms of Service, (ii) the Google Maps/Google Earth Additional Terms of Service, (iii) the Google Maps/Google Earth Legal Notices, and (iv) the Google Privacy Policy.

 

2.     OnStar Remote API Services.

Remote API Services” means OnStar LLC,’s (“OnStar”) application programming interface(s) which allows Fleet Complete, or any authorized third parties, to receive Client Data and issue commands to  any participating vehicle produced by General Motors for which Fleet Complete, is authorized to access the Remote API Services.

If Client is using the Services in conjunction with participating vehicle produced by General Motors for which Fleet Complete which utilizes the Remote API Services then Client hereby acknowledges, agrees and consents that:

  • Client shall obtain the acknowledgement and consent of Vehicle Operators, to use by Fleet Complete of the Remote API Service including consenting to the collection, storage, use and sharing of the Client Data and enter into a written agreement with each Vehicle Operator for the Vehicle Operator’s acknowledgment, agreement and consent to terms and conditions substantially similar to the terms and conditions set forth in this Section 2.
  • Fleet Complete is using the Remote API Services with the Client’s participating vehicle.
  • The Remote API Services are turned on all the time, even when other OnStar-branded services or any other media in the participating vehicle is turned off.
  • The Remote API Services may send participating vehicle tracking and other information to Fleet Complete on a regular and continuous basis.
  • The information that is sent to Fleet Complete through the Remote API Services may include information about the participating vehicle, its features, systems, diagnostics, location, speed, heading, timestamp, seat belt usage, and confirmation of Lock/Unlock/ Alert Horn/ Alert Lights.
  • Fleet Complete can send commands to the participating vehicle through the Remote API Services that may include commands to lock and unlock a participating vehicle, and/or alert horn and alert lights.
  • The Remote API Services are separate from the OnStar services that User is receiving. These terms and conditions apply to Fleet Complete’s use of the Remote API Services. No other terms and conditions, including the OnStar services terms and conditions, will apply to the Remote API Services.
  • Fleet Complete is solely responsible for its use of the Remote API Services, any information it accesses or collects, and any commands it sends or fails to send through the Remote API Services.
  • OnStar and its affiliates are not responsible in any way to User for any liability related directly or indirectly to, (a) the Remote API Services, or (b) Fleet Complete’s use of the Remote API Services.

 

3.       FC Vision™.

FC Vision™ Consent, Disclaimer and Limitation of Liability. The Service includes a Third Party Service known as FC Vision™ (“FC Vision”).  If FC Vision is activated by Client then Client hereby consents to the collection, storage and use of Client Data and specifically including the video data collected through the use of FC Vision as described in the Documentation by LightMetrics, Inc. (“LightMetrics”), FC’s licensor of the FC Vision software. With respect to Client Data, FC is the Data Processor and LightMetrics is the sub-processor and FC shall cause LightMetrics to collect, store and use Client’s Client Data in accordance with Client’s instructions. In addition, the following disclaimers and limitations on FC and its licensor’s liability apply: FC Vision is only meant to aid and augment the Vehicle Operator’s own skill and attention when driving a Vehicle. FC Vision’s primary function is to alert the Vehicle Operator to certain events described in the Documentation and accordingly, does not replace the Vehicle Operator’s requirement to be attentive to the surrounding traffic conditions, and drive in a legal and responsible manner without any distraction of any sort. It is expected that the Vehicle Operators do not rely on the FC Vision warnings as a substitute for their own judgement and attention. Certain features may not work in situations such as: (a) where visibility is challenging due to prevailing weather conditions; (b) lanes not being clearly marked or visible; (c) when the Vehicle is following a vehicle other than cars, buses or trucks; (d) when the camera’s field of view is occluded; (e) degradation of WiFi connection between camera and mobile device; and/or (f) changes in camera orientation post-installation. SAVE AS OTHERWISE EXPRESSLY PROVIDED HEREIN, UNDER NO CIRCUMSTANCES WILL FC OR ITS LICENSORS (INCLUDING LIGHTMETRICS) BE RESPONSIBLE FOR ANY DAMAGES OR LIABILITIES WHATSOEVER THAT ARISE ON ACCOUNT OF A VEHICLE OPERATOR’S USE OF FC VISION.

 

4.     Big Road Freight™.

The Service includes a Third Party Service known as Big Road Freight™ (“FC Big Road”). If FC Big Road is activated by Client then Client hereby consents to the additional collection, storage and use of the Client Data through the use of FC Big Road by FleetRover, Inc, FC’s  licensor of the FC Big Road software,  and in accordance with the EULA and the FC Big Road specific privacy policy located at https://www.bigroad.com/privacy, as may be amended from time to time, and which is incorporated herein by reference.

FC Big Road contains links to other websites and applications provided by independent third parties (“Third Party Sites”). Where possible, BigRoad will make clear where such links are being made, though Third Party Sites may be co-branded with BigRoad and include the BigRoad trademark. The Client acknowledges that FC has no authority or control whatsoever over Third Party Sites, and is not responsible for the availability or content of Third Party Sites and will not be a party to, or liable or responsible in any way for, any information, declaration, misrepresentations, errors, omissions or any transaction concerning goods or services available from such Third Party Sites, and Client’s rights and obligations will solely depend upon the terms and conditions stated in such Third Party Sites.

 

[END OF THIRD PARTY TERMS]

 

Last updated: April 20, 2022