Terms and Conditions - VMS

Last Updated: December 2024

ARTICLE 1: Purpose

These "General Terms of Use" govern the legal framework for the use of the VMS (Vehicle Management System) mobile application and its services.

This agreement is entered into between:

The general terms of use must be accepted by every User, and access to the application implies acceptance of these conditions.

ARTICLE 2: Legal Information

The VMS mobile application is published by the company Skeiron Technologies (com.skeiron).

You can contact VMS APP by email: softwareassurance.IT@gmail.com

The VMS mobile application is hosted on cloud infrastructure. Data may be stored in data centers located in various regions to ensure service availability and performance.

For hosting and cloud services, we utilize third-party providers including but not limited to Amazon Web Services (AWS) and Google Cloud Platform (Firebase). Please refer to their respective privacy policies and terms of service.

ARTICLE 3: Access to Services

The User of the VMS mobile application, if identified with their login credentials, has access to the following services:

Vehicle Management Services

Trip Management Services

Pre-LR (Pre-Lorry Receipt) Services

Punchlist Services

VAR (Vehicle At Receipt) Services

Driver Management Services

Common Services

The mobile application and its various services may be interrupted or suspended by the Publisher, especially during maintenance, without prior notice or justification.

By registering on VMS, the User agrees to:

The User also agrees not to make statements or distribute in any form content that violates the rights of others or is defamatory, insulting, obscene, offensive, violent, or incites violence, and, in general, any content contrary to the purpose of VMS, applicable laws and regulations, or good morals.

In particular, photos, images, and all information, data, or files shared through the application by a User must be relevant to vehicle management, fleet operations, and transportation logistics. Under no circumstances should published content be inappropriate, illegal, or contrary to the spirit of the Application.

Content that may lead to any form of harassment or misconduct against a third party, whether using VMS or not, is also prohibited. The administrators of VMS reserve the right to delete content from members that does not correspond to the application's purpose without any notice, or even deactivate or delete accounts in extreme cases.

The User also agrees not to post or distribute in any form information or content that has the effect of reducing, disrupting, preventing the normal use of services, or interrupting and/or slowing down the normal flow of communications between Users through the services, such as software, viruses, logic bombs, massive messaging, etc.

VMS reserves the right to delete messages or data that are sent massively by members to preserve a normal quality of service for other members. The transmission of any form of unsolicited message that could be interpreted as an advertising prospectus is prohibited.

The User agrees not to post messages that violate the rights of third parties (including intellectual or industrial property rights such as trademarks, designs, models, patents, know-how, etc.), the laws and regulations in force in their country of residence, or in the country where their data is intended to be received.

To fully enjoy the services provided by VMS, the User agrees to:

If notifications are enabled, the User agrees to receive notifications from VMS to stay informed about vehicle status updates, trip assignments, punchlist reminders, and important alerts. Notifications can be disabled in the device settings or directly in the Application settings.

ARTICLE 4: User's Responsibility

The User is responsible for the risks associated with the use of their login credentials and password. The User's password must remain confidential. In case of password disclosure, the Publisher declines any responsibility.

The User assumes full responsibility for the use they make of the information and content present on VMS.

Any use of the service by the User directly or indirectly resulting in damages must be subject to compensation for the benefit of the application.

VMS allows members to publish on the application:

The member undertakes to use respectful language toward others and the law, not to publish defamatory comments or content, and agrees that these publications and comments may be moderated or rejected by the Editor, without the need for justification.

VMS cannot be held responsible for any viruses that may infect the User's mobile, computer, or any computer equipment following the use, access, or download from this application.

By publishing on the application, the User grants the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast, and distribute their publication, directly or through an authorized third party, for the purpose of providing and improving the services. The Editor, however, undertakes to maintain the integrity of vehicle and fleet-related data and to use it solely for service provision.

The User is responsible for:

Offline Functionality: The User acknowledges that when using offline functionality, data is stored locally on their device using SQFLite database and SharedPreferences. The User is responsible for maintaining the security of their device and ensuring that unauthorized parties do not gain access to vehicle and fleet-related data stored locally.

ARTICLE 5: Publisher's Responsibility

Any malfunction of the server or network cannot engage the responsibility of the Publisher.

Likewise, the application cannot be held responsible in the event of force majeure or the unforeseeable and insurmountable act of a third party.

VMS undertakes to implement all necessary means to ensure the security and confidentiality of data. However, it does not provide a guarantee of total security.

The Publisher reserves the right not to guarantee the reliability of the sources, although the information broadcast on the application is deemed reliable.

VMS APP cannot be held responsible, in particular, for:

The Publisher is not liable for the accuracy of vehicle information, trip data, driver assignments, or fleet management data provided by the User's organization or third-party systems integrated with the application.

VMS APP cannot in any case be held responsible for indirect or unforeseeable losses or damages of the User, their organization, or third parties, which notably includes any lost profits, loss of profit, or loss of chance related to any title and on any basis whatsoever to these General Conditions.

The User cannot, therefore, turn against VMS APP or claim any compensation from it on any basis, except in cases of gross negligence or willful misconduct by the Publisher.

ARTICLE 6: Intellectual Property

The contents of VMS (logos, texts, graphic elements, videos, etc., representing the VMS brand) are protected by copyright under the Intellectual Property Code.

The User must obtain the permission of the site editor before reproducing, copying, or publishing these different contents. These can be used by users for private purposes; any commercial use is prohibited.

The User is entirely responsible for any content they upload and undertakes not to harm a third party.

The Editor of the mobile application reserves the right to moderate or delete freely and at any time the content posted by Users, without justification.

Images and data uploaded by Users for vehicle documentation, punchlist items, and trip records remain the intellectual property of their respective authors or their organizations. However, by using the application, Users grant VMS APP a non-exclusive, royalty-free license to use, store, and display this content within the app for the purpose of providing vehicle management and fleet operations services.

ARTICLE 7: Personal Data

The User must provide personal information to register on the app, including but not limited to:

The User's email address and mobile number may be used by VMS for various communications, account management, and service delivery.

Data Processing for Service Delivery

To provide vehicle management and fleet operations features, VMS processes User data including:

This data is used solely for providing and improving the vehicle management services and is handled in accordance with our Privacy Policy.

Push Notifications

Push notifications are sent through Firebase Cloud Messaging to keep Users informed about vehicle status updates, trip assignments, punchlist reminders, and important alerts. Users can manage notification preferences in the app settings or device settings.

Offline Data Storage

Data is stored locally on the User's device using SQFLite database and SharedPreferences to enable offline functionality. This data includes vehicle information, trip data, punchlist items, and other fleet-related information. This data is synchronized with our servers when connectivity is available. Users should be aware that while we strive to ensure the privacy and security of all data, local storage is subject to the security of the User's device.

VMS guarantees the respect of the user's privacy, in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and other applicable regulations.

Under applicable data protection laws, the User has the right to access, rectify, delete, and object to their personal data. The User exercises this right via:

For more detailed information about data processing, please refer to our Privacy Policy.

ARTICLE 8: Hyperlinks

The domains to which the hyperlinks on the application lead do not engage the responsibility of the VMS Editor, who has no control over these links.

However, the User is invited to report compromising hyperlinks by reporting the content directly on the application or by email to softwareassurance.IT@gmail.com.

ARTICLE 9: Evolution of the General Terms of Use

VMS reserves the right to modify the clauses of these general terms of use at any time and without justification.

Users will be notified of material changes by:

Continued use of the application after such changes constitutes acceptance of the modified terms.

ARTICLE 10: Duration of the Contract

The duration of this contract is indefinite. The contract takes effect for the User from the start of the use of the service.

Either party may terminate this agreement at any time:

ARTICLE 11: Applicable Law and Jurisdiction

This contract is subject to the laws of the jurisdiction in which VMS APP is registered.

In the event of a dispute not resolved amicably between the User and the Editor, it will be submitted to the exclusive jurisdiction of the competent courts to settle the dispute.

By using the VMS application, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use the application.

For questions or concerns regarding these Terms and Conditions, please contact us at softwareassurance.IT@gmail.com

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