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Terms of service
Effective as of 1 July 2023. This agreement is between you and Panda ELD, a provider of electronic logging devices and fleet management software, together with its affiliates, employees, consultants, directors, successors and assignees.
Service and acceptance
The Service
The electronic logging devices, fleet management software, websites, mobile websites and mobile applications provided by the Company, together with updates and upgrades.
Acceptance
Accessing, downloading or using the Service means you agree to this agreement and any associated policies, including our Privacy Policy. If you do not agree, do not use the Service. This applies whether you use the Service for yourself or on behalf of an entity you are authorised to represent.
Licence
Software and content provided as part of the Service is protected by intellectual property law. You are granted a limited, non-exclusive, non-transferable and revocable licence to use the Service subject to these terms.
Eligibility
You must be 18 or older, capable of entering binding contracts, and not barred from use under applicable law.
Your account and your users
Account creation
You need an account to use the Service. You agree to provide accurate and current information, to notify us of unauthorised use, and you are accountable for all activity under your account.
End users
You may grant access to end users such as employees or contractors within the boundaries of this agreement, and you must ensure their compliance with it. Where you received access from another user, that party may have access to your account. The Company has limited involvement in the internal management of the Service between users.
Conditions of use
Your ability to use the Service depends on factors including vehicle capability, the device used and internet connectivity.
Unauthorised use
Use the Service for lawful purposes only and do not misuse it. Comply with codes of conduct, policies and notices provided by the Company.
Your Data and privacy
"Your Data" means data you generate through the Service. The Company maintains data security consistent with industry standards, and you acknowledge that data may be stored or transmitted through third-party facilities. Your Data is necessary to provide the Service and you grant the rights needed for that purpose. Accepting this agreement does not transfer ownership of Your Data to the Company. The Company may use aggregated and de-identified data.
The Service may contain links to third-party websites or resources. You are responsible for your use of those resources.
Termination, warranties and general terms
Termination
This agreement is effective unless terminated by either party. You may cancel your account at any time. We may terminate access at our discretion. Certain provisions survive termination.
Warranties
The Service is provided "as is". We disclaim warranties to the extent permitted by law.
Indemnity
You agree to indemnify and hold the Company harmless from third-party claims related to your use of the Service.
Apple applications
Where you use Apple applications, additional terms apply and Apple is not responsible for App Store apps.
General
This agreement constitutes the entire agreement between you and the Company. Disputes and claims are governed by the laws of Pennsylvania, and may be resolved through arbitration or litigation.
Questions about these terms
- Emailinfo@pandaeld.com
- PostPanda ELD MBR, 345 Deerfield Rd, Morganville, NJ 07751
- Effective1 July 2023
Carried across from the existing terms without change of meaning. Two things for counsel: the governing law is stated as Pennsylvania while the registered address is New Jersey, and the current text points readers elsewhere for "the complete and official Terms of Service", which suggests this version is a summary.