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Effective Date: January 01
These Terms of Service (“Terms”) are entered into by and between you (“Customer”) and Battle Motors Inc. (“Company”). By accessing or using the Fortris™ AI platform (“Services”), Customer acknowledges that it has read, understood and agree to be bound by these Terms of Service. If Customer does not agree to these Terms, Customer may decline or cease the use of the Services defined below.
Fortris™ AI will receive data from Customer employee(s) and vehicle(s), store the data, apply software logic to the data, and transmit reports, recommendations, and alerts to the Customer based on the application of the software logic to the data. The Services may be modified, suspended or discontinued with or without notice.
Customer agrees to use the Services only for lawful purposes and in compliance with all applicable laws and regulations. By using the Services, Customer agrees not to engage in any activities that violate any applicable federal, state, local or international laws or regulations, including those pertaining to the export of data or software to and from the United States or other countries.
Company's Privacy Policy, included as Appendix III of these Terms of Service, explains how it collects and uses the data collected in performing the Services.
Hardware: Cameras, sensors, gateways, and related peripheral devices provided for generating data communicated to Fortris™ AI.
Software: Applications, embedded software, and cloud-based platforms developed and/or utilized by Fortris™ AI
Customer Data: All data, including images and videos, collected through the use of Fortris™ AI's Hardware and Software, including but not limited to the following: Telematics data (e.g., GPS, CAN bus). Diagnostic and maintenance records. Images and videos captured by vision systems. User-generated content and annotations.
Company grants the Customer a limited, revocable, non-exclusive, non-transferable license to use the Services solely for internal business operations, subject to these Terms. Internal business operations encompass the processes and systems that the Customer uses to function, create value, and achieve its goals without external interaction.
By using the Services, Customer acknowledges and agrees that FortrisTM AI may collect and use Customer Data, including images and videos, to: Operate and maintain the Services. Improve and enhance the functionality and performance of the Services. Develop new products and services. Comply with legal obligations. Conduct research and analysis.
Company will retain Customer Data at least according to the Data Retention Policy, included as an Appendix I of these Terms of Service, but may retain Customer Data for as long as Company deems necessary to fulfill the purposes set forth in this Section, even if Customer ceases to use the Services.
Both Parties agree to maintain the confidentiality of any proprietary or sensitive information exchanged in connection with the Services. Each Party agrees that all information received from the other Party shall be presumed to be proprietary or sensitive and further agrees that this obligation does not apply to information that is: Publicly available. Rightfully received from a third party. Independently developed without use of confidential information.
All intellectual property rights in the Services, including but not limited to software, content, trademarks, improvements or enhancements, are owned by Company. Customer retains ownership of its data but grants FortrisTM AI a license to use Customer Data as described in Sections 5 and 6. Ownership and intellectual property rights belong to the Company. Customer may not copy, modify, reverse engineer, or distribute the Hardware or Software without prior written consent from Company.
Hardware associated with Fortris™ AI is provided under the Company's Hardware Warranty & Return Policy, included as Appendix II of these Terms of Service.
THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRIGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
THE SERVICES USE EXPERIMENTAL TECHNOLOGY, AND CUSTOMER SHOULD USE DISCRETION BEFORE RELYING ON OR USING CONTENT GENERATED BY THE SERVICES. THE INFORMATION PROVIDED BY THE SERVICES IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. COMPANY MAKES NO GUARANTEES REGARDING THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE INFORMATION GENERATED BY THE SERVICES. ANY RELIANCE CUSTOMER PLACES ON SUCH INFORMATION IS DONE SO STRICTLY AT ITS OWN RISK. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY RELIANCE PLACED ON SUCH MATERIALS BY CUSTOMER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBLIITY OF SUCH DAMAGES.
To the extent permitted by law, Customer will indemnify and hold harmless Company, its affiliates, directors, officers, and employees, from and against any suits, actions, penalties, damages, costs, losses, liabilities, and expenses (including attorneys’ fees) arising out of or relating to any claim relating to Customer’s use of the Services or any violation of these Terms.
Subscription Term
Unless otherwise stated in an Order Form, subscriptions to the Services are provided on a 12-month rolling term, auto-renewing at the end of each term unless cancelled in accordance with this section.
Customer Cancellation The Customer may cancel the subscription for convenience by providing 30 days' written notice prior to the renewal date. Cancellation does not entitle the Customer to a refund for any unused portion of the current term. If cancellation occurs mid-term, services will continue through the end of the current billing period, after which access will be terminated.
Company reserves the right to suspend or terminate the subscription, at its discretion, with immediate effect including but not limited to if the Customer (a) breaches these Terms or applicable laws; (b) fails to pay invoiced amounts within 30 days of the due date or (c) uses the Services in a manner that creates legal or reputational risk. In such cases, Battle Motors, Inc. may retain any prepaid fees and pursue additional remedies.
Effect of Termination
Upon termination: Customer access to the Fortris™ AI platform will be disabled. Data retention will follow the Data Retention Policy in Appendix I. Customer may request a copy of exported data within thirty (30) days of termination; after that, data may be deleted.
The Company reserves the right to change these Terms of Service from time to time. All changes are effectively immediately and apply to all access to and use of the Services. Customer's continued use of the Services after such modifications will constitute Customer’s (a) acknowledgement of the modified Terms; and (b) agreement to abide and be bound by the Terms.
Customer acknowledges that any dispute or claim against the Company, relating in any way to Customer's use of the Services, will be resolved by binding arbitration, rather than in court. Such arbitration shall be conducted in Tuscarawas County, Ohio and shall be in accordance with the America Arbitration Association in accordance with its Commercial Arbitration Rules then in effect. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law principles.
Company's failure to enforce a provision is not a waiver of our right to do so later. If any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
These Terms constitute the entire agreement between the Customer and the Company with respect to the Services and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.
For questions about the Services or to cancel the Services, please contact paul@battlemotors.com. To provide any notice under this Policy, please contact legal@battlemotors.com
This Policy will be reviewed and updated annually from the effective date, or more frequently if appropriate.
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