1. Agreement and order of precedence
By creating an account, accepting an order, purchasing a subscription or using DrivaApp, the Customer agrees to these Terms. A signed order form, data-processing agreement or other written agreement may supplement these Terms. If documents conflict, the signed order form takes priority for commercial details, followed by any data-processing agreement for personal-data matters, then these Terms.
2. Business eligibility and authority
DrivaApp is intended for business use. A person accepting these Terms for an organisation confirms that they have authority to bind that organisation. The Customer must provide accurate registration, billing and contact information and keep it current.
3. Accounts, roles and security
The Customer is responsible for deciding who may access its tenant and assigning appropriate roles. Each user must use their own account, protect login credentials and promptly report suspected unauthorised access. The Customer is responsible for activity carried out through its accounts except to the extent caused by our breach of these Terms or applicable law.
4. Subscriptions, billing and taxes
Plan features, usage limits, billing intervals and prices are presented during purchase or in an agreed order form. Recurring subscriptions renew automatically until cancelled in accordance with the Cancellation Policy. The Customer authorises collection through the selected payment method and must pay applicable taxes and valid charges. We may restrict paid features if payment is overdue after appropriate notice.
5. Acceptable use
The Customer and its users must use DrivaApp lawfully and only for legitimate transport operations. They must not attempt unauthorised access; interfere with security or service operation; introduce malware; misuse another organisation’s data; reverse engineer the service except where law permits; or use DrivaApp to infringe rights, facilitate unlawful activity or create avoidable safety risks. DrivaApp supports operational administration but does not replace professional judgement, legal duties, vehicle checks or regulatory compliance.
6. Customer data and responsibilities
The Customer retains its rights in data submitted to DrivaApp and grants ExcelTTC the rights reasonably necessary to host, process, back up and transmit that data to provide, secure and improve the service. The Customer is responsible for the accuracy and lawfulness of submitted data, for giving required notices, and for ensuring it has authority to process information about employees, drivers, clients and other individuals.
7. Confidentiality and privacy
Each party must protect confidential information received from the other and use it only for the agreement, except where disclosure is authorised or legally required. Personal data will be handled in accordance with applicable data-protection obligations, the relevant privacy information and any agreed data-processing terms.
8. Intellectual property
ExcelTTC and its licensors retain all rights in DrivaApp, including its software, design, documentation, branding and service improvements. No ownership transfers to the Customer. The Customer may use the service only during the subscription term and within the purchased plan. Feedback may be used to improve DrivaApp without identifying the person or Customer that supplied it.
9. Service availability and changes
We aim to provide a reliable service but do not guarantee uninterrupted or error-free operation. Maintenance, security events, infrastructure failure and matters outside reasonable control may affect availability. We may update features and interfaces to maintain security, comply with law or improve the service, while seeking to avoid materially reducing the core paid service without reasonable notice.
10. Third-party services
DrivaApp may use or connect to third-party services such as payment processing, email delivery, hosting and mapping. Their availability and separate terms may affect related features. ExcelTTC is not responsible for a third-party service outside its reasonable control, but remains responsible for its own obligations when selecting and managing service providers.
11. Suspension
We may suspend access where reasonably necessary to address non-payment, a material breach, suspected unlawful activity, a security threat or risk to the service or other customers. Where circumstances permit, we will explain the reason and provide a reasonable opportunity to remedy it. Emergency protective action may be immediate.
12. Termination and cancellation
The Customer may cancel under the Cancellation Policy. Either party may terminate where a material breach is not remedied within a reasonable period after notice, or where termination is otherwise permitted by an agreed order form or law. On termination, rights to use the service end, outstanding charges remain payable, and provisions intended to survive termination continue to apply.
13. Responsibility and liability
Each party remains responsible for loss it causes in breach of the agreement, subject to limitations permitted by law and any limits stated in an agreed order form. Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud or fraudulent misrepresentation, or death or personal injury caused by negligence. The Customer remains responsible for operational decisions, regulatory compliance and maintaining appropriate independent records and contingency procedures.
14. Changes to these Terms
We may update these Terms to reflect changes to DrivaApp, our business or applicable law. The effective date identifies the current version. Where a material change affects an active subscription, we will give notice where required and state when the revised Terms apply. Continued use after that date constitutes acceptance to the extent permitted by law.
15. Governing law and disputes
These Terms and any non-contractual obligations arising from them are governed by the laws of England and Wales, unless a signed agreement requires otherwise. The courts of England and Wales have jurisdiction, subject to any mandatory rights or alternative dispute arrangements that apply. Before formal proceedings, the parties should try in good faith to resolve the issue through authorised representatives.
Contact us
Questions about these Terms may be sent to the DrivaApp team. Include your organisation name and account email, and do not send passwords or full payment-card details.
support@excelttc.com