Hoot Fleet
Legal
Legal
Contents
13 sections
These terms cover your use of the Hoot Fleet platform. Plain language where possible; where a term has a specific meaning, we say what it is.
The service is provided by Hoot Fleet LLC ("we", "us"), of 8401 Mayland Dr #11402, Richmond, VA 23294. "You" means the organisation that opens an account, and anyone you authorise to use it.
By opening an account or using the service, you agree to these terms. If you're agreeing on behalf of a company, you confirm you're authorised to do so.
A software platform for commercial fleet and delivery operations: vehicle location and trip history, delivery jobs and stops, proof of delivery, geofences, driver safety events, maintenance scheduling, reporting, and an API. Depending on your plan it includes tracking hardware and its cellular connectivity.
The service is not an electronic logging device system and does not provide hours-of-service, DVIR, DOT or driver qualification file compliance. If you operate vehicles subject to those rules, you need a separate compliance product. We say this here because it is the single most common wrong assumption about fleet software.
You're responsible for the accounts you create, the people you invite, and what they do with the access you give them. Keep credentials confidential and tell us promptly if you think an account has been compromised.
You must be at least 18 and using the service for business purposes. We may suspend an account that is being used unlawfully, that is materially overdue on payment, or that is degrading the service for others.
Everything you and your drivers put into the service, and everything your devices report, belongs to you. We process it to run the service for you and for nothing else, and we do not sell it. Apart from what you and your drivers use the service to send somewhere — a delivery notification to your customer, say — we share it only with the outside services named in section 7 of our privacy policy, each receiving only what its part of the service needs, and with whoever the law compels us to disclose it to. Some of those services are public ones we have no agreement with; that section names them and says what each receives.
You're responsible for having a lawful basis to collect the data you collect, particularly location data about your drivers. That means telling them, and where the law requires it, obtaining consent. The privacy policy sets out how we handle it.
How far back you can view operational history depends on your plan — 30, 90 or 365 days, or a period agreed in writing on Enterprise terms. That window limits what the console and the API return; it does not delete anything. What we remove, and when, is set out in section 5 of our privacy policy. You can export your data through the API or the console while your account is active.
Don't use the service to:
Plans are billed per driver seat or per vehicle, monthly or annually in advance, at the rates published on the pricing page. Paid plans have a minimum quantity, also published there.
Usage above your plan's allowance is metered and billed in arrears, at the rate published on the pricing page. What is metered today, and the unit each is billed in:
We meter it and show it to you in the console.
Prices exclude taxes. Where we're required to collect VAT, sales tax or an equivalent, it's added to your invoice. If you're VAT-registered in the EU, give us your number and reverse charge applies where it should.
We may change published prices. An increase takes effect at your next renewal, and we'll tell you at least 30 days before it does. It never changes the price of a period you've already paid for.
Plans that include vehicle tracking need a device per vehicle. Devices are supplied on the terms set out in your agreement, at a price we quote with your account: paid for up front, or with that price spread across your agreement's term and billed a part at a time. Two earlier terms — a device included with a 36-month plan, and monthly rental — are no longer offered to new customers; the paragraph below governs agreements already in place, which continue on the terms they were signed under.
Devices you buy outright are yours. Title to devices whose price your agreement spreads across its term passes as your agreement sets out. Devices supplied as included or rented remain ours until title passes or the term completes, and you agree to return rented devices when your subscription ends, using the prepaid label we provide. A device that isn't returned within 30 days is charged at the replacement cost stated in your agreement.
Hardware carries a 12-month warranty against defects. It does not cover damage, water ingress, or removal by a driver.
Subscriptions run for the period you chose and renew automatically unless you cancel. Cancel any time from the console; cancellation takes effect at the end of the period you've paid for. If you are the only person in your workspace and delete your account, the workspace closes at once: the plan ends then, the unused part of the period isn't refunded, and the workspace's data is deleted within 30 days.
Early termination is limited to the unpaid balance of your hardware. Where your agreement spreads the price of your devices across its term, leaving early means paying their unamortised balance: the part of each device's price that has not yet been billed — never the remaining subscription, and nothing already billed is charged again. Devices you have already paid for owe nothing. Agreements already in place on an earlier term settle as that term says: devices taken at no up-front cost on a 36-month plan owe the part of the device price that hasn't been amortised; devices bought outright and left inside the 12-month minimum repay the per-vehicle discount received during that time, and nothing more; and rented devices owe nothing beyond their return.
On a self-serve plan, prepaid time you haven't used is credited against anything owed, and we show you the whole calculation before a cancellation that owes money goes through; it does not go through until you confirm it. On a contract, nothing already paid is refunded; the one exception is a term paid up front, whose unused whole years are credited to your account — a credit, never a cash refund.
We can terminate for material breach that isn't fixed within 30 days of us telling you about it, or immediately for unlawful use. If we terminate for convenience, we refund the unused portion of what you've paid; that refund is issued by hand, on the timetable in our refunds and cancellation terms.
We aim to keep the service available continuously and to give you reasonable notice of planned maintenance. On plans other than Enterprise, the service is provided without a contractual uptime commitment. A binding SLA with defined targets and remedies is available on Enterprise terms and is agreed in writing.
Support is by email at support@hootfleet.com.
We develop the product continuously and features change. We won't remove a material capability your plan is sold on without telling you at least 30 days in advance.
We may update these terms. If a change materially affects your rights, we'll tell you at least 30 days before it takes effect, and continuing to use the service after that means you accept it.
The service is provided as it is. Beyond what's set out here and what the law requires of us, we don't make other warranties, and we don't warrant that the service will be uninterrupted or error-free.
Vehicle position data is derived from GPS and cellular networks and can be delayed, imprecise or missing. Don't rely on it as the sole basis for a safety-critical or legal decision.
Neither of us is liable for indirect or consequential loss, or for lost profits or lost data. Our total liability in any 12-month period is capped at what you paid us in that period. Nothing here limits liability that can't be limited by law, including for death or personal injury caused by negligence, or for fraud.
These terms are governed by the laws of the Commonwealth of Virginia, United States, and its courts have exclusive jurisdiction over any dispute. Before starting proceedings, talk to us — most things are resolved by email.
Hoot Fleet LLC
8401 Mayland Dr #11402, Richmond, VA 23294
support@hootfleet.com