Additional Terms of Service for Fleets
LAST UPDATED: JULY 1, 2022
LAST UPDATED: JULY 1, 2022
Google LLC provides Pebble Products. Subject to the General Terms, the Privacy Policy, and any applicable Product Terms, Google LLC ("Google") grants you a non-transferable, non-exclusive, revocable, limited license to (a) use and access the Services in connection with the management and operation of a fleet of vehicles owned or leased by you and operated by drivers who are your Authorized Users (a "Fleet"); and (b) access, download and use the content and information made available by Google on the Services in accordance with this Agreement.
2.1. You agree to use the Services solely for the operation and management of vehicles owned or leased by you. In addition to the use restrictions set forth in Section 2 of the General Terms, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the Services.
2.2. You represent, covenant, and warrant that you will use the Services, and cause your Fleet to use the Services in compliance all applicable terms, and with all applicable laws and regulations. You hereby agree to indemnify Google and hold Google harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from your Fleet's use of Services. Although Google has no obligation to monitor your use or your Fleet's of the Services, Google may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
2.3. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed by your Fleet to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like. You shall also be responsible for maintaining the security of the your account, your passwords (including but not limited to administrative and Authorized User passwords) and files, and for all uses of your account or the Services with or without your knowledge or consent.
2.4. When you sign up for an account connected to a Fleet, you will provide true, accurate, current and complete information about your Fleet. You shall maintain accurate records in connection with your Fleet during the Term. If the information pertaining to your Fleet changes, it is your responsibility to update your account to reflect these changes, including adding or removing vehicles or drivers.
3.1. You will pay Google the then applicable fees for the Services (the "Fees"). If your use of the Services exceeds the limits of your purchase or otherwise requires the payment of additional fees (per the terms of this Agreement), you shall be billed for such usage and you agree to pay the additional fees in the manner provided herein.
3.2. You agree to provide to Google and maintain on file an authorized payment method and complete and up-to-date contact and account information. You hereby give Google permission to charge your automatic payment method on a recurring basis to collect the Fees. You authorize your bank or other payment institution to pay the full amount of Fees due to Google. If Google is unable to initiate payment via the authorized payment method, you remain obligated to Google for all unpaid Fees.
3.3. All Fees paid are non-refundable. Your access to the Service will be deactivated without further notice if payment is more than 30 days past due, regardless of the dollar amount, until such time as the past due payments have been fully satisfied. Google will not suspend your services or deactivate your account for invoiced amounts that you dispute in good faith, provided that you have given us written notice of disputed charges within ten (10) days of invoice receipt and the invoiced amount remains in good faith dispute between the parties as determined in Google's sole discretion.
3.4. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. You shall be responsible for all taxes associated with Services other than U.S. taxes based on Google’s net income.
You hereby grant to Google during the Term a non-exclusive, non-transferable, non-sublicenseable license to use your name and logo or logos (the "Licensed Marks") solely on Google's marketing materials and to refer to you as a Google customer. You reserve all rights not expressly granted to Google under this Agreement. Google acknowledges that (a) you are the owner of the Licensed Marks and all goodwill related thereto, and (b) all use of the Licensed Marks under this Agreement and any goodwill accruing from such use will inure solely to your benefit.