Terms of Service

AjnaView provides a cloud-based fleet telematics platform including:

• Real-time GPS vehicle tracking and geofencing
• Driver safety scoring and coaching tools
• CAN bus data analytics and engine diagnostics
• AI dashcam video telematics and incident detection
• Cold chain temperature monitoring
• Asset tracking for non-powered equipment
• Fleet reporting, compliance tools, and REST API access
• MOT checking
• DVLA checks
• Driver licence checks
• Walkaround inspections
• Earned Recognition support

Compliance information is sourced from third parties and may not always be current or accurate. Compliance information is provided for informational purposes only.

Customers remain solely responsible for ensuring compliance with all applicable laws, regulations, licensing requirements, vehicle inspections, maintenance obligations, and driver qualification requirements.

AjnaView does not guarantee the completeness, accuracy, timeliness, or availability of data obtained from third-party sources.

We target a 99.9% uptime SLA for the Platform, measured on a monthly basis, excluding scheduled maintenance windows. Scheduled maintenance will be notified at least 48 hours in advance where possible.

In the event of unplanned downtime exceeding the SLA threshold, Enterprise customers may be entitled to service credits as set out in their Order Form. Service credits are the sole remedy for downtime and do not entitle you to a refund.

We may offer a free trial period of up to 14 days. At the end of the trial period, you must subscribe to a paid plan or your access will be suspended. We reserve the right to modify or discontinue trial offers at any time.

We may update, modify, or discontinue features of the Platform at any time. For material changes that adversely affect your use of the Platform, we will provide at least 30 days' notice. We will endeavour to provide equivalent functionality where features are discontinued.

You must provide accurate, complete, and current information when registering. You are responsible for keeping your account information up to date.

• You are responsible for maintaining the confidentiality of your login credentials.
• You must notify us immediately of any unauthorised access to your account.
• We are not liable for any loss arising from unauthorised use of your account where you have failed to maintain adequate security.
• Multi-factor authentication is available and strongly recommended. Enterprise plans require MFA for administrator accounts.

You may grant access to the Platform to individuals within your organisation. You are responsible for all actions taken by your authorised Users. You must revoke access promptly when a User leaves your organisation or changes role.

If you access the Platform through a Reseller, your primary commercial relationship is with that Reseller. AjnaView is not responsible for the Reseller's acts or omissions. These Terms apply to your use of the Platform regardless of your Reseller arrangement.

Subscription pricing, vehicle limits, and included features are set out in your Order Form or on our pricing page at the time of purchase. We reserve the right to change pricing with 30 days' notice to existing subscribers.

• Subscriptions are billed monthly or annually in advance, as selected at checkout.
• Payment is due on the billing date shown in your account dashboard.
• We accept payment by credit/debit card and bank transfer (Enterprise plans).
• All fees are exclusive of applicable taxes (VAT, GST, sales tax) which will be added at the applicable rate.
• Failed payments may result in suspension of access after 7 days' notice.

UK: You may cancel at any time via your account dashboard or by emailing info@vignancorp.com. Cancellation takes effect at the end of the current billing period.

California: In accordance with California's Automatic Renewal Law (ARL), you may cancel at any time using the same mechanism used to subscribe (your account dashboard). We will provide a clear acknowledgement of your cancellation.

USA (other states): Cancellation terms are as set out in your Order Form. Monthly plans cancel at end of current period. Annual plans: no refund for remainder of term unless otherwise agreed.

India: You may cancel at any time via your account dashboard. You are entitled to a pro-rated refund for annual plans where cancellation occurs due to material breach by AjnaView.

• Monthly subscriptions: no refunds are provided for partial months.
• Annual subscriptions: refunds for unused months are provided only where AjnaView has materially breached these Terms. We do not provide refunds for change of mind.

UK: Nothing in this clause affects your statutory rights under the Consumer Rights Act 2015 or Consumer Contracts Regulations 2013.

You are responsible for all applicable taxes on your subscription. UK customers will be charged VAT at the prevailing rate. Indian customers will be charged GST at the applicable rate. US customers: sales tax will be applied where required by state law.

You may use the Platform solely for your internal fleet management purposes (or, if a Reseller, to provide services to your end customers) in accordance with these Terms and applicable law.

You must not:

• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation
• Attempt to gain unauthorised access to any part of the Platform or its underlying infrastructure
• Reverse engineer, decompile, or attempt to extract the source code of the Platform
• Use the Platform to transmit malware, viruses, or other harmful code
• Resell or sublicense access to the Platform without our prior written consent
• Use the Platform to monitor individuals without their knowledge where required by law to obtain consent
• Interfere with or disrupt the integrity or performance of the Platform or data contained therein
• Scrape, crawl, or systematically extract data from the Platform using automated tools
• Use the Platform to process data for purposes incompatible with those disclosed to data subjects

You are responsible for ensuring that your use of the Platform complies with applicable employment law and data protection law in your jurisdiction, including:

• UK: Informing drivers of monitoring in accordance with UK GDPR and the Information Commissioner's guidance on employee monitoring (updated 2023)
• USA: Complying with applicable state wiretapping, electronic surveillance, and employee monitoring laws (which vary significantly by state)
• California: Providing notice under Labor Code Section 2810.3 and complying with CCPA where drivers are California residents
• India: Obtaining appropriate consent from drivers in accordance with the DPDP Act 2023

Driver dashcam footage may constitute processing of biometric data in some jurisdictions. Seek legal advice on consent requirements before deploying AI dashcams.

You retain ownership of all data you upload to or generate through the Platform (“Customer Data”). We do not claim any intellectual property rights in Customer Data.

By using the Platform, you grant us a limited licence to process Customer Data solely to provide and improve the services described in these Terms.

Where we process Personal Data on your behalf, we act as a data processor (UK/EU terminology) or service provider (California/US terminology).

You, as the fleet operator, are the data controller (UK/EU) or business (California) and are responsible for ensuring you have a lawful basis to collect and process driver and vehicle data.

Our collection and use of personal data is governed by our Privacy Policy, available at ajnaview.vignancorp.com/legal/privacy-policy. The Privacy Policy is incorporated into these Terms by reference.

We implement industry-standard security measures including TLS 1.3 encryption in transit, AES-256 encryption at rest, role-based access controls, and regular security testing. Details are set out in our Security page at ajnaview.vignancorp.com/company/security.

You are responsible for maintaining the security of your account credentials and for configuring appropriate access controls for your Users.

• UK: We will notify you of any personal data breach affecting your Customer Data within 72 hours of becoming aware of it, in accordance with UK GDPR Article 33.
• USA: We will notify you of any security breach affecting your data in accordance with applicable state breach notification laws (timeframes vary by state, typically 30-72 hours for critical infrastructure).
• California: We will notify you in the most expedient time possible and without unreasonable delay in accordance with California Civil Code Section 1798.82.
• India: We will notify you as soon as practicable upon becoming aware of a personal data breach, in accordance with the DPDP Act 2023.

The Platform, including all software, algorithms, user interfaces, documentation, and branding, is and remains the exclusive property of AjnaView and its licensors. These Terms do not grant you any rights in the Platform other than the limited licence to use it as described herein.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Platform during your Subscription term solely for your internal business purposes.

If you have entered into a white-label agreement with AjnaView, the licence terms, branding rights, and restrictions applicable to your use of the Platform are set out in your White-Label Agreement, which supplements these Terms.

If you provide us with suggestions, ideas, or feedback about the Platform (“Feedback”), you grant us a perpetual, irrevocable, royalty-free licence to use that Feedback for any purpose, including incorporating it into the Platform, without obligation to compensate you.

The Platform incorporates third-party open source components. A list of these components and their applicable licences is available on request. Nothing in these Terms restricts your rights under applicable open source licences.

We warrant that:

• We have the right to grant you the licence described in these Terms
• The Platform will perform materially in accordance with our documentation during the Subscription term
• We will implement and maintain reasonable security measures as described in Section 7.4
• We will comply with applicable laws in the provision of the Platform

We do not warrant third-party telematics hardware against manufacturer defects beyond the warranty provided by the hardware manufacturer.

AjnaView is not responsible for failures caused by:

• GPS device removal
• Device tampering
• Power disconnection
• Antenna obstruction
• Cellular network outages
• Satellite coverage limitations
• Third-party hardware defects

You warrant that:

• You have the authority to enter into this Agreement
• Your use of the Platform will comply with all applicable laws and regulations
• You have obtained all necessary consents to collect and process driver and vehicle data through the Platform
• The information you provide to us is accurate and complete

Except as expressly set out in these Terms, the Platform is provided “as is” and “as available”. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that: (a) the Platform will be uninterrupted or error-free; (b) GPS data will be 100% accurate; (c) AI-detected events will be free from false positives or negatives; or (d) the Platform will meet all of your specific requirements.

Dashcam recordings are provided for informational purposes only and should not be treated as definitive evidence in legal proceedings.

AjnaView does not warrant that:

• GPS positions are always accurate;
• Vehicle data is complete;
• Mobile network coverage will be continuously available;
• Third-party mapping data is error free;
• Driver behaviour events will always be detected;
• AI-generated events will be free from false positives or false negatives.

Video recordings, images, alerts, reports, and event data are provided for operational purposes only. AjnaView does not guarantee that any event will be recorded, uploaded, retained, or available for retrieval. Such information should not be relied upon as sole evidence in legal, insurance, employment, disciplinary, or regulatory proceedings.

The White-Label Partner shall ensure that its end-customer agreements contain liability limitations, disclaimers, and exclusions that are substantially equivalent to those contained in these Terms. The White-Label Partner shall indemnify AjnaView against claims arising from any failure to include such protections.

UK: Nothing in this clause excludes any warranty that cannot be excluded under the Consumer Rights Act 2015 or any other applicable law. Statutory rights are not affected.

India: Nothing in this clause excludes liability under the Consumer Protection Act 2019.

To the maximum extent permitted by applicable law, neither party shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, business, or goodwill, arising out of or in connection with this Agreement, even if advised of the possibility of such damages.

Customer assumes full responsibility for ensuring immobilisation commands are issued lawfully and safely.

To the maximum extent permitted by applicable law, our total aggregate liability to you arising out of or in connection with this Agreement shall not exceed the greater of: (a) the total fees paid by you to us in the twelve months preceding the claim; or (b) one hundred US dollars ($100) / one hundred pounds sterling (£100).

Nothing in these Terms limits or excludes either party's liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited by applicable law

This Agreement commences on the date you first access the Platform and continues until terminated in accordance with this Section.

You may terminate your Subscription at any time via your account dashboard or by contacting us at info@vignancorp.com. Termination takes effect at the end of your current billing period. You will retain access until the end of the paid period.

We may suspend or terminate your access immediately on written notice if:

• You materially breach these Terms and (where the breach is capable of remedy) fail to remedy it within 14 days of notice
• You fail to pay any amount due and do not remedy the failure within 7 days of notice
• You become insolvent, enter administration, or are subject to analogous proceedings in your jurisdiction
• We reasonably believe your use of the Platform poses a security risk or legal liability to AjnaView or other customers
• We are required to do so by law or a regulatory authority

On termination:

• Your licence to use the Platform ceases immediately
• You must delete or return any AjnaView Confidential Information in your possession
• We will make your Customer Data available for export for 30 days following termination, after which it will be deleted
• Accrued payment obligations, confidentiality obligations, intellectual property provisions, limitation of liability, and governing law provisions survive termination

Applies to customers contracting from the United Kingdom

These Terms are governed by the laws of England and Wales. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, except that either party may seek injunctive relief in any competent court.

UK: If you are a consumer, you may also bring proceedings in the courts of Scotland or Northern Ireland if you are domiciled there. Nothing in this clause affects your statutory rights.

Applies to customers contracting from the United States (excluding California)

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Pleasanton, California. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Class action waiver: You and AjnaView agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Applies to customers and consumers in California

These Terms are governed by the laws of the State of California. For consumers, disputes may be brought in the state or federal courts located in California. The class action waiver above does not apply to public injunctive relief claims under California law.

California consumers may also contact the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Applies to customers contracting from India

These Terms are governed by the laws of India. Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved by good faith negotiation between the parties for a period of 30 days. If unresolved, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act 1996, with a sole arbitrator appointed by mutual agreement. The seat of arbitration shall be Bengaluru, India. The language of arbitration shall be English.

If you are a consumer under the Consumer Protection Act 2019, you may also approach the appropriate Consumer Disputes Redressal Commission.

These Terms, together with the Order Form, Data Processing Agreement, Privacy Policy, and any applicable White-Label Agreement, constitute the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, and understandings.

We may amend these Terms at any time. For material changes, we will provide at least 30 days' notice by email and via the Platform. Your continued use after the effective date constitutes acceptance. If you do not accept the amended Terms, you may terminate your subscription before the effective date.

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity in the event of a merger, acquisition, or sale of substantially all of our assets, provided that the successor is bound by these Terms.

Neither party shall be liable for any delay or failure to perform its obligations under these Terms where such delay or failure arises from causes beyond that party's reasonable control, including acts of God, war, terrorism, pandemic, civil unrest, government action, or failure of telecommunications infrastructure. The affected party shall notify the other promptly and use reasonable endeavours to mitigate the impact.

Notices under these Terms shall be in writing and sent by email to: info@vignancorp.com (for AjnaView) or the email address registered to your account (for you). Notices are deemed received when sent, provided no delivery failure notification is received within 24 hours.

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

You agree to comply with all applicable export and import control laws and regulations. You represent that you are not on any government denied-party list and that you will not use or transfer the Platform in violation of applicable export laws.

Notwithstanding any provision of these Terms, AjnaView may enter into separate written agreements with certain customers, resellers, white-label partners, distributors, strategic partners, or enterprise customers.

Where a separate written agreement has been executed by both parties, the terms of that agreement shall prevail over these Terms to the extent of any conflict or inconsistency.

Such agreements may include, without limitation:

• White-Label Agreements
• Reseller Agreements
• Distribution Agreements
• Enterprise Master Service Agreements (MSAs)
• Statements of Work (SOWs)
• Partner Agreements
• Custom Commercial Agreements

Any provisions not expressly modified by the separate agreement shall remain subject to these Terms.