Terms of Service
Last Updated: January 31, 2024
1. Introduction
1.1 Purpose
These Terms of Service (the “Agreement”) establish a contractual relationship between UAB “DPU Systems” (referred to as “Avollo,” “we,” “us,” or “our,” with company code: 302442290 and registered address at Gedimino pr. 45-4, LT-01109 Vilnius, Lithuania) and the user (“Customer,” “you,” or “your”). It delineates the terms and conditions governing the use of the Avollo: Cloud Fleet Management services (“Services”). By accessing or using the Services, you explicitly agree to comply with and be bound by the provisions of this Agreement.
2. Account Registration
2.1 Eligibility
To use the Service, you must be at least 18 years old. By agreeing to these terms, you confirm that you meet this age requirement.
2.2 User Information
During the account registration process, you agree to provide accurate, current, and complete information. This includes your full legal name, the legal name of your business (if applicable), a valid email address, and any other information requested during the sign-up process. Avollo reserves the right to store and/or remove any personally identifiable information from your account as outlined in our Privacy Policy.
2.3 Security
You are responsible for maintaining the confidentiality and security of your account password. Avollo is not liable for any loss or damage resulting from your failure to comply with this security obligation. In the event of a dispute over account ownership, Avollo will be the sole arbiter of such disputes.
2.4 Multiple Logins
While you may create multiple logins for a single account, each login is intended for use by a single individual. Sharing a single login among multiple people is not permitted.
3. User Responsibilities
3.1 Compliance
You are obligated to use the Service in a lawful manner and must not violate any applicable laws, rules, or regulations. This includes, but is not limited to, compliance with copyright laws.
3.2 Prohibited Activities
Users are expressly prohibited from attempting to modify, reverse engineer, or interfere with any technical aspects of the Service. This includes but is not limited to any software provided by Avollo in connection with the Service.
3.3 Asset Management
The Service is intended for the management of assets within the limits defined by the Services plan. Customers may only use the Services for the number of assets specified in their plan or as otherwise indicated in the Ordering Document.
4. Term, Billing, and Payment
4.1 Trial Period
Avollo may grant a limited trial period during which users can access the Service free of charge. Following the trial, a recurring service fee will be charged in advance for the selected Service Period.
4.2 Automatic Renewal
Unless explicitly canceled by you or Avollo, your account will be automatically renewed at the end of each Service Period. Cancellation can be done through the Account Settings screen or by notice delivered to your email on file.
4.3 Billing
Users will be billed a non-refundable fee in advance of each Service Period. No refunds or credits will be issued for partial use, cancellations, or unused months with an open account. Any questions about charges should be addressed promptly to Avollo.
4.4 Fee Changes
Avollo reserves the right to change prices for the Service and any connected extra services. Notice of such changes will be provided at least 30 days in advance by posting the changes to the Service itself.
4.5 Free Cloud Services
Avollo provides certain free cloud services and functionality “AS IS.” We reserve the right to change the conditions and composition of the provision of free services unilaterally at our sole discretion.
5. Cancellation and Termination
5.1 Cancellation
Users are solely responsible for properly canceling their accounts. Upon cancellation, all user information may be immediately deleted from the Service, including secure servers used for data storage.
5.2 Abuse
Any abuse of the Service, as determined by Avollo, may lead to the termination of user accounts. Avollo retains the right to define what constitutes abuse.
6. Authorized Users
6.1 Designation
Customers are entitled to designate individuals as Authorized Users of the Services. Authorized Users, whether employees or non-employees, are required to comply with the terms of these Terms of Use. Customers are responsible for providing Avollo with necessary identifying information for Authorized Users.
7. Privacy
7.1 Privacy Policy
Refer to our Privacy Policy for comprehensive information about the collection and use of personally identifiable information, including Cookies.
8. No Warranties or Representations
8.1 Disclaimer
The Service is provided “AS IS” and “AS AVAILABLE,” and Avollo disclaims all warranties, whether express or implied. This includes, but is not limited to, warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement.
9. Sensitive Information
9.1 Transmission Prohibition
Users, including Authorized Users, are prohibited from transmitting, uploading, or processing any Sensitive Information through the Services. Sensitive Information includes various categories such as personal financial data, health information, and government identifiers.
10. Anonymized, Aggregated Data
10.1 Data Processing
Avollo may automatically collect usage data and information generated by, submitted, or uploaded to the Services. This data is processed to generate anonymized, aggregated statistical data for internal purposes, such as benchmarking and service improvement. This data does not contain Confidential Information or personally identifiable information.
11. Limitations of Liability
11.1 Exclusion of Damages
To the maximum extent permitted by law, neither Avollo nor its affiliates shall be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.
12. Intellectual Property
12.1 License
Subject to compliance with these Terms of Service, Avollo grants users a limited, non-exclusive, non-transferable, and revocable license to use the Service solely for the purpose intended by Avollo. Users do not acquire any ownership interest in the Service.
13. Indemnification
13.1 User Obligation
Users agree to indemnify and hold Avollo, its affiliates, and their respective officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses.
14. Governing Law, Venue, and Dispute Resolution
14.1 Jurisdiction
This Agreement is governed by the laws of the Republic of Lithuania, without regard to its conflict of laws principles. Any dispute arising from or relating to this Agreement will be subject to arbitration in accordance with the Republic of Lithuania Commercial Arbitration Rules, with the venue in the courts at the place of registration of the company in the Republic of Lithuania.
15. Force Majeure
15.1 Definition
Neither party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, an act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, or interruption or failure of electricity or server, internet, or communication services.
16. Notices
16.1 Communication
All communication with the support service, claims, complaints, abuses, investigations, advertising offers, and other possible communications are carried out through the Contacts page on our website.
17. General
17.1 Entire Agreement
These Terms of Service constitute the entire agreement between you and Avollo. It supersedes any prior agreements or understandings, whether oral or written, relating to the subject matter hereof.
Last Updated: January 31, 2024