Terms of Service

Overview

These Terms of Service (“Terms”) govern access to and use of Nova RentalHub (the “Service”), provided by Nova Telematics Ltd. (“Nova”, “we”, “us”). By creating an account, signing an order form, or using the Service, you agree to these Terms. If you use the Service on behalf of an organization (an “Operator”), you represent that you have authority to bind that entity, and “you” refers to the Operator. Individuals using an Operator account are “Authorized Users”; individuals renting from an Operator are “Customers”. Operators are responsible for their Authorized Users and Customers.

1. The Service

The Service is multi-tenant rental and fleet software. Features may include reservations, pricing, contracts, invoicing, telematics integrations (e.g., Geotab, Navixy), notifications (e.g., SMS/WhatsApp/email), analytics, and related tools. Some features are optional and enabled at the Operator’s discretion. Evaluation/Beta features may be provided “as is”. Output (e.g., quotes, contracts) may depend on Operator-configured templates and rules.

2. Accounts, Eligibility, Acceptable Use

• Eligibility: You must be the age of majority in your jurisdiction; the Service is not directed to children under 16.
• Security: Keep credentials confidential; notify us promptly of unauthorized access.
• Acceptable Use: Do not: reverse engineer; bypass security; introduce malware; infringe rights; scrape at scale; overload or disrupt; or misrepresent identity. Do not use immobilization or other safety-affecting features without lawful authority, appropriate policies/consents, and operational safeguards. Comply with road-safety, telematics, messaging, and privacy laws (e.g., consent for GPS tracking and communications).

3. Roles & Data Ownership

Operator as Controller. For personal data in an Operator workspace, the Operator is typically the controller and Nova acts as processor under the Data Processing Addendum (DPA). Operators retain ownership of their content (“Operator Content”). You grant Nova a license to host/process Operator Content to provide, secure, and improve the Service and to create de-identified/aggregated insights.

Nova is a controller for certain data (e.g., our websites, billing, product analytics). See our Privacy Policy for details.

4. Subscriptions, Fees, Taxes

• Plans & Quantities: Access is per plan and quantities (e.g., per-vehicle). Order forms, online checkout, or the plan picker specify pricing and scope.
• Billing: Fees are typically billed in advance via payment processors (e.g., Stripe). You authorize recurring charges and applicable taxes. Unless required by law, fees are non-refundable.
• Trials & Promotions: Subject to stated terms and may be modified or withdrawn.
• Late/Non-Payment: We may charge interest or suspend access for overdue amounts.
• Taxes: Fees exclude taxes; you are responsible for applicable taxes.

5. Term, Cancellation, Termination

• Term: Subscriptions auto-renew at then-current rates unless cancelled.
• Cancellation: You may cancel renewal at any time; access continues through the paid term.
• Termination for Cause: Either party may terminate for uncured material breach with 30 days’ notice (10 days for non-payment). We may suspend/terminate immediately for unlawful use, severe security risks, or abuse.
• Post-Termination: Access ends. We provide a reasonable export window unless prohibited by law or third-party restrictions.

6. Third-Party Services

Integrations (e.g., Geotab, Navixy, Stripe, Twilio/WhatsApp, Google Cloud) are provided under their own terms and policies. We are not responsible for third-party services. Enabling an integration authorizes us to exchange data with that provider as needed to operate the integration.

7. Intellectual Property & Feedback

The Service (software, UI, documentation, logos, and trademarks) is owned by Nova and its licensors. No rights are granted except as expressly stated. You grant Nova a perpetual, irrevocable, royalty-free license to use feedback or suggestions you provide.

8. Confidentiality

Each party may receive the other’s confidential information and will protect it with reasonable care, using it only to perform under these Terms. Exclusions apply to information that is public, independently developed, or lawfully obtained from another source. Disclosures required by law are permitted with reasonable notice where allowed.

9. Security & Data Protection

We implement technical and organizational measures (e.g., encryption in transit/at rest, role-based access controls, logging, backups). See Security & Compliance and the Privacy Policy. A DPA is available where applicable.

10. Disclaimers

The Service is provided “as is” and “as available”. To the extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation, nor that outputs will meet legal or regulatory requirements without Operator review.

11. Limitation of Liability

To the maximum extent permitted by law, neither party is liable for indirect, special, incidental, consequential, exemplary, or punitive damages, or for lost profits, revenues, or data, even if advised of the possibility. Each party’s aggregate liability arising out of or relating to the Service is limited to the amounts you paid to Nova for the Service in the 12 months preceding the claim, excluding: (i) your payment obligations; (ii) your breach of IP rights; or (iii) liability that cannot be limited by law.

12. Indemnification

Your indemnity: You will defend and indemnify Nova and its personnel from third-party claims arising from your misuse of the Service, Operator Content, breach of these Terms, or violation of law (including improper immobilization). Our indemnity: We will defend and indemnify you from third-party claims that the unmodified Service, used as permitted, directly infringes intellectual property rights, subject to your prompt notice and cooperation, and customary exclusions.

13. Governing Law & Disputes

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the courts in British Columbia, Canada. Either party may seek injunctive relief in any court of competent jurisdiction.

14. Changes

We may update the Service and these Terms. Material changes will be notified via the Service or email. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service and cancel renewal where applicable.

15. Miscellaneous

• Order of Precedence: If there is a conflict, an executed order form or master agreement prevails over these Terms.
• Export: You must comply with applicable export and sanctions laws.
• Messaging: You are responsible for lawful use of SMS/WhatsApp/email (e.g., consents, content). We may throttle or block abusive traffic.
• Force Majeure: Neither party is liable for delays due to events beyond reasonable control.
• Assignment: You may not assign without consent, except to an affiliate or in a merger, acquisition, or sale of substantially all assets with notice; Nova may assign in similar circumstances.
• Severability; No Waiver: Unenforceable terms are modified to reflect intent; failure to enforce is not a waiver.
• Notices: We may provide notices via the Service or email; you will send legal notices to support@novatelematics.com (or as otherwise designated).

16. Contact

Questions about these Terms: support@novatelematics.com

Nova Telematics Ltd., Canada