Terms of Service

Last updated: September 1, 2026

⚖️ By using FleetMate you agree to all our Terms of Service, Privacy Policy and Data Protection agreements.

Welcome to FleetMate. These Terms of Service govern your use of our platform. Please read them carefully before using our services.

1. Definitions

"FleetMate Venture" ("FleetMate", "we", "our", "us") means the Kenyan company that owns and operates the FleetMate platform.

"Platform" means the FleetMate web and mobile applications, website, APIs, and related services.

"User" ("you") includes Fleet Owners/Managers, Drivers, Administrators, Accountants, and Partners.

"Partner" includes insurance firms, garages, lenders, telematics providers, and payment processors.

"Account" means a registered profile used to access the Platform.

2. Acceptance of Terms

By creating an account or using the Platform, you agree to these Terms, our Privacy Policy, and any partner terms. If you do not agree, do not use the Platform.

3. Eligibility
  • You must be at least 18 years old and have legal capacity to contract.

  • If acting for a business, you represent that you have authority to bind that business.

  • FleetMate may verify identity, business registration, or authority.

4. Account Registration & Security
  • Provide accurate, complete information and keep it up to date.

  • You are responsible for safeguarding credentials and all activity under your account.

  • Notify FleetMate promptly of any unauthorized access or breach.

5. Use of the Platform

You agree to use the Platform lawfully and only for its intended purpose. You will not:

  • Reverse engineer, interfere with, or misuse the Platform

  • Upload malware or malicious code

  • Submit false or unlawful data

You are responsible for the accuracy and legality of data you input (fleet, vehicle, driver, payment, or partner data).

6. Roles & Responsibilities

Fleet Managers

Manage vehicles and drivers, maintain accurate records, comply with licensing, insurance, and transport laws.

Drivers

Provide accurate trip, remittance, and performance data; keep login credentials private; follow fleet and road-safety rules.

Partners

Comply with integration and data-sharing rules; use data only as permitted; keep credentials secure. Categories include insurers, garages, lenders, telematics providers, and payment processors.

7. Payments, Subscriptions & Billing
  • Plans may be priced per vehicle or feature set; fees are billed in advance and may include taxes or payment charges.

  • Payments are accepted via M-Pesa, bank transfer, or cards through certified processors.

  • FleetMate does not store sensitive card data.

  • Failure to pay may result in suspension; refunds follow the Refund Policy if applicable.

M-Pesa Paybill Integration Consent

By using FleetMate's payment collection features, you acknowledge and consent that:

  • You authorize FleetMate Venture to connect your M-Pesa Paybill business short code to our platform for the purpose of receiving and processing driver remittance payments on your behalf.

  • FleetMate will receive payment notifications (C2B callbacks) from your connected Paybill to automatically reconcile driver payments within the platform.

  • All funds received through your Paybill remain in your M-Pesa business account. FleetMate only receives transaction notifications for record-keeping and reconciliation purposes.

  • You are responsible for ensuring your Paybill is properly registered and compliant with Safaricom and Central Bank of Kenya regulations.

8. Partner Garage Network

FleetMate operates a Partner Garage Network that connects fleet owners with verified automotive service providers offering discounted rates. By participating in this network, the following terms apply:

For Fleet Owners/Managers

  • Partner garages offer exclusive discounts to FleetMate users as displayed on the platform
  • Use of partner garages is optional; you may use your own preferred garages
  • Service quality and pricing are the responsibility of individual partner garages
  • FleetMate acts as a facilitator and is not liable for services rendered by partner garages

For Partner Garages

  • By joining the network, you agree to provide the stated discount rates to FleetMate users
  • FleetMate earns a commission on services booked through the platform as agreed in your partnership terms
  • Commissions are invoiced periodically and payable within the specified due date
  • You must maintain accurate service records and honor quoted prices

Commission & Payment Terms for Partner Garages

  • Commission Rate: As specified in your individual partnership agreement (typically 4-6% of service value)

  • Invoicing: FleetMate will raise commission invoices periodically (monthly or as agreed)

  • Payment Methods: Commissions can be paid via M-Pesa Paybill or bank transfer using the invoice number as reference

  • Payment Due: Within 14 days of invoice date unless otherwise agreed

  • Late Payment: Overdue invoices may result in suspension from the partner network

  • Receipts: Payment receipts will be issued automatically upon payment confirmation

FleetMate reserves the right to remove partner garages from the network for non-compliance, poor service quality ratings, or non-payment of commissions.

9. Data Privacy & Security

We process personal data under Kenya's Data Protection Act (2019) and applicable laws. See our Privacy Policy for details on collection, use, retention, international transfers, and your rights.

10. Third-Party Services & Integrations

FleetMate integrates with third parties such as telematics or payment providers. Their services are subject to their own terms. We may change, suspend, or discontinue integrations.

11. Driver Notification & Communication Costs

FleetMate provides automated driver notification features including SMS alerts, payment reminders, billing updates, and other communication services. By using these features, you acknowledge and agree to the following:

  • Client Responsibility: All costs associated with driver notifications — including but not limited to SMS charges, messaging API fees, WhatsApp Business API costs, push notification costs, and any other communication channel fees — are entirely borne by the client (fleet owner/partner).

  • Third-Party Providers: Notification services are delivered through third-party providers (e.g., Africa's Talking, Twilio, WhatsApp Business API). Their pricing, terms, and service availability govern the cost and delivery of messages. FleetMate does not subsidize these costs.

  • Usage-Based Billing: Communication costs are usage-based and will be deducted from your FleetMate account credits or billed separately depending on your subscription plan and configuration.

  • No Liability for Delivery Failures: FleetMate is not liable for undelivered messages, delays, or additional charges resulting from network issues, invalid phone numbers, carrier restrictions, or third-party service outages.

  • Cost Monitoring: Clients are responsible for monitoring their notification usage and credit balances. FleetMate may suspend notification services if account credits are insufficient.

By enabling driver notifications on the FleetMate platform, you expressly agree to bear all associated communication costs as outlined above.

11. Intellectual Property

FleetMate, all software, content, and trademarks are owned by FleetMate Venture or its licensors. We grant you a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose.

No other rights are granted.

13. Limitation of Liability

Neither party is liable for:

  • Indirect, incidental, special, consequential, or punitive damages

  • Loss or corruption of data

  • Lost profits, revenue, or goodwill

This does not limit liability for fraud, gross negligence, willful misconduct, IP infringement, or payment obligations. Each party's aggregate liability is limited to the fees paid in the 12 months preceding the claim.

14. Subscription Cancellation & Account Termination

Subscription Cancellation

  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of your current billing cycle
  • Upon cancellation, your account will be restricted and you will lose access to the Platform

Data Deletion Policy

  • 30-Day Grace Period: After subscription cancellation, your data will be retained for 30 days
  • You will receive an email notification confirming the scheduled data deletion date
  • Reactivation: You may reactivate your subscription anytime within the 30-day period to retain your data

Permanent Data Deletion

After the 30-day grace period expires, all your data will be permanently deleted, including:

  • All driver records and profiles
  • All vehicle information and assignments
  • Payment history and financial records
  • Service records and maintenance logs
  • Insurance policies and documents
  • All reports and analytics data

⚠️ This deletion is irreversible. Once data is deleted, it cannot be recovered.

FleetMate-Initiated Termination

We may suspend or terminate access for:

  • Breach of these Terms

  • Unlawful activity

  • Security risks

  • Non-payment or subscription expiry

The same 30-day data retention policy applies to FleetMate-initiated terminations.

15. Indemnification

You will indemnify and hold FleetMate Venture harmless from claims arising out of:

  • Misuse of the Platform

  • Violation of these Terms

  • Disputes among your users, staff, or partners

16. Modifications

FleetMate may update these Terms by posting a revised version. Continued use constitutes acceptance.

17. Governing Law & Venue

These Terms are governed by the laws of the Republic of Kenya. The parties submit to the exclusive jurisdiction of competent courts in Nairobi, Kenya.

18. Contact Information