These Drivewyze by Fleetworthy Terms of Service are applicable to Fleetworthy Customers who opt-in for the Drivewyze Services and supplement the General Terms of Service applicable to the Customers’ Fleetworthy account. By accepting or continuing to use Drivewyze Services after receipt of these Terms of Service, Customer agrees as follows:
1. Acceptable Use.
Except as otherwise agreed in writing by Fleetworthy, Customer agrees on behalf of itself and the End Users to:
- Obtain permission from a vehicle lessor to electronically screen the vehicle credentials when Customer is leasing a vehicle in which Software has been downloaded to a device;
- Use the lanes designated as Drivewyze lanes, where available, and obey all applicable laws, regulations and guidance in the use of the Software and Services;
- Notify Fleetworthy of any message conflicts from an alternate in-cab transponder so that they can be resolved in the Drivewyze system;
- Report to Fleetworthy in a timely manner any changes relevant to account, vehicle or fleet information;
- Use Drivewyze Services only in vehicles registered with Fleetworthy for that Service and on devices owned or controlled by Customer, and in strict accordance with laws and policies applicable to the Drivewyze Services;
- Use Drivewyze Services only in vehicles registered with Fleetworthy for that Service and on devices owned or controlled by Customer, and in strict accordance with laws and policies applicable to the Drivewyze Services;
- Keep Fleetworthy updated with all information regarding all vehicles permitted for driving under the Customer’s Department of Transportation (“DOT”) number, and notify Fleetworthy immediately if a vehicle is no longer approved or driving under the DOT number; and
- Except as expressly provided under applicable law, not circumvent any technical limitations, decode, decompile, disassemble, derive the source code or otherwise reverse engineer, copy, modify, translate, create Improvements, reproduce, republish, upload, post, transmit, or distribute in any way, the Software or Services, including via a timesharing, service bureau, or other arrangement.
2. Florida Agricultural Inspection Site Usage Important Notice and Additional Terms.
Florida Agricultural Inspection Site Usage Important Notice and Additional Terms. Customers may opt in for an additional feature of the Service, for no additional charge, that allows Customer to be eligible to participate and receive bypasses at Florida Agriculture Sites. By entering into a Services Agreement for the provision of Services, Customer agrees to the program criteria for the vehicle being driven and must comply with all statutes and rules in order to participate as outlined in Chapter 570 of Florida Statutes and Rule 5A-16.005. Customers who fail to stop and submit to agriculture inspections when required by law are subject to administrative and criminal penalties. Customers who fail to comply with the program criteria or otherwise violate the governing laws are subject to loss of participation in the pre-clearance program. By entering into a Services Agreement for the provision of Services, the Customer and ultimate transporter of the vehicle being driven hereby:
- Agrees to directly provide to the Florida Department of Revenue when notified, all Florida destination bills of lading in an approved electronic format. This includes bills of lading for shipments that originated outside Florida that are delivered to a final destination in Florida. These electronic bills of lading must be submitted on a calendar quarter basis, unless an alternative reporting cycle is approved in writing by the Florida Department of Revenue. This data must be received by the Florida Department of Revenue within 30 days after the end of each quarter.
- Shall be engaged primarily in the transportation of commodities other than commodities over which the Florida Department of Agriculture and Consumer Services (FDACS) exercises regulatory authority. Customers who routinely or regularly transport agricultural, horticultural, aquaculture, livestock or other commodities over which FDACS exercises regulatory authority are ineligible to participate in the pre-clearance program.
- Understands that enrollment in the Service does not preclude any FDACS representative from inspecting the cargo, or absence thereof, regular manifest and/or other bills of lading of all vehicles at all Florida terminals or drop sites any time, as provided by Florida Statutes.
- Agrees that each and every truck shipment which contains or includes agricultural, horticultural, aquaculture, livestock or other commodities over which FDACS exercises regulatory authority will voluntarily stop at all agricultural inspection stations and declare such commodities even when enrolled in the Service.
- Understands that all vehicles enrolled in the pre-clearance program approaching a specified agricultural inspection station may be randomly selected and routed into the inspection station.
