These terms of service ("the Terms") govern DriveGo's provision of the SaaS platform ("the Service") to business customers ("the Customer"). By entering into an agreement with DriveGo, you accept these Terms.
1. The agreement
The agreement between DriveGo and the Customer is formed upon the Customer's acceptance of a quote or order confirmation from DriveGo. These Terms together with the order confirmation constitute the entire agreement between the parties.
2. The Service
DriveGo is a SaaS platform for car dealers with modules for stock management, sales, workshop, parts, finance, website and intelligence. The modules the Customer has access to are set out in the order confirmation.
DriveGo aims for high availability and monitors the service continuously. No guaranteed uptime percentage has been agreed. Planned maintenance is announced with reasonable notice and is scheduled outside normal working hours where possible.
3. Prices and payment
Prices are set out in the order confirmation and are exclusive of VAT. Subscription fees are invoiced in advance: Start monthly, Pro and Enterprise quarterly. If annual prepayment is chosen, a full year is invoiced in advance. Payment terms are 14 days net from invoice date.
Late payment will incur interest in accordance with the Late Payment of Commercial Debts Act.
4. Subscription and cancellation
The Start subscription runs on a rolling basis with no minimum term. The Pro and Enterprise subscriptions have a minimum term of 12 months from the date the agreement is entered into; thereafter the subscription runs on a rolling basis. The Customer may choose Pro or Enterprise with no minimum term against a surcharge of 15 % of the package price. Outside a minimum term, the Customer may cancel the subscription in writing with 30 days' notice to the end of a calendar month. Where a period has been paid in advance (for example a quarter or a year), access to the Service continues until the end of that period, but the subscription does not renew after cancellation.
Upon cancellation, the Customer can export their own data in a structured format for up to 30 days after the subscription ends. After that, data is permanently deleted.
5. Customer responsibilities
The Customer is responsible for:
- Correct setup and use of the Service
- Protecting login credentials and user access
- Ensuring that the data loaded into the Service is lawful and accurate
- Compliance with applicable legislation in their use of the Service
6. Data protection
DriveGo processes personal data as a data processor on behalf of the Customer. A separate data processing agreement is entered into, which forms an appendix to this agreement. Read our privacy policy.
7. Intellectual property
All rights to the Service, including source code, design, trade marks and documentation, belong to DriveGo. The Customer is granted a non-exclusive, time-limited right to use the Service during the subscription period.
The Customer owns their own data and the content they upload to the Service.
8. Liability
DriveGo's total liability is limited to the subscription payments made in the last 12 months. DriveGo is not liable for indirect losses, including loss of business, loss of profit or loss of data.
The limitation of liability does not apply in cases of wilful misconduct or gross negligence.
9. Force majeure
Neither party is liable for failure to perform the agreement as a result of circumstances outside their control, including power outages, third-party network failures, natural disasters, strikes, war or regulatory measures.
10. Changes
Amendments to these Terms and to the agreement must be in writing and signed by both parties. DriveGo may, however, adjust prices on 30 days' written notice, at the earliest after the end of the first minimum term. If an adjustment exceeds the net price index, the Customer may terminate the agreement extraordinarily with effect from the date the adjustment takes effect.
11. Governing law and jurisdiction
This agreement is governed by English law. Disputes shall be resolved in the courts of England and Wales.
12. Contact
Questions about these Terms can be directed to info@drivego.dk.