VehiX360 Terms of Service

These Terms of Service ("Terms") govern your access to and use of the VehiX360 websites, applications, and services (collectively, the "Services"). The Services are operated by CRESO Holdings LLC, a Texas limited liability company, doing business as VehiX, VehiX360, and VehiX360.com (collectively referred to as "VehiX360," "Company," "we," "us," or "our").

By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of an organization (a "Customer"), including any government agency, municipality, or public sector entity, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Services.

1) Who Can Use the Services

The Services are intended for business and organizational use. You must be legally able to enter into a binding contract to use the Services.

Customer administrators may invite End Users (e.g., drivers, managers). End Users may use the Services only as authorized by the Customer.

2) Accounts, Roles, and Access

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

Customers control role-based access (e.g., admin, manager, driver). VehiX360 may rely on the permissions granted by the Customer.

3) Subscription, Fees, and Billing

If you purchase a subscription, you agree to pay the fees described at the time of purchase.

• All new accounts begin with a full 30-day free trial with complete access to all features. No credit card is required during the trial period.
• After your trial ends, payment is due upfront before your subscription begins. Monthly plans are billed in full each month. Annual plans are billed in full for 12 months upfront.
• We accept credit card payments only (Visa, Mastercard, American Express, Discover), processed securely through Stripe.
• Taxes may apply and will be charged where required.
• If payment is late or fails, we may suspend or terminate access to the Services.
• Unless otherwise stated, subscription fees are non-refundable.

Annual Subscription Terms

If you select annual billing, the following additional terms apply:

• Discount: Annual subscriptions receive a 25% discount off the standard monthly rate. This discounted rate is locked for the duration of your annual term.
• Payment: The full annual subscription amount is due upfront on day 1 of your subscription (immediately after your trial ends). Your annual term begins on your subscription start date and renews every 12 months.
• Plan Modifications:
  • Months 1–12: Your plan is locked for the duration of your annual term. Upgrades and downgrades are not permitted during this period.
  • Final 30 Days (Renewal Window): You may upgrade, downgrade, or switch to monthly billing for the next term.
• Cancellation and Refunds:
  • Within First 2 Months: If you cancel within the first 2 months of your annual term, you may be eligible for a partial refund. You will forfeit the annual discount and be charged the standard monthly rate for the months you used the service. The refund amount equals the amount paid minus the full monthly rate for each month of usage.
  • Months 3–12: No cancellation or refund is available. You are committed to the full annual term. Your service will remain active until the end of your current annual term.
• Renewal: Annual subscriptions automatically renew at the then-current annual rate unless you cancel or modify your plan during the renewal window (final 30 days of your term).

4) Customer Data and Content

A) Customer Data Ownership

As between VehiX360 and the Customer, the Customer owns the data submitted to the Services ("Customer Data"), including vehicle records, checkout/check-in logs, incident reports, notes, photos, attachments, compliance records, and related operational documentation.

B) License to Provide the Services

You grant VehiX360 a limited license to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Services and to fulfill our obligations under these Terms.

C) Customer Responsibilities

The Customer is responsible for:

• ensuring End Users are authorized and trained
• maintaining accurate vehicle and driver records
• ensuring Customer Data is lawful and does not violate third-party rights
• obtaining required consents (including for photos of vehicles or property)

D) Storage Quotas and Data Retention

Each vehicle in the system is allocated up to 25GB of storage for photos, attachments, and documents. This storage is used for:

• Vehicle inspection photos from checkout/check-in workflows
• Incident report attachments (images, PDFs, and other documents)
• VIN scan images and related documentation

Retention Period: Photos and attachments are retained for up to 180 days, after which they may be automatically deleted to manage storage usage. Customers are responsible for exporting or archiving any data they wish to retain beyond this period.

Quota Management: If storage usage approaches the per-vehicle limit, you may receive notifications to manage your data. Platform operators may configure data retention policies to automatically manage storage within these limits.

E) Multi-Tenant Architecture and Data Separation

VehiX360 operates as a multi-tenant platform. Customer data may be stored in shared infrastructure, including shared databases, with logical segregation controls.

• Tenant-scoped access controls are enforced at the application layer.
• Database-level isolation controls, including row-level security (RLS) policies, are used to enforce tenant separation.
• Certain system-level operations (for example, platform maintenance, security monitoring, retention jobs, and support workflows) may be executed with elevated service context under internal access controls and audit logging.

5) Acceptable Use

You agree not to:

• use the Services for unlawful, fraudulent, or abusive purposes
• attempt to gain unauthorized access to systems or data
• interfere with or disrupt the Services
• reverse engineer, decompile, or attempt to extract source code (except where prohibited by law)
• upload malware or harmful code
• misuse photos/attachments or upload prohibited content

We may suspend or terminate accounts that violate these Terms.

6) Platform Requirements, Devices, and Data Storage

A) Cloud-Based Platform

VehiX360 is a cloud-based software-as-a-service (SaaS) platform. All Customer Data, including vehicle records, photos, inspection data, incident reports, user information, and attachments, is stored on our secure cloud infrastructure. No Customer Data is stored locally on End User devices.

B) Customer-Provided Devices and Internet Access

VehiX360 does not provide, sell, lease, or support any hardware, devices, or equipment. To access and use the Services, Customers and End Users must provide their own:

• Internet-enabled devices (computers, tablets, smartphones)
• Web browsers compatible with the Services
• Reliable internet connectivity
• Camera-equipped devices (if using photo capture or VIN scanning features)

VehiX360 is not responsible for:

• The performance, security, maintenance, or compatibility of Customer-provided devices
• Internet connectivity issues, outages, or service interruptions caused by Customer's internet service provider
• Data loss or security breaches resulting from compromised, lost, or stolen devices
• Device malfunctions, hardware failures, or software conflicts on Customer devices
• Any costs associated with acquiring, maintaining, or replacing devices or internet service

C) Data Accuracy and User Responsibility

Customers and End Users are solely responsible for the accuracy, completeness, and integrity of all data entered into the Services, including but not limited to:

• Vehicle information (VIN, license plate, make, model, mileage, fuel levels)
• Asset and inventory information (including fixed-asset serial numbers, inventory quantities, and assignment/restock records)
• Checkout and check-in records (odometer readings, condition notes, timestamps)
• Inspection responses and checklists
• Incident reports (damage descriptions, severity assessments, location information)
• Maintenance records and service history
• User profile information

VehiX360 does not independently verify the accuracy of data entered by users. Features such as VIN scanning and OCR are provided as convenience tools and may not be 100% accurate. Users must review and verify all scanned or auto-populated data before saving.

VehiX360 shall not be held liable for any errors, omissions, discrepancies, or consequences arising from inaccurate data entry by Customers or End Users.

7) Photos, Inspections, VIN Scanning, and Incident Reporting

The Services may allow photo capture/upload, VIN scanning, and incident reporting as part of vehicle check-out/check-in workflows.

You acknowledge:

• inspection photos and notes may be used by the Customer for fleet accountability and documentation
• Customer administrators may view and export records based on permissions
• VehiX360 does not guarantee that photos or inspection steps will detect all damage or safety issues
• incident attachments may include various file types (images, PDFs, documents) with associated metadata

VIN Scanning

VehiX360 offers VIN (Vehicle Identification Number) scanning features using optical character recognition (OCR) technology, including Google Cloud Vision API. By using VIN scanning features:

• you consent to images being processed by third-party services for text recognition
• you acknowledge that VIN scanning accuracy depends on image quality and may not be 100% accurate
• you are responsible for verifying that scanned VIN data is correct before saving

8) No GPS / Not a Telematics System

Unless explicitly enabled through a separate VehiX360 feature or integration, VehiX360 is not a GPS tracking or telematics service. The Services focus on accountability workflows, inspections, incidents, and audit history.

9) Intellectual Property

VehiX360 and its licensors own all rights, title, and interest in the Services, including software, designs, and trademarks.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services during your subscription term.

10) Third-Party Services

The Services may integrate with third-party services, including but not limited to:

• Payment processors (e.g., Stripe) for subscription billing
• Affiliate payout and onboarding providers (e.g., Stripe Connect) for partner payout processing, identity/KYC workflows, and tax reporting workflows
• Address verification providers (e.g., Smartly/Smarty) if enabled for tenant, billing, or compliance workflows
• Google Cloud Vision API for VIN scanning and optical character recognition
• Vehicle safety recall sources (e.g., NHTSA APIs) for recall lookup workflows
• Fuel-price data collection providers (e.g., ScrapingBee) and source websites (e.g., AAA and Natural Resources Canada) used to estimate fuel usage/cost metrics
• Email service providers for transactional and newsletter communications

VehiX360 may store references, metadata, and outputs from these integrations (for example, recall records, invoice identifiers, receipt links, tax exemption records, and compliance dates) to support Services functionality.

VehiX360 does not store full payment card numbers or full banking account numbers used for payment processing; those are handled by our payment providers. Information required for affiliate payouts, identity verification, and tax reporting may be collected and processed by integrated payout providers under their terms.

Customers may review our Subprocessor Categories and DPA Summary, or request current contractual versions by contacting privacy@vehix360.com.

Your use of third-party services is subject to their respective terms and policies. VehiX360 is not responsible for third-party services.

11) Referral Program

VehiX360 may offer a referral program that allows partners and users to refer new Customers.

• Referral commissions, if any, are subject to separate referral partner agreements.
• VehiX360 reserves the right to modify, suspend, or terminate the referral program at any time.
• Fraudulent referrals or manipulation of the referral system may result in forfeiture of commissions and account termination.
• Referral partners may receive limited information about referred accounts for program administration purposes only.
• Affiliate payout eligibility may require completion of identity/KYC and tax onboarding steps through a third-party payout provider.
• Tax reporting workflows for affiliates (including U.S. thresholds and form handling) may be administered through third-party payout providers.

12) Newsletter and Marketing Communications

If you subscribe to our newsletter or marketing communications:

• You consent to receive periodic emails about VehiX360 features, tips, industry insights, and promotional content.
• You may unsubscribe at any time using the link provided in each email.
• Unsubscribing from marketing communications does not affect transactional emails (billing, security alerts, service notices).

13) Service Availability, Changes, and Support

We strive to keep the Services available, but they may be interrupted due to maintenance, updates, or events beyond our control.

We may modify, add, or remove features. If a change materially reduces core functionality, we will provide reasonable notice where practicable.

Support is provided according to your plan or support policy, if any.

14) Termination

You may stop using the Services at any time. Customers may terminate their subscription according to their plan terms.

We may suspend or terminate access if:

• you violate these Terms
• you fail to pay fees when due
• we must do so to comply with law or protect the Services

Upon termination:

• your right to use the Services ends
• the Customer remains responsible for unpaid fees
• Customer Data handling will follow our data retention and deletion practices as described in the Privacy Policy and/or applicable agreements

15) Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRESO HOLDINGS LLC AND ITS DBAS (VEHIX, VEHIX360, VEHIX360.COM) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

CRESO HOLDINGS LLC AND ITS DBAS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED IMMEDIATELY. THE SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL JUDGMENT OR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.

16) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• CRESO HOLDINGS LLC, ITS DBAS (VEHIX, VEHIX360, VEHIX360.COM), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY.
• THE TOTAL AGGREGATE LIABILITY OF CRESO HOLDINGS LLC AND ITS DBAS ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES IN THE 3 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

(Some jurisdictions do not allow certain limitations; in that case, the limitation applies to the maximum extent permitted by applicable law.)

17) Indemnification

The Customer agrees to indemnify, defend, and hold harmless CRESO Holdings LLC, its DBAs (VehiX, VehiX360, VehiX360.com), and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Customer Data or content uploaded, transmitted, or stored through the Services
• the Customer's or End Users' use or misuse of the Services
• violation of these Terms, applicable law, or third-party rights
• any negligent or wrongful conduct by Customer or its End Users

18) Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

Any dispute arising from these Terms or the Services will be brought in the state or federal courts located in Collin County, Texas, and you consent to that venue.

19) Changes to These Terms

We may update these Terms from time to time. If changes are material, we will provide notice (for example via the Services or email). The "Effective Date" above indicates when these Terms took effect.

20) Contact Us