Terms of Use

1. Definitions

"Berfleet," "we," "us," refers to the operator of the Service based in Casablanca, Morocco.

"Customer," "you," means the legal entity (e.g. company, transport operator) that registers for an account and its authorised users (administrators, dispatchers, drivers, and other roles you invite).

"Customer Data" means data submitted to or processed through the Service on your behalf, including vehicle, driver, route, maintenance, document, cost, fuel, incident, and related operational information.

2. The Service

Berfleet provides a cloud-based fleet management application intended for professional transport and logistics operations, including features such as vehicle and driver records, assignments and routes, maintenance and parts tracking, costs and fuel records, documents and compliance-related workflows, notifications, reporting, and related tools as made available from time to time. Features may evolve; we may add, modify, or discontinue functionality with reasonable notice where practicable.

The Service is provided for business use. You are responsible for ensuring that your use complies with applicable laws, licences, insurance requirements, and sector regulations applicable to your operations.

3. Accounts and eligibility

You must provide accurate registration information and keep it current. You are responsible for safeguarding credentials and for all activity under your account. You must notify us promptly of any unauthorised use. We may suspend or restrict access to protect the Service, other customers, or where required by law.

Authorised users must only access data they are permitted to see under your policies. You remain responsible for your users' compliance with these Terms.

4. Subscription and fees

Access to the Service may be subject to subscription plans, usage limits (e.g. vehicles, users), and fees as communicated at order, in-product, or in a separate order form. Unless otherwise agreed in writing, fees are exclusive of applicable taxes. Failure to pay may result in suspension or termination of access in accordance with the applicable commercial terms.

5. Acceptable use

You agree not to:

• Use the Service in violation of law, third-party rights, or these Terms, including uploading unlawful, defamatory, or infringing content.
• Attempt to probe, scan, or test vulnerabilities, or breach security or authentication measures, without authorisation.
• Interfere with or disrupt the Service, overload systems, or use automated means in a way that impairs performance (except as allowed by documented APIs).
• Reverse engineer, decompile, or attempt to extract source code of the Service except to the extent permitted by mandatory law.
• Use the Service to build a competing product or to resell the Service without our written consent.

6. Customer Data and data processing

Your responsibility. As between you and Berfleet, you retain ownership of your Customer Data. You are responsible for the lawfulness of collecting and uploading data (including personal data relating to your staff, drivers, and third parties), for obtaining necessary consents or grounds under applicable data protection law, and for the accuracy and use of such data in your business.

Our role. We process Customer Data only to provide, secure, improve, and support the Service, and as otherwise instructed by you within the functionality of the product or as required by law. We implement appropriate technical and organisational measures designed to protect the confidentiality, integrity, and availability of data in line with industry practice. Details of categories of data and processing purposes may be further described in our Privacy Policy.

Location and subprocessors. Data may be processed using infrastructure and subprocessors located inside or outside Morocco, subject to contractual safeguards where required. You authorise such processing as needed to operate the Service.

Retention. Upon termination, we will delete or return Customer Data in accordance with our retention policies and applicable law, except where retention is required for legal, security, or backup reasons.

7. Intellectual property

The Service, including software, branding, documentation, and content we provide (excluding your Customer Data), is owned by Berfleet or its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Service during your subscription. No rights are granted except as expressly stated.

8. Third-party services

The Service may integrate with or link to third-party services (e.g. mapping, messaging, storage, authentication). Those services are governed by their own terms. We are not responsible for third-party services or their availability.

9. Disclaimers

The Service is provided on an "as is" and "as available" basis to the maximum extent permitted by law. We do not warrant uninterrupted or error-free operation, or that the Service will meet your specific regulatory or operational requirements without your own configuration and compliance measures. Operational decisions (e.g. dispatch, maintenance, safety) remain your responsibility.

10. Limitation of liability

To the fullest extent permitted by applicable law, Berfleet and its suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising from or related to the Service or these Terms. Our aggregate liability for all claims arising out of or relating to the Service in any twelve-month period shall not exceed the fees paid by you to Berfleet for the Service during that period (or, if none, one hundred (100) Moroccan dirhams), except where liability cannot be limited under mandatory law.

11. Indemnity

You will defend, indemnify, and hold harmless Berfleet against claims, damages, losses, and expenses (including reasonable legal fees) arising from your Customer Data, your use of the Service in breach of these Terms, or your violation of applicable law or third-party rights.

12. Suspension and termination

We may suspend or terminate access for material breach, non-payment where applicable, risk to security or others, or as required by law. You may stop using the Service at any time. Provisions that by their nature should survive (e.g. liability limits, indemnity, governing law) will survive termination.

13. Changes to these Terms

We may update these Terms by posting a revised version with a new "Last updated" date. Continued use after the effective date constitutes acceptance of the updated Terms, except where stricter consent is required by law. Material changes may be communicated by email or in-product notice where appropriate.

14. Governing law and jurisdiction

These Terms are governed by the laws of the Kingdom of Morocco, without regard to conflict-of-law rules. Subject to mandatory provisions, any dispute arising out of or relating to these Terms or the Service shall be submitted to the exclusive jurisdiction of the competent courts of Casablanca, Morocco.

15. General

If any provision is held invalid, the remainder remains in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices may be sent to the email address associated with your account or to our contact below.