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Rental Terms
These Zubie Rental Terms and Conditions (“Agreement”) govern the use of Zubie’s rental-based services by business customers (“Customer”). By executing an Order Form or using the services described herein, Customer agrees to be bound by these Terms and Conditions, which incorporate by reference the Zubie Terms of Use and End User License Agreement available at https://zubie.com/terms-of-use/ (the “Terms of Use”). If Customer objects to such modified terms, Customer’s sole remedy is to terminate the Agreement pursuant to Section 4.
Zubie provides OEM-embedded telematics solutions (which do not require physical hardware) and hardware-based solutions such as OBD-II devices, dashcams, AssetTrak, and incident/smoking detection units (“Hardware”). The specific scope of services will be as detailed in each Order Form.
Customer may request additional OEM-based services (by submitting relevant VINs) or Hardware-based units at any time during the subscription period. All additional orders will be governed by the pricing and terms of the existing Order Form, unless otherwise agreed. All Hardware defined in the Order Form shall be shipped within 10-business days after receiving the Customer’s billing information for the Subscription Fee. For all subsequent orders, Zubie will ship to a designated location as instructed by Customer within 10-business days upon written request of order through support at support@zubie.com.
Provided the Services meet or exceed Customer’s reasonable expectations, Customer agrees to: (a) act as a reference or provide testimonials upon request; and (b) permit Zubie to use Customer’s logo on its website and promotional materials. Such use may be revoked with reasonable notice.
Customer may request to reduce their fleet size during the subscription term; however, reductions are subject to minimum fleet thresholds (typically 10%–30%) based on Customer type and usage history.
5.1. Either party may terminate this Agreement, on written notice, if the other party materially breaches any of its obligations hereunder and fails to cure such breach within thirty (30) days after receipt of written notice.
Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties, tariffs and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer hereunder; provided, that, in no event shall Customer pay or be responsible for any taxes imposed on, or with respect to, Zubie’s income, revenues, gross receipts, personnel or real or personal property or other assets. Sales tax exemption documentation must be provided in advance of invoice in order to exclude taxes
Zubie will provide email and phone support to Customer for all hardware, software, and technical issues as provided in the Order Form and at https://zubie.com/zubie-rental-connect/
Zubie represents and warrants that for a period of one (1) year from delivery, Hardware will be free from significant defects in material and workmanship. Such warranty shall be void for any Hardware damaged by Customer or its representatives. For any leased Hardware that does not comply with the warranties in this Agreement, Customer’s exclusive remedy, and Zubie’s entire liability shall be the repair of the deficient Hardware, or if Zubie cannot substantially repair the Hardware in a commercially reasonable manner, Zubie may provide a replacement device at no-charge to Customer within ten (10) days.
9.1. Confidential Information means with respect to a party hereto, all information or material which: (i) gives that party some competitive business advantage or the opportunity of obtaining such advantage by virtue of not being known in that party’s industry; and (ii) which is (A) marked “Confidential,” “Restricted,” or “Proprietary Information” or other similar marking, (B) known by the parties to be considered confidential or proprietary, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable commercial judgment. The Confidential Information of Zubie includes the pricing for the Services, information about Hardware and Zubie Rental Connect, and the terms of this Agreement. Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party’s breach of this Agreement; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party’s possession prior to Disclosing Party’s disclosure hereunder as evidenced by its written records; or (d) was or is independently developed by Receiving Party without using any Confidential Information.
9.2. From time to time during the Term of this Agreement, either Party (as the “Disclosing Party”) may disclose or make available to the other Party (as the “Receiving Party”) Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement.
9.3. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy.
9.4. For purposes of this Section 5 only, Receiving Party’s Group shall mean the Receiving Party’s employees, officers, directors, shareholders, partners, members, managers, agents, independent contractors, service providers, attorneys, accountants, and financial advisors.
These Terms and Conditions, together with the Terms of Use, the applicable Order Form, and any other referenced agreements, constitute the entire agreement between Zubie and Customer. Additional or conflicting terms shall not apply unless agreed to in writing.
For additional terms governing intellectual property, privacy, software usage, arbitration, and limitation of liability, please review the Zubie Terms of Use and End User License Agreement: https://zubie.com/terms-of-use/