Main services agreement

What we supply

We give your named users access to Drivio for the term set out in the order form: the instructor apps, the web console for account and billing administration, and the school-level features described on the order form. Access is a licence to use the service, not a sale of software.

Availability is qualified by what actually exists today. The iOS and Android apps have not been released yet, and nothing in this agreement commits us to a release date. Where the order form names a feature that is not yet live, it must say so explicitly, and you should not pay for it on the assumption that it will arrive by a particular date.

We will use reasonable efforts to keep the service available, and we aim to respond to support requests within [SUPPORT RESPONSE TIME] during UK business hours. Planned maintenance is notified in advance where we reasonably can.

Your users and your responsibilities

• Named users are individuals. A login is not shared between people, and a seat may be reassigned when someone leaves, not passed around.
• You are responsible for what your users do in Drivio, and for making sure they follow the acceptable-use rules in this agreement.
• You are responsible for the accuracy of the roster and learner information you put into Drivio, and for having told those learners that you are using it.
• You will keep account credentials secure and tell us promptly if you believe an account has been compromised.

Acceptable use runs the same way as it does for individual users: nothing unlawful, no attempt to reach another organisation’s data, no probing or overloading the service, no copying or reselling Drivio, and no tracking anybody outside a lesson.

Fees, invoicing and changes in volume

• Fees. As set out in the order form. Prices exclude VAT, which is added at the prevailing rate.
• Invoicing. [BILLING FREQUENCY] in advance, payable within [PAYMENT TERMS] of the invoice date.
• Growing mid-term. Add instructors at any time. New seats are charged pro rata to the end of the current period.
• Shrinking mid-term. Seat reductions take effect at the next renewal, not immediately, and we do not refund part-used periods.
• Late payment. We may charge statutory interest, and may suspend access after written notice if an undisputed invoice stays unpaid.
• Price changes. We may change prices at renewal with at least [PRICE CHANGE NOTICE] written notice. Prices do not change mid-term.

Term, renewal and ending the agreement

The initial term is set out in the order form. It renews automatically for successive periods of the same length unless either side gives at least [RENEWAL NOTICE PERIOD] written notice before the end of the current term.

Either side may end this agreement immediately, in writing, if the other side commits a material breach and fails to put it right within 30 days of being asked to, or becomes insolvent.

We may suspend access without ending the agreement where there is a genuine security risk, a legal requirement, or an unpaid undisputed invoice. We will restore access as soon as the cause is resolved.

When the agreement ends, your users lose access. For [EXPORT WINDOW] afterwards we will, if you ask, provide an export of your data in a common machine-readable format. After that period we delete it in line with the data-processing schedule and the retention rules in our privacy policy.

Data protection

Drivio handles location traces and fault records from real driving lessons, so this clause does real work rather than being a formality.

For the learner and lesson data you put into Drivio, you are the controller and we are the processor: we act on your documented instructions. For running the platform itself, including accounts, security and billing, we are the controller in our own right. The data-processing schedule sets out the subject matter, duration, categories of data and the security measures, as UK data-protection law requires.

• We will not use your learner data to advertise, and we will not sell it.
• We will notify you without undue delay if we become aware of a personal data breach affecting your data, and help you meet your own reporting duties.
• We will help you respond to a learner exercising their data rights.
• We use sub-processors, listed in the privacy policy. We will tell you before adding a new one, and you may object on reasonable data-protection grounds.
• Contributing anonymised drives to Drivio’s national map is opt-in and off by default. It remains the individual instructor’s choice, and this agreement does not switch it on for them.

Confidentiality and intellectual property

Each side will keep the other’s confidential information confidential, use it only for this agreement, and protect it as carefully as its own. That duty does not apply to information that is already public, was already known, or has to be disclosed by law.

You keep ownership of your data: your roster, your lessons, your notes and your recordings. You grant us only the permission we need to host and process it in order to run the service for you.

We keep ownership of Drivio: the software, the design, the brand and anything we develop generally. Feedback you give us may be used to improve the service without obligation, and without any claim over your data.

Liability

Drivio is a teaching aid, not an authority. Fault records, blackspots and readiness indicators support an instructor’s professional judgement. They do not decide whether a learner is ready for a test, they are not an official assessment, and Drivio is not endorsed by or connected to the DVSA.

Neither side excludes liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not permit to be limited.

Subject to that, neither side is liable for lost profits, lost business, loss of goodwill or indirect loss, and each side’s total liability under this agreement is capped at [LIABILITY CAP]. The cap does not apply to your obligation to pay the fees, or to either side’s breach of the confidentiality or data-protection clauses.

General

• Changes. Changes to this agreement must be in writing and agreed by both sides. We may update the operational detail of the service, but not reduce what you have paid for mid-term.
• Assignment. Neither side may assign the agreement without the other’s consent, except to a group company or as part of a genuine business sale.
• Notices. In writing, to the contacts named on the order form. Email is acceptable for everything except termination.
• Events outside our control. Neither side is in breach for a delay caused by something genuinely outside its control, provided it tells the other side and works to resolve it.
• Publicity. Neither side names the other as a customer or supplier in marketing without written permission.
• Entire agreement. The order form, this agreement and the data-processing schedule are the whole agreement between us and replace anything said beforehand.
• Third parties. Nobody outside this agreement can enforce it.
• Governing law. The law of England and Wales, with the courts of England and Wales having jurisdiction.

Talk to us

For an order form, a copy of the data-processing schedule, or a security review pack, email hello@drivio.uk.