Terms & Conditions

1. Account Eligibility & Enterprise Usage

• Commercial Use Only: The Kinexa platform is designed solely for commercial logistics operators, fleet managers, enterprise shippers, and authorized vehicle owners. It is not intended for personal or non-commercial consumer tracking.
• Account Responsibility: You are responsible for maintaining the confidentiality of your administrator and dispatcher credentials. Any activity, instruction, or data modification executed through your authorized account is deemed to be performed by your organization.
• Accurate Registration: You agree to provide true, accurate, and up-to-date business details, GSTIN, and company registration data during signup.

2. Software License & BYOD Integration

• Grant of License: Kinexa grants you a limited, non-exclusive, non-transferable, revocable license to access and use the SaaS platform solely for managing your registered fleet assets during the active subscription period.
• Bring Your Own Device (BYOD): Kinexa provides open cloud integration to support third-party GPS units, AIS-140 tracking devices, dashcams, and OEM telematics. You acknowledge that:
  • You are solely responsible for obtaining the legal rights and OEM permissions to configure and stream data from your existing devices to Kinexa servers.
  • Kinexa is not responsible for physical device failures, improper wiring, battery drain, SIM deactivations, or hardware tamper events occurring on your vehicles.
• Prohibited Activities: You agree not to reverse engineer, decompile, scrape, resell, or distribute the platform code, proprietary protocol parsers, or telematics algorithms without prior written consent.

3. Regulatory Compliance & Government API Usage

• Operational Aid Only: Kinexa's automated RTO compliance checks, eChallan scraping, and permit expiry trackers serve as operational tracking tools. They do not constitute official statutory compliance or legal advice.
• Statutory Liability: Compliance with the Motor Vehicles Act, 1988, Central Motor Vehicles Rules, state RTO permits, carriage laws, and road tax/fitness standards remains the sole statutory responsibility of the vehicle owner/operator.
• Third-Party Gateways: Regulatory and financial features rely on third-party external services (e.g., VAHAN, Sarathi, NPCI, state police portals, and banking partners). Kinexa does not guarantee data latency, uptime, or data accuracy of records maintained by third-party government or banking servers.

4. FASTag & Financial Toll Management

• Corporate Wallet Use: Any funds deposited into Kinexa's integrated master wallets or FASTag/corporate accounts are strictly designated for toll settlements, official fines, or authorized fleet operations.
• Dispute Processing: Kinexa provides telemetry data and timestamps to support toll wrong-debit dispute filings. The ultimate decision to credit or reverse an erroneous toll deduction rests solely with the National Payments Corporation of India (NPCI) and the respective issuing/acquiring banks.
• Cash Penalty Disclaimer: Operators must maintain sufficient minimum balances. Kinexa is not liable for double cash penalties or vehicle stoppages caused by depleted balances, bank-side settlement delays, or NPCI reader flags.

5. Video Telematics, Cabin Monitoring & Driver Consent

• Mandatory Driver Consent: If your fleet utilizes Kinexa's AI dashcams, in-cabin cameras, or audio intercoms, you explicitly represent and warrant that you have:
  • Obtained all required legal consents from drivers and operational staff regarding video monitoring, audio streaming, and behavioral tracking.
  • Complied with all relevant Indian labor, employment, and data protection regulations.
• No Active Control Liability: While Kinexa provides safety scorecards, collision warnings, and predictive insights, the platform does not physically control vehicle steering, acceleration, or physical braking. The driver retains full physical control and legal liability for vehicle operation at all times.

6. Subscription Fees, Billing & Suspension

• Payment Terms: SaaS subscriptions, API usage, and optional hardware purchases are billed according to your selected plan (monthly or annual) or executed enterprise Statement of Work (SOW).
• Taxes: All fees are exclusive of applicable Indian taxes (GST), which will be invoiced at the prevailing statutory rates.
• Delinquency & Suspension: Accounts overdue by more than 15 calendar days may face immediate suspension of live tracking streams, automated eChallan alerts, and control room operations until all outstanding dues are cleared.

7. Intellectual Property & Fleet Telemetry Data

• Platform Ownership: Kinexa retains all right, title, and interest in and to the platform software, UI designs, APIs, documentation, safety scoring models, and brand assets.
• Client Data Ownership: You retain full ownership of your proprietary trip logs, vehicle identifiers, and internal business records. You grant Kinexa a limited right to host, parse, and display this data for platform services.
• Aggregated Analytics: Kinexa may compile aggregated, de-identified telemetry benchmarks (e.g., average highway speeds or toll plaza turnaround times) to improve algorithms, provided no identifiable client or driver information is exposed.

8. Limitation of Liability & Indemnification

• Limitation: To the maximum extent permitted by Indian law, Kinexa's total aggregate liability arising out of or related to the service shall not exceed the total amount paid by you to Kinexa in the three (3) months preceding the claim.
• Exclusion of Consequential Damages: In no event shall Kinexa be liable for indirect, punitive, or consequential damages, including loss of cargo, highway theft, spoilage, fatalities, missed delivery SLAs, or regulatory impoundment fees.
• Indemnification: You agree to defend, indemnify, and hold harmless Kinexa, its directors, and employees against any third-party claims, fines, or damages resulting from driver safety violations, unconsented cabin surveillance, or unlawful operation of your fleet assets.

9. Termination

• Termination by Client: You may terminate your subscription at any time through your account settings or in accordance with your signed enterprise master service agreement (MSA).
• Termination by Kinexa: We reserve the right to suspend or terminate services immediately if you breach these Terms, misuse regulatory endpoints, or engage in fraudulent activities.
• Post-Termination: Upon termination, your right to access the dashboard ceases, and stored telemetry data will be deleted or purged according to our Privacy Policy and applicable data retention mandates.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of India. Any disputes, controversies, or claims arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Gurugram, Haryana, India.

Contact Us

For questions, notices, or legal inquiries regarding these Terms and Conditions, please contact:

• Email: hello@kinexaiot.com
• Address: Plot No. 4, Minarch Tower, Sector-44, Gurugram, Haryana 122003, India