These Terms of Service govern your access to and use of the KDS Fleet Intelligence Platform provided by Korea Data Systems Co., Ltd. (“KDS”). Please read them carefully before using the Platform.
1. Acceptance of Terms
By accessing or using the KDS Fleet Intelligence Platform (“Platform”), you agree to be bound by these Terms of Service (“Terms”). If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
These Terms apply to all users of the Platform, including fleet administrators, operators, and any other authorized users within your organization.
2. Platform License
Subject to these Terms and payment of applicable subscription fees, KDS grants your organization a limited, non-exclusive, non-transferable license to access and use the Platform for your internal fleet management operations during the subscription term.
You may not: (a) sublicense, resell, or distribute the Platform to third parties; (b) reverse-engineer or attempt to extract the source code; (c) use the Platform for any unlawful purpose; or (d) exceed the vehicle or user count specified in your subscription plan.
3. Subscription & Payment
Subscription Fees: Platform access is billed on a per-active-vehicle basis as specified in your plan. Fees are due at the start of each billing cycle (monthly or annual).
Hardware: KDS hardware (VT-300SE, cameras, accessories) is sold or leased separately. Hardware purchases are subject to the KDS Hardware Terms and Warranty Policy.
Late Payment: Unpaid invoices more than 14 days overdue may result in suspension of Platform access. Access is restored within 24 hours of payment receipt.
Price Changes: KDS will provide 60 days written notice of pricing changes. Early access pricing is locked for the committed subscription term.
4. Your Responsibilities
Account Security: You are responsible for maintaining the confidentiality of all user credentials. You must notify KDS immediately at [email protected] if you suspect unauthorized access.
Data Accuracy: You are responsible for the accuracy of vehicle and driver information entered into the Platform. KDS is not liable for compliance failures resulting from incorrect data.
Driver Consent & Labor Law: You are responsible for ensuring that the use of vehicle tracking, DVR recording, and driver monitoring complies with applicable labor laws and that affected employees have been informed as required by law in your jurisdiction.
Acceptable Use: The Platform may not be used to stalk, harass, or unlawfully surveil individuals. Fleet monitoring must be limited to legitimate business purposes.
5. Data Ownership
Your Data: All fleet telemetry, driver records, media files, and organizational data uploaded to or generated within the Platform remain your property. KDS processes this data only to provide the contracted services.
KDS Data: Platform software, algorithms, AI models, and anonymized aggregate benchmarks are the intellectual property of Korea Data Systems Co., Ltd.
Export: You may export your data at any time during the active subscription. Upon termination, data remains available for export for 30 days.
6. Uptime & Service Levels
KDS targets 99.9% monthly platform availability for Professional and Enterprise plans. Planned maintenance windows are communicated at least 48 hours in advance via the platform status page and email notification to account administrators.
For Professional plans, KDS will credit 1 day of service fees for each hour of unplanned downtime exceeding 1 hour in a month, up to 30 days. Enterprise SLAs are negotiated individually and defined in the Master Service Agreement.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KDS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE PLATFORM.
KDS's total liability for any claim arising from these Terms shall not exceed the subscription fees paid by you in the 12 months preceding the claim. This limitation does not apply to liability for gross negligence or willful misconduct.
8. Termination
Either party may terminate the subscription at the end of the current billing cycle with 30 days written notice. KDS may suspend or terminate access immediately for: (a) material breach of these Terms; (b) non-payment; (c) activities that compromise platform security or other customers.
Upon termination, your license to use the Platform ceases. Your data remains available for export for 30 days, after which it is permanently deleted.
9. Governing Law
These Terms are governed by the laws of the Republic of Korea, without regard to conflict of law principles. Disputes shall be resolved through good-faith negotiation, and if unresolved, through arbitration in Seoul, Korea under the Korean Commercial Arbitration Board rules.
For customers based in South Africa, disputes shall be governed by South African law and resolved in the courts of the Western Cape.
10. Contact
For legal inquiries regarding these Terms:
Korea Data Systems Co., Ltd. 319 Geatbeol-ro 12, Yeonsu-gu, Incheon 21990, Republic of Korea [email protected]