Acceptance & Agreement Scope
These Terms and Conditions (“Terms” or “Agreement”) constitute a legally binding agreement entered into between Exxomatic IoT Systems & Software Solutions Pvt Ltd (“Exxomatic”, “we”, “us”) and the business entity, organization, or enterprise customer (“Customer”, “you”) ordering, accessing, or utilizing Exxomatic products, hardware transceivers, telematics platforms, or API services.
By signing an enterprise Statement of Work (SOW), activating an ExxoEdge™ tracking device, executing a purchase order, or logging into the NavEdge 2.0 web or mobile portal, you acknowledge that you have read, understood, and agreed to be bound by these Terms in their entirety.
Platform License Grant & SaaS Access
Subject to the terms and timely payment of subscription fees, Exxomatic grants Customer a non-exclusive, non-transferable, revocable, worldwide commercial license during the subscription term to:
- Access and utilize the NavEdge 2.0 Fleet Operating System for authorized corporate fleet monitoring, dispatching, and diagnostic reporting.
- Integrate internal enterprise resource planning (ERP), transport management systems (TMS), and logistics applications via authorized ExxoCloud REST & WebSocket APIs.
- Download and utilize official Exxomatic driver dispatch and supervisor mobile applications on authorized corporate mobile devices.
Customer shall not reverse-engineer, decompile, disassemble, rent, sublicense, or distribute the platform software or proprietary machine learning models without express prior written consent from Exxomatic.
ExxoEdge™ Hardware Warranty & Supply
Exxomatic designs, manufactures, and supplies industrial-grade automotive IoT edge devices, including the ExxoEdge™ 4G/5G AIS-140 vehicle tracking unit, CAN bus non-intrusive contact readers, and EV battery telemetry modules:
- Hardware Warranty: Exxomatic warrants that ExxoEdge™ devices shall be free from manufacturing and component defects under normal automotive operating conditions for a period of twenty-four (24) months from the date of initial dispatch.
- Exclusions: Warranty coverage explicitly excludes physical tampering, incorrect vehicle electrical wiring, reverse polarity damage, submersion beyond rated IP67 specifications, or lightning surge incidents.
- RMA Replacement: Defective devices reported within the warranty window shall be repaired or replaced on a Return Merchandise Authorization (RMA) priority basis within seven (7) business days from receipt at our Pune testing laboratory.
- M2M SIM Connectivity: Where Exxomatic supplies pre-configured embedded eSIMs or roaming M2M telecom profiles, data usage is restricted exclusively to vehicle telematics payloads. Unauthorized extraction or secondary use of SIMs constitutes immediate breach and termination.
Firmware & Firmware Over-The-Air (FOTA)
ExxoEdge™ devices execute proprietary bare-metal real-time firmware designed to decode CAN-J1939 and OBD-II signals.
AIS-140 Regulatory Mandate & Verification
For vehicles subject to statutory tracking under Indian Ministry of Road Transport and Highways (MoRTH) standards:
- Customer Obligation: The Customer is strictly responsible for providing accurate Vehicle Identification Numbers (VIN), chassis numbers, and vehicle registration credentials for statutory VAHAN backend linking.
- Emergency Button Wiring: In public transport passenger buses, Customer must ensure emergency panic switches and hooters remain physically wired and operational in accordance with AIS-140 test procedures.
- Continuous Certification: Exxomatic maintains active Type Approval certificates from accredited testing agencies (ARAI / ICAT). We provide renewed compliance certificates upon statutory revisions.
Service Level Agreement (SLA) & Uptime
Exxomatic commits to enterprise-grade availability for cloud data ingestion pipelines and the NavEdge 2.0 management platform:
| Metric / Tier | Commitment Standard | Service Remedy |
|---|---|---|
| Platform Core Availability | 99.98% Monthly Uptime (excluding scheduled Sunday maintenance) | Pro-rata Service Fee Credits up to 25% of monthly billing. |
| Telemetry Ingestion Latency | 95% of incoming vehicle packets indexed in < 500 milliseconds. | Continuous autoscaling cloud compute clusters. |
| Severity-1 Emergency Support | Under 2 Hours initial response / 24/7/365 dedicated desk. | Direct escalation to Senior Telematics Infrastructure Lead. |
Acceptable Use & API Rate Limits
Customers shall not utilize Exxomatic platforms or APIs to:
- Perform unlawful surveillance, vehicle immobilization, or tracking of individuals without proper legal or contractual authority.
- Circumvent or exceed standard API rate thresholds (standard enterprise ceiling: 500 requests/second per tenant cluster unless otherwise augmented in SOW).
- Introduce malicious payload injections, malware, or simulated fuzzing attacks against ExxoCloud edge gateway endpoints.
Intellectual Property Rights
All patents, trademarks, software codebases, UI architectures, machine learning models, CAN bus decoding algorithms (including DeepCAN™ protocol decoders), and technical documentation belong exclusively to Exxomatic IoT Systems & Software Solutions Pvt Ltd.
No ownership transfer is effected by this Agreement. All rights not expressly granted to the Customer are strictly reserved by Exxomatic.
Customer Data Ownership & Confidentiality
Exxomatic shall not disclose Customer telemetry to any third party except as strictly necessary to fulfill SaaS operations, comply with valid court orders, or transmit mandatory AIS-140 emergency packets to authorized government emergency command centers.
Subscriptions, Fees & Invoicing
Fees for hardware units and software subscriptions are billed in accordance with the applicable Order Form or Enterprise Contract:
- Payment Terms: Invoices are payable within thirty (30) calendar days of invoice issuance unless otherwise agreed in writing.
- Taxes: All quoted platform fees are exclusive of applicable Goods and Services Tax (GST) or other statutory levies, which shall be added at the prevailing statutory rates.
- Overdue Balances: Overdue amounts incur interest at the rate of 1.5% per month or the maximum rate permitted by Indian law, whichever is lower.
Limitation of Liability
To the maximum extent permitted by applicable Indian law:
- No Consequential Damages: Neither party shall be liable for indirect, incidental, punitive, or consequential damages, including loss of business profits, cargo damage, vehicle accident downtime, or revenue disruption.
- Aggregate Liability Cap: Exxomatic's total aggregate liability arising out of or related to this Agreement shall under no circumstances exceed the total fees actually paid by the Customer in the twelve (12) months preceding the event giving rise to liability.
Indemnification Obligations
Exxomatic IP Indemnity: Exxomatic shall defend and indemnify Customer against any third-party claim alleging that the NavEdge 2.0 platform or ExxoEdge hardware infringes any patent, copyright, or trade secret valid in India.
Customer Indemnity: Customer shall defend and indemnify Exxomatic against third-party claims arising from Customer's failure to maintain vehicle electrical safety, unauthorized driver tracking, or breach of applicable data privacy laws.
Term, Suspension & Order Exit
This Agreement commences upon the effective date of an Order and continues through the agreed term:
- Termination for Cause: Either party may terminate immediately if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days of written notice.
- Temporary Suspension: Exxomatic may suspend API credentials if Customer's usage threatens the operational stability or security of multi-tenant cloud clusters.
- Data Transition Period: Upon contract expiration, Customer has thirty (30) calendar days to export all historical telemetry archives before permanent tenant data sanitization.
Governing Law & Dispute Resolution
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Republic of India, without regard to conflict of law principles:
Subject to arbitration, courts in Hyderabad, Telangana shall have exclusive jurisdiction over any legal matters arising hereunder.
Corporate Legal Counsel & Contracts
Exxomatic IoT Systems & Software Solutions Pvt Ltd
HITEC City & Miyapur Tech Corridor, Hyderabad, Telangana 500049, India