Legal

Terms of service

Last updated

These terms form an agreement between Neowork Studios Inc., a British Columbia company ("Neowork", "we", or "us"), and the business using Journey ("you").

1. The agreement

By creating a Journey business account or using Journey on behalf of a business, you accept these terms for that business and confirm that you have authority to do so. Drivers use Journey under the business's account and are not parties to this agreement. The business is responsible for their use of the service.

The privacy policy forms part of this agreement. If a written enterprise agreement signed by both parties conflicts with these terms, the enterprise agreement prevails.

2. Accounts and devices

  • Each manager must use and secure an individual account. Activity performed through an account is attributed to its assigned user.
  • You control manager and driver access and determine which devices are paired. You must pair only devices under your control and deactivate devices that leave your control.
  • Driver PINs are personal to each driver. Managers may reset a PIN but cannot view it.
  • Journey is intended for business use. You are responsible for ensuring that users meet applicable legal working-age requirements.

3. The service

Journey includes the office app, driver apps, supporting services, and this website. We will provide the service with reasonable skill and care, subject to announced maintenance and service incidents, and provide email support. No specific uptime commitment applies unless stated in an enterprise agreement.

We may modify or discontinue features as Journey evolves. We will provide at least 30 days' notice before removing functionality on which a reasonable business would materially rely.

Driver apps are also subject to the terms of the applicable app store. Apple and Google do not provide Journey support and are not responsible for the service.

4. Your content

You retain ownership of all routes, locations, records, notes, photos, and other content submitted to Journey. You grant Neowork permission to store, process, transmit, and display that content only as required to provide and support the service. We do not sell your content, use it for advertising, or use it to train AI models.

You are responsible for your content and must have the legal right to collect and submit it, including driver personal information. Your content must not infringe the rights of others. You may export records from the office app at any time.

5. Acceptable use

You must not use Journey unlawfully; interfere with another business's use of the service; probe, overload, reverse engineer, or resell the service; or submit information you are not entitled to collect. We may suspend an account for prohibited use and will provide the reason for the suspension.

6. Fees and billing

  • Each new business receives a 14-day free trial. No payment card is required, and no charge is made during the trial.
  • After the trial, Journey is billed monthly in Canadian dollars for each active driver at the price shown on the pricing page when you subscribe, plus applicable taxes. An active driver is a person whose assigned role permits them to record runs.
  • Subscription quantities are reconciled against the active driver count. Drivers added during a billing period are charged on a prorated basis for the remainder of that period. Driver removals take effect in the next billing period.
  • We will provide at least 30 days' notice of any price change. The new price applies at the first renewal following the notice period.
  • You may cancel through the office app at any time. The subscription remains active until the end of the paid billing period. Partial billing periods are not refunded.
  • If payment fails, we will notify you and retry the charge. Drivers may continue recording and reports remain available, but editing routes, locations, vehicles, members, and run corrections is paused until the subscription becomes active. We may close an account that remains unpaid for 60 days in accordance with section 7.

7. Termination

  • You may close the business account through the office app at any time.
  • Either party may terminate this agreement for any reason by providing 30 days' written notice. If Neowork terminates for convenience, we will refund prepaid fees covering the period after termination.
  • We may terminate immediately for a material breach that is not corrected within 14 days after notice, or that cannot be corrected.
  • You are responsible for exporting required records before closure. Following closure, business data is deleted from production systems within 30 days and from backups within 90 days. Billing records are retained for seven years, as stated in the privacy policy.
  • Sections 4, 9, 10, 11, 12, and 14 survive termination.

8. Intellectual property

Journey, its apps, design, and documentation are owned by Neowork and its licensors. During the term of this agreement, we grant you a limited right to use Journey for your internal business operations. We may use feedback or suggestions you provide without restriction or compensation.

9. Third-party services

Journey depends on third-party services described in the privacy policy, including authentication, billing, and app-store distribution. Their terms may apply to your use of their services. Neowork does not control those providers, and their outages do not constitute a breach of this agreement by Neowork.

10. Disclaimers

Journey is provided "as is" and "as available." Except for the express commitments in these terms, and to the extent permitted by law, we disclaim all other warranties, whether express, implied, or statutory, including warranties of quality and fitness for a particular purpose. Journey records information submitted by users. It is a record-keeping tool and does not replace your operational judgment or legally required checks concerning deliveries, drivers, or vehicles.

11. Limitation of liability

To the extent permitted by law, neither party is liable for indirect or consequential loss, including lost profits, revenue, or data. Neowork's total aggregate liability under this agreement is limited to the greater of the fees you paid in the 12 months preceding the event giving rise to the claim and CAD $100. This limitation does not apply where prohibited by law or to either party's fraud or wilful misconduct.

12. Indemnity

You will defend and indemnify Neowork against third-party claims arising from your content, your breach of these terms, or your drivers' use of Journey in breach of these terms. We will promptly notify you of any claim, permit you to control the defence, and not agree to a settlement that binds you without your consent.

13. Changes to these terms

We may update these terms. For material changes, we will update the date above and notify business managers through the office app at least 30 days before the change takes effect. If you do not accept a change, you must close the account before its effective date. Continued use after that date constitutes acceptance.

14. Governing law and disputes

These terms are governed by the laws of British Columbia and the applicable federal laws of Canada. Before commencing court proceedings, the party raising a dispute must notify the other party, and both parties will attempt to resolve it in good faith for 30 days. Notices to Neowork may be sent to support@neoworkjourney.com. If the dispute remains unresolved, the parties submit to the exclusive jurisdiction of the courts of British Columbia sitting in Vancouver.

15. General

  • These terms constitute the entire agreement concerning Journey unless a written enterprise agreement provides otherwise.
  • If any provision is found unenforceable, the remaining provisions continue in effect.
  • Neither party is liable for delay caused by events beyond its reasonable control. Payment obligations remain due.
  • You may not assign this agreement without our written consent. We may assign it in connection with a transfer of our business and will notify you of the assignment.
  • Notices to you will be sent to the email address of the business owner recorded in Journey. Notices to Neowork must be sent to the address below.
  • A failure or delay in enforcing a provision does not waive the right to enforce it later.

16. Contact

General enquiries: support@neoworkjourney.com

Neowork Studios Inc., British Columbia, Canada