Legal

Terms of service

Last updated

These terms are the agreement between Neowork Studios Inc., a company based in British Columbia, Canada ("Neowork", "we", "us"), and the business that uses Journey ("you"). They are short because we would rather you read them.

1. The agreement

By creating a business in Journey, or by using it on behalf of a business that has one, you accept these terms for that business. If you are accepting for a company, you confirm you are allowed to. Drivers use the driver app under their business's account; they are not parties to this agreement, and the business is responsible for how they use it.

The privacy policy is part of this agreement. Where an enterprise agreement signed by both sides says something different, that agreement wins.

2. Accounts and devices

  • Managers sign in with their own account and must keep it to themselves. What is done from an account is treated as done by that person.
  • You decide who is a manager and who is a driver, and which phones are paired. You are responsible for pairing only phones you control and for deactivating a phone that leaves your control.
  • Driver PINs are the driver's own. A manager can reset one but cannot see it.
  • Journey is for businesses. You confirm that your people are old enough to work legally where they work.

3. The service

Journey is the office app, the driver apps, the service behind them, and this website. We will run it with reasonable skill and care, keep it available except during maintenance we announce or faults we are fixing, and support it by email. We do not promise a particular level of uptime unless an enterprise agreement states one.

We keep improving Journey and may change or remove features. If a change removes something a reasonable business would rely on, we will say so at least 30 days ahead.

The driver app is also subject to the terms of the store you install it from. Apple and Google are not responsible for the app or for supporting it; we are.

4. Your content

Your routes, locations, records, notes, photos and everything else you put into Journey are yours. You let us store, handle, send and show them, but only as far as we need to in order to run Journey for you and support you. We do not use your content for advertising, sell it, or train AI models on it.

You are responsible for your content. That means you are allowed to put it into Journey, including your drivers' personal information under privacy law, and it does not infringe anyone else's rights. You can export your records at any time from the office app.

5. Acceptable use

Do not use Journey to break the law, to get in the way of other businesses using it, to test or overload our systems, or to take it apart or resell it. Do not put information into Journey that you have no right to collect. We may suspend an account that does these things, and we will tell you why.

6. Fees and billing

  • Every new business starts with a 14-day free trial. No card is needed for the trial and nothing is charged during it.
  • After the trial, Journey is billed per active driver per month, in Canadian dollars, at the price on the pricing page when you subscribe, plus any taxes that apply. An active driver is a person whose role in your business lets them record runs.
  • We check the driver count against your subscription. If you add a driver part way through a period, you pay only for the part of the period that is left. If you remove one, the change takes effect at the next period.
  • We will give at least 30 days' notice of a price change, and it applies from your next renewal after that notice.
  • You can cancel at any time from the office app. The subscription ends at the close of the period you have paid for. We do not refund partial periods.
  • If a payment fails we will tell you and retry. While it is unpaid, drivers keep recording and reports stay readable; editing routes, locations, vehicles, members and run corrections pauses until the subscription is active again. If it stays unpaid for 60 days we may close the account under section 7.

7. Ending the agreement

  • You can close your business's account at any time from the office app.
  • Either side can end this agreement for any reason with 30 days' written notice. If we do, we refund any fees you have paid for the time after the end date. The no-refund rule in section 6 does not protect us from our own decision to walk away.
  • We can end it immediately if you seriously break these terms and do not put it right within 14 days of being told, or if it cannot be put right.
  • Before closure, export what you need. After closure, your data is deleted on the schedule in the privacy policy: 30 days from production, 90 days from backups, billing records kept seven years.
  • Sections 4, 9, 10, 11, 12 and 14 still apply after the agreement ends.

8. Intellectual property

Journey, its apps, its design and its documentation belong to Neowork and the companies that license parts of it to us. You get a licence to use them for your business while this agreement lasts. If you send us feedback or ideas, we may use them without owing you anything.

9. Third-party services

Journey relies on third-party providers for the jobs described in the privacy policy, among them sign-in, billing, and the Apple and Google stores that distribute the driver app. Their terms apply to your use of their parts. We choose them with care but do not control them, and an outage on their side is not a breach on ours.

10. Disclaimers

Journey is provided as it is, when it is available. Apart from what these terms say, we make no other promises about it, whether stated or implied by law, including that it is of a particular quality or fit for a particular purpose. Journey records what your drivers tap. It is a record-keeping tool, not a substitute for your own judgement about deliveries, drivers or vehicles, and it does not replace the checks the law requires you to make.

11. Limitation of liability

As far as the law allows, neither side is liable to the other for indirect or knock-on losses, including lost profit, revenue or data, however they arise. The most we can owe you under this agreement, for all claims added together, is the fees you paid us in the 12 months before the claim arose, or CAD $100 if that is more. This cap does not apply where the law does not allow one, or to either side's fraud or deliberate wrongdoing.

12. Indemnity

If someone else brings a claim against Neowork because of your content, because you broke these terms, or because your drivers used Journey in a way that breaks them, you will handle the claim and cover our costs and any damages. We will tell you about the claim promptly, let you run the defence, and not settle it in a way that binds you without your agreement.

13. Changes to these terms

We may change these terms. For a change that matters, we will tell the business's managers in the office app at least 30 days before it takes effect, and the date at the top will change. If you do not accept a change, close your account before it takes effect. Using Journey after that date means you accept the change.

14. Governing law and disputes

These terms are governed by the laws of British Columbia and the federal laws of Canada that apply there. Before anyone goes to court, raise the issue with us at support@neoworkjourney.com and we will try in good faith to sort it out within 30 days. If that fails, the courts of British Columbia, sitting in Vancouver, are the only courts that can hear the dispute, and both sides agree to that.

15. General

  • This is the whole agreement about Journey between us, unless an enterprise agreement says otherwise.
  • If a court finds that part of it cannot be enforced, the rest still stands.
  • Neither side is liable for delays caused by events outside its reasonable control. Fees still fall due.
  • You may not hand this agreement to someone else without our written consent. We may hand it to a company that takes over our business, and we will tell you if we do.
  • Notices to you go to the email of the business's owner in Journey; notices to us go to the address below.
  • If we let something slide once, we can still enforce it later.

16. Contact

General enquiries: support@neoworkjourney.com

Neowork Studios Inc., British Columbia, Canada