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Introduction
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This Acceptable Use Policy (“AUP”) sets out the parameters within which Customers
and users make use of Powefleet’s web-based services, and by doing so the Customer
or User as the case may be agrees to be bound by this AUP.
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Definitions
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Capitalized terms not defined herein shall have the meaning given in the
Master Terms and Conditions for the Supply of Services and Equipment.
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The following words and phrases have these meanings in this AUP:
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“Customer System” means all information technology resources operated together as
a system by the Customer to receive the Web Services, including without limitation software, hardware (including
servers and networking equipment), communications links, and all data stored on it.
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“Malicious Code” means anything that contains any back door, time bomb, trojan horse, worm, drop dead
device, computer virus or other computer software routine or code intended or designed to:
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permit access to or the use of a computer system by an unauthorised third party, or
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disable, damage, erase, disrupt or impair the normal operation of a computer system.
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permit access to or the use of a computer system by an unauthorised third party, or
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“Customer System” means all information technology resources operated together as
a system by the Customer to receive the Web Services, including without limitation software, hardware (including
servers and networking equipment), communications links, and all data stored on it.
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Status
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This AUP forms part of the Master Terms and Conditions for the Supply of
Services and Equipment between PWFL and Customer governing the relevant Services.
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Where this AUP imposes a duty on the Customer, it also imposes a duty upon the
Customer to ensure that any person who accesses the Services for or on behalf of
the Customer also abides by the terms of this AUP. This includes without limitation
employees, officers and agents of the Customer, independent contractors engaged by
the Customer, and any other person who accesses the Services as a result of the
Customer’s relationship with PWFL.
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Customer will be responsible for all acts and/or omissions of any person who accesses
the Services using access credentials allocated to Customer.
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Customer must act fairly, in good faith and with due consideration to PWFL and other
users of the Services when making use of the Services.
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Integration with Web Services
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PWFL may set requirements for Customer to meet (at Customer’s cost) in order for Customer
to integrate the Customer System with the Services. These requirements will be set out in
the documentation, which PWFL may amend from time to time, and may include (without limitation):
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Initial and ongoing compliance with certain technical specifications;
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integration testing of the Customer System’s integration with the Services
(both on initial integration with the Services and at subsequent intervals as
PWFL may determine); and
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notification of PWFL by Customer of any changes to the Customer System, and any
other events as PWFL may determine; PWFL may refuse to allow the Customer System to
connect with the Services, or immediately suspend such connection, should Customer
fail to comply with these requirements on an ongoing basis.
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Initial and ongoing compliance with certain technical specifications;
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Customer may be required to provide certain information (such as identification or contact
details) in order to integrate and use the Services. Customer hereby confirms that any registration
information Customer gives to PWFL will always be accurate and up to date and that Customer will
promptly inform PWFL of any changes.
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Should Customer make any change to any of its Customer Systems that interact with the
Services, PWFL may require the Customer to repeat the integration testing described above.
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If Customer is required to follow a particular integration mechanism, then it may not
access the Services in any other way.
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Use and Abuse of the Services
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Customer may only access (or allow others to access) Services by the means
described in the documentation.
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Customer may access the APIs subject to the below fair usage limitation bands, and must
not exceed these for any reason. The band applicable to Customer will be determined by
the Parties in an Order.
Usage Limits Small Medium Large Calls per min 20 100 300 Calls per hour 1 000 5 000 15 000 Fair use PM * 50 GB 150 GB 300 GB -
Customer must not use the Services in such a way as to cause inconvenience or harm to PWFL
or other users of the Services. Such use includes, without limitation, the submission of bulk
transactions that make excessive demands on the Services’ system resources and the repeated
submission of requests for data in a manner or at a rate that is inconsistent with the type
of data being requested.
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Any increased demand placed upon the Service’s resources due to a system error in the
Customer System, including any error causing increased server calls and data throughput, will
be deemed to be a breach of this AUP.
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Should Customer breach any of the provisions of this Section 5, PWFL may take the
actions set out in clause 10.
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Security
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Only the authorised employees, officers and agents of Customer may access the Services.
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Customer must take reasonable security precautions in its interactions with the Services.
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Passwords should consist of at least 8 mixed alpha and numeric characters with case variations. Customer must not permit a common word to be used as a password. Customer must protect the confidentiality of Customer’s password, not share it at all with any other person, and Customer should change Customer’s password regularly.
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Customer must comply with all applicable legislation in respect of data retrieved using the Services.
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Customer must:
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ensure there is a master account, the login details of which must correspond with Customer’s account with the PWFL’s ‘Central Supplier Database’;
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create one account per end User of the Services;
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only create User accounts in the Services for persons who are authorised to access the data provided via the Services;
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disable User accounts immediately upon the termination of a User’s employment with Customer or if that User is no longer authorised to access the data provided via the Services; and
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regularly review accounts created to ensure that they are valid.
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ensure there is a master account, the login details of which must correspond with Customer’s account with the PWFL’s ‘Central Supplier Database’;
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Acceptable Use
Customer may not use the Services to engage in illegal, abusive, or irresponsible behaviour, including:
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Unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network;
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Monitoring data or traffic on any network or system without the authorisation of the owner of the system or network;
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Use of any Personal Information of a User of the Service, including the Customer’s employees, in breach of applicable privacy laws;
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Interference with service to any user, host or network including, without limitation, sending of or causing the sending of, numerous duplicate automated and / or excessive, similar emails (mail bombing), flooding, deliberate attempts to overload a system and broadcast attacks;
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Use of an Internet account or computer without the owner’s authorisation, including, but not limited to, internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
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Identity theft, including, but not limited to, Internet scanning (tricking other people into releasing their passwords), phishing, pharming, password robbery, security hole scanning, and port scanning;
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Collection of Personal Information about third parties without their consent;
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The intentional dissemination of any Malicious Code or introduction of Malicious Code into the system used by the Services;
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Use of Services for any activities where the use or failure thereof could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems);
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Forging of any TCP (Transmission Control Protocol) Internet Protocol packet header or any part of the header information in an email or a newsgroup posting; or
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Any activity or conduct that is likely to result in retaliation against the Services or PWFL.
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Cooperation with investigations and legal proceedings
PWFL may, without notice to Customer:
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report to the appropriate authorities any conduct by Customer that PWFL believes violates applicable criminal law, and
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provide any information PWFL has about Customer and co-operate in response to a formal or informal request from a law enforcement or regulatory agency investing in any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
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Consequences of Violation of AUP
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PWFL may, without notice to Customer, suspend Customer’s and its Users’ access to the Services if PWFL (whether on the request of PWFL or not) reasonably believes Customer or its Users’ is using the Services in breach of this AUP. Customer must cooperate with PWFL’s reasonable investigation of any suspected breach of the AUP.
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Should Customer’s violation of the AUP be sufficiently serious, or if Customer or its Users’ consistently breaches the AUP, then PWFL may at its sole instance treat such breach as a material breach of the Agreement and act accordingly.
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In the event that Customer or its Users’ breaches the provisions of the AUP, PWFL may further, in its sole discretion:
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suspend Customer’s access to the Services for a period that it considers reasonably necessary in the circumstances; and/or
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charge the Customer for the Service at the rate commensurate with its actual usage of the Services, should the Customer’s breach of the AUP cause it to exceed any agreed billing threshold; and/or
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should no alternative billing tranche apply, PWFL may recover from the Customer any reasonable expenses incurred by PWFL as a result of such breach of the AUP, including, without limitation, third party supplier fees, costs attendant on investigating the violation, material costs, and internal administrative costs.
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suspend Customer’s access to the Services for a period that it considers reasonably necessary in the circumstances; and/or
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Disclaimer
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Nothing in this document will be interpreted as placing a duty upon us to monitor or enforce the Customer’s activities and PWFL disclaims any liability as a result of a failure to do so, and consequent misuse of the Web Services is disclaimed.
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Amendment of the AUP
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Given the rapid changes inherent in the technology sector, PWFL reserves the right to amend this document at any time without notice, but will make the current version of this document available on its website. Please refer to the last revision date at the bottom of this document. Continued use of the Services subsequent to any amendments having been affected constitutes your acceptance of this AUP as amended.
[END OF AUP]
Last Updated: May 5th, 2025
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