Terms of service

These Terms of Service ("Terms") govern access to the DrivingOps platform operated by Nextia AI. By creating an account, accepting an invitation, or using the service, you agree to these Terms. If you act for a school or another organization, you represent that you have authority to bind it.

1. Contract documents and priority

The agreement may include an order form, master agreement, Data Processing Addendum, and referenced policies. If there is a conflict, the order of precedence is: signed agreement, order form, DPA, these Terms, then other policies, unless a document expressly says otherwise.

2. Eligibility and accounts

• You must provide accurate information and keep contact details current.
• Each person must use an individual account and protect their credentials.
• The school controls its users, roles, branch access, and permissions.
• You must promptly report unauthorized access or a compromised account.
• A minor may not accept these Terms on behalf of a school.

3. Service and preview status

DrivingOps is a multi-tenant software service for driving-school operations. The website also presents features in development. A mockup, screenshot, roadmap, or "coming soon" statement is not a delivery commitment. Features included for a customer are those stated in its order form or enabled environment.

4. Trials, pilots, plans, and fees

• Website prices are indicative and are not a binding offer.
• Pilot or trial duration, limits, support, and fees are confirmed in writing.
• Submitting a demo form does not start automatic billing.
• Agreed fees are payable in Canadian dollars, plus applicable taxes, under the order form.
• Prepaid fees are non-refundable except where the agreement or applicable law says otherwise.
• Usage above agreed limits may require an upgrade or additional agreement.

5. Acceptable use

You must follow our Acceptable use policy, applicable law, integrated-provider policies, and recipients' communication preferences.

6. School responsibilities

The school is responsible for:

• the legality, accuracy, and quality of data it submits;
• required notices, consent, and authority, including for minors and messaging;
• educational, regulatory, financial, disciplinary, and road-safety decisions;
• reviewing schedules, recommendations, calculations, templates, and documents before relying on them;
• configuring its policies, taxes, prices, programs, certificates, and cancellation rules.

7. Customer data

As between the parties, the customer retains its rights in data it provides. The customer grants us a limited licence to host, copy, transmit, back up, and process that data only to provide, secure, and support the service, comply with law, and perform the agreement.

The customer represents that it has authority to provide the data. Processing is further described in the Privacy policy and DPA summary.

8. Confidentiality

Each party will protect the other's confidential information using reasonable care, use it only for the agreement, and disclose it only to people who need it and are bound by confidentiality. Standard exclusions apply to information that is public, already known, lawfully received from a third party, or independently developed.

9. Intellectual property and feedback

DrivingOps and its components, marks, templates, documentation, and software remain owned by Nextia AI and its licensors. Subject to payment and these Terms, we grant the customer a limited, non-exclusive, non-transferable right to use the service during the agreed term. You may provide feedback; we may use it without identifying the customer or disclosing its confidential information.

10. Third-party services and AI features

Some features depend on third-party services selected or enabled by the customer, such as identity, payments, email, WhatsApp, maps, or AI. Their terms may apply. We do not control their availability, but we select and govern our sub-processors as described in our policies.

AI output, recommendations, and proposals may be inaccurate or incomplete. They must be reviewed and are not professional advice or a final decision.

11. Availability, support, and changes

We work to provide a reliable service, but it may be interrupted for maintenance, emergencies, security, or events outside our reasonable control. A service-level commitment exists only if stated in a signed agreement. We may change the service; a material reduction to a paid feature will be communicated under the applicable agreement.

12. Suspension

We may suspend access to the extent reasonably necessary to address a security risk, unlawful access, third-party harm, abuse, or non-payment. We will provide notice and an opportunity to cure where practicable and safe.

13. Term, cancellation, and termination

The term and renewal are stated in the order form. Either party may terminate for material breach if the breach is not cured within the period in the agreement or, if none is stated, a reasonable period after notice. Provisions that by nature should survive will do so, including fees owed, confidentiality, ownership, liability, and deletion duties.

14. Export, return, and deletion

At the end of service, the customer may request or use available export tools during the period stated in its agreement. We then delete or anonymize data under the applicable schedule, subject to legal duties, disputes, security, and backup cycles.

15. Warranties

Each party warrants that it has authority to enter the agreement. Except for express written commitments and to the extent permitted by law, the service, previews, outputs, and beta features are provided "as is" and "as available." We do not warrant uninterrupted or error-free operation or that the service satisfies every customer-specific regulatory requirement.

16. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, special, punitive, incidental, or consequential damages, or lost profit, revenue, or opportunity. Each party's aggregate liability arising from the service is limited to fees paid or payable for the service in the 12 months before the event giving rise to the claim.

This limit does not apply where prohibited by law and does not exclude liability for fraud, wilful misconduct, breach of confidentiality, intellectual-property infringement, or amounts owed. A signed agreement may allocate risk differently.

17. Indemnity

The customer will indemnify DrivingOps against a third-party claim arising from customer data, communications, or use of the service that violates law, these Terms, or another person's rights. We will give notice and allow the customer to control the defence, subject to reasonable cooperation.

18. Governing law and disputes

Governing law and venue are those stated in the signed agreement or order form. If none are stated, they are the laws and courts of the province where the provider's registered office is located, together with applicable federal laws of Canada. The parties will first try to resolve disputes in good faith.

19. General

Neither party may assign the agreement without consent, except as part of a reorganization or sale of substantially all relevant business assets if the successor assumes the obligations. If a provision is unenforceable, the rest remains effective. Failure to enforce a right is not a waiver.

20. Contact

For legal questions or notices, email hello@drivingops.ca. Official notice details in a signed agreement continue to apply.