Terms of Service

These Terms of Use (the "Terms") form a binding agreement between you and Live Capital Limited (RC 7880441), a company incorporated in Nigeria with its registered office at 32C Cameron Road, Ikoyi, Lagos, Nigeria. Live Capital Limited operates the BetaDriva product (the "Platform"), made available at https://www.betadriva.com, the workspace application at app.betadriva.com, and the BetaDriva mobile app used by drivers.

1. Acceptance of these Terms
By creating an account, accessing, or using the Platform, you confirm that you have read and agree to these Terms and our Privacy Policy. If you are accepting these Terms on behalf of an entity, you confirm that you are authorised to bind that entity, in which case "you" refers to that entity. If you do not agree, do not use the Platform.

2. Definitions
Account: your individual user account on the Platform. Workspace: a fleet workspace on the Platform, created by a fleet owner or car owner and operated by one or more Admins. Account Holder: the person or entity that creates a Workspace. Admin: an individual an Account Holder invites to act inside a Workspace, with a role the Account Holder assigns. Driver: an individual added to a Workspace who submits actions through the BetaDriva mobile app. Action Flow: a configured process that defines the steps, fields, and evidence a Driver must submit before a request can be approved. Content: any information, files, photographs, records, or materials you, your Admins, or your Drivers submit, upload, or display on the Platform.

3. Eligibility and account requirements
To use the Platform you must be at least 18 years old and legally capable of entering into a binding contract under the laws that apply to you. You must provide accurate, current, and complete information when you sign up, and you must keep that information up to date. You are responsible for safeguarding your login credentials and for everything that happens under your Account, and you must notify us promptly, using the contact details in section 17, if you suspect unauthorised access. We may require identity verification before you can create or operate a Workspace, and we may decline or revoke verification at our discretion where we cannot reasonably satisfy our compliance obligations.

4. The Platform
BetaDriva helps fleet owners hold driver activity to account. A Workspace lets you add your vehicles and drivers, build Action Flows from templates or from scratch, and define exactly what a Driver must submit before a request is approved. Drivers use the BetaDriva mobile app and sign in with an access code generated inside the Workspace. When a Driver submits an action, the Platform captures the evidence the Action Flow requires, including photographs and GPS coordinates, and can flag a submission where the captured location does not match the location expected by an Admin. Activity, fuel, parts, maintenance, and related records are kept in the Workspace and can be exported. The features available to a Workspace may depend on its plan, and we may add, change, or remove features from time to time on reasonable notice.

5. Workspaces, Admins, and Drivers
You are responsible for everyone you invite into your Workspace, for the roles and permissions you assign them, and for everything done under their access. As explained in our Privacy Policy, you are the data controller for the Drivers, vehicles, submissions, and records inside your Workspace, and we act as your data processor, handling that information on your instructions to run the Platform. You confirm that you are entitled to add each Driver to your Workspace, that you have told them what the Platform collects when they submit an action, including their location, and that you have a lawful basis for requiring it. You are responsible for the lawfulness, accuracy, and quality of the Action Flows you configure and of the records your Workspace produces, and for complying with the employment, data protection, and other laws that apply to you and to your Drivers.

6. Your Content and the licence you grant us
You retain ownership of the Content you submit. You grant Live Capital Limited a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt for format, transmit, and display that Content solely for the purpose of operating, securing, and improving the Platform, providing the services you have asked us to provide, and complying with law. The licence ends when you delete the Content or close the relevant Workspace, except where we are legally required to retain it, including for audit or dispute purposes. You confirm that you have all rights necessary to submit your Content and to grant this licence, and that the Content does not infringe anyone's rights or violate applicable law.

7. Acceptable use
You agree not to: misrepresent your identity, business, or financial position; use the Platform for any unlawful purpose; attempt to access another user's Account, Workspace, or data without authorisation; scrape, crawl, copy in bulk, or systematically extract data from the Platform except via interfaces we provide and explicitly authorise; reverse engineer, decompile, or attempt to extract the source code of any part of the Platform, except to the extent applicable law expressly permits; interfere with the operation, security, or integrity of the Platform, including by transmitting malware or attempting denial-of-service; submit Content that is unlawful, defamatory, obscene, hateful, or that infringes intellectual-property or privacy rights; use the Platform to monitor or collect information about any person who has not been lawfully added to your Workspace; or use the Platform to circumvent legal, regulatory, or contractual obligations you owe to any third party, including those you owe to your Drivers.

8. Fees
The Platform may include free and paid plans. Where we charge fees (for example, a subscription fee or a usage-based charge), the applicable amount, currency, and timing will be displayed before you commit. Fees may be billed in advance and are non-refundable except where required by law. We may change or introduce fees on reasonable prior notice, and any change will not apply retroactively to obligations already incurred.

9. Suspension and termination
You may close your Account or a Workspace at any time. We may suspend or close your Account or any Workspace, with or without notice, if we reasonably believe you have breached these Terms, applicable law, or our risk and compliance policies. We may also suspend access while we investigate suspected misuse. On termination, sections that by their nature should survive (including the licence to your Content for legitimate retention, risk and liability sections, governing law and dispute resolution, and any payment obligations already incurred) will continue to apply.

10. Disclaimers
The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Live Capital Limited disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure against every conceivable threat, although we work to make it reliable and safe. Location data, photographs, timestamps, and automated flags produced by the Platform depend on the device, network, and information supplied by the person submitting them, and we do not warrant that they are accurate or complete. They are a record for you to review, not a finding by us, and any decision you take about a Driver on the basis of that record is yours alone. Statements made by Account Holders, Admins, Drivers, or other users are their statements, not ours.

11. Limitation of liability and indemnity
To the maximum extent permitted by law, Live Capital Limited (and our officers, directors, employees, and agents) will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profit, revenue, business, goodwill, anticipated savings, opportunity, or data, arising out of or in connection with the Platform or these Terms, whether based in contract, tort (including negligence), or any other theory, even if we have been advised of the possibility of such loss. Our aggregate liability to you for any claim arising out of or relating to these Terms or the Platform will not exceed the greater of (a) the fees you have paid to us in the twelve (12) months immediately before the event giving rise to the claim, and (b) one hundred United States dollars (USD 100). Nothing in this section limits liability that cannot be limited under applicable law, including liability for fraud or for personal injury caused by negligence. You will indemnify and hold Live Capital Limited harmless from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of (i) your breach of these Terms or applicable law, (ii) your Content, (iii) your collection, use, or disclosure of information about your Drivers, or (iv) your use of the Platform in a way that injures another user or a third party.

12. Intellectual property
The Platform, including its software, design, trademarks, logos, and branding (including the names "BetaDriva" and "Live Capital") are owned by Live Capital Limited or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Platform in accordance with these Terms. No other rights are granted by implication.

13. Third-party services and privacy
Parts of the Platform rely on third-party services, for example hosting, email and SMS delivery, analytics, identity verification, and mapping or location services. Their availability and behaviour are outside our direct control, and your use of those services may be subject to their own terms. Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

14. Changes to these Terms
We may update these Terms from time to time. If we make a material change, we will give reasonable notice (for example, by email or by an in-product banner) before the change takes effect. Your continued use of the Platform after the change becomes effective means you accept the updated Terms. If you do not accept the change, you should close your Account before it takes effect.

15. Governing law and dispute resolution
These Terms and any dispute arising out of or in connection with them or with the Platform are governed by the laws of the Federal Republic of Nigeria, without regard to its conflict-of-laws principles. The parties will first try in good faith to resolve any dispute by negotiation, by notifying the other party in writing of the dispute and giving the other party at least thirty (30) days to respond. If the dispute is not resolved within sixty (60) days of that notice, it will be finally settled by arbitration administered by the Lagos Court of Arbitration under its rules in force at the time of submission. The seat of arbitration will be Lagos, Nigeria. The arbitral tribunal will consist of one arbitrator. The language of the arbitration will be English. Either party may seek urgent interim or injunctive relief from a court of competent jurisdiction in Lagos pending the constitution of the tribunal.

16. Miscellaneous
Entire agreement. These Terms, together with the Privacy Policy and any plan-specific terms you accept, are the entire agreement between you and Live Capital Limited regarding the Platform. Severability. If any part of these Terms is held unenforceable, the rest remains in effect. No waiver. A failure to enforce a right is not a waiver of that right. Assignment. You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or in connection with a reorganisation or sale of substantially all our assets. Force majeure. Neither party is liable for failure to perform due to events beyond reasonable control, including acts of government, internet outages, cyberattacks, civil unrest, or natural disasters. Notices. We may give you notice by email or through the Platform. You can give us notice by post to the address in section 17.

17. Contact
Live Capital Limited (RC 7880441)
32C Cameron Road, Ikoyi, Lagos, Nigeria
+234 (0) 901 392 2180