Terms of Service

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the fleetBASE® Application Programming Interface ("API") provided by National Energy Control Services, Inc. ("NECS®," "we," "us," or "our"). By accessing or using the API, you agree to be bound by these Terms. If you do not agree to all of the Terms, you are not authorized to access or use the API.

2. Definitions

  • API: The fleetBASE® Application Programming Interface, which allows you to integrate with NECS® services.

  • API Client: Your application or service that accesses the API.

  • Account: Your account on the NECS® platform that allows you to access and manage your API Keys.

  • API Keys: Unique identifiers used to authenticate your API Client and track your usage.

  • Content: Data or information transmitted through the API, including but not limited to text, data, images, and audio.

  • Documentation: The technical documentation for the API, which is available on our website.

  • You or Your: The individual or entity using the API.

3. Account and Registration

To access the API, you will need an account created on the NECS® platform. You are responsible for maintaining the security of your account and API Keys. You are also responsible for all activity that occurs under your account.

4. Using Our APIs

You agree to use the API in a lawful manner and in accordance with these Terms and all applicable laws and regulations. We prohibit actions that could disrupt, damage, or overburden our infrastructure. You will not:

  • Use the API for any illegal or unauthorized purpose.

  • Disrupt, damage, disable, overburden, or destroy our servers or networks.

  • Attempt unauthorized access to the API or related systems.

  • Reverse engineer, decompile, disassemble, or derive the source code of the API.

  • Remove or modify proprietary markings from the API.

  • Use the API to compete with NECS® services.

5. Your API Clients

You are responsible for ensuring that your API Clients comply with these Terms. You will take all reasonable steps to prevent unauthorized access to your API Keys and keep them confidential.

6. Prohibitions and Confidentiality

We emphasize that you must not:

  • Fail to comply with privacy laws.

  • Violate the privacy of others through the API.

  • Transmit illegal, harmful, or offensive Content.

  • Transmit Content that infringes on the intellectual property rights of others.

  • You agree to keep confidential any non-public information obtained through the API.

7. Content

You are responsible for all Content transmitted through your API Client. NECS® does not endorse or control Content you provide, and we make no guarantees about its accuracy, completeness, or legality.

8. Brand Features; Attribution

NECS® brand features (logos, trademarks) may be used only as permitted by written agreement from an authorized NECS® representative. You agree to include appropriate attribution when using NECS® brand features.

9. Privacy and Copyright Protection

NECS® respects user privacy and intellectual property rights. You agree to comply with all applicable privacy laws and regulations and to respect the intellectual property rights of others when using the API.

10. Termination

NECS® reserves the right to terminate these Terms or your access to the API at any time for any reason, with or without notice. You may terminate these Terms by ceasing to use the API. These Terms may change from time to time and will remain available on the developer portal.

11. Performance/Pricing

NECS® reserves the right to provide the API as a courtesy or to charge a fee based on separate agreement and can include a variable structure to cover costs associated with providing the service and administrative/maintenance fees. NECS® reserves the right to implement API Rate Limiting which can include user-based limits, location-based limits, or server-based limits. If a user exceeds the limits, or the API is used in a manner inconsistent with our expectations, requests may be throttled or denied.

12. Liability for our APIs

The API is provided "AS IS" and on an "AS AVAILABLE" basis. NECS® makes no warranties, express or implied, with respect to the API, including but not limited to merchantability, fitness for a particular purpose, non-infringement, or course of dealing or usage. NECS® does not warrant that the API will be error free, uninterrupted or secure.

To the maximum extent permitted by law, NECS® will not be liable for any damages arising out of or related to your use of the API, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages.

13. General Provisions

With respect to the API directly, these Terms constitute the entire agreement between you and NECS® and supersede all prior or contemporaneous communications and proposals, whether oral or written.

14. Governing Law

This Agreement shall be governed by the laws of the State of Indiana. You and NECS® agree to submit to the jurisdiction of the state courts located in Dubois County, Indiana, or the United States District Courts of the Southern District of Indiana. You waive the right to a trial by jury with respect to any action, at law or in equity, arising out of this Agreement. You agree to pay all costs of collection or enforcement of any provisions of this Agreement or any action for your breach of this Agreement, including but not limited to attorney fees, expenses, interest, travel, and court costs.