Terms of Service

Agreement to these Terms

These Terms of Service (the “Terms”) are a binding agreement between Dump Truck Dispatcher, Inc. (“Dump Truck Dispatcher,” “we,” “us” or “our”) and the business or organization that creates a Compliant Fleet account (the “Customer” or “you”). They govern your use of the Compliant Fleet website, web and mobile applications, and related services (the “Service”).

By creating an account, starting a trial, clicking to accept, or using the Service, you agree to these Terms. If you accept them on behalf of a company, you confirm that you have authority to bind that company. If you do not agree, do not use the Service. The Service is for business use only, and you must be at least 18 to use it.

Our Privacy Policy explains how we handle personal information and is part of these Terms.

Definitions

• “Customer Data” means all information, records and files that you or your Users enter into or upload to the Service. That includes driver, employee, vehicle, inspection, maintenance and compliance records.
• “Users” means the people you allow to access the Service under your account, such as your employees, contractors and drivers.
• “Subscription” means the plan, billing period and quantity (for example, number of drivers or vehicles) you select.
• “Documentation” means our help articles and in-product guidance for the Service.

Using the Service

Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable right during your Subscription to access and use the Service for your internal business purposes.

• You are responsible for your Users and everything that happens under your account. Keep login credentials confidential and tell us promptly if you suspect unauthorized access.
• You must give us accurate account and billing information and keep it current.
• We may update and improve the Service over time. We may add, change or remove features, but we will not materially reduce the core functionality of your paid plan during your current billing period.
• We may offer beta or preview features. They are provided as is, may change or be discontinued, and are not covered by any support commitment.

Compliance responsibility and no legal advice

Compliant Fleet is recordkeeping and reminder software. It is a tool to help you organize records and track dates; it is not a compliance service, and it does not make you compliant.

• You remain responsible for your own compliance with the Federal Motor Carrier Safety Regulations, 49 CFR Part 40, state laws and all other laws that apply to your operation. That includes deciding which requirements apply to you, keeping required records for the required periods, meeting deadlines and deciding whether a driver or vehicle may operate.
• We do not give legal, safety or regulatory advice. Regulatory references, checklists, templates and explanations in the Service or on our website are general information. They may not reflect the latest changes or your specific situation. Consult a qualified professional for advice.
• Reminders are an aid and not a guarantee. Alerts, digests, scores, statuses and reports depend on the data you enter and on email and system delivery we do not fully control. A missing, late or incorrect alert does not relieve you of any obligation.
• We are not a testing, screening or filing provider. We are not a drug and alcohol testing laboratory, medical review officer, consortium or third-party administrator, consumer reporting agency, or filing service. We do not order motor vehicle records, submit filings to any agency, or deal with regulators for you.
• We do not guarantee any result in an audit, compliance review, investigation, roadside inspection or safety rating.

Your data

• You own your Customer Data. You grant us a limited license to host, copy, process, transmit and display Customer Data only as needed to provide, secure, support and improve the Service, and as described in our Privacy Policy.
• You are responsible for your Customer Data. That covers its accuracy, and for having the rights, notices and consents needed to collect it and enter it into the Service. This includes driver authorizations and disclosures required under the Fair Credit Reporting Act, the Driver’s Privacy Protection Act, 49 CFR Part 40 and Part 382, and state law. You are also responsible for limiting access to confidential records, such as drug and alcohol testing information, to Users who are allowed to see them.
• Driver notices. If you turn on driver notices, you authorize us to send messages about upcoming expirations to the drivers you add, and you confirm you have the right to contact them this way.
• Export and deletion. You can export your data from the Service while your Subscription is active. After it ends, you have 30 days to export your data. We then delete or de-identify it within 90 days, except as required by law or held in routine backups.
• Aggregated data. We may use aggregated or de-identified data that does not identify you, your Users or your drivers to operate, analyze and improve the Service.

Acceptable use

You and your Users will not:

• Use the Service to break any law, or to store information you have no right to collect or share
• Upload malware or content that infringes someone else’s rights
• Try to gain unauthorized access to the Service or other customers’ data, or probe, scan or test its vulnerabilities without our written permission
• Interfere with or disrupt the Service, or put an unreasonable load on its infrastructure
• Copy, modify, reverse engineer or create derivative works of the Service, except as the law allows
• Resell, sublicense or provide the Service to third parties, or use it to build a competing product
• Share login credentials between people, or get around plan limits

Trials, fees and billing

• Free trial. Trials last XX days unless we say otherwise. At the end of the trial, your Subscription starts and your payment method is charged unless you cancel first. We may change or end trial offers at any time.
• Fees. You agree to pay the fees for your Subscription as shown on our pricing page or in your order at the time of purchase. Fees are based on the plan and quantity you select, such as the number of drivers or vehicles. If your usage goes above the quantity you purchased, we may bill for the added quantity.
• Automatic renewal. Subscriptions renew automatically for the same billing period (monthly or annual) until cancelled. You authorize us and our payment processor to charge your payment method at the start of each billing period.
• Price changes. We may change our prices. The change will take effect at your next renewal, and we will give you at least 30 days’ notice.
• Taxes. Fees do not include taxes. You are responsible for any sales, use, value-added or similar taxes, other than taxes on our income.
• Late or failed payment. If a payment fails, we may retry the charge. If it is not resolved within 15 days of notice, we may suspend the Service until it is paid.
• Refunds. Fees are non-refundable except where required by law or where these Terms say otherwise. Confirm refund policy, for example a pro-rated refund on annual plans.

Term, cancellation and termination

• Cancelling. You may cancel at any time from your account settings or by contacting us. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Suspension. We may suspend access if you fail to pay, if your use threatens the security or integrity of the Service or other customers, or if needed to comply with law. Where practical, we will notify you first and give you a chance to fix the problem.
• Termination for breach. Either party may end these Terms if the other materially breaches them and does not fix the breach within 30 days of written notice. We may terminate right away for serious violations of the acceptable use section.
• What happens at the end. Your right to use the Service ends, and the export and deletion rules in section 5 apply. Sections that by their nature should survive will survive, including those on data, fees owed, disclaimers, limits of liability, indemnity and disputes.

Third-party services and integrations

The Service can connect to third-party products, such as telematics providers, email and payment services. Your use of those products is governed by their own terms. We are not responsible for third-party products or for data after it leaves the Service at your direction. If a third party changes or stops an integration, we may need to change or stop our support for it.

Intellectual property and feedback

We and our licensors own the Service, including its software, design, text, graphics, logos and the Compliant Fleet name and marks. These Terms do not give you any rights to them except the limited right to use the Service described above.

If you send us suggestions or feedback, we may use them without restriction or payment to you.

Confidentiality

Each party may receive non-public information from the other that is marked confidential or should reasonably be understood to be confidential, including Customer Data, pricing and non-public product information. The receiving party will use it only to perform under these Terms and will protect it with reasonable care. It will not disclose it except to employees, contractors and advisors who need to know it and are bound by similar obligations, or when required by law. This does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, or was independently developed or rightfully received from someone else.

Availability and support

We work to keep the Service available and performing well, but it may be interrupted for maintenance, upgrades, network problems or events outside our control. We will try to schedule planned maintenance outside normal business hours and to give notice of significant planned downtime. Support is available by email at hello@compliantfleet.com during Monday to Friday, 8am to 5pm ET. We do not provide a service level agreement unless we agree to one in writing.

Disclaimer of warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE, DOCUMENTATION AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, DUMP TRUCK DISPATCHER, INC. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. THAT INCLUDES WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALERTS OR REMINDERS WILL BE DELIVERED OR ON TIME, THAT REGULATORY INFORMATION IS COMPLETE OR CURRENT, OR THAT USING THE SERVICE WILL MAKE YOU COMPLIANT WITH ANY LAW OR REGULATION.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS OR DATA. THIS INCLUDES FINES, PENALTIES, OUT-OF-SERVICE ORDERS, DOWNGRADED SAFETY RATINGS OR INSURANCE COSTS THAT RESULT FROM A MISSED OR INCORRECT REQUIREMENT, EVEN IF THE PARTY WAS ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO DUMP TRUCK DISPATCHER, INC. FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, TO YOUR INDEMNITY OBLIGATIONS, OR TO LIABILITY THAT CANNOT BE LIMITED BY LAW.

Indemnification

You will defend, indemnify and hold harmless Dump Truck Dispatcher, Inc. and its officers, directors, employees and agents from any third-party claims, damages, fines, losses and expenses, including reasonable attorneys’ fees, arising from:

• Your Customer Data, including a claim that you collected or used it without the required rights, notices or consents
• Your or your Users’ violation of these Terms or of law
• Your operations, including decisions about whether a driver or vehicle may operate

We will promptly notify you of any claim, let you control the defense, and reasonably cooperate at your expense. You may not settle a claim in a way that imposes an obligation on us without our consent.

Governing law and disputes

These Terms are governed by the laws of the State of State, without regard to its conflict of law rules. Each party agrees to the exclusive jurisdiction of the state and federal courts located in County, State for any dispute arising out of or relating to these Terms or the Service. Either party may still seek injunctive relief in any court with jurisdiction to protect its intellectual property or confidential information. Before filing a claim, each party agrees to try to resolve the dispute informally for 30 days after written notice.

Changes to these Terms

We may update these Terms from time to time. We will post the new version here and change the date at the top of the page. If a change is material, we will notify account owners by email or in the Service at least 30 days before it takes effect. If you continue to use the Service after the change takes effect, you accept the updated Terms. If you do not agree, cancel before the effective date.

General terms

• Entire agreement. These Terms, the Privacy Policy and any order form or data processing agreement we sign with you are the entire agreement between us about the Service. A signed agreement controls if it conflicts with these Terms.
• Assignment. Neither party may assign these Terms without the other’s consent, except to a successor in a merger, acquisition or sale of substantially all of its assets or the relevant business.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, other than failure to pay fees.
• Notices. We may send notices to the email address on your account. You may send notices to hello@compliantfleet.com or to our mailing address below.
• Independent parties. The parties are independent contractors. Nothing in these Terms creates a partnership, employment or agency relationship.
• Severability and waiver. If any part of these Terms is found unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver of it.
• Export and sanctions. You will not use or allow access to the Service in violation of U.S. export control or sanctions laws.

Contact us

Dump Truck Dispatcher, Inc.
Street address, City, ST ZIP
Email: hello@compliantfleet.com