1. Acceptance of Terms

By accessing and using FleetGear TMS ("the Service", "Platform", "Software"), you accept and agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

2. Description of Service

FleetGear TMS is a Software-as-a-Service (SaaS) platform providing comprehensive trucking management solutions including:

• Load and dispatch management
• Driver and fleet tracking
• Electronic invoicing and factoring integration
• DOT compliance and IFTA/IRP reporting
• Document management and digital signatures
• Financial reporting and driver settlements
• Amazon Relay load integration
• ELD integration for Hours of Service compliance

3. User Accounts and Registration

3.1 Account Creation: You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Security: You agree to immediately notify us of any unauthorized use of your account. We are not liable for losses caused by unauthorized use of your credentials.

3.3 Account Types: The Service offers different user roles (Owner, Admin, Driver) with varying access levels. You are responsible for properly configuring user permissions.

3.4 Multi-Tenancy: Each company account operates in a secure, isolated environment. You may only access data belonging to your company.

4. Free Trial

New users are eligible for a 30-day free trial. No credit card is required during the trial period. At the end of the trial, continued access requires subscription to a paid plan.

5. Subscription Plans

Navigator Plan: $49/month for first 3 trucks + $7/month per additional truck.
Commander Plan: $99/month for first 3 trucks + $9/month per additional truck.

All new accounts include a 30-day free trial. Pricing is subject to change with 30 days notice to existing subscribers.

6. Payment Terms

Subscriptions are billed monthly. Payment is due at the beginning of each billing cycle. Failure to pay may result in service suspension.

7. Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing cycle. No refunds are provided for partial months.

8. Data Ownership and Usage Rights

8.1 Your Data: You retain all ownership rights to your data including loads, drivers, vehicles, documents, and financial records. We claim no intellectual property rights over your data.

8.2 Our Rights: You grant us a limited license to use, store, and process your data solely to provide and improve the Service.

8.3 Data Export: You may export your data at any time through the platform. Upon account termination, you have 90 days to request a complete data export.

8.4 Data Protection: We will never sell, rent, or trade your data. See our Privacy Policy for details on data handling and security.

9. Service Availability and Support

9.1 Uptime: We target 99.9% uptime but do not guarantee uninterrupted access. Scheduled maintenance will be announced 48 hours in advance when possible.

9.2 Support: Navigator and Commander plans include email and chat support. Response times vary by plan level.

9.3 Service Interruptions: We are not liable for service interruptions due to circumstances beyond our control including internet outages, third-party service failures, or force majeure events.

10. Acceptable Use and Prohibited Activities

10.1 Compliance: You agree to use the Service in compliance with all applicable federal, state, and local laws including DOT regulations, FMCSA requirements, and data protection laws.

10.2 Prohibited Uses: You may not use the Service to:

• Violate any laws, regulations, or third-party rights
• Infringe on intellectual property rights
• Transmit malicious code, viruses, or malware
• Attempt unauthorized access to our systems or other users' data
• Reverse engineer, decompile, or disassemble the Service
• Resell, sublicense, or redistribute the Service without authorization
• Submit false, misleading, or fraudulent information
• Interfere with or disrupt the Service or servers
• Use automated systems to scrape or extract data
• Harass, threaten, or abuse other users

10.3 Data Accuracy: You are responsible for ensuring the accuracy of data entered into the Service. We are not liable for errors in reports or compliance filings resulting from inaccurate input data.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, reliability, or completeness of data
• Uninterrupted or error-free operation
• Security or freedom from viruses

We do not warrant that the Service will meet your specific requirements or that it will comply with all DOT or FMCSA regulations for your specific use case. You are responsible for ensuring your use of the Service meets applicable regulatory requirements.

12. Limitation of Liability

12.1 Exclusion of Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLEETGEAR TMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

• Loss of profits, revenue, or business opportunities
• Loss or corruption of data
• DOT fines or penalties
• Costs of substitute services
• Business interruption

12.2 Cap on Liability: Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $500, whichever is greater.

12.3 Jurisdictional Limitations: Some jurisdictions do not allow exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless FleetGear TMS, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Violation of these Terms
• Violation of any laws or regulations
• Violation of third-party rights
• Data you submit to the Service
• Actions of users under your account

14. Intellectual Property Rights

14.1 Our Rights: FleetGear TMS and all related trademarks, logos, designs, and software are owned by us or our licensors. You may not copy, modify, or create derivative works without our written permission.

14.2 Feedback: If you provide suggestions, ideas, or feedback about the Service, we may use them without any obligation to you.

15. Changes to Terms

15.1 Modifications: We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification 30 days before taking effect.

15.2 Acceptance: Continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree, you must discontinue use and may cancel your subscription.

16. Termination

16.1 By You: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing cycle.

16.2 By Us: We may terminate or suspend your account immediately for:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Repeated complaints from other users

16.3 Effect of Termination: Upon termination, your access to the Service will cease. We will retain your data according to our Privacy Policy and legal requirements. You have 90 days to request a data export.

17. Dispute Resolution and Arbitration

17.1 Informal Resolution: Before filing any formal claim, you agree to contact us at legal@fleetgeartms.com to attempt informal resolution.

17.2 Binding Arbitration: Any disputes that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in Dallas, Texas.

17.3 Class Action Waiver: You agree that disputes will be resolved on an individual basis and waive the right to participate in class actions or class-wide arbitration.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law provisions. Any legal action not subject to arbitration must be brought in state or federal courts located in Dallas County, Texas.

19. Third-Party Integrations

The Service may integrate with third-party services (Google Maps, Stripe, ELD providers, factoring companies). Your use of these integrations is subject to their respective terms and conditions. We are not responsible for third-party services' performance or data handling.

20. Export Controls

You agree to comply with all applicable export and import laws and regulations. You may not use the Service in countries subject to U.S. trade embargoes or sanctions.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FleetGear TMS regarding use of the Service, superseding any prior agreements.

22. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

23. No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

24. Contact Information

For questions about these Terms of Service, please contact us at:
Email: fleetgear@nirvanaenterprisesoln.com
Phone: +14698559421