Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Truck Command LLC, a California limited liability company with its principal place of business in San Bernardino County, California ("Truck Command," "Company," "we," "us," or "our").

These Terms govern your access to and use of the Truck Command software-as-a-service platform, including our website at truckcommand.app, mobile applications, application programming interfaces (APIs), and all related services, features, content, and functionality (collectively, the "Services").

By creating an account, accessing, or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Cookie Policy, and our Acceptable Use Policy, all of which are incorporated herein by reference.

2. Definitions

For purposes of these Terms, the following definitions apply:

• "Account" means the unique account created for you to access and use the Services.
• "Authorized Users" means individuals authorized by you to use the Services under your Account, including employees, contractors, and agents.
• "Customer Data" means all data, information, and content that you or your Authorized Users submit, upload, or transmit to or through the Services, including but not limited to fleet information, driver data, load details, financial records, compliance documents, and fuel/mileage logs.
• "Documentation" means the user guides, help files, and other documentation we make available regarding the use of the Services.
• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights.
• "Services" means the Truck Command cloud-based trucking fleet management platform, including all features for invoicing, dispatching, IFTA calculations, expense tracking, compliance management, fuel tracking, state mileage reporting, fleet management, and customer relationship management.
• "Subscription" means your purchase of access to the Services for a defined period under a specific plan.
• "Subscription Term" means the period during which you have paid access to the Services.

3. Eligibility

To use the Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction;
• Have the legal authority to enter into these Terms on behalf of yourself or the entity you represent;
• Not be prohibited from using the Services under any applicable law;
• Operate a legitimate trucking, transportation, or logistics business (for commercial accounts);
• Provide accurate and complete registration information.

If you are using the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and the entity.

4. Account Registration and Security

4.1 Account Creation

To access most features of the Services, you must create an Account. When registering, you agree to provide accurate, current, and complete information, including your legal name, email address, company information, and any other required details.

4.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your Account credentials;
• All activities that occur under your Account;
• Immediately notifying us of any unauthorized access or security breach at support@truckcommand.com;
• Ensuring that your Authorized Users comply with these Terms.

We will not be liable for any loss or damage arising from unauthorized access to your Account resulting from your failure to safeguard your credentials.

4.3 Account Information Updates

You must promptly update your Account information if any changes occur. Failure to maintain accurate Account information may result in inability to access the Services or receive important communications.

5. Subscription Terms and Billing

5.1 Subscription Plans

The Services are offered through various subscription plans with different features and pricing. Current plan details, features, and pricing are available on our Pricing page. We reserve the right to modify plans, features, and pricing at any time, subject to the notice requirements below.

5.2 Free Trial

We may offer a free trial period for new users. During the trial:

• You will have access to specified features of the Services;
• No payment information is required to start the trial;
• The trial period is thirty (30) days unless otherwise specified;
• At the end of the trial, you must subscribe to continue using paid features;
• We may modify or discontinue trial offers at any time.

5.3 Billing and Payment

By subscribing to a paid plan, you agree to pay all fees associated with your selected plan. All fees are:

• Charged in U.S. Dollars (USD);
• Due in advance for each billing cycle (monthly or annual);
• Non-refundable except as expressly stated herein or required by law;
• Subject to applicable taxes, which you are responsible for paying.

Payment processing is handled by Stripe, Inc. By providing payment information, you authorize us to charge your designated payment method for all applicable fees.

5.4 Automatic Renewal

In compliance with California law (AB 2863):

• Annual Reminders: We will send you a reminder about your automatic renewal at least 15 days but no more than 45 days before each annual renewal date;
• Fee Changes: If your subscription fee increases, we will notify you at least seven (7) days before the new fee takes effect, along with clear instructions on how to cancel;
• Easy Cancellation: You may cancel your subscription using the same method you used to subscribe (online through your account dashboard).

5.5 Cancellation

You may cancel your subscription at any time by:

• Accessing your Account settings and clicking "Cancel Subscription";
• Emailing us at support@truckcommand.com.

Upon cancellation:

• You will retain access to paid features until the end of your current billing period;
• No refunds will be issued for partial billing periods unless required by law;
• Your Account will convert to a limited free tier (if available) or be deactivated;
• Your Customer Data will be retained for thirty (30) days, after which it may be deleted.

5.6 Refunds

Except as required by applicable law, all fees are non-refundable. We may, at our sole discretion, provide refunds, credits, or other consideration on a case-by-case basis. Requests for refunds should be directed to support@truckcommand.com.

5.7 Fee Changes

We may modify our fees at any time. For existing subscribers:

• Fee increases will not apply until your next renewal period;
• We will provide at least thirty (30) days' notice before any fee increase takes effect;
• You may cancel your subscription if you do not agree to the new fees;
• Continued use after the fee change constitutes acceptance of the new fees.

6. License and Use Rights

6.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes during your Subscription Term.

6.2 License Restrictions

You shall not, and shall not permit any third party to:

• Copy, modify, or create derivative works of the Services;
• Reverse engineer, disassemble, decompile, or attempt to discover the source code of the Services;
• Rent, lease, sell, sublicense, or transfer the Services to any third party;
• Use the Services to develop a competing product or service;
• Remove, alter, or obscure any proprietary notices on the Services;
• Use the Services in violation of any applicable law or regulation;
• Use automated means (bots, scrapers, etc.) to access the Services without our express written permission;
• Interfere with or disrupt the integrity or performance of the Services;
• Attempt to gain unauthorized access to the Services or related systems.

7. Customer Data

7.1 Ownership

You retain all ownership rights in your Customer Data. We do not claim any ownership interest in your Customer Data.

7.2 License to Customer Data

You grant us a limited, non-exclusive, worldwide license to use, copy, store, transmit, and display your Customer Data solely to:

• Provide and maintain the Services;
• Improve and develop the Services;
• Generate aggregated, anonymized analytics (which will not identify you or any individual);
• Comply with legal obligations;
• Enforce these Terms.

7.3 Customer Data Responsibilities

You are solely responsible for:

• The accuracy, quality, and legality of your Customer Data;
• Obtaining all necessary consents and authorizations to collect and use data from drivers, customers, and other third parties;
• Ensuring your use of Customer Data complies with all applicable privacy laws;
• Maintaining appropriate backups of your Customer Data;
• Not uploading any data that infringes third-party rights or violates any law.

7.4 Data Retention and Deletion

Upon termination or expiration of your Subscription:

• You may export your Customer Data within thirty (30) days;
• After thirty (30) days, we may delete your Customer Data;
• We may retain certain data as required by law or for legitimate business purposes;
• Aggregated, anonymized data may be retained indefinitely.

8. Intellectual Property

8.1 Our Intellectual Property

The Services, including all software, algorithms, user interfaces, designs, graphics, trademarks, service marks, logos, and Documentation, are owned by Truck Command LLC or its licensors and are protected by United States and international intellectual property laws.

"Truck Command," the Truck Command logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Truck Command LLC. You may not use such marks without our prior written permission.

8.2 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Services without any obligation to compensate you.

9. Third-Party Services and Integrations

The Services may integrate with or contain links to third-party services, including:

• Payment Processing: Stripe, Inc.
• Authentication: Supabase
• Analytics: Various analytics providers
• Mapping Services: For route and mileage calculations

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the content, privacy practices, or operations of any third-party services.

10. Disclaimers

10.1 No Warranty

We do not warrant that:

• The Services will meet your specific requirements;
• The Services will be uninterrupted, timely, secure, or error-free;
• The results obtained from using the Services will be accurate or reliable;
• Any errors in the Services will be corrected;
• The Services will be compatible with any particular hardware, software, or network.

10.2 IFTA and Compliance Disclaimer

IMPORTANT: While our Services include tools for IFTA calculations, mileage tracking, and compliance document management, these features are provided as aids only. You are solely responsible for:

• Verifying all calculations before submitting regulatory filings;
• Maintaining compliance with FMCSA, DOT, and state regulations;
• Ensuring the accuracy of data entered into the system;
• Consulting with qualified professionals for regulatory compliance advice.

Truck Command is not a substitute for professional accounting, legal, or regulatory compliance advice. We are not liable for any penalties, fines, or damages resulting from reliance on calculations or features provided by the Services.

10.3 Financial Information Disclaimer

Financial reports, invoices, expense tracking, and other financial features are provided for informational and operational purposes only. We do not provide financial, tax, or accounting advice. You should consult with qualified professionals regarding financial and tax matters.

11. Limitation of Liability

11.1 Exclusion of Certain Damages

IN NO EVENT SHALL TRUCK COMMAND LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business;
• Loss of data or Customer Data;
• Loss of goodwill or reputation;
• Cost of procurement of substitute services;
• Business interruption;
• Regulatory penalties or fines;
• Any other intangible losses.

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

11.2 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• The amounts paid by you to Truck Command during the twelve (12) months immediately preceding the event giving rise to the claim; or
• One Hundred U.S. Dollars ($100.00).

11.3 Basis of the Bargain

The limitations of liability in this Section reflect a reasonable allocation of risk and are a fundamental basis of the bargain between you and Truck Command. The Services would not be provided without these limitations.

11.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Truck Command LLC and its members, managers, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services;
• Your Customer Data;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or third-party rights;
• Any claims by your employees, contractors, drivers, or other Authorized Users;
• Any regulatory actions, audits, or penalties related to your business operations;
• Your negligent or wrongful acts or omissions.

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with our defense of any such claim.

13. Termination

13.1 Termination by You

You may terminate your Account at any time by canceling your subscription and deleting your Account through the account settings or by contacting us.

13.2 Termination by Us

We may suspend or terminate your access to the Services immediately, without prior notice or liability, if:

• You breach any provision of these Terms;
• You fail to pay any fees when due;
• Your use poses a security risk to the Services or other users;
• We are required to do so by law;
• We discontinue the Services (with reasonable notice where practicable).

13.3 Effect of Termination

Upon termination:

• Your license to use the Services immediately terminates;
• You remain liable for all fees accrued prior to termination;
• Sections 7 (Customer Data - certain provisions), 8 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 15-17 shall survive termination.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@truckcommand.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within sixty (60) days.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Truck Command agree to resolve any disputes through binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, except as modified by these Terms. The arbitration will be conducted in San Bernardino County, California, or at another mutually agreed location.

14.3 Class Action Waiver

YOU AND TRUCK COMMAND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

14.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@truckcommand.com within thirty (30) days of first accepting these Terms. Your notice must include your name, Account information, and a clear statement that you wish to opt out.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in San Bernardino County, California.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and Acceptable Use Policy, constitute the entire agreement between you and Truck Command regarding the Services and supersede all prior agreements and understandings.

16.2 Modifications

We may modify these Terms at any time. Material changes will be communicated via email or notice within the Services at least thirty (30) days before they take effect. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms.

16.3 Waiver

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

16.4 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16.6 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet service failures.

16.7 Independent Contractors

The relationship between you and Truck Command is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

16.8 Notices

Notices to you may be sent to the email address associated with your Account. Notices to us should be sent to:

17. Contact Information

If you have any questions about these Terms of Service, please contact us: