Terms of Service

These Terms contain a MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER (Section 16). These provisions affect your legal rights. You may opt out of the arbitration agreement within thirty (30) days as set forth in Section 16.

1. Acceptance of Terms; Changes

1.1 Acceptance

By creating an account, accessing, installing, downloading, or otherwise using the Service, you represent that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all other documents incorporated herein by reference. If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “You” refers to that entity.

1.2 Changes to These Terms

We may modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms at fleetcache.com and updating the Effective Date above, and where legally required, by sending notice to the email address associated with your account. Your continued use of the Service after the Effective Date of the revised Terms constitutes your acceptance of those revised Terms. If you do not agree to the revised Terms, your sole remedy is to stop using the Service and cancel your subscription.

1.3 Changes to the Service

We reserve the right to modify, suspend, or discontinue any feature, functionality, or part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

2. Account Registration and Eligibility

2.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract under the laws of the United States to use the Service. By using the Service, you represent and warrant that you meet these requirements.

2.2 Account Information

When you create an account, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account; and (d) promptly notify FleetCache at support@fleetcache.com if you discover or otherwise suspect any unauthorized use of your account or security breach.

2.3 Account Types

FleetCache provides several account types, including but not limited to: Company Accounts (for trucking carriers, fleet operators, and similar businesses), Driver Accounts (personal accounts for individual commercial drivers, available at no cost), Owner-Operator Accounts, and Administrative Sub-Accounts created by Company Administrators. Different account types have different features, permissions, billing terms, and restrictions as described in these Terms and in the Service itself.

2.4 Responsibility for Sub-Accounts

If you are a Company Account holder, you are responsible for the conduct of all users of your Company Account, including administrators, managers, sub-users, and any drivers who are linked to your Company Account. You agree to ensure that all such users comply with these Terms.

3. Subscription, Billing, and Payment

3.1 Subscription Plans

Certain features of the Service are provided on a paid subscription basis. Current subscription plans, pricing tiers, and included features are set forth at fleetcache.com/pricing or within the Service. Paid plans are billed on an annual recurring basis unless otherwise specified.

3.2 Payment Authorization

By providing a payment method, you authorize FleetCache (and its third-party payment processors, including Stripe, Inc.) to charge the payment method for all fees owed under your selected plan, including any applicable taxes. You represent that you are authorized to use the payment method provided and that the information you submit is true and correct.

3.3 Automatic Renewal

YOUR PAID SUBSCRIPTION AUTOMATICALLY RENEWS FOR SUCCESSIVE TERMS OF THE SAME LENGTH AS YOUR INITIAL TERM (e.g., annual subscriptions renew annually) at the then-current renewal rate, unless you cancel before the end of the current billing term. We will attempt to notify you by email prior to renewal, but the failure of such notice to reach you does not affect the validity of the renewal charge. BY SUBSCRIBING, YOU AUTHORIZE FLEETCACHE TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD AT EACH RENEWAL UNTIL YOU CANCEL.

3.4 No Refunds

ALL FEES ARE NON-REFUNDABLE. FleetCache does not provide refunds, credits, or prorated reimbursements for partial subscription periods, unused features, downtime, dissatisfaction with the Service, failure to use the Service, early cancellation, account suspension or termination for cause, or any other reason, except where required by applicable law. You remain responsible for all fees incurred prior to cancellation.

3.5 Upgrades and Downgrades

3.6 Price Changes

FleetCache reserves the right to change subscription fees at any time. If we change the price of your subscription plan, we will provide you with at least thirty (30) days’ advance notice before the change takes effect. The new pricing will apply on your next billing renewal after the notice period. If you do not agree to the new pricing, your sole remedy is to cancel your subscription before the renewal date. Continued use of the Service after the price change constitutes acceptance of the new pricing.

3.7 Taxes

Fees are exclusive of all applicable sales, use, value-added, and similar taxes. You are responsible for the payment of all such taxes, except for taxes based on FleetCache’s net income. If we are required to collect such taxes, the applicable amount will be added to your invoice.

3.8 Promotional Codes and Discounts

FleetCache may offer promotional codes, discounts, referral credits, or other incentives from time to time. Promotional codes are non-transferable, have no cash value, cannot be combined with other offers unless expressly stated, and may be modified or revoked at any time. Any fraudulent use of promotional codes may result in account termination.

3.9 Late Payments; Failed Payments

If your payment method is declined or payment otherwise fails, we may suspend or terminate your access to paid features until payment is received. You are responsible for any costs, including reasonable attorneys’ fees, incurred in collecting past-due amounts. Past-due amounts may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law.

3.10 Cancellation

You may cancel your subscription at any time by following the cancellation process available in your account settings or by contacting support@fleetcache.com. Cancellation takes effect at the end of your current paid billing term. You will retain access to paid features through the end of the term, but you will not be charged for subsequent renewal terms. Cancellation does not entitle you to a refund of any fees already paid.

4. Free Tier (Driver Accounts)

4.1 Driver Account Availability

FleetCache offers Driver Accounts at no cost to individual commercial drivers. Driver Accounts allow individual drivers to store, organize, and manage their own personal commercial driving credentials, including but not limited to CDLs, medical certificates, endorsements, certifications, and related documents.

4.2 No Guarantee of Continued Free Service

While FleetCache currently offers Driver Accounts free of charge, we reserve the right to modify, limit, suspend, or discontinue the free Driver Account tier at any time, with or without notice, or to introduce fees for features that are currently provided at no cost. We will endeavor to provide reasonable notice of any material changes affecting free Driver Accounts but are under no obligation to do so.

4.3 Limited Liability for Free Users

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO USERS OF FREE DRIVER ACCOUNTS IS LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). The limitations of liability set forth in Section 14 apply with particular force to free-tier users, who pay no consideration for the Service.

4.4 Free Tier Acceptable Use

Free Driver Accounts are intended for the bona fide personal use of individual commercial drivers. You may not use Driver Accounts to operate a business, to store credentials for third parties, to circumvent paid subscription features, to resell access, or in any manner that abuses the free tier. FleetCache reserves the right to suspend or terminate free accounts that we reasonably believe violate this Section or the Acceptable Use Policy in Section 9.

5. Custom Documents, Templates, and User-Defined Fields

5.1 User-Created Content

The Service allows you to create custom document types, templates, fields, categories, and similar user-configurable data structures (“User-Created Schema”). You retain ownership of your User-Created Schema, subject to the license granted in Section 11.3.

5.2 No Validation of User-Created Schema

FleetCache does not review, audit, validate, certify, or endorse any User-Created Schema. You are solely responsible for ensuring that the document types, fields, categories, and expiration tracking you configure accurately reflect the compliance requirements applicable to your business, industry, and jurisdiction. FleetCache makes no representation or warranty that User-Created Schema will satisfy any regulatory, legal, insurance, or business requirement.

6. Compliance Disclaimer; Customer Responsibility

6.1 Information and Organizational Tool Only

6.2 User is Solely Responsible for Compliance

You acknowledge and agree that YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE for your compliance with, and your drivers’, employees’, agents’, and contractors’ compliance with, all applicable federal, state, local, tribal, and international laws, regulations, and rules, including but not limited to those administered by the Federal Motor Carrier Safety Administration (FMCSA), the Department of Transportation (DOT), the Occupational Safety and Health Administration (OSHA), the Environmental Protection Agency (EPA), the Pipeline and Hazardous Materials Safety Administration (PHMSA), state departments of transportation, state public utility commissions, state and local tax authorities, and any other regulatory bodies with jurisdiction over commercial motor vehicle operations, drivers, hazmat transportation, passenger transportation, household goods transportation, waste transportation, construction operations, or any other business you conduct.

6.3 No Guarantee of Accuracy or Completeness

FleetCache does not warrant that any information displayed by, stored in, or produced by the Service is accurate, complete, current, or error-free. Expiration dates, document types, required-document templates, compliance score calculations, reminder schedules, and all other automated features are provided as a convenience only. You are responsible for independently verifying all compliance-related information before relying on it for any business, regulatory, safety, or legal purpose.

6.4 Reminders and Notifications

FleetCache may provide email, push, in-app, SMS, or other notifications regarding document expirations, upcoming deadlines, compliance status, or other events. You acknowledge that notifications may be delayed, may fail to deliver due to technical issues, spam filters, carrier failures, device settings, or other factors beyond our control, and may contain errors. YOU MUST NOT RELY SOLELY ON FLEETCACHE NOTIFICATIONS FOR ANY CRITICAL COMPLIANCE DEADLINE OR REGULATORY OBLIGATION. You remain responsible for independently tracking and meeting all compliance deadlines, regardless of whether you receive a notification from FleetCache.

6.5 No Liability for Compliance Failures

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLEETCACHE SHALL HAVE NO LIABILITY FOR ANY FINE, PENALTY, CITATION, SANCTION, AUDIT FINDING, OUT-OF-SERVICE ORDER, LICENSE SUSPENSION OR REVOCATION, LOSS OF OPERATING AUTHORITY, INSURANCE CLAIM DENIAL, INCREASED PREMIUMS, LOST BUSINESS, LOST REVENUE, LOST PROFITS, OR ANY OTHER DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY LAW, REGULATION, RULE, POLICY, CONTRACT, OR OBLIGATION, REGARDLESS OF WHETHER YOU RELIED ON THE SERVICE IN CONNECTION WITH SUCH COMPLIANCE.

6.6 Consultation with Professionals

You should consult with qualified legal counsel, DOT compliance consultants, safety professionals, insurance advisors, tax advisors, or other relevant professionals regarding your specific compliance obligations. Nothing contained in or produced by the Service constitutes legal, tax, financial, safety, or regulatory advice.

7. Data Ownership, Driver Portability, and Access Rights

7.1 Company Data

As between you and FleetCache, you retain all right, title, and interest in and to the data, documents, and information that you or your authorized users upload to, create in, or submit through the Service in connection with your Company Account, excluding any data that belongs to individual Driver Account holders as described in Section 7.2 (collectively, “Company Data”).

7.2 Driver-Owned Data

FleetCache is built around the principle that individual commercial drivers own their personal professional credentials. Documents uploaded by a driver to their personal Driver Account (including but not limited to CDLs, medical certificates, endorsements, personal certifications, TWIC cards, hazmat endorsements, training records, and related personal documents) belong to the individual driver (“Driver Data”), regardless of whether the driver is linked to or employed by a Company Account.

7.3 Linked Accounts

When a driver links their Driver Account to a Company Account (“Linked Status”), the driver grants that company permission to view, share data with, and in certain cases upload documents on behalf of the driver, as configured within the Service. The driver may revoke Linked Status at any time, at which point the company will lose access to the driver’s personal Driver Data, subject to any copies lawfully created and retained by the company in the ordinary course of its recordkeeping obligations under Section 8.

7.4 Portability Between Jobs

Drivers may maintain their Driver Account, and the credentials stored in it, across multiple jobs and over time. When a driver leaves one employer and joins another, the driver’s Driver Data remains with the driver and may be re-linked to a new Company Account at the driver’s discretion.

7.5 Company Retention Rights

Notwithstanding Section 7.2, a Company Account that previously had access to a driver’s documents may retain copies of those documents in the company’s own records to the extent required by applicable law or reasonably necessary for the company’s own compliance, audit, or recordkeeping purposes, subject to the data retention provisions in Section 8.

7.6 FleetCache Access to Data

You grant FleetCache the rights described in Section 11 to process, store, and transmit Company Data and Driver Data solely to provide and improve the Service. FleetCache will not sell personal data of Driver Account holders. Details of our data handling are set forth in our Privacy Policy.

8. Data Retention

8.1 FMCSA Retention Period

To support your compliance with Federal Motor Carrier Safety Administration (FMCSA) recordkeeping requirements — including the general three-year (3-year) retention requirement applicable to Driver Qualification Files under 49 C.F.R. § 391.51 and related provisions — the Service is designed to retain certain records (including archived driver records, archived vehicle records, credentials associated with archived entities, and related audit logs) for approximately three (3) years after the date of archival.

8.2 Retention Notwithstanding Cancellation

The retention period described in Section 8.1 applies regardless of whether you continue your subscription, downgrade, cancel, or terminate your account during the retention period. By using the Service, you acknowledge and agree that such records will remain in the Service for the retention period for compliance purposes, and that early deletion of such records may compromise your ability to respond to FMCSA audits, litigation holds, or other regulatory inquiries.

8.3 Permanent Deletion Requests

Subject to any overriding legal, regulatory, or contractual obligation to retain the data, you may request permanent deletion of data prior to the end of its retention period by contacting support@fleetcache.com. FleetCache reserves the right to decline early deletion requests that would, in our reasonable judgment, create legal or regulatory risk, or that are made by a user who does not have authority to direct such deletion. Administrators of Company Accounts who authorize permanent deletion of records prior to the end of the retention period do so at their own risk and assume full responsibility for any resulting compliance consequences.

8.4 Post-Termination Access

Upon termination of your subscription or account, you may lose access to the Service and its user interface. For a reasonable period after termination (typically thirty (30) days unless otherwise required by law), you may request an export of your Company Data by contacting support@fleetcache.com. After such period, FleetCache has no obligation to maintain access to the data, though data may remain in our backups or retained per Section 8.1.

8.5 Backups

Data may remain in our encrypted backup systems for an additional period following deletion for disaster recovery purposes. FleetCache maintains reasonable security measures around such backup data consistent with the Privacy Policy.

9. Acceptable Use Policy

9.1 Prohibited Uses

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

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
• Use the Service to store, share, or transmit content that is fraudulent, deceptive, defamatory, obscene, harassing, threatening, or that infringes the rights of any third party;
• Upload any document you know or have reason to know is forged, falsified, altered, or otherwise fraudulent;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Access any part of the Service through any automated means (including bots, scrapers, spiders, data miners, or similar tools) except as expressly permitted by FleetCache;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, or underlying structure, ideas, or algorithms of the Service, except to the extent such restriction is prohibited by applicable law;
• Copy, modify, create derivative works from, distribute, publicly display, publicly perform, republish, download, store, or transmit any of the content of the Service, except as expressly authorized;
• Interfere with, disrupt, or create an undue burden on the Service, including by sending excessive requests, introducing viruses or malicious code, or attempting to gain unauthorized access;
• Probe, scan, or test the vulnerability of the Service or any related system or network, or breach any security or authentication measures;
• Use the Service to develop, train, or improve any artificial intelligence model, machine learning algorithm, large language model, or similar technology;
• Resell, sublicense, rent, lease, or otherwise transfer your access to the Service to any third party, except as expressly authorized by FleetCache;
• Remove, obscure, or alter any proprietary notice, trademark, copyright, or other intellectual property notice within the Service; or
• Use the Service in any manner that could damage, disable, overburden, or impair FleetCache’s infrastructure or networks, or interfere with any other party’s use of the Service.

9.2 Enforcement

FleetCache reserves the right, but has no obligation, to investigate any suspected violation of this Acceptable Use Policy. We may, in our sole discretion, suspend, restrict, or terminate your access to the Service at any time for any suspected violation, with or without notice. We may also report violations to law enforcement or regulatory authorities.

10. Communications

10.1 Email and Electronic Communications

By creating an account, you consent to receive electronic communications from FleetCache, including transactional emails (account-related notices, billing, security alerts, support), service communications (product updates, downtime notices, policy changes), and, unless you opt out, marketing communications. You agree that these electronic communications satisfy any legal requirement that such communications be in writing.

10.2 SMS and Push Notifications

If you enable SMS or push notifications, you consent to receive such messages at the phone number or device registered to your account. Standard message and data rates may apply. You may opt out of non-essential SMS or push notifications at any time through your account settings or by following unsubscribe instructions in a received message; however, you may not be able to opt out of transactional messages required for account security or delivery of the Service. For full details of our SMS program, including message frequency, STOP/HELP keywords, and carrier disclosures, see our SMS Consent & Opt-In Policy.

10.3 Communications Between Drivers and Companies

The Service may facilitate communications between drivers and the companies to which they are linked. FleetCache is not responsible for the content, accuracy, or appropriateness of such communications. Users are responsible for their own communications and compliance with applicable laws, including labor, employment, and privacy laws.

11. Intellectual Property Rights

11.1 FleetCache IP

The Service, including all software, code, design, graphics, text, images, logos, trademarks, service marks, trade names, audio, video, data compilations, and other content created by or on behalf of FleetCache (“FleetCache IP”), is owned by FleetCache or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. FleetCache LLC, the FleetCache name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FleetCache LLC or its affiliates. You may not use such marks without our prior written permission.

11.2 Limited License to Use the Service

Subject to these Terms and your compliance with them, FleetCache grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes (or, in the case of Driver Accounts, for your personal professional purposes) during the term of your subscription or account.

11.3 License to User Content

You retain ownership of all content, data, documents, and materials that you upload, create, submit, or otherwise make available through the Service (“User Content”). You grant FleetCache a worldwide, non-exclusive, royalty-free, fully paid-up license to host, copy, transmit, display, process, and otherwise use User Content solely as necessary to (a) provide, maintain, support, and improve the Service, (b) comply with legal obligations, (c) enforce these Terms, and (d) generate de-identified, aggregated data that cannot reasonably be associated with any individual user and which FleetCache may use for any lawful purpose, including analytics and product improvement.

11.4 Feedback

If you provide feedback, suggestions, comments, bug reports, feature requests, or other input regarding the Service (“Feedback”), you grant FleetCache a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, reproduce, modify, create derivative works of, distribute, and exploit the Feedback for any purpose without any compensation or obligation to you.

12. Termination

12.1 Termination by You

You may terminate your account at any time by canceling your subscription and discontinuing use of the Service. Cancellation takes effect as described in Section 3.10.

12.2 Termination by FleetCache

FleetCache may suspend or terminate your access to the Service, in whole or in part, at any time, with or without cause and with or without notice, including but not limited to: (a) if you violate these Terms; (b) if FleetCache is required to do so by law; (c) if your account is inactive for an extended period; (d) if your payment method fails and is not cured; (e) if FleetCache ceases to offer the Service generally; or (f) for any other reason in FleetCache’s sole discretion.

12.3 Effect of Termination

Upon termination, your license to access and use the Service ends immediately. Sections 6, 7, 8, 9, 11, 13, 14, 15, 16, and 20, along with any other provisions that by their nature should survive termination, will survive. Termination does not relieve you of any obligation to pay fees accrued prior to termination.

13. Disclaimers

13.1 THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLEETCACHE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE “FLEETCACHE PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

13.2 WITHOUT LIMITING THE FOREGOING, THE FLEETCACHE PARTIES DO NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) DEFECTS IN THE SERVICE WILL BE CORRECTED; (D) THE SERVICE OR ANY SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE, COMPLETE, OR CURRENT; (F) YOUR USE OF THE SERVICE WILL RESULT IN COMPLIANCE WITH ANY LAW, REGULATION, POLICY, CONTRACT, INSURANCE REQUIREMENT, OR OTHER OBLIGATION; OR (G) THE SERVICE WILL PREVENT ANY FINE, PENALTY, CITATION, OUT-OF-SERVICE ORDER, LICENSE SUSPENSION, INSURANCE DENIAL, OR OTHER ADVERSE OUTCOME.

13.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT ANY SUCH WARRANTY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, IT IS LIMITED TO THE MAXIMUM EXTENT PERMITTED AND IN DURATION TO NINETY (90) DAYS FROM YOUR FIRST USE OF THE SERVICE.

14. Limitation of Liability

14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE FLEETCACHE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, CUSTOMERS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLEETCACHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE FLEETCACHE PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO FLEETCACHE FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

14.3 THE LIMITATIONS IN THIS SECTION 14 APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE PARTIES AGREE THAT THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN AND THAT FLEETCACHE WOULD NOT PROVIDE THE SERVICE WITHOUT THEM.

14.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES. TO THE EXTENT SUCH LIMITATION OR EXCLUSION CANNOT BE ENFORCED, IT IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless the FleetCache Parties from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any law, regulation, or third-party right, including intellectual property, privacy, publicity, or contract rights; (e) any compliance failure, fine, penalty, citation, or regulatory action involving you or your drivers, vehicles, or operations; (f) any dispute between you and any of your drivers, employees, contractors, customers, or third parties; and (g) any misrepresentation made by you. FleetCache reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

16. Dispute Resolution; Arbitration; Class Action Waiver

16.1 Informal Resolution

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting FleetCache at support@fleetcache.com with a written description of your claim. FleetCache will attempt to resolve the dispute within sixty (60) days. If the dispute is not resolved within that period, either party may commence formal proceedings in accordance with this Section 16.

16.2 Mandatory Binding Arbitration

EXCEPT AS OTHERWISE PROVIDED IN SECTION 16.5 AND 16.6, YOU AND FLEETCACHE AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable. The arbitration shall be conducted in Davidson County, Tennessee, or by telephone/video at the arbitrator’s discretion. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU AND FLEETCACHE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If a court decides that applicable law prevents enforcement of any part of this Section 16.3 with respect to a particular claim, then that claim (and only that claim) shall be severed from the arbitration and brought in court, subject to Section 16.6.

16.4 Thirty-Day Opt-Out Right

16.5 Exceptions to Arbitration

Notwithstanding Section 16.2, either party may bring an action in court: (a) to seek injunctive or other equitable relief to protect intellectual property rights or confidential information; (b) to enforce a prior arbitration award; or (c) in small claims court, provided the claim qualifies under the applicable rules of that court and remains in that court.

16.6 Governing Law and Venue (If Arbitration Does Not Apply)

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict-of-laws principles. If a claim is not subject to arbitration under this Section 16, you and FleetCache agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Davidson County, Tennessee, and you waive any objection to such jurisdiction and venue.

16.7 Federal Arbitration Act

This Section 16 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and evidences a transaction involving interstate commerce.

17. Mobile Application Terms

17.1 Mobile App License

If you download and install the FleetCache mobile application (“Mobile App”) from the Apple App Store, Google Play Store, or another authorized distribution platform, your use of the Mobile App is subject to these Terms, the applicable platform’s terms, and any additional terms presented at the time of installation.

17.2 Apple App Store (iOS Users)

If you downloaded the Mobile App from the Apple App Store, the following additional terms apply:

• These Terms are between you and FleetCache, not Apple Inc. (“Apple”), and Apple is not responsible for the Mobile App or its content.
• Apple has no obligation to furnish any maintenance or support services with respect to the Mobile App.
• In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App.
• FleetCache, not Apple, is responsible for addressing any of your or any third party’s claims relating to the Mobile App, including product liability claims, claims that the Mobile App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, FleetCache will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17.3 Google Play Store (Android Users)

If you downloaded the Mobile App from the Google Play Store, you acknowledge that these Terms are between you and FleetCache only, and not with Google LLC (“Google”). Google is not responsible for the Mobile App or its content. Your use of the Mobile App must comply with the Google Play Terms of Service.

17.4 Device Permissions

The Mobile App may request access to certain features or data on your device, including camera (for document capture), storage (for offline document access), notifications, and location. You may manage these permissions through your device settings. Revoking permissions may limit the Mobile App’s functionality.

17.5 Automatic Updates

The Mobile App may update automatically or prompt you to update. You agree to keep the Mobile App reasonably current. FleetCache is not required to support older versions of the Mobile App, and use of outdated versions may result in reduced functionality or security.

18. Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information is described in our Privacy Policy, available at fleetcache.com/privacy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

19. Export Controls and International Use

The Service is controlled and operated from the United States. FleetCache makes no representation that the Service is appropriate or available for use in other locations. You are responsible for compliance with all applicable U.S. and foreign export control laws and regulations. You may not access or use the Service (or permit any third party to do so) if you are located in, under the control of, or a national or resident of any country subject to U.S. embargoes or trade sanctions, or if you are on any U.S. Government list of prohibited or restricted parties.

20. Miscellaneous

20.1 Entire Agreement

These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and FleetCache regarding the Service and supersede all prior or contemporaneous agreements, communications, and understandings, whether oral or written.

20.2 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. FleetCache’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if no such modification is possible, severed from these Terms, and the remaining provisions shall remain in full force and effect.

20.4 Assignment

You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without FleetCache’s prior written consent. Any attempted assignment in violation of this Section is void. FleetCache may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, sale of assets, or similar transaction.

20.5 Force Majeure

FleetCache shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, governmental action, labor disputes, pandemic or public health emergencies, power failures, internet outages, or failures of third-party vendors or service providers.

20.6 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, franchise, or agency relationship between you and FleetCache.

20.7 Third-Party Beneficiaries

Except as expressly provided in Section 17.2 with respect to Apple, these Terms do not confer any rights or remedies on any third party.

20.8 No Reliance

You acknowledge that you have not relied on any statement, representation, assurance, or warranty that is not expressly set forth in these Terms.

20.9 Headings

Section and paragraph headings are for convenience only and do not affect the interpretation of these Terms.

20.10 Interpretation

The words “including,” “include,” and “includes” are deemed to be followed by the words “without limitation.”

20.11 Notices

Notices to FleetCache must be sent to support@fleetcache.com. Notices to you will be sent to the email address associated with your account or, where required by law, by other means. Notices are deemed given upon receipt (for email) or as otherwise provided by applicable law.

20.12 Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us at: