This Terms and Conditions Agreement ("Agreement") constitutes a legally binding contract between True Hauler, Inc. ("we," "us," or "True Hauler, Inc."), a Nevada corporation, and you ("You" or "User") regarding your access to and use of the True Hauler, Inc. platform (the "Platform"). By using the Platform, You agree to the terms outlined in this Agreement.
1. Acceptance of Terms
PLEASE READ CAREFULLY. By accessing or using the Platform, You confirm that You are at least 18 years old and possess the legal capacity to enter into this Agreement. If You do not agree to these terms, You must not use the Platform.
True Hauler, Inc. reserves the right to modify, suspend, or terminate the Platform and this Agreement at any time, with or without prior notice. Your continued use of the Platform following any changes indicates your acceptance of the updated terms.
2. Use of the Platform
2.1 Platform Activation
You must follow the activation instructions provided by True Hauler, Inc., which may include online or offline processes such as contacting us via phone, email, or text message.
2.2 User Responsibilities
You are solely responsible for your use of the Platform. You agree to use it legally and refrain from activities that harm others or violate applicable laws. It is your responsibility, as a driver or client, to ensure that all communication and activities using the Platform are carried out in a safe and lawful manner. Violations may result in the termination of your access to the Platform.
2.3 Prohibited Use
The Platform must not be used for emergencies, safety-critical situations, or under circumstances requiring guaranteed results. You also agree not to use the Platform while operating a moving vehicle. True Hauler, Inc. may monitor and restrict such use.
2.4 Compliance with Laws
You are solely responsible for ensuring that your use of the Platform complies with all applicable laws, regulations, and guidelines. True Hauler, Inc. shall not be held liable for any legal consequences resulting from your failure to comply with such obligations.
2.5 Acknowledgment of Risks
You acknowledge that the Platform's functionality may be affected by factors beyond our control, such as network disruptions or device malfunctions. By using the Platform, You assume all risks associated with its use, including any reliance on the information provided.
2.6 Protection Against Misuse
True Hauler, Inc. is not liable for any damages, losses, or liabilities resulting from the misuse of the Platform by You or any third party. You agree to indemnify us for any claims arising from such misuse.
2.7 Identity Verification
True Hauler, Inc. may collect and use photographs for identity verification purposes. By using the Platform, You consent to the collection and sharing of these photos with brokers or third parties. Failure to provide accurate information may result in the suspension or termination of your access to the Platform.
3. SMS Communication and Data Protection
3.1 SMS Communication Safety and Responsibility
True Hauler, Inc. facilitates SMS communication between drivers, brokers and dispatchers. While we strive to ensure secure and reliable communication, it is your responsibility to ensure that SMS communications are used appropriately and safely. True Hauler, Inc. does not guarantee protection against unauthorized access or interception of SMS messages.
By using SMS communication via the Platform, You agree that True Hauler, Inc. will not be held liable for any miscommunication, misuse, or issues arising from SMS interactions between drivers and clients. You are responsible for safeguarding the content of your messages, and any sensitive information should be communicated with caution.
3.2 No Sale of Information
True Hauler, Inc. does not sell, rent, or lease your personal information. Your privacy is important to us, and we will only share information in accordance with our Privacy Policy.
3.3 Opt-Out Notice:
If you no longer wish to receive SMS communications from us, you may opt out at any time by replying with “STOP” to any message. This will prevent further SMS messages related to the Platform, though you may still receive important service or account-related notices by other means as specified in our Privacy Policy.
3.4 Broker, dispatcher Customer Consent Agreement
When brokers or dispatchers initiate the process, have them agree (through a checkbox or similar consent statement) that they have obtained the driver's permission to be contacted for this purpose. This shifts responsibility to the broker to confirm that the driver consents to receive messages related to the freight.
3.5 Clear Communication in the SMS
In the first message sent to the driver, clearly identify who is sending the message (e.g., “This message is from [Your Company Name] on behalf of [Broker Name]”) and state the purpose of the message. Also, include information on how to opt out if the driver does not wish to receive further messages.
3.6 Link to Terms and Conditions
On the webpage that the driver is directed to, include terms and conditions specifying that the messages are part of an authorization process initiated by their employer or a broker. This can clarify the scope and purpose of the communication.
3.7 Limit Frequency and Purpose
Only send necessary messages related to the authorization process, and avoid any promotional content. This keeps communications strictly within the scope of transactional messages, which helps with compliance.
3.8 Opt-Out Mechanism
Make it easy for drivers to opt out at any time by including an opt-out instruction (e.g., “Reply STOP to opt out”) in each message. Ensure that opting out doesn’t affect the authorization but simply stops SMS messages.
3.9 Limitation of Liability and Hold Harmless
You acknowledge that you are solely responsible for your own conduct and any consequences resulting from your use of our services. True Hauler, Inc. is not liable for any incidents, accidents, damages, or injuries resulting from your actions, including any accident or injury occurring while you are operating a motor vehicle or engaging in any activity that requires your full attention. Our services, including SMS messages and notifications, are intended to be accessed in safe, stationary environments. You agree not to use our services while operating a vehicle, heavy machinery, or engaging in any activity where distraction may lead to accidents or injury. True Hauler, Inc., does not take responsibility for any accidents or harm that may result from your failure to adhere to this requirement. You hereby release, waive, and hold harmless True Hauler, Inc., its affiliates, directors, officers, employees, agents, and representatives from any claims, liabilities, damages, expenses arising from your use of the services while operating a motor vehicle or engaging in other potentially hazardous activities. This waiver applies to any and all claims of negligence, personal injury, property damage, or any other loss arising from such actions. True Hauler, Inc. provides its services “as-is” and makes no warranties or representations regarding the safety, reliability, or effectiveness of any features, including notifications or alerts, for use in hazardous situations or environments, such as while driving or using heavy machinery. Users assume all responsibility for assessing and determining safe usage. By using our services, you acknowledge that using any messaging or application service while distracted can be dangerous and lead to severe consequences, including accidents or injury. You agree to use our services responsibly and in compliance with all applicable laws.
4. Fees and Payment
4.1 Fees for Services
True Hauler, Inc. charges a fee for the use of its services. You agree to pay any applicable fees associated with the services provided by True Hauler, Inc. Pricing details and payment terms will be communicated to You when You activate the Platform, and any changes to fees will be provided with reasonable notice.
4.2 Payment Terms
By using the Platform, You agree to the payment terms as outlined by True Hauler, Inc., and authorize True Hauler, Inc. to charge your preferred method of payment for the agreed-upon services. Failure to pay fees may result in the suspension or termination of your access to the Platform.
5. Limitation of Liability
5.1 No Liability for Accidents
True Hauler, Inc. is not liable for accidents, injuries, or damages resulting from the use of the Platform. All responsibility for the consequences of using the Platform rests solely with You.
5.2 No Warranties
The Platform is provided on an "as is" and "as available" basis. True Hauler, Inc. makes no guarantees, express or implied, regarding the reliability, security, or availability of the Platform. We disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.3 Limitation of Liability
To the fullest extent permitted by law, True Hauler, Inc. is not liable for indirect, incidental, special, punitive, or consequential damages, including loss of profits or data. In no event shall True Hauler, Inc.’s cumulative liability exceed (a) the total amount You paid for the Platform in the 12 months prior to the claim, or (b) $100.
5.4 Indemnification
You agree to indemnify and hold True Hauler, Inc., its affiliates, officers, directors, and employees harmless from any claims, damages, or losses arising from your use of the Platform.
5.5 Third-Party Claims
You also agree to indemnify True Hauler, Inc. for any claims by third parties related to your use of the Platform, including claims of injury, property damage, or other liabilities resulting from your actions.
5.6 Force Majeure
True Hauler, Inc. is not responsible for failure or delays in performance due to circumstances beyond our reasonable control, such as natural disasters, government actions, or other unforeseen events.
6. Data Collection and Privacy
6.1 Consent to Data Collection
By using the Platform, You consent to True Hauler, Inc.'s collection and use of your data as outlined in this Agreement and in accordance with our Privacy Policy.
6.2 Privacy Policy
Your use of the Platform is subject to True Hauler, Inc.’s Privacy Policy, which may be updated from time to time. By continuing to use the Platform, You agree to these terms.
6.3 Use of Cookies
True Hauler, Inc. uses cookies and similar technologies to improve the Platform experience. By using our website, You consent to the use of cookies as outlined in our Cookie Policy.
6.4 Data Retention and Security
True Hauler, Inc. may retain your data in accordance with our Privacy Policy. While we implement security measures to protect your information, we cannot guarantee complete security.
7. Termination of Service
7.1 Termination by True Hauler, Inc.
We reserve the right to terminate this Agreement and your access to the Platform at any time, with or without cause and without prior notice.
7.2 Termination by User
You may terminate this Agreement at any time by deactivating your account and discontinuing use of the Platform.
7.3 Effect of Termination
Upon termination, your access to the Platform will cease, and all rights granted under this Agreement will be revoked. Your obligations to indemnify True Hauler, Inc. will survive termination.
8. General Provisions
8.1 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Nevada.
8.2 Mandatory Arbitration
Disputes arising from this Agreement shall be resolved through arbitration in Nevada, in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall be conducted in English.
8.3 Class Action Waiver
You agree to resolve disputes individually and not as part of a class action.
8.4 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full effect.
8.5 Entire Agreement
This Agreement constitutes the complete understanding between You and True Hauler, Inc. and supersedes all prior communications.
8.6 Changes to this Agreement
True Hauler, Inc. reserves the right to amend this Agreement at any time. Your continued use of the Platform following any updates constitutes your acceptance of the revised terms.
Contact Information
If you have any questions about this Agreement, please contact us at info@truehauler.com.