Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Solve For Solutions LLC dba Fleet Collect ("Fleet Collect," "we," "us," or "our") governing your access to and use of our Driver Qualification File management platform, website, mobile applications, and related services (collectively, the "Services").

BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE LIMITATIONS OF LIABILITY, DISCLAIMERS, INDEMNIFICATION OBLIGATIONS, AND BINDING ARBITRATION PROVISIONS CONTAINED HEREIN. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.

If you do not agree to these Terms, you may not access or use our Services.

2. Description of Services

Fleet Collect provides a cloud-based software platform designed to assist motor carriers with managing Driver Qualification Files (DQFs). Our Services may include:

• Digital storage and organization of driver qualification documents
• Automated compliance tracking and expiration alerts
• Integration with background screening services through Checkr, Inc.
• Motor Vehicle Record (MVR) retrieval services
• Drug and alcohol testing program management tools
• Document collection workflows for driver onboarding
• Reporting and audit preparation features
• Additional features and integrations as may be offered from time to time

THE SERVICES ARE PROVIDED AS TOOLS TO ASSIST WITH RECORD-KEEPING AND ORGANIZATION ONLY. WE DO NOT PROVIDE LEGAL, COMPLIANCE, REGULATORY, OR PROFESSIONAL ADVICE OF ANY KIND.

3. Account Registration and Security

3.1 Account Creation

To access our Services, you must create an account by providing accurate, current, and complete information. You agree to update your account information promptly if any changes occur. You must provide a valid DOT number and certify that you are authorized to act on behalf of the motor carrier.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you. You agree to:

• Create strong, unique passwords and protect them from unauthorized disclosure
• Immediately notify Fleet Collect of any unauthorized access or security breach
• Not share account credentials with unauthorized individuals
• Properly configure user permissions and access levels for your organization

FLEET COLLECT SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR UNAUTHORIZED ACCESS ARISING FROM YOUR FAILURE TO PROTECT YOUR ACCOUNT CREDENTIALS OR FROM ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

4. SMS Text Messaging Communications

4.1 SMS Service Enrollment

Our Services include SMS text messaging features for IFTA trip tracking and compliance notifications. When your fleet manager enrolls you in SMS-based tracking:

• You will receive an initial welcome message requesting confirmation
• You must reply "START" to confirm your consent before using SMS features
• Message frequency varies based on your trip activity and compliance alerts
• Standard message and data rates may apply from your mobile carrier

4.2 Consent and Opt-Out Rights

By replying "START" to our welcome message, you provide affirmative consent to receive SMS messages from FleetCollect. You may opt out at any time by:

• Texting "STOP" to any FleetCollect message
• Contacting your fleet manager to remove your phone number from the system
• Emailing us at info@fleetcollect.net

After opting out, you will receive one final confirmation message, and no further messages will be sent unless you re-subscribe by texting "START."

4.3 SMS Message Types

You may receive the following types of SMS messages:

• Trip tracking: Confirmations when you start or end trips
• Fuel logging: Confirmations of fuel event entries
• Mileage summaries: Trip totals and state-by-state mileage breakdowns
• Help messages: Command lists and customer support information

4.4 Third-Party SMS Provider

We use Twilio Inc. as our SMS messaging provider. By consenting to SMS communications, you acknowledge that your phone number and message content will be processed by Twilio in accordance with their privacy policy.

4.5 Carrier Liability and Support

FleetCollect is not liable for delayed or undelivered messages. For help with SMS features, text "HELP" to our number or contact support@fleetcollect.net.

5. Subscription and Payment Terms

5.1 Subscription Plans

Access to our Services requires a paid subscription. Subscription plans, pricing, and included features are described on our website and may be modified at any time at our sole discretion. We will provide reasonable notice of pricing changes to existing customers.

5.2 Payment

You agree to pay all fees associated with your selected subscription plan. Fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle. ALL FEES ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW. No credits, refunds, or pro-rata adjustments will be provided for partial billing periods, unused features, or early termination.

5.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period at the then-current rate unless you cancel before the renewal date. You authorize us to charge your payment method on file for renewal fees. It is your sole responsibility to cancel before the renewal date if you do not wish to continue.

5.4 Taxes

You are responsible for all applicable taxes, and we will charge tax where required by law. If you are exempt from taxes, you must provide valid exemption documentation.

5.5 Third-Party Service Fees

Certain Services, such as background checks through Checkr and MVR retrievals, incur additional fees charged by third-party providers. These fees are non-refundable once the third-party service has been initiated, regardless of the results or outcome.

5.6 Late Payments

Past due amounts shall accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less. You shall reimburse Fleet Collect for all costs of collection, including reasonable attorneys' fees.

6. Customer Responsibilities and Assumption of Risk

As a Customer using our Services, you acknowledge, agree, and assume full responsibility for the following:

• You are solely responsible for ensuring your operations comply with all applicable FMCSA, DOT, federal, state, and local laws and regulations
• You must independently verify all information, including compliance alerts, expiration dates, and document status
• You must obtain all necessary consents, authorizations, and releases from drivers before submitting their personal information
• You must maintain appropriate authorization from drivers for background checks and MVR retrievals in compliance with the Fair Credit Reporting Act (FCRA)
• You are solely responsible for the accuracy, completeness, and legality of all data you submit
• You must maintain backup copies of all critical records—we are not responsible for data loss
• You must promptly review and act upon compliance alerts and notifications
• The decision to hire, retain, or terminate any driver remains solely your responsibility

YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL CONSEQUENCES ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICES.

7. Prohibited Uses

You agree not to:

• Use the Services for any illegal purpose or in violation of any applicable laws
• Submit false, misleading, or fraudulent information
• Access or use driver information for purposes other than DQF compliance and legitimate employment purposes
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Use automated systems (bots, scrapers) to access the Services without authorization
• Resell, sublicense, or provide access to the Services to third parties without our consent
• Use the Services in any manner that could damage, disable, or impair our infrastructure
• Transmit viruses, malware, or other harmful code through the Services

Violation of these prohibitions may result in immediate termination without refund and potential legal action.

8. Data Ownership and Licensing

8.1 Your Data

You retain ownership of all data and content you submit to the Services ("Customer Data"). By using our Services, you grant Fleet Collect a non-exclusive, worldwide, royalty-free license to use, store, process, reproduce, and display Customer Data solely to provide, maintain, and improve our Services and to comply with legal obligations.

8.2 Our Platform

Fleet Collect and its licensors retain all rights, title, and interest in the Services, including all software, technology, documentation, methodologies, and intellectual property. These Terms do not grant you any rights to our trademarks, logos, or branding.

8.3 Feedback

If you provide suggestions, feedback, or ideas about our Services, you irrevocably assign to us all rights in such feedback and grant us the right to use such feedback without restriction, attribution, or compensation.

8.4 Data Portability

Upon written request during an active subscription or within thirty (30) days after termination, we will provide you with an export of your Customer Data in a standard format. After such period, we have no obligation to retain or provide access to your data.

9. FMCSA Compliance Disclaimer

IMPORTANT—PLEASE READ CAREFULLY:

FLEET COLLECT IS A SOFTWARE TOOL DESIGNED TO ASSIST WITH RECORD-KEEPING AND DOCUMENT MANAGEMENT. WE ARE NOT A LAW FIRM, COMPLIANCE CONSULTANT, SAFETY CONSULTANT, OR REGULATORY ADVISOR. WE DO NOT PROVIDE LEGAL ADVICE, COMPLIANCE ADVICE, OR PROFESSIONAL RECOMMENDATIONS OF ANY KIND.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• Fleet Collect does not guarantee compliance with any law, regulation, or requirement, including but not limited to FMCSA regulations under 49 CFR
• All compliance alerts, reminders, and recommendations are informational only and may be incomplete, inaccurate, or outdated
• You must independently verify all compliance requirements with qualified legal and compliance professionals
• FMCSA regulations change frequently, and it is your sole responsibility to stay current with such changes
• Successful use of our Services does not guarantee you will pass any audit, inspection, or regulatory review
• We are not responsible for any fines, penalties, out-of-service orders, or adverse regulatory actions
• The ultimate responsibility for driver qualification, safety compliance, and hiring decisions rests solely with you
• You should not rely on the Services as your sole source of compliance information

BY USING THE SERVICES, YOU RELEASE AND HOLD HARMLESS FLEET COLLECT FROM ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM REGULATORY NON-COMPLIANCE, FAILED AUDITS, OR ADVERSE REGULATORY ACTIONS, REGARDLESS OF WHETHER SUCH CLAIMS ARISE FROM OUR ALLEGED NEGLIGENCE.

10. Third-Party Services and Data

Our Services integrate with and rely upon third-party providers, including Checkr, Inc. for background screening and various state DMVs for MVR retrieval.

YOU ACKNOWLEDGE AND AGREE THAT:

• Third-party services are provided "as is" and are subject to their own terms, conditions, and limitations
• We have no control over the accuracy, completeness, timeliness, or availability of third-party data
• Background check results, MVRs, and other third-party data may contain errors, omissions, or outdated information
• You are solely responsible for independently verifying all third-party data before making employment decisions
• Delays, errors, or unavailability of third-party services do not constitute a breach by Fleet Collect
• We are not liable for any decisions you make based on third-party data
• Third-party fees are non-refundable once the service has been initiated

FLEET COLLECT EXPRESSLY DISCLAIMS ALL LIABILITY FOR THIRD-PARTY SERVICES, DATA, AND CONTENT, INCLUDING ANY DAMAGES ARISING FROM ERRORS, OMISSIONS, DELAYS, OR INACCURACIES IN SUCH DATA.

11. Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU.

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLEET COLLECT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS
• LOSS OF DATA OR DATA BREACH (EXCEPT AS REQUIRED BY DATA BREACH NOTIFICATION LAWS)
• COST OF PROCUREMENT OF SUBSTITUTE SERVICES
• REGULATORY FINES, PENALTIES, OR ADVERSE ACTIONS
• FAILED AUDITS OR INSPECTIONS
• CLAIMS BY DRIVERS, EMPLOYEES, OR THIRD PARTIES
• ANY DAMAGES ARISING FROM HIRING OR EMPLOYMENT DECISIONS

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF FLEET COLLECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

11.2 Cap on Liability

IN NO EVENT SHALL FLEET COLLECT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE LESSER OF: (A) THE AMOUNTS ACTUALLY PAID BY YOU TO FLEET COLLECT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

11.3 Time Limitation on Claims

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED. THIS LIMITATION APPLIES REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY.

11.4 Basis of the Bargain

YOU ACKNOWLEDGE THAT FLEET COLLECT HAS SET ITS PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

10.5 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 LAW.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLEET COLLECT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.