Terms of Service

1Acceptance of these Terms

These Terms of Service (“Terms”) are a binding agreement between Trucking42, Inc., 256 Atlantic Isle, Sunny Isles Beach, FL 33160, USA (“Trucking42”, “we”, “us”) and you. “Carrier” means the motor carrier or company that opens a T42 ELD account. “Driver” means a person who logs in to T42 ELD to record hours of service. “You” means the Carrier, the Driver or any other user, as the context requires.

• A Carrier accepts these Terms by creating an account, ordering hardware, paying for a plan or clicking to accept.
• A Driver accepts these Terms, as they apply to Drivers, by logging in to the T42 ELD app.
• A person who accepts on behalf of a company confirms they have authority to bind it.

If the Carrier has a separate signed agreement with Trucking42 (for example, a Safety or Logbook service agreement), that agreement controls where it conflicts with these Terms. Our Privacy Policy explains how we handle personal information and is part of these Terms.

2The Service

T42 ELD (the “Service”) includes:

• Hardware: the vehicle gateway that connects to the truck’s diagnostic port (9-pin, 6-pin or OBD-II) and the related cables (“Hardware”);
• Driver app for Android and iOS that records, displays, certifies and transfers records of duty status;
• Fleet web portal for the Carrier’s administrators and safety staff;
• Support: phone, chat and WhatsApp support and the 24/7 roadside line.

The Service is designed to meet the technical specifications in 49 CFR Part 395, Subpart B and its Appendix. The Service, our support staff and our documentation are not legal advice. You should consult your own compliance adviser on how the rules apply to your operation.

3FMCSA registration status

T42 ELD has been submitted for FMCSA self-certification and registration, and registration is pending. Under 49 CFR 395.22(a), a motor carrier may use only an ELD that is listed on the FMCSA Registered ELD list. Until T42 ELD appears on that list:

• you must keep using your current registered ELD or another method allowed by law for your hours-of-service records;
• any access you receive is early access, for evaluation and onboarding only;
• we will not charge plan fees for T42 ELD as your ELD of record.

When T42 ELD is registered, we will publish the ELD registration ID and identifier in the app, on our website and in the ELD output file. If the FMCSA ever removes T42 ELD from the list, we will notify Carriers promptly so they can replace it within the period allowed by the FMCSA (Appendix to Subpart B, section 5.4).

4Accounts and eligibility

• You must be at least 18 years old and hold the licenses required for your role.
• The Carrier opens the account, adds drivers, vehicles and support users, and sets user roles. The Carrier must enter accurate information, including each Driver’s name, driver’s license number and issuing state, as required by the ELD rule.
• Each Driver must have their own account. Only one account per driver’s license is allowed per Carrier (Appendix section 4.1.2).
• Keep your login private. Do not share accounts or log in as another person. A Driver must log in before driving and log out when handing the vehicle to another driver.
• Tell us immediately at [email protected] or +1 (305) 399-8553 if you think your account has been used without permission.

5Plans, fees and payment

• Plans. Current plans and prices are shown on our website or in your order. Plan fees are charged per vehicle per month, in advance. Hardware is charged once, at the time of order, plus shipping.
• No long-term contract. Unless your order says otherwise, plans are month-to-month and renew automatically each month until cancelled under section 16.
• Payment. You authorize us and our payment processor to charge your card or bank account on file for all fees and applicable taxes. Taxes are not included in prices.
• Refunds. Plan fees already paid are not refundable, except where required by law or stated in these Terms. Hardware returns are covered in section 6.
• Late payment. If a payment fails, we will notify you. If it is not paid within 15 days of the notice, we may suspend access to the fleet portal and paid features. Suspension does not stop the driver app from recording hours of service, does not delete records, and does not stop a Driver from showing or sending records at a roadside inspection.
• Price changes. We will give at least 30 days’ notice by email before a price increase takes effect. You may cancel before then.
• Bundles. If T42 ELD is included in a Trucking42 Safety or Logbook service, the fees and terms of that service apply.

6ELD hardware and warranty

• Ownership. Hardware you buy becomes your property when paid in full. Hardware we provide on loan or rental stays our property and must be returned within 30 days after the plan for that vehicle ends; otherwise we may charge the current list price.
• Installation. Install the Hardware as shown in the User Manual, in a place that does not block the driver’s view or controls. You are responsible for installation by your staff or contractors.
• Returns. Unused Hardware in its original packaging may be returned within 30 days of delivery for a refund of the Hardware price, less shipping.
• Limited warranty. We warrant that Hardware will be free from defects in materials and workmanship for 12 months from delivery under normal use. If it fails during that period, we will repair or replace it at our option and pay standard return shipping. This is your only remedy for defective Hardware.
• Exclusions. The warranty does not cover damage from accidents, misuse, water, unauthorized repair or modification, incorrect installation, vehicle electrical faults, or normal wear of cables.

7Compliance responsibilities

Using T42 ELD does not move a Carrier’s or Driver’s legal duties to Trucking42. In particular:

The Carrier is responsible for

• requiring Drivers to use a registered ELD and keeping records of duty status and supporting documents for 6 months (49 CFR 395.8);
• creating and managing accurate Driver and vehicle accounts and user rights (49 CFR 395.22(b)–(d));
• reviewing and resolving unidentified driving records (49 CFR 395.32);
• making sure every vehicle carries the ELD information packet: the user manual, the data transfer instruction sheet, the malfunction instruction sheet and blank paper logs for at least 8 days (49 CFR 395.22(h)); these are available in the app and in our User Manual;
• not using the Service to harass or coerce Drivers, and not changing or pressuring Drivers to change records improperly (49 CFR 390.36, 390.6, 395.30(e)).

The Driver is responsible for

• logging in, selecting the correct duty status and entering required information such as shipping document numbers and trailer numbers (49 CFR 395.24);
• reviewing and certifying each day’s records, and confirming or rejecting edits proposed by the Carrier (49 CFR 395.30);
• showing and transferring records to authorized safety officials on request (49 CFR 395.24(d)).

Trucking42 is responsible for providing an ELD that works as described in its User Manual and meets the technical specifications of the ELD rule, and for keeping records available as described in section 10.

8Malfunctions

When the ELD detects a malfunction, it shows a malfunction indicator and code. Under 49 CFR 395.34:

• the Driver must note the malfunction and give written notice to the Carrier within 24 hours;
• the Driver must reconstruct records of duty status for the current 24-hour period and the previous 7 consecutive days on paper or another method allowed by law, unless the records are already available, and keep paper logs until the ELD is serviced and working;
• the Carrier must correct, repair, replace or service the ELD within 8 days of learning about the malfunction, or of the Driver’s notice, whichever is earlier, unless the FMCSA grants an extension.

Please also call our 24/7 line so we can diagnose the problem and, if the Hardware is defective, ship a replacement under section 6.

9Acceptable use

You must not, and must not allow anyone else to:

• enter false information, falsify records or use the Service to hide hours-of-service violations;
• tamper with, disconnect or interfere with the Hardware, engine data, GPS, Bluetooth or the app to change or avoid recording;
• try to alter or erase original records, data check values or event logs;
• share accounts, log in as another driver, or let unauthorized people use the Service;
• copy, resell, rent or sublicense the Service except as we allow in writing;
• reverse engineer, decompile or modify the software or firmware, except where the law allows despite this limit;
• probe, scan or test the security of the Service, scrape it, overload it or bypass access controls;
• use the Service for any unlawful purpose.

We may suspend access to protect the Service or other users, or if required by law. We will tell you why unless we are not allowed to.

10Data and records

• Your data. As between you and Trucking42, the Carrier owns its hours-of-service records, vehicle data and other business data entered into the Service (“Customer Data”). Each Driver may view and obtain a copy of their own records at any time (Appendix section 4.7.2).
• Our license to use it. You give us a non-exclusive license to host, copy, process, transmit and display Customer Data to provide the Service, to transfer records to safety officials, to provide support and to comply with law. We may use de-identified and aggregated data to improve the Service.
• Retention. We keep ELD records and supporting data for at least 6 months, with a backup on a separate system, as required by 49 CFR 395.8(k) and 395.22(i). Longer retention is described in our Privacy Policy.
• Export. The Carrier may export its records from the fleet portal at any time. After an account closes, the Carrier has 30 days to export its data. We then keep only what the law requires and delete or de-identify the rest.
• Records cannot be changed. Neither we nor the Carrier can alter or erase original records. Edits are kept with the original as required by the ELD rule.
• Requests from authorities. We may produce records to the FMCSA or other authorities when required by law, as described in our Privacy Policy.

11Intellectual property

Trucking42 and its licensors own the Service, including the software, firmware, app, portal, documentation, designs and the T42 ELD and Trucking42 names and logos. While your plan is active and you follow these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own trucking operations. If you send us feedback or ideas, we may use them without obligation to you.

12Third-party services

The Service depends on third parties, such as Apple App Store and Google Play, mobile networks, GPS, map providers, cloud hosting and payment processors. Your use of the app stores is also subject to their terms. Third-party services, vehicles and mobile devices are outside our control, and we are not responsible for their failures. If you connect T42 ELD to another system (for example, a TMS, fuel card or insurer), you authorize us to send the data you select to that system, and its own terms apply.

13Availability and changes to the Service

We work to keep the Service available 24/7, but we do not guarantee uninterrupted service. If the phone loses network coverage, the app keeps recording on the device and syncs when the connection returns. We may change, update or improve the Service, including firmware and app updates needed to keep it compliant. During a paid period, we will not remove the core ELD functions required by the ELD rule. Keep the app and the Hardware firmware updated.

14Disclaimers and limitation of liability

Disclaimer. Except for the express warranty in section 6 and as required by law, the Service is provided “as is” and “as available”. To the extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Service will be error-free, or that using it will prevent violations, citations, fines, out-of-service orders, audits or poor safety scores. Hours-of-service compliance depends on how drivers and carriers operate.

Limitation of liability. To the extent permitted by law:

• neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, loads or business;
• Trucking42 is not liable for fines, penalties, citations or out-of-service orders that result from how the Service was used or from information entered by you;
• Trucking42’s total liability for all claims about the Service is limited to the amount you paid us for the Service in the 12 months before the event that caused the claim.

These limits do not apply to liability that cannot be limited by law, such as for fraud, gross negligence or willful misconduct.

15Indemnification

The Carrier will defend, indemnify and hold harmless Trucking42 and its officers, employees and contractors from third-party claims, fines, losses and costs (including reasonable attorneys’ fees) arising from the Carrier’s or its Drivers’ use of the Service, operation of vehicles, violation of these Terms or the law, or Customer Data entered into the Service. We will promptly notify the Carrier of any such claim and cooperate reasonably.

16Term, termination and disputes

Term and termination

• These Terms apply while you use the Service. The Carrier may cancel a plan at any time in the portal or by email; cancellation takes effect at the end of the current billing month.
• We may suspend or end the Service for a material breach of these Terms that is not fixed within 15 days of our notice, for non-payment under section 5, or immediately if needed to prevent fraud, tampering or harm. We may also end a plan for convenience with 60 days’ notice and a refund of any prepaid fees for the unused period.
• When the Service ends, the Carrier should arrange another registered ELD for its vehicles, return any loaned Hardware and export its data under section 10. Sections 10, 11, 14, 15 and 16 continue after termination.

Governing law and disputes

• These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules.
• Before filing a claim, the parties will try to resolve the dispute informally for 30 days after written notice to the other party.
• Any lawsuit must be brought in the state or federal courts located in Miami-Dade County, Florida, and each party consents to their jurisdiction. Either party may bring an individual claim in small claims court.
• Jury trial waiver. To the extent permitted by law, each party waives the right to a jury trial.
• Claims must be brought individually and not as part of a class action, to the extent permitted by law.

Nothing in these Terms limits a Driver’s right to file a complaint with the FMCSA, including a complaint of harassment or coercion under 49 CFR 386.12.

General

These Terms, together with the Privacy Policy and any order or signed agreement, are the entire agreement about the Service. If a provision is unenforceable, the rest stays in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to a successor in a merger or sale of the business. Neither party is liable for delays caused by events beyond its reasonable control. Notices to us go to the contact details in section 18; notices to you go to the email on your account.

17Changes to these Terms

We may update these Terms. We will post the new version on this page with a new “Last updated” date. For material changes, we will notify Carriers by email at least 30 days before they take effect. If you continue to use the Service after the changes take effect, you accept them. If you do not agree, you may cancel your plan before the effective date.

18Contact us