1. Introduction
Welcome to Truck Command. These Terms of Service ("Terms") govern your access to and use of the Truck Command platform, applications, website, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
Please read these Terms carefully. If you do not agree with these Terms, you may not use the Services. Truck Command is licensed to You (End-User) by Truck Command, Inc. ("Company"), for use only under the terms of this License Agreement.
2. Definitions
For the purposes of these Terms:
- Account means a unique account created for You to access our Services.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Truck Command, Inc.
- Service refers to the Application, Website, or any other product offered by the Company.
- Country refers to: United States of America
- User (referred to as either "You" or "Your") refers to the individual or entity accessing or using the Service.
- Application means the software program provided by the Company, named Truck Command, for trucking fleet management.
- Website refers to Truck Command's website, accessible from www.truckcommand.com
3. User Accounts
When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in termination of your account on our Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You agree to accept responsibility for all activities that occur under your account and/or password.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
4. Subscription Terms
Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis, depending on the type of subscription plan you select. Billing cycles are set on a monthly or annual basis.
At the end of each billing period, your subscription will automatically renew under the same conditions unless you cancel it or the Company cancels it. You may cancel your subscription renewal by contacting the Company's customer support team.
A valid payment method, including credit card, is required to process the payment for your subscription. You must provide accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
5. Free Trial
The Company may, at its sole discretion, offer a Subscription with a free trial for a limited period of time. You may be required to enter your billing information to sign up for the free trial.
If you do enter your billing information when signing up for the free trial, you will not be charged by the Company until the free trial has expired. On the last day of the free trial period, unless you canceled your subscription, you will be automatically charged the applicable subscription fee for the type of subscription you have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.
6. Fee Changes
The Company, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current billing cycle.
The Company will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective.
Your continued use of the Service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
7. Refunds
Except when required by law, paid subscription fees are non-refundable.
Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
8. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
We reserve the right to terminate the account of anyone found to be infringing on a copyright or other intellectual property rights.
9. Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
10. Limitation of Liability
In no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
11. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
14. Contact Us
If you have any questions about these Terms, please contact us:
- By email: support@truckcommand.com
- By phone: (951) 505-1147