Terms and Conditions

1.1 The Services are intended for commercial use by individuals of at least eighteen years of age who are legally capable of entering into a binding agreement.

1.2 You agree to provide accurate and complete information when registering and to keep such information current. You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account.

1.3 Where you access the Services on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms.

2.1 The Services provide informational and planning tools. Timers, clocks and summaries are for your own convenience and are not a substitute for the equipment and records required by applicable transportation regulations.

2.2 A timer expiring means only that a period of time has elapsed. It is not a determination that you may operate a commercial motor vehicle. That determination remains yours.

2.3 Routing, mapping, parking availability and related information are provided for guidance only, may be incomplete or inaccurate, and are not warranted as suitable for any particular vehicle, load or route. You remain solely responsible for the safe and lawful operation of your vehicle, including compliance with clearance, weight, routing and hazardous materials restrictions.

3.1 Registration is provided without charge. Certain features require a paid subscription, billed in advance on a recurring basis through our payment processor.

3.2 Additions to or removals from a subscription take effect upon election and are prorated. You may cancel at any time; access continues through the end of the period for which payment has been received. Except where required by law, fees are non-refundable.

3.3 We may modify fees upon notice prior to the commencement of the next billing period.

Certain applications collect device location where permitted by you, including on a continuing basis, in order to provide features dependent upon detection of vehicle movement and stationary periods. Such information may also be used, in de-identified and aggregate form, to maintain information concerning commercial vehicle parking availability made available to other users. Collection and use of location information are described in our Privacy Policy, which forms part of these Terms.

5.1 You retain ownership of content you submit. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce and transmit such content to the extent necessary to operate and provide the Services.

5.2 You shall not use the Services to violate any applicable law; to infringe the rights of others; to transmit unlawful, harassing or deceptive content; to misrepresent your affiliation with any person or organisation; to gain unauthorised access to any system or account; or to interfere with the operation or integrity of the Services.

5.3 We may remove content and suspend or terminate access for conduct we reasonably determine to violate these Terms.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY INFORMATION PROVIDED THROUGH THE SERVICES IS ACCURATE OR COMPLETE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits liability which may not lawfully be excluded or limited.

You agree to indemnify and hold harmless OpenTrucker and its affiliates, officers and employees from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Services, your content, or your violation of these Terms or of any applicable law.

You may discontinue use of the Services and delete your account at any time. We may suspend or terminate access, with or without notice, for breach of these Terms or where required by law. Provisions which by their nature should survive termination, including sections 2, 6, 7, 8 and 10, shall survive. Records which any party is required by law to retain are unaffected by termination.

10.1 Governing law. These Terms are governed by the laws of the State of Florida and the applicable laws of the United States, without regard to conflict of laws principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in the State of Florida.

10.2 Severability. If any provision is held unenforceable, that provision shall be limited or severed to the minimum extent necessary and the remaining provisions shall remain in full force.

10.3 Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us concerning the Services and supersede all prior understandings.

10.4 Amendment. We may amend these Terms from time to time. Where an amendment materially affects your rights we will provide notice prior to its taking effect; continued use following the effective date constitutes acceptance.

10.5 Contact. support@open-trucker.com