Terms of Service

1. Agreement to These Terms

These Terms of Service (the “Terms”) form a binding legal agreement between Fleetive, Inc., a Delaware corporation (“Fleetive,” “we,” “us,” or “our”), and the entity or person that registers for, accesses, or uses the Service (“Customer,” “you,” or “your”). By clicking “I agree,” creating an account, or accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Cookie Policy, and any order, plan selection, or written addendum that references these Terms (collectively, the “Agreement”). If you do not agree, do not access or use the Service.

If you accept the Agreement on behalf of a company or other legal entity (for example, a motor carrier or DOT-registered operation), you represent and warrant that you have authority to bind that entity, and “Customer” refers to that entity.

2. Eligibility

The Service is intended solely for business use by motor carriers and their authorized personnel, and is not directed to consumers or to individuals under the age of eighteen (18). You represent that you are at least 18 years old and capable of forming a binding contract.

3. Definitions

• “Service” means the Fleetive cloud-based platform and all related software, web and mobile applications, APIs, features, and documentation, including fleet and asset management, DOT/FMCSA compliance management, driver qualification and employment-application management, alerting, settlement and pay management, and the Driver Portal.
• “Authorized User” means an individual you permit to access the Service under your account (e.g., owners, managers, dispatchers, viewers).
• “Authorized Driver” means a driver invited to access the Driver Portal in connection with your account. Authorized Drivers are not parties to this Agreement and are not “Customers.”
• “Customer Data” means all data, documents, and information that you or your Authorized Users or Authorized Drivers submit to, upload to, or generate within the Service, including driver personal information, vehicle and asset records, compliance documents, and settlement records.
• “Third-Party Services” means products, services, data feeds, or integrations provided by third parties (see Section 10).
• “Personal Information” has the meaning given in the Privacy Policy and applicable data-protection law.

4. The Service; What It Is and Is Not

4.1 What the Service is.

Fleetive provides software tools that help motor carriers organize, store, track, and surface fleet, driver, and compliance information and manage subscriptions and driver settlements.

4.2 What the Service is NOT.

The Service is a recordkeeping and workflow tool only. Fleetive is not a law firm, compliance consultant, safety auditor, accountant, payroll processor of record, background-screening company, consumer reporting agency, or insurer, and provides no legal, regulatory, tax, safety, or compliance advice. Any informational outputs, alerts, scores, checklists, or “compliance” indicators are conveniences derived from data you and third parties provide and do not constitute a determination, certification, guarantee, or assurance that you are or will be in compliance with any law or regulation, including those administered by the U.S. Department of Transportation (“DOT”) or the Federal Motor Carrier Safety Administration (“FMCSA”). You remain solely and exclusively responsible for your regulatory compliance (see Section 7).

4.3 Beta and early-access features.

We may offer features identified as beta, preview, or early access (“Beta Features”). Beta Features are provided “AS IS,” may be changed or withdrawn at any time, and are excluded from any warranty, indemnity, support, or service-level commitment.

5. Accounts, Authorized Users, and Security

5.1 Registration. You must provide accurate, current, and complete information and keep it updated. Authentication is provided through our identity provider; you are responsible for all activity occurring under your account and credentials.

5.2 Authorized Users and roles. You may provision Authorized Users and assign role-based permissions. You are responsible for (a) your Authorized Users’ and Authorized Drivers’ compliance with the Agreement, (b) the accuracy and lawfulness of the access and roles you grant, and (c) promptly deactivating access when no longer appropriate.

5.3 Multi-account access. A single login may be associated with multiple DOT-registered operations you control. You are responsible for ensuring each operation’s data is accessed only by individuals authorized for that operation.

5.4 Security of credentials. You must keep credentials confidential and notify us promptly at security@fleetiveapp.com of any suspected unauthorized access or security incident affecting your account.

6. Customer Responsibilities and Acceptable Use

6.1 Lawful use and rights to data. You represent and warrant that you have all rights, consents, authorizations, and lawful bases necessary to collect, upload, and process Customer Data through the Service, including all driver and employee Personal Information (such as Social Security numbers, dates of birth, driver’s license and CDL data, employment and accident history, and FMCSA driver-qualification information), and that your use complies with all applicable laws, including DOT/FMCSA regulations (e.g., 49 C.F.R. Parts 380–399), the Fair Credit Reporting Act (“FCRA”) and analogous state laws to the extent applicable, the Driver’s Privacy Protection Act, and federal and state privacy, data-security, and SSN-protection laws.

6.2 Driver consent and notices. You are solely responsible for obtaining and maintaining any consents, authorizations, and disclosures required to collect and process your drivers’ Personal Information and to invite drivers to the Driver Portal, and for honoring your drivers’ privacy rights as the controller/employer of that data.

6.3 Prohibited conduct. You will not, and will not permit any Authorized User, Authorized Driver, or third party to: (a) use the Service in violation of law or third-party rights; (b) upload data you lack the right to upload, or any unlawful, infringing, or malicious content; (c) reverse engineer, decompile, or attempt to derive source code, except as permitted by law; (d) circumvent usage, plan, or security limits; (e) access the Service to build a competing product or to benchmark without our written consent; (f) interfere with or disrupt the Service or its infrastructure, or attempt to gain unauthorized access to other customers’ data; (g) use the Service to send unsolicited communications; or (h) misrepresent your identity or affiliation.

6.4 Accuracy. You are responsible for the accuracy, quality, legality, and retention of Customer Data. Fleetive does not verify, validate, or audit Customer Data and is entitled to rely on it as provided.

7. Compliance and Regulatory Responsibility (DOT/FMCSA and Audits)

7.1 Your sole responsibility. You are solely responsible for your compliance with all DOT, FMCSA, state, and local motor-carrier, safety, driver-qualification, drug-and-alcohol, hours-of-service, recordkeeping, retention, and employment laws and regulations. The Service assists with organization and visibility only; it does not perform, supervise, certify, or guarantee compliance.

7.2 No liability for audits or enforcement outcomes. Fleetive shall have no liability of any kind for, and you assume all risk relating to, the results of any DOT, FMCSA, state, insurer, broker, shipper, or other audit, review, investigation, rating (including any safety rating or BASIC/SMS percentile), citation, fine, penalty, out-of-service order, intervention, suspension, downgrade, denial, claim, or enforcement action, whether or not the Service was used to manage related records, and regardless of any alert, indicator, score, or output the Service did or did not generate. It is your responsibility to verify all compliance-relevant data, deadlines, and retention obligations independently and to maintain your own systems of record as required by law. This Section 7.2 survives termination and is a material part of the bargain reflected in the fees.

7.3 Third-party regulatory data. FMCSA/SAFER and similar data surfaced in the Service originate from government and third-party sources, may be incomplete, delayed, or inaccurate, and are provided without warranty. You must not rely on such data as a system of record (see Section 10.3).

8. Customer Data; License; Privacy and Data Processing

8.1 Ownership. As between the parties, you own and retain all right, title, and interest in Customer Data. Fleetive owns and retains all right, title, and interest in the Service.

8.2 License to Fleetive. You grant Fleetive a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, display, and otherwise use Customer Data solely to provide, secure, maintain, and improve the Service, to prevent or address technical or security issues, and as otherwise instructed by you or permitted by the Agreement and the Privacy Policy.

8.3 Aggregated/De-identified data. We may generate and use aggregated or de-identified data that does not identify you, any individual, or any DOT operation, for analytics, benchmarking, and improving the Service, provided such data is not re-identifiable.

8.4 Privacy and processing roles. Our collection and use of Personal Information is described in the Privacy Policy, incorporated by reference. With respect to Personal Information of drivers, employees, and applicants that you upload, you act as the controller/business and Fleetive acts as your processor/service provider, processing such data on your documented instructions to provide the Service. Where required by applicable data-protection law, the parties will enter into a Data Processing Addendum (“DPA”), which upon execution forms part of the Agreement and governs in the event of conflict regarding such processing.

8.5 Security. Fleetive maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data, including encryption in transit and encryption at rest of designated sensitive fields (such as Social Security numbers), access controls, and audit logging. No method of transmission or storage is completely secure, and Fleetive does not guarantee absolute security.

8.6 Retention and DOT audit trails. To support recordkeeping and audit-trail integrity, certain records are retained (including via soft-deletion) and may not be immediately or permanently erased upon a delete action. Retention and deletion are described in the Privacy Policy and Section 11.4.

9. Fees, Billing, and Subscriptions

9.1 Plans and fees. Access is sold on a subscription basis under the plan and billing cycle you select. Fees, plan limits (including truck/power-unit and driver limits), and features are presented at purchase and enforced by the Service.

9.2 Payment processor. Payments are processed by our third-party payment processor (Stripe). You authorize us and Stripe to charge your designated payment method for all fees and applicable taxes. Fleetive does not store full payment-card numbers; card data is handled by Stripe under its terms. You are responsible for maintaining a valid payment method.

9.3 Automatic renewal. Subscriptions automatically renew for successive periods equal to your then-current billing cycle at the then-current rates, unless you cancel before the end of the current period. Cancellation takes effect at the end of the then-current paid period.

9.4 No refunds; you keep your remaining term. Except where required by non-waivable law, all fees are non-refundable and are paid in advance. We do not provide refunds, credits, or proration for partial periods, unused time, downgrades, or features not used. If you cancel, your subscription will not renew, but you will retain access to the paid features through the end of your current paid period — you keep the remaining time you have already paid for, after which your access ends. Trials, promotional credits, comp grants, referral or influencer rewards, and similar benefits are discretionary, non-transferable, have no cash value, and may expire or be revoked in accordance with their terms.

9.5 Plan changes. You may upgrade or change plans through the Service. Upgrades may take effect immediately and may be subject to a proration charge collected at the time of change; downgrades take effect as described in the Service and are subject to plan-limit requirements (e.g., you may need to reduce active units to fit a lower tier). No refunds are issued for downgrades.

9.6 Taxes. Fees are exclusive of taxes. You are responsible for all sales, use, and similar taxes (excluding taxes on Fleetive’s net income).

9.7 Price changes. We may change fees and plan features prospectively. We will provide notice (e.g., by email or in-app) before a change affects your next renewal. Continued use after the change takes effect constitutes acceptance.

9.8 Past-due amounts; suspension. If a charge fails or an amount is past due, we may apply a grace period and dunning process, suspend or place your account in read-only mode, and/or restrict features, and you remain responsible for amounts owed.

9.9 Disputes. You must notify us of any billing dispute within thirty (30) days of the charge; otherwise the charge is deemed accepted.

10. Third-Party Services and Data

10.1 Integrations. The Service relies on and may interoperate with Third-Party Services, including our payment processor (Stripe), government data sources (FMCSA/SAFER and related), and vetted cloud infrastructure and email-delivery providers that help us operate the Service.

10.2 Third-party terms. Your use of Third-Party Services may be subject to separate terms and privacy policies between you and those providers. Fleetive does not control and is not responsible for Third-Party Services, their availability, security, accuracy, or acts/omissions, and any issues with them are between you and the relevant provider.

10.3 Third-party data disclaimer. Government and third-party data (including FMCSA/SAFER carrier and safety data, VIN decoding, and similar feeds) is provided “AS IS” and “AS AVAILABLE,” may be inaccurate, incomplete, delayed, or unavailable, and Fleetive is not responsible for its content or accuracy. Do not rely on it as a regulatory system of record.

11. Term, Suspension, and Termination

11.1 Term. The Agreement begins when you first accept it and continues until terminated as provided here.

11.2 Termination by you. You may cancel at any time through the Service or by contacting support@fleetiveapp.com; cancellation is governed by Section 9.4.

11.3 Suspension or termination by Fleetive. We may suspend or terminate the Service (in whole or in part) immediately if: (a) you breach the Agreement (including non-payment) and fail to cure within any applicable cure period; (b) we reasonably believe your use poses a security, legal, or operational risk; (c) required by law or by a Third-Party Service; or (d) we discontinue the Service. We may also suspend access during the dunning/grace process for non-payment.

11.4 Effect of termination. Upon termination: (a) your right to access the Service ends; (b) you may, for a limited period of thirty (30) days after termination (except where access was terminated for cause), request export of Customer Data in a Fleetive-supported format; and (c) thereafter we may delete or de-identify Customer Data in the ordinary course, except records we are required or permitted to retain for legal, audit-trail, tax, security, or recordkeeping purposes. You are responsible for retaining your own copies of any records you are legally required to maintain (including DOT/FMCSA records).

11.5 Survival. Sections 3, 4.2, 6, 7, 8.1, 8.3, 9 (for accrued amounts), 10.2–10.3, 11.4–11.5, and 13–21 survive termination.

12. Intellectual Property; Feedback

12.1 Fleetive IP. The Service, including all software, designs, text, graphics, trademarks, and the “Fleetive” name and logos, is owned by Fleetive or its licensors and protected by intellectual-property laws. Subject to the Agreement, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during the term. All rights not expressly granted are reserved.

12.2 Feedback. If you provide suggestions or feedback, you grant Fleetive a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

13. Confidentiality

Each party may receive non-public information of the other (“Confidential Information”). The receiving party will use it only to perform under the Agreement and protect it with at least reasonable care, excluding information that is public, independently developed, or rightfully received from a third party. This Section does not limit Fleetive’s handling of Customer Data, which is governed by Section 8 and the Privacy Policy.

14. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL CONTENT, OUTPUTS, ALERTS, SCORES, AND THIRD-PARTY DATA, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLEETIVE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FLEETIVE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL BE ACCURATE OR PRESERVED, OR THAT THE SERVICE WILL ACHIEVE OR MAINTAIN ANY COMPLIANCE, SAFETY, AUDIT, OR BUSINESS RESULT. Some jurisdictions do not allow certain warranty exclusions; some of the above may not apply to you.

15. Limitation of Liability

15.1 Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, OR FOR FINES, PENALTIES, OR REGULATORY OR AUDIT OUTCOMES (SEE SECTION 7), EVEN IF ADVISED OF THE POSSIBILITY.

15.2 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLEETIVE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES YOU ACTUALLY PAID TO FLEETIVE FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100).

15.3 Compliance carve-out reaffirmed. WITHOUT LIMITING THE FOREGOING, FLEETIVE HAS NO LIABILITY FOR ANY MATTER DESCRIBED IN SECTION 7 (COMPLIANCE, AUDITS, AND ENFORCEMENT OUTCOMES).

15.4 Basis of the bargain; exceptions. These limitations are a fundamental basis of the bargain and apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; in such cases liability is limited to the smallest amount permitted by law. Nothing in this Section limits liability that cannot be limited by law.

16. Indemnification

You will defend, indemnify, and hold harmless Fleetive and its officers, directors, employees, and agents from and against any third-party claims, demands, suits, proceedings, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer Data and your collection, upload, use, retention, or disclosure of it, including driver/employee Personal Information and SSNs; (b) your violation of the Agreement, applicable law, or third-party rights (including privacy, FCRA, DPPA, and DOT/FMCSA obligations); (c) your regulatory compliance, audits, or enforcement matters (Section 7); (d) your Authorized Users’ or Authorized Drivers’ acts or omissions; or (e) any claim by a driver, employee, applicant, contractor, broker, shipper, insurer, or government body relating to your use of the Service. We will provide prompt notice of the claim, reasonable cooperation, and control of the defense (you may not settle in a way that imposes obligations on us without our consent).

17. Dispute Resolution; Arbitration; Class-Action Waiver

Please read carefully — this Section affects your legal rights, including your right to a jury trial and to participate in a class action.

17.1 Informal resolution. Before filing a claim, the parties will attempt to resolve it informally by written notice to legal@fleetiveapp.com and a good-faith discussion for thirty (30) days.

17.2 Binding arbitration. Except for the carve-outs below, any dispute arising out of or relating to the Agreement or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Delaware (or by videoconference), before one arbitrator, under the Federal Arbitration Act.

17.3 Class-action and jury waiver. The parties waive any right to a jury trial and to bring or participate in any class, collective, consolidated, or representative action. Claims must be brought in an individual capacity only.

17.4 Carve-outs. Either party may (a) bring an individual action in small-claims court, and (b) seek injunctive or equitable relief in court to protect intellectual property, Confidential Information, or to prevent unauthorized access.

17.5 Opt-out. You may opt out of arbitration and the class-action waiver by sending written notice to legal@fleetiveapp.com within thirty (30) days of first accepting these Terms; opting out does not affect other provisions.

17.6 Governing law and venue. The Agreement is governed by the laws of the State of Delaware, without regard to conflicts-of-law rules, and the U.N. Convention on Contracts for the International Sale of Goods does not apply. For matters not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.

18. Modifications to the Agreement and the Service

18.1 Changes to the Agreement. We may modify the Agreement from time to time. If we make material changes, we will provide reasonable notice (e.g., by email or in-app) and post the updated version with a new “Last updated” date. Changes are effective upon the stated effective date; your continued use of the Service after that date constitutes acceptance. If you do not agree, you must stop using the Service before the effective date.

18.2 Changes to the Service. We may add, change, suspend, or discontinue features at any time. We will use reasonable efforts to avoid materially degrading core functionality during a paid term, but Beta Features and Third-Party Services may change without notice.

19. Communications; Electronic Notices and Signatures

You consent to receive communications from us electronically, including service, transactional, billing, security, and compliance-workflow messages by email and in-app, and you agree that electronic communications and records satisfy any legal requirement that communications be in writing. If you provide a mobile number and opt in to SMS/text (e.g., for one-time codes or alerts), you consent to receive such messages; message and data rates may apply, and you may opt out as described in the message, except that transactional security messages (such as login codes) may be necessary to use the Service.

20. Force Majeure

Fleetive is not liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, cyberattacks, or failures of Third-Party Services.

21. General

21.1 Assignment. You may not assign the Agreement without our prior written consent, except to a successor in a merger or sale of substantially all assets that assumes these Terms. We may assign freely. 21.2 Entire agreement. The Agreement (including the Privacy Policy, Cookie Policy, applicable orders, and any DPA) is the entire agreement and supersedes all prior understandings. 21.3 Severability. If a provision is unenforceable, it will be limited or severed and the remainder will remain in effect. 21.4 No waiver. Failure to enforce a provision is not a waiver. 21.5 No third-party beneficiaries. 21.6 Relationship. The parties are independent contractors. 21.7 Export and sanctions. You will comply with applicable U.S. export-control and sanctions laws and represent you are not on a restricted-party list. 21.8 U.S. government users. The Service is “commercial computer software” provided with restricted rights. 21.9 Headings are for convenience only. 21.10 Notices to Fleetive must be sent to legal@fleetiveapp.com; notices to you may be sent to your account email. 21.11 Contact: support@fleetiveapp.com.