PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE TRUCKING CADDY APP OR ANY RELATED SERVICES. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
1. Acceptance of Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you and Trucking Caddy LLC, a Texas limited liability company ("Company," "we," "our," or "us"), governing your access to and use of the Trucking Caddy mobile application and any related websites, content, features, or services (collectively, the "Services").
If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, and references to "you" include that entity.
We reserve the right to update these Terms at any time. We will notify you of material changes through the App or by email. Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms.
2. Eligibility
You must be at least 18 years of age to use the Services.
You must have the legal capacity to enter into a binding agreement.
You must not be prohibited by applicable law from receiving or using the Services.
If you are using the Services on behalf of a business, you represent that the business is validly organized and authorized to enter into these Terms.
3. Account Registration
To access certain features of the Services, you must create an account. You agree to:
Provide accurate, current, and complete information during registration.
Maintain and promptly update your account information.
Keep your password confidential and not share it with any third party.
Notify us immediately of any unauthorized use of your account or breach of security.
Accept responsibility for all activities that occur under your account.
We reserve the right to suspend or terminate your account if any information you provide is inaccurate, outdated, or incomplete, or if you violate these Terms.
4. License to Use the Services
Subject to your compliance with these Terms, Trucking Caddy LLC grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on a device you own or control solely for your personal, non-commercial use in connection with truck driving and fleet logistics activities.
You may not:
Copy, modify, distribute, sell, sublicense, or create derivative works of the Services or any content therein.
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.
Circumvent or disable any security features or technological protection measures.
Use the Services for any commercial purpose without our prior written consent.
Access the Services through automated means (bots, scrapers, crawlers) without authorization.
Use the Services to develop a competing product or service.
5. User-Generated Content
The Services allow you to submit, post, and share content including reviews, ratings, photos, entrance pin location data, road condition reports, and other materials ("User Content"). You are solely responsible for any User Content you submit.
By submitting User Content, you grant us a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with operating, improving, and promoting the Services. You represent and warrant that:
You own or have the necessary rights to submit the User Content.
Your User Content does not infringe any third-party intellectual property, privacy, or other rights.
Your User Content is accurate to the best of your knowledge.
Your User Content complies with our Community Content Rules.
We do not claim ownership of your User Content. We reserve the right, but not the obligation, to review, moderate, remove, or edit any User Content at our sole discretion.
6. Prohibited Conduct
You agree not to:
Post User Content that is false, misleading, defamatory, obscene, harassing, threatening, or discriminatory.
Impersonate any person or entity or falsely represent your affiliation with any person or entity.
Upload malware, viruses, or any other harmful software.
Collect or harvest personal information of other users without their consent.
Interfere with or disrupt the integrity or performance of the Services or servers.
Attempt to gain unauthorized access to any part of the Services.
Use the Services while operating a motor vehicle in a manner that creates a safety hazard.
Engage in any conduct that violates applicable federal, state, or local law or regulation.
Facilitate or encourage others to do any of the above.
7. Intellectual Property
All rights, title, and interest in and to the Services — including all software, text, graphics, logos, icons, and data compilations — are owned by or licensed to Trucking Caddy LLC and are protected by United States and international intellectual property laws. These Terms do not grant you any rights in the Company's trademarks, service marks, trade dress, or other proprietary material.
The "Trucking Caddy" name, logo, and related marks are trademarks of the Company. You may not use them without prior written permission.
8. Third-Party Content and Services
The Services may include maps, routing data, and points of interest licensed from third-party providers (including but not limited to HERE Technologies, Google Maps Platform, or OpenStreetMap contributors). Such content is subject to the terms and licenses of those providers. We make no warranties regarding the accuracy or completeness of third-party content.
Links to third-party websites or services do not constitute an endorsement by us. We are not responsible for the content, privacy practices, or terms of any third-party service.
9. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TRUCKING CADDY LLC DOES NOT WARRANT THAT:
THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
ANY USER-GENERATED CONTENT, INCLUDING ENTRANCE PINS, FACILITY REVIEWS, OR ROAD REPORTS, IS ACCURATE, COMPLETE, OR UP TO DATE.
THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS.
ANY DEFECTS WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT TRUCKING AND COMMERCIAL VEHICLE OPERATIONS INVOLVE INHERENT RISKS. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES WHILE DRIVING OR OPERATING A VEHICLE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUCKING CADDY LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.
IN NO EVENT SHALL TRUCKING CADDY LLC'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Indemnification
You agree to indemnify, defend, and hold harmless Trucking Caddy LLC and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) any User Content you submit; (c) your violation of these Terms; or (d) your violation of any third-party rights, including any intellectual property, privacy, or other rights.
12. Dispute Resolution and Arbitration
12.1 Informal Resolution
Before initiating any formal legal action, you agree to contact us at the support address below and attempt to resolve the dispute informally. We will attempt to resolve the dispute within thirty (30) days.
12.2 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as provided below. The arbitration shall be conducted in English in the State of Texas, unless otherwise agreed. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
12.3 Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
12.4 Exceptions
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or enjoin infringement of intellectual property rights or other irreparable harm.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles. Subject to the arbitration clause above, you consent to the exclusive jurisdiction of the state and federal courts located in Texas.
14. Termination
We may suspend or terminate your account and access to the Services at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your license to use the Services immediately ceases. Sections 7, 9, 10, 11, 12, and 13 survive termination.
You may terminate your account at any time through the App settings or by contacting us. Termination does not entitle you to a refund of any fees paid.
15. Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy and Community Content Rules, constitute the entire agreement between you and the Company regarding the Services.
Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights without restriction.
Force Majeure: We are not liable for delays or failures in performance resulting from causes beyond our reasonable control.
Notices: We may send notices to you by email or through the App. You may send legal notices to us at the address below.
16. Contact Information
For questions about these Terms, please contact:
Trucking Caddy LLC
Attn: Legal Department
Email: Support@truckingcaddy.com
Website: https://www.truckingcaddy.com