Terms of Service

Effective as of August 17, 2024

This Agreement constitutes a legally binding contract between you, whether acting on your own behalf or on behalf of an entity you are authorized to represent, and Secure Path Inc, a Missouri limited liability corporation, along with its employees, consultants, directors, successors, subsidiaries, affiliates, and assignees (referred to as "Company" "we," or "us"). This Agreement governs your use of services provided by the Company.

The Service encompasses the Company's electronic logging device and fleet management software, including websites, mobile websites, mobile applications, and any associated updates or upgrades.

By accessing or using the Service, you agree to be bound by this Agreement and any policies or terms referenced herein, including our Privacy Policy. If you do not agree to these terms, do not use the Service.

The Company grants you a limited, non-sublicensable, non-exclusive, and revocable license to use the Service, subject to your compliance with this Agreement. All rights not expressly granted are reserved by the Company.

You are responsible for all activity occurring under your login credentials. You may allow certain users, such as employees or independent contractors ("End Users"), to access the Service in accordance with this Agreement. You may have the ability to create End User accounts with special permissions ("Administrator Accounts"). You are responsible for all End User activity and ensuring their compliance with this Agreement.

If you have been given access to the Service by another user, including your employer, you acknowledge that they may have the ability to access, monitor, disclose, change, restrict, or terminate your access to your account and/or the Service. The Company is not responsible for such internal management or administration of the Services between you and such other users.

You are responsible for maintaining the confidentiality of login credentials, managing access to End User accounts and other accounts you create, and ensuring all users comply with this Agreement.

You must promptly notify the Company of any security breaches related to the Service. You assume sole responsibility for your driving logs and compliance with all state and federal regulations, including FMCSA regulations governing hours of service for drivers. The Company is not responsible for your compliance and will not be a party to any disputes between you and regulatory agencies.

To use the Service, you must be at least 18 years old and capable of forming a binding contract. You agree to provide accurate, complete, and up-to-date information for your account and to update such information as necessary. You are responsible for all activities occurring under your account, whether or not you are aware of them.

Your use of the Service depends on factors for which you are solely responsible, including operation of a compatible vehicle, use of a device capable of accessing the Service, and access to an internet or cellular connection.

You may only use the Service for lawful, authorized purposes and must not misuse it in any manner. You must comply with any codes of conduct, policies, instruction manuals, user guides, storage limitations, or other notices provided by the Company.

You agree to prevent unauthorized access or use by End Users or other account users and to terminate any unauthorized use of or access to the Service. You may not sell, resell, or lease the Services.

The Company takes user privacy seriously. For the current Privacy Policy, please refer to the provided link.

"Your Data" refers to any data and content you create, post, upload, transmit, or otherwise make available via the Services. This includes logs, location coordinates, vehicle data, messages, documents, profile information, and any other information entered or uploaded into the Service.

The Company will implement and maintain reasonable technical and organizational security and data storage policies and measures consistent with industry standards for facilities within its control. You acknowledge that data may be stored or transmitted through third-party facilities, services, or common carriers, including the internet, while using the Service.

Your acceptance of this Agreement grants the Company the necessary rights and licenses to provide the Service to you and any other services for which you have signed up through business partners and affiliated businesses. The Company needs to transmit, store, and copy Your Data to display it to you and those with whom you share it.

When you submit documents, send messages, or share Your Data with another user or third party, or authorize a third party to receive Your Data, you grant the Company permission to share Your Data and the necessary rights and licenses to provide the Service to you and such third parties. This permission extends to third-party service providers used in the operation and administration of the Service.

The Services enable commercial motor vehicle drivers ("Drivers") to connect directly with motor carriers ("Carriers"), allowing Drivers to send messages and automatically share their driving logs, documents, location information, and other data ("Driver Data") with the Carrier. When Drivers connect with a Carrier, the Carrier, its employees, and other connected third parties may access Driver Data for all Drivers connected to that Carrier.

Drivers should be aware that their Driver Data will be automatically shared with connected Carriers and other parties. The Company's role is solely to provide the Service, and you are responsible for anything you share, including Driver Data.

You grant the Company necessary licenses to create aggregated and/or de-identified data from Your Data for use in providing the Service and otherwise. The Company may use and sell such aggregated and/or de-identified data, which does not directly identify you, for any purpose it sees fit.

You are solely responsible for your conduct, the content of Your Data, and all communications while using the Services. You represent and warrant that you own all Your Data or have the necessary rights to grant the Company the license rights under this Agreement. You also warrant that Your Data and its use will not infringe upon, misappropriate, or violate any third party's intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

The Company is not responsible for the accuracy, appropriateness, or legality of Your Data or any information you or your End Users may access using the Services. The Company has the right to remove any of Your Data causing violation of this Agreement.

You agree that any feedback, input, suggestions, recommendations, troubleshooting information, or similar information you provide may be used by the Company to modify, enhance, maintain, and improve its products and shall become the Company's exclusive property without any obligation or payment to you or any third party.

The Company may modify this Agreement from time to time without notice, except as required by law. You can review the most current version of the Agreement on the Company's websites. You may terminate your use of the Service if you do not agree with any modifications. Continued use of the Service after modifications indicates acceptance of the changes.

The Company is not a party to any relationships or agreements between you and third parties for the performance of duties and disclaims all liability for the quality, timing, legality, failure to provide, or any other aspect of professional duties performed by you or other Service users.

If you have entered into an agreement with the Company or its affiliates for hardware devices, the terms of that agreement govern the use of such devices, including payment obligations and other rights and obligations.

You agree not to use any Company proprietary information without prior written consent, attempt to breach security measures, access the Service through unauthorized means, send unsolicited communications, use the Service for third-party benefit in an unauthorized manner, attempt to reverse engineer the software, interfere with other users' data or access, collect personally identifiable information without permission, impersonate others, violate laws or regulations, or encourage others to do any of the foregoing.

The Company reserves the right to monitor access and use of the Service, review or edit the Service or Your Data, disable your access, and investigate violations of this Agreement or conduct affecting the Service. The Company may cooperate with law enforcement authorities to prosecute users who violate the law.

The Services may contain links to third-party websites or resources. The Company is not responsible for the content, products, or services on these external sites. You assume all risk arising from the use of any third-party websites or resources.

You grant the Company permission to use your company name and logo on its website, customer lists, and marketing materials to list you as a customer. The Company will not use your name, trademarks, or logos in any other way without your prior consent.

This Agreement will remain in effect until your account or this Agreement is terminated. The Company may terminate your access to the Service at any time without notice. You may cancel your account by emailing info@securepatheld.com. Upon termination, all provisions of this Agreement that should survive termination will remain in effect. The Company is not obligated to maintain or provide Your Data after termination and may delete or destroy all copies in its possession or control, unless legally prohibited.

To the maximum extent allowed by law, the Service is provided "as is," without warranty of any kind. The Company explicitly disclaims all implied warranties and any warranties arising out of course of dealing or usage of trade. The Company disclaims all liability for acts or omissions of any driver, user, end user, entity, or third party. The Company does not warrant that the Service will meet your requirements or be uninterrupted, secure, or error-free. Your use of the Service is at your sole risk and discretion.

You agree to indemnify and hold the Company, its vendors, and their respective subsidiaries, officers, directors, agents, partners, employees, and consultants harmless from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of this Agreement or any law, or your violation of any third party's rights.

Additional terms apply to your use of iPhone and iPad applications available via the Apple App Store. These terms acknowledge that the Agreement is between you and the Company, not Apple, and that Apple is not responsible for App Store Apps or Content. The license for App Store Apps is limited, non-exclusive, non-transferable, and non-sublicensable. You will only use App Store Apps on Apple devices you own or control. Apple has no obligation to furnish maintenance or support services for App Store Apps. In case of failure to conform to warranties, your sole recourse is to seek a refund from Apple. The Company, not Apple, is responsible for addressing claims related to App Store Apps. You warrant that you are not in a country under U.S. embargo or designated as a "terrorist supporting" country and are not on any U.S. Government list of prohibited parties. Both you and the Company acknowledge that Apple and its subsidiaries are third-party beneficiaries of this Agreement.

This Agreement constitutes the entire agreement between you and the Company regarding the Service. The Company's failure to exercise any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found invalid, the parties agree that the arbitrator or court should give appropriately valid effect to the intention of the Agreement, and the other provisions shall remain in full force and effect.

You may not transfer or assign this Agreement or any rights granted hereunder without the Company's prior written consent, except in the case of a sale of substantially all of your assets or business or a merger, amalgamation, reorganization, or similar transaction. The Company may assign or novate this Agreement in its sole discretion by written notice to you.

This Agreement shall be governed by the laws of the State of Missouri, and all activities related to the Service shall be deemed to have been performed in Missouri. Any controversy, dispute, or claim arising out of or relating to the Service or this Agreement shall be governed by and construed in accordance with the laws of Saint Louis County Missouri, except for the body of law governing conflicts of law.

If a dispute arises, the Company aims to address your concerns. If unable to do so satisfactorily, the Company will provide a neutral and cost-effective means of resolving the dispute quickly. Complaints and disputes may be reported to Attn: Legal Department, Secure Path Inc,1300 Big Bend Road apt 258, Ballwin, MO 63021 or via email to: Info@securepatheld.com

For claims where the total amount sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The arbitration will be conducted through a mutually agreed-upon ADR provider, following specific rules regarding the manner of arbitration and judgment enforcement.

Except as otherwise agreed or described above, you agree that any claim or dispute against the Company must be resolved by a court located in Saint Louis County, Missouri. You submit to the personal jurisdiction of these courts for litigating all such claims or disputes.

All claims against the Company must be resolved in accordance with this Agreement. Claims filed contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. The Company may recover attorneys' fees and costs from you for improperly filed claims, provided that you have been notified in writing and failed to promptly withdraw the claim.

TERMS AND CONDITIONS

Terms of Service for SMS Communications

Consent for SMS Communication

Information obtained as part of the SMS consent process will not be shared with third parties.

Types of SMS Communications:

• If you have consented to receive text messages from Secure Path Inc, you may receive text messages related to our services or freight opportunities.
• Below are examples:
• Customers and Guests: Updates regarding your orders, deliveries, or other relevant information.

Standard Messaging Disclosures:

• Message and data rates may apply
• You can opt-out at any time by texting "STOP."
• For assistance, text "HELP" or visit Privacy Policy & Terms and Conditions

This company will not sell, transfer, share or distribute the personal information that is collected without your consent, unless required by a judge with a court order.

Secure Path Inc reserves the right to change the terms of this Privacy Policy at any time.