Trucker Guide Terms Of Use

1. Overview

1.1. The Company provides you ("User," "You") with access to the Services, such as mapping, truck-safe navigation, truck-related restrictions on the map, real-time traffic conditions, live road cameras, diesel/DEF price information, parking availability status information, weigh station status information, any other Services accessible via the Platform and information about the places, services, companies, and amenities, created and published by other Users ("User Content") and by the Company ("Our Content") (collectively referred to as “the Content”).
1.2. The Platform is licensed, not sold to you, and you may access the Content and use the Services provided through the Platform only as permitted in these Terms.

1.3. By downloading, installing, or otherwise accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree, you must not access or use the platform or any of the services provided through it.

1.4. By using the mobile application, you agree not to use the services while operating a vehicle. Trucker Guide is not liable for fines, violations, or accidents resulting from such use.

2. Terms’ Status and Acceptance

2.1. These Terms constitute a legally binding agreement between you and the Company.
2.2. These Terms apply to any and all Services, Content and information provided by the Company on the Platform.
2.3. By accessing the Platform or ticking the “I agree to the Terms of Use and Privacy Policy” checkbox (or similar), you agree to be bound by these Terms and confirm that you have read, understood, and accepted all the provisions of these Terms, as well as provisions of our Privacy Policy.
2.4. Please do not access or use the Platform if you have not read, understood, and accepted all the provisions of these Terms.
2.5. The Company may change, remove, or add the context of the Terms and reserves the right to do so in its sole discretion. All new and/or revised provisions of the Terms take effect immediately and apply to your use of the Platform from that date on. Please, check these Terms regularly to be aware of all current provisions of these Terms.
2.6. The Company will notify you about significant changes in these Terms by posting a notification on the Platform.
2.7. You can review the most current version of the Terms using the Terms of Use link at the bottom of the Platform. If you continue to use the Platform after the Company makes changes to the Terms, you are signifying your acceptance of the new and/or revised Terms.
2.8. These Terms, including our Privacy Policy, any and all notices, notifications, disclaimers construe, and entire agreement between you and the Company.

3. Personal Account and Account Information

3.1. You may start using the Services by downloading the application of the Platform or visiting the Platform’s website and creating a new personal account (“Account”).
3.2. To open an Account, you have to provide us with your name, email and also come up with a password. You may also create your account through Google, Facebook or Apple sign up option.
3.3. Following the Account creation, you may also customize your profile and provide as with additional personal data, e.g., profile photo or basic information about yourself. All information provided will be stored and processed in accordance with our Privacy Policy.
3.4. You must not create an Account on behalf of another individual or entity unless you are legally authorized to do so.
3.5. After the Account has been created, you can select the category of your Account. The Platform provides you with five categories: Driver, Dispatcher, Owner Operator, Business Owner, Other.
3.6. You are solely responsible for keeping your Account secure. Do not share your login (email) and password with others.
3.7. You must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of your Account.
3.8. The Company reserves its right to suspend your Account without providing notice or reason in case of any violation of these Terms or the applicable law.

4. User’s Eligibility

4.1. To access Services, you must open an Account on the Platform.
4.2. The Services and the use of the Platform are available to natural persons, that:

4.2.1. are at least 18 years of age;
4.2.2. have full civil capacity;
4.2.3. have the capacity to enter into a legally binding contract and use the Platform, and are not prohibited to do so and use the Services by the Applicable Law or any other laws that may apply.

4.3. If you are accessing the Platform or the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree on behalf of such organization that it shall be bound by these Terms.
4.4. You cannot use the Services if it is prohibited under the laws of your state or country.

5. The Services and Subscription Plans

5.1. You may access and use the Services provided by the Company in accordance with these Terms. You agree to comply with the Terms and all laws, rules and regulations applicable to your use of the Services.
5.2. We offer you a number of products (each referred as a “Service”). Services are accessed through the Platform, unless otherwise agreed in writing or otherwise offered. Some Services are provided on a paid basis and may require you to enter a valid form of payment, and select a paid plan (a “Plan”). Up-to-date information about the Plans available to you is always displayed in your Account on the Platform. Any fees paid for Services are not refundable.

        5.2.1 Pre-Paid Annual Plan: You may cancel at any time with a 30-day notice. No refunds are given for unused portions;
        5.2.2. Month-to-Month Plan: You may cancel your subscription with a 30-day notice. A one-month fee will be assessed for all monthly subscriptions;
        5.2.3. Free Trial Plan (if applicable for Service): If any Service offers a free trial, you must cancel 1 day before the trial ends to avoid charges. Failure to cancel within the required period will result in charges for the applicable subscription plan, and no refunds will be given for those charges;
        5.2.4. Automatic Renewal: Plan subscriptions renew automatically for the same duration unless canceled 30 days before renewal. Fees are charged to the payment method on file;

5.3 In certain Services, third-party Content may be used by you at your election. Third-party Content is governed by the Terms and, if applicable, separate terms and conditions accompanying such third-party content, which terms and conditions may include separate fees and charges. We are not responsible for the third-party Content and use of such Content provided by third parties.
5.4 When you use our Services, you may also be using the services of one or more third parties. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties. We are not responsible for the third-party services and use of such services provided by third parties.

6. Sharing Content with Other Users

6.1. You, as a User, may at your sole discretion, create and share your own Content. The Company may inspect your Content related to new companies and accept such Content for sharing on the Platform only after the inspection.
6.2. You are solely responsible for the Content of, and any harm and damages resulting from that Content. By making Content available, you represent and warrant that:

6.2.1. use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
6.2.2. if your employer has rights to intellectual property you create, you have either (i) received written permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a written waiver as to all rights in or to the Content;
6.2.3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end Users any required terms;
6.2.4. the Content does not contain or install any link with viruses, worms, malware, Trojan horses or other harmful or destructive content;
6.2.5. the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unethical or unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
6.2.6. the Content is not considered as prohibited information under these Terms.

6.3. Company has the right (though not the obligation) to (i) refuse or remove any Content that, in Company’s reasonable opinion, violates any Company policy or is in any way harmful or objectionable, or (ii) terminates or denies access to and use of the Platform, Content, and/or Services, to any person for any reason, in Company’s sole discretion.
6.4. The Company does not bear any responsibility for the User Content posted by Users on the Platform as well as for any other Content provided on the platform. 
6.5. When posting the User Content, Users are prohibited from using any information which:

6.5.1. contains threats or calls to violence, including ones made implicitly; praises or encourages violent actions; discredits; insults; defiles one’s honor, dignity or business reputation; or violates the privacy of other Users or third parties;
6.5.2. infringes on the rights of minors;
6.5.3. is vulgar or obscene, contains pornographic images and texts or sexual scenes with the participation of minors;
6.5.4. contains scenes of inhumane treatment of animals;
6.5.5. propagates and/or incites racial, religious, or ethnic hatred or hostility, including hatred or hostility towards a specific gender, orientation, or any other individual attributes or characteristics of a person (including those concerning a person’s health);
6.5.6. propagandizes and/or contributes to racial, religious, ethnic hatred or hostility, propagandizes fascism or racial superiority;
6.5.7. contains extremist materials;
6.5.8. propagandizes criminal activity or contains advices, instructions or guides for criminal activities;
6.5.9. contains restricted information including but not limited to government and trade secrets, information on the private life of third persons;
6.5.10. advertises or describes the attractiveness of using drugs, including “digital drugs” (audio files affecting the human brain through binaural rhythms), contains information on drug trafficking, drug recipes and drug consumption recommendations;
6.5.11. is of fraudulent nature;
6.5.12. or infringes other rights and interests of individuals and legal entities or requirements of Applicable Law or any other laws that may apply.

7. Use of the Content

7.1. You may use the Services to obtain User Content posted by Users and Our Content on the Platform. The Company is not responsible for the Content and use of such Content because it was gathered from open sources or provided by third parties.
7.2. The Company does not guarantee that we have reviewed, and review, all of the Content, posted on the Platform, and therefore cannot be responsible for that Content use or effects. By operating the Platform, Company does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or non-harmful. The Platform may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Platform may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Company disclaims any responsibility for any harm and/or damages resulting from the use or downloading of Content of other parties in the Platform.
7.3. This Service and the Content is not advice to use, purchase or follow the mentioned services, companies, and amenities or any other advice.

8. Copyright Infringement and Requests

8.1. As Company requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that Content posted by another User violates your copyright, you are encouraged to notify the Company. Company will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing Content. In order to bring infringing Content to our attention, you must provide us with the following information:

8.1.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
8.1.2. an identification of the copyrighted work and the location in the Platform of the allegedly infringing work;
8.1.3. a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law;
8.1.4. your name and contact information, including telephone number and email address; and
8.1.5. a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

8.2. If you are willing to remove information about your own services, companies, and amenities from Our Content or User Content posted by another User, you are encouraged to notify the Company. Upon written request, you may refuse to display your own services, companies, and amenities on the Platform.

9. User Conduct

9.1. When using the Services, you must:

9.1.1. not violate or assist any third party in violating these Terms and/or any Applicable Law, which may include but is not limited to international laws, national laws, statutes, regulations, etc.;
9.1.2. not provide false, inaccurate, incomplete and misleading information to the Company;
9.1.3. not violate intellectual property rights (trademark, copyright, patent, and other intellectual property rights) of the Company;
9.1.4. not use the Platform and the Services in any way that can damage, disable or overburden the Platform, which may include but is not limited to uploading or in any other way, while using the Platform and the Services, sending viruses, Trojan horses, spyware, adware or any other malicious code; performing DoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide services on the Platform and the Services;
9.1.5. not attempt to gain unauthorized access to the Platform, other User’s Accounts, computer systems or networks connected to the Platform or to extract data from the Platform;
9.1.6. not share your Account and/or password with third parties or use any other person's Account and/or password;
9.1.7. not impersonate or misrepresent your affiliation with another User, person or entity, nor make other fraudulent, false, deceptive, or misleading representations;
9.1.8. not violate any laws that apply in your jurisdiction concerning the use of Platform and mobile applications in general;
9.1.9. not violate these Terms and the Applicable Law in any other way;
9.1.10. to notify the Company immediately if you become aware of any unauthorized use of your Account and password by any person or any other violations to the security rules;
9.1.11. to notify the Company immediately if you become aware of any violations to the security rules;
9.1.12. to strictly observe all security mechanisms and procedures while using the Services.

9.2. Furthermore, you agree to:

9.2.1. not violate the traffic code apply in your jurisdiction;
9.2.2. not drive when physically or mentally impaired;
9.2.3. be realistic and thoughtful about your personal physical condition;
9.2.4. reasonably adhere to the common rules of safe driving;
9.2.5. make sure that the usage of the Platform does not distract you while driving;
9.2.6. make sure that you are not experiencing any discomfort while using the Platform.

10. Account Closing and Suspension

10.1. You can close your Account at any time at your sole discretion.
10.2. The Company reserves the right to temporarily suspend or close your Account in an event:

10.2.1. not violate the traffic code apply in your jurisdiction;
10.2.2. we reasonably believe your Account is being used by a person with no right and/or authorization to do so;
10.2.3. you fail to comply with these Terms, as well as with any other document that construes a part of these Terms;
10.2.4. you have provided us with any false, incomplete, misleading, inaccurate information;
10.2.5. you, your Account, your behavior poses regulatory risks to the Company;
10.2.6. we reasonably suspect you of fraud, otherwise violating the Applicable Law;
10.2.7. we detect unusual activities on your Account;
10.2.8. other reasons that construe a violation of these Terms and the Applicable Law;
10.2.9. we are required to do so under a court order and/or command or any other document that is a result of a civil, criminal and administrative procedure of court, regulatory, government or local government authority.

10.3. The Company may, but has no obligation to, notify you about the reasons for your Account suspension or closing.
10.4. Your Account will be automatically deleted if the Account has been inactive for the last 3 years.
10.5. You agree that the Company is not liable or responsible for any losses suffered due to your Account closure.

11. Intellectual Property

11.1. The Company may produce and display content (“Our Content”) in the Platform, which includes but is not limited to information about the services, companies, and amenities.
11.2. The Company shall not hold liability for any actions that arise from Our Content.
11.3. All components of Our Content and the Platform, as well as Our Content and the Platform as a whole belong to the Company and are protected with, including, but not limited to copyright, trademarks, trade secrets. All rights reserved.
11.4. You must not reproduce, reprint, publish, modify, distribute, display, transmit, license, transfer or otherwise exploit Our Content or technology from the Platform without Company’s prior written consent.
11.5. Violation of any of the intellectual property rights of the Company is strictly prohibited.

12. Third-Party Services

12.1. The Platform may contain links to third-party apps, websites, or services (or be integrated with them) that are not owned or controlled by the Company.
12.2. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
12.3. For more information, please read these companies’ public policies.

13. Confidentiality and Privacy Policy

13.1. We collect, store and process your information in accordance with our Privacy Policy that is available on the bottom of the Platform and is an integral part of these Terms.

13.2. Text Messaging & Phone Calls. You agree that TRUCKER GUIDE, LLC and its authorized representatives may send you text (SMS) messages and phone calls (including prerecorded or artificial voice messages and autodialed calls) to the phone number you provide. These messages and calls may contain operational information about your use of the Services as well as marketing information. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates, as specified by your carrier, may apply when you send or receive such calls or messages.

        13.2.1. If you wish to opt out of all calls and text messages from Trucker Guide, LLC, you may email support@truckerguide.app or text the word “STOP” to the number from which you are receiving the messages. However, you acknowledge that opting out of receiving all messages may impact your use of the Services. You may continue to receive calls and text messages for a brief period while we process your request, including messages confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition for any purchase or use of the Services.

         13.2.2. You represent and warrant that you have obtained all necessary consents for TRUCKER GUIDE, LLC to make informational and/or transactional phone calls to the phone numbers you provide.

13.3.  Push Notifications. By installing the Trucker Guide app on your mobile device, you agree to receive push notifications. These are messages that the app sends to your mobile device even when you are not actively using the app.

13.4.  Email. We may send you emails regarding our products and services, as well as those of third parties. You can opt out of receiving promotional emails by following the unsubscribe instructions provided within the email. 

14. Disclaimers and Limitations of Liability

14.1. For non-performance or improper performance of their obligations under these Terms, the Company and you shall be liable in accordance with these Terms and the Applicable Law, unless otherwise provided hereby.
14.2. The Platform, Our Content, and Services are provided without any guarantees, conditions, or warranties as to its accuracy, quality, and fit for a particular purpose or need. The Company does not guarantee that the Platform and Services are error-free, reliable, or will operate without interruption.
14.3. The Platform and the Services are provided to you on the “AS-IS” basis.
14.4. The Company shall not be liable for the use or inability to use the Platform and Services.
14.5. In no event shall the Company, its officers, directors, employees, agents, third-party service providers be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (I) the accuracy, completeness, or content of this Platform and the Content provided on the Platform (II) the accuracy, completeness, or content of any apps, websites or services linked (through hyperlinks, banner advertising or otherwise) to the Platform, (III) the Services found at the Platform or any websites linked (through hyperlinks, banner advertising or otherwise) to this Platform, (IV) personal injury or property damage of any nature whatsoever, (V) third-party conduct of any nature whatsoever, (VI) any unauthorized access to or use of Company’s servers and/or any and all content, personal information, other information and data stored therein, (VII) any interruption or cessation of Services to or from the Platform or any websites linked (through hyperlinks, banner advertising or otherwise) to this site, (VIII) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this Platform, (IX) any loss or damage of any kind incurred as a result of your use of the Platform or the Services found at the Platform, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the company is advised of the possibility of such damages, (X) losing access and/or unauthorized access to your Account, (XI) changes in regulatory approaches or legal actions taken regarding the mapping and navigation, (XII) errors in the provision of Services; (XIII) other risks associated with using the Platform and Services. TOTAL LIABILITY FOR ALL CLAIMS OF EVERY KIND AND NATURE WHATSOEVER UNDER THESE TERMS REGARDLESS OF THE MANNER IN WHICH THE CLAIMS ARE ASSERTED SHALL NOT EXCEED IN THE AGGREGATE THE TOTAL FEES YOU HAVE PAID DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE ASSERTION OF SUCH CLAIMS.
14.6. The Company shall not be liable for any events that may include but are not limited to civil, criminal, and administrative actions that may arise from you using the Platform and Services if such use is forbidden or otherwise limited in your state or country.
14.7. To the extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (I) your use of and access to the Platform, Services and the Content; (II) your violation of any term of these Terms; or, (III) your violation of the Applicable Law, including any law, rule, or regulation, or the rights of any third party.
14.8. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond your and the Company’s (“Parties”) control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfilment of its obligations hereunder, the term for fulfilment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system, or other similar circumstances that prevent the Parties from the proper fulfilment of their obligations hereunder.

15. No Warranty

15.1. You expressly acknowledge and agree that your use of the Trucker Guide platform, including your reliance on any announcements transmitted or received through the platform, is at your sole risk. To the maximum extent permitted by applicable law, the platform, including all services, materials, and content available through the platform, are provided on an "as is" and "as available" basis. Trucker Guide, on behalf of itself and its suppliers and licensors, disclaims all warranties and conditions, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, title, and non-infringement of third-party rights.

15.2. Trucker Guide does not warrant that the platform’s functionality, services, or performance will meet your requirements, that the platform’s operation will be uninterrupted or error-free, or that any defects will be corrected. Furthermore, Trucker Guide disclaims any warranties related to the accuracy of maps, content, road conditions, driving directions, or navigation routes presented or displayed on or by the platform.

16. Applicable Law and Dispute Resolution

16.1. These Terms are governed by the laws of the State of Georgia (“Applicable Law”).
16.2. You and the Company shall endeavor to resolve through negotiations all disagreements that may arise between you and the Company during the validity term hereof.
16.3. If the respective dispute resulting from these Terms could not be settled by the negotiations within 30 calendar days, then the dispute shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The parties should consider adding:

• The number or arbitrators shall be one or three;
• The place of arbitration shall be Atlanta, Fulton County, State of Georgia, United States of America.
• The language of the arbitration shall be English.

16.4. Further, to the fullest extent permitted by law, you and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in your or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding.

17. Final Provisions

17.1. These Terms shall remain in force until terminated by the Company. The Company may terminate these Terms at any time at its own discretion without explaining the reasons for this decision.
17.2. If any questions have not been regulated by these Terms, they shall be regulated under the Applicable Law.
17.3. In an event the Platform shall be available in multiple languages, the English version of the Terms shall prevail.
17.4. If you have any comments, questions, or complaints, please contact us at support@truckerguide.app