Terms of Service

These Terms of Service ("Terms") govern your access to and use of the SafeHaul TMS² platform, website, and related services (collectively, the "Services"). These Terms are a legally binding contract between Safe Haul Claims and Safety Management LLC, a Wyoming limited liability company ("Company," "we," "us," or "our"), doing business as SafeHaul TMS², and the entity or individual subscribing to the Services ("Subscriber," "you," or "your").

BY CREATING AN ACCOUNT, ACCESSING THE PLATFORM, CLICKING "I AGREE," OR USING THE SERVICES IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

1. Eligibility and Account

1.1 Eligibility

You must be at least eighteen (18) years of age and have the legal authority to bind your company to these Terms. By creating an account, you represent and warrant that:

• You are an authorized representative of the company (motor carrier) named in the account;
• The information provided during registration is accurate, complete, and current;
• Your company holds a valid motor carrier authority (MC number) issued by FMCSA, or is in the process of obtaining one;
• You are not prohibited from receiving services under any applicable U.S. law.

1.2 Account Creation

• Accounts are created by invitation from an existing account administrator or by Company during onboarding.
• Each Authorized User must have a unique email address and password. Account sharing is prohibited.

1.3 Account Security

• You are responsible for maintaining the security of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must notify Company immediately of any unauthorized access, password compromise, or security breach.
• Company is not liable for any loss or damage arising from unauthorized access to your account.

1.4 User Roles and Permissions

• The Platform includes role-based access control with predefined roles (Administrator, Dispatcher, Safety Manager, Billing, Read-Only).
• Subscriber's administrator is responsible for assigning appropriate roles to Authorized Users.
• Company is not responsible for unauthorized actions taken by Authorized Users who were granted excessive permissions.

2. Description of Services

SafeHaul TMS² is a cloud-based trucking management system that provides the following modules and features:

• Smart Dispatch — 8-stage load lifecycle management with API-level compliance blocking;
• DOT Compliance Engine — 14+ DOT/FMCSA compliance items tracked and enforced at the API level;
• Driver DQF Management — Driver qualification file management including CDL, MVR, drug tests, medical cards, clearinghouse queries, road tests, and employment history;
• Equipment Tracking — Trucks, trailers, insurance, DOT inspections, registrations, and status management;
• Accounting & Billing — Invoicing, accounts receivable, accounts payable, and QuickBooks two-way sync;
• Samsara Camera Media Integration — Dashcam footage retrieval and safety event viewing;
• Safety Dashboard — FMCSA SMS data, BASIC percentiles, and driver safety scoring;
• Claims Management — Accident and claim tracking with FMCSA post-accident testing compliance (49 CFR 382.303);
• Insurance Portfolio — Policy management, certificates of insurance, loss runs, and renewal tracking;
• Fuel & IFTA Reporting — Fuel purchase tracking, state mileage, and quarterly IFTA tax reporting;
• Smart Alerts — Email, SMS, and Telegram notifications for compliance expirations and operational thresholds;
• Reports & Analytics — Revenue, profit margins, broker rankings, compliance scores, and claims analytics;
• HR/Employee Management — Employee records, roles, and organizational management;
• Payroll Integration — Driver pay calculation and payroll export;
• Factoring SFTP Automation — Automated invoice submission to factoring companies via SFTP;
• Roles & Permissions — Granular access control with role-based permissions.

The specific modules available to Subscriber depend on the Subscription Plan selected. Company may add, modify, or discontinue features and modules at any time with reasonable notice before discontinuing a material feature. Beta features may be unstable and are provided without warranty.

3. Acceptable Use Policy

You may use the Services only for your internal business operations as a motor carrier or transportation company. You agree NOT to:

• Use the Services for any illegal purpose or in violation of any applicable law, including DOT/FMCSA regulations;
• Attempt to access, view, retrieve, or modify data belonging to another Subscriber or tenant;
• Attempt to bypass, circumvent, or disable any compliance blocking feature, security measure, or access control;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform;
• Resell, sublicense, lease, or otherwise provide third parties with access to the Services;
• Upload, transmit, or store any content that is illegal, fraudulent, defamatory, or infringes on the rights of any third party;
• Upload, transmit, or store any malware, viruses, or other malicious code;
• Use any automated tool (bot, scraper, crawler) to access the Services except through the officially provided API;
• Interfere with or disrupt the Services, servers, or networks;
• Falsify or misrepresent compliance data entered into the Platform;
• Attempt to override or work around the API-level compliance blocking feature;
• Share your account credentials with any other person;
• Use the Services after your subscription has been terminated or suspended.

Company reserves the right to suspend or terminate access for violations, remove violating content, report violations to law enforcement, and take any other action deemed appropriate to protect the Services, other Subscribers, or Company.

4. Subscriber Data and Content

You are solely responsible for:

• The accuracy, completeness, and lawfulness of all data you enter into the Platform;
• Obtaining all necessary consents and authorizations from individuals (drivers, employees, contractors) whose personal information is entered into the Platform;
• Ensuring that your use of the Platform complies with all applicable privacy laws, including the California Consumer Privacy Act (CCPA), the Texas Data Privacy and Security Act (TDPSA), and other applicable state and federal privacy laws;
• Maintaining copies of all data entered into the Platform. The Platform is not a substitute for your own record-keeping obligations under DOT/FMCSA regulations.

Data Accuracy for Compliance. The Platform's compliance features (including compliance blocking, alerts, and reports) depend on the accuracy and timeliness of the data you enter. If you enter incorrect, incomplete, or outdated information, the compliance features may not function as intended. Company is not responsible for compliance failures resulting from inaccurate or incomplete Subscriber Data.

Data Retention Obligations. You are responsible for understanding and complying with all DOT/FMCSA data retention requirements, including but not limited to:

• Driver qualification files — 3 years after termination of employment (49 CFR 391.51);
• Drug and alcohol testing records — 5 years for positive results, 1 year for negative results (49 CFR 382.401);
• Accident registers — 3 years (49 CFR 390.15);
• Vehicle inspection and maintenance records — 1 year (49 CFR 396.3);
• Hours of service records — 6 months (49 CFR 395.8).

Data Export. You may export your data at any time through the Platform's export functionality. Company will provide data in a standard, machine-readable format (CSV, JSON) within five (5) business days of a written request.

Data Deletion. You may request deletion of specific data through the Platform or by contacting support. Company will process deletion requests within five (5) business days, subject to regulatory retention requirements that may require certain records to be maintained.

5. Fees, Billing, and Payment

Subscription Fees. You agree to pay all fees associated with your Subscription Plan as described on the pricing page at https://safehaultms.com/#pricing and as confirmed during the subscription process.

Billing Cycle. Fees are billed monthly in advance. Your billing cycle begins on the date your account is activated and renews on the same date each month.

Payment Methods. Company accepts payment by credit card (Visa, Mastercard, American Express, Discover), ACH bank transfer, and other methods as specified in the billing portal. You authorize Company to charge your selected payment method for all fees due under your subscription.

Late Payment. If payment is not received within five (5) business days of the due date: Company may suspend your access to the Services; a late fee of 1.5% per month (18% annual) may be applied to outstanding balances; Company may pursue collection of unpaid fees, including reasonable collection costs and attorneys' fees.

Price Changes. Company may change fees upon thirty (30) days' notice. Existing Subscribers are grandfathered at current pricing for ninety (90) days before new pricing applies.

Taxes. Fees do not include applicable taxes. You are responsible for all sales, use, excise, and other taxes associated with your subscription, except for taxes based on Company's net income.

No Refunds. All fees are non-refundable. If you cancel, cancellation takes effect at the end of the current billing period. No prorated refunds are issued for partial billing periods.

Chargebacks. If you initiate a chargeback that Company determines to be invalid, Company may suspend your account, charge a chargeback processing fee of $50 per incident, and require payment by ACH for future billing periods.

6. Compliance Disclaimer

No Legal Advice. The Platform is a software tool, not a legal service. Company does not provide legal advice, compliance certifications, or regulatory opinions. The compliance features of the Platform are designed to assist you in managing your compliance obligations but do not guarantee compliance with any specific regulation.

No Guarantee of Compliance. Use of the Platform does not guarantee that you will pass a DOT compliance audit, receive zero DOT violations, improve your CSA/SMS scores, decrease your insurance premiums, or avoid accidents, claims, or lawsuits.

Compliance Blocking. The Platform's compliance blocking feature prevents dispatch when certain compliance items are expired or missing. This feature covers a subset of DOT/FMCSA compliance requirements, not all of them; depends on accurate and timely data entry by Subscriber; is a tool to reduce risk, not a guarantee of compliance; and does not replace the need for a qualified compliance manager or DOT consultant.

Regulatory Knowledge Required. You are responsible for understanding the DOT/FMCSA regulations that apply to your operations. The Platform provides citations to specific regulations for informational purposes, but these citations are not a substitute for reading and understanding the actual regulations.

FMCSA Post-Accident Testing. The Platform's post-accident testing feature (49 CFR 382.303) provides reminders and documentation tracking. The determination of whether testing is required in a specific situation depends on the facts of each accident and should be made by a qualified compliance manager or legal counsel.

7. Third-Party Services and Integrations

The Platform integrates with third-party services including but not limited to QuickBooks (Intuit), Samsara, DAT, Truckstop, fuel card providers, and factoring companies. Each third-party service is governed by its own terms of service, privacy policy, and pricing. You are responsible for reviewing and agreeing to the third-party's terms before authorizing an integration, paying any fees charged by the third-party service, and maintaining your account in good standing with the third-party service.

Company does not warrant the availability, accuracy, or functionality of any third-party service. When you authorize a third-party integration, you consent to the sharing of your data with that third party as necessary for the integration. The third party's use of your data is governed by their privacy policy, not Company's.

8. Intellectual Property

The Platform, including all software, design, features, functionality, documentation, branding, and logos, is the exclusive property of Company and is protected by U.S. and international intellectual property laws. These Terms do not grant you any ownership interest in the Platform. You retain all ownership rights in your Subscriber Data. "SafeHaul," "SafeHaul TMS²," and related marks are trademarks of Company.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." Company disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, that the services will be error-free, uninterrupted, or secure, that the services will prevent all DOT violations or compliance issues, that the services will meet your specific requirements, and that any data stored in the platform will remain available or accurate.

COMPANY DOES NOT WARRANT that the compliance features of the Platform are complete, accurate, or sufficient to ensure compliance with all applicable DOT/FMCSA regulations. The compliance features are tools to assist you, not guarantees of compliance. Company does not warrant the accuracy, timeliness, or completeness of data provided by third-party integrations.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR: indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, business, or data; DOT violations, fines, penalties, or compliance issues; damages from inaccurate or incomplete data entered into the Platform; damages from the failure of third-party integrations; damages from Subscriber's failure to properly configure or use the Platform; or damages from Subscriber's violation of these Terms.

Liability Cap. Company's total liability shall not exceed the fees paid by Subscriber in the three (3) months preceding the claim. These limitations are an essential basis of the bargain between the parties and apply even if any remedy fails its essential purpose.

11. Indemnification

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, and affiliates from any claims, damages, liabilities, costs, and expenses (including attorneys' fees) arising from: your use or misuse of the Services; your violation of these Terms; your violation of any applicable law, including DOT/FMCSA regulations; the accuracy or lawfulness of your Subscriber Data; any DOT violation, fine, or penalty arising from your operations; or any claim that your data infringes the rights of a third party.

12. Term and Termination

Term. These Terms begin when you create an account or first access the Services and continue until terminated.

Cancellation. You may cancel your subscription at any time through the account settings or by contacting support. Cancellation takes effect at the end of the current billing period.

Termination by Company. Company may suspend or terminate your access immediately if you fail to pay fees when due, violate these Terms, use the Services in a manner that creates a security risk or violates applicable law, your motor carrier authority is revoked or suspended, or you become insolvent or cease business operations.

Effect of Termination. Your access to the Services will be deactivated; your data will be retained for ninety (90) days for reactivation or export; after ninety (90) days, your data will be permanently deleted, except for DOT compliance records retained per FMCSA requirements; you may request a data export during the ninety (90) day retention period; all licenses and access rights cease immediately.

13. Privacy

Company's privacy practices are described in the Privacy Policy, which is incorporated into these Terms by reference. You are responsible for obtaining all necessary consents from individuals (drivers, employees, contractors) whose personal information you enter into the Platform. Company processes personal information as a service provider on your behalf. Company complies with applicable U.S. state privacy laws.

14. Modifications to Terms

Company may modify these Terms from time to time. Company will notify you of material changes by email and by posting the updated Terms in the Platform at least thirty (30) days before the effective date. Your continued use of the Services after the effective date of any changes constitutes acceptance of the modified Terms.

15. Miscellaneous

• Governing Law. These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles. Disputes shall be resolved in the courts of Dallas County, Texas.
• Dispute Resolution. Before litigation, the parties agree to attempt to resolve disputes through good-faith negotiation and, if necessary, non-binding mediation in Dallas, Texas.
• Class Action Waiver. Any dispute must be brought in the parties' individual capacity. Class actions and consolidated claims are prohibited.
• Assignment. You may not assign these Terms without Company's prior written consent. Company may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between the parties regarding the Services.
• Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
• Waiver. No waiver of any provision is effective unless in writing. No failure to exercise a right constitutes a waiver.
• Force Majeure. Neither party is liable for delays or failures due to causes beyond its reasonable control.
• Independent Contractors. The parties are independent contractors. No agency, partnership, or employment relationship is created.
• Survival. Sections regarding data, intellectual property, disclaimers, limitation of liability, indemnification, and miscellaneous survive termination.
• Electronic Acceptance. By clicking "I Agree," creating an account, or using the Services, you acknowledge electronic acceptance of these Terms, which is equivalent to a handwritten signature.
• Export Compliance. You agree not to use the Services in violation of U.S. export control laws.

These Terms were last updated September 2026.