Terms and Conditions

TabTools TMS Terms of Use and Privacy Policy

Publish Date: November 5, 2023

Thank you for choosing TabTools TMS, the trucking management application provided to you by TabTools TMS (“TabTools TMS,” “us,” or “we”) through the TabTools TMS mobile application (the “Application”) and the TabTools TMS website, 'tabtools.org' (the “Site”), as well as all associated web-based platforms, networks, downloadable software, and services (collectively referred to as the “Platform”).

This Agreement encompasses the Terms of Service presented herein, TabTools TMS’s Privacy Policy (tabtools.org/privacy-policy), and any additional terms and conditions that may be applied to your access of the Platform.
If you do not agree with this Agreement, kindly refrain from accessing the Platform or utilizing any services provided through it.
Your continued access to the Platform and use of the services provided through it shall indicate your ongoing consent and agreement to any modifications and additions made by TabTools TMS to this Agreement from time to time. This Agreement constitutes a legally binding contract between you and TabTools TMS, governing your access to the Platform and use of the services provided through it. For a copy of this Agreement, please contact us at support@tabtools.org

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT.
IF YOU DISAGREE, PLEASE REFRAIN FROM ACCESSING THE PLATFORM OR USING ANY SERVICES PROVIDED THROUGH IT.

1. Material Terms
In alignment with the overarching language of this Agreement, you recognize and agree that this Agreement encompasses the following vital terms and conditions specific to the use of TabTools TMS:

1.1 License:
The Application is licensed to you and not sold.
You are permitted to access the Platform and utilize the services provided through the Platform solely in accordance with the terms outlined in this Agreement.

1.2 Privacy:
By agreeing to this Agreement, you consent to the collection, utilization, and storage of both your personally identifiable and non-personally identifiable information.
This process will be carried out in accordance with TabTools TMS's Privacy Policy, encompassing the collection of location information such as GPS coordinates.

1.3 Messaging:
Various electronic communication mechanisms may be employed for messaging within, to, or about the Platform.

1.4 No Warranties:
The Platform and services provided through the Platform are provided on an "as is" basis, without any warranties. TabTools TMS's liability to you is limited.

1.5 Cancellation:
TabTools TMS implements a 7-day no-questions-asked cancellation policy effective from the date of purchase.
Cancellations must be initiated via a live telephone conversation with TabTools TMS staff to be considered valid. Upon cancellation, you will lose continued access to the Platform.

(i) **Pre-Paid Annual Subscriptions:**
You may cancel your subscription at any time with a 15-day notice. No refunds will be provided for unused portions of your subscription.

(ii) **Month to Month Subscription:**
You may cancel your subscription with a 10-day notice, and a one-month fee will be assessed for all monthly subscriptions.

(iii) **Free Trial Subscriptions:**
To continue enjoying our services after the free trial period, we encourage you to seamlessly transition to our paid plan.
Kindly make the switch before the trial concludes to avoid any interruption in your service. Be assured, no hidden charges will be applied after the trial period ends.

1.6 Automatic Renewal:
Services will automatically renew on a recurring-fees basis for a period equal to the original subscription period, unless terminated by either party in writing at least thirty (10) days before the expiration of the then-current term. You will receive a notification three days prior to the automatic renewal, ensuring you have ample time to make any necessary adjustments.
Automatic charges will occur using the payment method on file.

1.7 iOS Devices:
If you use the Application on an iOS-based device, you acknowledge and agree to the "Notice Regarding Apple" as set forth below.

1.8 Use of Mobile Devices While Driving:
Drive vigilantly in accordance with road conditions and traffic laws of FMSCA. By using the mobile applications, you agree not to use the services while driving.
TabTools TMS disclaims any liability for fines, violations, and accidents resulting from users operating the application while driving.

1.9 Location Usage and Permissions:
For document processing, access to user storage is required for file submission. Broker updates necessitate access to the driver's location.
Managers and carrier owners can update brokers with driver location. For this function, drivers must enable background location.
The app does not request email access, encouraging users to utilize their default email app.
Generated text for emails is pasted, allowing users to decide whether to send emails or not, with the freedom to modify the text.
Users can deny all permissions and still use the application.
Email generation is contingent on the app's ability to check driver location and calculate estimated time of arrival (ETA) to delivery.

1.10 Data Handling Policies:
All user location information is promptly deleted and not stored for future analysis.
If a user deletes their account, all account-related data, including RC and load-related documents, is permanently deleted.

2. Eligibility

2.1 Eligibility:
To access TabTools TMS and its services, you must be at least eighteen (18) years of age.
By agreeing to this Agreement, you confirm and guarantee to TabTools TMS that: (i) you are at least eighteen (18) years of age; (ii) you have not been previously suspended or barred from accessing the application; and (iii) your registration and use of the application and its services comply with all applicable laws and regulations.
If you are accessing the application on behalf of an entity, organization, or company, you further confirm and warrant that you have the authority to legally bind such organization to this Agreement, and you agree on behalf of such organization to be bound by the terms herein.

3. YOUR RIGHTS TO USE THE SERVICES AND RESTRICTIONS

3.1 Ownership and Limited License:
The TabTools TMS app and its services are protected by copyright, trade secret, and other intellectual property laws. Your usage is strictly limited to the rights explicitly granted by TabTools TMS.
TabTools TMS retains all ownership rights not expressly provided in this Agreement.
Subject to your compliance with payment obligations and adherence to this Agreement, TabTools TMS grants you a personal, limited, non-exclusive, non-transferable right to use the app and services, valid only for the specified period and purposes outlined on the TabTools TMS platform.

3.2 Prohibited Activities:
You agree not to employ the app or its content in violation of any applicable law, regulation, or this Agreement.
Specifically, unless expressly authorized by TabTools TMS in writing, you agree not to:
(a) Use any automated tools to access, acquire, copy, or monitor the app and services without TabTools TMS's written consent;
(b) Navigate or search the app and services using unauthorized tools or mechanisms;
(c) Post or transmit files containing viruses, worms, Trojan horses, or any other harmful features;
(d) Attempt to decipher, decompile, disassemble, or reverse-engineer any software integral to the app and services;
(e) Reproduce, duplicate, copy, sell, trade, or resell the app and services;
(f) Access any TabTools TMS systems beyond the scope of these services;
(g) Overload TabTools TMS systems unreasonably.

Violating these terms may lead to the termination of this Agreement and your right to use TabTools TMS in the sole discretion of TabTools TMS.

3.3 Password Security:
Safeguarding your password(s) for accessing TabTools TMS is your responsibility. If you detect any unauthorized access, theft, or loss of your password, you agree to promptly notify TabTools TMS.

3.4 Automatic Updates:
The app may undergo periodic updates, including tools, improvements, third-party applications, or general enhancements. Acceptance of these updates is automatic as part of using TabTools TMS.

3.5 User Accountability:
While using TabTools TMS, you are accountable for your actions.
Specifically, refrain from using the app while driving or during activities that could divert your attention, potentially causing harm to yourself or others.

Note: TabTools TMS complies with overall U.S. privacy laws, considering the absence of approved author rights.

4. TRIAL PERIOD AND DATA RETENTION

4.1 Trial Period:
If you register for a trial use of the TabTools TMS app ("Trial Period"), you must decide to continue using the app beyond the Trial Period to retain any content (defined in Section 6)
that you have posted or uploaded during the Trial Period.
After the Trial Period ends, you will have a three-month grace period during which you can access and retrieve your submitted documents and other account information.

4.2 Data Retention After Trial Period:
If you choose not to continue using the app or subscribe after the three-month grace period, all data associated with your account will be permanently deleted, and your account will be deactivated.

Note: Users retain access to submitted documents and account information for three months from the end of the Trial Period.
After this period, data deletion and account deactivation occur if a subscription is not initiated.

4.3 Feedback Guidelines:
- Informativeness: To qualify for a promo code, feedback should be informative, offering valuable insights or bug reports that contribute to enhancing the TabTools TMS app.
- Feedback Content: Users are encouraged to provide details about their experience, suggestions for improvement, and specific issues encountered. Vague or generic feedback may not be eligible for a promo code.
- Submission Deadline: Feedback must be submitted within the Trial Period to be considered for a promo code. The TabTools TMS team will review the feedback and issue promo codes to eligible users.

4.4 Promo Codes and Bug Reports:
- Bug Report Eligibility:** Bug reports that contribute to significant improvements in the TabTools TMS app are eligible for promo codes. However, users should note that all bug reports are published on tabtools.org.
- Duplicate Bug Reports:** Users are encouraged to check the bug report section on tabtools.org before submitting to avoid duplication. Promo codes will not be issued for bugs that have already been reported.
- Bug Severity:** Bug reports should focus on major issues that significantly impact the application's functionality. Delays in functionality and minor translation errors are not considered major bugs for promo code eligibility.
By participating in this program, users acknowledge and agree to these terms regarding the trial period, data retention, and bug report guidelines. TabTools TMS values user contributions and aims to create an efficient and bug-free application.


5. Digital Millennium Copyright Act (DMCA) Compliance

5.1 DMCA Notification:
TabTools TMS respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512, as amended ("DMCA").
If you have an intellectual property rights-related complaint about material posted on TabTools TMS, you may contact our Designated Copyright Agent at the following address: TabTools TMS E-mail: support@tabtools.org

5.2 Notice of Infringement:
Any notice alleging that materials hosted by or distributed through TabTools TMS infringe intellectual property rights must include the following information:

(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right that allegedly has been infringed.
(ii) A description of the copyright-protected work or other intellectual property right that allegedly has been infringed.
(iii) A description of the material that you claim is infringing and where it is located on TabTools TMS.
(iv) The address, telephone number, and email address of the party alleging the infringement.
(v) A statement by the party alleging the infringement that such party has a good faith belief that the use of those materials on TabTools TMS is not authorized by the copyright owner, its agent, or the law.
(vi) A statement by the party alleging the infringement that the information contained in the notice is accurate and that, under penalty of perjury, such party is the copyright or intellectual property owner or is authorized to act on the copyright or intellectual property owner's behalf.

5.3 Repeat Infringers:
TabTools TMS may promptly terminate without notice the accounts of users that are determined to be “Repeat Infringers.” A repeat infringer is a user who has been notified of infringing activity or has had User Content removed from TabTools TMS on more than one occasion.
By using TabTools TMS, users agree to comply with these DMCA compliance terms, and TabTools remains committed to respecting intellectual property rights.

6. Consent to Use of Data

6.1 Utilization of Location Data:

By using TabTools TMS, you acknowledge and agree to the collection and utilization of Location Data, technical information, and related data (e.g., UDID).
This periodic data gathering serves purposes such as software updates, product support, and service provision within the TabTools TMS platform.
Additionally, this information is employed to monitor and analyze your platform activity for statistical purposes.
It's important to note that if you are located outside the United States, you expressly permit the transfer and processing of your data beyond your home jurisdiction.
For comprehensive details on data collection, usage, and disclosure, please consult TabTools TMS’s Privacy Policy.

Note: As TabTools TMS operates exclusively within the United States, certain functions, such as the Update Broker feature, may encounter limitations when used outside this region.*

7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

7.1 Use of TabTools TMS:
Your utilization of TabTools TMS, its software, and content is entirely at your discretion and risk. Unless explicitly described in this agreement, TabTools TMS and its affiliates, as well as third-party service or data providers, licensors, distributors, or suppliers (collectively referred to as "Suppliers"), provide the services "as is."
To the maximum extent permitted by applicable law, they disclaim all warranties, whether express or implied, including fitness for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality, or content in or linked to the services.
TabTools TMS, its affiliates, and suppliers do not warrant that the services are secure, free from bugs, viruses, interruption, errors, theft, or destruction.
If the exclusions for implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of purchase or delivery of the services, whichever is sooner.

7.2 Compliance with Legal Obligations:
TabTools TMS and its affiliates and suppliers disclaim any representations or warranties that your use of the services will satisfy or ensure compliance with any legal obligations or laws or regulations. This disclaimer applies to, but is not limited to, acts such as the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the Gramm-Leach-Bliley Act of 1999, the Sarbanes-Oxley Act of 2002, or other federal or state statutes or regulations. You are solely responsible for ensuring that your use of the services is in accordance with applicable law.

8. NOTICE REGARDING APPLE
When utilizing our mobile applications on an iOS device, you acknowledge and agree that this Agreement is exclusively between you and TabTools TMS, and not with Apple.
Apple bears no responsibility for TabTools TMS, its content, or any related services. Apple is not obliged to provide maintenance or support services for the application.
In the event of any failure of the application to meet applicable warranties, you may notify Apple, and Apple may refund the purchase price for the mobile application to the extent permitted by applicable law; however, Apple assumes no further warranty obligation for the application. Apple is not accountable for addressing any claims by you or third parties concerning the application, including product liability claims, failure to conform to legal or regulatory requirements, or claims under consumer protection legislation.

Apple is not responsible for investigating, defending, settling, or discharging any third-party claims regarding the application's infringement of intellectual property rights.
Your use of the Platform must comply with any applicable third-party terms. Apple and its subsidiaries are considered third-party beneficiaries of this Section 30, solely regarding your relationship with Apple. Upon accepting these provisions, Apple has the right to enforce these provisions against you as a third-party beneficiary.
By agreeing to these terms, you represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties.