Terms of Service

1. The Service

Roadworthy HQ is a software workspace that helps United States motor carriers organize records that the Federal Motor Carrier Safety Regulations require them to maintain. The Service includes driver qualification file (DQF) tracking, drug-and-alcohol program record-keeping, vehicle maintenance and inspection logs, hours-of-service supporting-document storage, deadline alerting, and audit-binder export.

The Service is a record-keeping aid. It is not a substitute for the carrier's own compliance program, for the judgment of qualified safety personnel, for a Consortium / Third-Party Administrator (C/TPA), or for legal counsel. The carrier remains solely responsible for compliance with the Federal Motor Carrier Safety Regulations and all other applicable law.

2. Accounts and Customer Users

To use the Service, you must create an account and identify the natural persons authorized to use the Service on your behalf (each, a "Customer User"). You are responsible for the acts and omissions of every Customer User, for the accuracy of the information they enter, and for the security of their credentials. You must promptly disable access for any Customer User who no longer requires it.

You must provide accurate and current information at signup, including a valid email address, your United States Department of Transportation (USDOT) number if you are a registered motor carrier, and the legal name of the entity holding the account. You agree to keep this information current.

3. Customer Responsibility

You acknowledge and agree that compliance with the Federal Motor Carrier Safety Regulations and all other laws governing your operations is your sole responsibility as the motor carrier. The Service organizes records and surfaces deadlines; it does not file regulatory submissions on your behalf, does not certify any driver, vehicle, or program as compliant, and does not guarantee any audit outcome.

You are responsible for the accuracy and completeness of every record you enter into the Service, for acting on every alert the Service surfaces, and for confirming the Service's outputs against the Code of Federal Regulations and the source documents in your possession before relying on them in any FMCSA proceeding, in any litigation, or in any insurance matter.

You are responsible for verifying the operating status of any third-party device, vendor, or system referenced by the Service — including but not limited to electronic logging devices on the FMCSA registered-devices list, C/TPAs, drug-testing collectors, medical examiners on the National Registry, and Motor Vehicle Record vendors. Listing or referencing a third party in the Service is informational and does not constitute an endorsement, recommendation, or warranty.

4. Acceptable Use

You will not (a) reverse engineer, decompile, or attempt to derive the source code of the Service except to the extent applicable law expressly permits; (b) use the Service to infringe any third party's rights or to violate any law; (c) interfere with or disrupt the Service, including by transmitting malware, conducting denial-of-service attempts, or scraping at a rate likely to degrade Service performance; (d) use the Service to provide compliance-as-a-service to third parties not party to a Roadworthy HQ subscription; (e) submit to the Service any data you do not have the right to submit; or (f) use the Service to make safety-sensitive personnel decisions without independent human review.

5. Fees, Trial, and Billing

The Service is offered on a subscription basis at the prices published at roadworthyhq.com/pricing or as otherwise agreed in an order form. New accounts may begin with a fourteen (14) day free trial that does not require a credit card; if you do not enter payment information by the end of the trial, your account transitions to a read-only state in which you may view and export your records but may not add or modify records.

Subscriptions automatically renew at the end of each billing period unless you cancel before renewal. Fees are non-refundable except where required by law or expressly stated in these Terms. Roadworthy HQ uses Stripe, Inc. as its payment processor and Stripe Tax for sales-tax determination and remittance; by paying for the Service, you agree to Stripe's terms of service and applicable tax-collection practices.

Roadworthy HQ may change Service pricing on at least thirty (30) days' notice; changes take effect at the start of your next billing period. Continued use after a price change is acceptance of the new price.

6. Read-Only Access After Cancellation

If your subscription lapses, is cancelled, or is suspended for non-payment, your account transitions to a read-only state for at least thirty (30) days during which you may view, download, and export your records. After the read-only window, Roadworthy HQ may delete your account data subject to Section 9 (Data Retention) and Section 10 (Legal Hold).

Read-only access exists in part because 49 CFR §382.401 obligates motor carriers to retain certain records regardless of any subscription status with a vendor. Roadworthy HQ honors that obligation by preserving access to your records for the read-only window.

7. Customer Data and Confidentiality

As between you and Roadworthy HQ, you own all data, content, and records you submit to the Service ("Customer Data"). You grant Roadworthy HQ a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Data solely as necessary to provide the Service and to operate, secure, and improve the Service.

Roadworthy HQ will not sell Customer Data, will not use Customer Data to train artificial-intelligence models that serve other customers without your prior written consent, and will share Customer Data with third parties only as described in the Privacy Policy and the Data Processing Addendum. Drug-and-alcohol test results subject to 49 CFR Part 40 are released only on the specific written authorizations contemplated by §40.321 and §40.331.

Each party will protect the other's confidential information using at least the degree of care it uses to protect its own confidential information of similar sensitivity, and will use it only as necessary to perform under these Terms.

8. Security

Roadworthy HQ maintains administrative, physical, and technical safeguards designed to protect the security and integrity of Customer Data. These include encryption of Customer Data in transit (TLS) and at rest, multi-tenant database isolation enforced by row-level security, restricted access to production systems on a need-to-know basis, and logging of administrative actions.

No security program is impenetrable. You agree to use the Service in a manner consistent with these safeguards, including by maintaining the confidentiality of credentials and notifying Roadworthy HQ promptly at security@roadworthyhq.com if you suspect unauthorized access to your account.

9. Data Retention

Roadworthy HQ enforces minimum retention periods for records that the Federal Motor Carrier Safety Regulations require carriers to keep, including (without limitation): three months for driver vehicle inspection reports under §396.11; six months for records of duty status and supporting documents under §395.8(k)(1) and §395.11; twelve months for negative drug tests and alcohol tests below 0.02 under §382.401(b)(3); fourteen months for annual / periodic vehicle inspection reports under §396.21(b)(1); two years for drug-and-alcohol collection-process records under §382.401(b)(2); three years for accident-register entries under §390.15(b), Driver Investigation History Files under §391.53, and annual MVR / annual review / medical-cert items under §391.51(d); five years for positive drug tests, refusals, return-to-duty tests, follow-up tests, MIS reports, and program-administration records under §382.401(b)(1); the period of employment plus three years for full driver-qualification files under §391.51(c); and while-active plus two years for supervisor / BAT / STT / driver-training records under §382.401(b)(4).

These periods are minimums. Roadworthy HQ purges records on or shortly after the minimum period elapses unless a Legal Hold (Section 10) is active. You acknowledge that purging records lawfully at the minimum retention period is not a breach of these Terms or of any duty Roadworthy HQ owes you.

10. Legal Hold

If you become aware of an active or reasonably anticipated audit, investigation, litigation, insurance claim, or regulatory proceeding for which your records may be material, you may flag affected records for Legal Hold within the Service. Records under Legal Hold will not be purged until the Legal Hold is released. You are solely responsible for identifying records subject to Legal Hold and for releasing the hold when no longer required.

11. AS IS / AS AVAILABLE — Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ROADWORTHY HQ DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Roadworthy HQ does not warrant that the Service will be uninterrupted, error-free, or secure; that defects will be corrected; that any specific outcome (including a passing audit, a satisfactory safety rating, or avoidance of any FMCSA enforcement action) will be achieved; or that the Service will produce results consistent with any third-party system, including FMCSA systems such as the New Entrant Web System (NEWS), the Drug and Alcohol Clearinghouse, the Medical Examiner Online User System (MOTUS), the Safety and Fitness Electronic Records (SAFER), and Login.gov.

12. Not Legal Advice

Roadworthy HQ aims to provide accurate and informative content for educational purposes only and does not constitute legal advice. The reader retains full responsibility for the use of the information contained herein. Citations to the Code of Federal Regulations are provided as locator references; the eCFR at ecfr.gov is the authoritative source. For application of the FMCSRs to your specific situation, consult qualified counsel and the FMCSA.

13. Service is Not a Consumer Reporting Agency

Roadworthy HQ is not a Consumer Reporting Agency ("CRA") as defined in the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. ("FCRA"). Roadworthy HQ does not assemble or evaluate consumer information for the purpose of furnishing consumer reports to third parties. Any Motor Vehicle Record, Pre-Employment Screening Program report, or background-check data that appears in the Service is obtained by you, or by a third-party CRA you engage, and stored within the Service for your record-keeping convenience. You — not Roadworthy HQ — are the user of any such consumer report under the FCRA, and you are responsible for FCRA compliance, including pre-adverse-action and adverse-action notices, dispute handling, and accuracy procedures.

14. Driver's Privacy Protection Act Pass-Through

If you cause Roadworthy HQ, or any third-party Motor Vehicle Record vendor, to obtain a Motor Vehicle Record on a driver, you represent and warrant that you have a permissible use under the federal Driver's Privacy Protection Act, 18 U.S.C. § 2721, and any analogous state statute. Permissible uses on which carriers typically rely include (i) verification of personal information provided by the individual to the carrier in connection with employment under § 2721(b)(3); (ii) use by employers in connection with the federally mandated qualifications of commercial drivers under § 2721(b)(9); and (iii) use in connection with motor-vehicle safety where required by the FMCSRs.

You will record the permissible purpose for each driver in the Service before any MVR is ordered, and you authorize Roadworthy HQ to pass that declaration through to the MVR vendor and the state Department of Motor Vehicles of record. You are solely responsible for the truth of every permissible-purpose declaration. Statutory damages under DPPA are at least $2,500 per violation; your indemnification obligations under Section 17 expressly include DPPA claims arising from a false or unsupported declaration.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS, OR DATA, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, AND ALL TRANSACTIONS BETWEEN THE PARTIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES YOU PAID OR OWED TO ROADWORTHY HQ DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE LIABILITY.

These limitations apply notwithstanding the failure of any limited remedy of its essential purpose. The parties agree these limitations are an essential basis of the bargain, that Roadworthy HQ would not provide the Service without them, and that the published price reflects them.

16. Force Majeure

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by an event beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, labor unrest, governmental action, public-health emergency, fire, flood, earthquake, internet or telecommunication failure, third-party hosting or cloud-provider outage, denial-of-service attack, and outage or material change in any FMCSA system on which the Service depends — including without limitation the FMCSA Portal, Login.gov, the Drug and Alcohol Clearinghouse, the Medical Examiner Online User System (MOTUS), the New Entrant Web System (NEWS), Safety and Fitness Electronic Records (SAFER), and the FMCSA registered-ELD-devices list.

17. Indemnification

You will defend, indemnify, and hold harmless Roadworthy HQ, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claim, demand, suit, or proceeding, and any related liabilities, damages, costs, and expenses (including reasonable attorneys' fees), arising out of or relating to (a) Customer Data; (b) your use of the Service in violation of these Terms or applicable law; (c) any false, misleading, or unsupported declaration you make through the Service, including without limitation a DPPA permissible-purpose declaration, an FCRA-related certification, an HOS log entry, a drug-and-alcohol test record, or a roadside-inspection record; (d) your failure to act on an alert the Service surfaced; or (e) any actual or alleged FMCSA, state, or local enforcement action against you.

18. Mandatory Arbitration; Class-Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator, in English, in Salt Lake County, Utah, with hearings conducted in person, telephonically, or by videoconference at the arbitrator's discretion. Judgment on the award may be entered in any court of competent jurisdiction.

EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims of multiple parties or preside over any form of class proceeding. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction in Salt Lake County, Utah for any actual or threatened infringement or misappropriation of intellectual property or breach of confidentiality obligations.

If any portion of this Section 18 is found unenforceable, the remainder will be enforced to the maximum extent permitted by law; if the class-action waiver is found unenforceable as to a particular claim, that claim alone will be severed and proceed in court, and all other claims will continue in arbitration.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws principles. Subject to Section 18 (Mandatory Arbitration), the exclusive venue for any matter that may be brought in court is the state and federal courts located in Salt Lake County, Utah. Each party consents to personal jurisdiction in those courts.

20. Term, Suspension, and Termination

These Terms remain in effect while you have an account or an active subscription with Roadworthy HQ. Either party may terminate for material breach if the breach is not cured within thirty (30) days after written notice. Roadworthy HQ may suspend the Service immediately if your use poses a security or operational risk, if you fail to pay an undisputed invoice, or as required by law. On termination, your right to use the Service ends; Sections 3, 7, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, and 21 survive.

21. Changes to These Terms

Roadworthy HQ may revise these Terms from time to time. We will give notice of material changes by email and by posting the revised version at roadworthyhq.com/legal/terms. Material changes take effect on the date stated in the notice, which will be at least thirty (30) days after notice except for changes required by law or to address a security or fraud issue, which may take effect sooner. If you do not agree to the revised Terms, you must stop using the Service before the effective date; continued use after the effective date is acceptance.

22. Miscellaneous

These Terms, together with the Privacy Policy and the Data Processing Addendum, are the entire agreement between the parties on this subject and supersede prior or contemporaneous communications. If any provision is held unenforceable, the remaining provisions remain in effect. Failure to enforce any provision is not a waiver. You may not assign these Terms without Roadworthy HQ's prior written consent; Roadworthy HQ may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets. Notices to Roadworthy HQ must be sent to legal@roadworthyhq.com.