Terms of Service

Last Updated: February 1st 2025

Welcome to AI ELD!

By accessing or using our products and services, you agree to the following Terms of Service. Please review them carefully before using our applications or hardware.

Acceptance of Terms

By accessing or using AI ELD's products/services, you agree to these Terms, our Privacy Policy, and any Order Form. These Terms supersede prior agreements.

Definitions

For the purposes of these Terms, the following definitions apply:

We/Provider: Refers to AI ELD, the provider of applications, hardware, and services.
You/Customer: Refers to the individual or entity accessing our products and services.
Application(s): Web and mobile applications provided by AI ELD to manage fleet data, interface with hardware, and assist with compliance.
Hardware: AI ELD-provided devices, such as Electronic Logging Devices (ELDs).
Product(s): Refers collectively to the Application(s) and Hardware provided by AI ELD.
Personal Information: Information that relates to an identifiable person, as defined by applicable privacy laws.

Use of Product

You agree to the following conditions for using our products:

Sign the Order Form.
Accept these Terms within our mobile app.
Download, install, and access our applications or hardware according to these Terms.

You are prohibited from:

Reverse-engineering, decompiling, or attempting to discover the source code of our Application(s).
Selling, leasing, sublicensing, or otherwise commercially exploiting our products.
Introducing malware or harmful software into our system.
Using automated methods (e.g., bots, spiders) to extract data from our Application(s).
Violating any laws or engaging in competitive behavior using the Application(s).

SMS Communications

By opting into SMS communications with AI-ELD, you consent to receive text messages related to:

1. Message Frequency:

The number of messages you receive may vary depending on your interactions with AI ELD. Typically, you can expect up to 20 messages per month.

2. Opt-Out Instructions:

You may unsubscribe from SMS communications at any time by replying STOP to any message.

3. HELP Instructions:

For assistance, reply HELP to any message or contact us at support@ai-eld.com.
After opting out, you will receive a confirmation text, and no further messages will be sent unless you re-subscribe.

4. Associated Fees:

Standard message and data rates may apply as determined by your mobile carrier. AI-ELD does not charge additional fees for sending SMS messages.

5. Supported Carriers:

SMS messaging is available on most major carriers, including [list major carriers, e.g., AT&T, Verizon, T-Mobile].

6. Changes to SMS Terms:

AI ELD reserves the right to modify these SMS terms at any time. Changes will be effective immediately upon posting on our website.

Subscription and Fees

Subscription Fees: Subscription fees will be billed monthly in advance, as agreed upon in the Order Form. Any changes in fees will be notified at least 30 days in advance.
Hardware Fees: You may purchase or rent hardware as detailed in your Order Form. Hardware costs, including shipping, are your responsibility.
Late Payments: Payments are due as indicated in the Order Form or invoice. Late payments may incur a 1% monthly interest fee or the maximum allowed by law. Collection costs, including legal fees, may also apply.
Taxes: You are responsible for paying applicable taxes, including sales and value-added taxes related to your use of the products.

Hardware Terms

Use of Hardware: You agree to use AI ELD hardware as intended and in compliance with applicable laws. All costs related to installation and maintenance are your responsibility.
Warranties: We provide a one-year warranty for purchased hardware or coverage during the rental period for leased devices. If hardware is defective, we will repair or replace it at our discretion.
Returns: Hardware returns must be made within 30 days, and a restocking fee of 30% may apply. Any damage to returned hardware will be charged to your account.
Taxes: You are responsible for paying applicable taxes, including sales and value-added taxes related to your use of the products.

Ownership and Intellectual Property

AI ELD retains all intellectual property rights to the Application(s), hardware, and associated materials. You are granted a non-exclusive, non-transferable right to use our products for internal operations.
We may use anonymized and aggregated data from your use of the products to improve our services. Personal data will be handled in accordance with our Privacy Policy.

Confidential Information

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared in relation to these Terms. This obligation will remain for seven years after termination or for as long as the information remains confidential.

Limitation of Liability and Indemnity

Limitation of Liability: AI ELD is not liable for indirect or consequential damages, including lost profits or data. Our total liability is limited to the amount you’ve paid in the past six months.
Indemnification: You agree to indemnify AI ELD for any claims or damages resulting from misuse of our products. We will indemnify you for third-party intellectual property claims related to our products.

Term and Termination

Term: These Terms take effect when you begin using our products and will automatically renew annually unless terminated by either party.
Termination: Either party may terminate the agreement with 30 days’ written notice. AI ELD reserves the right to terminate immediately in the event of a breach or failure to pay.
Post-Termination: Upon termination, you must cease using the products, return rented hardware, and settle any outstanding fees.

Dispute Resolution

Mediation and Arbitration: Both parties agree to first attempt resolution through mediation. If mediation fails, disputes will be settled through binding arbitration in Illinois, following the rules of the American Arbitration Association.
Jurisdiction: If arbitration does not apply, disputes will be settled in the courts of Lake County, Illinois, or the Federal District Court for the Northern District of Illinois.

General Terms

Force Majeure: AI ELD is not liable for delays caused by factors outside of our control (e.g., natural disasters, war, pandemics).
Notices: All notices must be sent via email, mail, or courier and are considered received five business days after sending.
Assignment: You may not transfer your rights or obligations without our consent. AI ELD may assign its rights to a third party.
Severability: If any provision is deemed invalid or unenforceable, the remaining provisions remain in effect.
Entire Agreement: These Terms, along with the Order Form and Privacy Policy, constitute the entire agreement between AI ELD and the Customer.

Acknowledgement

By using AI ELD products, you confirm that you have read, understood, and agree to these Terms of Service. We encourage you to review the Terms regularly, as they may be updated over time.