Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of eWall TMS (the “Service”), operated by [Company Legal Name](“we”, “us”). By creating an account, accessing, or using the Service, you agree to these Terms. If you are agreeing on behalf of a company (a “Carrier”), you represent that you are authorized to bind that company.

1. The Service

eWall TMS is a transportation management platform that lets a Carrier manage drivers, trucks, trailers, loads, dispatching, maintenance, compliance documents, invoicing, and related operations. Features may change over time.

2. Accounts and eligibility

• You must provide accurate account information and keep it up to date. Each user is responsible for activity under their credentials.
• You are responsible for safeguarding your password and, where enabled, your two-factor authentication device and recovery codes. Notify us promptly of any unauthorized use.
• A Carrier account owner is responsible for the users, drivers, and roles they invite or create, and for ensuring each has the authority to access the data made available to them.

3. Your data and your responsibilities

As between you and us, you retain all rights to the data you or your users submit to the Service (“Customer Data”), including information about your drivers, customers, loads, and equipment. You are responsible for the accuracy and legality of Customer Data and for having the necessary rights and notices to provide it to us for processing.

You remain solely responsible for your regulatory obligations as a motor carrier or broker, including FMCSA/DOT compliance, driver qualification, hours-of-service, and recordkeeping. The Service is a tool to help you manage these obligations; it does not assume them.

4. Acceptable use

You agree not to:

• use the Service in violation of any law or third-party right;
• upload malware or attempt to gain unauthorized access to the Service or other accounts;
• reverse engineer, resell, or copy the Service except as permitted by law or a separate written agreement;
• interfere with or disrupt the integrity or performance of the Service; or
• access data that does not belong to your Carrier organization.

5. Third-party services

The Service integrates optional third-party services (for example, Motive for vehicle location, FMCSA for carrier lookups, Google Maps for addresses, and Stripe for payments). Your use of those integrations may be subject to the third party’s own terms, and we are not responsible for third-party services, outages, or data accuracy.

6. Invoice payments

The Service can generate a payment link so your customers may pay your invoices online. Payment processing is performed by Stripe; card details are handled entirely by Stripe and are never stored by us. The underlying invoice is an agreement between you and your customer; we are not a party to it and are not responsible for the goods, services, or amounts it represents. Any fees for the Service itself are as separately agreed with you.

7. Intellectual property

We and our licensors own all rights in the Service and its software. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Service during your subscription or authorized use.

8. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.

9. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our total liability arising out of or relating to these Terms will not exceed the amounts you paid us for the Service in the twelve months before the event giving rise to the liability.

10. Indemnification

You will defend and indemnify us against third-party claims arising from your Customer Data or your use of the Service in violation of these Terms or applicable law.

11. Term and termination

We may suspend or terminate access if you materially breach these Terms or use the Service in a way that risks harm to others. On termination, your right to use the Service ends. You may request an export of your Customer Data for a reasonable period after termination, after which we may delete it in accordance with our Privacy Policy and Data Processing Agreement.

12. Changes

We may modify the Service or these Terms. If we make a material change to these Terms, we will update the “last updated” date and, where appropriate, provide notice. Continued use after changes take effect constitutes acceptance.

13. Governing law

These Terms are governed by the laws of [governing-law jurisdiction], without regard to conflict-of-laws rules, and the courts located there will have exclusive jurisdiction, except where prohibited by applicable law.

14. Contact

Questions about these Terms: legal@example.com.