You must provide accurate account information, keep credentials secure, and promptly update your details. You are responsible for all activity under your account by Authorized Users. By accepting these terms, you represent that you are authorized to bind the Customer. If you are not authorized, you must not accept these terms.
Customer designates owners/admins who manage access. Admins can invite, disable, or remove users; assign roles and permissions; manage driver portal access; and reset credentials. Actions taken by an authorized admin are deemed actions of the Customer.
You represent that you have obtained any required consent to invite users and provide their contact information, and you will promptly remove access when a user is no longer authorized.
Plans include seat limits and feature entitlements. We may block additional users or restrict access if you exceed plan limits, and we may disable or de-provision users to enforce caps or entitlements.
The Service provides security controls such as MFA enrollment, session management, and inactivity timeouts. You are responsible for configuring these settings for your organization and for monitoring account activity. We may log administrative actions and security events to support audits and incident response.
If you enable the Driver Portal, you authorize us to send one-time access codes and service messages to driver email addresses you provide. Driver Portal access is limited to drivers marked active and enabled by you. You are responsible for maintaining accurate driver contact information and ensuring that only authorized drivers access the portal.
Access codes and portal sessions are time-limited and may be revoked for security. Delivery of access codes depends on third-party email providers and may be delayed or blocked.
Subscription and billing details are governed by these Terms and our Subscription & Billing Terms, which are incorporated by reference.
Subscriptions are sold per plan and seat. Free plans may include limited seats and features. Paid plans include a seat cap stated in plan details. The Service may clamp requested seats to the plan's cap.
Each Subscription Term starts on your subscription start date and renews on the same day of the subsequent month. Fees are prepaid for each Subscription Term and are non-refundable unless required by law or stated in a written enterprise agreement.
We use third-party payment processors (for example, Stripe) for billing. You authorize us and our processors to charge your payment method for fees and applicable taxes. Taxes are calculated based on your billing address and applicable laws. You are responsible for all taxes, duties, and government charges except taxes based on our net income.
Some features of the Service may be billed based on usage ("Usage-Based Features") in addition to seat-based subscription fees. Usage-Based Features may include, for example, document processing (per page), mapping/geocoding/routing requests (per request), messaging/telephony activity (per message/minute), or integration polling/sync activity.
Metering: We may calculate usage using Service logs, event records, and measurements captured by our systems and/or our third-party providers. These measurements are the basis for billing unless we determine a clear error.
Add-ons and usage limits: If your plan includes usage limits, exceeding those limits may require purchasing an add-on or may result in temporary restriction of the Usage-Based Feature until the next billing cycle or until add-on capacity is available. We do not automatically bill overage fees without explicit confirmation.
Disputes: You must notify us of any good-faith dispute of usage-based charges within thirty (30) days of the charge or invoice date, and you agree to reasonably cooperate to resolve the issue. Undisputed amounts remain payable when due.
When you upgrade plans or increase seats mid-cycle, we calculate a prorated "Today" amount for the remainder of the current cycle. If that amount is greater than $0, you agree to pay it via a one-time invoice (or as otherwise presented in checkout).
If the calculated proration is zero or negative (for example, you upgrade tiers but reduce seats), we waive the charge and do not issue credits or refunds for the remainder of the cycle. Any excess value is forfeited and does not carry forward. No account credits are created and no cash refunds are issued.
You agree not to misuse the Service. Forbidden activities include, without limitation:
We may suspend or terminate access for violations.
You retain ownership of Customer Data. You grant us a limited license to host, process, transmit, and display Customer Data solely to provide and improve the Service.
We use commercially reasonable administrative, technical, and physical safeguards for a multi-tenant cloud environment. No system is 100% secure, and you understand inherent risks.
Our Privacy Policy describes how we collect, use, and disclose personal information, and includes region-specific notices where required.
Where required, we will execute a Data Processing Addendum (DPA) incorporating standard contractual clauses for international transfers. We act as a "service provider"/"processor" with respect to Customer Data.
You are responsible for ensuring you have the right to collect, use, and provide Customer Data to the Service, including driver or applicant personal data (for example, Social Security numbers, dates of birth, license numbers, background checks, medical certifications, drug test results, or emergency contacts) and for meeting any notice, consent, and recordkeeping requirements.
You are also responsible for ensuring you have the right to store and share broker, shipper, carrier, and customer information, including rate confirmations, contract terms, and payment instructions, with your Authorized Users and drivers.
We maintain backups for disaster recovery. Upon termination or your request, we will delete Customer Data from active systems within a commercially reasonable period, subject to legal retention requirements. Backups and audit logs may persist for a limited period as needed for security, compliance, or billing.
If you use import, export, or bulk update features (including CSV uploads/downloads or API exports), you are responsible for ensuring data accuracy, proper mapping, and legal authority to share that data. Imports may create, update, or overwrite records. You should review results before relying on them, and you are responsible for securing and storing any exported data after it leaves the Service.
We may generate and use de-identified or aggregated statistics to operate and improve the Service, provided they do not identify you or your users.
The Service may integrate with third-party platforms (for example, Stripe for payments, Intuit QuickBooks for accounting, RingCentral for communications, Motive or Anytrek for telematics, or mapping providers). Third-party services are governed by their own terms and privacy policies. You are responsible for compliance with such terms and for fees charged by third parties.
When you enable an integration, you authorize us to access the connected service using credentials or OAuth tokens you provide or approve. We may store, encrypt, refresh, and use those credentials to synchronize data, and we may cache integration data for reliability. You can revoke access at any time, but doing so may disable related features or delete synced data.
Integrations rely on third-party availability, data quality, rate limits, and billing policies. We may throttle, queue, or pause syncs to comply with provider limits, and we are not responsible for delays or inaccuracies caused by third-party services.
Some integrations support inbound webhooks or push feeds. You are responsible for configuring these connections, protecting shared secrets, and ensuring you have the right to send us that data.
If we provide API credentials or allow API access, you must keep keys confidential, restrict use to authorized users, and promptly rotate or revoke compromised keys. We may monitor usage, impose limits, or suspend access to protect the Service.
We are not responsible for third-party outages, changes, or data loss originating with third-party providers.
We (and our licensors) own the Service, software, and associated intellectual property. You receive a limited, non-exclusive, non-transferable license to use the Service during the Subscription Term. You grant us a royalty-free license to use Feedback for any purpose.
We aim for high availability but do not guarantee uninterrupted service. We may perform maintenance, modify features, or introduce beta functionality. Support channels and hours may be listed in the product or documentation.
When you request support, you authorize us to access relevant Customer Data and configuration to diagnose issues. Support requests, attachments, and diagnostic logs may be retained for troubleshooting, security, and compliance. Response times are not guaranteed unless a separate written agreement provides specific service levels.
Notifications, emails, and SMS are provided on a best-effort basis and may be delayed or fail due to third-party providers or carrier filtering. You are responsible for maintaining accurate contact information, obtaining any required consents, and honoring opt-outs. Standard message or data rates may apply.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting the foregoing, we do not warrant that any data extracted, auto-populated, suggested, routed, geocoded, estimated, or returned through the Service (including from third-party providers, AI-assisted features, or public datasets) is complete, accurate, or current. You are responsible for reviewing and validating outputs before relying on them for dispatch decisions, compliance, billing, safety, or legal purposes.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICE, INCLUDING DECISIONS OR ACTIONS BASED ON OUTPUTS, ALERTS, OR DATA IN THE SERVICE. THE SERVICE IS NOT A SAFETY SYSTEM, REGULATORY SYSTEM, OR PAYROLL/HR SYSTEM, AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE, HIRING, TRAINING, PAYROLL, SAFETY, AND OPERATIONAL DECISIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR LOSSES, DAMAGES, PENALTIES, OR CLAIMS ARISING FROM YOUR BUSINESS OPERATIONS, INCLUDING CARGO LOSS, EQUIPMENT DAMAGE, ACCIDENTS, INJURIES, OR REGULATORY ACTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPATCH STREAM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO THE SERVICE, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF ANY LIABILITY IS FOUND DESPITE THE FOREGOING, OUR AGGREGATE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE LESSER OF (A) THE AMOUNTS PAID BY CUSTOMER TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100). THIS LIMIT APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN SUCH CASES, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend and indemnify us against claims arising from (a) your Customer Data or use of the Service in violation of law or these terms; (b) your breach of third-party service terms; or (c) your telephony or messaging activities.
We may suspend the Service for non-payment, suspected violations, or security risks. Either party may terminate for material breach if not cured within thirty (30) days' written notice. Upon termination, your right to use the Service ends, and Sections 6, 9-16 survive.
These terms are governed by the laws of the State of Illinois, excluding conflicts of law rules. The parties agree to exclusive jurisdiction and venue in the state or federal courts located in Cook County, Illinois. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Dispatch Stream, LLC
Attn: Legal - Terms of Service
910 W Lake St, Ste 102
Rosell, IL 60172
Email: legal@dispatchstream.com