Terms of Service

1. Eligibility & Accounts

You must be at least 18 years old and able to enter into a binding contract to use the Service. You agree to provide accurate, current, and complete information when you register and to keep that information up to date. You are responsible for all activity that occurs under your account and for keeping your login credentials confidential.

2. Subscriptions, Billing & Trials

The Service is offered as a paid subscription. Fees, included truck counts, and billing intervals are described on our pricing page at the time of purchase. Subscriptions renew automatically at the end of each billing period unless cancelled. You may cancel at any time through your account settings; cancellation takes effect at the end of the current billing period.

All fees are non-refundable except where required by law. We may change our prices on prospective billing periods with at least 30 days’ notice.

3. Your Content & License to Us

You retain all rights to the data you submit to the Service (loads, customers, brokers, equipment, drivers, documents, etc.) (“Customer Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and modify Customer Content solely as needed to provide the Service to you.

You are responsible for the lawfulness and accuracy of your Customer Content and for obtaining all consents required to share third-party information (including driver phone numbers, customer contact information, and any personal data of others) with us.

4. Acceptable Use

You agree not to:

• Use the Service to violate any law, regulation, or third-party right.
• Upload malware, viruses, or any content that could harm the Service or its users.
• Attempt to bypass authentication, rate limits, billing caps, or other security measures.
• Scrape, mirror, or reverse-engineer the Service, except as expressly permitted by law.
• Send unsolicited bulk communications (SPAM) through the Service.
• Use the Service to send SMS to recipients who have not consented or who have opted out.
• Misrepresent your identity or affiliation with any person or organization.

5. SMS Messaging Terms

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

If you enable SMS notifications, the following terms apply to you and to your drivers and recipients (collectively, “Subscribers”):

• Program description. FleetCal sends transactional SMS messages including load assignments, dispatch updates, pickup/delivery reminders, schedule changes, and verification codes.
• Consent. Subscribers must consent before receiving SMS. As an organization administrator, you represent that every phone number you submit belongs to a Subscriber who has consented to receive SMS from your organization through FleetCal.
• Frequency. Message frequency varies based on dispatch activity.
• Cost. Message and data rates may apply. Subscribers should contact their wireless carrier for plan details.
• Opt-out. Subscribers may reply STOP to any message to stop receiving SMS. After replying STOP, the Subscriber will receive one confirmation message and no further SMS until they re-subscribe.
• Help. Subscribers may reply HELP for assistance or contact us at hello@fleetcal.app.
• Supported carriers. Major U.S. carriers including AT&T, T-Mobile, Verizon, and others. Carriers are not liable for delayed or undelivered messages.

You agree to indemnify FleetCal against any claim, fine, or penalty arising from your failure to obtain the required consents from Subscribers before submitting their phone numbers to the Service.

6. Third-Party Services & Integrations

The Service integrates with third-party services (such as mapping and routing providers, payment processors, and email/SMS gateways). Your use of those services is subject to the third party’s own terms and privacy policies. We are not responsible for third-party services, and their availability is not guaranteed.

7. Intellectual Property

The Service, including its software, design, and content (other than Customer Content), is owned by FleetCal and protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your internal business purposes during your active subscription.

8. Suspension & Termination

We may suspend or terminate your access to the Service if you breach these Terms, if your account is delinquent, or if we reasonably believe your use is harming the Service or other users. You may terminate by closing your account at any time. Upon termination, you will lose access to the Service and your Customer Content may be deleted after a reasonable retention period.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLEETCAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA. OUR TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You will indemnify, defend, and hold harmless FleetCal from and against any third-party claim arising from your Customer Content, your use of the Service, your breach of these Terms, or your violation of any law or third-party right (including SMS-related claims under the TCPA or similar statutes).

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute will be resolved exclusively in the state or federal courts located in Florida, and you and FleetCal each consent to the personal jurisdiction of those courts.

13. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top. If changes are material, we will provide additional notice (in-product banner or email) before they take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the new Terms.

14. Contact

Systematica Solutions LLC
Email: hello@fleetcal.app
State of formation: Florida, United States