Terms of Service

1. Who these Terms cover

These Terms apply to every person and organization that uses the Service, including:

• the motor carrier or other business that holds the FleetCare account (the “Customer”);
• owners, members, employees, contractors, and other people the Customer invites;
• owner-operators and others who keep equipment files in the Service; and
• investigators, auditors, and other read-only guests who sign in with access the Customer grants.

“You” means the individual using the Service and, if you use it for an organization, that organization. If you use the Service on behalf of a Customer, you represent that you have authority to bind that Customer. The Customer is responsible for everyone who accesses its account.

The Service is offered for business and commercial use in motor-carrier and related operations. You represent that you are at least 18 years old and are not using the Service as a consumer for personal, family, or household purposes.

2. What the Service is — and is not

FleetCare PRO is a recordkeeping tool. It lets you store equipment identity, work logs, service tickets, reminders, vendor information, accident notes, company and unit documents, fillable forms, and printed or downloaded packets. It may also show copies of certain public information (for example USDOT snapshots or ELD register listings) for convenience.

The Service is not:

• legal, safety, tax, insurance, or compliance advice;
• a substitute for a qualified inspector, mechanic, safety director, or attorney;
• an official FMCSA, state, or insurance filing system;
• a guarantee that a vehicle is safe, roadworthy, or in compliance;
• a replacement for papers, stickers, markings, or documents that must physically be on a vehicle or in a cab;
• a shop management, parts, payroll, ELD, telematics, or dispatch system; or
• an undertaking by FleetCare to operate, inspect, dispatch, or control any vehicle.

Nothing in the Service makes FleetCare a motor carrier, broker, shipper, employer of your drivers, or a party to your leases, insurance, or customer contracts.

3. Your regulatory responsibility

Without limiting the previous paragraph, you alone are responsible for:

• whether a unit needs a file, an inspection, a sticker, a cab packet, or other proof;
• the accuracy, completeness, dating, and retention of records you store or print;
• performing inspections and repairs, and for the qualifications of people who do that work;
• keeping required papers on the vehicle (including annual inspection proof, insurance, registration, fuel-tax, lease, and other cab documents);
• marking (including USDOT display), leases, and any document that must be carried in original or paper form;
• deadlines, out-of-service orders, roadside inspections, and follow-up certifications;
• accident reporting and testing obligations, including any filing with a state, insurer, or FMCSA; and
• what an officer, auditor, or investigator is shown, given, or allowed to access.

Reminders, due lists, digest emails, “overdue” coloring, cover-sheet gaps, and similar features are conveniences only. They may be late, incomplete, based on data you entered, or fail to send. You may not rely on them as the sole way you meet a legal deadline.

Electronic copies may be acceptable under some rules (including 49 CFR 390.32) only if you can produce them as required. FleetCare does not warrant that a particular printout, PDF, ZIP, or screen will be accepted by any officer, auditor, insurer, or court.

4. Accounts, people, and security

Access is by invitation or credentials we issue. You must provide accurate account information and keep it current. You must keep passwords, investigator passwords, and other credentials confidential. You are responsible for all activity under your account until you notify us that credentials were compromised and we have had a reasonable chance to act.

The Customer decides who is an owner, member, or investigator, what an investigator may open, and when an investigator password expires. FleetCare is not responsible for a person the Customer invited, a permission the Customer turned on, or a password the Customer shared.

We may refuse, limit, or revoke access, require a new password, or disable investigator access, at any time, including if we believe these Terms were violated or the Service is at risk.

5. Investigator access

The Customer may grant a temporary, read-only login to an investigator or other guest. That guest may review and print only what the Customer enables. The guest may not add, change, or delete records through the Service.

If you sign in as an investigator, you agree to:

• use the access only for the inspection, audit, or review for which it was given;
• keep the password confidential and not share it;
• not attempt to alter records or bypass the read-only limits; and
• copy or disclose records only as the law and the Customer allow.

Investigator access always expires. The Customer chooses how long from a fixed list, and the longest available is thirty days; access also ends immediately if the Customer switches it off or changes what it may see. An expired investigator password stops working on the next request, not at the next sign-in.

Investigator access does not depend on the Customer's association membership being current. Whether a fleet's subscription is paid is not the investigator's business and is not a reason to withhold a record from an audit or a claim.

The Customer is solely responsible for deciding what a guest may see. Granting investigator access is a disclosure by the Customer, not by FleetCare. We do not verify that a guest is a government official. Activity may be logged and shown to the Customer.

6. Your records and content

You retain whatever rights you already have in the information, documents, photos, signatures, and other material you submit (“Customer Content”). You grant FleetCare a worldwide, non-exclusive license to host, store, copy, display, print, transmit, and otherwise process Customer Content only as needed to operate, maintain, secure, and improve the Service, to provide it to people the Customer invites, and to meet legal obligations.

You represent that you have all rights and consents needed to submit Customer Content, including names of drivers and other people, accident information, and documents that belong to a lessor, insurer, shop, or employee. You are responsible for the accuracy of Customer Content. We do not independently verify VINs, inspections, repairs, insurance, or other facts you enter.

When you take a unit out of the fleet, its file stays available to you for six months, which is the period 49 CFR 396.3(c) asks for after a vehicle leaves. After that the unit is archived: it no longer appears in your lists, and the record, its documents and its work log are kept rather than destroyed. A unit that has left the fleet stops counting towards any included-record allowance from the day you remove it, so keeping the file costs you nothing.

We may remove or restrict Customer Content that we reasonably believe is unlawful, infringing, or a risk to the Service, but we have no duty to monitor it.

7. Forms, signatures, and cab papers

Fillable forms (including inspection and qualification forms), on-screen signatures, cover sheets, and print packets are tools for your file. They are not issued by FMCSA, a state, or FleetCare as an official certification. You are responsible for:

• whether a form is the right one, current, and complete;
• whether the person who signs has authority to sign;
• whether an electronic signature is valid for your purpose under applicable law; and
• whether a printed packet includes every paper an officer or auditor will require, and whether those papers are still valid.

Uploading a scan or printing a packet does not make a policy, registration, inspection, or permit effective. Expired or missing papers remain your problem even if they still appear in the Service.

An accident or incident file in the Service is an internal record. It does not file a report with a police agency, insurer, state, or FMCSA, and it does not satisfy a reporting or testing duty by itself.

8. Third-party data and links

USDOT snapshots, ELD register listings, vehicle catalogs, maps, mail delivery, and similar features may depend on public databases or other providers. That information can be stale, incomplete, or wrong. It is not an official government record. You must confirm anything that matters with the issuing agency or the original document.

We are not responsible for third-party sites, agencies, shops, insurers, or GPS or other products that may share a company or a server with FleetCare. Those have their own terms. FleetCare PRO is a separate product.

9. Acceptable use

You may use the Service only for lawful fleet recordkeeping and related business purposes. You may not:

• break the law, infringe anyone’s rights, or store content you are not allowed to have;
• attempt to access another Customer’s account, data, or the Service’s internals without authorization;
• probe, scan, overload, or interfere with the Service, or bypass authentication or read-only limits;
• use the Service to mislead an officer, auditor, insurer, or court, including by altering dates, omitting required facts, or presenting software output as an official certification it is not;
• resell, scrape, or commercially exploit the Service except as we agree in writing;
• upload malware or excessive or unrelated files; or
• use the Service if you are barred from doing so by law or by us.

10. Our intellectual property

The Service — including software, design, text, graphics, the FleetCare PRO name and mark, and form layouts we provide — is owned by FleetCare or its licensors. These Terms do not transfer that ownership. You may not copy, modify, reverse engineer, or create derivative works from the Service except as the law allows.

If you send feedback or suggestions, you grant us a royalty-free, perpetual right to use them without obligation to you.

11. Availability, backups, and security

We aim to keep the Service available and to use reasonable administrative, technical, and physical safeguards. We do not promise uninterrupted access, error-free operation, or that files cannot be lost, delayed, or accessed by someone who should not have them. You should keep your own copies of records you are required to retain (including records that must be kept after a unit leaves the fleet).

Maintenance, hosting issues, mail-relay issues, or events beyond our reasonable control may interrupt the Service. Email reminders may be blocked, delayed, or never sent.

12. Fees

The Service may be offered without charge, on a trial, or under a later paid plan. If we charge fees, we will present them before you owe them. Unless a signed order says otherwise, fees are non-refundable, taxes are extra, and we may change prices on notice for later periods. Non-payment may result in suspension or termination.

Where the Service is provided through an association membership, that membership may include a number of equipment records at no additional charge, and records beyond that number are charged per record per month at the rate shown to you before you add one. Your current count, what is included, and what any extra records cost are shown on your FleetCare home page, and you are asked to confirm the charge at the moment you add a record past the included number. Those charges are invoiced by the association separately from the membership itself; your membership price does not change. A unit you remove stops being charged from that day.

If you use the Service without a paid subscription, you still agree to these Terms, including the disclaimers, limits on liability, and indemnity.

13. Disclaimer of warranties

Some jurisdictions do not allow certain warranty disclaimers. In those places, we disclaim warranties to the fullest extent the law allows, and any required warranty is limited to the shorter of ninety (90) days or the minimum period the law requires.

14. Limitation of liability

These limits apply to every theory of liability (contract, tort, negligence, strict liability, statute, or otherwise) and are a fundamental basis of the bargain. We would not provide the Service without them. You agree that the Service is a recordkeeping aid, that compliance and vehicle safety remain yours, and that these limits are reasonable.

Some places do not allow certain limits. In those places, our liability is limited to the maximum extent the law allows. Nothing in these Terms limits liability that cannot be limited, such as liability for our own willful misconduct where that bar cannot be waived.

Time to bring a claim. Except where the law forbids a shorter period, any claim against FleetCare must be filed within one (1) year after it accrued, or it is permanently barred.

15. Indemnification

You will defend, indemnify, and hold harmless FleetCare and its owners, officers, employees, and contractors from and against any claims, damages, losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• your use of the Service, or use by anyone on your account;
• Customer Content, including documents you upload and forms you sign or print;
• your vehicles, drivers, operations, inspections, repairs, accidents, or cargo;
• your failure to comply with law, insurance, leases, or these Terms;
• access you grant to an investigator or other guest; or
• a claim that Customer Content infringes or misuses a third party’s rights.

We may assume exclusive defense of any matter subject to indemnity; you will cooperate. You may not settle a claim that imposes an obligation on us without our prior written consent.

16. Term, suspension, and termination

These Terms apply from your first access until your account is closed. We may suspend or terminate access immediately if you breach these Terms, if required by law, if fees are unpaid, or if we discontinue the Service. You may stop using the Service at any time. The Customer may ask us to close an account.

Where access to the Service comes with an association membership, a membership that ends does not close your account on the day it ends. For six months afterwards your account becomes read-only: you can sign in, read everything, print it, run reports and download your documents, but nothing can be added or changed. This is deliberate — the records are yours, and some of them are records you may be required to produce after a membership has ended.

After those six months the account is closed and sign-in stops. Your records are not deleted at that point; they are retained, and you may ask us for a copy. If the membership becomes current again at any time, full access returns to the same account with the same records — nothing has to be restored.

Records are kept for two years from the day access changed, and are then deleted. Two years covers the twelve months 49 CFR 396.3(c) asks for while a vehicle is in service, the six months after it leaves, and a claim or audit arriving later. We do not keep your records indefinitely: holding data longer than there is a reason to is a risk to you as much as to us.

While payments on an account are held with the association's office, the account is also read-only on the same terms: everything stays readable, printable and downloadable, and nothing changes until the hold is lifted.

On termination, your right to use the Service ends. Customer Content is deleted on the schedule above, except that we may retain copies where the law requires it, where they are needed for a dispute already under way, or in backups that are later overwritten. You remain responsible for keeping your own copies of records you are required to retain, and the read-only period above is provided so that you can take them. Sections that by their nature should survive (including 3, 6, 10, and 13–19) survive termination.

17. Changes

We may change the Service (including features, forms, and data sources) at any time. We may change these Terms by posting an updated version on the Site and revising the “last updated” date. Material changes will also be noted on the Site or by a notice at sign-in or by email to an account owner when practical.

If you continue to use the Service after the updated Terms take effect, you accept the changes. If you do not agree, you must stop using the Service and close the account.

18. Governing law and claims

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law rules, and (where applicable) United States federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Except for claims that must be brought in small-claims court, you and FleetCare agree that the state and federal courts located in Ohio have exclusive jurisdiction over disputes arising out of or related to the Service or these Terms, and you consent to those courts. You waive any objection based on venue or inconvenient forum.

Class and representative actions. To the maximum extent permitted by law, you and FleetCare may bring claims against each other only in an individual capacity, not as a plaintiff or class member in a class, collective, consolidated, or representative proceeding. A court may not join another person’s claim with yours without consent of all parties.

If a dispute is eligible for small-claims court in Ohio, either party may use that court.

19. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and FleetCare about the Service. They replace prior oral or written terms about the Service, except that a signed order or subscription agreement (if any) controls over these Terms where they conflict, provided that the disclaimer of warranties, limitation of liability, indemnity, and regulatory-responsibility sections in these Terms still apply unless that signed writing expressly names this paragraph and states otherwise.

Severability. If a provision is held unenforceable, it will be modified to the minimum extent needed to make it enforceable, or if that is not possible, severed. The rest of the Terms remain in effect. If the class-action waiver is found unenforceable as to a claim, that claim must be brought in court under section 18, and the rest of the waiver still applies to other claims.

Waiver. A failure to enforce a provision is not a waiver. Waivers must be in writing.

Assignment. You may not assign these Terms without our consent. We may assign them in connection with a reorganization, merger, or sale of assets. These Terms bind permitted successors.

No third-party beneficiaries. These Terms do not create rights in any third party, except that our owners, officers, employees, and contractors may rely on the disclaimers, limits on liability, and indemnity.

Notices. We may notify you by posting on the Service, at sign-in, or by email to an address on the account. Notices to FleetCare must be sent to the operator of FleetCare PRO at fleetcare.pro, or to any legal notice address we later publish on the Site.

Government users. The Service is a commercial item. If you are a government entity, your rights are only those these Terms grant to commercial customers.

Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including outages, labor issues, acts of government, or failures of third-party networks or data sources.

Interpretation. Headings are for convenience only. “Including” means “including without limitation.” Electronic acceptance (signing in, checking a box, or using the Service) is valid. You waive any defense based on the Terms being electronic or not signed by hand.

Questions about these Terms may be sent through the Site. For how we handle information, see the Privacy Policy.