Terms of Service
These Terms of Service ("Terms") govern access to and use of HaulFoundry websites, applications, software, and related services (collectively, the "Service"). "HaulFoundry," "we," "us," and "our" refer to HaulFoundry LLC, an Iowa limited liability company. By affirmatively accepting these Terms, creating an account, accessing a workspace, purchasing a subscription, or otherwise using the Service, the user and the organization on whose behalf the user acts agree to these Terms. A user acting for an organization represents that the user has authority to bind that organization. HaulFoundry is intended for business use by adults age 18 or older.
1. The HaulFoundry Service
HaulFoundry provides software tools designed to help transportation companies and contractors manage dispatch operations, P&D and linehaul scheduling, driver availability, fleet assets, maintenance information, compliance-related dates, recurring runs, exceptions, imports, exports, external coverage, multi-terminal operations, operational warnings, and related business activities.
HaulFoundry is a software technology platform. It is not a motor carrier, freight broker, freight forwarder, shipper, transportation provider, employer, staffing company, professional employer organization, payroll provider, safety department, insurance provider, regulatory authority, legal adviser, tax adviser, or compliance certification service. Unless HaulFoundry expressly enters a separate written agreement providing otherwise, HaulFoundry does not accept or possess freight, undertake transportation, negotiate freight rates between shippers and carriers, select or engage carriers for shippers, receive compensation for arranging transportation, or act as a transportation dispatch service on behalf of a carrier.
HaulFoundry is not an emergency dispatch system and should not be the sole system relied upon for safety-critical, regulatory, or time-critical transportation decisions.
2. Customer Responsibility for Operations, Safety, and Compliance
Customer remains responsible for its transportation operations, personnel, equipment, contracts, safety practices, insurance, and compliance with applicable law. This includes determining whether drivers and other personnel are qualified and safe to perform assigned work; verifying licenses, medical certifications, hours-of-service requirements, and other qualifications; maintaining vehicles and equipment; making lawful dispatching and routing decisions; maintaining required records; and complying with DOT, FMCSA, state, local, employment, privacy, contractual, and other requirements that apply to Customer.
HaulFoundry may display dates, alerts, warnings, recommendations, matches, calculations, classifications, or other operational information, but Customer must independently verify information used for legal, safety, regulatory, financial, employment, or other significant business decisions.
3. External Coverage and Third-Party Transportation Providers
Features labeled or functioning as external coverage, external provider management, contractor management, or similar tools are software features for Customer to record, organize, evaluate, assign, communicate with, and manage third parties selected by Customer.
Customer, not HaulFoundry, is responsible for selecting, contacting, engaging, contracting with, directing, paying, and monitoring outside carriers, contractors, drivers, vendors, or other providers and for verifying their authority, registration, licenses, insurance, safety status, qualifications, equipment, contractual terms, rates, and other requirements. A status, suggestion, match, or record in HaulFoundry is not a certification, endorsement, approval, or guarantee of a third party.
4. Employment and Workforce Decisions
HaulFoundry may support availability, scheduling, dispatch, assignment, coverage, and workforce coordination. HaulFoundry is not Customer's employer, joint employer, staffing firm, payroll provider, human-resources department, or employment-law adviser.
Customer is solely responsible for hiring, firing, discipline, promotion, compensation, worker classification, leave, accommodations, benefits, performance management, scheduling, staffing, and other employment or contractor decisions. HaulFoundry warnings, rankings, suggestions, matches, or solver outputs are not determinations that a person should receive or lose work, discipline, compensation, promotion, leave, accommodation, or other employment opportunities.
5. Accounts, Roles, Workspace Authority, and Ownership
HaulFoundry workspaces are controlled by the applicable customer organization, not by an individual employee, dispatcher, administrator, or person who originally created an account. Workspace Owners and authorized Administrators are responsible for deciding who receives access, assigning appropriate roles and terminal permissions, reviewing access, and removing access when no longer appropriate.
By creating, purchasing, administering, inviting users to, transferring ownership of, or requesting deletion of a workspace, a user represents that the user is authorized to act for the applicable organization. HaulFoundry may rely on authenticated Owner or Administrator instructions unless HaulFoundry reasonably suspects compromise, fraud, or an ownership dispute.
If ownership or authority is disputed, HaulFoundry may temporarily restrict sensitive administrative actions, preserve the status quo, request reasonable evidence of authority, and require the parties to resolve the dispute before HaulFoundry changes workspace ownership.
6. Account Security and Recovery
Users are responsible for protecting login credentials, email accounts, devices, networks, authentication methods, and sessions used to access HaulFoundry and must not share credentials in a manner that defeats access controls. Suspected unauthorized access should be reported promptly.
HaulFoundry may use reasonable identity, account, workspace, email, organization, or authority verification before restoring access, changing ownership, processing sensitive account actions, or acting on recovery requests. HaulFoundry may refuse or delay a request that cannot be reasonably verified. Recovery is not guaranteed in every circumstance.
HaulFoundry support will not ask users to provide their passwords, payment-card numbers, Social Security numbers, authentication codes, API keys, or other unnecessary secrets.
7. Acceptable Use
Users may use HaulFoundry only for lawful business purposes. Users may not use the Service to violate law, contract, confidentiality obligations, or another person's rights; access another organization's data without authorization; impersonate or defraud another person or organization; upload malicious code; probe or bypass security controls without written authorization; interfere with service availability; conduct unauthorized scraping or automation; reverse engineer or exploit the Service except to the extent applicable law expressly permits; harass or harm others; upload data the user lacks authority to use; misuse credentials; facilitate unlawful transportation activity, theft, fraud, trafficking, or sanctions violations; or materially assist another person in doing so.
HaulFoundry may impose reasonable technical limits against abusive or disruptive use. Legitimate use of documented APIs or approved integrations is permitted subject to applicable terms.
8. Customer Data Ownership and License to HaulFoundry
"Customer Data" means business, operational, employee, driver, contractor, external-provider, fleet, maintenance, dispatch, scheduling, and other information Customer enters, imports, or submits to the Service. Customer retains ownership of Customer Data, subject to third-party rights that may apply.
Customer grants HaulFoundry a limited, non-exclusive right to host, store, process, reproduce, transmit, display, back up, secure, troubleshoot, support, and otherwise handle Customer Data as reasonably necessary to provide, maintain, secure, support, and improve the contracted Service; comply with lawful instructions; prevent fraud or misuse; and satisfy applicable legal obligations.
Customer is responsible for having the rights, authority, permissions, notices, consents, and legal basis needed to provide Customer Data and direct HaulFoundry to process it.
9. Sensitive Data and Data Minimization
Unless HaulFoundry expressly introduces and documents a feature requiring otherwise, the Service is not designed or intended for Social Security numbers or taxpayer-identification numbers; driver's-license or passport numbers or images; full dates of birth or home addresses except where a supported feature makes them necessary; payment-card or bank credentials; passwords or authentication codes; medical diagnoses, treatment records, genetic data, or detailed medical records; biometric identifiers; payroll data; or similarly high-risk sensitive information.
HaulFoundry may support limited operational fields such as driver's-license expiration date, medical-card expiration date, qualification status, and other operational compliance dates or statuses. Those fields are for administrative decision support and are not medical, identity, payroll, or legal-compliance record systems.
HaulFoundry may restrict or remove material that materially violates these requirements, but HaulFoundry does not undertake to inspect every field or upload in advance.
10. Third-Party Agreements, Confidential Information, and Proprietary Material
Customer is responsible for ensuring its use of HaulFoundry complies with contracts, confidentiality duties, network rules, operating agreements, customer requirements, carrier agreements, platform terms, employer policies, and other obligations that apply to Customer.
Customer may not upload, import, disclose, transmit, reproduce, or use through HaulFoundry confidential, proprietary, trade-secret, restricted, licensed, or third-party information unless Customer has sufficient rights and authorization. Availability of a feature capable of storing, importing, displaying, or processing material does not grant Customer permission to use that material.
HaulFoundry does not determine whether Customer's use of the Service complies with any particular carrier-network, logistics-network, customer, vendor, platform, confidentiality, or other third-party agreement or policy. Customer remains responsible for determining what its own agreements permit.
11. Imports, Exports, and Integrations
HaulFoundry may allow Customer to import information from spreadsheets, reports, email, third-party platforms, APIs, or other sources and to export supported information from the Service. Customer is responsible for the legality, accuracy, currency, completeness, and authorization of source information.
Automated mapping, deduplication, matching, normalization, historical associations, external-coverage classifications, and similar functions may be incomplete or inaccurate. Customer must review material imports and changes before relying on them.
Exports are provided in supported formats and may not include every internal metadata field, diagnostic record, configuration, system log, historical state, or proprietary HaulFoundry structure. Customer should maintain copies of records it is independently required to retain.
12. Automated Outputs and Decision Support
Alerts, expiration notices, scheduling warnings, equipment conflicts, recommended matches, coverage suggestions, solver recommendations, forecasts, calculations, classifications, and similar outputs are decision-support tools only. They are not commands, guarantees, legal advice, safety determinations, compliance certifications, employment decisions, carrier-selection approvals, or promises of a particular business result.
Outputs may be delayed, incomplete, inaccurate, or affected by Customer data, configuration, third-party information, software defects, connectivity, or other factors. Customer is responsible for final decisions and independent verification.
HaulFoundry does not guarantee prevention of missed work, violations, accidents, staffing problems, equipment conflicts, data errors, revenue loss, or other operational outcomes.
13. Compliance, Qualification, and Maintenance Records
HaulFoundry may record, display, import, calculate, or alert on driver qualification information, license expiration dates, medical-card expiration dates, equipment maintenance information, inspection or service dates, and other operational compliance dates or statuses.
HaulFoundry does not certify that a driver, vehicle, file, license, medical card, inspection, maintenance item, or operation is compliant, current, valid, roadworthy, safe, or legally sufficient. Absence of a warning does not mean that an item is compliant, current, valid, or safe.
Customers remain responsible for official records, inspections, qualifications, maintenance, retention obligations, authoritative verification, and regulatory standards.
14. Communications
HaulFoundry may prepare, initiate, organize, or record service-related communications, including account, invitation, billing, security, support, privacy, and operational communications. Some features may open a Customer-controlled email, phone, or messaging application with prefilled content. Unless expressly stated otherwise, HaulFoundry cannot verify that a message was sent, delivered, read, or acted upon.
Customer is responsible for recipient information, message content, consent, lawful communications practices, opt-outs, and use of alternative confirmation methods for urgent or safety-critical matters. Transactional or operational messaging should not be treated as an emergency communication system.
15. Confidentiality
Each party may receive nonpublic information that a reasonable person would understand to be confidential. Customer Confidential Information may include Customer Data, operations, pricing, personnel, schedules, contracts, and business methods. HaulFoundry Confidential Information may include source code, architecture, security information, product plans, technical documentation, pricing strategy, nonpublic features, and business methods.
The receiving party will use reasonable care to protect Confidential Information, use it only as needed for the relationship, and disclose it only to personnel or service providers with a legitimate need to know and appropriate confidentiality obligations. Confidential Information does not include information that is publicly available through no breach, lawfully known without restriction, lawfully received from a third party without confidentiality duty, or independently developed without use of the confidential information.
If disclosure is legally compelled, the receiving party may disclose the required information and, where legally permitted and reasonably practicable, provide notice to the other party. These obligations survive for five years after disclosure, except trade secrets remain protected for so long as applicable law protects them as trade secrets.
16. Service Availability, Maintenance, and Force Majeure
HaulFoundry will use commercially reasonable efforts to operate the Service but does not guarantee continuous, uninterrupted, error-free, or secure availability or any specific uptime unless a separate written SLA expressly provides one.
Service may be affected by maintenance, deployments, software defects, capacity limits, internet or carrier disruptions, infrastructure or provider failures, security events, governmental actions, natural events, labor disruptions, or other circumstances beyond reasonable control. HaulFoundry may temporarily suspend or restrict service where reasonably necessary for maintenance, repair, security, legal compliance, or protection of the Service.
Customer should maintain reasonable contingency procedures, independent records or exports, and alternative communications appropriate to its operations. Ordinary interruptions do not automatically create service credits, refunds, damages, or term extensions absent a written SLA or applicable law.
Neither party is liable for delay caused by events beyond its reasonable control, except that force majeure does not excuse payment obligations already due. The affected party should use reasonable efforts to mitigate and resume performance.
17. Technical Requirements and Accessibility
HaulFoundry is designed for reasonably current supported browsers, operating systems, devices, internet connections, and related technologies. Customer is responsible for compatible devices, software, connectivity, browser settings, and security configuration.
HaulFoundry does not warrant compatibility with every browser version, device, operating system, extension, assistive technology, network configuration, security product, rooted or jailbroken device, beta software, or third-party application. Technical requirements may evolve.
HaulFoundry seeks to make its websites and applications reasonably usable by a broad range of users and devices. Accessibility may vary by feature, device, browser, operating system, assistive technology, and configuration. Users may contact support about accessibility barriers so HaulFoundry can evaluate the issue and, where reasonably practicable, provide assistance or consider improvements.
18. Third-Party Services and Subprocessors
HaulFoundry relies on or may integrate with third-party providers for infrastructure, hosting, databases, authentication, email, payment processing, analytics or diagnostics, fleet-management data, and related technology functions. Third-party services are governed by their own terms, availability, policies, and technical limitations.
HaulFoundry does not control and cannot guarantee the availability, accuracy, compatibility, security, pricing, or continued functionality of third-party services. HaulFoundry may modify, replace, restrict, or discontinue an integration if a provider changes, becomes unavailable, presents risk, or no longer supports the integration.
Customer is responsible for maintaining any third-party accounts, licenses, permissions, subscriptions, and lawful authority required for integrations Customer chooses to use.
19. Beta, Preview, and Experimental Features
HaulFoundry may offer beta, preview, early-access, experimental, or pre-release features. These features may be incomplete, contain errors, change materially, experience interruptions, or be discontinued. Unless separately agreed, beta features are for evaluation and testing, are not subject to a service-level commitment, and should not be used as the sole method for satisfying safety, legal, regulatory, employment, financial, or critical dispatch requirements.
Customer Data used with beta features remains subject to applicable privacy, security, and data-processing obligations. Feedback concerning beta features may be used to improve HaulFoundry.
20. Subscriptions, Billing, and Automatic Renewal
Pricing, plan features, billing frequency, renewal terms, and any trial or promotional terms will be disclosed before purchase. Unless otherwise stated at checkout or in a separate written agreement, paid subscriptions automatically renew for successive billing periods until canceled.
By providing a payment method or completing checkout, Customer authorizes HaulFoundry and its payment processor to charge applicable subscription fees, disclosed taxes, and other agreed amounts. Customer is responsible for accurate billing information.
If payment fails, HaulFoundry or its processor may retry payment, notify Customer, provide a cure or grace period, restrict paid features, or suspend access if payment remains unresolved. A temporary payment failure during an applicable cure period does not by itself terminate a subscription or an otherwise qualifying founding rate.
21. Founding, Legacy, and Special Pricing
HaulFoundry may offer limited founding, grandfathered, complimentary, trial, promotional, or enterprise pricing subject to the specific terms disclosed or agreed in writing.
For the launch founding offer, a qualifying paying customer organization means a distinct customer organization that successfully completes its first paid subscription to the qualifying base service. The legacy complimentary workspace does not count; failed or abandoned checkout does not count; and one founding slot applies per customer organization. The first ten qualifying paying customer organizations accepted into the offer receive a base subscription price of $99 per month while continuously subscribed to the qualifying base service and while HaulFoundry continues to offer the Service. Founding status is not transferable without HaulFoundry's written approval.
Ordinarily, voluntary cancellation, unresolved nonpayment after any applicable cure period, material breach, fraud, or termination of the qualifying subscription ends the founding-rate commitment. HaulFoundry may restore founding status when it was lost because of a billing, processing, or system error. Founding pricing applies to the qualifying base subscription and does not guarantee that add-ons, new products, professional services, taxes, or separately priced features will be included at the same rate. Founding pricing is not a promise that HaulFoundry or any feature will operate indefinitely.
22. Cancellation, Refunds, and Data Deletion
Customer may cancel using available self-service billing controls or by contacting support. Unless otherwise disclosed or agreed, cancellation takes effect at the end of the current paid billing period and prevents the next renewal charge. Cancellation does not automatically delete a workspace or Customer Data.
Fees already paid are generally non-refundable and non-prorated except where required by law, expressly stated at checkout, expressly agreed in writing, or approved by HaulFoundry for circumstances such as duplicate charges or clear billing errors. The Refund & Cancellation Policy provides additional details.
Account and workspace deletion are governed by the Account & Data Deletion Policy and the Privacy Policy. Customers should export information they need before requesting permanent deletion.
23. Taxes
Prices are exclusive of transaction taxes unless stated otherwise. Customer is responsible for sales, use, excise, value-added, or similar transaction taxes that HaulFoundry is required or permitted to collect in connection with Customer's purchase, excluding taxes based on HaulFoundry's net income, property, or employees.
Customer is responsible for accurate billing and location information and for providing a valid exemption certificate when claiming a tax exemption. HaulFoundry may charge and remit taxes where required. Nothing in the Service constitutes tax advice.
24. Suspension and Termination
HaulFoundry may suspend, restrict, or terminate access for nonpayment, fraud, chargeback abuse, significant security risk, unlawful activity, material or repeated Terms violations, disruption of the Service, unauthorized data, infringement, misuse of confidential information, or other conduct presenting material legal, regulatory, security, or operational risk.
Where an issue is reasonably curable, HaulFoundry will ordinarily provide notice and a reasonable opportunity to cure. Immediate action may be taken where reasonably necessary for fraud, unlawful activity, malicious conduct, serious security risk, legal process, unauthorized access, or material risk of harm.
Suspension does not by itself cancel amounts already due or automatically delete Customer Data. After termination, access and data handling are governed by the applicable policies and any surviving provisions.
25. HaulFoundry Intellectual Property and Third-Party Components
HaulFoundry and its licensors retain all right, title, and interest in the Service, software, source code, object code, APIs, interfaces, architecture, database structures, workflows, templates, algorithms, designs, features, documentation, branding, logos, trademarks, internal logs, system metadata, telemetry, security information, and other proprietary product materials, excluding Customer Data and third-party materials.
HaulFoundry may incorporate or depend on software, libraries, frameworks, APIs, fonts, icons, images, documentation, or other materials licensed from third parties or distributed under open-source licenses. Those components remain subject to their applicable license terms, and nothing in these Terms limits rights granted directly under an applicable open-source license.
Subject to compliance with these Terms and payment of applicable fees, HaulFoundry grants Customer a limited, non-exclusive, non-transferable right to access and use the Service for Customer's internal business operations. Customer may not resell, sublicense, reproduce, distribute, or commercially exploit HaulFoundry itself except as expressly authorized.
26. Trademarks, Customer References, and Publicity
"HaulFoundry Marks" include the HaulFoundry name, logos, product and service names, slogans, trade dress, domain names, icons, and other branding. HaulFoundry LLC owns or controls the HaulFoundry Marks and associated goodwill, subject to third-party rights.
Customer may accurately identify HaulFoundry as a service Customer uses but may not use HaulFoundry Marks in a manner that falsely suggests sponsorship, certification, endorsement, partnership, or affiliation.
HaulFoundry will not publicly use Customer's name, logo, trademarks, testimonial, case study, quotation, or other identifying information for advertising or promotional purposes without Customer's permission. Any permitted use remains subject to agreed limitations and applicable law.
27. Feedback
Customers and users may provide ideas, suggestions, comments, or feedback. To the extent permitted by law, HaulFoundry may use feedback for product development, improvement, commercialization, and business purposes without an obligation to compensate the person providing it. Feedback does not transfer ownership of Customer Data or Customer Confidential Information to HaulFoundry.
28. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, DOCUMENTATION, SUPPORT, BETA FEATURES, INTEGRATIONS, AND AUTOMATED OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT FOR EXPRESS WRITTEN COMMITMENTS IN AN APPLICABLE AGREEMENT, HAULFOUNDRY DISCLAIMS WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, DEFECT-FREE, COMPATIBLE WITH EVERY SYSTEM, OR SUITABLE FOR EVERY OPERATION.
HAULFOUNDRY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RESULT OF ALERTS, WARNINGS, REPORTS, CALCULATIONS, IMPORTS, EXPORTS, MATCHES, RECOMMENDATIONS, COVERAGE SUGGESTIONS, THIRD-PARTY DATA, OR OTHER OUTPUTS, OR THAT THE SERVICE WILL PREVENT MISSED WORK, CONFLICTS, ACCIDENTS, REGULATORY VIOLATIONS, DATA LOSS, OR OTHER BUSINESS EVENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAULFOUNDRY DISCLAIMS IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THIS SECTION DOES NOT ELIMINATE EXPRESS PRIVACY, SECURITY, CONFIDENTIALITY, OR DATA-PROCESSING OBLIGATIONS THAT HAULFOUNDRY EXPRESSLY ACCEPTS IN WRITING OR RIGHTS THAT CANNOT LAWFULLY BE WAIVED.
29. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAULFOUNDRY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOST GOODWILL, SUBSTITUTE SERVICES, MISSED OR UNCOVERED RUNS, DISPATCH ERRORS, DELAYS, INCORRECT ASSIGNMENTS, EQUIPMENT CONFLICTS, IMPORT OR EXPORT ERRORS, ALERT OR RECOMMENDATION ERRORS, DATA LOSS, BUSINESS INTERRUPTION, THIRD-PARTY FAILURES, OR SIMILAR LOSSES ARISING FROM OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAULFOUNDRY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR THE RELATIONSHIP BETWEEN THE PARTIES WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID OR PAYABLE BY THE APPLICABLE CUSTOMER TO HAULFOUNDRY FOR THE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS CAP IS COLLECTIVE, NOT PER CLAIM.
These limitations do not apply to liability that applicable law does not permit the parties to exclude or limit. Customer is responsible for reasonable contingency planning and independent verification of critical information.
30. Indemnification
To the extent permitted by law, Customer will defend, indemnify, and hold harmless HaulFoundry and its members, managers, officers, employees, contractors, affiliates, and representatives from third-party claims, liabilities, damages, losses, judgments, penalties, and reasonable expenses arising from or relating to Customer's unlawful use of the Service; material breach of these Terms; unauthorized or unlawful Customer Data; alleged violation of privacy, intellectual-property, confidentiality, employment, transportation, safety, or regulatory obligations arising from Customer's operations; failure to maintain required authority, licenses, qualifications, or insurance; misuse of Customer accounts; or Customer's violation of law.
This obligation does not apply to the extent a final determination attributes the claim to HaulFoundry's breach of an applicable written obligation, gross negligence, willful misconduct, fraud, or unlawful conduct. HaulFoundry will provide reasonably prompt notice where practicable, and delay in notice reduces the obligation only to the extent of material prejudice.
Customer may control the defense with qualified counsel, subject to HaulFoundry's right to participate with separate counsel at its own expense. Customer may not settle a claim in a manner that admits wrongdoing by HaulFoundry, imposes nonmonetary obligations or restrictions on HaulFoundry, or fails to provide a complete release, without HaulFoundry's consent, not to be unreasonably withheld.
31. Insurance and Risk Allocation
HaulFoundry may maintain insurance coverage it determines appropriate for its business. The existence, absence, type, or amount of insurance maintained by HaulFoundry does not expand HaulFoundry's contractual obligations, indemnities, warranties, or liability beyond an applicable written agreement.
Customer remains responsible for insurance appropriate to its personnel, vehicles, equipment, transportation operations, contracts, and legal obligations. Information recorded in HaulFoundry concerning insurance is for operational recordkeeping unless expressly stated otherwise and is not verification or advice about the adequacy, validity, scope, or availability of coverage.
32. Privacy, Data Processing, and Security
Use of the Service is subject to the HaulFoundry Privacy Policy. Where HaulFoundry processes personal information in Customer Data on Customer's behalf and an applicable Data Processing Addendum ("DPA") applies, the DPA controls for those processing matters to the extent of a conflict.
HaulFoundry uses reasonable administrative, technical, and organizational safeguards designed to protect personal and operational information. No method of storage, transmission, or security can guarantee absolute protection, and HaulFoundry does not guarantee that unauthorized access, disclosure, loss, or misuse will never occur.
33. Activity Logs and Electronic Records
HaulFoundry may create and retain electronic records concerning authentication, logins, invitations, roles, permissions, administrative changes, imports, exports, configurations, billing, subscription events, agreement acceptance, deletion requests, security events, and other material actions for support, security, fraud prevention, service integrity, disputes, administration, and legal compliance.
Logs may not capture every event or off-platform action and are not guaranteed to be complete, error-free, tamper-proof, forensic, or sufficient for Customer's regulatory, employment, evidentiary, or recordkeeping obligations. Account or session attribution does not necessarily prove which natural person physically used a device.
34. Legal Process
HaulFoundry may access, preserve, use, or disclose information when reasonably believed necessary to comply with law, regulation, court order, subpoena, warrant, government request, or other valid legal process; investigate fraud or security events; protect rights or safety; enforce agreements; or preserve information subject to a legal hold.
Where legally permitted and reasonably practicable, HaulFoundry may notify the affected customer. HaulFoundry may evaluate the validity and scope of a request and seek to narrow it where appropriate but does not undertake to challenge every request. Customer remains responsible for its own legal-record, discovery, and retention duties.
35. Business Transfers
If HaulFoundry is involved in a merger, acquisition, financing, investment, reorganization, sale of assets or equity, change of control, insolvency, or similar transaction, accounts, contracts, Customer Data, billing records, business records, and intellectual property may be disclosed or transferred as reasonably necessary for the transaction, subject to applicable law and confidentiality obligations.
A successor may assume HaulFoundry's obligations, subject to lawful modifications. Founding pricing is not automatically terminated merely because of a business transfer, but remains subject to its stated terms and any lawful amendment process.
36. Discontinuation or Wind-Down of the Service
HaulFoundry may discontinue all or a material part of the Service if continued operation is no longer commercially, technically, legally, or operationally practicable. For a planned discontinuation, HaulFoundry will use reasonable efforts to provide advance notice where circumstances permit and to provide a reasonable opportunity for Customer to export supported Customer Data.
Unexpected cessation, insolvency, legal restrictions, security events, or circumstances beyond reasonable control may limit notice, access, or export opportunities. Customer should not use HaulFoundry as its sole archive for records it independently must preserve.
If HaulFoundry voluntarily discontinues a paid Service before the end of a prepaid term, HaulFoundry may provide a prorated refund or credit for unused prepaid service, subject to applicable law, breach, misuse, nonpayment, or other agreed terms. No subscription, including founding or complimentary pricing, guarantees that HaulFoundry or a feature will operate indefinitely.
37. Geographic Availability, Export Controls, and Sanctions
HaulFoundry is currently designed and marketed primarily for business customers in the United States. Availability in a location does not represent that HaulFoundry satisfies every legal, privacy, transportation, regulatory, or other requirement outside jurisdictions HaulFoundry expressly supports.
Users may not access, use, export, reexport, transfer, or make the Service available in violation of applicable United States export-control, economic-sanctions, trade-restriction, or similar laws. Customer represents, to the extent required by applicable law, that Customer and its authorized users are not prohibited from receiving the Service.
HaulFoundry may restrict, suspend, or decline access where reasonably necessary to comply with applicable trade restrictions or government requirements. HaulFoundry is not a sanctions-screening or export-compliance certification service unless expressly introduced as such.
38. Mobile Applications and Distribution Platforms
HaulFoundry may make applications available through third-party app stores or distribution platforms. Use of a mobile application may also be subject to the applicable platform's terms, policies, billing requirements, privacy disclosures, and usage rules.
HaulFoundry may modify mobile functionality, distribution methods, purchasing paths, or platform availability where reasonably necessary to comply with platform requirements, security needs, technical limitations, or law. Purchases made through a third-party marketplace may be subject to that marketplace's billing, renewal, cancellation, and refund rules.
39. Support, Maintenance, Onboarding, and Training
HaulFoundry may provide support through email, in-product tools, documentation, or other channels. Unless a separate SLA states otherwise, HaulFoundry does not promise 24/7 support, an immediate response, or resolution within a specific time.
Onboarding, configuration assistance, templates, training, examples, migration help, demonstrations, and documentation are intended to explain product use and do not transfer responsibility for Customer's workflow, compliance, data accuracy, safety, employment, transportation, legal, tax, accounting, or insurance decisions.
Customer should not provide passwords, authentication codes, payment-card data, Social Security numbers, API keys, or other unnecessary secrets in support requests or screenshots.
40. Governing Law and Disputes
These Terms are governed by the laws of the State of Iowa, without regard to conflict-of-law principles, except where controlling federal law applies.
Before filing formal litigation, the parties will use reasonable good-faith efforts to resolve a dispute after written notice and will ordinarily allow 30 days for informal discussion, unless urgent equitable relief is reasonably necessary for security, intellectual property, confidentiality, data protection, fraud, or other material harm.
Unless applicable law requires otherwise or a separate written agreement provides a different forum, proceedings arising from these Terms or the Service will be brought in an appropriate state or federal court in Iowa, and each party consents to personal jurisdiction and venue there. HaulFoundry may seek relief in another appropriate jurisdiction where reasonably necessary to protect intellectual property, confidential information, systems, data, or enforceable rights. Each party bears its own fees and expenses unless applicable law, a court order, or a separate agreement provides otherwise.
41. Changes to the Service, Terms, and Pricing
HaulFoundry may evolve the Service and update these Terms as technology, features, law, security needs, and business requirements change. Material changes will receive reasonable advance notice where practicable, except that shorter notice may be appropriate for legal, security, abuse-prevention, or urgent operational reasons.
Changes generally apply prospectively and will not create retroactive payment obligations for a completed paid period absent law, correction of an error, or separate agreement. Material changes may require renewed affirmative acceptance where required by law or appropriate to the nature of the change.
Pricing changes apply to future renewal periods after reasonable notice. General pricing-change language does not override an express founding-rate commitment except as allowed by the founding terms or a lawful amendment process.
42. General Terms and Order of Precedence
The parties are independent contractors. These Terms do not create a partnership, joint venture, franchise, fiduciary relationship, employment relationship, transportation agency, freight-broker relationship, motor-carrier relationship, or authority for either party to bind the other.
Customer may not assign these Terms without HaulFoundry's consent except as part of a lawful merger, acquisition, or sale of substantially all of Customer's business. HaulFoundry may assign these Terms as part of a merger, financing, reorganization, change of control, or sale of all or part of its business, subject to applicable privacy obligations.
If a separately signed Order Form or MSA conflicts with these Terms, it controls the specific commercial subject it addresses. A DPA controls personal-data-processing matters within its scope. A separately agreed SLA controls its stated service levels. These Terms otherwise control general use and risk allocation. The Privacy Policy, Refund & Cancellation Policy, and Account & Data Deletion Policy supplement these Terms for their respective subjects. Marketing materials, demonstrations, help content, emails, and oral statements do not override the written agreement unless an authorized HaulFoundry representative expressly agrees in writing.
If a provision is unenforceable, it will be enforced or reformed to the maximum extent permitted and the remaining provisions remain effective. Failure to enforce a provision is not a waiver. Headings are for convenience. Except for parties expressly protected by indemnity or limitation provisions and any rights required by an applicable app-store agreement, there are no third-party beneficiaries. Electronic acceptance and records may be used to evidence agreement.
43. Notices and Contact
Customer agrees to receive account, contractual, billing, security, privacy, and operational notices electronically at current Owner, Administrator, billing, or account contact information, through the Service, or through another reasonable electronic method. Customer is responsible for maintaining monitored, current contact information.
Formal legal notices to HaulFoundry may be sent to support@gethaulfoundry.com unless HaulFoundry designates a different legal-notice address through the Service, the website, or an updated version of these Terms. Privacy requests may be sent to privacy@gethaulfoundry.com. Customer is responsible for keeping its Owner, Administrator, billing, and account contact information current.