These Terms of Service govern your access to and use of the websites, products, and services of Waypoint True, Inc., a Wyoming corporation (“Waypoint True,” “we,” “us,” or “our”), including waypointtrue.com, Verity (our Hours-of-Service compliance-auditing platform available at verityhos.com), and any other current or future Waypoint True product, application, or service (collectively, the “Services”). By accessing or using any of the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.
Waypoint True builds software for trucking and transport operations. Our Services currently include Verity, a compliance-auditing platform that reads electronic logging device (ELD) exports and related records, checks them against applicable Hours-of-Service regulations, and surfaces findings for review by your personnel. These Terms apply to all Waypoint True Services, current and future, unless a specific Service is governed by a separate written agreement between you and us, in which case that agreement controls for that Service.
The Services are decision-support tools. They do not provide legal advice, and no output of the Services — including findings, flags, scores, or summaries — constitutes a legal determination of compliance with 49 CFR Part 395 or any other law or regulation. You and your qualified personnel remain solely responsible for your regulatory compliance, for reviewing and acting on the Services’ output, and for all decisions affecting your drivers and operations.
You must be at least 18 years old and capable of forming a binding contract to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate information when creating an account and to keep it current. We may suspend or terminate accounts that violate these Terms.
“Customer Data” means any data, files, or other content you or your users submit to the Services, including ELD exports, driver logs, supporting documents, and information submitted through our forms. As between you and Waypoint True, you retain all ownership rights in Customer Data.
You grant Waypoint True a worldwide, non-exclusive, royalty-free, transferable, sublicensable (solely to our service providers) license to host, store, copy, transmit, process, display, analyze, and create derivative works of Customer Data:
We do not sell Customer Data. We do not rent it, trade it, or disclose it to third parties for their own marketing or commercial use. Disclosure is limited to the purposes described in our Privacy Policy: to service providers acting on our behalf, when required by law, or in connection with a corporate transaction as described there.
You represent and warrant that you have all rights, consents, and authorizations necessary to submit Customer Data to the Services and to grant the license above, including any notices to or consents from drivers or other individuals whose information appears in Customer Data.
You agree not to, and not to permit anyone else to:
The Services — including all software, models, parsers, interfaces, designs, text, and trademarks — are owned by Waypoint True or its licensors and are protected by intellectual-property laws. Except for the limited right to use the Services under these Terms, no rights are granted to you. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.
Paid features of the Services are billed as described at the time of purchase or in an order form. Except where required by law, fees are non-refundable. We may change pricing prospectively with notice; continued use after a price change takes effect constitutes acceptance.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAYPOINT TRUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL IDENTIFY EVERY COMPLIANCE ISSUE, THAT THEIR FINDINGS ARE COMPLETE OR CORRECT, OR THAT USE OF THE SERVICES WILL RESULT IN COMPLIANCE WITH ANY LAW OR REGULATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WAYPOINT TRUE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, OR FOR ANY FINES, PENALTIES, OR ENFORCEMENT ACTIONS ARISING FROM YOUR REGULATORY OBLIGATIONS; AND (B) WAYPOINT TRUE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify, and hold harmless Waypoint True and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Data, including any claim that Customer Data was collected or submitted without required rights, notices, or consents; (b) your use of the Services in violation of these Terms or applicable law; or (c) your operations, including any regulatory enforcement action, audit finding, or dispute involving your drivers.
You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time for breach of these Terms, for risk to the Services or other users, or upon discontinuation of a Service, with notice where practicable. Upon termination, your license to use the Services ends; Sections 4, 6, and 8 through 14 survive. Following termination we will delete or de-identify Customer Data in the ordinary course consistent with our Privacy Policy, subject to legal retention requirements and routine backups.
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally will be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in English by a single arbitrator. YOU AND WAYPOINT TRUE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS — NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
We may update these Terms from time to time. If we make material changes, we will post the updated Terms on this page and update the “Last updated” date, and where appropriate provide additional notice. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
Questions about these Terms? Reach us through the contact form at waypointtrue.com/contact — we read everything.