Terms of Service

FleetMark — operated by FleetMark LLC. Effective date: June 24, 2026. Last updated: June 24, 2026.

These Terms of Service ("Terms") govern access to and use of the websites and software platform (the "Service") provided by FleetMark LLC ("FleetMark," "we," "us"). By creating an account or using the Service, you ("Subscriber") agree to these Terms.

1. The Service

FleetMark provides a cloud-based fleet-dispatch and operations platform for transportation operators, including dispatch and scheduling, invoicing, reporting, messaging, and related features. Features vary by plan and may change over time.

2. Accounts & Eligibility

The Service is intended for businesses. Subscriber must provide accurate registration information, keep account credentials secure, and is responsible for all activity under its account and by its users. Subscriber represents that the person creating the account is authorized to bind the Subscriber to these Terms.

3. Subscriptions, Fees & Taxes

Plans, fees, and billing cycles are as presented at signup. Fees are recurring and may auto-renew unless cancelled as described at signup or in account settings. Subscriber authorizes recurring charges and is responsible for applicable taxes. We may change pricing on reasonable advance notice.

4. Subscriber Data & Ownership

As between the parties, Subscriber owns its data (such as client and passenger records, trips, and invoices) that it provides to or generates within the Service. Subscriber grants FleetMark a limited license to host, process, and transmit that data solely to provide and support the Service.

Protected Health Information (PHI). Where a Subscriber's use of the Service involves PHI, the parties' obligations regarding that PHI are governed by a separate Business Associate Agreement (BAA), which controls over these Terms as to PHI. Subscriber agrees not to submit PHI to the Service unless and until a BAA is in effect between the parties. FleetMark may suspend or restrict access, or require BAA execution, to address PHI submitted without a BAA.

5. Subscriber Responsibilities & Compliance

Subscriber is solely responsible for: (a) having all rights and lawful basis to submit its data to the Service; (b) its own compliance with laws applicable to its business, including, where relevant, HIPAA and state transportation, Medicaid, and broker requirements; (c) maintaining its own compliance program, policies, and personnel training; (d) the acts and omissions of its own users; and (e) configuring its access controls appropriately. FleetMark provides the platform; the Subscriber's regulatory compliance is the Subscriber's responsibility.

6. Payment Processing

Where Subscriber collects payments from its own customers through the Service, such processing is handled through our payment provider, and Subscriber is responsible for its own merchant obligations, pricing, taxes, and customer relationships. FleetMark does not set Subscriber's prices or make Subscriber's billing decisions — the Service executes the rates and charges that Subscriber configures.

7. SMS / Text Messaging

This section describes the FleetMark Notifications messaging program. The Service can send text messages (SMS/MMS) relating to transportation operations — such as ride and dispatch notifications, status updates, scheduling information, and payment links — on behalf of Subscribers and to their authorized users and drivers.

Consent. Messages are sent only to individuals who have provided consent, or where otherwise permitted by law. By providing a mobile number in connection with the Service, you consent to receive operational text messages at that number.

No sale or sharing of mobile information. Mobile phone numbers and consent are used solely to deliver the messages described above. We do not sell mobile phone numbers, and we do not share them with third parties or affiliates for their own marketing purposes. Numbers are shared only with our messaging-delivery provider strictly to transmit messages.

Message frequency varies based on operational activity.

Message and data rates may apply.

Opt out at any time by replying STOP; reply HELP for help.

Content. Operational text messages are limited to logistics information (such as date, time, and location); identifying and sensitive details remain within the authenticated Service.

For help with messaging, contact us at John@myfleetmark.com or 563-424-0819. See also our Privacy Policy.

8. Acceptable Use

Subscriber will not use the Service unlawfully; infringe others' rights; interfere with or disrupt the Service; attempt unauthorized access; or resell the Service except as permitted. Subscriber will not use the messaging features to send unlawful, deceptive, or unconsented messages.

9. Intellectual Property

FleetMark owns the platform, software, and all related intellectual property, except Subscriber Data. No rights are granted except the limited right to use the Service under these Terms.

10. No Compliance Warranty; No Legal or Medical Advice

FleetMark provides software designed to support Subscriber's operations and, under a BAA, HIPAA-aligned handling of PHI. Use of the Service does not, by itself, make Subscriber compliant with HIPAA or any other law, and FleetMark does not warrant Subscriber's compliance. FleetMark does not provide legal, regulatory, or medical advice.

11. Warranties & Disclaimers

Except as expressly stated, the Service is provided "as is" and "as available," and FleetMark disclaims implied warranties to the fullest extent permitted by law.

12. Limitation of Liability

To the fullest extent permitted by law, FleetMark will not be liable for indirect, incidental, special, consequential, or punitive damages, and FleetMark's aggregate liability arising out of or relating to the Service is limited to the fees paid by Subscriber in the twelve months preceding the claim. Obligations regarding PHI are governed by the BAA.

13. Indemnification

Subscriber will indemnify and hold FleetMark harmless from claims arising out of (a) Subscriber's data and its right to submit it, (b) Subscriber's violation of law or these Terms (including submitting PHI without a BAA), and (c) the acts or omissions of Subscriber's users.

14. Term, Termination & Data Export

Either party may terminate as provided in the applicable plan or agreement. On termination, Subscriber may export its data within a reasonable window, after which FleetMark may delete it, subject to the BAA for PHI and to applicable law. FleetMark may suspend access for non-payment or violation of these Terms.

15. Changes to the Service or Terms

FleetMark may modify the Service and update these Terms on reasonable notice. Continued use after changes take effect constitutes acceptance.

16. Governing Law

These Terms are governed by the laws of the State of Iowa, without regard to its conflict-of-laws rules. [Dispute-resolution and venue terms to be finalized.]

17. Contact

FleetMark LLC

415 3rd St. SE #302, Cedar Rapids, IA 52401

Email: apps@myfleetmark.com

Phone: 563-424-0819