Terms of Service

Effective Date: February 13, 2026 | Last Updated: February 13, 2026

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "you," or "your") and Derrick Lamont Williams Estate Trucking LLC, an Arizona limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the FleetCommand Pro platform, the website at derricktransport.com, and all associated services, software applications, and tools (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

IMPORTANT NOTICE: These Terms contain a binding arbitration clause and class action waiver in Section 19 that affects your legal rights. Please read them carefully. By agreeing to these Terms, you agree to resolve most disputes through individual arbitration rather than court proceedings and waive your right to participate in class actions.

1. Acceptance of Terms

By creating an account, accessing, or using any part of the Services, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal capacity and authority to enter into this Agreement; (c) if you are accepting these Terms on behalf of a business entity, you have the authority to bind that entity to these Terms; and (d) your use of the Services will comply with all applicable federal, state, and local laws and regulations.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the platform at least thirty (30) days before they take effect. Your continued use of the Services after the effective date of any modification constitutes acceptance of the modified Terms.

2. Description of Services

2.1 Software Platform

FleetCommand Pro is a cloud-based transportation management software platform ("Platform") that provides tools for fleet management, load dispatching, driver management, invoicing, compliance tracking, document management, route optimization, and related functionality for motor carriers, owner-operators, freight brokers, and logistics companies operating within the United States.

2.2 Transportation Services

In addition to the Platform, the Company may provide or facilitate transportation and logistics services, including freight hauling, load matching, dispatch services, and fleet consultation. The scope and availability of transportation services are subject to separate agreements and applicable regulations.

2.3 Service Availability

We strive to maintain 99.9% uptime for the Platform. However, we do not guarantee uninterrupted, error-free, or secure access. We may temporarily suspend the Services for maintenance, updates, or upgrades with reasonable advance notice where practicable. We are not liable for any interruption, delay, or error in the Services.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, you must create an account by providing accurate, current, and complete registration information. You agree to update your information promptly to keep it accurate and current.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to: (a) violation of these Terms; (b) suspected fraudulent, abusive, or illegal activity; (c) non-payment of fees; or (d) requests by law enforcement or government agencies.

4. Subscription Plans and Payment

4.1 Fees

Access to certain features of the Platform requires a paid subscription. Current pricing, plan details, and feature availability are displayed on our website. All fees are quoted in U.S. dollars and are non-refundable unless otherwise stated or required by law.

4.2 Billing and Payment

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. You authorize us to charge your designated payment method for all applicable fees. If payment fails, we may suspend your access to paid features until payment is received.

4.3 Price Changes

We may adjust pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle following at least thirty (30) days' written notice. Your continued use of the Services after a price change constitutes acceptance of the new pricing.

4.4 Taxes

You are responsible for all applicable taxes, duties, and governmental fees (excluding taxes based on our net income) related to your use of the Services. We will charge applicable sales tax where required by law.

4.5 Free Trials

We may offer free trial periods at our discretion. At the end of a free trial, your account will automatically convert to a paid subscription unless you cancel before the trial period expires. We reserve the right to limit or terminate free trial offers at any time.

5. User Responsibilities and Conduct

5.1 Lawful Use

You agree to use the Services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations, including but not limited to:

5.2 Prohibited Uses

You agree not to:

5.3 User Data Accuracy

You are solely responsible for the accuracy, quality, integrity, legality, and reliability of all data, information, and content that you submit to the Platform ("User Data"). We have no obligation to verify the accuracy of User Data. Falsification of records submitted through the Platform, including but not limited to hours-of-service logs and inspection reports, may constitute a federal offense under 49 U.S.C. 521(b)(2)(B).

6. Intellectual Property

6.1 Company IP

The Platform, including all software, code, databases, designs, text, graphics, logos, trademarks, service marks, trade names, and other content and materials (collectively, "Company IP"), is the exclusive property of the Company and is protected by United States and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Company IP except for the limited license to use the Services as described herein.

6.2 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during the term of your subscription. This license does not include the right to: (a) modify or create derivative works of the Platform; (b) sublicense or transfer the license to any third party; or (c) use the Platform for the benefit of any third party.

6.3 User Content License

You retain ownership of all User Data you submit to the Platform. By submitting User Data, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, reproduce, and display your User Data solely to the extent necessary to provide, maintain, and improve the Services. This license terminates when you delete your User Data or close your account, except to the extent we are required to retain such data by law or regulation.

6.4 Feedback

If you provide suggestions, ideas, or other feedback regarding the Services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Services without any obligation to you.

7. Confidentiality

Each party agrees to maintain the confidentiality of any proprietary or confidential information received from the other party ("Confidential Information"). Confidential Information includes but is not limited to: business plans, customer lists, financial data, trade secrets, technical specifications, and non-public features of the Platform. This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without reference to the disclosing party's Confidential Information; or (d) is required to be disclosed by law, regulation, or court order.

8. Third-Party Integrations

The Services may integrate with or provide access to third-party services, applications, and websites ("Third-Party Services"), including but not limited to ELD devices, GPS providers, payment processors, load boards, mapping services, and accounting software. Your use of Third-Party Services is subject to the terms and conditions and privacy policies of those third parties. We are not responsible for the functionality, availability, accuracy, or security of any Third-Party Services. We make no warranties or representations regarding Third-Party Services and shall not be liable for any loss or damage arising from your use of them.

9. Disclaimers and Limitations of Liability

9.1 "As Is" and "As Available"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.2 No Professional Advice

The information and tools provided through the Services are for general informational and operational purposes only and do not constitute legal, tax, accounting, insurance, or professional advice. You should consult qualified professionals for advice specific to your situation. Compliance features within the Platform are designed to assist with -- but do not guarantee -- regulatory compliance. You remain solely responsible for ensuring your operations comply with all applicable laws and regulations.

9.3 Software Disclaimer

THE PLATFORM IS A SOFTWARE TOOL AND NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT. The Company does not guarantee the accuracy, completeness, or reliability of any calculations, reports, route suggestions, compliance alerts, or other outputs generated by the Platform. Errors in data input will result in errors in data output. You are solely responsible for verifying all information and outputs before acting on them. The Company shall not be liable for any decisions made or actions taken based on information provided through the Platform.

9.4 Transportation Services Disclaimer

To the extent the Company provides or facilitates transportation services: (a) we operate as a motor carrier or broker as identified in our operating authority; (b) all shipments are subject to applicable federal and state transportation regulations; (c) liability for loss or damage to cargo is governed by the Carmack Amendment (49 U.S.C. 14706) and applicable tariff or contract terms; and (d) we maintain insurance coverage as required by 49 CFR Part 387.

9.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its members, managers, officers, employees, agents, contractors, and affiliates from and against any and all claims, demands, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

11. Insurance Requirements

If you use the Services in connection with motor carrier operations, you represent and warrant that you maintain all insurance coverage required by federal and state law, including but not limited to:

You agree to provide proof of current insurance coverage upon our request. Failure to maintain required insurance constitutes a material breach of these Terms.

12. Compliance with Laws

You represent and warrant that you hold all licenses, permits, and operating authority required to conduct your business, including but not limited to: USDOT number, Motor Carrier (MC) number, state operating authority, Unified Carrier Registration, and any additional permits required by the jurisdictions in which you operate. You agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to FMCSA safety regulations, DOT requirements, environmental regulations, employment laws, tax obligations, and anti-discrimination laws. Your failure to comply with applicable laws constitutes a material breach of these Terms.

13. Data Processing and Security

13.1 Data Processing

Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

13.2 Data Backup

While we implement regular data backup procedures, you are responsible for maintaining your own backups of critical data. We are not liable for any data loss, corruption, or destruction, regardless of cause.

13.3 Data Portability

Upon termination of your account, you may request an export of your User Data in a standard machine-readable format. We will make such data available for download for thirty (30) days following account termination. After this period, we may delete your data in accordance with our retention policies and applicable law.

14. Service Level and Support

14.1 Support

We provide customer support through email and in-app chat during regular business hours (Monday through Friday, 8:00 AM to 6:00 PM Mountain Time, excluding federal holidays). Premium support with extended hours and priority response times may be available under certain subscription plans.

14.2 Maintenance

We may perform scheduled maintenance that temporarily affects the availability of the Services. We will provide reasonable advance notice of scheduled maintenance. Emergency maintenance may be performed without advance notice when necessary to maintain the security or integrity of the Platform.

15. Term and Termination

15.1 Term

These Terms are effective as of the date you first access or use the Services and continue until terminated by either party.

15.2 Termination by You

You may terminate your account at any time by contacting us or using the account cancellation feature in the Platform. Termination does not entitle you to a refund of any prepaid fees unless required by applicable law.

15.3 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services ceases immediately.

15.4 Survival

The following sections survive termination of these Terms: Intellectual Property (Section 6), Confidentiality (Section 7), Disclaimers and Limitations of Liability (Section 9), Indemnification (Section 10), Governing Law (Section 18), Arbitration (Section 19), and any other provisions that by their nature are intended to survive.

16. Force Majeure

Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, embargoes, acts of government, fire, floods, strikes, lockouts, power failures, internet or telecommunications outages, cyberattacks, or other events beyond the reasonable control of the affected party. The affected party must promptly notify the other party and make reasonable efforts to mitigate the impact of the event.

17. Non-Solicitation of Customers

During the term of your subscription and for twelve (12) months following termination, you agree not to directly solicit or attempt to redirect any customer, shipper, or broker relationship that was established or facilitated through the Platform, for the purpose of circumventing the Company's fee structure or business relationship.

18. Governing Law and Jurisdiction

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. To the extent that federal law applies (including the Federal Arbitration Act, 9 U.S.C. 1-16, and federal transportation regulations), such federal law shall govern.

18.2 Jurisdiction

For any claims not subject to arbitration under Section 19, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. Dispute Resolution and Arbitration

19.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@derricktransport.com and attempt to resolve the dispute informally for at least sixty (60) days. Most disputes can be resolved through this informal process.

19.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (except for claims identified in Section 19.5) shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, the Supplementary Procedures for Consumer-Related Disputes. Arbitration shall take place in Maricopa County, Arizona, or at another mutually agreed location. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

19.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

19.4 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY COURT PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

19.5 Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or Confidential Information. Additionally, claims brought in small claims court are exempt from this arbitration provision.

19.6 Opt-Out

You may opt out of the arbitration and class action waiver provisions of this Section 19 by sending written notice to legal@derricktransport.com within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, address, email, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the courts identified in Section 18.2.

20. General Provisions

20.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous oral or written agreements, proposals, negotiations, representations, and understandings.

20.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

20.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any right or provision shall be effective only if made in writing and signed by an authorized representative of the Company.

20.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of this section is void.

20.5 Notices

Notices to the Company must be sent to: Derrick Lamont Williams Estate Trucking LLC, 8427 West Glendale Avenue, Glendale, AZ 85305, or by email to legal@derricktransport.com. Notices to you will be sent to the email address associated with your account or through the Platform. Notices are deemed received upon delivery for in-person or courier delivery, upon sending for email, or three (3) business days after deposit in the U.S. mail for first-class mail.

20.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement, except for the Company's affiliates, members, and managers, who are intended third-party beneficiaries of the liability limitations and indemnification provisions.

20.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

20.8 Independent Contractors

The relationship between you and the Company is that of independent contracting parties. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and the Company.

21. Contact Information

For questions about these Terms of Service, please contact us at:

Derrick Lamont Williams Estate Trucking LLC
8427 West Glendale Avenue
Glendale, AZ 85305
Email: legal@derricktransport.com