These SMS Terms and Conditions (these “SMS Terms”) govern the text messages sent by Datatruck, Inc., a Delaware corporation (the “Company,” “we,” “us,” or “our”), to individuals who opt in to receive them (“you” or “your”). They apply whether you are a prospective customer who contacts or a user of the Datatruck platform and related services (the “Platform”).

Please read these SMS Terms carefully. BY OPTING IN TO RECEIVE TEXT MESSAGES FROM US, YOU AGREE TO THESE SMS TERMS. IF YOU DO NOT AGREE, DO NOT OPT IN. You can withdraw your consent at any time as described in Section 5.

1. Acceptance of These SMS Terms

1.1 By providing your mobile telephone number (your “Mobile Number”) and opting in as described in Section 3, you accept and agree to be bound by these SMS Terms.

1.2 You must be at least 18 years old, or the age of majority in your jurisdiction, to participate. By opting in, you represent that you meet this requirement.

1.3 These SMS Terms supplement our Terms of Service and Privacy Policy, which are incorporated by reference. If these SMS Terms conflict with the Terms of Service on any matter relating to text messages, these SMS Terms control. On all other matters, the Terms of Service control.

2. Program description

2.1 Datatruck is a transportation management system (TMS) for trucking carriers and freight brokers. If you opt in, we may send text messages (“Messages”) to your Mobile Number through our SMS program (the “SMS Program”). Messages may include:

1.  demo scheduling, confirmations, and reminders;

2.  follow-ups from our team about your inquiry;

3.  customer support communications and replies to your requests; and

4.   service and account notices relating to your use of the Platform, such as onboarding, billing, and important updates.

2.2 We do not use the SMS Program to send general advertising or promotional campaigns unrelated to your inquiry or your account. If we ever wish to send such messages, we will first ask for your separate consent, as described in Section 10.2.

2.3 Messages may be sent individually by members of our team or by automated technology, including scheduled reminders and automated replies. Messages are sent through our third-party messaging provider.

2.4 Message frequency varies based on your inquiry, your account activity, and how you interact with us.

3. Consent and Enrollment

3.1 How You Opt In. You may opt in to the SMS Program by any of the following methods:

1.  entering your Mobile Number and checking the SMS consent box on a Datatruck web form;

2.  enabling text messages in your account settings on the Platform, where available; or

3.  sending a text message to a Datatruck phone number. In this case, your consent covers our replies to that conversation only, unless you opt in by another method above.

The SMS consent box is never pre-checked. You can submit any Datatruck web form without checking it.

3.2 Your consent to receive Messages is optional. It is not a condition of purchasing any product or service from us or of using the Platform.

3.3 By opting in, you expressly consent to receive Messages from the Company at the Mobile Number you provide, including Messages sent using automated technology, for the purposes described in Section 2.1. Your consent applies only to Messages from the Company. We do not transfer your consent to any third party.

3.4 you opt in, we may send you a single Message confirming your enrollment, together with instructions for help and opting out.

3.5 We keep records of your consent and of any opt-out request, including the date, time, and method, to demonstrate compliance with applicable law.

4. Message and Data Rates

The Company does not charge you for Messages. However, message and data rates may apply to Messages we send to you and Messages you send to us, according to your mobile service plan. You are solely responsible for these charges. Contact your wireless carrier with questions about your plan.

5. How to opt out

5.1 You may opt out of the SMS Program at any time by replying STOP to any Message. We also honor the replies STOPALL, CANCEL, END, QUIT, UNSUBSCRIBE, REVOKE, and OPT OUT.

5.2 You may also opt out by any other reasonable means, including by replying with words that clearly express your wish to stop receiving Messages (for example, “don’t text me”), emailing info@datatruck.io, calling +1 708 887 2386, or changing your account settings on the Platform.

5.3 After you opt out, we may send you one final Message confirming your request.

5.4 We will process your opt-out request promptly, and in any event within the time required by applicable law. A request made through a method other than replying to a Message may take up to ten (10) business days to process.

5.5 Opting out stops all Messages under the SMS Program to that Mobile Number. It does not affect your use of the Platform or our communications with you by email or other channels, which are governed by our Terms of Service and Privacy Policy. Some Platform features that rely on text messages may no longer be available to you.

5.6 To rejoin the SMS Program, opt in again through a Datatruck web form.

6. How to get help

Reply HELP to any message for assistance. You can also reach our team directly:

• Phone: +1 708 887 2386

• Email: info@datatruck.io
  

7. Your Responsibilities

7.1 You represent that you are the subscriber or customary user of the Mobile Number you provide, or that you have the subscriber’s authorization to enroll it. You may not enroll a mobile number that belongs to another person, including an employee, driver, or contractor, without that person’s consent.

7.2 If your Mobile Number changes, is disconnected, or is transferred to someone else, you agree to notify us promptly by replying STOP from that number, emailing info@datatruck.io, or updating your account settings. This helps prevent Messages from reaching the number’s new owner.

7.3 To the extent permitted by law, you agree to indemnify and hold harmless the Company from any third-party claims, losses, and expenses, including reasonable attorneys’ fees, arising from your enrollment of a mobile number you were not authorized to enroll. This Section does not apply to claims arising from the Company’s own failure to honor an opt-out request.

7.4 Text messaging is not a secure channel. Do not send passwords, payment card numbers, bank account details, government identification numbers, or other sensitive information to us by text message. We will never ask you for your password by text message.

7.5 You agree not to use the SMS Program to send unlawful, abusive, or harassing content.

8. Carriers, Availability, and Delivery

8.1 The SMS Program is available on participating wireless carriers. Not every carrier, device, or plan is supported.

8.2 Wireless carriers are not liable for delayed or undelivered Messages.

8.3 Delivery of Messages depends on your carrier, device, network coverage, and other factors outside our control. We do not guarantee that any Message will be delivered or received on time, or at all. Do not rely on Messages for emergency or time-critical matters.

8.4 The SMS Program may not be available in every country or region. Where the laws of your jurisdiction impose additional requirements on text messaging, we will comply with them, and those requirements will apply in addition to these SMS Terms.

9. Privacy and Security

9.1 No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. We do not sell or rent your Mobile Number.

9.2 We share your Mobile Number and Message content only with service providers that help us operate the SMS Program, such as our messaging platform and wireless carriers, and only as needed to deliver Messages. These providers may not use your information for their own purposes.

9.3 We may disclose information where required by law, regulation, or valid legal process.

9.4 Our Privacy Policy explains how we collect, use, and protect your information, and the rights you may have regarding it.

10. Changes to These SMS Terms and the SMS Program

10.1 We may revise these SMS Terms from time to time. We will post the revised version on this page and update the “Last updated” date. If we make material changes, we will also notify you by Message or email before they take effect. Your continued participation in the SMS Program after the effective date means you accept the revised SMS Terms. If you do not agree, you may opt out at any time.

10.2 We will not begin sending you new categories of Messages, such as general promotional messages, based on your existing consent. We will ask for your separate consent first.

10.3 We may suspend or end the SMS Program, in whole or in part, at any time. Your right to opt out is not affected.

11. Disclaimer of Warranties

THE SMS PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT MESSAGES WILL BE DELIVERED, TIMELY, OR ERROR-FREE.

12. Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE SMS PROGRAM, INCLUDING ANY DELAY IN OR FAILURE OF DELIVERY OF ANY MESSAGE, OR YOUR RELIANCE ON THE CONTENT OF ANY MESSAGE. THE LIMITATIONS IN SECTION 17 OF THE TERMS OF SERVICE ALSO APPLY.

NOTHING IN THESE SMS TERMS EXCLUDES OR LIMITS ANY LIABILITY OR ANY RIGHT YOU HAVE THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING YOUR RIGHTS UNDER CONSUMER PROTECTION AND TELEPHONE COMMUNICATIONS LAWS.

13. Governing Law and Dispute Resolution

These SMS Terms, and any dispute arising from or relating to them or the SMS Program, are governed by the provisions of the Terms of Service on Governing Law and Jurisdiction (Section 19), Arbitration (Section 20), and Limitation on Time to File Claims (Section 21). Where those provisions conflict with mandatory law that protects you, the mandatory law controls.

14. General

14.1 No waiver by the Company of any term of these SMS Terms is a further or continuing waiver of that term or any other term. If any provision of these SMS Terms is held invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

14.2 These SMS Terms, together with the Terms of Service and Privacy Policy, are the entire agreement between you and the Company regarding the SMS Program.

15. Contact Us

If you have any questions about these SMS Terms or the SMS Program, please contact us at:

Datatruck, Inc.

1400 Opus Place, Suite 904

Downers Grove, IL 60515

Phone: +1 708 887 2386

Email: info@datatruck.io