User Agreement

Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account. If you use the Service on behalf of a company or jobsite, you represent that you have authority to bind that organization to this Agreement.

The Service

HaulTrack is a digital record-keeping and operations tool that helps construction teams log haul and loader activity, capture pre-shift equipment checks, record geofenced zone activity, share jobsite data, and view operational statistics. Features may vary by role, organization configuration, and subscription status. We may modify, suspend, or discontinue features at any time.

The Service is software for documenting and organizing information that you and your organization choose to enter or enable. It is not a government agency, certifying body, insurer, or legal authority, and it does not replace independent professional judgment, licensed engineering review, or compliance programs your organization is required to maintain.

Accounts and access

• You are responsible for maintaining the confidentiality of your sign-in credentials.
• You are responsible for activity that occurs under your account, except where caused by our failure to maintain reasonable security.
• Organization administrators may assign roles, manage jobsite membership, and control access within their organization.
• You must provide accurate account information and keep it current.

Acceptable use

You agree not to:

• Use the Service in violation of law or third-party rights.
• Attempt to gain unauthorized access to accounts, data, systems, or non-public areas of the Service.
• Interfere with or disrupt the Service, including by introducing malware or abusive automated traffic.
• Upload or transmit content that is unlawful, deceptive, harassing, or harmful.
• Reverse engineer or attempt to extract source code except where permitted by law.
• Use the Service to monitor individuals without appropriate notice and authorization where required by law.

Organization and jobsite data

Data entered into a jobsite, including haul and loader logs, pre-shift checks, photos, geofence and location events, incident history, and time records, may be visible to other authorized users in that organization according to role permissions. Your organization, not HaulTrack, is responsible for how it uses operational data, workforce monitoring and notice policies, and compliance with applicable employment, safety, privacy, and regulatory laws. Your organization is also responsible for the accuracy of data its users enter and for any decisions made in reliance on Service records or reports.

Personal devices

HaulTrack is accessible through a standard web browser and does not require the use of any specific device, and does not require you to use a personally owned phone, tablet, or computer to access the Service.

If your employer, organization, or any other party requires or expects you to use a personal device to access the Service on a jobsite or elsewhere, that requirement is between you and that party, not us. We are not responsible for that requirement, and we disclaim all liability for any cost, damage, loss, security issue, or dispute arising from the use of a personal device to access the Service, including any reimbursement obligation an employer or organization may or may not have to you under applicable law.

SMS terms

If you provide a mobile phone number and consent to receive SMS messages from HaulTrack, the following terms apply:

• We may send transactional SMS messages related to security alerts, account activity, or Service operations.
• We do not send marketing SMS messages unless you separately opt in where that option is offered.
• Message frequency varies.
• Message and data rates may apply.
• Carriers are not liable for delayed or undelivered messages.
• Reply STOP to opt out of SMS where supported, or contact us at the email below.
• Reply HELP for help where supported, or contact us at the email below.

Privacy

Our Privacy Policy explains how we collect and use information. By using the Service, you also agree to our Privacy Policy.

Intellectual property

The Service, including software, branding, and documentation, is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during the term of this Agreement. You retain ownership of data you submit, subject to the rights needed for us to operate the Service.

Third-party services

The Service may integrate with third-party services such as authentication providers, cloud infrastructure, SMS providers, and public data sources. Your use of those services may be subject to separate terms and policies.

Record-keeping tool; no legal or safety certification

HaulTrack is a record-keeping and operational logging tool. Reports, audit trails, safety records, geofenced zone logs, incident history, pre-shift check records, photos, timestamps, and exported compliance packages are informational artifacts generated from data entered or captured through the Service. They are not official legal findings, safety certifications, regulatory approvals, or warranties of compliance.

We do not guarantee that any record, report, or audit trail produced by the Service will completely satisfy the requirements of insurers, project owners, general contractors, OSHA or other occupational safety regulators, courts, arbitrators, auditors, or any other third party. Your organization remains solely responsible for determining whether its use of the Service, and any documentation generated from it, meets applicable legal, contractual, insurance, or regulatory standards.

• We do not certify jobsites, equipment, operators, materials, or workmanship.
• We do not act as your safety officer, compliance officer, or legal counsel.
• Retention or export of records in the Service does not create a guarantee of admissibility, completeness, or regulatory acceptance.
• Third-party reliance on Service records is at that third party's and your organization's own risk.

Disclaimer of warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that the Service will be uninterrupted, timely, secure, error-free, or free of bugs, missed syncs, data conflicts, outages, or other failures. Software used for jobsite compliance logging, pre-shift 360 checks, material reconciliation, geofencing, location tracking, and related workflows can occasionally encounter defects, delayed or failed synchronization (including offline or intermittent connectivity), incomplete uploads, clock or timezone discrepancies, GPS or device compass/heading inaccuracy, or user input errors. We do not warrant that any particular entry, photo, location point, timestamp, directional indicator, total, report, or audit trail is accurate, complete, or current.

Operational, safety, and commercial data in the Service is primarily entered or initiated by users in the field or configured by your organization. You and your organization are solely responsible for verifying critical operational, safety, compliance, payroll, billing, and business decisions using appropriate independent processes, inspections, and professional judgment. We do not warrant that the Service is suitable for every jobsite use case or that it will detect every hazard, defect, shortage, or compliance gap.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, to the maximum extent permitted by law we will not be liable for project delays, schedule impacts, liquidated damages, idle equipment or crew costs, lost productivity, material shortages or overages, billing or pay disputes, regulatory fines or penalties, stop-work orders, insurance claim denials, OSHA or other agency citations, structural disputes, construction defect claims, personal injury or property damage claims, or any other loss arising from inaccurate, incomplete, delayed, or missing data entries; user input errors; missed or failed syncs; Service downtime or unavailability; GPS or telemetry inaccuracy; or reliance on reports, audit trails, or other outputs of the Service.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You will defend, indemnify, and hold us harmless from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Service; your data; your organization's workforce monitoring or notice practices; submissions of Service records or reports to insurers, project owners, regulators, or other third parties; reliance by you or others on Service outputs as evidence of legal or safety compliance; or your violation of this Agreement or applicable law.

Suspension and termination

We may suspend or terminate access to the Service if you violate this Agreement, if required by law, or if necessary to protect the Service or other users. You may stop using the Service at any time. Sections that by their nature should survive termination will survive, including intellectual property, record-keeping and non-certification terms, disclaimers of warranties, limitations of liability, and indemnification.

Governing law

This Agreement is governed by the laws of the State of Indiana and the United States, without regard to conflict-of-law principles. Exclusive venue for disputes arising out of this Agreement will be in the state or federal courts located in Indiana, and you consent to personal jurisdiction in those courts.

Changes to this Agreement

We may update this Agreement from time to time. If we make material changes, we will post the updated Agreement on this page and update the effective date above. Your continued use of the Service after changes become effective means you accept the revised Agreement.

Contact us

For questions about this Agreement, email lepperj@haultrack.org.