Terms of service

Thank you for your interest in our services. Read carefully the terms of service and privacy policy incorporated herein before you start using the Truckersky mobile app or Truckersky web platform, as these terms of service shall govern your use of our services.

BY DOWNLOADING, INSTALLING OR USING THE APP OR THE PLATFORM (AS DEFINED IN PT. 1 BELOW) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED TO BE BOUND BY THESE TERMS OF SERVICE. YOU ALSO AGREE ON OUR PRIVACY POLICY AS DEFINED IN SECTION 15 BELOW. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE OR OUR PRIVACY POLICY, YOU SHALL NOT USE OUR SERVICES.

1. Definitions

Each time the one of the following terms is used in this document, it shall have the following meaning:

  • 1.1 Account – User’s account in the App or the Platform.
  • 1.2 Administrator – Truckerbook limited liability company, mailing address: P.O. Box 2416, Bridgeview, Illinois, 60455, phone number: +1 708 459 8822, e-mail: contact@truckersky.us.
  • 1.3 Agreement – this terms of service containing end user license agreement together with privacy policy included in section 15 below.
  • 1.4 App – Truckersky mobile application dedicated to truck drivers, downloadable free of charge from the Administrator’s website www.truckersky.us, Apple store (www.apple.com) and Google play (https://play.google.com/store).
  • 1.5 Platform – Truckersky website platform dedicated to trucking companies, available at www.truckersky.us.
  • 1.6 Services – any services offered by the Administrator and regarding the App or the Platform.
  • 1.7 Stripe – online payments processor – Stripe, Inc. (https://stripe.com);
  • 1.8 Trucker – any user of the App.
  • 1.9 Trucking company – any user of the Platform.
  • 1.10 User – any user of the App or the Platform.

2. Acceptance of terms of service

  • 2.1 By downloading, installing or using the App or the Platform (as defined in pt. 1 above) you agree that you have read, understood and accepted to be bound by these terms of service. If you do not agree with these terms of service, you shall not use the App nor the Platform.
  • 2.2 The User represents and warrants to be at least 18 years of age and fully able and competent to understand and accept the Agreement.
  • 2.3 Section titles used in this Agreement have indicative meaning only and do not restrict in any way any provisions of the Agreement.
  • 2.4 The User accepts that the Services are only licensed to the User, not sold. The User obtains non transferable, non exclusive license to use the Services with all reservations provided by the Agreement and applicable laws. The Administrator reserves all rights to the Services which are not expressly granted to the User.
  • 2.5 The Administrator reserves the right to conduct sweepstakes or contests which shall be governed by its own terms and conditions.

3. Eligibility to use the services

  • 3.1 The App may be used by any adults (at least 18 years of age), free of charge, however it is dedicated to vehicle drivers holding a driver license valid in the United States of America.
  • 3.2 The Platform may be used by any active company registered or operating in the United States of America in order to track the professional activity of employed/hired drivers of vehicles owned or otherwise legally possessed by the company.
  • 3.3 Technical conditions allowing the use of the Services:
    • 3.3.1 Access to broadband Internet connection.
  • 3.4 Additional technical conditions allowing the use of the App:
    • 3.4.1 Mobile electronic device (smartphone or tablet)
    • 3.4.2 iOS (version 8 or higher) or Android (version 4.1 or higher)
  • 3.5 Additional technical conditions allowing the use of some particular functions of the App:
    • 3.5.1 Active Facebook account.

4. Provision of the services

  • 4.1 The Services are provided in accordance with the Agreement and applicable laws.
  • 4.2 The Services are provided in English, in the territory of the United States of America. The Administrator reserves the right to extend the Services to other languages and other territories.
  • 4.3 The Administrator strives to provide the Services in a continuous manner and at the highest possible quality but disclaims any liability for interruption of Services or any deficiencies of the Services.
  • 4.4 The Services may include advertisements. Any goods or services advertised in the App or in the Platform will be marked as promoted or advertised.
  • 4.5 The main features of the App are:
    • 4.5.1 map navigation
    • 4.5.2 finding the most important points on the road (such as weight stations, truck stops, rest areas, motels with parking, Walmarts, truck washes, cat scales, dealers, repairs)
    • 4.5.3 checking the availability of the services referred to in pt. 4.5.2 above and Users reviews and ratings of those services
    • 4.5.4 adding reviews and ratings of the services referred to in pt. 4.5.2 above
    • 4.5.5 sharing pictures with other Users (publicly or among the Users added as friends in the App)
    • 4.5.6 socialization with other Truckers, including messaging and following location of Truckers added as friends in the App
    • 4.5.7 notifications about traffic jams, road accidents, police patrols and defects
    • 4.5.8 communication with other Truckers and Trucking company connected with the Trucker
  • 4.6 The main features of the Platform are:
    • 4.6.1 localization and tracking of Truckers who agreed on being tracked by the Trucking company
    • 4.6.2 communication with Truckers connected with the Trucking company
    • 4.6.3 checking the status of cargo delivered by the Trucker
    • 4.6.4 purchasing subscriptions for access to the Platform, as well as downloading invoices issued for purchased subscriptions to the Platform
  • 4.7 Some of the features listed in pt. 4.5 – 4.6 above are dependable on access to Internet connection, GPS location, GeoIP mechanism and external applications (such as Google Maps) and may not always be accessible or fully functional. In case the User choose to disable the functions referred to in the preceding sentence in his/her electronic device, the Services will not be fully functional. The User understands and accepts that any location based services using the mechanisms referred to in this clause may not be accurate and the Administrator disclaims any warranties related to these services.
  • 4.8 The Services may include functionality to automatically check for updates or upgrades to the Services. Unless the settings of the electronic device or the software used for use of the Services prevent transmission of updates or upgrades, the Administrator may provide notice of the availability of such updates or upgrades and the Services may automatically download and install on User’s electronic device such upgrade or update. Any upgrades and updates of the Services shall be provided under the terms of the Agreement.
  • 4.9 The Administrator will be entitled to introduce referral or incentive based programs for the Users. Such programs may be governed by separate terms of service and modified, cancelled or discontinued without notice to the User.
  • 4.10 The User may receive certain information from the Services (such as notifications about updates, comments or messages from other Users, etc.). The scope of the information received by the User may be modified by the User in the Account settings.

5. User registration

  • 5.1 Registration of the User and creation of the Account is necessary for any use of the Services.
  • 5.2 The registration of the Trucker shall be made via a registration form available in the App.
  • 5.3 The Trucker registration form demands following data from registrant:
    • 5.3.1 e-mail address
    • 5.3.2 first name and last name
    • 5.3.3 nick (User’s chosen name used in the App)
  • 5.4 The Trucker may also register his/her account by linking it with his/her Facebook account.
  • 5.5 The Trucker acknowledges and agrees that information available in his/her Facebook account will be available to other Users and the Administrator accordingly with Facebook account privacy settings chosen by the Trucker.
  • 5.6 The Trucker can change all data except email address entered at the registration in Account settings.
  • 5.7 The registration of the Trucking company shall be made via a registration form available under following link:www.truckersky.us/register
  • 5.8 The Trucking company registration form demands following data from registrant:
    • 5.8.1 company name
    • 5.8.2 company registration address
    • 5.8.3 company correspondence address
    • 5.8.4 company contact data (phone number, e-mail address and contact person data are required)
    • 5.8.5 company MC/MX number
    • 5.8.6 company USDOT number
  • 5.9 Completion of registration process demands User’s consent on:
    • 5.9.1 the Agreement
    • 5.9.2 procession of personal data filed by the User during registration process and other personal data which may be shared by the User in connection with the use of the Services
  • 5.10 The Administrator reserves the right to change the details of the registration process at any time at his sole discretion.
  • 5.11 The User represents than any information given at registration process are true and accurate. In case of creating the Account via Facebook account, the User represents that he/she owns the Facebook account used for registration to the App and provided true and accurate information necessary to create the Account. The User undertakes to update information given at the registration process in case they changed – immediately after the change of such information.
  • 5.12 The User is solely liable for protecting from unauthorized access the password used to create the Account.

6. Use of the services

  • 6.1 The User undertakes to use the Services in accordance with the Agreement and applicable laws.
  • 6.2 The User undertakes to use the Services with vigilance and caution, particularly while driving. Chatting, messaging or typing while driving is dangerous and strictly prohibited.
  • 6.3 Information included in the Services are not intended to and shall not replace any information presented on the road. The Trucker undertakes to adhere to any traffic regulations on the road or arising from applicable laws even if they are contrary to information presented in the Services.
  • 6.4 The use of the App is free of charge but may be connected with costs of Internet connection, data transfer or payments required by third parties who offer their services on the App or on external services linked with the App. The Administrator is not a beneficiary of any such payments and disclaims any liability for their validity and quality of any services offered by third parties.
  • 6.5 Each Trucking company is offered a single free 30-day trial period (starting from the moment of first registration of the Trucking company) allowing free use of the Platform. The purchase of subscriptions for access to the Platform after expiration of free trial period is offered by the Administrator within the Platform. The Trucking company may choose automatic renewal of the subscription or purchase it manually within the Platform or via Administrator’s website (www.truckersky.us). The use of the Platform will be made available after first registration of the Trucking company or after required payment is confirmed on the account number indicated by the Administrator for the payment. The Administrator reserves the right to grant additional free trial access to the Platform and offer discounts at his sole discretion. The current price list for subscriptions to the Platform shall be available on Administrator’s website (www.truckersky.us).
  • 6.6 Truckers may report to the Administrator any interesting places which were not already included in the App via an e-mail message sent from their contact e-mail addresses linked with their Accounts to the Administrator’s contact e-mail address: contact@truckersky.us.

7. Restrictions on use

  • 7.1 Any use of the Services which is contrary to this Agreement or applicable laws is strictly prohibited.
  • 7.2 The Platform is provided for professional use only. Tracking of any truckers requires their consent which shall be obtained by the Trucking company.
  • 7.3 Dissemination of any spam or other unwanted or onerous content within, through or to the Platform, the App, the linked services or Administrator’s e-mail addresses is strictly prohibited, as well as dissemination of any pornographic, offensive, defamatory or vulgar content.
  • 7.4 The Services may not be used by the User in order to track anyone other than Truckers who explicitly agreed to be tracked by this particular User.
  • 7.5 The Services may not be used by the User in order to solicit or promote any goods or services. Any promotion may only be carried out based on prior explicit consent of the Administrator. Any parties interested in promotion of their goods or services in the App shall contact the Administrator on e-mail address: contact@truckersky.us.
  • 7.6 The User agrees not to:
    • 7.6.1 modify, alter, sell, license, reproduce or exploit in any other way any content of the Services
    • 7.6.2 infringe any rights (including copyrights) of the Administrator, other Users or third parties
    • 7.6.3 decompile, disassemble, decipher any content of the Services
    • 7.6.4 use any spambots, robots, scrapers or other automated software within or in connection with the Services
    • 7.6.5 breach or bypass any security or other control mechanisms within the Services or third party services linked with the Services
    • 7.6.6 perform any fraudulent activity
    • 7.6.7 use the services in any way contrary to road safety regulations, particularly engage in the Services while driving
  • 7.7 The User specifically agrees not to post or transmit any content or engage in any activity which:
    • 7.7.1 is contrary to this Agreement or applicable laws
    • 7.7.2 violates any third-party rights or rights of any other Users or the Administrator
    • 7.7.3 is abusive, harmful, vulgar, indecent, defamatory, discriminatory, hateful, harassing, tortious or prohibited in any other way
    • 7.7.4 includes inauthentic or knowingly erroneous reviews, ratings or opinions
    • 7.7.5 attempts to impersonate any other party
    • 7.7.6 constitutes a form of deceptive advertisement
    • 7.7.7 is commercial in nature
    • 7.7.8 implies that the content or the activity is sponsored or endorsed by the Administrator
    • 7.7.9 contains spam, viruses, Trojan horses or other malicious software
    • 7.7.10 is fraudulent or misleading
  • 7.8 The User agrees not to participate in any activities listed in pt. 7.6 – 7.7 above, nor encourage anyone to participate in these activities.

8. Termination of access to the services

  • 8.1 The Administrator reserves the right to terminate the Account of any User who breaches provisions of the Agreement or applicable laws.
  • 8.2 In case of minor infringements, the Administrator will firstly inform the User about the infringement and appeal for cessation of infringements. In case of significant violations of the Agreement or applicable laws, the Administrator may terminate the Account immediately, informing the User about this fact and grounds for termination of the Account.
  • 8.3 In situations referred to in pt. 8.1 – 8.2 above, the User will not be entitled to any refunds nor compensation for unused period of purchased subscription to Services.
  • 8.4 The Administrator reserves the right to cease provision of the Services, giving prior notice to the Users with 30 days notice period. In this situation the Administrator will refund the payments made for unused part of subscriptions purchased by the Users. The refunds will be made no later than within 7 days from the end of provision of the Services to the bank account indicated by the User within 7 days from receipt of Administrator’s information referred to in first sentence of this clause. In case the User should not indicate the bank account on which the refund shall be made within the deadline specified in preceding sentence, he/she resigns any claims regarding any refunds for unused part of the purchased subscription. The Users will not be entitled to any further compensation claims against the Administrator.
  • 8.5 Information about cessation of provision of Services will be send by the Administrator on e-mail addresses indicated by the Users for their Accounts and will be acknowledged to be delivered the same day it was sent. The Users accept their responsibility for provision of correct e-mail address and regular checking their e-mail box.

9. Payments

  • 9.1 Subscription for access to the Platform may be purchased by online payment made via Stripe’s online payment system (https://stripe.com).
  • 9.2 The subscription will be deemed as purchased when the payment is fully accepted on the bank account indicated by the Administrator for the purchase.
  • 9.3 Payments shall be made in USD currency.
  • 9.4 Refunds of payments are available only in situations stated expressly in the Agreement or in the mandatory provisions of applicable laws.
  • 9.5 The Administrator will not process any bank data used by the User to purchase the subscription to the Platform. Any bank data used by the User during payment process will be revealed directly to Stripe or its affiliates in accordance with Stripe privacy policy – available under following link: https://stripe.com/us/privacy.

10. Intellectual property

  • 10.1 Unless stated otherwise, all pictures and information available in App or the Platform are owned by or licensed to the Administrator. Anyone who claims to own such pictures or information and disagrees with their use in the Services may place a content removal request to the Administrator. The content removal request shall be sent on Administrator’s contact e-mail address: contact@truckersky.us and properly documented. The Administrator reserves the right to demand documentation proving that content removal request is justified.
  • 10.2 The User acknowledges and accepts that the Services may include open source software or third party software which can be used under the terms of applicable licenses.
  • 10.3 Any content published in third party services (such as Facebook) which are linked to the App is subject to laws and regulations provided by third party for these services.
  • 10.4 Reproduction or republication of any content available in the Services without prior written consent of the Administrator is strictly forbidden. The User acknowledges that illegal use of any content available in the Services may effect with legal responsibility of the User for such forbidden use.
  • 10.5 The User acknowledges that the Services contain original works and have been developed, compiled and arranged with the expenditure of substantial time, costs and effort and constitute valuable intellectual property of the Administrator which may also include confidential information which shall not be disclosed without prior written consent of the Administrator.

11. User's content

  • 11.1 The User may add his/her own content directly in the App (reviews of the services listed in the App, information about their accessibility and quality, information about road accidents, pictures, etc.) or in the linked external services (such as Facebook).
  • 11.2 The User grants the royalty-free, non-exclusive, transferable, sublicensable, irrevocable, unlimited geographically or temporally license to the Administrator for any content placed by the User in the App on all fields of use which are known at the moment of placing this content in the App. The Administrator will be entitled, among others, to: use the User’s content in the App, present it publicly within the App, the Platform and in other public forums (particularly on the Internet), print it, publish it, modify it, copy it and incorporate it into the framework of larger studies, to the full extent permitted by applicable laws.
  • 11.3 By sharing or posting any content with another User, the User grants that another User a non-exclusive, royalty-free license to access and use that content on terms specified in this Agreement and within functionalities provided by the Services.
  • 11.4 In regard to the content placed by the User in external services (such as Facebook), the User undertakes to adhere to rules specified for use of those services and grants proper licenses due to those rules, to the full extent permitted by applicable laws.
  • 11.5 The User undertakes to refrain from any forms of solicitation, marketing or advertising of any products or services within or through the Services.
  • 11.6 Any reviews, opinions and information placed by the User in the App shall be material, brief and sedate. The User represents and warrants to be the sole author of any review or opinion placed in or through the App and that the review or opinion placed by the User represents his/her actual experience and he/she was not paid or otherwise remunerated to post this review or opinion.
  • 11.7 The User represents and warrants that he/she is entitled for any actions which he/she undertakes referring to the User’s content publicized by the User within the Services or through the Services or external services linked with the Services.
  • 11.8 The User assumes all the risk associated with placing User’s content in or through the Services. The User acknowledges and agrees that content placed by any User in or through the Services and any liability arising from such content is the sole responsibility of the User who placed such content in the Services or through the Services.

12. Disclaimer of warranties and limitation of liability

  • 12.1 The content of the Services is for informational purposes only. The Administrator disclaims any liability in case the content of the Services is inaccurate or outdated. The Administrator is entitled to upgrade and change the content of the Services at any time at its sole discretion and without a prior notice.
  • 12.2 The Administrator does not guarantee accuracy of the content of the Services and disclaims any liability for services offered or content placed in the Services by any user or any third party.
  • 12.3 The use of the Services is for users sole risk.
  • 12.4 To the fullest extent permitted by law, the Administrator as well as its affiliates, owners and officers disclaim any warranties regarding the Services.
  • 12.5 To the fullest extent permitted by law, the Administrator as well as its affiliates, owners and officers disclaim any liability for any damages incurred by the Users or any third parties in connection with use of the Services.
  • 12.6 The Users agree that the Administrator as well as its affiliates, owners and officers disclaim, to the fullest extent permitted by law, any liability for damages incurred by the Users as a result of:
    • 12.6.1 Downloading of any viruses, trojan horses or any other malicious software with connection to use of the Services
    • 12.6.2 Any loss of data transmitted or stored by the User
    • 12.6.3 Any errors or inaccuracies of the Services
    • 12.6.4 Personal injury or property damage resulting from use of the Services
    • 12.6.5 Any loss of time or means resulting from errors or inaccuracies of the content presented in the Services
    • 12.6.6 Any unauthorized access to the User’s account
    • 12.6.7 Any interruptions or cessation of provision of services due to force majeure event, interruptions or cessation of services provided by internet or servers providers
    • 12.6.8 Disclosure of information provided by the User
    • 12.6.9 Any defamation, insult, abuse or loss of reputation or profit suffered by the User in connection with the use of the Services
  • 12.7 The Administrator disclaims any liability for any losses, property damages or personal injuries incurred by the User in regard to use of any external services linked with the app or the Platform.
  • 12.8 The User is fully and solely responsible for his/her communication with other users, Administrator or any third parties.
  • 12.9 In any situation where total exclusion of the liability is not permitted by law, the liability of the Administrator, its affiliates, owners and officers towards the User shall be limited to:
    • 12.9.1 In regard to trucking companies – the sum of the fees paid by the trucking company for purchasing the subscription to the Platform
    • 12.9.2 In regard to truckers – the amount of 200,00 usd (two hundred american dollars).
  • 12.10 Provisions of section 12 of the Agreement shall not exclude any user’s rights provided by mandatory provisions of the applicable laws.

13. Indemnification

  • 13.1 The User agrees to indemnify the Administrator, its affiliates, owners and officers, and defend them against any damages, losses, expenses, proceedings and actions suffered or incurred as a result of or in connection with:
    • 13.1.1 the content publicized by the User within or through the App or the Platform
    • 13.1.2 unauthorized use of the Services by the User
    • 13.1.3 breach of the Agreement by the User
    • 13.1.4 violation of any rights of any other User, Administrator or any third party by the User in connection with the use of the Services
  • 13.2 The Administrator reserves full and sole right to settle and pay any claims which are brought against him, without the User’s prior consent.
  • 13.3 The User shall not settle or accept any claims brought jointly against the User and the Administrator without prior consent of the Administrator obtained in a written form – at pain of nullity.
  • 13.4 The User undertakes to provide the Administrator with any documentation and information required by the Administrator in order to protect the Administrator’s rights and interests against any claims brought against the Administrator in connection with situations listed in pt. 13.1 above.

14. User feedback

  • 14.1 Any technical queries regarding the Services should be placed by the User via an e-mail message sent from his/her contact e-mail address linked with his/her Account to the Administrator’s contact e-mail address: support@truckersky.us.
  • 14.2 Any feedback regarding improvement of the Services should be placed by the User via an e-mail message sent from his/her contact e-mail address linked with his/her Account to the Administrator’s contact e-mail address: contact@truckersky.us.
  • 14.3 The Administrator will endeavor to analyze and respond to received queries and feedback in fastest possible time, no later than within 30 days from its receipt.
  • 14.4 The Administrator reserves the right to not respond to queries or feedback which:
    • 14.4.1 can be resolved easily using information available to the User in the App, the Platform or on the Administrator’s website: www.truckersky.us
    • 14.4.2 is filed in language other than English
    • 14.4.3 is unclear
    • 14.4.4 falls into a definition of spam
    • 14.4.5 is not objectively connected with the Services
    • 14.4.6 is irrelevant to accessibility or proper functionality of the Services
    • 14.4.7 is filed by anyone else than the User who holds a valid Account
    • 14.4.8 contain any malicious software such as viruses or Trojan horses
    • 14.4.9 is vulgar, abusive, defamatory, discriminatory or offensive.

15. Governing law and jurisdiction

  • 15.1 The law of the State of Illinois (in the United States of America), shall govern, construe and enforce all of the rights and duties of the Administrator and the User arising from or relating in any other way to the subject matter of the Agreement.
  • 15.2 Any disputes arising from or relating in any other way to the subject matter of the Agreement shall be subject to jurisdiction of competent courts in Chicago, Illinois (in the United States of America).

16. Changes of terms of service

  • 16.1 The use of the Services is always subject to the Agreement in updated version including all the alterations incorporated up to date of use.
  • 16.2 The User will be informed about any alterations to the Agreement by a message displayed respectively by the App or the Platform directly after logging in.
  • 16.3 The Trucking company which already bought the subscription to the Platform may reject the alterations to the Agreement within 30 (thirty) days from the implementation of these alterations.
  • 16.4 In relation to Trucking companies which already bought the access to the Platform, the previous version of the Agreement will be effective:
    • 16.4.1 until the end of 30-day period from incorporation of alterations to the Agreement – if Trucking company will not reject the alterations to the Agreement within 30-day period from their incorporation.
    • 16.4.2 until the end of the period for which the access to the Platform was already bought by the Trucking company – if Trucking company will reject the alterations to the Agreement within 30-day period from their incorporation.
  • 16.5 Trucking company may reject the alterations to the Agreement via an e-mail message sent from its contact e-mail address linked with its Account to the Administrator’s contact e-mail address: contact@truckersky.us – within the deadline specified in pt. 16.3 above.
  • 16.6 After the end of the period specified respectively in pt. 16.4.1 or 16.4.2 above, the altered version of the Agreement shall apply to the Trucking company.

17. Validity of terms of service

  • 17.1 This Agreement enters into life on [05.24.2017].
  • 17.2 In case any provision of this Agreement is contrary to mandatory provisions of law, the remaining provisions of the Agreement remain valid.
  • 17.3 None of the provisions of the Agreement shall constitute any form of partnership or agency between the Administrator and the User. The User is not entitled to represent the Administrator in any form or manner.
  • 17.4 The User may apply for an electronic copy of the Agreement via an e-mail message sent by the User from its contact e-mail address linked with User’s Account to the Administrator’s contact e-mail address: contact@truckersky.us.

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