This Agreement is between Teamwork of America LLC, a Texas limited liability company ("Company", "we", "us"), which operates the SYS 10|4 platform, and the carrier identified at registration ("Subscriber", "you").
By registering, you confirm that the person accepting this Agreement is authorised to bind the Subscriber.
SYS 10|4 is software. We provide a hosted Transportation Management System on your own subdomain, which may include dispatch, load management, invoicing, document storage, driver records, hiring, and related tools according to the plan you select.
We are not a motor carrier, broker, freight forwarder, or compliance service. We do not dispatch your loads, employ your drivers, or file anything on your behalf.
You alone are responsible for complying with every law and regulation applying to your operation, including the Federal Motor Carrier Safety Regulations, hours of service, driver qualification and disqualification, drug and alcohol testing, vehicle inspection and maintenance, IFTA and IRP, cargo and liability insurance, wage and hour law, and the immigration status of anyone you engage.
The platform records information you enter and produces documents from it. It does not determine whether you are compliant, and a record produced by the platform is not a defence to any enforcement action. You are responsible for reviewing anything generated before you rely on it or submit it to anyone.
Operational data you enter remains yours. We use it to provide the service, and we do not sell it.
You may export your data at any time from your account settings, and you should do so before cancelling.
We retain your data for twelve (12) months after your subscription ends, and then delete it permanently. After deletion it cannot be recovered. Exporting before you leave is your responsibility.
We may use aggregated, de-identified information — data from which no carrier, driver, customer, or individual can be identified — to operate and improve the service.
Your subscription begins on the date shown at registration, including any free trial period offered at that time. Unless you cancel before the trial ends, the subscription continues and the plan price becomes payable.
Fees are billed in advance for each billing period and are non-refundable, including where you cancel mid-period or stop using the service.
You may change plans at any time. An upgrade takes effect immediately and is charged pro rata. A downgrade takes effect at the start of the next billing period.
Plan limits apply. Where a plan is metered, use beyond the included amount is charged at the rate published for your plan.
You may cancel at any time, effective at the end of the current billing period. Cancelling does not entitle you to a refund of the current period.
We may suspend or terminate access where fees are unpaid, where the service is used unlawfully, or where use threatens the security or stability of the platform. Where practical we will give notice first.
We aim to keep the service available and to give notice of planned maintenance. We do not guarantee uninterrupted or error-free operation. The service depends on providers and networks outside our control.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY OUTPUT IS ACCURATE OR SUFFICIENT FOR ANY REGULATORY PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST LOADS, LOST CUSTOMERS, LOST OR CORRUPTED DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limits apply regardless of the theory of liability, and they do not apply to the extent the law does not permit them.
You will indemnify and hold us harmless from any claim, loss, fine, penalty, or expense — including reasonable legal fees — arising from your operations, your use of the service, your data, your compliance or failure to comply with any regulation, or any claim by a driver, customer, employee, or regulator relating to your business.
We protect your data using commercially reasonable measures. No system is perfectly secure, and we do not warrant that a breach cannot occur.
You are responsible for your accounts and credentials, and for what anyone you give access to does with them.
We may update this Agreement. The current version is published in the platform, and you will be asked to accept a new version when you next sign in. Continued use after a new version is published, or acceptance of it, constitutes agreement.
If you do not accept a new version, your remedy is to cancel under section 6.
This Agreement is governed by the laws of the State of Texas, without regard to its conflict of laws rules.
Any dispute will be brought exclusively in the state or federal courts located in Dallas County, Texas, and both parties consent to that jurisdiction and venue.
If any provision is held unenforceable, the rest remains in force and that provision is limited only so far as necessary.
You may not assign this Agreement without our written consent. We may assign it in connection with a sale or reorganisation of the business.
This Agreement, together with the plan you selected at registration, is the entire agreement between us on this subject.