Terms of Service

Last updated: January 2025

Welcome to Fifth Wheel. These Terms of Service ("Terms") govern your use of the Fifth Wheel mobile application, website, and related services (collectively, the "Service") operated by Fifth Wheel, Inc. ("we," "our," or "us").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2. Account Registration

To access certain features of the Service, you must create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Upload false, misleading, or fraudulent information
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use automated means to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or alter any proprietary notices or labels
• Use the Service to transmit malware or harmful code

4. User Data and Content

Your Data

You retain ownership of all data and content you upload to the Service ("User Data"). By uploading User Data, you grant us a limited license to store, process, and display that data as necessary to provide the Service to you.

Data Accuracy

You are responsible for the accuracy of your User Data. We do not verify the accuracy of trip logs, expense records, or other information you enter. The Service provides tools to help you organize and calculate data, but the underlying accuracy depends on the information you provide.

Data Export

You may export your User Data at any time through the Service. Upon account termination, we will provide reasonable assistance to export your data upon request.

5. IFTA Disclaimer

IMPORTANT: Fifth Wheel provides tools to help you track miles, fuel, and generate IFTA reports. However:

• We are not a tax advisor, accountant, or legal professional
• IFTA reports generated by the Service are for informational purposes
• You are solely responsible for verifying the accuracy of all IFTA data
• You are solely responsible for filing accurate returns with your base jurisdiction
• We do not guarantee that our calculations match official IFTA requirements
• You should consult with a qualified professional regarding tax matters

We are not liable for any penalties, interest, or assessments resulting from inaccurate IFTA filings.

6. Subscription and Payment

Beta Period

During the beta period, the Service is provided free of charge. The beta period may end at any time with reasonable notice.

Future Paid Plans

When paid subscription plans are introduced:

• Pricing will be clearly communicated before charges begin
• Subscriptions will renew automatically unless cancelled
• You may cancel at any time through your account settings
• Refunds will be provided according to our refund policy at that time

Beta User Benefits

Users who participate in beta may be eligible for discounted "founder pricing" on future paid plans. Specific terms will be announced when paid plans launch.

7. Intellectual Property

The Service and its original content (excluding User Data), features, and functionality are owned by Fifth Wheel, Inc. and are protected by copyright, trademark, and other intellectual property laws.

You may not use our trademarks, logos, or branding without prior written consent.

8. Third-Party Services

The Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party services. Use of third-party services is at your own risk.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted or error-free
• Defects will be corrected
• The Service is free of viruses or harmful components
• The results obtained from the Service will be accurate or reliable

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FIFTH WHEEL, INC., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, use, or goodwill
• Business interruption
• Penalties or assessments from tax authorities
• Any other intangible losses

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify and hold harmless Fifth Wheel, Inc. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Data

12. Termination

We may terminate or suspend your account and access to the Service at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

You may terminate your account at any time by contacting us. Upon termination, your right to use the Service will immediately cease.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date.

Your continued use of the Service after changes constitutes acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

15. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fifth Wheel, Inc. regarding the Service and supersede all prior agreements and understandings.

18. Contact Us

If you have questions about these Terms, please contact us at:

Email: legal@fifthwheel.ai
Address: Fifth Wheel, Inc.