1. Scope and acceptance
ELD Engine is a product and service operated by FOUND SOLUTIONS LLC, a Delaware limited liability company. “ELD Engine,” “FOUND SOLUTIONS,” “we,” “us,” and “our” mean FOUND SOLUTIONS LLC and its affiliates. “Services” include our website, software, reports, communications, and ELD/HOS compliance-support work. A separate written order form, service agreement, or data-processing agreement with your organization controls if it conflicts with these Terms.
2. Our role
We provide operational support, technology, and information to help customers manage ELD and hours-of-service workflows. We are not a motor carrier, ELD provider, legal adviser, tax adviser, insurer, broker, or government agency. Our Services do not replace your independent judgment or your responsibility to comply with applicable laws, regulations, permits, contracts, and safety obligations.
You remain solely responsible for your operations; the accuracy, completeness, and timeliness of information supplied to us; driver and vehicle supervision; records retention; required certifications and edits; and decisions made in response to reports, alerts, recommendations, or communications.
3. Accounts, access, and acceptable use
You must provide accurate account information, keep credentials confidential, and promptly notify us of suspected unauthorized use. You may use the Services only for lawful internal business purposes and only by authorized users. You may not interfere with the Services, attempt unauthorized access, reverse engineer them except where law prohibits that restriction, introduce malicious code, or use the Services to violate another person’s rights.
4. Customer data and permissions
You retain rights in data you provide or authorize us to access (“Customer Data”). You grant us the limited rights needed to host, process, analyze, transmit, and otherwise use Customer Data to deliver, secure, support, and improve the Services, and as required by law. You represent that you have obtained all permissions, notices, and consents needed for us to process Customer Data, including data relating to drivers and other personnel.
5. Third-party systems and information
Our Services may connect with, rely on, display, or transmit information from ELD providers, telematics platforms, communications carriers, mapping providers, payment processors, browsers, and other third-party services. Those services are governed by their own terms and privacy practices.
We do not control, endorse, or guarantee third-party services or data. To the fullest extent permitted by law, we are not responsible or liable for their availability, security, accuracy, completeness, delays, outages, changes, discontinuation, acts, omissions, or loss of data. You are responsible for maintaining the third-party accounts, permissions, connectivity, hardware, and subscriptions necessary for any integration. An integration or data feed may be modified, suspended, or unavailable without notice if the relevant third party changes or restricts access.
6. No compliance guarantee
Alerts, reports, calculations, recommendations, and other outputs may be incomplete, delayed, or affected by source-data errors, user actions, connectivity, system configuration, or changes in law. They are tools to assist your review, not a promise of compliance, an audit result, legal advice, or a guarantee that violations, penalties, accidents, claims, inspections, or other adverse outcomes will be avoided. You must independently review material outputs and obtain professional advice appropriate to your circumstances.
7. Fees, suspension, and changes
Fees, payment terms, service levels, and any renewal terms are stated in the applicable written agreement. We may suspend or limit access when reasonably necessary to protect the Services, comply with law, address a security risk, or respond to nonpayment or material breach. We may update the Services and these Terms from time to time. Updated Terms apply when posted or when otherwise communicated; continued use after the effective date constitutes acceptance where permitted by law.
8. Intellectual property
We and our licensors own the Services, including their software, content, designs, methods, and trademarks. Subject to these Terms and any applicable agreement, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Services during the applicable service term. No rights are granted except as expressly stated.
9. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELD ENGINE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELD ENGINE AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA; OR FINES, PENALTIES, CLAIMS, OR COSTS ARISING FROM OR RELATED TO THE SERVICES, INCLUDING A THIRD-PARTY SERVICE OR DATA SOURCE, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE FEES PAID TO ELD ENGINE FOR THE AFFECTED SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Nothing in these Terms limits liability that cannot legally be limited.
11. Indemnity
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless ELD Engine and its affiliates, personnel, licensors, and suppliers from third-party claims, losses, liabilities, and reasonable costs arising from Customer Data, your use of the Services, your breach of these Terms, or your operations, except to the extent caused by our willful misconduct or liability that cannot be excluded by law.
12. Termination and general terms
You may stop using the Services at any time, subject to any written agreement. We may terminate or suspend access as allowed by that agreement or these Terms. Sections that by their nature should survive will survive termination. If any provision is unenforceable, the remainder remains effective. These Terms do not create a partnership, employment, agency, or joint venture. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
13. Contact
Questions about these Terms may be sent to hello@eldengine.com or by using our contact page.