Terms and Conditions

Last updated: November 9, 2026

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Counting Trucks Inc., 8239 Snapdragon Way, Dallas, Texas 75252.
  • Country refers to: Texas, United States.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Counting Trucks website, the Counting Trucks ELD web dashboard, the Counting Trucks ELD mobile application and the related systems.
  • Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Your Data means all data and content that You, Your drivers, Your vehicles or Your devices provide to, or generate through, the Service.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company.

Availability of the Service

Counting Trucks ELD is not open yet. We are not accepting registrations until FMCSA confirms.

We take no responsibility for the website, the application or any other part of the Service actually running. We do not promise that the Service will be available, online or working at any time. We may change, suspend or stop any part of the Service at any time, for any reason, without notice and without liability to You.

Accounts and records from the service that closed in September 2026 do not carry over.

Your Responsibilities

Motor carriers and drivers remain solely responsible for following 49 CFR Part 395 and every other rule that applies to them. That includes keeping accurate records, keeping their own copies, retaining them for as long as the law requires and having another way to record hours of service if the Service is not available.

You will not falsify records, try to get around the safeguards of the Service, access data that is not Yours or disrupt the Service.

Rights to Your Data

By using the Service, You give the Company rights to Your Data. You grant the Company a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable and sublicensable right to collect, store, copy, analyze, aggregate, de-identify, use, disclose and otherwise exploit Your Data for any lawful purpose. The Company keeps these rights after You stop using the Service or Your Account ends.

You represent that You have every right and consent needed to give Us these rights, including from Your drivers.

These rights do not allow anyone at the Company to change what a driver's record of duty status says. Those records change only in the ways the federal ELD rule allows.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. Our rights to Your Data continue.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service in the prior 12 months or 100 USD, whichever is less.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for fines or penalties, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

United States Only

The Service is offered only in the United States. We do not offer the Service in the European Union or anywhere else outside the United States. If You access the Service from outside the United States, You do so on Your own initiative and at Your own risk.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time, without notice. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email: support@countingtrucks.com