1. These terms
These terms are between you, the driver, and Oculus Freight LLC ("we", "us"). They apply when you use the Oculus Freight Driver app (the "App").
You use the App because the trucking company you drive for (your "Carrier") uses Oculus Freight. Your Carrier has its own agreement with us, and it controls your account and the information in it.
By tapping "I agree", or by using the App, you accept these terms personally. You confirm that you are at least 18 years old. If you don't agree, don't use the App and tell your Carrier.
You understand that your Carrier, and Oculus Freight on your Carrier's behalf, can see what the App collects and what you enter: location, documents, photos, messages, inspections and activity. The Oculus Freight Acceptable Use Policy also applies to you.
2. Your right to use the App
We give you a personal, limited, revocable, non-transferable right to use the App, on a device you own or control, for work for your Carrier. You may not:
- copy, change, reverse engineer or resell the App;
- use it for anyone other than your Carrier;
- use it in any way these terms or the law don't allow.
3. Safety comes first
- Don't use the App while driving. Federal rules prohibit texting and holding a mobile phone while driving a commercial motor vehicle (49 CFR 392.80 and 392.82). Use the App only when you're safely parked, or hands-free where the law allows.
- Check what the App tells you. Routes, stops, appointment times, ETAs, fuel stops and other information in the App can be wrong or out of date. They may not show low bridges, weight limits, hazmat restrictions or road closures. Follow road signs, the law and your Carrier's instructions.
- A driver aid only. The App helps you work; it doesn't replace your judgment. Never rely on it, or wait for an alert, to stay safe or legal.
- Emergencies. The App is not an emergency service. It never calls 911 or any emergency service for you, and it can miss events. In an emergency, call 911.
4. Location
The App collects your location, including in the background, only while you have an active trip and are on duty. It uses the location to:
- record your route;
- detect arrivals and departures at stops;
- show your position to your Carrier's dispatchers.
The Privacy Policy explains more. You can turn location permission off in your phone's settings, but trip tracking then stops working, and your Carrier may require it for work.
5. Your Carrier and your information
- Your Carrier decides what information is kept about you, who at the Carrier can see it, and when your access ends. If you have a question or request about your information, ask your Carrier first. If you contact us, we'll pass it on.
- Your Carrier may keep the records of your work after you leave. We may deactivate your account when your Carrier asks.
6. Documents, photos and entries
- What you upload or enter must be accurate and yours to share. That includes bills of lading, proof of delivery, photos, inspections and notes.
- Never use the App to create, change or submit a false or altered document or record. That includes falsifying hours of service or inspection reports.
- Entering false or misleading information breaks these terms even when it happens through carelessness.
- The App may read documents and photos automatically. That reading can be wrong, so check it.
7. Pay statements
Pay statements in the App are calculated from your Carrier's settings and records. Your Carrier pays you, not us, and questions about pay go to your Carrier. Nothing in the App is tax or legal advice.
8. Messages
Your Carrier may send you work messages through the App, Telegram or text messages. Message delivery isn't guaranteed. Telegram and mobile carriers are third-party services with their own terms. Ask your Carrier if you don't want to receive messages in a particular channel.
9. Rules
Don't:
- share your login;
- use someone else's account;
- harass anyone through the App;
- try to get into another person's or company's data;
- interfere with the App or test it for security holes without our written permission;
- use the App to break the law.
We may suspend your access if you break these rules.
10. No warranty; limit of our liability
To the extent the law allows:
- the App is provided "as is", without warranties of any kind;
- we aren't liable for indirect or consequential damages;
- our total liability to you is limited to $100.
Some places don't allow these limits, so they may not apply to you.
11. Changes and ending
We may update these terms. We'll show you material changes in the App before they apply. These terms end when your access ends. Sections 6, 10 and 13 continue after that.
12. App stores
If you downloaded the App from the Apple App Store:
- these terms are between you and us, not Apple, and we, not Apple, are responsible for the App;
- your right to use it is limited to Apple-branded devices you own or control, as the App Store usage rules allow;
- Apple has no obligation to provide maintenance or support;
- if the App doesn't meet a warranty that applies, you may tell Apple, and Apple may refund the purchase price (if any); Apple has no other warranty obligation;
- we, not Apple, handle any claims about the App, including product liability, legal or regulatory compliance, consumer protection, privacy and intellectual property claims;
- you confirm you aren't in a country under a US embargo or designated as "terrorist supporting", and aren't on a US list of prohibited or restricted parties;
- you must follow any third-party terms that apply when you use the App, such as your mobile data provider's;
- Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
If you downloaded the App from Google Play, Google Play's terms also apply between you and Google.
13. Law and contact
These terms are governed by the laws of the State of Ohio. We'll try to resolve any problem informally first: write to help@oculusfreight.com.
Oculus Freight LLC · 431 West Liberty, Unit 107, Medina, OH 44256 · help@oculusfreight.com