A platform for your operation.
Not a party to your freight.

These Terms govern your access to and use of FleetPath, operated by an operating division of Lavish Enterprises, Inc. ("FleetPath," "we," "us"). By creating an account, connecting an integration, or otherwise using the platform, the organization you represent ("Customer") and you individually agree to these Terms. If you do not agree, do not use FleetPath.

FleetPath is a business tool for commercial motor carrier operations. It is not intended for consumers or for anyone under 16.

FleetPath is a software platform. It organizes, displays, and automates a carrier's own operations. It is not a party to the freight contract between any carrier, broker, shipper, or receiver, and it does not take possession of freight or funds. Specifically, FleetPath is not, and does not hold itself out as:

• —a freight broker, and holds no broker authority (49 U.S.C. §13102);
• —a motor carrier, and holds no MC number;
• —a freight forwarder;
• —a factor, and does not purchase receivables;
• —a money transmitter, and does not hold or move funds;
• —a dispatch service or a bona fide agent for any carrier.

FleetPath provides historical and informational data and may suggest ranges. It does not negotiate, counter-offer, or propose a specific rate as if it were a party to a transaction.

FleetPath is not an Electronic Logging Device and is not registered with the FMCSA. FleetPath does not record or alter hours-of-service data; it displays data made available by third-party ELD providers via their respective APIs.

Customer is solely responsible for compliance with FMCSA regulations including but not limited to 49 CFR Part 395 (Hours of Service). FleetPath does not certify, guarantee, or ensure FMCSA compliance.

FleetPath surfaces operational data from third-party ELD providers (including but not limited to Motive and Samsara). FleetPath does not warrant the accuracy, completeness, or timeliness of data sourced from third-party providers and disclaims liability arising from such third-party data.

FleetPath only integrates with ELD providers registered on FMCSA's official list at eld.fmcsa.dot.gov. FleetPath reserves the right to discontinue integration with any provider that is delisted, suspended, or otherwise determined to be non-compliant.

You are responsible for activity under your account and for keeping credentials secure. You agree not to: commit fraud, double-broker freight, misrepresent authority or identity, scrape or bulk-extract the platform, interfere with its operation, or use it to violate any law or another party's rights. Detailed rules live in our Acceptable Use Policy. We may suspend access for a violation; for non-fraud disputes, the carrier protest path in the Carrier Bill of Rights applies before suspension where practicable.

As between the parties, Customer owns its operational data — including location, ELD, and fuel data. We process it to provide the service under these Terms and our Privacy Policy and Data Processing Addendum. We do not sell personal information.

You may export your data in a machine-readable format, and on account closure we provide a 30-day export window before the retention-aware deletion process begins. Records under a legal retention obligation (for example, DOT and IFTA windows) are retained until that obligation ends, then purged. See the Privacy Policy for detail.

FleetPath operates as a venue for the carrier's own records and the records its counterparties choose to share. We are not the author or guarantor of content posted by carriers, brokers, shippers, or receivers.

Fees, billing cadence, and any usage-based components are as described at sign-up or in an order. Fees are non-refundable except where required by law. We may change pricing prospectively with notice; continued use after the effective date constitutes acceptance.

FleetPath will defend and indemnify Customer against third-party claims that the platform itself infringes that third party's intellectual property rights.

Customer will defend and indemnify FleetPath against claims arising from Customer's misuse of the platform, breach of these Terms, Customer content, and — importantly — claims arising from Customer's transactions with other users (including broker-versus-carrier disputes, factoring claims, cargo loss or damage, and freight-charge disputes). FleetPath is a platform, not a party to those transactions.

The platform is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation, and we do not warrant the accuracy of third-party data displayed through the platform. We do not guarantee regulatory compliance — that remains the Customer's responsibility.

Except for the carve-outs below, each party's total aggregate liability arising out of or related to these Terms is capped at the greater of US$50,000 or the fees Customer paid in the twelve months before the event giving rise to the claim. Neither party is liable for indirect, incidental, consequential, special, or punitive damages, or lost profits.

A higher cap (a multiple of the general cap) applies to liability arising from a breach of data-security or confidentiality obligations. No cap applies to: gross negligence, willful misconduct, or fraud; FleetPath's IP infringement indemnity in Section 7; personal injury; or a party's payment obligations.

We produce Customer data to third parties only in response to valid legal process (a subpoena, warrant, or court order). Where not legally prohibited, we notify the affected Customer before producing data so they may seek to limit or quash the request. Our Law Enforcement Guidelines describe the process and the fees we charge for compliance.

We maintain a separate, carrier-favorable Carrier Bill of Rights that these Terms incorporate by reference. It commits us to, among other things: carrier ownership of location, ELD, and fuel data; 30-day machine-readable data portability; performance-score auditability; non-discrimination in matching with an annual fairness review; a no-cost internal review before suspension; and a transparency mirror that preserves and surfaces broker transaction records to carriers on 48-hour request, consistent with 49 CFR 371.3.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. The parties will resolve disputes through binding arbitration administered by JAMS in San Francisco, California or Chicago, Illinois, except that either party may seek injunctive relief for misuse of intellectual property or confidential information in a court of competent jurisdiction.

We may update these Terms. If a change is material, we will update the effective date above and, where required, notify account administrators. Continued use after the effective date constitutes acceptance of the revised Terms.