Terms of Service

These Terms of Service ("Terms") govern access to and use of X3 SOP and the other X3 software, websites, and services provided by X3 Fleet Safety LLC ("X3," "we," "us") (the "Services"). By creating an account or using the Services, the customer ("Customer," "you") agrees to these Terms.

1. The Services; not legal advice

X3 provides fleet-safety and DOT-compliance software. The Services, including any AI-assisted output, are decision-support tools and do not constitute legal, medical, or professional advice. Customer is solely responsible for its compliance decisions and for verifying outputs before relying on them.

2. Accounts and eligibility

The Services are for business use by authorized users acting for a motor carrier or employer. Customer is responsible for its users, credentials, and for maintaining accurate account information.

3. Subscriptions, fees, and renewals

Fees, billing frequency, and plan features are as presented at sign-up. Fees are billed in advance, in U.S. dollars, through our payment processor. Paid subscriptions renew automatically for successive terms of the same length (monthly or annual) at the then-current price unless cancelled before the renewal date. Customer may cancel at any time by emailing [email protected]; cancellation takes effect at the end of the current paid term. We email a reminder to the account's billing contact before an annual subscription renews. Fees are non-refundable except as required by law or expressly stated in these Terms.

Third-party and pass-through costs are charged in addition to subscription fees. These include state filing fees, background checks, motor-vehicle-record monitoring, drug and alcohol testing (TPA) costs, and paid carrier-record lookups. X3 may change its fees on 30 days' notice; continued use after the notice period constitutes acceptance of the new fees.

4. Customer data and Data Processing Addendum

Our Data Processing Addendum (DPA) governs personal data Customer submits. Customer represents and warrants that, for all data it submits, it has obtained every disclosure and authorization required by the FCRA, has a permitted use under the DPPA for any MVR data, and is authorized to submit any 49 CFR Part 40 testing information. As between the parties, Customer is the controller of driver and applicant data. X3 uses only the sub-processors listed in the DPA and remains responsible for their work. X3 maintains the security program described in the DPA and will give Customer breach notification without undue delay, and within seventy-two (72) hours of confirming unauthorized access to Customer's personal data.

5. AI features

Certain features use a third-party AI provider to assist with extraction, classification, and analysis. AI output may be incomplete or inaccurate, is not guaranteed, and must be reviewed by a qualified human before use. Data handling for AI features is governed by the DPA and the Privacy Policy.

6. Acceptable use

• No unlawful use, and no use of MVR or background data outside a permitted purpose or permissible use.

• No submission of personal data without the authority and consents required by law.

• No attempt to reverse-engineer, disrupt, or circumvent the Services or their security.

7. Third-party integrations

Customer may connect third-party ELD, applicant-tracking, screening, and MVR providers. Customer authorizes X3 to exchange data with those providers as directed, and the providers' own terms govern their services. X3 is not responsible for third-party services.

8. Intellectual property

X3 owns the Services and all related IP. Customer owns its data and grants X3 a limited license to process it to provide the Services. Feedback may be used without restriction.

9. Confidentiality

Each party will protect the other's confidential information and use it only to perform under these Terms.

10. Disclaimers

The Services are provided "as is" and "as available." X3 disclaims all implied warranties, including merchantability and fitness for a particular purpose, to the fullest extent permitted by law. X3 does not warrant that the Services will be error-free or that outputs will satisfy any regulatory obligation.

11. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages. X3's aggregate liability arising out of or relating to the Services will not exceed the fees Customer paid to X3 in the twelve (12) months before the event giving rise to the claim.

12. Indemnification

Customer will defend and indemnify X3 against third-party claims arising from Customer's unlawful use of the Services or its data, or its breach of Section 4 or 6. X3 will defend and indemnify Customer against third-party claims that the Services infringe IP rights.

13. Term and termination

Either party may terminate as provided in the order or for material breach. On termination, For 30 days after termination Customer may export its data, after which X3 will delete it in accordance with the DPA.

14. Governing law and disputes

These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles. Exclusive jurisdiction and venue lie in the state courts located in Livingston County, Michigan, and the United States District Court for the Eastern District of Michigan, and each party waives the right to a jury trial.

15. Changes to these Terms

X3 will email the account owner at least 30 days before a material change to these Terms takes effect, and Customer may cancel before that date if it does not agree. Other updates are posted here with a new effective date. Continued use after a change takes effect constitutes acceptance.

16. Entire agreement

These Terms, together with the Privacy Policy, the DPA, and any order, are the entire agreement between the parties regarding the Services. Neither party may assign these Terms without the other party's prior written consent, except to a successor in a merger or a sale of the business.

17. Contact

Questions about these Terms: [email protected]. Legal notices should be marked "Attn: Legal" and sent to the same address.