Terms of Service
Version 2 · Effective 2026-06-13
Added Section 18 — Regulatory Compliance Responsibility: Foundation Fleet provides tools to assist with inspections, maintenance, and repair workflows but does not guarantee compliance with FMCSA, DOT, state, provincial, or local regulations. The motor carrier remains solely responsible for compliance with all applicable laws and record-retention obligations.
Terms of Service
Effective Date: 2026-06-13
These Terms of Service ("Terms") govern your access to and use of the Foundation Fleet Services platform, including all related websites, mobile applications, APIs, and managed services (collectively, the "Service") operated by Foundation Fleet Services ("Foundation," "we," "us," or "our"). By creating an account or otherwise accessing the Service, you ("Customer," "you," or "your") agree to be bound by these Terms.
1. Acceptance of Terms
By clicking "I agree," creating an account, or using the Service, you represent that you (a) have read and understood these Terms, (b) have authority to bind the entity you represent, and (c) are at least 18 years old. If you do not agree, do not access or use the Service.
2. Description of the Service
Foundation provides a multi-tenant Software-as-a-Service ("SaaS") platform for fleet operators, repair facilities, and parts vendors. Features may include, without limitation: work-order and job management, Driver Vehicle Inspection Reports (DVIRs), preventive maintenance scheduling, parts requests and vendor coordination, invoicing, vendor scorecarding, AI-powered insights, optional outsourced parts coordination services, and integrations with third-party providers.
3. Account Registration & Security
You must provide accurate, complete, and current registration information and keep it up to date. You are responsible for safeguarding credentials and for all activity that occurs under your account. You will notify us immediately of any unauthorized access. We may suspend or terminate accounts that we reasonably believe to be compromised.
4. Subscription Plans, Trials & Billing
The Service is offered on a subscription basis. Specific pricing, plan inclusions, and trial periods are described in the Subscription & Billing Agreement, which is incorporated by reference into these Terms.
5. Customer Data & Ownership
You retain all right, title, and interest in and to data you submit to the Service ("Customer Data"). You grant Foundation a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and otherwise use Customer Data solely to provide and improve the Service. Foundation will not sell Customer Data. Aggregate, de-identified data may be used to improve the Service, benchmark performance across the platform, and train internal machine-learning models.
6. Acceptable Use
You will not (a) use the Service in violation of any law; (b) upload malicious code, harmful files, or content infringing third-party rights; (c) attempt to reverse-engineer, decompile, or interfere with the Service; (d) misuse APIs to scrape or exfiltrate data beyond your tenancy; (e) impersonate any person or misrepresent your affiliation; or (f) use the Service to make safety-critical decisions without independent human verification. Additional rules apply under the AI Disclaimer & Acceptable Use Policy.
7. Third-Party Services
The Service integrates with third-party providers (for example, payment processors, email/SMS gateways, AI model providers, mapping providers, and vehicle-data sources). Your use of those integrations is subject to the respective third party's terms. Foundation is not responsible for third-party services and disclaims any liability arising from them to the maximum extent permitted by law.
8. Intellectual Property
The Service, including all software, content, designs, and trademarks, is owned by Foundation or its licensors and is protected by intellectual-property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you.
9. Feedback
If you provide feedback, suggestions, or feature requests, you grant Foundation an irrevocable, royalty-free license to use them without restriction or compensation.
10. Confidentiality
Each party will protect the other's confidential information using at least the same care it uses for its own, and will not disclose it except on a need-to-know basis to personnel under similar confidentiality obligations.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOUNDATION DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOUNDATION'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO FOUNDATION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOUNDATION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA.
13. Indemnification
You will defend, indemnify, and hold harmless Foundation and its affiliates from and against any claims arising out of (a) your Customer Data, (b) your breach of these Terms, or (c) your violation of applicable law.
14. Termination
Either party may terminate for material breach not cured within thirty (30) days of written notice. Upon termination, your right to access the Service ceases and Foundation may delete Customer Data after the data-retention period described in the Privacy Policy. Sections that by their nature should survive will survive.
15. Modifications to the Service or Terms
We may modify the Service or these Terms from time to time. Material changes will be announced via in-product notice, email, or both, and may require renewed acceptance. Continued use after the effective date of a change constitutes acceptance.
16. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware. Any claim must be brought within one (1) year after the cause of action arises.
17. Notices
Notices to Foundation must be sent to legal@foundationfleetservices.com. Notices to you will be sent to the contact email on your account.
18. Regulatory Compliance Responsibility
Foundation Fleet provides digital tools to assist with vehicle inspections, maintenance tracking, defect reporting, and repair workflows.
Foundation Fleet does not guarantee compliance with FMCSA, DOT, state, provincial, or local regulations.
The motor carrier remains solely responsible for ensuring compliance with all applicable laws, regulations, inspection requirements, and record retention obligations.
19. General
These Terms, together with the Privacy Policy, Subscription & Billing Agreement, AI Disclaimer & Acceptable Use Policy, and (if applicable) the Outsourced Parts Department Service Agreement, constitute the entire agreement. If any provision is held unenforceable, the remaining provisions remain in effect. No waiver is effective unless in writing.
For questions about these Terms, contact legal@foundationfleetservices.com.