01Acceptance of these Terms
These Terms of Service (“Terms”) govern your access to and use of the ELD Runner electronic logging software, driver mobile application, web portal, website at eldrunner.com, related hardware and support (together, the “Services”), provided by ELD Runner (“ELD Runner”, “we”, “us” or “our”). By creating an account, installing the app, ordering devices or otherwise using the Services, you agree to these Terms. If you use the Services on behalf of a motor carrier or other company, you confirm that you are authorized to bind that company, and “you” refers to that company.
If a separate written agreement or order form between you and ELD Runner covers the Services, that agreement controls where it conflicts with these Terms.
02The Services
ELD Runner provides an electronic logging device (ELD) solution for commercial motor vehicle operators in the United States, including automatic recording of driving time, duty status management, driver certification of records, edit and annotation history, unidentified driving records, malfunction and data diagnostic monitoring, roadside display and data transfer, DVIR, GPS tracking, IFTA mileage reporting and fleet management tools. Supported ELD hardware currently includes the Pacific Track PT30 and the IOSiX ELD.
The Services are designed to meet the technical specifications for ELDs in Appendix A to Subpart B of 49 CFR Part 395. Features may change over time as we improve the Services or as regulations change.
03Accounts and eligibility
The Services are intended for business use by motor carriers, their drivers and authorized staff. You must be at least 18 years old to use them. Motor carrier administrators create and manage driver and user accounts. You agree to provide accurate information, keep credentials confidential, use a unique login for each driver, and notify us promptly at info@eldrunner.com of any unauthorized use. You are responsible for activity under your accounts.
04Motor carrier responsibilities
Using an ELD does not transfer your regulatory obligations to us. As a motor carrier you remain responsible for compliance with the Federal Motor Carrier Safety Regulations, including 49 CFR Part 395. Among other things, you agree to:
- train drivers and support staff to use the Services correctly;
- keep in each vehicle the ELD information packet required by 49 CFR 395.22(h): the user’s manual, the data transfer instruction sheet, the malfunction instruction sheet and a supply of blank graph-grid paper logs for at least 8 days;
- install and mount ELD devices as instructed and keep them connected while vehicles are operated;
- review and assign or annotate unidentified driving records;
- request edits only for legitimate reasons, understanding that edits require driver approval and that original records are preserved;
- repair, replace or service a malfunctioning ELD within 8 days of discovering the malfunction or receiving a driver’s notice, as required by 49 CFR 395.34, and request any extension from FMCSA when needed;
- retain records of duty status and supporting documents for at least 6 months as required by 49 CFR 395.8(k).
05Driver responsibilities
Drivers agree to log in to the app before operating the vehicle, select the correct duty status, review and certify their daily records, respond to edit requests, and keep the device connected. If the ELD malfunctions, the driver must note the malfunction, notify the motor carrier in writing within 24 hours, reconstruct records for the current 24-hour period and the previous 7 consecutive days on paper graph-grid logs unless they are retrievable from the ELD, and continue paper logs until the ELD is back in service. During a roadside inspection, drivers present their records using the app’s DOT Inspection mode or transfer them as the authorized safety official requests.
06ELD hardware
Devices are supplied as described in your order. Title to purchased devices passes on delivery; leased or loaned devices remain our property or our supplier’s and must be returned in good condition when service ends. Device warranties are provided by the manufacturer and passed through to you where permitted. We are not responsible for damage caused by improper installation, tampering, vehicle electrical faults or use outside the manufacturer’s specifications.
07Fees and payment
Subscription fees, device charges and any other fees are set out in your order or the plan you select. Unless stated otherwise, fees are billed in advance, are payable in US dollars and exclude taxes, which you are responsible for. We may suspend the Services for accounts more than 15 days past due after notice. Fees are non-refundable except where the law requires otherwise or your order says so. We may change prices for future billing periods with at least 30 days’ notice.
08Your data
As between you and us, the motor carrier owns the records of duty status, vehicle, location and other data submitted through the Services for its fleet (“Customer Data”). You grant us a non-exclusive license to host, process, transmit and display Customer Data to provide and support the Services, to meet legal obligations, and to transfer records to FMCSA or authorized safety officials when a driver initiates a transfer. We may use de-identified and aggregated data to operate and improve the Services. You may export Customer Data at any time while your account is active and for 30 days after termination, after which we may delete it unless the law requires us to keep it. Our handling of personal information is described in our Privacy Policy.
09SMS messaging terms
If you opt in on our website or in the Services, ELD Runner may send you SMS text messages about your inquiry, account notifications, service alerts and customer support. Consent to receive text messages is optional and is not a condition of purchase.
- Frequency: message frequency varies with your inquiry and account activity.
- Cost: message and data rates may apply, according to your mobile plan.
- Opt out: reply STOP to any message to stop receiving texts. You will receive one confirmation message and no further texts unless you opt in again.
- Help: reply HELP for help, call (919) 125-4111 or email info@eldrunner.com.
- Carriers: mobile carriers are not liable for delayed or undelivered messages.
We do not share mobile numbers or SMS opt-in data with third parties for their marketing purposes. See the Privacy Policy for details.
10Acceptable use
You agree not to: falsify, alter or delete records of duty status in violation of 49 CFR Part 395; tamper with, disconnect or interfere with an ELD to avoid recording; share login credentials between drivers; reverse engineer, copy or resell the Services; access the Services to build a competing product; upload malicious code; or use the Services in violation of any law. We may suspend accounts that violate this section.
11Third-party services and connectivity
The Services depend on mobile devices, Bluetooth, cellular networks, GPS, app stores, cloud hosting and FMCSA systems that we do not control. We are not responsible for interruptions or errors caused by them, including periods when FMCSA data transfer services are unavailable. If a transfer cannot be completed, drivers should display their records on screen and follow the instructions in the DOT Instruction Guide.
12Intellectual property
The Services, software, documentation, trademarks and the ELD Runner name and logo are owned by ELD Runner or its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription in accordance with these Terms. Feedback you provide may be used by us without obligation.
13Regulatory disclaimer
Hours-of-service clocks, alerts and violation warnings are tools to help drivers and carriers comply; they do not replace the driver’s and carrier’s own responsibility to follow the regulations. We do not provide legal advice and do not guarantee that use of the Services will prevent violations, citations, out-of-service orders, fines or audits.
14Disclaimer of warranties
Except as expressly stated in these Terms or your order, the Services are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement, and we do not warrant that the Services will be uninterrupted or error-free.
15Limitation of liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising out of these Terms or the Services. Our total liability for all claims relating to the Services will not exceed the fees you paid us for the Services in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations or to either party’s liability that cannot be limited by law.
16Indemnification
You agree to defend, indemnify and hold harmless ELD Runner and its officers, employees and agents from claims, penalties and costs (including reasonable attorneys’ fees) arising from your violation of these Terms, your violation of law or regulation, or the operation of your vehicles.
17Term, suspension and termination
These Terms apply while you use the Services. Either party may end a subscription as provided in your order, or, where no term is stated, with 30 days’ written notice. We may suspend or terminate access immediately for material breach, non-payment or misuse that threatens the Services or other users. Sections that by their nature should survive termination, including Your data, Intellectual property, the disclaimers, Limitation of liability, Indemnification and Governing law, survive.
18Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms on this page with a new effective date and, for material changes, notify account administrators by email or in the Services. Continued use after the effective date means you accept the updated Terms.
19Governing law and disputes
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules. The state and federal courts located in Cook County, Illinois have exclusive jurisdiction over any dispute arising out of these Terms or the Services, and each party consents to their jurisdiction. Before filing a claim, the parties will try in good faith to resolve the dispute informally for 30 days.
20General
You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. These Terms, together with any order and the Privacy Policy, are the entire agreement between you and us about the Services.
21Contact us
ELD Runner
3670 Hill St, Apt 85
Downtown Plaza
Chicago, IL 23802
Phone: (919) 125-4111
Email: info@eldrunner.com