TERMS OF SERVICE
Effective date: _________
For purposes of these Terms, "DM2GO" refers to the software platform operated by DM2GO LLC.
1.1 Provider Identity.
DM2GO is operated by DM2GO LLC, a corporation duly incorporated under the laws of the State of Delaware, United States, with its principal place of business at _____________ (dirección cuando la crees).
DM2GO LLC operates the platform under license from HIMMEL LLC, also a Delaware corporation, which retains ownership of all intellectual property related to the DM2GO software, platform, and brand, a corporation duly incorporated under the laws of the State of Delaware, United States, with its principal place of business at The Green, Dover, DE 19901.
DM2GO provides a software-as-a-service (SaaS) platform only. DM2GO does not act as a freight broker, motor carrier, dispatcher, logistics provider, agent, or representative, and does not provide transportation services as defined under U.S. federal or state law.
1.2 Acceptance of the Terms.
By accessing, registering for, or using DM2GO, including by creating an account or clicking an acceptance checkbox, you expressly acknowledge that you have read, understood, and agreed to be legally bound by these Terms of Service (“Terms?, the Privacy Policy, the Data Processing Agreement (“DPA?, and any incorporated policies.
1.3 Description of the Service.
DM2GO is a cloud-based software platform designed to assist dispatchers, carriers, owner-operators, and small fleets in managing operational data, documentation, workflows, historical records, and basic financial tracking related to freight transportation operations. DM2GO provides technical tools only and does not guarantee rates, profits, regulatory compliance, operational success, or business outcomes.
1.4 Explicit Disclaimer of Regulated Roles.
DM2GO is not: - A freight broker under 49 U.S.C. §13102 - A motor carrier under 49 U.S.C. §13102 - A dispatcher or transportation intermediary - A party to any load, rate confirmation, or transportation agreement. All transportation, safety, regulatory, and commercial decisions remain solely with the user.
1.5 User Responsibilities and Legal Representations.
You represent, warrant, and agree that: You are solely responsible for all data, documents, and content uploaded, stored, or processed through DM2GO. You have obtained all legally required rights, permissions, and consents to upload and process data relating to third parties, including drivers, carriers, brokers, shippers, and receivers. You are responsible for compliance with all applicable laws, including but not limited to federal transportation regulations, employment laws, tax laws, and privacy laws. You obtain explicit, informed consent where required for processing sensitive personal data, including Social Security Numbers (SSN), Employer Identification Numbers (EIN), driver licenses, TWIC cards, and similar identifiers. DM2GO disclaims all responsibility for unlawful, unauthorized, or inaccurate data provided by users.
1.6 Limited Technical Access to Data by DM2GO.
You expressly authorize DM2GO to access, view, process, and handle user data strictly on a limited, need-to-know technical basis and solely for legitimate purposes: providing technical support, system maintenance, debugging, security, fraud prevention, and legal compliance. DM2GO does not access user data for operational decision-making, dispatch activities, marketing, or commercial exploitation.
1.7 Account Security and Sub-Users.
Users are responsible for maintaining the confidentiality of login credentials and for all activity occurring under their account, including actions of sub-users. You must promptly notify DM2GO of any suspected unauthorized access or security incident.
1.8 Acceptable Use Policy.
You may not use DM2GO to violate any applicable law, upload personal data without lawful authorization, engage in fraud, attempt unauthorized access, or interfere with platform integrity. DM2GO reserves the right to suspend or terminate access for violations.
1.9 Payments and Billing.
All fees for paid services are listed on the Service and are due as indicated. Payments are non-refundable unless explicitly stated. DM2GO may suspend or terminate your account for non-payment.
1.10 License Grant.
DM2GO grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or business purposes strictly in accordance with these Terms. All rights not expressly granted are reserved by DM2GO.
1.11 Intellectual Property.
All software, content, designs, graphics, logos, trademarks, and underlying technology of DM2GO are owned by HIMMEL LLC or its licensors. DM2GO LLC is authorized to operate and commercialize the platform under license. You may not copy, modify, distribute, reverse engineer, decompile, or create derivative works from the Service without prior written consent.
1.12 Indemnification.
You agree to indemnify, defend, and hold harmless DM2GO LLC, HIMMEL LLC, and their affiliates, officers, and employees from any claims, damages, liabilities, costs, or expenses (including attorneys?fees) arising from your use of the Service, violation of these Terms, or violation of any law or third-party rights.
1.13 Service Availability.
DM2GO is provided on an “as available?and “as is?basis. DM2GO does not guarantee uninterrupted availability, uptime, or error-free operation. Scheduled and unscheduled maintenance may occur.
1.14 Limitation of Liability.
To the maximum extent permitted by Delaware law and applicable U.S. federal law, DM2GO LLC and HIMMEL LLC shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, or business opportunities. DM2GO’s total cumulative liability shall not exceed the total fees paid by the user to DM2GO during the twelve (12) months preceding the event giving rise to the claim.
1.15 Disclaimer of Warranties.
The Service is provided “as is?and “as available,?without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
1.16 Termination.
Either party may terminate the account at any time. DM2GO may suspend or terminate access immediately for violations of these Terms or applicable law.
1.17 Data Retention and Deletion.
User data is retained for the duration of the contractual relationship. Upon termination, data will be retained for a commercially reasonable period of 7 years, unless required otherwise by law. Data will thereafter be deleted or anonymized in accordance with DM2GO’s retention policies.
1.18 No Professional Advice.
The Service does not constitute legal, financial, tax, or regulatory advice. Users are responsible for consulting qualified professionals.
1.19 No Duty to Monitor.
DM2GO has no obligation to monitor user activity and is not responsible for user conduct or compliance.
1.20 Export Control / Sanctions.
You agree to comply with all applicable U.S. export laws and regulations, including OFAC sanctions.
1.21 Force Majeure.
DM2GO is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, internet outages, or cyberattacks.
1.22 Dispute Resolution / Arbitration.
Any dispute will be resolved via binding arbitration under the rules of the American Arbitration Association (AAA). You waive your right to participate in class actions. Arbitration will take place in Delaware, USA, and judgment on the award may be entered in any court of competent jurisdiction.
1.23 Entire Agreement.
These Terms, together with our Privacy Policy, DPA, and any incorporated policies, constitute the entire agreement between you and DM2GO regarding the Service and supersede all prior agreements.
1.24 Modifications to the Terms.
DM2GO may modify these Terms from time to time. Material changes will be communicated through the platform or by email. Continued use constitutes acceptance of the revised Terms.
1.25 Governing Law and Jurisdiction.
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Exclusive jurisdiction and venue shall lie in the state or federal courts located in the State of Delaware.