IMPORTANT LEGAL NOTICE TO ALL USERS:
PLEASE READ THESE MASTER TERMS OF SERVICE CAREFULLY. THIS CONTRACT CONTAINS MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND EXTENSIVE CARGO AND VEHICULAR LIABILITY DISCLAIMERS THAT GOVERN ALL DISPUTES WITH KONECTLOG TECHNOLOGIES LLC.
1. Nature of Service: Technology Provider Disclaimer
Konectlog Technologies LLC ("Konectlog", "Company", "we", "us") operates strictly and solely as a software-as-a-service (SaaS) and technology platform provider. KONECTLOG IS NOT A MOTOR CARRIER, FREIGHT FORWARDER, FREIGHT BROKER, PROPERTY BROKER, TRANSPORTATION INTERMEDIARY, WAREHOUSE OPERATOR, OR INSURER UNDER TITLE 49 OF THE UNITED STATES CODE OR ANY APPLICABLE STATE LAW.
Konectlog does not arrange transportation, negotiate freight charges with shippers, hire drivers, own commercial trucking equipment, or exercise care, custody, physical possession, or control over any freight, cargo, trailer, or vehicle at any time.
2. Absolute Cargo Liability Exclusion (Carmack Amendment Disclaimer)
To the maximum extent permitted by applicable law, including the Carmack Amendment (49 U.S.C. § 14706) and common law principles: KONECTLOG ASSUMES ZERO FINANCIAL OR LEGAL RESPONSIBILITY FOR ANY LOSS, THEFT, DAMAGE, DESTRUCTION, SPOILAGE, CONTAMINATION, DELAY, TEMPERATURE FAILURE, HIJACKING, SHORTAGE, OR MISDELIVERY OF CARGO OR MERCHANDISE.
All cargo claims, freight claims, and subrogation demands must be resolved exclusively between the respective motor carrier, freight broker, shipper, consignee, and their respective commercial inland marine and cargo insurance underwriters.
3. Navigational Assistance, Highway Safety & Bridge Clearance Disclaimer
Turn-by-turn routing, live traffic speed maps, alternative directions, and voice maneuver announcements provided through the Konectlog mobile application or web portal are informational and advisory tools only.
- Driver Sovereignty: Commercial drivers retain 100% independent command and responsibility for safe vehicular operation in compliance with all Federal Motor Carrier Safety Regulations (FMCSR), state Department of Transportation (DOT) mandates, and local road ordinances.
- Overhead Clearances & Weight Restrictions: The driver is solely responsible for physically verifying posted bridge heights, overhead structures, gross vehicle weight limits, hazardous materials (HAZMAT) restricted corridors, and residential truck prohibitions.
- No Distracted Driving: Drivers must strictly adhere to federal and state hands-free mobile device regulations while operating a commercial motor vehicle.
- Accident Immunity: Konectlog shall have zero liability for traffic citations, vehicular collisions, property damage, roadway delays, personal injuries, or fatalities arising out of or related to the use of routing suggestions.
4. Independent Contractor & Employment Disclaimers
Nothing in these Terms or within the platform shall be construed as creating an employer-employee, joint employer, agency, partnership, franchise, or joint venture relationship between Konectlog and any motor carrier, driver, dispatcher, or independent contractor. Drivers operate under the authority, supervision, and insurance of their licensed motor carrier.
5. TCPA, WhatsApp Business & Electronic Messaging Consent
By entering a telephone number, registering on the platform, or accepting a dispatch assignment, users and drivers grant express written consent pursuant to the Telephone Consumer Protection Act (47 U.S.C. § 227) and CTIA guidelines to receive automated dispatch manifests, tracking hyperlinks, and operational notifications via SMS and Meta WhatsApp Business Cloud API from +1 832-829-6726. Consent may be revoked at any time by replying STOP.
6. Monetary Limitation of Liability (Damage Cap)
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KONECTLOG TECHNOLOGIES LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, DETENTION CHARGES, LAYOVER FEES, TOWING EXPENSES, VEHICLE DOWNTIME, OR REPLACEMENT FREIGHT COSTS).
IN ALL CIRCUMSTANCES, KONECTLOG'S AGGREGATE MAXIMUM CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE PLATFORM SHALL BE STRICTLY LIMITED TO AND NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD) OR THE TOTAL SOFTWARE SUBSCRIPTION FEES PAID BY THE USER TO KONECTLOG IN THE THREE (3) MONTHS PRECEDING THE CLAIM, WHICHEVER IS LESS.
7. Comprehensive Defense & Indemnification
Motor carriers, brokers, dispatchers, and drivers agree to defend, fully indemnify, and hold completely harmless Konectlog Technologies LLC and its officers, directors, employees, and successors against any and all claims, suits, liabilities, losses, damages, DOT/FMCSA regulatory penalties, legal fees, and settlement costs arising out of: (a) breach of this Agreement; (b) vehicular accidents or cargo damage; (c) driver misclassification claims; or (d) violation of any federal, state, or municipal law.
8. Mandatory Binding Arbitration, Class Action Waiver & Texas Forum
Exclusive Governing Law: These Terms shall be interpreted and governed by the laws of the State of Texas and applicable United States federal law, without giving effect to conflict-of-law principles.
Mandatory Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) in Houston, Texas, under its Commercial Arbitration Rules.
CLASS ACTION WAIVER: ALL PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER PARTY SHALL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER REPRESENTATIVE CAPACITY.