Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) are an agreement between Highway TMS (“we,” “us,” or the “Company”) and the trucking company or other business that creates a HighwayTMS company workspace (the “Customer” or “you”). They govern access to and use of HighwayTMS, a browser-based transportation management system (the “Service”), including the public pages, the authenticated application, and related APIs.

By creating an account, signing in, or using the Service, you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy, and the other documents they reference, including the End User License Agreement and the Billing, Renewal & Refund Terms. If you do not agree, do not use the Service.

Acceptance is recorded electronically. The person who sets up the company workspace accepts at account setup, on behalf of the company. Each user an Admin adds later is asked to accept at first sign-in, and again whenever we publish a new version that requires re-acceptance. A user cannot use the application until they have accepted.

2. The Service

HighwayTMS is a multi-tenant transportation management system for trucking companies. Depending on how your company uses it, the Service lets authorized users:

• register a company account and manage Admin and Employee users;
• record and track freight loads, trucks, drivers, repairs, and expenses;
• store freight documents such as bills of lading (BOLs), proofs of delivery (PODs), and rate confirmations;
• store driver credential documents such as CDL and DOT medical-card files;
• prepare contractor/owner-operator Driver Settlement Statements and downloadable settlement PDFs;
• download a prefilled driver employment application template; and
• export operational records (for example, CSV exports) for your own reporting.

The Service is a record-keeping and operations tool. It does not dispatch freight on your behalf, employ your drivers, process payments, or act as a broker, carrier, or freight forwarder.

3. Eligibility & Authority

The Service is offered to businesses, not consumers. You must be at least 18 years old and able to form a binding contract to use it. If you create or administer a company workspace, or add users to one as an Admin, you represent that you are authorized to bind that company to these Terms, and “you” refers to that company. An Admin who adds users acts for the company: the company is bound by these Terms and is responsible for the users the Admin adds, even though each user also accepts at first sign-in.

4. Company Accounts & User Accounts

Each company operates inside its own workspace. The person who creates the workspace becomes its first Admin and can invite additional users with Admin or Employee roles. A separate platform-level Sysadmin role exists for operating the Service itself; it is not part of your company and does not, by itself, grant access to your company’s documents or financial data.

You are responsible for everything that happens under your company’s accounts, including actions taken by users you add. Each user an Admin adds must accept these Terms and the Privacy Policy at first sign-in before using the Service; an Admin cannot accept for them. Provide accurate registration information and keep it current.

5. Account Credentials & Security

Keep passwords confidential and do not share accounts between people. Each person who needs access should have their own user account so that role-based permissions and audit trails remain meaningful. Notify us promptly at support@highwaytms.com if you suspect unauthorized access to any account.

6. Admin & Employee Permissions

The Service enforces role-based access inside each workspace. In the current release, Admins can access financial and credential information (such as rate confirmations, settlement data, and CDL/medical documents), while Employees are limited to operational workflows such as load tracking and BOL/POD document handling. You are responsible for assigning the correct role to each user and for removing access promptly when someone leaves your company.

7. Acceptable Use

You must use the Service lawfully and in line with our Acceptable Use Policy, which is part of these Terms. Among other things, you may not attempt to access another company’s workspace, probe or disrupt the platform, upload malicious files, or submit content you have no right to process.

8. Customer Data

“Customer Data” means the information and files your company and its users enter or upload to the Service — for example company settings, load, truck, driver, repair, and expense records, rate and settlement information, and uploaded documents.

You own your Customer Data. We claim no ownership over it. You grant us a limited, non-exclusive license to host, store, transmit, display, and otherwise process Customer Data solely as needed to operate, secure, support, and improve the Service for you, and as described in the Privacy Policy. We do not sell Customer Data, and we do not use it to advertise.

You are responsible for the accuracy, quality, and legality of Customer Data and for having any rights, permissions, or notices needed to submit it — including personal information about your drivers, employees, and contractors.

9. Documents & Uploads

The Service stores documents in private, authenticated storage. Documents are not shared through public, transferable links, and access follows your workspace’s role rules. You must not upload content that is unlawful, infringing, or malicious (including malware or files designed to exploit the Service or its users), or documents you have no right to store or process. We may remove or restrict content that violates these Terms or the Acceptable Use Policy. Copyright complaints are handled under our Copyright (DMCA) Policy.

The Service stores and retrieves the files you upload; it does not verify their authenticity, accuracy, or legal sufficiency.

10. Transportation Operations Remain Yours

You are solely responsible for your transportation operations, including driver qualification, hours-of-service, safety, insurance, permitting, and compliance with applicable transportation, labor, tax, and record-keeping laws. The Service records and organizes information you provide; it does not make operational, safety, hiring, or compliance decisions for you.

11. Credential Records Are Not a Compliance Determination

The Service can store CDL and DOT medical-card documents and display advisory status labels (for example Missing, Expiring, Expired, or Valid) based on dates your company records. These labels are convenience indicators only. Storing a document or a date in the Service does not establish, certify, or guarantee that a driver, vehicle, or company complies with FMCSA, DOT, state, or any other regulatory requirement. You remain responsible for verifying credentials and determining compliance.

The same applies to driver drug- and alcohol-test records. The Service only stores the records and documents your company chooses to upload. It is not a Medical Review Officer, Third-Party Administrator, or Consortium service; it does not conduct, schedule, or report testing; and it is not connected to the FMCSA Drug & Alcohol Clearinghouse. Your company remains responsible for meeting 49 CFR Part 40 and the related FMCSA rules, including confidentiality and release requirements for test results.

12. Employment Application Templates & Settlement Statements

The Service can generate a prefilled employment application template using company and driver information already in your workspace. It is a starting template, not a completed application: the applicant and your company must review, complete, and sign it, and you are responsible for confirming it satisfies the requirements that apply to your business.

The Service can also prepare Driver Settlement Statements for contractors/owner-operators from load and rate information in your workspace, and produce downloadable settlement PDFs. Settlement Statements are business records your company reviews and approves. They are not payroll, wage statements, paystubs, or tax documents, and the Service does not perform payroll processing, tax withholding, or payment execution.

13. No Professional Advice

The Service and its content do not provide legal, tax, accounting, payroll, insurance, or regulatory-compliance advice. Consult qualified professionals about your specific obligations.

14. Verify Your Operational & Financial Data

Calculations, totals, exports, and generated documents in the Service are produced from the data your company enters. Review them before relying on them for billing, settlements, tax, or regulatory purposes. If something looks wrong, correct the underlying record or contact support.

15. Third-Party Services

The Service is built on third-party infrastructure — currently including Supabase (authentication, database, and file storage) and Vercel (hosting). Your use of the Service is also subject to those providers’ availability. We are not responsible for third-party services outside our reasonable control. The Privacy Policy describes how these providers handle data.

If an authorized user requests optional AI-assisted rate-confirmation parsing, document content or extracted text may also be sent to an eligible configured provider as described in the Privacy Policy.

16. Availability, Backups & Changes to the Service

We work to keep the Service available and reliable, but we do not promise uninterrupted or error-free operation. Maintenance, updates, and infrastructure issues can cause downtime or degraded performance.

We take reasonable measures to protect stored data. Even so, no storage system is immune to failure or loss, so you should keep your own copies of important records and documents (the Service provides exports and downloads for this purpose). To the extent permitted by law, we are not liable for data loss that reasonable safeguards could not prevent.

We may add, change, or remove features over time. If a change materially reduces the Service for paying customers, we will try to give reasonable advance notice.

17. Intellectual Property & Feedback

The Service, including its software, design, branding, and documentation, is owned by Highway TMS and protected by intellectual-property laws. These Terms give you a limited right to use the Service; they do not transfer any ownership of it to you.

If you send us suggestions or feedback about the Service, you agree we may use them without restriction or compensation, as long as we do not disclose your confidential Customer Data.

18. Suspension & Termination

You may stop using the Service and request account closure at any time. We may suspend or terminate access if you breach these Terms or the Acceptable Use Policy, if we reasonably believe use of your account threatens the security or integrity of the Service or other customers, or if required by law. Where practical, we will give notice and a chance to fix the issue before suspending.

If a subscription payment fails and is not resolved within the grace period described in the Billing, Renewal & Refund Terms, we may suspend access to the workspace for non-payment. Suspension does not delete your data, and access resumes when the account is brought current. Subscription cancellation, renewal, and refunds are governed by those billing terms.

When a company account is closed, access to its workspace ends. We handle retained data as described in the Privacy Policy: some records may be kept where needed for legal obligations, dispute resolution, security, or legitimate business records, and deletion may not be immediate where backups or legal holds apply. Sections that by their nature should survive termination (for example data ownership, disclaimers, limitation of liability, indemnification, and governing law) survive.

19. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) DATA WILL NOT BE LOST OR CORRUPTED; (C) RECORDS, STATUS LABELS, CALCULATIONS, EXPORTS, OR GENERATED DOCUMENTS WILL BE ACCURATE, COMPLETE, OR SUFFICIENT FOR ANY REGULATORY, TAX, PAYROLL, OR LEGAL PURPOSE; OR (D) AI-ASSISTED OUTPUT, SUCH AS PARSED RATE-CONFIRMATION FIELDS, WILL BE CORRECT.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HIGHWAY TMS NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

[LIABILITY CAP — REQUIRES LEGAL REVIEW: e.g., “OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.”] Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

21. Indemnification

[REQUIRES LEGAL REVIEW] To the extent permitted by law, you agree to defend, indemnify, and hold harmless Highway TMS from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your Customer Data, including personal information you submit about drivers, employees, or contractors; (b) your violation of these Terms or the Acceptable Use Policy; (c) your transportation operations; or (d) your violation of any law or third-party right.

22. Governing Law & Disputes

[REQUIRES LEGAL REVIEW] These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-laws rules.

[DISPUTE RESOLUTION — REQUIRES LEGAL REVIEW: counsel to decide whether to require informal resolution first, binding individual arbitration, a class-action and jury waiver, or small-claims and injunctive-relief carve-outs. Until counsel decides, no arbitration agreement or class-action waiver applies.]

23. Changes to these Terms

We may update these Terms from time to time. We will post the current version on this page and update the “Last updated” date. If a change is material, we will make reasonable efforts to notify customers (for example, by email or an in-app notice) before it takes effect. Continuing to use the Service after changes take effect means you accept the updated Terms.

24. Contact

Highway TMS

General & support: support@highwaytms.com
Privacy questions: support@highwaytms.com
Security reports: support@highwaytms.com