Terms of Service
Please read these Terms carefully before using Eagle Eye ELD. By accessing our platform, you agree to be bound by these terms and all applicable laws.
Plain-Language Summary
Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Eagle Eye ELD, Inc. ("Eagle Eye ELD," "we," "us," or "our"), a corporation incorporated in Texas, USA. These Terms govern your access to and use of the Eagle Eye ELD electronic logging device platform, including our ELD hardware, mobile application, web dashboard, API, and related services (collectively, the "Platform").
By clicking "I Agree," executing an Order Form, using the Platform, or accepting delivery of ELD hardware, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
Definitions
| Term | Definition |
|---|---|
| "Account" | A registered account created by a Fleet Administrator to access and manage the Platform for an Organization. |
| "ELD Device" | The Eagle Eye ELD hardware unit (OBD-II or J1939) provided under a subscription plan to record engine and vehicle data. |
| "Fleet Data" | All HOS logs, GPS location records, DVIR entries, safety events, and vehicle data generated by use of the Platform. |
| "Fleet Administrator" | The individual designated by the Organization with authority to manage drivers, vehicles, and billing settings. |
| "Driver" | A commercial motor vehicle operator who uses the Eagle Eye ELD mobile app to record Hours of Service. |
| "FMCSA" | The Federal Motor Carrier Safety Administration, the US federal agency that regulates commercial motor vehicle safety. |
| "Subscription" | A recurring billing arrangement granting access to Platform features for a specified number of vehicles. |
| "Order Form" | A written or electronic document specifying plan, vehicle count, term, and pricing agreed upon by both parties. |
Account Registration & Access
To access the Platform you must register for an Account by providing accurate and complete information. You agree to maintain and update your Account information to keep it current at all times.
- Account Security: You are responsible for maintaining the confidentiality of your login credentials and must immediately notify us at security@eagleeyeeld.com of any unauthorized access.
- Accurate Information: You must provide your legal motor carrier name, USDOT number, and valid contact and billing details.
- Multi-Factor Authentication: We strongly recommend enabling MFA on all Fleet Administrator accounts and may require it for accounts managing 25+ vehicles.
- Prohibited: You may not share Account credentials outside your Organization, resell Platform access, or use automated means to access the Platform without prior written consent.
Services & Service Level Agreement
Eagle Eye ELD agrees to provide the Platform services described in your Subscription plan. We commit to 99.9% monthly uptime for our web dashboard, API, and mobile app sync services, excluding scheduled maintenance windows.
- Scheduled Maintenance: Performed between 2–4 AM CT on Sundays with 48-hour advance notice via email and in-app banner.
- Incident Response: P1 (service down) incidents targeted for resolution within 2 hours. Status updates every 30 minutes during outages.
- SLA Credits: If monthly uptime falls below 99.9%, eligible customers receive a prorated credit of 10% of monthly fees per 0.1% below SLA.
License Grant & Intellectual Property
Subject to your compliance with these Terms and timely payment of all fees, Eagle Eye ELD grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your Organization's internal fleet management purposes during the Subscription term.
- Use the Platform for HOS logging, GPS tracking, and related compliance needs.
- Download and export Fleet Data that originates from your own vehicles and drivers.
- Copy, modify, reverse engineer, or decompile any part of the Platform.
- Resell, sublicense, or commercialize access to the Platform to third parties.
- Remove or alter any proprietary notices, logos, or trademarks on the Platform or hardware.
Acceptable Use Policy
You agree to use the Platform only for lawful purposes. The following uses are strictly prohibited:
- Falsifying, editing, or deleting HOS records in violation of 49 CFR Part 395 or Transport Canada regulations.
- Attempting to circumvent, disable, or tamper with the ELD device's recording functions or engine data connections.
- Using the Platform to track individuals without their knowledge in violation of applicable privacy laws.
- Uploading malware, conducting denial-of-service attacks, or attempting unauthorized access to our systems.
- Scraping or bulk-downloading data from the Platform without prior written consent.
- Violating any applicable federal, state, provincial, or local law in connection with use of the Platform.
Violations may result in immediate Account suspension or termination without refund. We reserve the right to report violations to applicable regulatory authorities including FMCSA.
Fees, Billing & Payment
| Topic | Policy |
|---|---|
| Billing Cycle | Monthly plans billed on the same calendar date each month. Annual plans billed upfront in full at start of each term. |
| Payment Methods | Major credit/debit cards (Visa, Mastercard, Amex), ACH bank transfer, and NET-30 invoicing for Enterprise accounts. |
| Late Payments | Unpaid invoices accrue 1.5% interest/month after a 10-day grace period. Service may be suspended after 30 days past due. |
| Price Changes | 60 days written notice for any price adjustments. Annual plan prices locked until renewal. |
| Monthly Refunds | Cancel anytime. No refunds for the current billing period; service continues until period end. |
| Annual Refunds | Annual plans are non-refundable. Service continues through end of the prepaid term upon cancellation. |
| Free Trial | 30-day free trial with one ELD device per vehicle. Converts automatically to paid plan unless cancelled before trial ends. |
ELD Hardware
ELD hardware remains the property of Eagle Eye ELD, Inc. and is provided on a loan basis during the active Subscription term. Hardware ships via FedEx 2-Day at no additional charge.
- Warranty: Devices are warranted against defects for the duration of your active Subscription. Defective units replaced at no charge within 1–2 business days.
- Firmware Updates: Automatic over-the-air updates maintain FMCSA registration and add features, deployed during low-activity hours.
- Return on Cancellation: Return all ELD devices within 30 days of termination using our prepaid label. Unreturned devices charged at $149/unit.
- Tampering Prohibition: Federal law (49 CFR § 395.22) prohibits tampering with or disabling an ELD device. Such tampering may constitute a federal offense.
Data Ownership & Privacy
Fleet Data generated by your vehicles and drivers belongs to your Organization. We process Fleet Data solely to provide the Platform services, as described in our Privacy Policy.
- Export all Fleet Data in JSON or CSV format anytime via Dashboard → Settings → Data Export.
- We maintain Fleet Data for a minimum of 6 months as required by FMCSA.
- During a DOT roadside inspection, we facilitate HOS record transfer to enforcement officers as required by 49 CFR § 395.22(g).
Warranties & Disclaimers
Eagle Eye ELD warrants that: (a) the Platform will perform materially in accordance with our documentation; (b) we will maintain commercially reasonable security measures; and (c) ELD devices meet all current FMCSA technical specifications under 49 CFR Part 395.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EAGLE EYE ELD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS.
- FMCSA violations or DOT fines resulting from driver error or failure to comply with regulations.
- Loss of data due to network connectivity issues outside our infrastructure control.
- Third-party system failures including TMS, payroll, or dispatch integrations you have enabled.
Term & Termination
- Termination by You: Cancel anytime. Monthly plans terminate at end of current billing cycle. Annual plans terminate at end of prepaid term.
- Termination by Us: We may suspend or terminate immediately for material breach, non-payment, ELD tampering, or fraudulent activity.
- Effect of Termination: Your license ends immediately. Return all hardware within 30 days. Fleet Data available for export for 60 days post-termination.
- Survival: Sections on IP, data ownership, disclaimers, liability limits, and governing law survive termination.
Governing Law & Disputes
These Terms are governed by the laws of the State of Texas, USA. Disputes not resolved informally shall be submitted to binding arbitration administered by the AAA in Dallas County, Texas. Class action waiver applies.
General Provisions
- Entire Agreement: These Terms, Privacy Policy, Order Form, and any addenda constitute the entire agreement between the parties.
- Amendments: Material changes communicated 14 days before taking effect. Continued use constitutes acceptance.
- Severability: If any provision is held invalid, remaining provisions continue in full force.
- Force Majeure: Neither party is liable for delays caused by events beyond their reasonable control.
- Legal Notices: Eagle Eye ELD, Inc., Attn: Legal Dept. · Fresno, CA · legal@eagleeyeeld.com
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