Terms of Service

1. What RoadDesk is

RoadDesk is software that helps fleets manage truck breakdowns. It answers driver calls and texts, contacts the vendors you have added, collects quotes, requests approvals under the rules you set, and keeps a record of each case.

RoadDesk is software, not a roadside assistance, towing, or repair provider. You choose which vendors are on your list and which ones RoadDesk may contact, and you pay vendors directly. Any agreement for repair, tire, or towing work is between you and the vendor. FluxorAI is not a party to it, does not handle repair payments, and is not responsible for a vendor’s work, pricing, delays, or conduct.

2. Not an emergency service

RoadDesk is not a substitute for emergency services. In an accident, injury, fire, hazmat situation, or any other emergency, drivers should call 911 first. RoadDesk routes safety issues to the contacts you designate, but we cannot guarantee that a person will answer.

3. Your account

• You are responsible for your users, keeping sign-in details secure, and all activity under your account.
• You must give us accurate information about your trucks, drivers, vendors, and rules, and keep it up to date.
• You are responsible for the approval limits, escalation contacts, and other rules you set. RoadDesk acts on them as configured.

4. Consent for calls and texts

You are responsible for getting any consent required by law before adding a driver, manager, or other person to RoadDesk, including consent to receive calls and text messages and to have calls recorded and transcribed. Our SMS Terms describe the messages RoadDesk sends.

5. Automated assistance

RoadDesk uses AI to handle calls and messages. It can misunderstand people, make mistakes, or be unable to reach vendors. You should review cases and use the controls RoadDesk provides, such as approval limits and escalation, to decide what the system may do on its own.

6. Fees and payment

• You agree to pay the fees for your plan, which are generally billed monthly per truck, plus any minimums and per-event charges that apply to your plan.
• Fees are due as stated on your invoice and are non-refundable except where required by law or stated in your order form.
• Fees do not include taxes, which you are responsible for, other than taxes on our income.
• We may change prices with at least 30 days’ notice. Changes take effect at the start of your next billing period.
• We may suspend the service if payment is more than 15 days overdue, after notifying you.

7. Your data

You own the data you and your drivers put into RoadDesk, including case records, recordings, and transcripts (“Customer Data”). You give us permission to use Customer Data to provide, secure, support, and improve RoadDesk. Our Privacy Policy explains how we handle personal information. After your account ends, you may ask us to export your Customer Data within 30 days.

8. Acceptable use

You agree not to:

• Use RoadDesk for anything unlawful, or to send messages people have not agreed to receive.
• Upload information you do not have the right to share.
• Try to break, overload, or get around the security of RoadDesk, or access another customer’s data.
• Copy, resell, or reverse engineer RoadDesk, or use it to build a competing product.

9. Our property

FluxorAI owns RoadDesk, including its software, design, and content. We give you a limited, non-transferable right to use RoadDesk for your internal business purposes while your account is active. If you send us feedback, we may use it without any obligation to you.

10. Third-party services

RoadDesk relies on third parties such as telephone carriers, text messaging providers, and hosting providers. We are not responsible for outages or failures of services we do not control, including undelivered calls or texts.

11. Confidentiality

Each of us will protect the other’s non-public business information with reasonable care and use it only for purposes of this agreement.

12. Disclaimers

RoadDesk is provided “as is” and “as available.” To the extent allowed by law, FluxorAI disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that RoadDesk will be uninterrupted or error-free, that any vendor will respond, or that any repair will be completed within a particular time.

13. Limitation of liability

To the extent allowed by law, FluxorAI will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or downtime, even if we were told they were possible. Our total liability for all claims relating to RoadDesk is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

14. Indemnity

You will defend and indemnify FluxorAI against third-party claims arising from your vendors’ work, your Customer Data, your failure to obtain required consents, or your violation of these terms.

15. Term and termination

These terms apply while you use RoadDesk. You may cancel at any time, effective at the end of your current billing period. We may suspend or end your access if you materially break these terms and do not fix the problem within 15 days of notice, or immediately if needed to prevent harm or comply with law. Sections that by their nature should survive, including fees owed, disclaimers, limitation of liability, and indemnity, survive termination.

16. General

• These terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Disputes will be resolved in the state or federal courts located in Delaware.
• We may update these terms. We will change the “Last updated” date and notify account owners of significant changes. Continuing to use RoadDesk after changes take effect means you accept them.
• You may not transfer your account without our written consent. We may transfer these terms as part of a merger, acquisition, or sale of assets.
• If any part of these terms is unenforceable, the rest stays in effect. Not enforcing a term is not a waiver.

17. Contact

FluxorAI, 131 Continental Drive, Newark, DE 19713. Email [email protected].