Ladeway Terms of Service
These terms are an agreement between Tributary & Co., LLC, which operates Ladeway (“Ladeway”, “we”, “us”), and the business that signs up for Ladeway (“you”, the “Customer”). They cover the Ladeway web platform, the Ladeway Driver app and the services around them (together, the “Service”). How we handle personal information is in our Privacy Policy, which is part of these terms. Questions go to hello@ladeway.com.
Accepting these terms
The person who creates your Ladeway account, and any administrator who accepts an updated version of these terms, confirms that they have authority to bind the Customer to them. If you do not have that authority, or do not agree, do not create an account or use the Service. The Service is for businesses. It is not offered to consumers.
The Service
Ladeway is software for trucking carriers: dispatch, load and stop records, customer invoicing, document signing, live GPS tracking through the Ladeway Driver app, and connections to accounting systems such as QuickBooks and Xero. We may improve, change or remove features over time. If we remove a feature you rely on in a way that materially reduces the Service, we will tell you in advance where we reasonably can.
Ladeway is not an electronic logging device (ELD) and is not a tool for hours-of-service compliance. Location and timing shown in Ladeway are for dispatch and customer service. You remain responsible for your own regulatory compliance and for checking the invoices and documents you send from Ladeway before you send them.
Accounts and users
- Your administrators invite and remove your users, set their roles, and create driver accounts. You are responsible for what your users do in Ladeway and for removing access for people who leave.
- Keep sign-in details private. Tell us at hello@ladeway.com right away if you believe an account has been used without permission.
- Give us accurate account and billing information and keep it current.
Your data
Everything you and your users put into Ladeway (loads, customers, invoices, documents, drivers, trucks and location history) is your data, and you keep ownership of it. You give us permission to host, process, copy and display it only as needed to run, secure and support the Service for you, and as described in the Privacy Policy. We do not sell your data and we do not use it for advertising.
You can download a full export of your data from Ladeway at any time, including while your account is suspended. After your account closes we keep your data for 180 days so you can export it or come back. We email your administrators 30 days before that period ends, as a last reminder to export. After 180 days we delete it, except where the law requires us to keep something longer or where it remains for a limited time in backups.
Drivers and location
When you use Ladeway to track your trucks, you decide which drivers are tracked and why. You are responsible for giving your drivers any notice, and getting any consent, that the law requires for that, and for following employment and privacy laws that apply to you. The Ladeway Driver app shows each driver what it collects and asks for their consent before tracking starts, as the Privacy Policy describes. That does not replace your own obligations as the carrier.
Processing personal information for you
When you and your users put personal information into Ladeway (about your drivers, your staff, your customers' contacts and the people who sign for deliveries), we process it on your behalf, as your service provider in the sense the California Consumer Privacy Act uses. For that information, we:
- process it only to provide, secure and support the Service for you, as these terms and your instructions describe, and not for any other purpose;
- do not sell it, do not share it for cross-context behavioral advertising, and do not combine it with personal information we get from anyone else, except where the law allows it to provide the Service;
- keep it confidential and protect it with reasonable security measures;
- use other companies to help run the Service (such as cloud hosting, email delivery, payment processing and maps) only under written terms that protect it at least as well, and remain responsible for them;
- help you answer requests from people to access, correct or delete their information, and meet your other obligations under privacy law, for the information we hold for you;
- tell you without undue delay if we learn of a security breach affecting it, and tell you if we can no longer meet these commitments;
- let you take reasonable steps to stop and fix any use of it that these terms do not allow, including by asking us about the safeguards we use;
- delete it after your account closes, on the schedule in “Your data”.
We certify that we understand these restrictions and will comply with them. You are responsible for having the right to give us the information you put into Ladeway, and for the notices and consents described under “Drivers and location”.
Acceptable use
You agree not to, and not to let anyone else:
- use the Service for anything unlawful, or to track anyone without a lawful basis;
- probe, scan or test the Service for vulnerabilities, or get around its security or limits, except with our written permission;
- copy, resell or build a competing product from the Service;
- overload or disrupt the Service, or upload malicious code;
- use another customer's account or data.
Fees and billing
- Your plan. Fees follow the plan version your account is on. Plans are priced per user: a monthly base price covers a set number of users, and each additional user costs a set amount. A user counts toward a billing period if they signed in to Ladeway (the web platform or the Driver app) at least once during that period, whatever their role. Your Billing page shows your plan and who has been active this period.
- Pilot. If your account starts with a free pilot, no fees are charged during it. Add a payment method before the pilot ends. If none is on file when it ends, access pauses until one is added, and resumes as soon as it is. Your data is not affected.
- Payment. Invoices are issued for each monthly billing period and charged automatically to the card or US bank account on file, through our payment processor, Stripe. Paying by bank account (ACH) may carry a discount where your plan says so. You authorize these charges, and for a bank account the debits, when you add the payment method.
- Automatic renewal. After any pilot, your subscription renews automatically each month, and each month's invoice is charged to the payment method on file, until you cancel as described under “Cancelling” below. We only ever charge a payment method that one of your administrators added. If a pilot ends with none on file, nothing is charged.
- Late payment. If a payment fails or an invoice is not paid by its due date, we will send notices. If it is still unpaid after them, we may suspend access until it is paid. Access is restored as soon as the overdue amount is paid.
- Taxes. Fees do not include taxes. You are responsible for any sales, use or similar taxes on the Service, other than taxes on our income.
- Price changes. We may change prices by publishing a new plan version. If you are a paying customer, we will give you at least 30 days' notice before a price change applies to you, and you can cancel before it does.
- Refunds. Fees already charged are not refunded, except where the law requires it or we agree otherwise in writing.
Cancelling, suspension and termination
An administrator can cancel your subscription online at any time, from Settings, Ladeway billing, in the web platform. You can also cancel by writing to hello@ladeway.com. Cancellation takes effect at the end of the current billing period: you can keep using the Service until then, nothing is charged after it, and that period's invoice remains due. Until it takes effect, an administrator can keep the subscription from the same page, and nothing changes.
We may suspend or end your access if fees go unpaid as described above, if you materially breach these terms and do not fix it within a reasonable time after we tell you, or immediately where needed to protect the Service, other customers or the public. Suspension does not delete your data, and you can still export it. Sections that by their nature should survive the end of this agreement (your data, fees owed, disclaimers, liability and the governing law) do survive it.
Services from other companies
Parts of the Service rely on other companies, such as Stripe for payments, QuickBooks, Xero and Wave when you connect them, and map data providers. Your use of those connections is also subject to those companies' terms. We are not responsible for services we do not control.
Confidentiality
Each of us will keep the other's non-public business information confidential, use it only for this agreement, and protect it with reasonable care, except for information that is public, already known, independently developed, or that the law requires us to disclose.
Disclaimers
We work hard to keep Ladeway available, accurate and secure, but the Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all warranties not stated in these terms, including warranties of merchantability, fitness for a particular purpose and non-infringement, and we do not promise that the Service will be uninterrupted or error free, or that GPS positions will always be available or exact.
Limitation of liability
To the extent the law allows: neither of us is liable to the other for lost profits, revenue or data, or for indirect, incidental, special, consequential or punitive damages; and our total liability arising out of or relating to these terms or the Service is limited to the fees you paid us in the 12 months before the event that gave rise to the claim. These limits do not apply to your obligation to pay fees, or to liability that cannot be limited by law.
Indemnity
You will defend and indemnify Ladeway against third-party claims arising from your data, your use of the Service in breach of these terms, or your failure to give drivers or others any notice or obtain any consent the law requires.
Changes to these terms
We may update these terms. When we do, we post the new version at this address, change the dates at the top, and ask your administrators to accept it in Ladeway. If a change is material and you do not agree to it, you can cancel before it takes effect for you.
Governing law
These terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in Placer County, California, and each of us consents to their jurisdiction.
General
These terms, the Privacy Policy and any order or plan you accept are the whole agreement between us about the Service. If a part of these terms is found unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it. Neither of us may assign this agreement without the other's consent, except to a successor in a merger or sale of the business. Neither of us is liable for delays caused by events outside our reasonable control.
Contact
Tributary & Co., LLC, operating Ladeway
3992 Foothills Blvd, Ste 100 #100, Roseville, CA 95747
hello@ladeway.com