Last Updated: May 24, 2025
TRUKTON APPLICATION
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Trucker Inc., doing business as Trukton (“Trukton,” “Company,” “we,” “us,” or “our”) governing your access to and use of the Trukton application, website, and related services (collectively, the “Service”).
1. ACCEPTANCE OF TERMS
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2. SERVICE DESCRIPTION
Trukton provides a cloud-based software application designed for the construction industry, specifically for managing third-party hired gravel trucks with drivers. The Service includes features such as digital haul tickets, real-time haul time and load tracking, weigh scale ticket capture, or photo capture, digital signatures, offline functionality, tonnage calculator, and job creation tools.
3. ACCOUNT REGISTRATION AND SECURITY
3.1 To access certain Service features, you must register for an account. You agree to provide accurate, current, and complete information during the registration process.
3.2 You are responsible for maintaining the confidentiality of your account credentials and all activities under your account. You agree to notify Trukton immediately of any unauthorized use of your account.
3.3 You are solely responsible for all content and activity that occurs under your account.
4. SUBSCRIPTION AND PAYMENT
4.1 The Service is offered on a subscription basis. By subscribing to the Service, you agree to pay the applicable subscription fees as described on our website or within the application.
4.2 Subscription fees are $38.50 CAD per month, billed monthly or annually, with payment processed through Google Play or App Store, depending on your device.
4.3 All subscription fees are non-refundable except as expressly provided in these Terms or as required by applicable law.
4.4 We reserve the right to change our subscription fees upon notice. Continued use of the Service after a fee change constitutes acceptance of the new fees.
5. LICENSE AND USE RESTRICTIONS
5.1 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.
5.2 You agree not to:
a) License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Service.
b) Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service.
c) Access the Service to build a competitive product or service.
d) Copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Service except as permitted by its functionality;
e) Remove or alter any proprietary notices or labels on the Service.
f) Use the Service to store or transmit infringing, libellous, or otherwise unlawful or tortious material.
g) Use the Service to store or transmit malicious code or viruses;
h) Interfere with or disrupt the integrity or performance of the Service;
i) Attempt to gain unauthorized access to the Service or its related systems or networks.
6. USER DATA AND PRIVACY
6.1 You retain all rights to your data that you upload, submit, or otherwise make available through the Service (“User Data”).
6.2 You grant us a non-exclusive, worldwide, royalty-free license to use, copy, transmit, store, and back up your User Data to provide the Service and ensure its functionality.
6.3 We will handle your User Data in accordance with our Privacy Policy, which is incorporated by reference into these Terms.
6.4 You represent and warrant that: (i) you have all necessary rights and permissions to submit User Data to the Service; and (ii) your User Data and its use by us as contemplated by these Terms will not violate any laws or infringe any rights of any third party.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 The Service and its contents, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of Trukton or its licensors and are protected by copyright, and other intellectual property laws.
7.2 Trukton and all related logos, product and service names are trademarks of Trucker Inc. You may not use such marks without our prior written permission.
7.3 You acknowledge that you have no right, title, or interest in or to the Service or any content therein, except for the limited license granted herein.
8. THIRD-PARTY SERVICES AND CONTENT
8.1 The Service may integrate with or contain links to third-party websites, services, or content that are not owned or controlled by us. We do not endorse or assume any responsibility for such third-party services or content.
8.2 Your use of third-party services is subject to the terms and conditions of such services, and you agree to comply with such terms.
9. DISCLAIMER OF WARRANTIES
9.1 THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.2 WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
9.3 WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
10. LIMITATION OF LIABILITY
10.1 IN NO EVENT SHALL TRUCKER INC. OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
c) ANY CONTENT OBTAINED FROM THE SERVICE, OR
d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
10.2 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Trucker Inc. and its officers, directors, employees, and agents from and against all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:
a) Your use of and access to the Service
b) Your violation of any term of these Terms
c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
d) Any claim that your User Data caused damage to a third party.
12. TERM AND TERMINATION
12.1 These Terms will remain in full force and effect while you use the Service.
12.2 We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.
12.3 Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. MODIFICATIONS TO THE SERVICE AND TERMS
13.1 We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
13.2 We reserve the right to modify these Terms at any time. We will provide notice of material changes to these Terms by posting the amended terms on the Service or by notifying you directly. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1 These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law provisions.
14.2 Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively by the courts located in Alberta, Canada, and you consent to the personal jurisdiction of such courts.
15. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Trucker Inc. regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.
16. SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
17. WAIVER
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Trucker Inc.
18. ASSIGNMENT
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
19. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at: info@trukton.com
© 2025 Trukton owned and operated by Trucker Inc. All rights reserved.