Last Updated: May 24, 2025
1. INTRODUCTION
This User Agreement (“Agreement”) is a legally binding contract between you (“User,” “you,” or “your”) and Trucker Inc., doing business as Trukton (“Trukton,” “we,” “us,” or “our”). This Agreement governs your access to and use of the Trukton mobile application, website, and related services (collectively, the “Service”).
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. Please do not access or use the Service if you disagree with these terms.
2. SERVICE DESCRIPTION
Trukton provides a software platform designed to manage third-party hired dump trucks with drivers in the construction industry. The Service includes features such as digital haul tickets, real-time tracking, weigh scale ticket capture, digital signatures, offline functionality, tonnage calculator, job creation, and submitting a PDF haul ticket to designated recipients after job completion.
3. ACCOUNT REGISTRATION AND SECURITY
3.1 Account Creation
To use certain Service features, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and all activities under your account. You agree to immediately notify Trukton of any unauthorized use of your account or any other security breach.
4. SUBSCRIPTION AND PAYMENT TERMS
4.1 Subscription Options
Trukton offers monthly and yearly subscription plans. The base price is $36.00 CAD per month.
4.2 Payment Processing
Payments are processed through Google Play and App Store billing systems. By subscribing to the Service, you authorize us to charge the applicable fees to your chosen payment method.
4.3 Subscription Renewal
Subscriptions automatically renew unless cancelled by you before the renewal date. You can cancel your subscription through your account settings or by contacting customer support.
4.4 Refund Policy
Refunds are provided in accordance with the refund policies of Google Play and App Store. Trukton does not process refunds directly.
5. USER CONDUCT
5.1 Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with this Agreement. You shall not:
- Use the Service in any way that violates applicable laws or regulations
- Impersonate any person or entity
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Attempt to gain unauthorized access to any portion of the Service
- Use the Service for any fraudulent or illegal purpose
5.2 Content Restrictions
You may not upload, transmit, or share content that:
- Infringes on intellectual property rights
- Contains viruses or malicious code
- Is unlawful, harmful, threatening, abusive, or defamatory
- Invades another’s privacy
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Ownership
All rights, title, and interest in and to the Service, including all intellectual property rights, are owned by or licensed to Trukton. Nothing in this Agreement grants you any right, title, or interest in the Service except for the limited license expressly set forth herein.
6.2 License to Use
Subject to your compliance with this Agreement, Trukton grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.
6.3 Feedback
If you provide feedback, ideas, or suggestions regarding the Service (“Feedback”), you grant Trukton a non-exclusive, royalty-free, perpetual, irrevocable right to use, disclose, reproduce, license, distribute, and exploit such Feedback without restriction.
7. DATA PRIVACY AND SECURITY
7.1 Privacy Policy
Your use of the Service is subject to our Privacy Policy, which is incorporated by reference into this Agreement. Please review our Privacy Policy to understand how we collect, use, and disclose information about you.
7.2 Data Security
While we implement reasonable security measures to protect your data, we cannot guarantee absolute security. You acknowledge that you provide your data at your own risk.
7.3 SAFE DRIVING AND APPLICATION USE
7.3.1 Prohibited Use While Driving
The Service is not designed for use while operating a vehicle. You agree not to use the Trukton application while driving or operating any vehicle or heavy equipment. You acknowledge that using mobile applications while driving is dangerous and may be illegal in many jurisdictions.
7.3.2 Limitation of Liability for Driving-Related Incidents
TRUKTON IS NOT RESPONSIBLE FOR DAMAGES TO PRIMARY VEHICLE IN USE OR THIRD-PARTY VEHICLES, STRUCTURES, EQUIPMENT, OR PROPERTY OF ANY KIND. TRUKTON IS NOT RESPONSIBLE FOR ANY ACCIDENTS, INJURIES, DAMAGES, FINES, PENALTIES, OR OTHER LOSSES THAT MAY OCCUR AS A RESULT OF USING THE SERVICE WHILE DRIVING OR OPERATING A VEHICLE. YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE SERVICE IN OR OUT OF A VEHICLE, INCLUDING WHILE THE VEHICLE IS IN MOTION OR STATIONARY.
7.3.3 User Responsibility
You are solely responsible for complying with all applicable laws regarding the use of mobile devices while driving. You agree to use the Service only when it is safe and legal to do so, such as when your vehicle is parked in a safe location. Trukton strongly encourages all users to prioritize safety and to never use the application while driving.
7.3.4 Indemnification for Driving-Related Claims
You agree to indemnify and hold Trukton harmless from any claims, damages, liabilities, costs, or expenses arising from your use of the Service while driving or operating a vehicle.
8. THIRD-PARTY SERVICES AND CONTENT
The Service may contain links to third-party websites or services that are not owned or controlled by Trukton. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
9. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRUKTON DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL TRUKTON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Trukton and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use of the Service, your violation of this Agreement, or your violation of any rights of another.
12. TERM AND TERMINATION
12.1 Term
This Agreement will remain in effect until terminated by you or Trukton.
12.2 Termination by You
You may terminate this Agreement at any time by discontinuing use of the Service and cancelling your subscription.
12.3 Termination by Trukton
Trukton may terminate this Agreement at any time, with or without cause, and without prior notice. Trukton may also suspend or terminate your access to the Service if you violate this Agreement.
12.4 Effect of Termination
Upon termination, your right to use the Service will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination.
13. MODIFICATIONS TO THE SERVICE AND AGREEMENT
13.1 Service Modifications
Trukton reserves the right to modify or discontinue, temporarily or permanently, the Service or any features or portions thereof without prior notice.
13.2 Agreement Modifications
Trukton reserves the right to modify this Agreement at any time. We will notify you of any material changes by posting the new Agreement on the Service or by sending you an email. Your continued use of the Service after such modifications will constitute your acknowledgment and agreement to the modified terms.
14. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of Alberta, Canada, without regard to its conflict of law provisions. Any dispute arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Alberta, Canada.
15. GENERAL PROVISIONS
15.1 Entire Agreement
This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Trukton regarding the Service and supersedes all prior agreements and understandings.
15.2 Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
15.3 No Waiver
Trukton’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer this Agreement without Trukton’s prior written consent. Trukton may assign or transfer this Agreement without your consent.
15.5 Contact Information
If you have any questions about this Agreement, please contact us at info@trukton.com
16. ACKNOWLEDGMENT
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Trukton is owned and operated by Trucker Inc.
© 2025 Trukton. All rights reserved.
Last Updated: May 24, 2025