Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of RushHour's services, including our SaaS logistics management platform and mobile applications. By accessing or using our services, you agree to be bound by these Terms.

These Terms apply to both business customers ("Customers") who subscribe to our platform and individual users, including drivers ("Drivers") who use our mobile application.

The section "Protecting the RushHour Platform" in the General Terms also applies to anyone who visits our websites, including rushhourapp.com, or who opens a free trial or a free plan, whether or not they go on to buy a subscription.

Who you are contracting with

These Terms are between you and Rush Hour Logistics System Inc, a business corporation incorporated in the State of New York, United States on 8 March 2017 and registered with the New York State Department of State under DOS ID 5098884, with its registered office at 1272 54th Street, Brooklyn, NY 11219, United States ("RushHour", "we" or "us"). That is the company you contract with, wherever you are.

Eligibility

For Driver App Users:

In addition to the age requirement, Driver App users must:

• Hold a valid commercial driver's license (CDL) or appropriate driver's license for your vehicle class
• Be legally authorized to work in your jurisdiction
• Meet all legal requirements to operate commercial vehicles in your area
• Be authorized by a RushHour business customer (your employer)

For Business Customers:

• Must be a legally registered business entity or authorized representative
• Must have authority to enter into binding contracts on behalf of your organization
• Must comply with all applicable employment and transportation laws

Terms for SaaS Platform Customers

1. Account Registration

• You must provide accurate and complete registration information.
• You are responsible for maintaining the security of your account credentials.
• You must notify us immediately of any unauthorized access to your account.
• You are responsible for all activities that occur under your account.

2. Fees, Invoicing and Payment

RushHour is sold as a business subscription, in one of two ways: under an order form or written quote, which we invoice directly; or, where we offer it, online on rushhourapp.com, paid through Stripe (see Subscriptions bought online, below). It is not sold, billed or renewed through the Apple App Store or Google Play, and the RushHour driver app contains no in-app purchases and no subscriptions. Drivers are never charged by RushHour.

• Your plan, fees, onboarding or implementation charges, billing frequency and initial term are set out in the order form or written quote you signed with us. Those commercial terms control if anything here conflicts with them. For a subscription bought online, they are the plan, price and billing cycle shown on the checkout page when you buy, and the one-time onboarding fee shown for that plan on our pricing page.
• For a subscription we invoice directly, we invoice in advance for each billing period. Payment is due net 15 days from the invoice date.
• Card and bank payments are handled by our payment processor. Card details are entered directly into the processor's own secure fields; RushHour never receives or stores your full card number or security code. We do store a payment token, the card brand, the last digits, the expiry date, and the cardholder name and billing address, so that agreed payments can be taken and receipts issued. For a subscription bought online we keep only the card brand and last four digits.
• Overdue accounts: we will give you 10 days' written notice before suspending access for non-payment.

Separately, card payments made by our customers' own clients through a customer portal are payments for freight, trucking and delivery services performed in the real world. Those are processed by our payment provider, not by Apple or Google, and are outside the scope of in-app purchase rules. The same applies to card payments a company takes through a payment link or through its driver at the stop. Section 2a below sets out how card payments from a company's own customers work, including which payment provider processes them.

Subscriptions bought online

This part applies only to a subscription bought online on rushhourapp.com, where we offer that. Until a company buys one, nothing in it applies to the company.

• Who sells it. A subscription bought online is sold through Stripe Managed Payments: Stripe, through its affiliate Sold through Link, LLC ("Link"), is the merchant of record for the purchase. The checkout page and your receipts show it as sold through Link, and your card statement shows LINK.COM* followed by our name. Link's own terms for the purchase (the Sold Through Link Terms, at link.com/terms) apply to the payment alongside these Terms. We provide the RushHour service itself, and these Terms govern it.
• Free trial. Where the checkout page offers a free trial (normally 30 days), you enter a card when you start it but are not charged until the trial ends. Cancel before it ends and you pay nothing.
• Billing and tax. The subscription is billed monthly or yearly, as you chose, in advance, by an automatic charge to the card or other payment method you gave at checkout. Prices exclude sales tax, VAT and GST: Stripe calculates and collects any such tax on the purchase, shows it at checkout and on each receipt, and pays it to the tax authorities.
• The onboarding fee. The one-time onboarding fee for your plan is not charged to your card. We invoice it to you separately after your free trial ends, and it is due net 15 days from the invoice date. If you cancel during the free trial, we do not invoice it.
• Your card details. You enter them on Stripe's own pages, and they never reach our servers; we keep only the card brand and last four digits.
• Receipts and invoices. Stripe emails you, from Link, when the trial starts, before it ends, and a receipt or invoice with a PDF for each payment. Your invoices are also available under Settings > Subscription > Manage billing in the Company Portal.
• Changing or cancelling. A company administrator can switch plan or billing cycle under Settings > Subscription, and can update the card, see invoices and cancel under Settings > Subscription > Manage billing. Cancelling there takes effect at the end of the current paid period. You can also cancel by email, as described in section 3, or in the Link account Stripe offers you for the purchase.
• Payment questions, refunds and disputes. Link's support answers questions about a payment, and Stripe handles card disputes on the purchase. Our refund commitments in section 4 apply to a subscription bought online too, and we make those refunds through Stripe; Stripe may also refund a payment itself in some cases. Questions about the RushHour service go to us.
• If a payment fails. Stripe retries the charge for about two weeks and emails you after each failed attempt, with a link to update your card, and RushHour keeps working as usual in the meantime. If the payment still has not been collected when the retries end, Stripe marks the subscription unpaid, and from then on your office staff can no longer create new quotes and orders until billing is sorted out. The same applies once a cancelled subscription has ended. Nothing else is paused: dispatch, your existing quotes and orders, your settings and billing keep working, and your drivers and your own clients in the customer portal are never blocked. For non-payment this never happens until at least 10 days after Stripe first tells you that a payment failed: the 10 days' written notice before suspension for non-payment, above, applies to a subscription bought online too. A company administrator turns new quotes and orders back on under Settings > Subscription: pay the open invoice in Manage billing, or turn a cancelled subscription back on with Restart subscription, which is charged straight away, with no new free trial.

2a. Card Payments from Your Customers

This section applies only when your company turns on card payments from its own customers in RushHour ("customer card payments"), and only to the payments taken that way. Until your company does, nothing in it applies to you. Some of the options below are still being introduced and may not yet be available to every account; each option applies to you only from when you choose it.

Choosing a payment provider

A company administrator chooses the payment provider under Settings > Integrations. RushHour sends the payment instructions and records the results; the provider processes the card and moves the money. The options are:

• Cardknox, with your own merchant account. You enter the keys of your own Cardknox account (Cardknox now trades as Sola Payments). Your merchant agreement with Cardknox governs the payments, and you are the merchant.
• Stripe, with your own Stripe account. You select Connect with Stripe and create or connect a Stripe account on Stripe's own pages, under RushHour's Stripe platform. Your customers pay you directly, you are the merchant of record, and Stripe pays out to your bank account. RushHour does not hold the money.
• Stripe, with your own API keys. You paste a publishable key and a restricted secret key from your own Stripe account. Your agreement with Stripe governs the payments, and you are the merchant of record. You decide what the key may do, and you revoke it in Stripe if you stop using it with RushHour.
• Stripe, with RushHour collecting for you ("RushHour collects for you"). Payments are taken on RushHour's own Stripe account and paid out to you, as described below.

A card saved with one provider is always charged through that provider, and a capture, void or refund always goes back through the provider and the account that took the payment, even if you have switched provider since.

Stripe's terms

If you connect a Stripe account, or choose RushHour collects for you, Stripe provides the payment services for your account, and you complete Stripe's onboarding on Stripe's own pages. Those services are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement, or to any other Stripe terms that Stripe presents to you during onboarding. By choosing either option you agree to be bound by those terms, as Stripe changes them from time to time. So that we can offer payments through Stripe, you agree to give us accurate and complete information about your business, and you authorise us to share it, and information about the payments you take, with Stripe. Stripe handles that information under its privacy policy, and the banks Stripe works with to process card payments are listed in its acquirer disclosure. If you use your own API keys, your own agreement with Stripe applies instead.

Fees

Your payment provider's processing fees apply to every payment. With your own Stripe account, we may also add a platform fee to each payment, which Stripe deducts from the payment and pays to us; we charge one only if we have told you its amount in writing before it applies. Where RushHour collects for you, the deductions from your payouts are described below.

When RushHour collects for you

• We collect as your agent. You appoint us as your limited agent to receive card payments from your customers for the goods and services you provide to them, and to pay them out to you. A payment your customer makes to us this way counts as a payment to you: it reduces what your customer owes you by that amount from the moment we receive it, whether or not we have paid it out to you yet. You remain the seller, and you decide your prices, your refunds and what you agree with your customers.
• What your customers see. The payment is taken on our Stripe account, so your customer's card statement shows the name on our Stripe account, followed by the statement suffix you set, if any.
• Verification. To be paid out, you complete Stripe's verification, on Stripe's own pages, for the business and the bank account we pay you to.
• Payouts. We pay each payment out to you after it has settled - once it has been captured and Stripe has made the funds available to us - less any refunds, chargebacks and fees we have disclosed to you in advance. We pay out by a transfer to the Stripe account you set up for payouts, or by another method we agree with you in writing. We do not pay interest on amounts waiting to be paid out.
• Refunds. You decide refunds, and your staff make them in RushHour. If a payment we have already paid out to you by Stripe transfer is refunded, we first take the same amount back from that transfer; if Stripe cannot do that, the refund is not made. A payment we have paid out to you by any other method cannot be refunded through RushHour: refund your customer directly.
• Chargebacks. A card dispute about one of these payments is raised against our Stripe account. We will tell you about it, and you will promptly give us the evidence we need to answer it. An amount the card network takes back, and the fee Stripe charges for the dispute, are yours to bear: we may deduct them from your payouts, or ask you to repay them where your payouts do not cover them.
• Reimbursement. You will also repay us any refund, reversal, fine or fee charged to our Stripe account because of a payment taken for you, except to the extent that it was caused by our own breach of these Terms.
• If you stop. If you choose another option, or the Agreement ends, we keep paying out what we owe you as the payments settle, and this part of section 2a keeps applying to refunds and disputes on the payments taken while you used it.

How card details are handled

• Card details are typed into the payment provider's own secure fields or pages - Stripe's card fields and checkout page, or Cardknox's hosted card fields - in the Company Portal, the Customer Portal, the payment page and the driver app. They go straight to the provider. RushHour never receives or stores a full card number or security code.
• We store what we need to show, reconcile and refund a payment: the provider's references for the payment, for the customer and for a saved card; the card brand, the last four digits and the expiry month and year; the cardholder name, the payer's email address and the billing details given with the card; the amounts and the status; and the network address the payment was made from. Each captured payment is also recorded as a payment in your Accounting.

Who can take a payment

• Staff whose role includes the Charge customer cards permission can charge a card, or place a hold on it and capture it later. Refunds and voids need the Refund and void payments permission, and payment requests the Manage payment requests permission. Your administrators decide who holds these permissions.
• A customer's card - in practice a saved card - can also be charged through our API with an API token, through a connection to our MCP server, or by the in-app assistant acting for a signed-in user, but only where that token or user holds the Charge customer cards permission, and the assistant asks the user to confirm the charge before it is made. None of them can save a card, mark a charge as a phone or mail order, capture, void or refund a payment, or take a payment at a stop in a driver's name: those need a person signed in to our apps. You are responsible for who holds your API tokens and for the charges made with them.
• Your customers can pay their invoices and manage their saved cards in the Customer Portal, where you give them access.

Card holds, refunds and voids

• Holds. A hold reserves an amount on the card without charging it. You can then capture all of it or part of it, or release it. A hold expires, normally after about 7 days depending on the provider and the card, and we notify your staff two days before it does. When a hold expires it is released and nothing is charged. To charge later than a hold allows, save the card with your customer's agreement and charge it when the amount is due.
• Refunds and voids go back to the card through the provider and the account that took the payment. A refund is recorded against the payment; it does not change the Accounting payment the charge created, which your accountant adjusts.

Payment requests and the payment page

Your staff can email a customer a payment request: a secure link to a payment page where the customer can pay, authorise a hold or save a card - for an invoice, an order, a quote or the customer's account - without signing in. We host the page for you; it shows your company's name and logo and the amount. A link expires after the period your staff choose, from 1 to 90 days (30 days unless they choose otherwise), and it can be withdrawn until it is used. With Stripe, the customer can also choose to pay on Stripe's own checkout page. We email the request, and a receipt for the payment, on your behalf.

Card payments at the stop

If you switch on Drivers can charge cards at the stop (Settings > Driver App), your drivers can take a card payment from your customer at the stop, through your payment provider, for up to what the stop owes. If you switch on Drivers can send payment links, they can send the customer a payment request from the stop. Both are off unless you switch them on. A payment a driver takes is your payment, on the same terms as any other payment in this section.

Phone and mail orders

Your staff can key in a card that a customer gives them by phone or by post as a phone or mail order (MOTO) only where Stripe has approved such payments for the account taking them and you have switched on Mail and telephone orders (MOTO) in your Stripe settings in RushHour. Your customer is not present to confirm such a payment, so keep a record of their authorisation; the risk of a dispute about it is yours.

Your responsibilities

• You are the seller of the goods and services you charge for, and you are responsible for their price, any tax on them, your refund policy and your customers' complaints.
• Before you charge a card, or save it for later charges, have your customer's authorisation, and keep a record of it.
• Comply with your payment provider's terms and with the card networks' rules, including their restrictions on the businesses and payments they accept.
• Tell your customers how you take card payments and who processes them. Our Privacy Policy explains what happens to their data in RushHour.
• A card issuer, a payment provider or a card network can decline, delay or reverse a payment, and a provider can restrict or close an account. We are not responsible for their decisions or their availability, and we do not guarantee that a payment will be authorised, settled or paid out by a particular date.

3. Renewal, Price Changes and Cancellation

• We email a renewal reminder at least 30 days before each annual renewal and at least 7 days before each monthly renewal, stating the amount, the date and how to cancel. For a subscription bought online, Stripe sends this reminder for us, from Link.
• Either party may decline renewal by giving written notice at least 30 days before the current term ends.
• We may change fees for a renewal term with at least 30 days' written notice. The new price applies from your next renewal, and you may cancel before it takes effect.
• To cancel, email [email protected] from an address on your account - one message is enough, and you do not have to give a reason. We confirm by email within one business day. A subscription we invoice directly has no cancellation switch inside the product, so email is the route. If you bought your subscription online, you can also cancel it yourself under Settings > Subscription > Manage billing in the Company Portal.
• Cancellation takes effect at the end of the current paid period. You keep access until then.

There is nothing to cancel in your App Store or Google Play settings, because nothing is sold there.

4. Refunds, Credits and Billing Disputes

• Subscription fees are refundable in full within 30 days of your first payment. After that, fees for the current period are non-refundable, except where the law requires a refund.
• Onboarding and implementation fees are earned as the work is delivered and are non-refundable once work has started. For a subscription bought online with a free trial, the onboarding fee is invoiced only if the subscription continues past the trial.
• If we materially fail to provide the service and do not fix it within 10 business days of your written notice, you may terminate the affected subscription and we will refund fees paid for the unused remainder of the term.
• Service credits, where offered, are set out in your order form or service level agreement.
• Raise any disputed charge in writing within 30 days of the invoice date. We will not suspend service over an amount that is genuinely in dispute while we work through it.

RushHour is software. We do not carry freight and we do not charge for deliveries - what you charge your own customers, and any refunds you give them, are between you and them. Where you take card payments from your customers through RushHour, section 2a also applies, including to refunds and disputes on those payments.

5. Permitted Use

You may use RushHour for legitimate business purposes related to logistics management. You agree not to:

• Sublicense, sell, or transfer your access to third parties
• Use the service for any illegal purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the service
• Reverse engineer, decompile, or disassemble our software
• Remove or modify any proprietary notices
• Copy or clone the platform, use it to build a competing product, or collect content from it with automated tools, as set out in "Protecting the RushHour Platform" in the General Terms below

Messages sent through RushHour

RushHour sends email - and, where a channel is enabled, other messages - to your customers, contacts and drivers because you told it to. You are the sender of those messages and you are responsible for them. You agree that:

• You have a lawful basis to contact every recipient you load into or generate from the platform, and the relationship, consent or opt-in you rely on is documented and current.
• You will not use RushHour to send unsolicited commercial messages, and any commercial message you send through it will identify you accurately, include a working opt-out, and carry your valid physical postal address.
• Where a text-message or automated-calling channel is available, you will not use it for marketing without the recipient's prior express written consent, and you will honour opt-outs promptly by any reasonable means.
• You will honour every opt-out and unsubscribe request you receive, across all channels.
• Israeli recipients: you will not send an advertisement message without prior consent as required by the Communications (Telecommunications and Broadcasts) Law 5742-1982, and every message will be marked as an advertisement and carry an opt-out in the same medium.

We may suspend sending from your account if we receive credible complaints, if your bounce or complaint rates threaten deliverability for other customers, or if we are required to.

Driver monitoring is your responsibility

The location, messaging and activity data RushHour records about your drivers is collected on your instruction and for you. You are responsible for the lawfulness of that monitoring, and you represent and warrant that, before enabling tracking for any driver, you have:

• given each driver every notice their jurisdiction requires before electronic monitoring begins - including the written and posted notice required by several US states, and the advance written monitoring policy expected of Israeli employers;
• obtained any consent required where the device being tracked is not owned or leased by you, such as a driver's personal phone;
• limited tracking to working time and to the purposes you told your drivers about;
• and, for drivers in the EEA or the UK, identified and recorded a lawful basis and a retention period, and carried out any impact assessment the law requires.

We provide the tool; you decide who to point it at. You will indemnify us for claims arising from your failure to meet these obligations, on the terms of the Indemnification section below.

6. Your Data, and Our Role

You keep ownership of everything you and your users put into the platform ("Customer Data"). We do not own it.

For Customer Data we act as your processor (in Israel, a holder; under US state privacy laws, a service provider). You are the controller and decide what goes in, why, and how long it is kept. We use it only to provide, secure, support and bill for the service, and only on your documented instructions - these Terms, your order form and your use of the product's features are those instructions. Specifically we will not:

• sell Customer Data, or share it for cross-context behavioural advertising;
• retain, use or disclose it for any purpose other than performing the service, or outside our direct business relationship with you;
• combine it with personal information we receive from anyone else, except as the applicable law permits;
• or use it to develop, train or fine-tune any machine-learning model, ours or a third party's.

We may use aggregated and de-identified statistics that cannot reasonably be linked to you, your staff, your drivers or your customers, to operate, secure and improve the platform. We will not attempt to re-identify them or release them in a form that identifies you. You are responsible for ensuring you have the rights and notices needed for the data you upload.

Data Processing Agreement. Where Customer Data includes personal data of people in the EEA, the UK, Switzerland, Israel or a US state with a comprehensive privacy law, our Data Processing Agreement applies and forms part of these Terms. It sets out the processor terms required by Article 28 GDPR and the equivalent US state provisions, our security measures, our current list of sub-processors and how we notify you of changes, our assistance with data-subject requests and breach notification, deletion or return of data at the end of the contract, audit rights, and the EU Standard Contractual Clauses and UK International Data Transfer Addendum covering transfers to the United States. It is published at rushhourapp.com/dpa, and you can request a signed copy from [email protected].

Sub-processors. We use the third-party providers listed on our sub-processor page to deliver the service, each under a written contract with the protections above. That page is the maintained list. We publish new or replacement providers there before they start processing Customer Data and give you at least 30 days' notice of a material change, during which you may object under the Data Processing Agreement.

On termination. You have 30 days from termination to ask us for an export of your Customer Data in a machine-readable format. After that window closes we delete the data within 60 days, except for backups, which age out on our normal rotation cycle, and records we must keep by law.

6a. AI Features

The platform includes AI features: assistants in the Company and Customer Portals, AI help with pricing, documents and drafting, search over uploaded documents, and voice-to-text. When one is used, the question and the records needed to answer it are sent to an AI provider, which may include customer and contact details, addresses, order and invoice details, driver names and route assignments, and text extracted from uploaded documents. The Privacy Policy names the providers and the countries involved.

• Our AI providers are contractually prohibited from using this content to train their models, and we do not use it to train ours.
• AI output is a suggestion, not advice and not a decision. Prices, routes, summaries and drafts must be reviewed by a person before you rely on them or send them to a customer. You remain responsible for what you send and for the pricing you charge.
• You must not put into an AI feature any data you are not permitted to disclose to a third-party processor outside your country.
• An administrator on your account can disable AI features. Where you supply your own AI provider key, your agreement with that provider governs its use of the content and we are not responsible for it.

7. Account Types and Ownership

SaaS Platform Accounts (Fleet Managers/Companies):

• Created and owned by the company/fleet manager
• Responsible for all subscription fees and user management
• Can invite and remove driver users
• Owns all data generated by authorized drivers

Personal vs Company Data:

• The company that holds the RushHour subscription controls the operational records created on its account, including records of the work its drivers perform - routes, deliveries, proof of delivery, inspections and performance.
• Drivers and other individuals keep their rights over their own personal data under the applicable privacy laws, whoever controls the records. "Ownership" of a record does not override those rights.
• Our Privacy Policy explains how an individual exercises those rights and who to ask. Where the company is the controller, we route the request to it and help it answer.
• Upon account termination, you may request a copy of your personal data.

8. Service Level

• We strive for 99.9% uptime but do not guarantee uninterrupted service.
• Scheduled maintenance will be communicated in advance.
• Support is provided according to your subscription tier.

Terms for Driver App Users

1. Eligibility and Authorization

• You must be authorized by a RushHour customer (your employer) to use the app.
• You must have a valid driver's license and meet all legal requirements to operate a commercial vehicle.
• You are using the app as part of your employment or contractor relationship.

Driver App Account Details:

• Must be authorized by a RushHour customer (fleet manager)
• Created using company-provided invitation code
• Account access may be revoked by employer at any time
• Personal login credentials remain your responsibility
• If employment ends, employer may deactivate your access

2. Location Sharing

How it behaves:

• Automatic sharing starts when a route is assigned to you and has outstanding stops, and stops when the route is finished, when it is unassigned, or when you sign out. Stop sharing also stops it, but only until it starts again on its own - see Turning it off below.
• Sharing you switch on yourself under Location Sharing runs whether or not you have a route, until you tap Stop sharing on that screen or sign out. If you leave it switched on, it starts again the next time you open the app or sign in on that phone.
• Apart from sharing you switch on yourself, the app does not record your position in the background when you have no active route. It does record your position once when you change your duty status or report an issue, and it sends your current position when you switch to yard move or search for nearby places, as our Privacy Policy explains.
• Before your phone asks for background location permission, the app explains why. You can decline, and you can change your mind later.
• While background collection is running, your phone shows a location indicator or a permanent notification.

Turning it off:

In the app, Menu > Settings > Location Sharing > Stop sharing stops all location sharing, including the automatic sharing during an assigned route. If you still have an assigned route with stops to complete, sharing starts again automatically, without you switching it back on: within a few seconds if you had also switched sharing on yourself; otherwise the next time you open the app after it has been closed, when you sign in again, when you receive a route after having none, or when the app refreshes your driver details (for example when you pull down to refresh the Dashboard).

To stop all location collection, including during a route, change the location permission on your phone. On iPhone: Settings > Privacy & Security > Location Services > RushHour. On Android: Settings > Apps > RushHour > Permissions > Location.

If you turn location off on your phone, the app keeps working for viewing and completing stops, but live location sharing with dispatch, navigation and automatic arrival detection stop, and your dispatcher will see that your position is no longer updating. We do not send your employer a separate alert when you change a device setting. Whether location sharing is a condition of your job is a matter between you and your employer; RushHour takes no part in employment decisions.

For how long location data is kept and who receives it, see our Privacy Policy at https://rushhourapp.com/privacy

3. Acceptable Use

When using the driver app, you agree to:

• Use the app only while parked or when it's safe to do so (not while driving)
• Provide accurate information in vehicle inspections and delivery confirmations
• Not share your login credentials with others
• Report any app malfunctions or security issues
• Follow your employer's policies regarding app usage
• Not use the app for personal deliveries or unauthorized purposes

4. Safety and Compliance

• You are responsible for safe driving practices; do not use the app while operating a vehicle.
• Complete vehicle inspections honestly and thoroughly.
• Report safety issues immediately through the app or to your employer.
• Comply with all applicable traffic laws and regulations.

5. Messaging and Conduct

• In-app messages are work communications. Your employer can read, log and retain them - do not treat in-app messaging as private, and do not use it for anything personal or confidential.
• You may receive push notifications related to work assignments.
• You agree not to send content that is unlawful, harassing, abusive, threatening, hateful, sexually explicit, or that infringes anyone's rights, and not to impersonate anyone.

Reporting abusive or offensive messages

Report abusive or offensive messages to your dispatcher, and to us at [email protected]. We acknowledge reports within one business day and act within 24 hours of confirming a breach. We may remove content and suspend the account of anyone who breaches these rules, and your employer can revoke a driver's access immediately.

General Terms (All Users)

1. Intellectual Property

RushHour and all related logos, designs, text, graphics, and software are the property of RushHour and protected by intellectual property laws. You may not copy, modify, or distribute our intellectual property without permission.

1a. Protecting the RushHour Platform

The RushHour platform - its software, screens and user interface, features, workflows, documentation, help content and price sheets, and the way they are put together - is protected by copyright, trade secret and other laws. These Terms give you the right to use the platform to run your business. They do not give you the right to copy it. Unless these Terms allow it or we agree in writing, you may not, and may not help or allow anyone else to:

• copy, reproduce, frame, mirror or republish any part of the platform or our websites, or make a product, service or website that copies or imitates the platform's features, functions, screens, workflows or look and feel;
• use the platform, a free trial or free plan, our documentation or any non-public information about the platform to design, build, train, test, benchmark or improve a product or service that competes with RushHour, or to help someone else do so;
• sign up for or use the platform if you are a competitor of RushHour or act for one, unless we have agreed in writing, or give false or misleading identity or company details to get access;
• use bots, crawlers, scrapers, spiders, headless browsers or other automated tools to access the platform or our websites, or to collect, copy or index their content or data, except (a) through our documented API or MCP server, with credentials we issued to you and within their limits, (b) a search engine indexing the public pages of our websites as their robots.txt file allows, or (c) as we agree in writing;
• get around, disable or interfere with any access control, rate limit, bot protection, challenge or CAPTCHA, payment step, or free-trial or plan limit - including opening more than one free trial or free plan, or opening accounts in other names to keep using one;
• decompile, disassemble or reverse engineer the platform, or try to work out its source code, algorithms, data models or non-public interfaces, except to the extent applicable law gives you a right to do so that a contract cannot take away;
• use the platform, its content or its output to train, fine-tune or evaluate a machine-learning or AI model, other than through platform features built for that purpose and only with your own data;
• sell, rent, lease, sublicense or resell the platform, or provide it to anyone else as a service, beyond the users your subscription allows.

None of this limits what you can do with your own data: you can export it, print your documents, and use our API and integrations as documented. Screenshots and recordings of the platform for use inside your own business, such as training your staff, are fine. Sharing them with a competitor of RushHour is not.

Confidential information. The parts of the platform you can only see after signing in, our unpublished documentation, any pricing or plan we offer you privately, and anything we tell you about our product plans are our confidential information. You may use them only to use the platform under these Terms. You will protect them with at least reasonable care, and you will not disclose them to anyone other than your own staff and advisers who need them for that purpose and are bound to keep them confidential. This does not apply to information that is or becomes public through no fault of yours, that you already had or develop independently, or that the law requires you to disclose, in which case you will tell us first where the law allows. Your Customer Data is never our confidential information; it is yours (section 6 of the Business Customer Terms).

Feedback. If you send us ideas, suggestions or other feedback about the platform, we may use them without restriction and without paying you. This gives us no rights in your Customer Data.

If these rules are broken. A breach of this section is a material breach of these Terms. As well as anything else the law allows, we may:

• block access, and suspend or close the accounts involved, straight away and without notice where we reasonably believe it is needed to protect the platform, with no refund for the time an account could not be used because of the breach, to the extent the law allows;
• ask a court for an injunction or other order to stop the breach and to have copies, and anything built from them, removed or destroyed. You agree that a breach of this section would cause us harm that money alone cannot put right and, to the extent the court allows, that we do not have to post a bond to get such an order;
• claim the damages the breach causes us, including lost profits, together with our reasonable attorneys' fees and costs of enforcing this section, to the extent the law allows;
• bring claims under copyright, trade secret, unfair competition and computer misuse laws, such as the US Computer Fraud and Abuse Act, and report unlawful access to the authorities.

This section continues to apply after your account or subscription ends.

2. Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. View our full Privacy Policy at https://rushhourapp.com/privacy

2a. Third-Party Services

Our app integrates with the following third-party services:

• Cloud hosting, storage and delivery - the servers, database, file storage, search and content delivery behind the platform
• Mapping, geocoding and routing - addresses, navigation, routing and maps
• Email delivery and inbound email - the messages the platform sends and receives
• Real-time messaging and push notifications - in-app chat, and notifications to the driver app through Apple's and Google's push services
• Payment processing - card and bank payments, including the card payments your customers make to you through RushHour (section 2a of the Terms for SaaS Platform Customers)
• AI providers - the assistants, document search and voice-to-text described above
• Error monitoring - fault reports from our servers
• Optional integrations you enable - telematics, accounting, driver messaging and alternative mapping and routing providers

The providers are named individually, with what each receives and where it processes it, in our Privacy Policy. Each operates under its own terms and privacy policy, and we are not responsible for their own practices. We do not use analytics, advertising or crash-reporting software in our apps or on our websites.

App store distribution:

The driver app is distributed through the Apple App Store and Google Play. Their terms govern that distribution, but no RushHour subscription is sold, billed or renewed through either store.

• Apple App Store Terms
• Google Play Terms

2b. Apple App Store Terms (iOS users)

If you download the RushHour app from the Apple App Store, the following also applies and prevails over anything in these Terms that conflicts with it for that app:

• These Terms are between you and RushHour only, not Apple. RushHour, not Apple, is solely responsible for the app and its content.
• Your licence is a non-transferable licence to use the app on any Apple-branded device you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are RushHour's responsibility.
• RushHour, not Apple, is responsible for addressing any claim relating to the app or your possession or use of it, including product-liability claims, claims that the app fails to conform to a legal or regulatory requirement, consumer-protection or privacy claims, and claims of intellectual property infringement.
• You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, on your acceptance, have the right to enforce them against you as a third-party beneficiary.

Questions, complaints and support requests about the app go to RushHour at [email protected], not to Apple.

3. Termination

• Customers may cancel their subscription according to their contract terms.
• Driver access may be terminated by their employer at any time.
• We may suspend or terminate access for violations of these Terms.
• Upon termination, your right to use the service ceases immediately.

Data Retention Upon Termination:

When your account is terminated:

• Access is disabled immediately.
• Personal data we hold as controller is deleted on the timetable set out in the Retention section of our Privacy Policy, subject to legal retention requirements.
• Operational records created on a company's account - orders, routes, deliveries, proof of delivery, inspections and performance - belong to that company and stay in its account. They are not deleted by an individual's account deletion.
• Records we are required by law to keep, and records needed for an open dispute, audit or regulatory request, are retained for as long as that requirement lasts.
• You may request a data export before termination by contacting [email protected]

Voluntary Account Deletion:

• Drivers: start deletion inside the app - tap the menu button (☰) at the top left, then Settings, Privacy, Delete Account. Deletion has a grace period (normally 30 days), during which the company you drive for can restore your account. Full instructions, the pre-conditions the app checks, and what is and is not erased are on our Delete Your Account page.
• Portal users: an administrator on your company's account can remove your user.
• Whole company accounts: an authorised administrator should email [email protected] from a company address. We confirm before acting, because closing the account affects every user and driver on it, and we give you an opportunity to export first.
• If you cannot sign in, email us from your registered address and we will verify you and process the request.

Disclaimers and Limitations

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, AND NON-INFRINGEMENT.

Limitation of Liability

To the maximum extent permitted by law:

• Neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, or loss or corruption of data, even if told such damages were possible.
• Each party's total liability for all claims arising out of or relating to these Terms is capped at the greater of (a) the fees you paid or owed RushHour in the 12 months before the event giving rise to the claim, and (b) US $100. This cap applies in aggregate across all claims, regardless of the theory of liability, and applies even if a remedy in these Terms is found to have failed of its essential purpose.
• We are not responsible for disputes between you and your employer, your drivers, your customers or your carriers, or for employment decisions made using data from the service.
• Location, mapping, routing, toll, fuel-price and AI-generated data is provided "as is" and may not always be accurate.
• We are not liable for the acts of third-party services you choose to connect.

What the cap does not cover:

• Your payment obligations, and your indemnity obligations under these Terms
• Either party's breach of its confidentiality obligations
• Your breach of "Protecting the RushHour Platform", and your infringement or misappropriation of RushHour's intellectual property - for these, the exclusion of indirect damages and lost profits above does not apply either
• A party's fraud, wilful misconduct or gross negligence - and in each of those cases liability is limited only to the extent applicable law permits
• Nothing in these Terms limits liability for death or personal injury caused by negligence, or any other liability that cannot be limited by law, and we remain liable as required by applicable consumer protection laws

Indemnification

You will defend RushHour and its officers, directors and employees against any third-party claim arising from (a) Customer Data you or your users put into the service, (b) your use of the service in breach of these Terms or of applicable law - including the messaging and driver-monitoring obligations above, or (c) a dispute between you and your own employees, drivers, customers or carriers; and you will pay damages finally awarded and settlements you approve. This does not cover any claim to the extent it is caused by RushHour's own breach of these Terms, negligence or wilful misconduct.

We will defend you against any third-party claim that the service, as provided by us and used in accordance with these Terms, infringes that party's intellectual property rights, and will pay damages finally awarded and settlements we approve. This does not cover claims arising from Customer Data, from your combination of the service with anything we did not supply, or from your use of a version we asked you to stop using. If such a claim arises we may procure the right to continue using the service, modify it, or terminate the affected subscription and refund fees paid for the unused term.

How this works in practice. The party seeking indemnity must promptly notify the other in writing (late notice excuses the indemnifying party only to the extent it is prejudiced), give the indemnifying party sole control of the defence and settlement, and provide reasonable cooperation at the indemnifying party's expense. The indemnifying party may not agree any settlement that admits liability by, or imposes an obligation on, the other party without its written consent, which will not be unreasonably withheld. This section states each party's entire liability and the other party's sole remedy for third-party infringement claims.

Governing Law and Dispute Resolution

Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any claim not subject to arbitration - small-claims actions, requests for injunctive relief, and claims severed under the class-action waiver - the state and federal courts located in New York County, New York have exclusive jurisdiction, and each party consents to personal jurisdiction there and waives any objection based on inconvenient forum. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY SUCH PROCEEDING.

Talk to us first

• Before starting arbitration or a lawsuit, send a written notice describing the dispute and the relief you want to [email protected] and by post to Rush Hour Logistics System Inc, 1272 54th Street, Brooklyn, NY 11219, United States, marked "Legal". We will do the same for you.
• Either side may request a call. We will respond within 30 days with a proposed resolution.
• If the dispute is unresolved 60 days after the notice, either side may proceed.

Binding individual arbitration:

• Except as stated below, disputes between you and RushHour will be resolved by binding individual arbitration administered by the American Arbitration Association.
• Where you are an individual, the AAA Consumer Arbitration Rules apply and RushHour pays all filing, administrative and arbitrator fees above the amount you would pay to file in court. Where you are a business customer, the AAA Commercial Arbitration Rules apply and fees are allocated as those rules provide.
• The seat is New York, New York. If you are an individual, you may instead elect a hearing in the county where you live, or a telephone or video hearing, at no additional cost.
• The arbitrator, not a court, decides all questions about the scope, enforceability and interpretation of this section, except that a court decides whether the class-action waiver is enforceable.
• This arbitration agreement is governed by the Federal Arbitration Act. If a court finds the Federal Arbitration Act does not apply to you - including because you fall within the transportation-worker exemption in 9 U.S.C. section 1 - this arbitration agreement remains enforceable under Article 75 of the New York Civil Practice Law and Rules, which the parties adopt as the governing arbitration statute in that event.

Class Action Waiver:

Claims may be brought only in your individual capacity, and not as a plaintiff or class member in a class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or preside over a class or representative proceeding. If this waiver is held unenforceable as to a particular claim or a particular form of relief, then that claim or that relief - and only that claim or relief - is severed from arbitration and proceeds in the courts identified above, while all other claims remain in arbitration. This paragraph survives termination of these Terms.

Opting out:

You may reject this arbitration agreement by emailing [email protected] with your name and account email within 30 days of first accepting these Terms, or within 30 days of first signing into the RushHour app or portal, whichever is later. Opting out affects nothing else in these Terms.

Exceptions:

• Either party may bring an individual claim in small-claims court.
• Either party may ask a court for an injunction or other equitable relief to protect intellectual property or confidential information.
• Either party may bring a claim for infringement, misappropriation or misuse of intellectual property or confidential information - including a claim under "Protecting the RushHour Platform" - in the courts identified above instead of in arbitration.

If you are outside the United States

Nothing in this section takes away rights you have under the law of the country where you live. If you are an individual resident in the European Economic Area, the United Kingdom, Israel or another country whose law gives you the right to bring a claim in your local courts, you keep that right, the mandatory consumer-protection rules of your country continue to apply, and the arbitration and class-action provisions above do not apply to you.

• Israel: for an individual resident in Israel or a company registered in Israel, these Terms are governed by Israeli law and the competent courts of Tel Aviv-Jaffa have jurisdiction. Nothing waives or limits any right that cannot be waived by agreement, including rights under the Class Actions Law 5766-2006, and nothing affects the exclusive jurisdiction of the Israeli Labour Courts over employment disputes.
• Drivers everywhere: disputes about your pay, hours or employment are between you and the company that engaged you. RushHour is not your employer and is not a party to them.
• Nothing in these Terms affects your right to complain to a data protection authority or to seek a remedy under data protection law in the country where you live or work.

Wherever you are

We offer RushHour in the United States and Israel today. Nothing in these Terms limits where we may offer the service in future, or where you may use it, and the choices of law, forum and arbitration above are subject to the following in every country:

• Nothing in these Terms waives, limits or replaces a mandatory consumer or local-law right that cannot be waived by agreement in the country where you live or, for a company, where it is established.
• Where the mandatory law of that country requires a different governing law, or gives you the right to bring or defend a claim in a different forum, that law and that forum prevail over the choices in this section, to the extent that law requires.
• Everything else in these Terms continues to apply, and a provision that is unenforceable in one country stays in force everywhere it is enforceable.

Changes to These Terms

We reserve the right to modify these Terms at any time. When we do:

• We will update the version number and both the "Last updated" and "Effective" dates at the top of this page
• Material changes will be communicated via email and in-app notification
• You will have 30 days to review changes before they take effect
• Continued use of the app after changes constitutes acceptance
• If you do not agree with changes, you must stop using the service and may request account deletion

Superseded versions are listed in our legal archive, which records which document applied on which dates. You can also request a copy from [email protected].

General

• Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the rest remains in force. The class-action waiver is an exception: it is not severable from the arbitration agreement, and if it is held unenforceable as to a claim, that claim proceeds in court as set out above.
• Survival. The sections on your data and our role, AI features, card payments from your customers (for payments, refunds, disputes and payouts not yet settled), intellectual property, disclaimers and limitations, indemnification, governing law and dispute resolution, and this General section survive termination.
• Entire agreement. These Terms, your order form, and any addendum we both sign (including the Data Processing Agreement) are the entire agreement and replace anything said or written before. Terms on your purchase order or vendor portal do not apply, even if we do not object to them.
• Assignment. Neither party may assign these Terms without the other's written consent, except that either may assign in full to a successor in a merger or a sale of substantially all its assets, on written notice.
• Notices. Legal notices to us go to [email protected] and by mail to Rush Hour Logistics System Inc, 1272 54th Street, Brooklyn, NY 11219, United States, marked "Legal". Notices to you go to the email address on your account. Notice is effective on delivery.
• Force majeure. Neither party is liable for a delay or failure caused by something outside its reasonable control - natural disaster, war, civil unrest, labour action, government act, network or utility failure, or the failure of a third-party provider - except that this does not excuse a payment obligation.
• No waiver. A failure to enforce a provision is not a waiver of it.
• Independent contractors. The parties are independent contractors. These Terms create no partnership, joint venture, agency or employment relationship, and neither party may bind the other.
• Language. These Terms are published in English. Any translation is provided for convenience only; if there is a difference, the English version applies.

Contact Us

For questions about these Terms of Service:

For privacy-related questions, see our Privacy Policy at https://rushhourapp.com/privacy

Response times: general enquiries within 2 business days; privacy and data-protection requests acknowledged within 5 business days and answered within one month (45 days for US state privacy requests); billing disputes within 10 business days; contract disputes within 30 days of a written notice.