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.

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. Subscription and Payment

• Subscription fees are billed monthly or annually as agreed upon.
• Payment is due at the beginning of each billing cycle.
• Prices may be updated with 30 days advance notice.
• All payments are processed through Apple App Store or Google Play Store.
• We do not store your credit card information.
• Late payments may result in service suspension.

3. Automatic Renewal Terms

• Your account will be charged for renewal within 24 hours before the end of the current period
• The renewal cost will match your current subscription rate unless we notify you otherwise
• You will receive an email notification before each renewal
• You can manage auto-renewal in your App Store or Play Store account settings
• Turning off auto-renewal does not cancel your current subscription

Price Changes:

• We may change subscription prices with 30 days notice
• Existing subscribers will be notified via email
• Price changes take effect on your next renewal date
• You may cancel before the price change takes effect

4. Refunds and Cancellations

Subscription Services:

• Monthly/Annual subscriptions can be cancelled at any time through your App Store (iOS) or Google Play Store (Android) account settings
• Refunds for subscription fees are available within 30 days of initial purchase
• No refunds for partial subscription periods after the 30-day window
• Cancellations take effect at the end of the current billing period
• To request a refund, contact info@rushhourapp.com with your order number

Service Fees (Completed Deliveries):

• No refunds for completed delivery services
• Disputed charges must be reported within 7 days
• Service credits may be issued for documented service failures

Payment Processing:

• All payments are processed through Apple App Store or Google Play Store
• For billing disputes, contact the respective app store first
• App Store policies and Play Store policies apply to all transactions

To cancel your subscription:

• iOS: Settings > [Your Name] > Subscriptions > RushHour > Cancel
• Android: Play Store > Account > Subscriptions > RushHour > Cancel

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

6. Data Ownership

• You retain ownership of all data you input into the platform.
• You grant us license to use your data to provide and improve our services.
• We will not sell your data to third parties.
• You are responsible for ensuring you have proper rights to any data you upload.

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:

• Your personal information (name, contact, license) belongs to you
• Work-related data (routes, deliveries, performance) belongs to your employer
• 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 Tracking Consent

You consent to:

• Real-time GPS location tracking during your scheduled work shifts
• Background location tracking while the app is running during active shifts
• Sharing your location data with your authorized employer/fleet manager

You understand and agree that:

• Location tracking is essential for route optimization and job assignment
• You can disable location tracking in app Settings at any time
• Disabling location tracking may prevent you from receiving job assignments
• Your employer will be notified if you disable location tracking
• Location data is stored for 90 days, then automatically deleted
• Location tracking automatically stops when you end your shift or close the app

To manage location settings:

1. Open the Driver App
2. Go to Settings > Privacy & Location
3. Toggle location sharing on/off

For more information about how we use your location data, 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. Communication

• In-app messaging should be used professionally and appropriately.
• You may receive push notifications related to work assignments.
• Communication may be monitored and logged by your employer.

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.

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:

• Apple App Store / Google Play Store - Payment processing and subscription management
• Mapping Services - Navigation and routing (e.g., Google Maps)
• Analytics Tools - Performance monitoring and crash reporting
• Cloud Hosting - Data storage and platform infrastructure

Each third-party service operates under its own terms of service and privacy policy. We are not responsible for the practices of these third-party services. By using RushHour, you agree to comply with the terms of these integrated services.

Links to third-party terms:

• Apple App Store Terms
• Google Play Terms

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:

• Personal information is deleted within 30 days (subject to legal retention requirements)
• Payroll and tax records are retained for 7 years as required by law
• Location history is permanently deleted after 90 days
• Performance metrics may be retained for employer's business records
• You may request a data export before termination by contacting info@rushhourapp.com

Voluntary Account Deletion:

• Contact info@rushhourapp.com to request account deletion
• Employer accounts: All associated driver accounts will be notified
• Driver accounts: Employer will be notified of deletion request
• Deletion is processed within 30 days

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:

• We are not liable for any indirect, incidental, or consequential damages
• Our total liability shall not exceed the amount you paid for services in the past 12 months
• We are not liable for service interruptions, data loss, or app malfunction
• We are not responsible for employer-employee disputes or employment decisions
• Location data is provided "as-is" and may not always be accurate
• We are not liable for losses arising from third-party services or integrations

Exceptions:

• This limitation does not apply to damages caused by our gross negligence or willful misconduct
• We remain liable as required by applicable consumer protection laws
• Nothing in these Terms limits liability for death or personal injury

Indemnification

You agree to indemnify and hold harmless RushHour from any claims, damages, losses, or expenses arising from your use of the service or violation of these Terms.

Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

Dispute Resolution

Before filing any legal claim:

• You must first contact info@rushhourapp.com to attempt resolution
• We will respond within 30 days with a proposed resolution
• If unresolved, you may pursue arbitration or small claims court

Arbitration:

• Disputes will be resolved through binding arbitration (except small claims)
• Arbitration conducted under the American Arbitration Association rules
• Location: New York, NY
• Each party pays their own arbitration costs

Class Action Waiver:

You agree to resolve disputes individually, not as part of a class action. You may opt out of this waiver by emailing info@rushhourapp.com within 30 days of account creation.

Exceptions:

• Either party may seek injunctive relief in court
• Intellectual property disputes may be filed in court

Changes to These Terms

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

• We will update the "Last Updated" date 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

You can review the previous version of our Terms by contacting info@rushhourapp.com.

Contact Us

For questions about these Terms of Service:

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

Response time: We aim to respond to all inquiries within 48 business hours.