Terms of Service
Last Updated: December 14, 2024
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Turbo Technology LLC ("TruckTalk," "we," "us," or "our") concerning your access to and use of the TruckTalk mobile application, website, and related services (collectively, the "Service").
By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
2. Description of Service
TruckTalk provides English language training designed for Spanish-speaking commercial truck drivers to help meet Federal Motor Carrier Safety Administration (FMCSA) English Language Proficiency (ELP) requirements. To our knowledge as of December 2024, TruckTalk is among the only DOT-focused English training programs specifically designed for this purpose.
The Service includes:
- 15 comprehensive English language lessons
- Bilingual audio instruction (powered by third-party AI technology)
- Progress tracking and reporting
- Completion certificates
- Company dashboard for fleet management
3. Eligibility
You must be at least 18 years old to use this Service. By using TruckTalk, you represent and warrant that:
- You are at least 18 years of age
- You have the legal capacity to enter into these Terms
- You will use the Service in compliance with these Terms and all applicable laws
- All information you provide is accurate and current
4. Account Registration and Security
Company Accounts
Trucking companies must register for a company account to add and manage drivers. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access or security breach
Driver Accounts
Driver accounts are created by company administrators. Drivers access the Service using their phone number and company-provided access code. Drivers are responsible for maintaining the confidentiality of their login information.
Company Administrator Responsibilities
As a company administrator, YOU are responsible for:
- Providing accurate phone numbers and driver information
- Ensuring drivers you add are authorized to access the training
- Managing driver access and removal from your account
- Monitoring driver progress and completion status
- Verifying the identity of drivers before issuing certificates
- Any errors in driver information or account management
TruckTalk is not responsible for errors, duplicate accounts, or issues arising from incorrect information provided by company administrators.
5. Payment Terms
Pricing
TruckTalk operates on a one-time payment model:
- Beta customers: $79 per driver (locked in forever)
- Standard pricing: $99 per driver (subject to change for new customers)
- Volume discounts available for 100+ drivers
- Payments are due upon driver enrollment
Payment Processing
- All payments are processed securely through our third-party payment provider
- We accept major credit cards and ACH transfers
- Prices are in U.S. dollars
- You are responsible for any applicable taxes
Refund Policy
Due to the nature of digital training content:
- All sales are final once a driver begins accessing lessons
- Refunds may be issued within 7 days if no lessons have been accessed
- Contact support@trucktalk.app for refund requests
6. License and Restrictions
Limited License
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 its intended purpose.
Restrictions
You agree NOT to:
- Copy, modify, or create derivative works of the Service
- Reverse engineer, decompile, or disassemble any part of the Service
- Rent, lease, sell, or sublicense access to the Service
- Share account credentials with unauthorized users
- Use the Service for any illegal or unauthorized purpose
- Interfere with or disrupt the Service or servers
- Circumvent any security features or access restrictions
- Extract or scrape content from the Service
7. Safety Warnings and Prohibited Uses
Prohibited Use While Driving
⚠️ CRITICAL SAFETY WARNING
TRUCKTALK IS FOR OFF-DUTY TRAINING ONLY. DO NOT USE THIS APP WHILE OPERATING A COMMERCIAL MOTOR VEHICLE.
By using TruckTalk, you explicitly agree that:
- You will ONLY use the app when your vehicle is safely parked and you are off-duty
- You will NEVER access, view, or listen to lessons while driving or operating any vehicle
- You understand that distracted driving is illegal and dangerous
- You accept full responsibility for any accidents, injuries, or violations resulting from improper use
- TruckTalk is a training tool for use during rest periods, breaks, and off-duty time
Audio Volume Warning
Use Safe Volume Levels: Prolonged exposure to loud audio can cause hearing damage. Always use reasonable volume levels when listening to lessons. We are not responsible for any hearing damage or discomfort resulting from excessive volume use.
Waiver of Liability for Safety-Related Incidents
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TURBO TECHNOLOGY LLC SHALL NOT BE LIABLE FOR ANY:
- Accidents, crashes, or collisions resulting from distracted driving
- Injuries or deaths caused by using the app while operating a vehicle
- Traffic violations or citations for distracted driving
- Property damage resulting from inattentive driving
- DOT violations or CSA points related to driver distraction
- Insurance claims or premium increases due to accidents
- Hearing damage from excessive audio volume
- Any other damages arising from improper use of the Service
By using TruckTalk, you agree to indemnify and hold harmless Turbo Technology LLC from any claims, lawsuits, or damages arising from your use of the app in violation of these safety warnings.
8. Proper Use of Completion Certificates
Certificate Authenticity
Completion certificates are issued only to drivers who successfully complete all 15 lessons. By accepting a certificate, you agree that:
- The certificate represents YOUR completion of the training
- You will NOT share, transfer, or allow others to use your certificate
- You will NOT falsify, alter, or misrepresent certificate information
- You will NOT present another person's certificate as your own
- You understand that certificate fraud may constitute criminal activity
Certificate Revocation
We reserve the right to revoke certificates if we detect:
- Fraudulent completion (someone else completed the training)
- Unauthorized sharing or duplication of certificates
- Violation of these Terms
- Misrepresentation of training completion
No Responsibility for Certificate Misuse
TruckTalk is NOT responsible for any consequences arising from fraudulent use, sharing, or misrepresentation of certificates. You are solely responsible for ensuring the authenticity and proper use of any certificate you present to employers, law enforcement, or regulatory agencies.
9. Third-Party Content and Services
Third-Party Technology
TruckTalk utilizes third-party services and content, including:
- Audio Generation: Powered by ElevenLabs AI text-to-speech technology
- Road Sign Images: Some images sourced from Wikimedia Commons under Creative Commons licenses
- Data Storage: Supabase for secure cloud storage
- Payment Processing: Third-party payment processors
Attribution and Licensing
Road sign images used in lessons are licensed under Creative Commons Attribution-ShareAlike licenses where applicable. Original sources and attributions are maintained in our records. Users may not extract or reproduce these images for purposes outside of TruckTalk training.
No Control Over Third Parties
We are not responsible for the availability, accuracy, or performance of third-party services. Changes to third-party services may affect the Service, and we reserve the right to modify or replace third-party integrations as needed.
10. Intellectual Property Rights
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, audio, and the design, selection, and arrangement thereof) are owned by Turbo Technology LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The TruckTalk name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Turbo Technology LLC. You may not use such marks without our prior written permission.
11. User-Generated Content
The Service may allow you to submit feedback, suggestions, or other communications. By submitting content, you grant us:
- A worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute such content
- The right to use the content to improve the Service
You represent that you have all necessary rights to submit such content and that it does not violate any third-party rights.
12. No Guarantee of DOT Compliance
IMPORTANT NOTICE:
While TruckTalk is designed to help drivers meet FMCSA English Language Proficiency requirements, we do not guarantee that completing our training will ensure passing a roadside ELP assessment. The determination of English proficiency is made by law enforcement officers during inspections and is subject to their professional judgment. TruckTalk provides training tools but cannot control individual learning outcomes or inspection procedures.
13. Service Availability and Interruptions
No Guarantee of Availability
While we strive to provide continuous access to the Service, we do not guarantee uninterrupted availability. The Service may be unavailable due to:
- Scheduled maintenance or updates
- Technical difficulties or server issues
- Third-party service outages (Supabase, hosting providers, etc.)
- Network or internet connectivity issues
- Force majeure events (natural disasters, acts of God, etc.)
Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms where such failure results from circumstances beyond our reasonable control, including but not limited to:
- Natural disasters (earthquakes, floods, fires, storms)
- War, terrorism, civil unrest, or government actions
- Power outages or telecommunications failures
- Cyberattacks, hacking, or malicious software
- Pandemics or public health emergencies
- Strikes or labor disputes
No Liability for Service Interruptions
You acknowledge and agree that TruckTalk shall NOT be liable for any damages, losses, or consequences arising from service interruptions, including but not limited to:
- Inability to complete training before a deadline
- Loss of progress or data during outages
- Missed opportunities or business losses
- Delayed certificate issuance
14. 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.
WE DO NOT WARRANT THAT:
- The Service will be uninterrupted, timely, secure, or error-free
- The results obtained from using the Service will be accurate or reliable
- Any errors in the Service will be corrected
- The Service will meet your specific requirements
- Third-party services will remain available or functional
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TURBO TECHNOLOGY LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or data
- Business interruption
- DOT violations or fines resulting from ELP assessments
- Driver out-of-service orders
- Accidents or injuries from improper use while driving
- Service outages or interruptions
- Third-party service failures
- Certificate fraud or misuse
- Any other commercial damages or losses
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.
16. Indemnification
You agree to defend, indemnify, and hold harmless Turbo Technology LLC and its affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:
- Your use or misuse of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you submit through the Service
- Your use of the Service while driving or operating vehicles
- Fraudulent use or sharing of certificates
- Incorrect driver information provided by company administrators
- Any negligent or wrongful acts by you or your drivers
17. Termination
By You
You may stop using the Service at any time. Contact support@trucktalk.app to request account deletion.
By Us
We may suspend or terminate your access to the Service at any time for:
- Violation of these Terms
- Fraudulent, abusive, or illegal activity
- Certificate fraud or misuse
- Extended periods of inactivity
- At our discretion with or without cause
Effect of Termination
Upon termination, your right to use the Service ceases immediately. Drivers who have completed training may retain their certificates, but access to the training platform will be revoked. Provisions of these Terms that by their nature should survive termination shall survive.
18. Changes to Service and Terms
We reserve the right to:
- Modify or discontinue any part of the Service with or without notice
- Update these Terms at any time
- Change pricing for new customers (existing customer pricing locked in as agreed)
Material changes to these Terms will be communicated via email or in-app notification. Your continued use of the Service after changes constitutes acceptance of the updated Terms.
19. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of the State of Arizona, United States, without regard to its conflict of law provisions.
Any disputes arising from these Terms or the Service shall be resolved through:
- Good faith negotiation between the parties
- If unresolved, binding arbitration in accordance with the American Arbitration Association rules
- Arbitration shall take place in Maricopa County, Arizona
20. General Provisions
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and TruckTalk regarding the Service.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment
You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
No Agency
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and TruckTalk.
21. Contact Information
If you have questions about these Terms of Service, please contact us:
BY USING TRUCKTALK, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
If you do not agree to these Terms, you must not access or use the Service.