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Terms of Service

Last updated: March 15, 2026

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement between you and SNX Solution LLC, doing business as X-TMS, governing your access to and use of https://xtms.app, our mobile applications, and all related services (collectively, the "System").

By accessing the System, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of the System.

Supplemental terms, policies, or guidelines posted on the System are hereby incorporated by reference. X-TMS may modify these Terms at any time; changes become effective upon posting the updated date. Your continued use of the System after modifications constitutes acceptance of the revised Terms.

The System is intended for users aged 18 or older and is designed for use by transportation and logistics professionals. While the System assists with operational compliance, it does not constitute legal, regulatory, or compliance advice. Users are solely responsible for ensuring their operations comply with all applicable regulations, including FMCSA (Federal Motor Carrier Safety Administration), DOT (Department of Transportation), IFTA (International Fuel Tax Agreement), and all applicable federal, state, and local transportation laws. You must comply with all applicable laws when accessing the System.

2. Intellectual Property Rights

Unless otherwise stated, the System and all its components — including source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics (collectively "Content") — plus trademarks, service marks, and logos (the "Marks"), are owned or controlled by X-TMS or used under license. These materials are protected under applicable copyright, trademark, and international intellectual property laws.

Content and Marks are provided "AS IS" for personal information and use only. Except as expressly permitted, no part of the System, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited commercially without prior written permission from X-TMS.

Eligible users receive a limited, non-exclusive, non-transferable license to access and use the System and download or print lawfully accessed Content portions for personal, non-commercial use only. All rights not expressly granted are reserved by X-TMS.

User Data and Retention

Data or content you upload, provide, or generate ("User Data") remains yours. By using the System, you grant X-TMS a limited license to store and process your data for operational and improvement purposes. User Data is retained for a minimum of three years; afterward it may be archived, deleted, or relocated. Changes to retention will be communicated via email notification. Upon request, X-TMS will permanently delete your data unless retention is legally required or justified by legitimate business purposes such as billing records.

3. User Representations

By accessing or using the System, you represent and warrant that:

  1. All registration information provided is true, accurate, current, and complete.
  2. You will maintain and promptly update information to ensure ongoing accuracy and completeness.
  3. You are authorized to use the System on behalf of your company or organization, if applicable.
  4. You will not access the System through automated or non-human means, including bots, scripts, or similar tools.
  5. You will not use the System for unlawful, fraudulent, or unauthorized purposes.
  6. Your System use complies with all applicable laws and regulations.

If you provide false, inaccurate, outdated, or incomplete information, X-TMS reserves the right to suspend or terminate your account and refuse current or future System access.

4. User Registration

To access and use the System, you or your company must create an account. You agree to:

  1. Provide accurate, current, and complete registration information.
  2. Maintain confidentiality of your login credentials and restrict account access.
  3. Accept full responsibility for all account activities, whether authorized by you or not.
  4. Immediately notify X-TMS of any unauthorized access or suspected security breaches.

X-TMS reserves the right to remove, reclaim, or modify any username or company name if determined inappropriate, misleading, or in violation of these Terms.

5. Fees and Payment

Certain System services require payment of fees as described on the pricing page. Prices may be updated periodically, with changes communicated in advance or reflected on the pricing page.

All payments are processed through Stripe, a third-party payment service provider supporting Card, Cash App Pay, and Bank Transfer. X-TMS does not store or process payment method details, including card information. Stripe securely handles all payment data per its privacy and security standards.

Billing and Payment Terms

  1. Each newly registered company receives a 7-day free trial. After the trial, automatic billing begins per your selected plan.
  2. You may enable automatic payments, authorizing X-TMS to charge your selected payment method each billing cycle, or receive manual invoices payable within 15 days of the invoice date.
  3. Failure to pay outstanding invoices by the due date may result in temporary account suspension until payment is received.
  4. Billing is generally based on the number of dispatched trucks, though charges may apply even without dispatched trucks if other system features are used.

Refunds and Disputes

  1. If you believe a charge is incorrect, you must notify X-TMS within 30 days of the charge or invoice receipt.
  2. After review, X-TMS may issue a refund or credit if an error is confirmed. Refunds will be processed using the original payment method within 7 business days of confirmation.

X-TMS reserves the right to correct any pricing errors or inaccuracies, even after payment has been processed. All payments are processed in U.S. dollars (USD) unless otherwise stated.

6. Cancellation and Account Suspension

You may cancel your subscription at any time by contacting us. Cancellation takes effect at the current billing period's end, with no further charges after that date. Any previously issued invoices remain payable in full.

X-TMS reserves the right to suspend or deactivate your account in these cases:

  1. Failure to pay outstanding invoices by the due date.
  2. Account inactivity exceeding 90 consecutive days.
  3. Detection of suspicious, fraudulent, or misleading activity related to your account or company.

If your account is suspended, you may contact X-TMS to review and, if appropriate, reactivate the account once the issue is resolved.

Upon cancellation or suspension, X-TMS may retain your data for at least 3 years, then archive, delete, or relocate it. You may request full data deletion by contacting office@xtms.app.

7. Prohibited Activities

You may use the System only for its intended business purposes. Any use violating these Terms, applicable laws, or interfering with System operation or security is strictly prohibited. As a user, you agree not to:

X-TMS reserves the right to suspend or terminate any account engaging in prohibited activities without notice.

8. User-Generated Contributions

The System may allow you to provide feedback, comments, reviews, or other content ("Contributions"). By submitting Contributions, you acknowledge and agree that:

X-TMS reserves the right to remove, modify, or relocate any Contributions and suspend or terminate your System access for violations.

9. Contribution License

By submitting Contributions (such as feedback, comments, or reviews), you grant X-TMS an unrestricted, worldwide, royalty-free, and perpetual license to use, copy, reproduce, modify, publish, distribute, and display these Contributions in any media or format. This license includes using your name, image, or any trademarks or logos you provide with your Contributions.

You retain ownership of your Contributions and associated intellectual property rights. X-TMS is not responsible for your Contributions' content and is not liable for any claims, damages, or losses arising from them. You agree to indemnify and hold X-TMS harmless from Contribution-related claims.

X-TMS may, at its discretion, edit, relocate, or remove Contributions without obligation to monitor or review them.

10. Mobile Application License

Use License

If you access the System via a mobile application, X-TMS grants you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on devices you own or control. You shall not:

Apple and Android Devices

When using a mobile application obtained from the Apple App Store or Google Play (each an "App Distributor"), your license is limited to a non-transferable right to use the application on a device running the applicable operating system per the App Distributor's terms. X-TMS is responsible for maintenance and support services. You represent that you are not located in a country subject to U.S. government embargo and are not on any restricted parties list. You acknowledge that App Distributors are third-party beneficiaries of this license.

11. Submissions

Any questions, comments, suggestions, ideas, feedback, or other information you voluntarily provide regarding the System ("Submissions") will be considered non-confidential. By submitting Submissions, you grant X-TMS a non-exclusive, worldwide, royalty-free, and perpetual license to use, reproduce, modify, distribute, display, and otherwise exploit these Submissions for the purpose of improving and operating the System, without obligation to acknowledge or compensate you.

You retain ownership of your Submissions. You represent that your Submissions are original to you or that you have all rights necessary to provide them, and that they do not infringe any third-party rights.

12. Artificial Intelligence and Automated Processing

The System incorporates artificial intelligence ("AI") features for document processing, data extraction, and operational assistance. By using AI-powered features, you acknowledge and agree that:

X-TMS shall not be liable for any losses, damages, or claims arising from reliance on AI-generated outputs without independent verification.

13. Service Availability

X-TMS uses commercially reasonable efforts to maintain Platform availability. However, the System is provided without any uptime guarantee or service level agreement (SLA) unless a separate written SLA has been executed between you and X-TMS.

Scheduled maintenance windows will be communicated via email or in-platform notification when practicable. X-TMS is not liable for downtime caused by circumstances beyond its reasonable control, including but not limited to third-party service outages, internet disruptions, natural disasters, or government actions.

14. Third-Party Websites and Content

The System integrates with third-party services, including but not limited to fleet telematics providers (Samsara), payment processors (Stripe), email services (SendGrid), voice services (Twilio), AI providers (Google, OpenAI, Anthropic), and regulatory databases (FMCSA). Some data may be transmitted to and stored on third-party servers as necessary for these integrations to function.

X-TMS does not review, monitor, or verify the accuracy, completeness, or appropriateness of third-party data. The inclusion of integrations does not imply endorsement of or responsibility for any third-party services. Your use of third-party integrations is at your own risk, and you are responsible for complying with their respective terms and policies. X-TMS is not liable for any acts, omissions, outages, or data breaches caused by third-party providers.

15. System Management

X-TMS reserves the right, but is not obligated, to:

16. Privacy Policy

X-TMS prioritizes data privacy and security. Please review our Privacy Policy. By using the System, you agree to be bound by the Privacy Policy, which is incorporated into these Terms. If you access the System from a region with data protection laws differing from U.S. law, you acknowledge and consent to the transfer and processing of your data per the Privacy Policy.

X-TMS respects the intellectual property rights of others. If you believe any material on or accessible through the System infringes your copyright, notify us immediately by sending a written notice to office@xtms.app. Your notice should include all relevant information to help investigate your claim. Under applicable law, you may be liable for damages if you knowingly make false copyright infringement claims.

18. Term and Termination

These Terms remain in effect for as long as you use the System. X-TMS reserves the right, at its sole discretion and without notice or liability, to deny access to or use of the System to any person for any reason or no reason, including violations of these Terms or applicable laws.

The company may terminate your access, suspend your account, or delete any posted content at any time without prior notice. If your account is terminated or suspended, you may not register a new account under your name, a false or borrowed name, or any third-party name.

19. Modifications and Interruptions

X-TMS reserves the right to change, modify, remove, or discontinue any part of the System at any time without notice. The System may not be available at all times due to hardware, software, maintenance, or other issues.

X-TMS is not liable for any loss, damage, or inconvenience caused by inability to access or use the System during downtime. The company may add new features, fix bugs, or make improvements at its discretion, and may provide email notifications regarding scheduled maintenance.

20. Governing Law and Dispute Resolution

Governing Law

These Terms and your System use are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Informal Negotiations

Before initiating formal legal proceedings, both parties agree to attempt informal dispute resolution. The party asserting a dispute must notify the other in writing, and the parties will negotiate in good faith for 30 days.

Binding Arbitration

If the dispute cannot be resolved informally, it will be submitted to binding arbitration under the American Arbitration Association (AAA) Commercial Arbitration Rules. Arbitration will be conducted in Delaware, USA. Each party may be represented by counsel. Arbitration costs, including any excessive fees, will be borne by X-TMS.

Court Proceedings

Certain disputes are excluded from arbitration, including disputes regarding intellectual property rights, theft allegations, privacy invasions, or claims seeking injunctive relief. These may be brought in Delaware state or federal courts, and both parties consent to jurisdiction and venue in those courts.

Limitations

Arbitration is limited to individual disputes and may not be consolidated or joined with other claims, nor may it be brought as a class action. Any dispute must be filed within one (1) year from the cause of action's date; otherwise, it is permanently barred.

21. Corrections

The System may contain typographical errors, inaccuracies, or omissions. X-TMS reserves the right to correct any errors and update information at any time without prior notice. You agree that X-TMS is not responsible for any errors or for actions taken in reliance on such information.

22. Disclaimer

The System and all services are provided on an "AS-IS" and "AS-AVAILABLE" basis. Your use is at your sole risk. To the maximum extent permitted by law, X-TMS disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

X-TMS makes no representations regarding the accuracy, completeness, reliability, or timeliness of System content, including but not limited to AI-generated outputs, third-party data, FMCSA data, telematics data, or any other information displayed within the System. The company is not responsible for errors, personal injury, unauthorized access, interruptions, viruses, or losses arising from reliance on System content.

The System does not provide legal, regulatory, tax, or compliance advice. While the System may assist with operational workflows related to FMCSA, DOT, IFTA, and other regulatory frameworks, users are solely responsible for ensuring their own compliance with all applicable laws and regulations.

23. Limitations of Liability

To the fullest extent permitted by law, neither X-TMS nor its affiliates, directors, officers, employees, agents, or licensors will be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, lost revenue, lost data, business interruption, regulatory fines or penalties, cost of substitute services, or any damages arising from AI-generated outputs, regardless of the theory of liability.

X-TMS's total aggregate liability for any and all claims arising from or related to your System use will not exceed the total amount you have paid X-TMS during the twelve (12) months immediately preceding the event giving rise to the claim, or one hundred U.S. dollars ($100), whichever is greater.

The limitations in this section apply to the maximum extent permitted by applicable law and shall survive termination of these Terms or your account.

24. Indemnification

You agree to defend, indemnify, and hold harmless X-TMS and its subsidiaries, affiliates, officers, agents, partners, and employees from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:

  1. Your Contributions or content submitted to the System
  2. Your use of the System
  3. Your breach of these Terms of Service
  4. Any breach of your representations or warranties
  5. Your violation of any third-party rights
  6. Any harmful, abusive, or unlawful act toward another user

X-TMS reserves the right to assume exclusive defense and control of any indemnified matter.

25. Electronic Communications, Transactions, and Signatures

By using the System, you consent to electronic communications. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

You also agree to the use of electronic signatures, contracts, orders, and records, and to the electronic delivery of notices, policies, and transaction records. You hereby waive any requirements for paper-based or non-electronic records under applicable laws.

26. Miscellaneous

These Terms, together with any policies posted on the System, constitute the entire agreement between you and X-TMS and supersede any prior agreements.

X-TMS's failure to enforce any provision will not be deemed a waiver. The company may assign or transfer its rights and obligations under these Terms to any third party. X-TMS is not liable for delays or failures resulting from circumstances beyond its reasonable control, including acts of God, natural disasters, or internet service interruptions.

If any provision is found invalid or unenforceable, the remaining provisions continue in full force. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship. These Terms will not be construed against X-TMS solely because the company drafted them.

27. Contact Us

For questions, complaints, or additional information about the System or these Terms, please contact us at:

SNX Solution LLC
30 N Gould St Ste R
Sheridan, WY 82801, USA
Email: office@xtms.app