These Terms of Service govern access to and use of CDL Smart App, a service operated by DriveLine Solutions. By creating an account, checking the agreement box during registration, purchasing a subscription, accessing a workspace, or using the service, you agree to these Terms. If you use the service for a company or other organization, you represent that you are authorized to bind that organization to these Terms.
Eligibility and U.S. scope
You must be at least 18 years old and legally capable of entering into these Terms. Business users must have authority to act for the organization whose workspace they access. CDL Smart App is currently designed and offered for United States business and employment workflows. Users are responsible for determining whether use from or for another jurisdiction is lawful and appropriate.
What CDL Smart App provides
CDL Smart App provides software for driver profiles and applications, recruiting workflows, job postings, team access, documents, communications, reminders, billing, and related tools. The service is a software platform and not a motor carrier, employer, staffing agency, consumer reporting agency, law firm, medical provider, government agency, or background-screening company.
Information, templates, reminders, automated review, and compliance-support features are provided for workflow assistance and are not legal advice or a guarantee of compliance. Laws and carrier requirements differ by jurisdiction and circumstance.
Driver profiles and applications
Drivers are responsible for providing accurate and complete information and for keeping information current. A reusable CDL Smart profile is a technology convenience. It does not by itself replace any employer-specific form, disclosure, authorization, investigation, certification, or record that applicable law requires a particular motor carrier or employer to provide or obtain.
When a driver submits information to an organization, the organization may retain that submission according to its own legal obligations and policies. CDL Smart App does not control an independent organization's lawful retention of copies it has received.
Employer and recruiting customer responsibilities
Organizations and their users are solely responsible for the legality of their recruiting, screening, hiring, communication, and employment practices. This includes compliance with applicable motor-carrier and DOT requirements, the Fair Credit Reporting Act, equal-employment laws, disability and accessibility laws, state and local fair-chance or criminal-history laws, privacy laws, drug-and-alcohol testing rules, FMCSA Clearinghouse requirements, PSP program rules, recordkeeping duties, electronic-signature requirements, automated-employment-tool requirements, and communication-consent laws.
Customers must provide and obtain their own employer-specific notices, disclosures, and authorizations when required. Customers may not treat a general CDL Smart acknowledgment as a substitute for a legally required stand-alone FCRA disclosure, PSP authorization, Clearinghouse consent, drug-testing consent, adverse-action process, applicant privacy notice, or other employer-specific document.
No hiring decision by CDL Smart App
CDL Smart App does not decide whether a driver should be hired, rejected, retained, disciplined, or terminated. Automated or AI-assisted features may organize information, extract data, proofread text, generate content, or flag information for review, but customers remain responsible for lawful human review and employment decisions.
Accounts and security
You must provide accurate account information, protect passwords and access credentials, use only accounts and roles you are authorized to use, and promptly notify us of suspected unauthorized access. You may not share credentials in a way that circumvents user limits or access controls. Organizations are responsible for promptly removing or restricting users who no longer require access.
Privacy and data processing
Our Privacy Policy, Applicant Privacy Notice, and Cookie & Storage Notice describe our privacy practices. For customer-controlled personal information processed on behalf of a business customer, the Data Processing Addendum is incorporated into these Terms where applicable.
Communications and consent
Users who send email or text messages through the service are responsible for having any consent required by law and for honoring opt-out or revocation requests. You may not falsely record consent, upload fabricated consent evidence, send unlawful marketing, or use the service to contact a person who has opted out where the law requires communications to stop.
Driver consent to receive text messages is not a condition of creating a free driver profile. Transactional or legally required communications may be treated differently from marketing communications as permitted by law. Additional requirements are described in the Email & Text Messaging Terms.
Electronic records and signatures
The service may allow electronic signatures and electronic records. Users are responsible for ensuring that electronic delivery and signature procedures satisfy laws applicable to the particular transaction. Where the service provides a downloadable or reproducible record, users should retain copies needed for their own legal and recordkeeping obligations.
Users who consent to electronic signing intend their electronic signature to have the same legal effect as a handwritten signature for the applicable record. A user may request a copy of an electronically signed CDL Smart App record through available download tools or support, subject to applicable retention and access rights.
Subscriptions, automatic renewal, and cancellation
Free features may be used without a paid subscription. Paid plans, trials, plan limits, billing periods, and prices are shown before purchase. Payments are processed by Square or another disclosed payment provider.
When a checkout clearly identifies a recurring monthly or annual subscription, the subscription will renew at the disclosed interval until canceled. Before any recurring charge is authorized, the checkout must present the material price, billing frequency, and renewal terms. Users should not complete a paid checkout unless they agree to those recurring terms.
Cancellation stops future renewal and does not ordinarily create a refund for a period already paid, except where required by law or expressly stated otherwise. We will provide a reasonably simple way for an account owner to stop future recurring charges. A free trial will not be converted into a paid subscription without the account owner completing a paid checkout or otherwise expressly authorizing payment.
Customer content
You retain ownership of content and information you submit, subject to rights held by other people whose information is included. You grant CDL Smart App a limited license to host, process, reproduce, transmit, format, secure, and display that content only as reasonably necessary to operate, support, protect, and improve the service and to carry out actions you request.
Intellectual property
Except for customer content and third-party materials, the service, software, design, branding, documentation, and related intellectual property are owned by or licensed to the operator of CDL Smart App. These Terms do not transfer ownership. You may use the service only for its intended business and employment-related purposes.
Users must have the right to upload and publish content they provide. Copyright complaints are handled under our Copyright & Infringement Policy.
Acceptable use
You may not use the service to violate law or another person's rights; discriminate unlawfully; access information without authorization; scrape or harvest sensitive applicant data; defeat security, role, billing, or usage controls; introduce malware; interfere with service operation; impersonate another person; send deceptive or unlawful communications; use applicant information for unrelated purposes; upload content you do not have a right to use; or attempt to derive, expose, or misuse protected credentials or sensitive data.
Third-party services
Some features depend on third-party services such as hosting, authentication, payment processing, email, SMS, AI, document processing, or government and industry systems. Those services may have separate terms and privacy practices. CDL Smart App is not responsible for third-party systems outside its reasonable control.
Service availability and changes
We may modify, suspend, discontinue, secure, rate-limit, or restrict features when reasonably necessary for maintenance, legal compliance, security, abuse prevention, provider changes, or product development. We do not guarantee uninterrupted or error-free availability.
Disclaimers
To the maximum extent permitted by law, the service is provided on an “as is” and “as available” basis. We do not warrant that use of the service will make a customer compliant with every law, guarantee employment, guarantee the accuracy of third-party or user-supplied information, guarantee that an automated review will identify every issue, or guarantee that a candidate meets a carrier's requirements. Legal and regulatory requirements can vary by jurisdiction and circumstance, and users should obtain qualified professional advice when needed.
Indemnification
To the extent permitted by law, an organization using CDL Smart App agrees to defend and indemnify the operator of CDL Smart App from third-party claims, damages, liabilities, and reasonable costs arising from that organization's unlawful recruiting, screening, hiring, employment, communication, or data-use practices; its violation of these Terms; or content and instructions it supplies to the service. This section does not require indemnification for liability that cannot lawfully be shifted.
Limitation of liability
To the maximum extent permitted by law, CDL Smart App will not be liable for indirect, incidental, special, exemplary, consequential, or punitive damages, lost profits, lost business, or loss of data arising from the service. To the maximum extent permitted by law, aggregate liability arising from the service will not exceed the amount paid by the claimant to CDL Smart App during the 12 months before the event giving rise to the claim. These limitations do not apply where applicable law prohibits them.
Suspension and termination
We may suspend or terminate access for material violations of these Terms, unlawful activity, security threats, abuse, nonpayment, or conduct that creates unreasonable risk to applicants, customers, the service, or others. Users may stop using the service at any time and may submit an account-data request, subject to legal retention obligations.
Governing law and disputes
To the extent permitted by law, these Terms and disputes arising from the service are governed by the laws of the State of Georgia, without regard to conflict-of-law rules. Unless applicable law requires otherwise, legal proceedings that are not resolved informally will be brought in a state or federal court of competent jurisdiction in Georgia. Nothing in these Terms limits rights that cannot lawfully be waived.
General terms
If any provision of these Terms is unenforceable, the remaining provisions remain in effect to the extent permitted by law. Failure to enforce a provision is not a waiver. You may not assign your account or these Terms in a way that transfers unauthorized access to applicant information. We may assign these Terms in connection with a corporate reorganization, financing, merger, acquisition, or sale of the service or related assets. Neither party is responsible for delay caused by events beyond reasonable control, except payment obligations.
Changes to these Terms
We may update these Terms as the service or legal requirements change. Material changes may be communicated through the service or by email where appropriate. If a material change requires renewed consent under applicable law, we will request it. Otherwise, continued use after an effective update constitutes acceptance to the extent permitted by law.
Contact
Questions about these Terms may be sent to support@cdlsmartapp.com.