Last Updated: December 16, 2025
Acceptance of the Onfleet Driver End User License Agreement.
This Onfleet Driver End User License Agreement (“Agreement”) is an agreement between Onfleet, Inc. (“Onfleet”, “we”, “us”, or “our”) and you. This Agreement governs your use of the Onfleet Driver mobile application and its included services (the “App”).
By downloading, installing, or using the App, you agree that: you have read this Agreement and that you understand, accept, and agree to be bound by all of the terms and conditions contained herein as well as our Privacy Notice. If you do not agree with any of the terms of this Agreement or in our Privacy Notice, you must not download, install, access, or use the App and you must delete the App from your mobile device(s). By using the App, you represent and warrant that you are of legal age to form a binding contract with us.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE CLAIMS HEREUNDER, ALL OF WHICH ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
Changes to Agreement Terms
We may revise and update the terms of this Agreement or our Privacy Notice from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter.
Your continued use of the App following the posting of revised terms means that you accept and agree to the changes. You are expected to check this Agreement and our Privacy Notice frequently, so you are aware of any changes, as they are binding on you. Although we are not required to do so, in the event that we notify you of any changes to the Agreement or our Privacy Notice, you agree that any such notice may be posted on the App or may be delivered to you via e-mail or any other written or electronic means chosen by us in our reasonable discretion.
No Employment Relationship
Onfleet provides this application solely as a tool to facilitate communication and management of delivery tasks (“Tasks”) between you, the driver, and the business organization that employs you or has engaged you as an independent contractor (“Employer Organization”). This Agreement does not create an employment relationship between you and Onfleet. Onfleet does not have the right to, and shall not, control the manner or the method of accomplishing the Tasks.
All matters related to your employment or engagement, including but not limited to pay, wages, benefits, working conditions, disputes, and other terms of employment or engagement, are solely the responsibility of your Employer Organization. Any concerns or inquiries regarding these aspects of your employment or engagement should be directed exclusively to your Employer Organization. Onfleet is not responsible for, nor do we have any involvement in, your employment or independent contractor relationship with your Employer Organization. Onfleet shall not have any liability in connection with any dispute between you and your Employer Organization, including without limitation disputes related to the payment of compensation for performing Tasks.
Accessing the App
We reserve the right to suspend access to the App in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to parts or all of the App.
Limited License of the App
License Grant
Subject to the terms of this Agreement, Onfleet grants you a limited, non-exclusive, and non-transferable license to download, install, and use the App on one or more mobile devices owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the terms of this Agreement.
License Restrictions
Except as may be expressly permitted by applicable law or expressly authorized by this Agreement, you shall not:
Term and Termination
The term of this Agreement commences when you download the App and will continue in effect until terminated as permitted herein.
Upon termination of this Agreement, all rights and licenses granted to you under this Agreement will also terminate and you must cease all use of the App and delete all copies of the App from your Mobile Device. Termination of this Agreement will not limit any of Onfleet’s rights or remedies at law or in equity.
Reservation of Rights
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Onfleet and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Reliance on Information
We do not warrant the accuracy, completeness, or usefulness of information provided through the App. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content and materials by you.
Updates and Changes to the App
We may from time to time, in our sole discretion, develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Onfleet has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
You shall promptly download and install all Updates, and you hereby acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
Collection and Use of Your Information
You acknowledge that when you download, install, or use the App, Onfleet may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to our Privacy Notice. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
Third-Party Links and Resources
The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Onfleet is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Onfleet does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Geographic Areas
We are based in the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.
Disclaimer of Warranties
YOUR USE OF THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENTS, AND ITS INCLUDED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ONFLEET NOR ANY PERSON ASSOCIATED WITH ONFLEET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER ONFLEET NOR ANYONE ASSOCIATED WITH ONFLEET REPRESENTS OR WARRANTS THAT THE APP OR ITS INCLUDED SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ITS INCLUDED SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ONFLEET HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Communications from Onfleet
When using the App or any of its included Services, you agree to receive electronic communications from Onfleet (or its service providers and agents), including without limitation, SMS/IMessages, emails, and phone calls.
User Content
If you use, post, upload, enter any field data, or submit content (e.g., application usage, feedback, reviews, or other materials) (“User Content”), the following terms apply:
Feedback
Under no circumstances shall your disclosure of any idea, feedback, or any related material to Onfleet be subject to any obligation of confidentiality or expectation of compensation.
By submitting an idea, feedback or any related material that would be subject to intellectual property rights to Onfleet, you grant to Onfleet, with respect to the feedback submitted, a non-exclusive, perpetual, irrevocable, global and royalty-free license to use all of the content of such ideas and feedback, for any purpose whatsoever, without acknowledgement or compensation to you.
Disputes and Claims Against Onfleet
Arbitration
You agree to participate in final and binding arbitration under the rules of the American Arbitration Association in San Francisco, California, as the exclusive method of resolving any dispute between you and Onfleet regarding any claim you may have against Onfleet, and you expressly waive your right to a trial by jury and the right to participate in a class action lawsuit. You further agree that the arbitration will take place on an individual basis, that class arbitration and class actions are not permitted, and that you agree to give up the ability to participate in any class action. For avoidance of doubt, you agree to give up the ability to bring a lawsuit in court (except to the extent limited by applicable law), and you are giving up the ability to bring or participate in a class action in any form or forum, even if your dispute is determined not to be subject to arbitration.
Limitations on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ONFLEET, ITS AFFILIATES, OR THEIR LICENSORS, THIRD-PARTY SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE, UNDER ANY LEGAL THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL AND LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APP.
OUR TOTAL AGGREGATE LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE APP DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM(S) AROSE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE DOWNLOADED OR USED THE APP WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS. THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION, WHETHER IN TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF DAMAGES WERE FORESEEABLE, NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW.
BY ACCESSING THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Time Limitations
All claims arising out of or relating to this Agreement or your use of the App must be filed within one (1) year of the cause of action arising. Claims filed after this period shall be deemed permanently barred.
Indemnification
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Onfleet, its affiliates and their partners, third-party service providers, officers, directors, employees, agents, successors and assigns from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with: (a) your use of, or activities in connection with, the App; (b) your breach of this Agreement; (c) your violation of any law or the rights of a third party; and (d) your acts and omissions in connection with the performance of Tasks, including without limitation claims arising out of personal injury, death and damage to property. If you fail to promptly indemnify and defend a covered claim, Onfleet shall have the right to defend itself, and in such case, you shall promptly reimburse us for all of our associated costs and expenses. You will not settle any such claim without the prior written consent of Onfleet.
General Provisions
Force Majeure
If by reason in whole or in part of any Force Majeure Event, Onfleet is delayed or prevented from complying with this Agreement, then such delay or non-compliance shall not be deemed to be a breach by Onfleet, and you shall not be entitled to any damages by reason thereof. “Force Majeure Event” means any event beyond our reasonable control, including, but not limited to, pandemic, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, hacking, or equipment or software malfunction. In the event of a Force Majeure Event, Onfleet may suspend or terminate access to the App without prior notice and without liability.
Severability
If any provision of this Agreement is deemed invalid, unlawful, or unenforceable for any reason, such provision shall be severed from the remaining terms, and the remaining terms shall remain valid and enforceable to the fullest extent permitted by law.
Survival
Provisions that by their nature should survive termination of this Agreement shall survive, including, but not limited to, provisions regarding arbitration, limitation of liability, indemnification, intellectual property rights, and governing law.
Third-Party Beneficiaries
Except for the terms found in the Apple App Store User Terms, below, nothing expressed or referred to in this Agreement shall be construed to give any person other than the parties to the Agreement any legal or equitable right, remedy, or claim under or with respect to its terms, except as set out in this paragraph. This Agreement and all of its provisions are for the sole and exclusive benefit of the parties and their successors and permitted assigns; provided however, that our partners, affiliates, and third-party providers may rely on your indemnification obligations, representations, warranties, and covenants in connection with a defense of any claim or proceeding against them.
Headings
Section and subsection headings in this Agreement are for reference and convenience only and shall not affect the meaning, interpretation, or enforceability of any provisions.
Assignment
You may not assign or transfer your rights or obligations under this Agreement without prior written consent from Onfleet. Any attempted assignment in violation of this provision shall be null and void.
Governing Law
The terms of this Agreement are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. For any dispute not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California.
Waivers
The failure of Onfleet or its partners and affiliates to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Onfleet in writing.
Relationship of the Parties
Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or fiduciary relationship between you and Onfleet.
Entire Agreement
This Agreement and other terms incorporated by reference, constitute the entire agreement between you and Onfleet concerning your use of the App. This Agreement supersedes all prior or contemporaneous understandings, agreements, representations, and communications, whether written or oral, relating to the subject matter hereof. Any additional or conflicting terms you attempt to impose, whether by communication or otherwise, are void and without effect.
Apple App Store User Terms
The following terms apply to any app downloaded from the Apple App Store:
Acknowledgment
This Agreement is between Onfleet and Customer only, and not with Apple, and Onfleet, not Apple, is solely responsible for the App and the content thereof. The Agreement does not provide for usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions, which you acknowledge you have had the opportunity to review.
Scope of License
The license granted to you for the App is limited to a non-transferable license on any Apple-branded products that you own or control and as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions.
Maintenance and Support
Onfleet is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. You and Onfleet acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty
Onfleet is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Onfleet’s sole responsibility.
Product Claims
You and Onfleet acknowledge that Onfleet, not Apple, is responsible for addressing any of your claims or the claims of any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. This Agreement may not limit Onfleet’s liability to you beyond what is permitted by applicable law.
Intellectual Property Rights
You and Onfleet acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Onfleet, not the relevant Application Store, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Legal Compliance
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address
Any questions, complaints, or claims with respect to the App should be directed to:
Onfleet, Inc.
268 Bush Street #4305
San Francisco, CA 94104
Email: support@onfleet.com
Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the App (e.g., your wireless data service agreement).
Third-Party Beneficiary
You and Onfleet acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.