Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using CabTally ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

CabTally is a cloud-based bookkeeping and compliance management application designed for owner-operators. The Service includes tools for:

• Trip logging and mileage tracking
• Expense tracking and receipt scanning
• Broker invoicing
• Bank account reconciliation
• Loan and amortization tracking
• Compliance deadline tracking and reminders
• Per diem calculation
• Financial reporting and analytics

3. Not Professional Accounting, Tax, or Legal Advice

CabTally is a bookkeeping and organizational tool — not a certified public accounting firm, tax preparation service, or legal counsel. The Service does not provide:

• Certified tax preparation or filing
• Professional accounting or auditing services
• Legal advice or representation
• IFTA tax filing or preparation
• IRS representation

You are solely responsible for consulting a licensed CPA, tax professional, or attorney for tax, accounting, and legal matters. All financial reports, per diem calculations, and summaries generated by the Service should be reviewed by a qualified professional before filing with any government agency.

4. User Responsibilities

You are responsible for:

• Providing accurate and complete information when using the Service
• Maintaining the accuracy of your financial records
• Ensuring compliance with all applicable federal, state, and local trucking regulations, including DOT, FMCSA, and IFTA requirements
• Keeping your login credentials secure and confidential
• All activity that occurs under your account

5. Subscription, Payment, and Refund Policy

The Service is offered on a subscription basis at $15.99 per month. Pricing is subject to change with reasonable advance notice.

5.1 Free Trial

New users are eligible for a 7-day free trial. No charges will be applied during the trial period. You may cancel at any time during the trial to avoid being charged. If you do not cancel before the trial ends, your subscription will automatically begin and your payment method will be charged the monthly subscription fee.

5.2 Billing

Subscription fees are billed in advance on a monthly basis through Stripe, our payment processor. You authorize CabTally to charge your designated payment method for all recurring subscription fees until you cancel your subscription.

5.3 Cancellation

You may cancel your subscription at any time through the Subscription Settings page or by contacting support. Upon cancellation, your access to the Service will continue until the end of the current billing period. No further charges will be made after the cancellation takes effect.

5.4 Refund Policy

• No Refunds for Current Billing Period: Subscription fees are billed in advance and are non-refundable for the current billing period upon cancellation. You will retain access to the Service until the end of the period you have paid for.
• No Partial Month Refunds: No refunds or credits are issued for partial billing periods, unused subscription time, or failure to use the Service during a billing period.
• Free Trial: If you cancel during the free trial period, you will not be charged. Charges made in error during a free trial will be refunded upon request.
• Billing Errors: If you believe you have been charged in error, please contact support at support@cabtally.com within 30 days of the charge. Verified billing errors will be corrected or refunded at our discretion.
• Duplicate Charges: If a duplicate charge is identified, please contact support for a full refund of the duplicate amount.

5.5 Chargebacks and Payment Disputes

By subscribing to CabTally, you agree to the following chargeback and dispute policy:

• Contact Before Disputing: You agree to contact CabTally support at support@cabtally.com to resolve any billing concerns before filing a chargeback or payment dispute with your bank or card issuer.
• Service Rendered: Filing a chargeback for services that were rendered and accessible during the billing period constitutes a violation of these Terms. CabTally maintains records of account activity, subscription status, and Terms acceptance as evidence in dispute proceedings.
• Dispute Response: CabTally reserves the right to contest chargebacks with appropriate evidence, including proof of service delivery, account usage logs, payment history, and these Terms of Service.
• Account Suspension: Accounts associated with chargebacks may be suspended pending resolution. Persistent or fraudulent chargeback activity may result in permanent account termination.
• Compliance: CabTally monitors chargeback rates in accordance with Visa Dispute Monitoring Program (VDMP) and Mastercard Excessive Chargeback Program (ECP) thresholds to maintain compliance with card network requirements.

5.6 Automatic Renewal Disclosure

By subscribing to CabTally, you acknowledge and expressly agree that:

• Automatic Recurring Billing: Your subscription will automatically renew at the end of each billing cycle (every 30 days) and your payment method on file will be charged $15.99 per month until you cancel.
• Authorization to Charge: You authorize CabTally, through its payment processor Stripe, to automatically charge your credit card or other designated payment method for the recurring monthly subscription fee without further notice or confirmation for each renewal period.
• No Additional Notice Required: You acknowledge that the subscription is continuous and automatic. You will receive a pre-renewal reminder email before each scheduled charge, but your subscription will renew and your payment method will be charged regardless of whether you open or read that reminder.
• Right to Cancel: You have the right to cancel your subscription at any time through the Subscription Settings page in your account or by contacting support. Cancellation will stop future charges, but will not result in a refund for the current billing period. Access continues until the end of the period you have already paid for.
• Price Changes: If the subscription price changes, CabTally will provide reasonable advance notice via email before the new price takes effect. The new price will apply to the next renewal cycle following the notice.
• Acknowledgment of Disclosure: By completing the checkout process and clicking "Subscribe," you confirm that you have read, understood, and agreed to this automatic renewal policy. CabTally maintains records of your acceptance — including the date, time, terms version, and device information — as evidence for billing and dispute resolution purposes.

6. Data Accuracy and Record-Keeping

While CabTally provides tools to help you organize, categorize, and track financial data, you are ultimately responsible for the accuracy and completeness of all data entered into the Service. CabTally does not guarantee that its reports, calculations, or summaries will be accepted by the IRS, DOT, FMCSA, or any other government agency. You should retain original source documents (receipts, rate confirmations, bills of lading, etc.) for your records.

7. Privacy and Data Security

We take reasonable technical and organizational measures to protect your data. However, no method of transmission or electronic storage is 100% secure. You acknowledge that you use the Service at your own risk and that we cannot guarantee absolute security. For details on how we collect, use, and protect your personal information, please review our Privacy Policy.

8. Intellectual Property

All content, features, and functionality of the Service — including the CabTally name, logo, software, design, and documentation — are the exclusive property of CabTally and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from the Service without prior written consent.

9. Limitation of Liability

To the maximum extent permitted by law, CabTally and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or data
• Inaccurate tax filings or penalties resulting from data you entered
• Missed compliance deadlines or regulatory fines
• Business interruption or loss of business opportunity

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Indemnification

You agree to indemnify and hold CabTally and its affiliates harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable law or the rights of any third party.

11. Termination

You may cancel your account and subscription at any time. We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, including for any violation of these Terms.

12. Changes to Terms

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of this page. Your continued use of the Service after any changes are posted constitutes your acceptance of the updated Terms.

13. Dispute Resolution and Arbitration

This Section explains how disputes between you and CabTally will be resolved. By using the Service, you agree to the following dispute resolution process:

13.1 Binding Arbitration

Except for disputes that may be resolved in small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved by final and binding arbitration, rather than in court. Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be held in the United States. Judgment on the arbitration award may be entered in any court having jurisdiction.

13.2 Class Action Waiver

You and CabTally agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

13.3 Pre-Arbitration Notice

Before initiating arbitration, you and CabTally agree to attempt to resolve the dispute informally. You must send a written notice of the dispute to CabTally at support@cabtally.com with a description of the claim and the relief sought. If the dispute is not resolved within 30 days, either party may initiate arbitration.

13.4 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to CabTally within 30 days of first accepting these Terms. The notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

13.5 Exception: Intellectual Property

Notwithstanding the above, either party may bring an action in court for infringement of intellectual property rights without first submitting to arbitration.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration under Section 13, such dispute shall be resolved in the appropriate courts located in the United States.

15. FTC AI Disclosure

CabTally uses artificial intelligence (AI) and machine learning technologies to assist with certain features of the Service. The following disclosures are provided in accordance with Federal Trade Commission guidance on the use of AI:

• AI-Assisted Features: Certain features — including receipt scanning, transaction categorization, dispute response generation, and onboarding assistance — use AI to generate or suggest content based on your input.
• AI-Generated Content: Content generated by AI features (such as dispute rebuttal letters or categorization suggestions) is automatically generated and may not always be accurate. You are responsible for reviewing and verifying all AI-generated content before relying on it or submitting it to any third party.
• Not a Substitute for Professional Advice: AI-assisted features do not constitute legal, tax, or accounting advice. AI-generated summaries and reports should be reviewed by a qualified professional before filing with any government agency or submitting to any financial institution.
• No Human Review of AI Output: AI-generated content is produced by automated systems and is not individually reviewed by a human before being presented to you.
• Transparency: When you interact with an AI assistant or use an AI-powered feature within the Service, you will be informed that you are interacting with an automated system.

16. Data Retention, Sanitization, and Account Closure

This Section describes how CabTally handles your data upon subscription cancellation or account closure, in accordance with federal retention regulations, state data privacy laws, and NIST SP 800-88 Rev 1 (Guidelines for Media Sanitization).

16.1 Explicit Custody Shift Provision

You acknowledge and agree that the legal responsibility for complying with Federal Motor Carrier Safety Administration (FMCSA) record retention requirements, including those set forth in 49 CFR Part 395 (Hours of Service of Drivers), rests solely with you as the motor carrier or owner-operator. CabTally acts strictly as a data processor during the active subscription period and does not assume legal custody or regulatory liability for your compliance records. You are solely responsible for ensuring that all federally required records are properly retained, exported, and archived in accordance with applicable FMCSA, DOT, and IFTA regulations.

16.2 Mandatory Export Window and Disclaimers

Upon cancellation of your subscription, CabTally grants you a 30-day post-cancellation window (the "Grace Period") during which you may export all required financial, mileage, and supporting records from the Service in a read-only capacity. You are expressly advised that:

• You must export all required records before the expiration of the 30-day Grace Period
• Failure to export records prior to the expiration of the Grace Period may result in permanent data loss once sanitization occurs
• After the Grace Period expires, your account access is revoked and login is disabled
• CabTally is not liable for any data loss, regulatory penalties, or compliance failures resulting from your failure to export records within the Grace Period

16.3 Automated Data Sanitization Notice

Upon the expiration of mandatory statutory retention holds — IFTA fuel and mileage records (4 years per IFTA Agreement §460), IRS tax records (7 years per IRC §6501), and DOT compliance records (3 years per 49 CFR §390.31) — CabTally will permanently destroy all customer datasets in accordance with NIST Special Publication 800-88 Revision 1 standards. The sanitization process includes:

• Cryptographic Erase (CE): All data belonging to your tenant is encrypted at rest using a dedicated, unique Data Encryption Key (DEK). When the sanitization trigger fires, the tenant decryption key is permanently and irreversibly destroyed, rendering all encrypted data permanently unreadable
• Post-Sanitization Verification: The platform verifies that all retained data fields have been cleared and issues an immutable Certificate of Sanitization
• Certificate of Sanitization: Upon completion, the system automatically generates and logs a Certificate documenting the account identifier, data categories sanitized, sanitization method executed (NIST SP 800-88 Cryptographic Erase), exact timestamp of key destruction, and success verification status
• Indefinite Certificate Retention: Sanitization certificates and audit trail metadata are retained indefinitely to prove compliance with state data disposal regulations during future privacy audits or legal disputes

16.4 Biometric Data Immediate Deletion Waiver

CabTally does not collect, process, or store biometric identifiers, facial recognition vectors, voiceprints, or other biometric data as defined under the Illinois Biometric Information Privacy Act (BIPA, 740 ILCS 14) or similar state laws. Notwithstanding the foregoing, you acknowledge that cancellation of your subscription automatically revokes any processing consent for any data that may be construed as biometric, triggering the immediate destruction of any such data in accordance with BIPA Section 15(a). No biometric templates are retained beyond the active subscription period or transferred to third parties.

16.5 Litigation Hold Overrides

The CabTally platform architecture includes a Legal Hold mechanism. If CabTally or a motor carrier is served with a legal subpoena, court order, or ongoing government investigation prior to data sanitization, the system will temporarily suspend all automated deletion routines for the affected account until the legal hold is formally released. During a legal hold:

• All retention records for the affected account are marked as under legal hold and exempt from automated purging
• Normal retention expiry processing is suspended for the duration of the hold
• Upon formal release of the legal hold, normal retention and sanitization processing resumes
• All legal hold actions (placement and release) are recorded in the immutable audit trail with timestamps and reasons

17. Contact

For questions or concerns about these Terms, contact us at support@cabtally.com.