These Terms of Service (the “Terms”) govern your use of the Mary Consulting ELD electronic logging device, mobile application, fleet web portal, website and related support services (together, the “Service”) provided by Mary Consulting ELD (“Mary Consulting”, “we”, “us”). By ordering, installing or using any part of the Service you agree to these Terms. If you are using the Service on behalf of a motor carrier or other company, you represent that you have authority to bind that company, and “you” refers to the company.
1. Acceptance of these Terms
You must read and accept these Terms before using the Service. If you do not agree, do not use the Service. Where a separate written agreement between Mary Consulting and a motor carrier covers the same subject matter, that agreement controls to the extent of any conflict, and these Terms apply to everything else, including the use of the Service by the carrier's drivers.
Drivers use the Service under an account set up and controlled by their motor carrier (the “Carrier”). Drivers agree to these Terms by logging in to the Mary Consulting ELD app.
2. The Service
The Service is an electronic logging device solution for commercial motor vehicles operating in the United States. It consists of:
- ELD hardware (currently the IOSiX and PT30 devices) that connects to the vehicle's engine control module and records engine, speed, odometer and location data;
- the Mary Consulting ELD mobile application for iOS and Android tablets and phones, which drivers use to record hours of service (“HOS”), change duty status, certify and edit logs, file driver vehicle inspection reports (“DVIR”) and present or transfer records during roadside inspections;
- a web portal that Carriers use to manage drivers, vehicles and devices, review and approve logs, resolve unassigned driving time and generate reports; and
- customer support by phone and email.
The Service is designed to record and transfer records in the manner described in 49 CFR Part 395, Subpart B and its technical specifications. The Service does not provide legal advice, and the output of the Service does not replace your own judgment about compliance with federal, state or local law.
3. Accounts and eligibility
To use the Service a Carrier must open an account and provide accurate information, including its legal name, USDOT number, address and a working contact. The Carrier is responsible for creating driver accounts, for keeping every driver's identifying information accurate and for removing accounts of drivers who leave.
You are responsible for keeping login credentials confidential and for all activity under your accounts. Drivers must log in with their own credentials only; sharing accounts between drivers makes HOS records inaccurate and is prohibited. Tell us immediately at info@maryconsultingeld.com if you believe an account has been compromised.
You must be at least 18 years old and legally able to enter into a contract to use the Service.
4. Subscriptions, fees and payment
Use of the Service requires an active subscription for each vehicle or driver, as set out in your order or subscription plan. Fees are billed in advance for each billing period and are non-refundable except where these Terms or applicable law say otherwise. Prices exclude taxes; you are responsible for any sales, use or similar taxes.
If a payment fails or is overdue we may suspend access to the web portal and to new features after giving notice. Because drivers must keep recording HOS, we will not intentionally stop the ELD from recording data during a suspension, but records may not be available to the Carrier until the account is brought current. We may change our fees with at least 30 days' notice; changes take effect at the start of your next billing period.
5. ELD hardware
Hardware you purchase from us becomes your property on delivery; hardware provided on a rental or lease basis remains our property and must be returned in working condition when your subscription ends. We warrant purchased hardware against defects in materials and workmanship for twelve (12) months from delivery. The warranty does not cover damage caused by accident, misuse, improper installation, liquids, unauthorized modification or use outside published specifications. Your sole remedy under this warranty is repair or replacement of the device.
Install the device as described in the user manual. Do not open, modify or reverse engineer the device or its firmware. Only devices supplied or approved by Mary Consulting may be used with the Service.
6. Compliance responsibilities
The Service is a tool that helps you comply with the hours-of-service rules; it does not make you compliant on its own. The Carrier and each driver remain solely responsible for:
- accurate duty status, including changing status when the automatic record does not reflect the driver's actual activity;
- reviewing, annotating and certifying records of duty status each day;
- reviewing and resolving unassigned driving time and edit requests within the time required by regulation;
- keeping the required documents in the vehicle: the Mary Consulting ELD user manual, the DOT Instruction card describing data transfer and malfunction procedures, and a supply of blank paper records sufficient for at least eight days;
- following the malfunction procedures in the manual, including switching to paper logs and notifying the Carrier within 24 hours of an ELD malfunction;
- retaining records for the periods required by 49 CFR § 395.8(k) and any other applicable rule; and
- the accuracy of any information entered into the Service, including vehicle, driver and Carrier details.
We may update the Service to reflect changes in FMCSA regulations or technical specifications. You agree to install app updates and device firmware updates when they are made available.
7. Acceptable use
You agree not to, and not to allow anyone else to: (a) use the Service to falsify records of duty status or otherwise violate any law; (b) interfere with the automatic recording of driving time, tamper with the device or its connection to the vehicle, or attempt to disable, bypass or spoof GPS or engine data; (c) access the Service through automated means, scrape data or probe for vulnerabilities; (d) copy, modify, decompile or create derivative works of any software in the Service; (e) resell, sublicense or otherwise make the Service available to third parties except to your own drivers and staff; or (f) upload content that is unlawful, infringing or harmful.
8. Data and records
As between you and Mary Consulting, the Carrier owns the HOS records, DVIRs, location history and other operational data generated through its use of the Service (“Carrier Data”). You grant us a non-exclusive licence to host, process, transmit, display and back up Carrier Data as needed to provide, support and improve the Service, to comply with law and to transfer records to FMCSA or law enforcement when a driver initiates a transfer or when we are legally required to do so.
We keep Carrier Data available in the web portal for at least six (6) months from the date of the record, and longer where your plan provides for it. When a subscription ends you may export your data for a period of thirty (30) days; after that we may delete it in accordance with our retention practices. It is your responsibility to download and retain any records you are required to keep beyond that period.
Our collection and use of personal information is described in our Privacy Policy, which forms part of these Terms.
9. Intellectual property
The Service, including the mobile application, web portal, device firmware, documentation, designs, trademarks and logos, is owned by Mary Consulting and its licensors and is protected by copyright, trademark and other laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own commercial trucking operations during your subscription. No other rights are granted. Feedback you send us may be used without obligation to you.
10. Third-party services
The mobile application is distributed through the Apple App Store and Google Play and is also subject to their terms. The Service relies on third-party providers for cloud hosting, maps, mobile networks and payment processing. We are not responsible for the availability or conduct of third-party services, and your use of them is governed by their own terms.
11. Availability and changes to the Service
We work to keep the Service available around the clock but cannot guarantee uninterrupted operation. Connectivity depends on cellular and Bluetooth coverage outside our control; the ELD stores records locally when there is no connection and uploads them when service returns. We may perform scheduled maintenance and will try to give advance notice of maintenance likely to affect the web portal. We may add, change or remove features of the Service, provided that we do not materially reduce its core ELD functionality during a paid subscription period.
12. Disclaimers
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, THAT DATA WILL NEVER BE LOST OR THAT USE OF THE SERVICE WILL RESULT IN COMPLIANCE WITH ANY LAW OR PREVENT ANY CITATION, FINE OR OUT-OF-SERVICE ORDER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MARY CONSULTING ELD AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA OR GOODWILL, OR FOR FINES, PENALTIES OR OUT-OF-SERVICE ORDERS, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE DURING THAT PERIOD. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW.
14. Indemnification
You will defend, indemnify and hold harmless Mary Consulting, its affiliates and their officers, employees and agents from any claim, loss, liability or expense (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms or applicable law, the operation of your vehicles, or the accuracy of information you or your drivers enter into the Service.
15. Term and termination
These Terms apply for as long as you use the Service. Subscriptions renew automatically for successive periods of the same length unless either party gives notice of non-renewal before the end of the current period. We may suspend or terminate your access immediately if you materially breach these Terms, fail to pay, or use the Service in a way that creates legal exposure for us. On termination your licence ends, rented hardware must be returned, and Sections 8, 9, 12, 13, 14, 16 and any other provisions that by their nature should survive will survive.
16. Governing law and disputes
These Terms are governed by the laws of the State of Arizona and applicable federal law of the United States, without regard to conflict-of-law rules. Before filing any claim, you agree to contact us at info@maryconsultingeld.com and to spend at least thirty (30) days trying to resolve the dispute informally. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Arizona, and you consent to their jurisdiction. Each party waives any right to a jury trial to the extent permitted by law.
17. Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms on this page with a new effective date and, for material changes, notify Carriers by email or through the web portal at least thirty (30) days before they take effect. Continued use of the Service after the effective date means you accept the updated Terms.
18. Contact
Mary Consulting ELD
2375 East Arizona Biltmore Circle, Phoenix, AZ 85016
Phone: (602) 634-8915
Email: info@maryconsultingeld.com