Terms of Service

You must be at least 18 years old and able to form a binding contract. You may not use the Services if you are located in a country subject to a U.S. government embargo or are on any U.S. government list of prohibited or restricted parties.

You must give us accurate, complete and current information and keep it up to date. You are responsible for safeguarding your login credentials and for all activity under your account and your organization's accounts, including activity by users you invite, and for making sure they follow these Terms. Notify us immediately at support@dolooma.com if you suspect unauthorized use. You may not use a name or trademark you do not have the right to use.

Dolooma provides software and online tools. Dolooma is not a towing company, roadside assistance provider, motor carrier, broker, employer, staffing agency, insurer, or training or licensing authority. We do not perform, supervise or control any towing, roadside, repair, transport or other services you provide or receive, and we do not employ or control any user. You are solely responsible for your own decisions and for the services you perform, arrange or receive, whether or not you used the Services to do so.

You are responsible for:

• complying with all laws, regulations, licenses, permits and industry rules that apply to you, including motor carrier, DOT/FMCSA, OSHA, towing, consumer protection, employment, background check (including the Fair Credit Reporting Act), privacy and tax laws;
• maintaining insurance appropriate to your business and activities;
• the accuracy of the information, pricing, documents and other content you enter into the Services; and
• keeping your own copies of records you need. Although we back up data, we do not guarantee that data will never be lost or corrupted.

If you use Dolooma Provider (including dispatch, jobs, fleet, payroll, billing, invoicing, programs and integrations):

• Your operations are your own. You alone decide which jobs to accept, how to dispatch, price and perform them, and how to deal with your customers, drivers and partners. You are responsible for the safety, legality and quality of the work you and your personnel perform.
• No uptime guarantee. The Services depend on the internet and on third parties we do not control, including cloud hosting, authentication, mapping, telematics, messaging and payment providers. The Services may be unavailable, delayed or inaccurate from time to time, including because of outages, maintenance, failures of third-party services, or events outside our reasonable control. You must keep a backup way to receive, dispatch and complete work. We are not liable for missed, delayed or lost jobs, revenue, customers or program participation resulting from any unavailability or error.
• Calculations and outputs. Payroll, pricing, tax, mileage, ETA, routing and similar outputs are tools to assist you. You are responsible for reviewing them before relying on them.
• Programs. If you join a program offered by Dolooma or by a third-party operator, additional program terms may apply. If those terms conflict with these Terms for that program, the program terms control.
• Payments. Payment processing is provided by third-party processors under their own terms. We are not a bank or money transmitter, and we are not responsible for a processor's acts, holds, reversals or chargebacks.

If you use Dolooma Academy (including courses, videos, quizzes, guides and certificates):

• Educational only. Academy content is general educational information. It is not a substitute for hands-on training, qualified supervision, manufacturer or equipment procedures, your employer's policies, or applicable laws and safety standards. Vehicles, equipment and conditions vary, and content may not cover your situation or may become out of date.
• You apply it at your own risk. Towing, recovery, roadside and vehicle work are inherently dangerous and can result in property damage, serious injury or death. You are solely responsible for deciding whether and how to apply any content, for using proper equipment and safety practices, and for any damage, injury or loss that results. Dolooma is not responsible for any damage to vehicles, equipment or property, or any injury, arising from your use of or reliance on Academy content.
• Certificates. Course completion certificates show only that you completed a course on our platform. They are not a license, government certification or guarantee of competence, unless we expressly say otherwise in writing.

If you use Dolooma WorkNet (including job postings, profiles, applications and messaging):

• WorkNet is a marketplace. It lets businesses and workers find each other. Dolooma is not a party to any employment, contractor or other relationship formed between users, and is not an employer, joint employer, staffing agency or recruiter.
• No vetting or guarantees. Unless we expressly state otherwise for a specific item, we do not verify the identity, background, driving record, licenses, qualifications, experience, insurance or work history of any user, or the accuracy of any posting or profile. Any badge or indicator means only what we describe it to mean.
• Hiring businesses are responsible for their hires. If you hire or engage anyone through WorkNet, you are solely responsible for your own screening — including background checks, motor vehicle record checks, license and drug testing where applicable, done in compliance with law — and for your hiring decision, supervision, and the conduct of the person you hire. Dolooma is not responsible or liable for the acts, omissions or conduct of any user, on or off the Services.
• Workers are responsible for their own decisions about which opportunities to pursue and for verifying any business they deal with.

You may not: (a) break the law or violate anyone's rights; (b) post content that is false, misleading, defamatory, discriminatory, harassing, obscene or otherwise objectionable; (c) impersonate anyone or misrepresent your affiliation; (d) upload malware or interfere with the Services; (e) access the Services by automated means, scrape them, or attempt to access other users' accounts or data; (f) reverse engineer, copy or resell the Services except as allowed by law; or (g) use the Services to send spam or unauthorized messages.

You keep ownership of the content and data you submit ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, display and transmit Your Content as needed to provide, secure and improve the Services, and as described in our Privacy Policy. You represent that you have the rights needed to grant this license and that Your Content does not violate any law or anyone's rights. We may use aggregated or de-identified data that does not identify you or any individual.

If you give us feedback or suggestions, we may use them without restriction or obligation to you.

You agree that we may send you service-related emails, text messages and notifications about your account and activity. If you choose to receive text messages, message and data rates may apply and you can opt out by replying STOP. You are responsible for having the consent required by law before you use the Services to send messages to your own customers or workers.

Some Services require payment. Prices and plan details are shown at sign-up or in your account. Paid subscriptions renew automatically for the same term at the then-current price until you cancel, and you authorize us and our payment processor to charge your payment method on file for each renewal. You may cancel at any time in your account settings or by contacting support@dolooma.com; cancellation takes effect at the end of the current billing period. Except where required by law, fees are non-refundable. You are responsible for applicable taxes. We may change prices with at least 30 days' notice before your next renewal.

The Services may connect to or include third-party services (for example payment processors, telematics, payroll, accounting and mapping providers). Those services are governed by their own terms, and we are not responsible for them, their availability or their content.

THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. We make no warranty about any user, any services performed or obtained through the Services, or the results of using any content. Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.

To the maximum extent permitted by law:

• Dolooma and its affiliates, officers, employees, agents, licensors and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, jobs, customers, goodwill or data, or for business interruption, arising out of or relating to the Services or these Terms, even if advised of the possibility.
• We are not liable for any damages arising from: service outages or failures of third-party services; the conduct of any user or third party; any services performed or received by users; property damage or personal injury resulting from your use of or reliance on any content or the Services; or events beyond our reasonable control.
• Our total liability for all claims is limited to the amounts you paid us for the Services in the 12 months before the event giving rise to the claim, but never more than US $10,000 (or less than US $100).

Indemnity. You will defend, indemnify and hold harmless Dolooma and its affiliates, officers, employees and agents from any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) Your Content; (c) services you perform, arrange or receive, including any vehicle, property or personal injury; (d) your hiring, engagement or supervision of any person, or your conduct toward any user; or (e) your violation of these Terms or any law or third-party right.

Informal resolution. Before filing a claim, you agree to contact us at support@dolooma.com and try to resolve the dispute informally for at least 30 days.

Arbitration. Any dispute arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its applicable rules, except that either party may bring an individual claim in small claims court, or seek injunctive relief in court for misuse of intellectual property. The arbitration will take place in Oregon or by video conference.

Class action and jury waiver. You and Dolooma each waive the right to a jury trial and to participate in a class, collective or representative action. Claims may be brought only individually.

Opt-out. You may opt out of this Section 15 by emailing support@dolooma.com within 30 days after you first accept these Terms, with your name, account email and a clear statement that you opt out of arbitration.

These Terms are governed by the laws of the State of Oregon and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to Section 15, the state and federal courts located in Oregon have exclusive jurisdiction, and you consent to their jurisdiction.

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms, created risk or legal exposure for us or other users, or if we stop offering a Service. You may stop using the Services and close your account at any time. Sections 3, 4, 6–7 (as to responsibility and liability), 9 and 12–18 survive termination.

Changes. We may update these Terms. If a change is material, we will give reasonable notice (for example by email or in the Services) and may ask you to accept the updated Terms. Updated Terms take effect when you accept them or when you continue to use the Services after the effective date stated in the notice.

General. These Terms, together with our Privacy Policy and any program or order terms you accept, are the entire agreement between you and Dolooma about the Services and replace any prior terms. If any provision is unenforceable, it will be enforced to the maximum extent possible and the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control.

Questions about these Terms: support@dolooma.com