Terms of Service

What the service does

DwellWatch reads telemetry from the ELD account you connect, detects when one of your vehicles was held at a customer facility past the free time you configure, and assembles an evidence packet supporting a detention claim. You review each claim and decide whether to send it.

What the service does not do

The following limitations apply to the service and form part of this agreement.

• We do not guarantee that any broker or customer pays you. Whether a claim is honoured depends on your contract with them, their willingness, and the commercial relationship — none of which we control or are party to.
• We do not collect debts on your behalf. Invoices go out under your own billing identity, to recipients you choose, and your customers pay you, directly. We never hold or handle your money.
• Figures we show you are estimates of what we observed, derived from position data. A retroactive audit measures detention that occurred; it is not a representation that the amount is collectable. A payable claim generally requires that the customer was notified at the time, which a retroactive audit by its nature cannot satisfy.
• We do not provide legal, accounting or financial advice. What your contracts entitle you to bill is a question for your own advisors.
• We do not write to your ELD account. Every operation we issue is a read. Nothing we do alters a record you may later need for a compliance audit.

Your account

You are responsible for the accounts under your carrier: who you invite, what role you give them, and keeping credentials secure. Roles are enforced on our servers, but which people hold them is your decision. Tell us at [email protected] if you believe an account has been compromised.

Connecting your ELD

By connecting an ELD account you confirm you are entitled to grant that access and to have the resulting telemetry processed as described in the Privacy Policy. We use those credentials for one purpose — reading your own fleet's data — and you can disconnect at any time, which stops all further access immediately.

Your relationship with your ELD provider is your own. If they change their API, suspend your account or cut off access, the service degrades accordingly and that is outside our control.

Every claim you send is yours

Nothing is transmitted to a customer of yours automatically. A person at your carrier reviews and approves each claim, and we record the identity of the approver and the time of approval.

Detention is inferred from a vehicle's position and the duration of its stay. We hold no load data and cannot distinguish a vehicle waiting to unload from one parked by arrangement. Your review is what converts an observation into a claim, and the claim and responsibility for it are accordingly yours.

You are responsible for the accuracy of what you configure: the facilities you mark as customer sites, the free time and rates you enter, and the billing contacts you supply. You confirm those reflect your actual agreements, and that you are entitled to use the business contact details you enter.

You agree to indemnify us against claims brought by a third party arising from an invoice or notice you approved and sent — that being a communication from your business to your customer.

Fees

How pricing works

A flat monthly rate per enrolled truck, subject to a monthly minimum. Current figures are on our pricing section and are shown to you before you subscribe. All prices and charges are in US dollars, wherever you are based.

Logins are free. You are billed for trucks you enrol in monitoring, never for seats, so adding a dispatcher costs nothing.

Trial, billing and cancellation

A retroactive audit is free and takes no card. Live monitoring starts with a 14-day free trial, which does require a card on file; you can cancel during it and nothing is charged.

After the trial, fees are charged monthly in advance through our payment processor.

Changing how many trucks you watch changes your bill straight away, not at the next renewal. Enrol a truck mid-month and you are charged for the remainder of that month in proportion to the days left; stop watching one and the unused part comes back as credit against your next invoice rather than as a refund. Your recurring charge from the following month reflects the new count either way.

During the free trial there is no period to pro-rate against, so changing your truck count costs nothing at the time you change it. Your first invoice bills whatever you are watching when the trial ends.

You may cancel at any time, effective at the end of the period for which you have paid. On cancellation the remainder of that period is not pro-rated and fees already paid are not refundable — except where required by law, or where we have billed you in error, in which case write to [email protected] and we will correct it.

Prices are exclusive of any applicable taxes. If we change our prices we will give account holders at least 30 days' notice by email, and the change takes effect at your next renewal.

Acceptable use

Do not use DwellWatch to bill for detention that did not occur, to send claims to people who have asked you to stop, to monitor vehicles you have no right to monitor, or to attempt to reach another carrier's data. Do not attempt to disrupt the service or to access it other than through the interfaces we provide.

Testing the security of the service in good faith is welcome — see our security page for how to report what you find.

Who owns what

Your data stays yours. Your telemetry, facilities, claims and evidence packets belong to you. You grant us the permission needed to host and process them in order to run the service for you, and nothing more — we do not acquire a right to use your data for our own products, and the limits on that are in the Privacy Policy.

The software, the interface, the evidence packet design and theDwellWatch name are ours, and this agreement does not transfer them.

Availability and warranties

We do not warrant uninterrupted availability, nor that every qualifying dwell will be detected. Detection depends on data supplied by a third-party ELD provider, on GPS accuracy, and on the facility boundaries you confirm.

The service is provided as is and as available, without warranties of any kind except those that cannot be excluded by law.

Limitation of liability

Neither party is liable to the other for indirect, incidental or consequential loss, or for lost profits, lost revenue or lost business opportunity — including detention revenue you did not recover, whether because a dwell was missed, a claim was not sent, or a customer refused to pay.

Our total liability arising out of this agreement is limited to the fees you paid us in the twelve months before the event giving rise to the claim.

Nothing here limits liability that cannot be limited by law, including for fraud or for death or personal injury caused by negligence.

Ending the agreement

You may close your account at any time. We may suspend or terminate an account that breaches these terms, and will state the reason and allow an opportunity to remedy it unless doing so would be unlawful or would create a risk to others.

When the agreement ends we stop collecting telemetry. What happens to data we already hold, and how to have it deleted, is covered in the Privacy Policy. If you are about to close an account and want a copy of the evidence behind claims you have sent, ask us at [email protected] before you do — that evidence is what makes a claim defensible later.

Changes to these terms

If we change these terms in a way that materially affects your rights or what you pay, we will tell account holders by email at least 30 days beforehand rather than quietly updating the date at the top. Continuing to use the service after that takes effect means accepting the change; if you would rather not, cancel before it does.

Governing law

This agreement is governed by the laws of the Province of Alberta and the federal laws of Canada that apply there. The courts of Alberta have exclusive jurisdiction over any dispute, and both parties submit to them.

If any provision is found unenforceable, the rest stands. Our not enforcing something immediately does not waive it.

Contacting us

Notices under this agreement, and any question about it, go to [email protected]. Privacy requests go to [email protected] so they reach the right place directly.