Effective Date: November 28, 2024 | Last Updated: November 28, 2024
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Motion Transport LLC ("Company," "we," "our," or "us") regarding your use of the Motion TSS mobile application and web platform (collectively, the "Service").
By accessing or using Motion TSS, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
Motion TSS is a Transportation Safety System that facilitates communication and tracking between student transportation companies, their drivers, and parents/guardians of transported students.
2. User Types and Eligibility
2.1 Types of Users
Motion TSS serves three types of users:
- Transportation Companies (Administrators): Businesses that provide student transportation services and manage routes, drivers, and student assignments.
- Drivers: Individuals employed or contracted by transportation companies to operate vehicles and transport students.
- Parents/Guardians: Adults responsible for students who use the transportation services.
2.2 Eligibility Requirements
- You must be at least 18 years old to create an account
- Drivers must hold valid driver's licenses and meet all requirements set by their transportation company and applicable laws
- Parents/Guardians must have legal authority over the students they register
- You must provide accurate and complete registration information
2.3 Account Responsibility
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
3. Service Description
3.1 Core Features
Motion TSS provides:
- Route Management: Tools for transportation companies to create and manage student pickup/dropoff routes
- Trip Tracking: Real-time GPS tracking of vehicles during active trips
- Student Status Updates: Confirmation of student pickups and dropoffs
- Parent Notifications: Push notifications and real-time updates for parents
- Communication Tools: Messaging between authorized parties
3.2 Service Availability
We strive to maintain continuous service availability but cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to:
- Scheduled maintenance (we will attempt to provide advance notice)
- System updates and improvements
- Technical issues beyond our control
- Force majeure events
4. User Responsibilities
4.1 All Users Must:
- Provide accurate and current information
- Use the Service only for its intended purpose
- Comply with all applicable laws and regulations
- Respect the privacy and rights of other users
- Report any safety concerns or incidents promptly
4.2 Transportation Companies Must:
- Verify driver qualifications and credentials
- Maintain appropriate insurance coverage
- Ensure vehicles meet safety standards
- Obtain necessary parental consents for student information
- Comply with all transportation regulations
4.3 Drivers Must:
- Maintain valid driver's licenses and required certifications
- Enable location services during active trips
- Confirm student pickups and dropoffs accurately
- Follow safe driving practices at all times
- Not use the app while the vehicle is in motion (except for hands-free operations)
4.4 Parents/Guardians Must:
- Provide accurate student and address information
- Ensure students are ready for pickup at scheduled times
- Notify the transportation company of any changes to schedules or addresses
- Use the app responsibly and not harass or threaten drivers
5. Prohibited Conduct
The following activities are strictly prohibited:
- Using the Service for any illegal purpose
- Impersonating another person or entity
- Harassing, threatening, or intimidating other users
- Attempting to gain unauthorized access to the Service or other users' accounts
- Interfering with or disrupting the Service's functionality
- Transmitting malware, viruses, or harmful code
- Collecting user information without authorization
- Using automated systems to access the Service without permission
- Sharing account credentials with unauthorized parties
- Falsifying pickup/dropoff confirmations or trip data
- Using the Service while impaired by alcohol or drugs
6. Location Services and Tracking
6.1 Driver Location Tracking
The Motion TSS driver app collects real-time location data during active trips. By using the driver app, you consent to:
- Continuous location tracking while a trip is in progress
- Sharing your location with the transportation company and parents of students on your route
- Background location tracking to maintain service functionality
6.2 Location Data Usage
Location data is used exclusively for:
- Providing real-time trip tracking to parents
- Route optimization and efficiency analysis
- Safety monitoring and incident investigation
- Service improvement and troubleshooting
Note: Location tracking is only active during scheduled trips. We do not track drivers during personal time or when the app is not in active trip mode.
7. Intellectual Property
7.1 Our Property
The Service and its original content, features, and functionality are owned Motion Transport LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
7.2 Your Content
You retain ownership of any content you submit through the Service (such as profile information or communications). By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process that content as necessary to provide the Service.
7.3 Restrictions
You may not:
- Copy, modify, or distribute the Service or its content
- Reverse engineer or attempt to extract source code
- Remove any copyright or proprietary notices
- Use the Service's name or trademarks without permission
8. Payment Terms
8.1 Subscription Services
Transportation companies may subscribe to Motion TSS on a paid basis. Payment terms are:
- Subscription fees are billed in advance on a monthly or annual basis
- All fees are non-refundable unless otherwise specified
- We reserve the right to modify pricing with 30 days notice
8.2 Free Access for Parents and Drivers
The Motion TSS mobile app is provided free of charge to parents/guardians and drivers. Transportation companies bear the cost of the service.
9. Disclaimers and Limitations
9.1 Service Provided "As Is"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.2 No Guarantee of Safety
While Motion TSS is designed to enhance transportation safety and transparency, we do not guarantee:
- The safety of any transportation service
- The accuracy or timeliness of location data
- The qualifications or conduct of drivers
- The reliability of notifications
Transportation companies remain solely responsible for the safety and quality of their services.
9.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Motion Transport LLC SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Any loss of profits, data, or goodwill
- Any damages exceeding the amount paid by you (if any) for the Service in the 12 months preceding the claim
- Any personal injury or property damage arising from your use of the Service
10. Indemnification
You agree to defend, indemnify, and hold harmless Motion Transport LLC, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your content submitted to the Service
- Any transportation services you provide or receive
11. Termination
11.1 By You
You may terminate your account at any time by:
11.2 By Us
We may suspend or terminate your account immediately, without prior notice, if:
- You violate these Terms
- You engage in prohibited conduct
- We are required to do so by law
- Your actions pose a safety risk
11.3 Effect of Termination
Upon termination:
- Your right to use the Service ceases immediately
- We may delete your account data (subject to our data retention policies)
- Provisions that should survive termination will remain in effect
12. Dispute Resolution
12.1 Informal Resolution
Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us at legal@motiontss.com. We will attempt to resolve the dispute within 30 days.
12.2 Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
12.3 Arbitration Agreement
Any dispute that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
12.4 Class Action Waiver
You agree that any disputes will be resolved on an individual basis and not as part of any class, consolidated, or representative action.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes by:
- Posting the updated Terms on our website
- Updating the "Last Updated" date
- Sending a notification through the app for significant changes
Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Motion Transport LLC regarding the Service.
14.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.
14.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
14.4 Assignment
You may not assign your rights under these Terms without our consent. We may assign our rights to any affiliate or successor.
15. Contact Information
For questions about these Terms of Service, please contact us: