Terms of Service

Please read these terms carefully before using Motion TSS

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:

2.2 Eligibility Requirements

2.3 Account Responsibility

You are responsible for:

3. Service Description

3.1 Core Features

Motion TSS provides:

3.2 Service Availability

We strive to maintain continuous service availability but cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to:

4. User Responsibilities

4.1 All Users Must:

4.2 Transportation Companies Must:

4.3 Drivers Must:

4.4 Parents/Guardians Must:

5. Prohibited Conduct

The following activities are strictly prohibited:

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:

6.2 Location Data Usage

Location data is used exclusively for:

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:

8. Payment Terms

8.1 Subscription Services

Transportation companies may subscribe to Motion TSS on a paid basis. Payment terms are:

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:

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:

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:

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:

11.3 Effect of Termination

Upon termination:

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:

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:

Motion TSS - Legal Team

Motion Transport LLC

Email: legal@motiontss.com

Website: https://motiontss.com