Terms of Service

Last updated: April 24, 2021

From everyone at TollSpot, thank you for using our products! We are a small startup and like to keep things simple.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to TollSpot.

When we say “Services”, we mean any product created and maintained by TollSpot. That includes TollSpot (all versions), whether delivered within a web browser, desktop application, mobile application, or another format.

When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services.

Payment, Refunds, and Plan Changes

1. For Services that offer a free trial, we explain the length of trial when you sign up and we do not ask you for your credit card or payment information. After the trial period, you need to enter payment details to keep using the Service.
2. We will charge for service on the 1st of each month for the prior month. If you upgrade or downgrade a plan, the new rate will take effect on the day of upgrade. If the upgrade was done mid month, we will charge you the prior rate until the day of upgrade and new rate starting the day of upgrade.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
4. We typically don’t offer refunds but if you’re ever unhappy with our products for any reason, we’ll take care of you.

   • Examples of full refunds we’d grant.

     • If you were just charged for your next month of service but you meant to cancel, we’re happy to refund that extra charge.
     • If you forgot to cancel your account a couple months ago and you haven’t used it since then, we’ll give you a full refund for a few back months. No problem.
     • If you tried one of our products for a couple months and you just weren’t happy with it, you can have your money back.

   • Examples of partial refunds or credits we’d grant.

     • If you forgot to cancel your account a year ago, and there’s been activity on your account since then, we’ll review your account usage and figure out a partial refund based on how many months you used it.
     • If you upgraded your account a few months ago to a higher plan and kept using it in general but you didn’t end up using the extra features, we’d consider applying a prorated credit towards future months.
     • If we had extended downtime (multiple hours in a day, or multiple days in a month) or you emailed customer service and it took multiple days to get back to you, we’d issue a partial credit to your account.

   • Get in touch

     At the end of the day, nearly everything on the edges comes down to a case-by-case basis. Send us a note, tell us what’s up, and we’ll work with you to make sure you’re happy.

Cancellation and Termination

1. You can cancel your account at any time, we will charge you for the service used until the date of cancellation.
2. All of your content will be inaccessible from the Services immediately upon cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is cancelled, please send us an email at support@tollspot.com

Modifications to the Service and Prices

Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 90 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

1. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services — but do take uptime of our applications seriously.
2. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
3. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that TollSpot may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
   • To help you with support requests you make.
   • On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
   • To safeguard TollSpot. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts.
   • To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act. If a non-US authority approaches Tollspot for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If TollSpot is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
   • To keep the service running. If you’ve authorized us to collect third party data on your behalf, our agents may pull your data and load it into our system to save you time.
   • To improve our services. Sometime we may need to look at your data to add new functionality or improve our software process.
4. Under the California Consumer Privacy Act (“CCPA”), TollSpot is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service, Privacy policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use TollSpot’s Services in a way that violates the regulations.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Third Party Services

Our Service relies on data provided by third party services (Toll Authority, your Vehicle Reservation System, Credit Card Processors, Telematics providers, etc). You may direct us to retrieve your information maintained by these third party services on your behalf. TollSpot cannot review the Account Information for accuracy, legality or non-infringment. TollSpot is not responsile for the Account Information or products and services offered by or on third-party sites.

By submitting third party usernames, passwords and other login information, you are licensing that content to TollSpot for the purpose of providing you the Service. TollSpot may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to TollSpot for use of this purpose, without any obligation by Tollspot to pay any fees or be subject to any restrictions or limitations. By using the Service, you expressly authorize Tollspot to access your Account Information maintained by the identified third partyies, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us.

For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant Tollspot as your agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person.

YOU ACKNOWLEDGE AND AGREE THAT WHEN TOLLSPOT IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, TOLLSPOT IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. TollSpot is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.

Tollspot will not be responsible for loss of profits, goodwill, or other intangible losses from delayed or incorrect data from third party services.

Your responsibilities

You are responsible to inform your customers the use of this Service. You are responsible to let your customer know TollSpot will charge their payment on file for toll charges and other incidentals at a future date. When payment details are not on file, you are responsible to let your customer know they may receive a link to pay for the charges via email or text.

You are also responsible to let your customer know TollSpot will send them a receipt by email or text after a successful charge, and text or data rates may apply to their phone service.

Our system depends on having accurate data and you are also responsible to keep your fleet information uptodate along with proper reservation data. Inaccurate data may lead to wrong charges to your customer.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent. If you choose to use our Services, thank you for betting on us.

If you have a question about any of the Terms of Service, please contact our Support team.

Adapted from the Basecamp open-source policies / CC BY 4.0