BorderHOS terms of use

In short

• BorderHOS is a planning aid. It checks a driver's hours against Canadian and US rules and gives a result of GO, NO-GO or GO WITH CONDITIONS. It does not replace your ELD, the driver's judgment, or the regulations.
• Results depend on the hours entered or received. You and your driver stay responsible for following the rules.
• One free check per email address. No card needed.
• Paid plans are priced by truck count and renew automatically. Cancel any time from the customer portal, effective at the end of the paid period.
• You own your data. We use it only to run the service.
• Our liability is capped at what you paid us in the past 12 months, or US$100 if you paid nothing.
• Ontario law applies and disputes go to the courts of Ontario.
• Contact us through the form at borderhos.com/contact.

1. Who we are and what these terms cover

BorderHOS is run by CVORReady Inc., 1 Brock St. West, Uxbridge, ON L9P 1P6, Canada. "We", "us" and "our" mean CVORReady Inc. "You" means the business using BorderHOS and the person using it on that business's behalf.

These terms cover borderhos.com, the free check, paid subscriptions, ELD connections and anything else we offer under the BorderHOS name (together, "the service"). Our privacy policy explains how we handle personal information and forms part of these terms.

2. Accepting these terms

You accept these terms when you click "I agree", request a sign-in link, start a subscription, or otherwise use the service. If you use the service for a company, you confirm that you have authority to bind that company, and the company is bound along with you.

3. Who may use BorderHOS

BorderHOS is a business tool for carriers, brokers, owner-operators and the people who dispatch and manage safety for them. You confirm that you are at least 18, that you use the service for business and not for personal, family or household purposes, and that the information you give us is accurate. You are responsible for what is done under your account and for who in your business has access. If the law where you live gives you consumer rights that these terms cannot change, those rights apply.

4. The free check

Each email address gets one free check, with the hours entered by hand and no card needed. Free results carry the same planning-aid statement as every other result.

The free check is for seeing how BorderHOS works. We may refuse or cancel free checks that we reasonably believe get around the one-per-email limit: one person or fleet using several addresses, disposable addresses, scripts or bots, or reselling free results. We may change or withdraw the free check at any time. Free-check records are deleted on the schedule in our privacy policy.

5. Subscriptions, billing and renewal

Plans. Paid plans are priced by the number of trucks you run, counted as power units (trucks, not trailers). Current plans, prices and currencies are on the pricing page at borderhos.com and confirmed at checkout. Choose the plan that matches your truck count.

If your fleet grows. Nothing changes in the middle of a billing period. If your truck count goes past the top of your plan, your account moves to the matching plan at your next renewal. We will tell you by email before that renewal. There is no mid-period charge.

Automatic renewal. Subscriptions are billed monthly or annually through Stripe, as you choose at checkout. Your subscription renews automatically at the end of each period, for the same period, at the price then shown on the pricing page, until you cancel. Before you enter payment details, the checkout shows the price, the billing period, that the plan renews, and how to cancel.

Price changes. If a price change affects you, we will email you at least 30 days before it takes effect, and it will apply from your next renewal after that notice. If you do not want the new price, cancel before that renewal.

Taxes and currency. Prices exclude taxes. We add GST or HST for Canadian customers and any US sales tax or other tax we must collect, based on the billing address and tax status you give us, so keep those accurate. Other taxes on your purchase, apart from taxes on our income, are yours. Canadian customers are billed in Canadian dollars and US customers in US dollars, as shown at checkout.

Failed payments. If a payment fails, Stripe retries it and emails you. If it is still unpaid a reasonable time after we notify you, we may suspend or end your subscription.

6. Cancellation and refunds

You can cancel at any time through the customer portal linked from your account and your billing emails; you do not have to call or write to us. Cancellation takes effect at the end of the paid period, and you keep access until then. We do not refund partial periods, except where the law requires it or where we end your subscription for a reason other than your breach of these terms.

7. What BorderHOS is and is not

A planning aid. BorderHOS compares a set of hours against the limits in the Canadian rules (the Commercial Vehicle Drivers Hours of Service Regulations, SOR/2005-313) and the US rules (49 CFR Part 395) and gives a result of GO, NO-GO or GO WITH CONDITIONS, with the earliest legal crossing time where one can be calculated. GO means that no limit under either rule set is exceeded by the hours used. GO WITH CONDITIONS means the result depends on the conditions shown with it.

Not a record, not a ruling. Your ELD is the record of duty status. BorderHOS does not record, certify, edit or transmit hours of service, is not an ELD, and does not replace the ELD or the driver's judgment. A result is not a decision by any government, inspector, auditor or court, and we do not promise that any officer or regulator will agree with it.

Results depend on the inputs. We do not verify the hours you enter or the data your ELD provider sends. ELD data is used as received and may lag behind what the driver has actually done.

You stay responsible. The carrier, the dispatcher and the driver remain responsible for following the Canadian rules, the US rules and every other law that applies to the run.

No advice. BorderHOS does not give legal, regulatory, safety or operational advice. If you need advice about your obligations, ask a qualified professional.

Rule values. The limits BorderHOS uses are checked against the regulations, dated, and listed at borderhos.com/changelog. Regulations change, and there can be a gap between a change and our update.

8. Your data

The hours, driver details, trip details and other information you enter or connect ("your data") belong to you. We claim no ownership in it. You give us permission to store and process your data, while you use the service, only to run checks, show you your results, support your account, keep the service secure, meet our legal obligations, and produce aggregate statistics that identify no customer or driver. We will not sell your data or use it for advertising.

You confirm that you have the right to give us your data and that you have told the people it is about, including your drivers, what you use BorderHOS for. Personal information is handled, and deleted when your account closes, as described in our privacy policy.

9. Connecting an ELD

If you connect an ELD account (such as Geotab, Samsara, Motive or Isaac), the following also applies.

• Your authorization. You confirm that your ELD provider's terms let you connect a third-party service, that you are authorized to let us read the driver records involved, and that you have told your drivers.
• Read-only. BorderHOS reads hours data. It does not write to your ELD, edit records or transmit anything to a safety official, and a connection to BorderHOS is not an ELD data transfer under the US or Canadian ELD rules.
• Not your system of record. BorderHOS does not satisfy your duty to keep records of duty status and backups. Keep doing that in your ELD.
• No driver monitoring. We use ELD data only to run checks for you, never to track, rank, contact or monitor drivers, and never in a way that supports harassment of drivers.
• As received. We do not control or verify your ELD provider's data and are not responsible for it. If the connection fails, you can still enter hours by hand.
• Credentials. Your ELD credentials are encrypted while stored and deleted when you disconnect, which you can do at any time.

10. Acceptable use

You agree not to: use the service to break any law or to harm drivers, other customers or us; use scripts, bots, scrapers or bulk methods to request sign-in links, submit checks or copy results without our written agreement; get around usage limits, the one-free-check rule or any security measure; share one account across more than one business, or resell the service; copy, reverse engineer or build a competing product from the service, the rule engine or the certified values; introduce malware or interfere with the service; or misrepresent who you are or whose data you are entering. We may suspend or end access for anyone who breaks these rules.

11. Our rights in the service

We own the service, including the software, the rule engine, the certified values registry, the content of borderhos.com and the format of results. You get a limited, non-exclusive, non-transferable right to use the service for your business while these terms apply, including saving and sharing your own results. If you send us feedback, we may use it without owing you anything.

12. Availability and changes to the service

We work to keep BorderHOS available, but we do not promise any level of uptime and do not offer a service-level agreement. We may take the service down for maintenance and may change or remove features. If a change materially reduces what your paid plan does, we will tell you by email and you may cancel.

13. Disclaimer of warranties

THE SERVICE AND EVERY RESULT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR TIMELINESS. WE DO NOT WARRANT THAT ANY RESULT IS CORRECT FOR YOUR RUN, THAT ANY INSPECTOR, AUDITOR OR REGULATOR WILL ACCEPT IT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

14. Limitation of liability

The cap. TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US$100 IF YOU PAID NOTHING IN THAT PERIOD.

What we are not liable for. TO THE FULLEST EXTENT THE LAW ALLOWS, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSS, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS OR DATA. THIS INCLUDES FINES, PENALTIES, OUT-OF-SERVICE ORDERS, DETENTION, DELAYS, LOST OR LATE LOADS, TOWING OR LAYOVER COSTS, AND THE OUTCOME OF ANY INSPECTION, AUDIT, SAFETY RATING, CVOR OR CSA REVIEW, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

What this section does not limit. Nothing in these terms limits or excludes liability for fraud or dishonest performance, gross negligence, wilful misconduct, or anything else the law does not let us limit or exclude.

Mutual. The same cap and exclusions apply to your liability to us, except for the fees you owe and your obligations under sections 10 and 15.

15. Your responsibility for claims

If a third party makes a claim against us because of your data, your ELD connection, your use of the service in breach of these terms, or your breach of the law, you will cover our reasonable costs and losses from that claim, including reasonable legal fees. We will tell you about the claim promptly and cooperate with you in handling it.

16. Suspension and termination

You can cancel a subscription as described in section 6 and ask us to close your account through the contact form. We may suspend or end your access if you break these terms, do not pay, or if the law requires it; where reasonable, we will tell you first and give you a chance to fix the problem. We may also end the service on at least 30 days' notice, with a refund of any unused prepaid period. When your access ends, we delete your data on the schedule in the privacy policy. Sections 7, 8, 11, 13, 14, 15, 18 and 20 continue to apply.

17. Changes to these terms

If we make a material change to these terms, we will tell you by email or by a notice on the site at least 30 days before it takes effect. Each version carries its effective date. If you keep using the service after a change takes effect, you accept the new terms; if you do not agree, cancel before then.

18. Governing law and disputes

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. The courts of Ontario, Canada, have exclusive jurisdiction over any dispute arising out of or relating to these terms or the service, and you accept their jurisdiction even if you are outside Canada. Small claims may be brought in the Ontario Small Claims Court. There is no arbitration requirement. Before starting any proceeding, raise the problem with us through the contact form and give us 30 days to respond.

19. Notices and contact

We send notices to the email address you signed in with or, if you subscribe, to your billing email. Keep it current; a notice counts as received the day we send it. You send notices to us through the contact form at borderhos.com/contact. Anything that must be on paper can be mailed to CVORReady Inc., 1 Brock St. West, Uxbridge, ON L9P 1P6, Canada.

20. General terms

• Entire agreement. These terms, the privacy policy and the plan details confirmed at checkout are the whole agreement between you and us about the service.
• Assignment. You may not transfer these terms or your account without our written consent. We may transfer them to a successor to our business, with notice to you.
• Severability and waiver. If any part of these terms is unenforceable, the rest still applies. If we do not enforce a term right away, we can still enforce it later.
• Events beyond our control. Neither of us is liable for failures caused by events outside our reasonable control, except payment obligations.
• Third parties. These terms give rights to no one else, including drivers or ELD providers.
• Language. These terms are written in English. If we publish a translation, the English version governs.