These Terms of Service (“Terms”) govern access to and use of Blacktop, including the website at https://blacktoplane.com, the dispatch console (Blacktop Lane) and the driver app (Blacktop Driver) (together, the “Service”). The Service is provided by MDAT INC, 3535 30th Ave, Kenosha, WI 53144 (“we”, “us”). By using the Service you agree to these Terms. If you use the Service for a company, you confirm you may bind that company (the “Customer”) to these Terms.
1. The Service
Blacktop is software for motor carriers to receive load postings, send bids, assign and track loads, onboard drivers and vehicles, and keep load accounting. It is a software tool only. We are not a broker, carrier, freight forwarder or factoring company, and we are not a party to any agreement between a Customer and a broker, shipper, driver, owner-operator or factor.
2. Accounts and access
- Access is by invitation. A Customer’s administrator decides who in the company has access and with which role.
- Keep sign-in credentials and SMS codes confidential. You are responsible for activity under your account.
- Tell us right away at support@blacktoplane.com if you believe your account was used without permission.
- You must be at least 18 years old to use the Service.
3. Customer data
The Customer owns the data it and its users put into the Service, including loads, bids, documents and driver and vehicle records (“Customer Data”). The Customer gives us permission to host, process and display Customer Data only to provide and support the Service. The Customer is responsible for having the right to upload Customer Data, including drivers’ and applicants’ personal information and documents, and for giving any notices and getting any consents the law requires. Our handling of personal information is described in the Privacy Policy.
4. Third-party services
The Service works with services we do not control, such as load boards that send load emails, Gmail, ELD providers, SMS carriers and factoring companies. Your use of them is governed by their own terms. When you connect Gmail, you authorize the Service to send bids from your account and to read related messages as described in the Privacy Policy. We are not responsible for the availability or accuracy of third-party services or of load information received from them.
5. Acceptable use
You agree not to:
- use the Service for anything unlawful, deceptive or in violation of others’ rights;
- send spam or unsolicited bulk email through a connected mailbox;
- access another Customer’s data, or test, probe or bypass the Service’s security;
- copy, resell, reverse engineer or build a competing product from the Service;
- overload the Service with automated requests or interfere with its operation;
- upload malware or content you have no right to share.
6. Drivers and SMS
Drivers sign in with one-time codes sent by SMS to the mobile number the Customer entered for them. By requesting a code, the driver agrees to receive it. Message and data rates may apply. Reply STOP to opt out or HELP for help. Location from the driver app is shared with the Customer only while the driver is on duty or on a load. The Customer is responsible for its relationship with its drivers and for following the laws that apply to it, including hours-of-service and driver-safety rules. Drivers must not use the app in a way that distracts them from driving safely.
7. Fees
Fees, trial periods and billing terms are agreed with each Customer separately. Unless agreed otherwise, fees are billed monthly in advance, are non-refundable and do not include taxes. We may suspend access for unpaid amounts after notice.
8. Our rights
We own the Service, its software and its design, and our names and logos. These Terms give you a limited, non-exclusive, non-transferable right to use the Service during your subscription. Feedback you give us may be used to improve the Service without obligation to you.
9. Availability and changes
We work to keep the Service available and secure, but it may sometimes be interrupted for maintenance, failures of third-party services or reasons outside our control. We may change or improve features over time and will give reasonable notice of changes that materially reduce the Service.
10. Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not guarantee that load postings, rates, distances, locations, broker replies or other information shown in the Service are complete or accurate. Business decisions, bids and dispatch decisions are the Customer’s.
11. Limitation of liability
TO THE EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, LOADS OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT THE CUSTOMER PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM.
12. Indemnity
The Customer will defend and indemnify us against third-party claims arising from Customer Data, the Customer’s use of the Service in violation of these Terms or the law, or disputes between the Customer and its brokers, shippers, drivers, owner-operators or factors.
13. Term and termination
These Terms apply while you use the Service. The Customer may stop using the Service at any time. We may suspend or end access for a material breach of these Terms, non-payment or to protect the Service or other Customers. After termination, the Customer may request an export of its Customer Data within 30 days; after that we delete it as described in the Privacy Policy.
14. Governing law
These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict-of-law rules. Disputes will be resolved in the state or federal courts located in Wisconsin.
15. Changes to these Terms
We may update these Terms. We will post the new version here with a new date and notify Customers of material changes before they take effect. Continued use after that means you accept the updated Terms.
16. Contact
support@blacktoplane.com. Operator: MDAT INC, 3535 30th Ave, Kenosha, WI 53144.