Terms of Service

These Terms of Service (“Terms”) form a legally binding agreement between you and HAK International LLC (“Company,” “we,” “us,” or “our”) governing your access to and use of the Tovo Hub mobile application and web platform (collectively, the “Service”).

By accessing, downloading, installing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

Important: Section “Dispute Resolution and Binding Arbitration” requires you to resolve disputes with us through individual arbitration and waives your right to participate in a class action. You may opt out of arbitration within 30 days of first accepting these Terms.

Tovo Hub is a B2B platform. The trucking company, owner-operator, or other fleet entity that contracts with us is the “Customer.” Individual drivers, dispatchers, accountants, and other personnel granted access by the Customer are “Authorized Users.”

The Customer is responsible for: (a) ensuring its Authorized Users comply with these Terms, (b) provisioning and de-provisioning access, (c) the accuracy of operational data its users enter, and (d) any disputes among its Authorized Users (for example, settlement disputes between a fleet and a driver). We are not a party to the employment, contracting, or pay relationship between a Customer and its Authorized Users.

You may not, and may not permit anyone else to:

• Violate any law, regulation, court order, or third-party right
• Upload or transmit viruses, malware, or other harmful code
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except as expressly permitted by law
• Use any robot, scraper, or other automated means to access the Service without our prior written consent
• Impersonate any person or entity or misrepresent your affiliation
• Collect, harvest, or scrape data from the Service or about other users
• Interfere with or circumvent security, rate-limiting, or authentication features
• Use the Service to falsify Hours of Service, mileage, fuel, settlement, or other records
• Resell, sublicense, or commercially exploit the Service without our prior written agreement

You retain ownership of the content you submit to the Service (Bills of Lading, Proofs of Delivery, fuel and expense receipts, maintenance invoices, photos, notes, and similar materials — “Your Content”).

You grant HAK International LLC a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, transmit, process, display, and create technical derivatives of Your Content solely as necessary to operate, maintain, secure, and improve the Service for you and your Customer. This license ends when you delete Your Content, except to the extent we are required to retain it for legal, regulatory, audit, backup, or compliance purposes (see the Privacy Policy for specific retention periods).

You represent and warrant that you have all rights necessary to grant this license, and that Your Content does not infringe any third party's rights or violate any law.

Access to the Service may be provided free of charge during a beta or trial period, or under a paid subscription purchased by the Customer. Pricing, billing cycle, and payment terms are set out in the order form or online checkout agreed to by the Customer.

Unless otherwise stated in the Customer's order:

• Subscriptions auto-renew at the end of each term until canceled
• Fees are billed in advance and are non-refundable except as required by law
• You authorize us (or our payment processor) to charge your designated payment method for all amounts due
• Late or unpaid amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs
• We may suspend the Service for non-payment after reasonable notice

Driver Authorized Users do not pay us to use the Service. Settlements and payments owed to drivers are made by the Customer (fleet/employer), not by HAK International LLC. Any pay dispute must be resolved between the driver and the Customer.

Important: Tovo Hub is a recordkeeping and workflow tool. Unless we expressly state in writing that a specific feature is a federally registered Electronic Logging Device (ELD), the Service is not a substitute for a certified ELD under 49 CFR Part 395.

Hours of Service, mileage, fuel, and similar records produced by the Service are aids to compliance. The Customer and each driver remain solely responsible for compliance with all U.S. Department of Transportation, FMCSA, IFTA, state, and local rules, including the obligation to use a registered ELD when required and to keep records in approved formats. We make no representation that the Service satisfies any specific regulatory requirement.

The Service, including all software, design, text, graphics, logos, and other content created by us, is owned by HAK International LLC or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual-property laws. Our trademarks, logos, and trade dress (including “Tovo Hub”) may not be used without our prior written consent.

No rights are granted to you by implication or estoppel. All rights not expressly granted in these Terms are reserved by us.

If you obtained the mobile app from the Apple App Store, the following additional terms apply between you and Apple Inc. (“Apple”):

• These Terms are between you and us only, not with Apple. We — not Apple — are solely responsible for the app and its content.
• Your license to use the app is limited to a non-transferable license to use the app on Apple-branded products that you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide any maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation.
• We — not Apple — are responsible for addressing any claims by you or any third party relating to the app, including product-liability and intellectual-property claims.
• You must comply with applicable third-party terms of agreement when using the app.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you.

If you obtained the app from Google Play, similar provisions apply with respect to Google LLC to the extent required by the Google Play Developer Distribution Agreement.

We respect the intellectual-property rights of others and respond to clear notices of alleged copyright infringement consistent with the U.S. Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

If you believe content on the Service infringes your copyright, send a written notice to our designated DMCA agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location on the Service in sufficient detail to permit us to find it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf.

Designated Agent: DMCA Agent, HAK International LLC, by email to legal@hakint.com.

We may remove allegedly infringing material and terminate the accounts of repeat infringers in appropriate circumstances.

We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, if we reasonably believe that:

• You have violated these Terms or any applicable law
• Your use poses a security, legal, or operational risk to us, our other users, or third parties
• Your Customer has terminated its subscription or removed your authorization
• We are required to do so by law or by an order from a government authority

You may stop using the Service at any time. You or your Customer may delete your account through Settings → Data & Privacy in the app or at https://tovohub.com/delete-account.

Before termination becomes final, we will, where practical and not prohibited by law, give you a reasonable opportunity to export Your Content. Sections that by their nature should survive termination (including User-Submitted Content license to the extent of retained data, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and General Provisions) will survive.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or that defects will be corrected; that the Service will meet your requirements; or that data or location information will always be accurate or available. You use the Service at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of these disclaimers may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HAK INTERNATIONAL LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS PAID BY THE RELEVANT CUSTOMER TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limits in this section reflect a reasonable allocation of risk and are an essential basis of the bargain between you and us; they apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations of liability, so some of these limits may not apply to you.

You agree to defend, indemnify, and hold harmless HAK International LLC and its directors, officers, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) Your Content; (c) your violation of these Terms; (d) your violation of any applicable law or third-party right; or (e) any dispute between you and your Customer or another Authorized User.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you agree to cooperate with our defense.

PLEASE READ CAREFULLY. This section requires you to resolve disputes with us through individual, binding arbitration and waives your right to participate in a class action.

These Terms, and any action related to them, are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the Dispute Resolution section above, any action that is not subject to arbitration will be brought exclusively in the state or federal courts located in Tarrant County, Texas, and you and we consent to the personal jurisdiction and venue of those courts.

We may add, change, or discontinue features of the Service at any time. We will give reasonable notice for material reductions in functionality affecting active paying Customers.

We may also update these Terms from time to time. For material changes, we will provide at least 30 days' advance notice — for example, by in-app message, email, or a notice on this page — before the new Terms take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service before the effective date.

• Entire Agreement: These Terms, together with the Privacy Policy and any Customer order form, are the entire agreement between you and us about the Service and supersede all prior or contemporaneous agreements on that subject.
• Severability: If any provision is found unenforceable, the remaining provisions will remain in full force.
• No Waiver: Our failure to enforce any right is not a waiver of that right.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets, with notice to you.
• Notices: Legal notices to us must be sent to the email address in the Contact Us section. Notices to you may be sent to the email associated with your account or posted in the Service.
• Relationship: Nothing in these Terms creates an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between you and us.
• Force Majeure: Neither party is liable for delay or failure to perform caused by events beyond reasonable control, including acts of God, war, terrorism, pandemic, civil unrest, labor disputes, internet or cloud-provider outages, and government action.
• Export Compliance: You may not use or export the Service in violation of U.S. export laws or sanctions, and you represent that you are not located in, or a national of, a country subject to a U.S. government embargo or designated as supporting terrorism.
• Headings: Section headings are for convenience only and have no legal effect.

For questions about these Terms or legal notices, contact us at:

Company: HAK International LLC

Legal: legal@hakint.com

Privacy: privacy@hakint.com

Website: https://tovohub.com