DOT Serenity Terms of Service

1. DOT Serenity Services

DOT Serenity provides technology and administrative services designed to help motor carriers organize, monitor, document, and manage regulatory compliance activities.

Depending on the plan or services purchased, the Services may include features or assistance relating to:

• company and FMCSA compliance records;
• driver qualification records and driver files;
• driver credential and expiration tracking;
• vehicle and maintenance records;
• drug and alcohol compliance administration;
• Clearinghouse-related administrative workflows;
• hours-of-service and ELD-related record organization;
• accident and safety records;
• registration and filing deadlines;
• UCR, IRP, IFTA, Form 2290, and similar compliance activities where applicable;
• document storage and audit preparation;
• compliance deadlines and notifications;
• compliance baseline reviews;
• remediation and administrative compliance services;
• communication with authorized third-party providers; and
• other compliance-management services described in an applicable plan, order form, service agreement, or statement of work.

The exact Services provided to a customer depend on the customer's selected plan, purchased services, carrier characteristics, applicable regulations, authorizations, and information provided to DOT Serenity.

2. DOT Serenity Is Not a Government Agency

DOT Serenity is an independent private business.

DOT Serenity is not the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (“FMCSA”), a state department of transportation, state motor vehicle agency, Internal Revenue Service, or other government agency.

Government forms, registrations, fees, filings, and regulatory obligations may be available directly through the applicable government agency.

Fees charged by DOT Serenity are for DOT Serenity's software, administrative services, compliance-management services, and other services and are separate from government filing fees or third-party provider fees unless expressly stated otherwise.

3. No Guarantee of Regulatory Compliance

DOT Serenity is designed to assist customers with compliance management, but use of DOT Serenity does not by itself make a motor carrier compliant with federal, state, or local law.

Regulatory compliance depends on many factors, including the customer's operations, drivers, vehicles, records, conduct, factual circumstances, and actions taken by the customer and its personnel.

DOT Serenity therefore does not guarantee:

• that a customer will be fully compliant with every applicable law or regulation;
• that a customer will pass an audit, investigation, inspection, or review;
• that a government agency will accept a filing, document, or explanation;
• that a customer will avoid fines, penalties, enforcement actions, crashes, violations, or other adverse events; or
• that regulatory requirements will remain unchanged.

Where applicable law places responsibility on the motor carrier, employer, driver, owner, or another regulated person, that responsibility remains with that person.

4. Customer Decisions and Responsibilities

Unless expressly agreed otherwise in writing, the customer remains responsible for its business and regulatory decisions.

Among other things, customers remain responsible for:

• determining whether to hire, retain, dispatch, suspend, or terminate drivers;
• operating vehicles safely;
• maintaining truthful and complete business records;
• providing accurate information to DOT Serenity;
• reviewing filings and submissions where customer approval is required;
• paying government and third-party fees;
• complying with orders issued by government agencies;
• maintaining insurance and required financial responsibility;
• complying with laws and regulations applicable to their operations; and
• informing DOT Serenity when their operations, drivers, vehicles, authority, ownership, addresses, cargo, routes, or other relevant circumstances change.

DOT Serenity may identify an item as current, complete, audit-ready, ready for customer decision, or similar. Such designations describe the status of information within the DOT Serenity system and are not a governmental certification of legal compliance.

5. Administrative and Managed Compliance Services

Certain plans may allow DOT Serenity personnel to perform administrative compliance work on a customer's behalf.

This may include gathering information, preparing records, requesting records, tracking deadlines, communicating with authorized providers, preparing documents, organizing files, assisting with filings, or performing other tasks permitted by law and authorized by the customer.

Some activities can only be performed by the customer, a licensed or certified professional, a government-authorized provider, medical examiner, testing provider, process agent, attorney, insurer, training provider, or other qualified third party.

DOT Serenity may require the customer to use or interact with such third parties.

DOT Serenity will not knowingly represent itself as holding a license, certification, government authority, or professional qualification it does not possess.

6. No Legal, Tax, Medical, or Insurance Advice

DOT Serenity provides compliance-management and administrative services.

Unless specifically provided by an appropriately licensed professional under a separate engagement, the Services do not constitute legal, tax, accounting, medical, insurance, employment-law, or other licensed professional advice.

Customers should consult qualified professionals when professional advice is required.

7. Accounts and Security

Users must provide accurate account information and keep it current.

Accounts are assigned to individual users and may not be shared.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity performed through your account to the extent permitted by law.

DOT Serenity may require security measures including:

• verified email addresses;
• multi-factor authentication;
• recent reauthentication for sensitive actions; and
• other security controls appropriate to the Services.

You must promptly notify security@dotserenity.com if you believe an account or credential has been compromised.

8. Organizations, Users, and Permissions

A customer organization may authorize multiple users to access its DOT Serenity account.

Different users may receive different roles and permissions.

The organization is responsible for:

• determining who should receive access;
• assigning appropriate roles;
• removing access when no longer needed; and
• ensuring that authorized users have permission to view or manage information made available to them.

DOT Serenity may restrict access to particularly sensitive information based on user role, authorization, assignment, or security status.

9. Driver and Employee Information

Customers may provide DOT Serenity with information concerning drivers, applicants, former drivers, employees, contractors, and other individuals.

The customer represents that it has a lawful basis and appropriate authority to provide such information to DOT Serenity and to instruct DOT Serenity to process it for the requested Services.

Where notices, authorizations, consents, certifications, signatures, or employer actions are legally required, the customer remains responsible for ensuring those requirements are satisfied unless DOT Serenity has expressly agreed to administer the applicable process.

10. Customer Content

“Customer Content” means information, records, files, documents, images, messages, data, and other materials submitted to or generated through the Services for a customer.

As between DOT Serenity and the customer, the customer retains its rights in Customer Content.

The customer grants DOT Serenity a limited right to host, store, reproduce, transmit, process, and otherwise use Customer Content as reasonably necessary to:

• provide the Services;
• maintain and secure the platform;
• perform authorized compliance work;
• provide support;
• prevent fraud and abuse;
• comply with law; and
• enforce these Terms.

DOT Serenity does not obtain ownership of a customer's underlying business records merely because they are stored through the Services.

11. Customer Content Standards

You may not knowingly upload or use the Services to store or transmit:

• unlawful material;
• malicious software;
• material that infringes another person's rights;
• information you are not authorized to possess or disclose; or
• content intended to interfere with the security or operation of the Services.

Do not provide sensitive information that DOT Serenity has not requested or provided an appropriate workflow to receive.

12. Third-Party Services

DOT Serenity uses third-party providers to operate portions of the Services, including providers for hosting, databases, authentication, cloud storage, email delivery, security, analytics, communications, payments, government or regulatory data, and other operational functions.

Certain customer workflows may also involve third-party providers selected by either DOT Serenity or the customer.

Third-party services may be governed by their own terms and privacy policies.

DOT Serenity is not responsible for the independent acts or omissions of a third party outside DOT Serenity's reasonable control.

13. Government and Third-Party Information

The Services may display information obtained from government databases, external providers, customers, drivers, or other third parties.

DOT Serenity may assist in organizing or interpreting such information but cannot guarantee that third-party information is always complete, accurate, current, or error-free.

Customers should notify DOT Serenity of apparent inaccuracies.

14. Regulatory Changes

Transportation regulations, agency procedures, forms, interpretations, and filing systems may change.

DOT Serenity may modify the Services, workflows, requirements, deadlines, or guidance to reflect regulatory or operational changes.

Customers remain responsible for responding to regulatory requirements applicable to them.

15. Electronic Communications

By using the Services, you agree that DOT Serenity may send transactional and service-related communications electronically, including:

• account-verification messages;
• security alerts;
• password and authentication messages;
• compliance reminders;
• deadline notifications;
• service updates;
• document requests;
• billing notices; and
• other communications related to your account or Services.

Certain communications may be required to operate the Services and cannot be opted out of while maintaining an active account.

Marketing communications, if any, will be handled separately as required by applicable law.

16. Fees and Payment

Prices, included services, usage allowances, additional-user or vehicle charges, one-time services, and other fees will be shown on the applicable pricing page, order form, checkout page, service agreement, or statement of work.

Unless expressly stated otherwise:

• fees are stated in U.S. dollars;
• government fees and third-party fees are separate;
• recurring subscriptions may renew automatically according to the purchasing terms presented at checkout; and
• customers authorize the applicable payment processor to charge the selected payment method.

Additional payment, cancellation, refund, or renewal terms presented at purchase become part of these Terms.

17. Suspension and Termination

DOT Serenity may suspend or restrict access when reasonably necessary because of:

• nonpayment;
• a security threat;
• suspected fraud or unauthorized access;
• unlawful use;
• violation of these Terms;
• risk to another customer or the Services;
• a legal or governmental requirement; or
• another material risk to DOT Serenity or its users.

Customers may terminate Services according to the applicable subscription or service agreement.

Termination does not automatically require immediate deletion of information that DOT Serenity must retain for legal, security, contractual, dispute-resolution, backup, or legitimate business purposes.

18. Intellectual Property

The DOT Serenity software, designs, interfaces, workflows, documentation, branding, logos, text, proprietary compliance systems, and other materials provided by DOT Serenity are owned by DOT Serenity or its licensors and are protected by applicable intellectual-property laws.

Subject to these Terms, DOT Serenity grants authorized users a limited, non-exclusive, non-transferable, revocable right to access and use the Services for the customer's internal business purposes.

No ownership interest in the DOT Serenity platform is transferred to the customer.

19. Prohibited Conduct

You may not:

• attempt to bypass authentication or authorization controls;
• access another customer's information without authorization;
• probe, scan, or test the Services for vulnerabilities without written authorization;
• reverse engineer the Services except where applicable law expressly permits it;
• interfere with platform availability or security;
• use automated means to abuse the Services;
• impersonate another person or organization;
• use the Services for unlawful purposes; or
• assist another person in doing any of these things.

20. Service Availability

DOT Serenity works to provide reliable Services but does not guarantee uninterrupted or error-free operation.

The Services may occasionally be unavailable because of maintenance, upgrades, failures, internet or infrastructure problems, third-party outages, emergencies, security events, or circumstances outside DOT Serenity's reasonable control.

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

DOT SERENITY DISCLAIMS WARRANTIES THAT ARE NOT EXPRESSLY PROVIDED IN WRITING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH DISCLAIMERS ARE PERMITTED BY LAW.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOT SERENITY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, OR LOSS OF DATA, ARISING FROM OR RELATING TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOT SERENITY'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY THE CUSTOMER TO DOT SERENITY FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

These limitations do not apply where prohibited by law.

23. Indemnification

To the extent permitted by law, a business customer agrees to defend, indemnify, and hold DOT Serenity harmless from third-party claims arising from:

• Customer Content supplied by the customer;
• the customer's unlawful conduct;
• the customer's violation of these Terms;
• the customer's regulatory or employment decisions; or
• the customer's infringement of another person's rights,

except to the extent caused by DOT Serenity's own conduct for which liability cannot lawfully be excluded.

24. Changes to the Services or Terms

DOT Serenity may update these Terms from time to time.

When required, we will provide notice of material changes and request renewed acceptance.

The effective date and version at the top identify the applicable version.

25. Governing Law

These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any dispute-resolution provisions contained in a separate signed service agreement or order form will also apply.

26. General Terms

If a provision of these Terms is determined to be unenforceable, the remaining provisions remain in effect to the extent permitted by law.

Failure to enforce a provision does not waive it.

The customer may not transfer its rights or obligations under these Terms without DOT Serenity's consent except in connection with a permitted merger, acquisition, or sale of substantially all relevant assets.

DOT Serenity may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, or similar transaction.

27. Contact

Questions regarding these Terms may be sent to: