Terms of Service

Last Updated: 2026-01-26

These Terms of Service (“Terms”) form a legally binding agreement between you (“Customer,” “you”) and XFold LLC, a California company (“Company,” “we,” “us”), governing your access to and use of our software, platform, and related services (the “Service”).

By clicking “I agree,” creating an account, or using the Service, you agree to these Terms.

If you are using the Service on behalf of a business or organization, you represent that you have authority to bind that entity.

We provide a cloud-based software platform that allows customers to manage digital checklists, driver safety certificates and warehouse inventory.

The Service may include web apps, mobile apps, dashboards, APIs, documentation, and related tools.

We may update or modify the Service from time to time. We may add or remove features, but we will not materially reduce core functionality during an active subscription.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription term, solely for your internal business purposes.

This is a license, not a sale. We retain all ownership and intellectual property rights in the Service.

You may not: copy, resell, or sublicense the Service; reverse engineer or attempt to extract source code; use the Service to build a competing product; or access the Service in violation of applicable law.

You are responsible for: all activity under your account; keeping credentials secure; and ensuring users comply with these Terms.

We may suspend access if we reasonably believe: your account is compromised; the Service is being misused; or your use creates legal or security risk.

4.1 Subscription Plans — Access to the Service requires a paid subscription unless otherwise stated. Features and limits depend on the plan you select.

4.2 Billing — Subscriptions are billed in advance on a recurring basis (monthly or annually, as selected). All fees are non-refundable except where required by law.

4.3 Auto-Renewal — Your subscription automatically renews unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method on a recurring basis.

4.4 Price Changes — We may change pricing with at least 30 days’ notice. Changes apply at renewal.

4.5 Taxes — Fees do not include taxes. You are responsible for applicable taxes except those based on our income.

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

We may terminate or suspend your account if: you breach these Terms; you fail to pay fees; or your use creates legal, security, or operational risk.

Upon termination: your access ends; your data may be deleted after a reasonable period; and Sections that should survive termination will survive.

You retain ownership of all data you submit to the Service (“Customer Data”).

You grant us a limited right to process Customer Data solely to provide the Service, support you, and improve the platform.

We will handle personal data in accordance with our Privacy Policy and Data Processing Addendum, if applicable.

You are responsible for the legality of Customer Data and for having the right to use it.

Each party may receive confidential information from the other.

Both parties agree to protect it and use it only to perform under these Terms.

This obligation survives termination.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Service will be uninterrupted, error-free, or meet all your requirements.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: We are not liable for indirect, incidental, special, consequential, or punitive damages. Our total liability for any claim shall not exceed the amount you paid us in the 12 months before the claim arose.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to indemnify and hold us harmless from claims arising from: your use of the Service; your Customer Data; or your violation of these Terms or the law.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules.

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration under the rules of the American Arbitration Association, conducted in California.

You waive the right to participate in a class action or jury trial.

Either party may seek injunctive relief in court for intellectual property or misuse issues.

We may update these Terms from time to time.

If changes are material, we will provide notice. Continued use of the Service after changes means you accept the updated Terms.

These Terms are the entire agreement between you and us regarding the Service.

If any provision is unenforceable, the rest remains in effect.

You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

XFold LLC

team@xfoldtrack.com

Last Updated: 2026-01-26

This Data Processing Addendum (“DPA”) forms part of the Terms of Service between Customer and XFold LLC (“XFold”) and applies to the extent XFold processes Personal Data on behalf of Customer in connection with the XFold Track Service.

This DPA is incorporated by reference into the Terms of Service and is effective upon Customer’s acceptance of the Terms.

For purposes of this DPA: “Personal Data” means any information relating to an identified or identifiable individual. “Processing” means any operation performed on Personal Data, such as collection, storage, use, or deletion. “Controller” means the entity that determines the purposes and means of Processing. “Processor” means the entity that processes Personal Data on behalf of the Controller. “CCPA / CPRA” means the California Consumer Privacy Act and the California Privacy Rights Act. “GDPR” means the EU General Data Protection Regulation, where applicable.

Customer is the Controller of Personal Data submitted to the Service.

XFold is the Processor (or Service Provider, as defined under CCPA/CPRA) and processes Personal Data only on documented instructions from Customer, as necessary to provide the Service.

XFold does not sell or share Personal Data as defined by CCPA/CPRA.

XFold processes Personal Data solely for the following purposes: providing and operating the XFold Track Service; maintaining and securing the platform; providing customer support; complying with legal obligations; and improving the Service (using aggregated or anonymized data only).

Categories of Personal Data may include: names, email addresses, phone numbers; driver and employee identifiers; safety certificates and training records; job and checklist logs; account and billing data; and IP addresses and device information.

Categories of data subjects include: Customer employees and contractors; drivers and warehouse staff; and Customer administrators.

Customer represents and warrants that: it has a lawful basis to collect and provide Personal Data to XFold; it has provided all required notices to data subjects; it has obtained all necessary consents; and its instructions comply with applicable law.

Customer is responsible for responding to data subject requests unless legally required otherwise.

XFold shall: process Personal Data only as necessary to provide the Service; not retain, use, or disclose Personal Data for any purpose other than providing the Service; ensure personnel are bound by confidentiality; implement reasonable technical and organizational security measures; and notify Customer of legally required disclosures unless prohibited by law.

XFold implements administrative, technical, and physical safeguards appropriate to the nature of the data, including: access controls and role-based permissions; encryption in transit and at rest where appropriate; audit logging and monitoring; secure hosting infrastructure; and regular updates and patching.

Detailed security documentation may be provided upon reasonable request.

Customer authorizes XFold to use subprocessors to provide the Service, including but not limited to: cloud infrastructure providers; hosting providers; email and notification services; analytics and logging tools; and payment processors.

XFold will ensure subprocessors are bound by data protection obligations consistent with this DPA.

A current list of subprocessors will be made available upon request or published on XFold’s website.

If XFold receives a request from a data subject relating to Personal Data, XFold will, where legally permitted, notify Customer and provide reasonable assistance for Customer to respond.

XFold does not respond directly to data subjects unless legally required.

Upon termination of the Service, XFold will, within a reasonable time: delete or anonymize Personal Data; or return Personal Data to Customer, upon request.

XFold may retain Personal Data where required by law or for legitimate business purposes such as backups, dispute resolution, or compliance.

If Personal Data is transferred outside the United States, XFold will ensure appropriate safeguards are in place, including Standard Contractual Clauses where required.

Upon reasonable written request, and no more than once per year, Customer may request information necessary to demonstrate XFold’s compliance with this DPA.

Audits must not unreasonably disrupt XFold’s operations and may be subject to confidentiality obligations.

This DPA is subject to the liability limitations set forth in the Terms of Service.

This DPA remains in effect for the duration of XFold’s Processing of Personal Data on behalf of Customer.

This DPA is governed by the laws specified in the Terms of Service.

If there is a conflict between this DPA and the Terms of Service, this DPA controls with respect to data protection matters only.

Privacy and data protection inquiries may be directed to:

XFold LLC

team@xfoldtrack.com