On this page 20 sections
01Agreeing to these terms.
These terms are an agreement between you and DRS Express LLC d/b/a Upways ("Upways", "we", "us"). You accept them by ticking the box when you create an account, or by using Upways. If you sign up for a company, you confirm you may bind that company, and "you" includes the company. The Privacy policy, and for business customers who sign it, the Data processing addendum, are part of this agreement. Upways is for business use by trucking companies and their people.
02What Upways is.
Upways is software that helps truck drivers and their companies find roadside services, coordinate a rescue, run loads and dispatch, and keep the records that follow. We are software. We do not repair or tow trucks, carry freight, act as a broker, or employ the providers you find through us.
03Not an emergency service.
If anyone is hurt or in danger, call 911 first. Upways does not contact emergency services for you, and a rescue in the app is not an emergency call.
04Providers are independent.
The businesses shown on the map come from public listings such as Google, and from what companies save. They are independent businesses. We do not guarantee that a provider is open, available, qualified, or what it will charge, and a label such as Truck verified is our best reading of public information, not an endorsement. Call to confirm before you go or send someone. Any agreement for work is between you (or your company) and the provider.
05Directions and the road.
Directions open in Apple Maps, Google Maps or Waze. They do not route for truck height, weight, length or hazardous materials. You are responsible for choosing a safe and legal route, for following hours of service and other rules, and for not using your phone while driving where the law forbids it. Document dates and reminders help you stay current; they do not certify compliance with any law.
06Your account.
Upways is for businesses. You need to be 18 or older, use it for your work or your company, and give accurate details. Keep your password to yourself; you are responsible for what happens under your account. A company owner decides who joins the company, what each person may do, and can remove people. Drivers join a company only with that company's code or invitation. Tell us at once if you think someone else is using your account.
07Plans, trials, renewal and cancelling.
Prices are shown before you pay and in Billing.
- Fleet plan: billed monthly per active truck, at the rate for your fleet's size. Drivers and dispatchers are included.
- Owner operator plan: one truck, billed monthly or yearly.
- Free trial: new accounts get a 14 day free trial with a payment method on file. Unless you cancel before it ends, the paid plan starts automatically when the trial ends. The trial's end date is shown in Billing, and we email you a reminder with the date and the amount at least 3 days before the first charge.
- Automatic renewal: your plan renews automatically at the end of each billing period (every month, or every year on a yearly plan) and the card on file is charged the price then in force, until you cancel.
- Cancel online any time: in Billing on the website, or under You, Plan and billing in the app. You keep access until the end of the period you paid for, and you are not charged again. We do not refund partial periods unless the law requires it; the Refund policy (/info/refunds) lists when we do refund, and is part of these terms.
- Price changes: we tell you at least 30 days before a new price applies to you, and you can cancel before it does.
- Payments are processed by Stripe. Prices do not include taxes, which are added where required. If a payment fails we may pause the account until it is fixed.
08Your data belongs to you.
What you and your company put into Upways (your customer data) is yours. You give us permission to store, copy and process it only to provide, secure and support the service for you, as the Privacy policy and the Data processing addendum describe. We do not sell it. You are responsible for having the right to upload what you upload, such as photos of other vehicles or people at an accident scene, driver records, and emails from a connected inbox, and for giving your drivers and staff any notice the law requires.
09AI features.
Upways uses AI to read papers and emails, suggest loads and replies, and answer questions.
- Outputs can be wrong or incomplete. Review every suggestion before you save it, send it, or rely on it. You are responsible for what you send, including any message to a broker or customer, and for any automatic sending you turn on.
- Customer data is not used to train AI models. We do not do it, and our AI provider, Anthropic, does not under its commercial terms. We would only ever do so with your company's opt in consent.
- AI features may be changed, limited or switched off, for example to control cost.
10Acceptable use.
Do not misuse the service.
- No false rescues, fake reports, fraudulent receipts, or double brokering.
- No unlawful, harassing or deceptive messages, and no spam through a connected inbox or an Upways phone number.
- No scraping, copying or reselling provider listings, the maps or the software, and no use of Upways to build a competing product.
- No attempts to break in, test our security without written permission, overload the service, or see another company's data.
- Use third party services through Upways (such as Google Maps, DAT or a connected inbox) only as their own terms allow.
- We may suspend an account that breaks these rules or puts others at risk, and close it if it keeps happening.
11Availability and changes.
We aim for high availability and work hard to keep Upways running, but we do not promise any particular uptime, and Upways is not covered by a service level agreement unless one is signed with you in writing. It depends on phones, networks and other companies' services, so it may sometimes be slow or unavailable, including for maintenance. We may change, add or remove features; if we remove something important to a paid plan, we tell you first. We are not responsible for a delay or a missed update caused by a lost signal, a dead battery, or a service outside our control.
12Disclaimer of warranties.
To the fullest extent the law allows, Upways is provided as is and as available, without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non infringement, accuracy, and that the service will be uninterrupted, error free or secure. We do not hold a SOC 2 report or any other security certification today, and we do not claim one.
13Limitation of liability.
To the fullest extent the law allows:
- Neither side is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, loads, income, downtime or data, even if told they were possible.
- We are not liable for the work, prices or conduct of providers, brokers, shippers or other third parties, or for damage to a truck, a trailer or its load.
- Our total liability for all claims relating to Upways or these terms is limited to the fees you paid us for Upways in the 12 months before the event that gave rise to the claim.
- These limits apply whatever the legal theory and even if a remedy fails of its essential purpose. Nothing here limits liability that cannot be limited by law, such as for fraud.
14Indemnity.
You will defend and hold harmless Upways, and its owners and staff, against third party claims, and the losses and reasonable costs that follow, arising from your customer data, your use of Upways in breach of these terms or the law, or the conduct of your company's drivers, staff and providers you engage.
15Ending the agreement, and your data.
You can stop using Upways, cancel your plan and delete your account at any time. We may suspend or end an account that breaks these terms or the law, or that has not paid. When a company's account ends, the owner has 30 days to export the company's data (Settings, Security, Export company data, or ask us); after that we delete it, and backup copies roll off within a further 30 days, unless the law requires us to keep something. The parts of these terms about data, payment owed, disclaimers, liability, indemnity and the law continue after the agreement ends.
16Your name and logo.
We do not use your company's name, logo or a quote from you in our marketing without your written permission. Feedback you give us we may use to improve Upways, with no obligation to you.
17Changes to these terms.
If we change these terms in a way that matters, we update the date and version at the top, tell you in the app or by email before the change takes effect, and ask you to accept the new version the next time you open Upways. If you do not agree, you can cancel before it takes effect.
18Law and disputes.
These terms are governed by the laws of the state in the United States where Upways is organized, without regard to its conflict of laws rules. Any dispute that cannot be settled by talking to us first goes to the state and federal courts of that state, and both sides agree to their jurisdiction. Either side may ask a court for urgent relief to protect its data or intellectual property.
19The rest.
These terms, with the documents they name and any order form you sign, are the whole agreement about Upways. If a part cannot be enforced, the rest still applies. Not enforcing a part is not a waiver. You may not transfer this agreement without our consent; we may transfer it with the business. Neither side is responsible for delays caused by events beyond its reasonable control.
20Contact.
Questions about these terms: ralpasovsi@gmail.com.