Terms of Service and Privacy Policy

1. Terms of Service

1.1 Service Description

Peak Performance Dispatch Services provides professional truck dispatching services for various types of vehicles, including box trucks, dry vans, flatbeds, reefers, and power-only units. Our services include:

• Load sourcing and negotiation
• Route planning and optimization
• Documentation management
• 24/7 dispatch support
• Invoice and payment processing

1.2 User Obligations

As a user of our services, you agree to:

• Provide accurate and complete information when using our services
• Maintain the confidentiality of your account credentials
• Promptly update any changes to your information
• Comply with all applicable laws and regulations
• Not use our services for any illegal or unauthorized purpose
• Respect the intellectual property rights of Peak Performance Dispatch Services and third parties

1.3 Payment Terms

Our fees are based on the services provided. Payment terms include:

• Payment is due upon receipt of invoice
• We accept major credit cards and ACH transfers
• Late payments may incur additional fees
• We reserve the right to suspend services for non-payment
• All fees are non-refundable unless otherwise stated

1.4 Service Availability and Modifications

We strive to provide uninterrupted service, but we may occasionally need to perform maintenance or updates. We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice.

1.5 Termination

Either party may terminate the service agreement with 30 days' written notice. We reserve the right to terminate services immediately for violations of these terms, including but not limited to:

• Failure to pay for services
• Violation of applicable laws or regulations
• Abuse or misuse of our services
• Engaging in fraudulent or deceptive practices

1.6 Limitation of Liability

Peak Performance Dispatch Services is not liable for any indirect, incidental, or consequential damages arising from the use of our services. Our total liability for any claim arising from our services shall not exceed the total amount paid by you for the services in the 12 months preceding the claim.

1.7 Indemnification

You agree to indemnify and hold harmless Peak Performance Dispatch Services, its officers, directors, employees, and agents from any claims, damages, or expenses (including attorney's fees) arising from your use of our services or violation of these terms.

1.8 Governing Law and Dispute Resolution

These terms are governed by the laws of the State of Maryland. Any disputes arising from these terms or our services shall be resolved through binding arbitration in accordance with the American Arbitration Association rules.

2. Privacy Policy

2.1 Information We Collect

Personal Information

• Name and contact details (email, phone number, address)
• Company information (business name, EIN, MC number)
• Driver's license and DOT numbers
• Vehicle details (make, model, VIN, insurance information)
• Payment information (credit card details, bank account information)
• Communication preferences
• Service history and preferences

Usage Data

• IP address and geolocation data
• Browser type and version
• Operating system
• Pages visited and interactions
• Device information (type, screen size, mobile identifiers)
• Referring website or application
• Time spent on pages and features used
• Search queries and filters applied

2.2 How We Collect Information

We collect information through various methods, including:

• Direct submission through our website, mobile app, or customer service
• Automated collection through cookies and similar technologies
• Third-party sources (e.g., credit reporting agencies, public databases)
• Integration with your accounts on third-party services (with your permission)

2.3 How We Use Your Information

• Service Provision

  To provide and improve our dispatching services, including route optimization, load matching, and customer support

• Payments and Accounting

  To process payments, manage accounts, handle invoicing, and maintain financial records

• Communication

  To respond to inquiries, send service updates, provide customer support, and maintain communication logs

• Analytics and Improvement

  To analyze usage patterns, improve user experience, enhance our services, and develop new features

• Marketing and Promotions

  To send promotional materials, newsletters, and personalized offers (with your consent)

• Security and Fraud Prevention

  To protect our services, users, and business from fraudulent or illegal activities

• Legal Compliance

  To comply with applicable laws, regulations, and legal processes

2.4 Messaging Terms & Conditions

You agree to receive informational messages (appointment reminders, account notifications, etc.) from Peak Performance Dispatch Services. Message frequency varies. Message and data rates may apply. For help, reply HELP or email us at smm@ppdsusa.com. You can opt out at any time by replying STOP.

No mobile information will be shared with any third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with or obtained by any third parties.

If you wish to be removed from receiving future communications, you can opt out at any time by texting STOP or contacting us at smm@ppdsusa.com.

2.5 Data Retention

We retain your personal information for as long as necessary to provide our services, comply with legal obligations, resolve disputes, and enforce our agreements. Specific retention periods include:

• Account information: Retained for the duration of your active account and for a period of 3 years after account closure
• Transaction records: Retained for 3 years for tax and accounting purposes
• Communication logs: Retained for 3 years from the date of last contact
• Usage data: Retained in aggregated form for analytics purposes for up to 3 years

You may request deletion of your data at any time, subject to any legal requirements to retain certain information.

2.6 Third-Party Services

We may use trusted third-party services for:

• Payment processing

  To securely handle financial transactions (e.g., Stripe, PayPal)

• Email marketing

  To send newsletters and promotional materials (e.g., Mailchimp, SendGrid)

• Analytics

  To gather insights on website usage and user behavior (e.g., Google Analytics, Mixpanel)

• Customer relationship management

  To better serve our clients and manage interactions (e.g., Salesforce, HubSpot)

These services are required to comply with privacy laws and handle your data securely. We encourage you to review their respective privacy policies for more information on their data handling practices.

2.7 Your Rights

Under applicable data protection laws, you have the right to:

• Access your personal data and request copies of your information
• Rectify inaccurate or incomplete data
• Request deletion of your data (right to be forgotten)
• Restrict or object to data processing in certain circumstances
• Request data portability and receive your data in a structured, machine-readable format
• Withdraw consent at any time for processing based on consent
• Lodge a complaint with a supervisory authority

To exercise these rights or for any privacy-related inquiries, please contact us at smm@ppdsusa.com. We will respond to your request within 30 days.

2.8 International Data Transfers

Your information may be transferred to and processed in countries other than your country of residence. These countries may have different data protection laws. We ensure appropriate safeguards are in place to protect your information in compliance with applicable laws.

2.9 Children's Privacy

Our services are not intended for use by children under the age of 18. We do not knowingly collect personal information from children. If you believe we have inadvertently collected information from a child, please contact us immediately.

2.10 Updates to This Policy

We may update this policy periodically to reflect changes in our practices, services, or legal requirements. We will notify you of any significant changes via email or through a prominent notice on our website. The "Last Updated" date at the top of this policy will be revised accordingly.

3. Contact Us