Terms of Service

Effective Date: August 29, 2026 | Version: 2026-08-29

1. Agreement to Terms

By accessing or using the HaulHive service ("Service"), operated by FlowState Foundry LLC d/b/a HaulHive ("Company", "we", "us", or "our"), you ("User", "you", or "your") agree to be bound by these Terms of Service ("Terms"), including all applicable laws and regulations.

Age Requirement: You must be at least 18 years old to use this Service. By agreeing to these Terms, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into binding contracts.

If you disagree with any part of these Terms, you may not access or use the Service.

2. Description of Service

HaulHive provides cloud-based fleet management and logistics software for the construction industry, including dispatch, tracking, time logging, reporting, and compliance tools. For detailed information on our services, please visit our website at https://haulhive.com.

3. Subscription, Payment, and Billing

3.1 Subscription Plans: The Service is offered under various subscription plans with different pricing based on usage and fleet size. Specific plan details and pricing will be provided during the sales process or proof-of-concept period.

3.2 Billing: Subscriptions are billed annually in advance. Payment terms may vary based on your sales agreement or onboarding process. Payment is due immediately upon invoice generation unless otherwise specified. We accept payment via ACH bank transfer, wire transfer, check, or credit card. Credit card payments may incur additional processing fees for annual subscriptions.

3.3 Refund Policy: Refund eligibility varies based on your agreement and onboarding terms. Unless otherwise specified in your sales agreement, new customers may request a full refund within 7 days of their first payment if the Service does not meet their needs. After this period, all payments are non-refundable except as required by law.

3.4 Automatic Renewal: All subscriptions automatically renew at the end of each billing period unless canceled, subject to any notice of consent requirements imposed by applicable law. You may cancel anytime through your account portal before the next billing date. Cancellation takes effect at the end of the current billing period.

3.5 Price Changes: We reserve the right to modify prices with 30 days advance notice. Continued use after price changes constitutes acceptance of new pricing.

3.6 Taxes: You are responsible for all applicable taxes. Prices do not include sales tax, which will be calculated based on your location.

4. Acceptable Use and Prohibited Activities

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are prohibited from:

Violating any applicable federal, state, local, or international law or regulation
Reverse engineering, decompiling, or attempting to derive source code from the Service
Reselling, redistributing, or sublicensing the Service without written permission
Using the Service to store or transmit malicious code, viruses, or malware
Attempting to gain unauthorized access to any portion of the Service or its systems
Interfering with or disrupting the Service or servers/networks connected to it
Using automated systems or software to extract data (scraping, crawling, etc.)
Impersonating another person or entity or falsely representing your affiliation
Using the Service for competitive analysis or building a competing product
Sharing login credentials or allowing unauthorized access to your account
Harassing, threatening, or intimidating other users
Uploading false, misleading, or fraudulent data
Circumventing any usage limits or restrictions

Violation of these prohibited uses may result in immediate termination of your account without refund.

5. Intellectual Property Rights

5.1 Our Property: The Service, including all software, text, graphics, logos, images, audio, video, and compilation thereof, is the exclusive property of FlowState Foundry LLC and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

5.2 Your Data: You retain all rights to data you submit to the Service ("Customer Data"). By using the Service, you grant us a limited, non-exclusive license to use, process, and display Customer Data solely to provide, maintain, secure, monitor, troubleshoot, analyze the performance, and support the Service, and to comply with applicable law.

5.3 Feedback: Any suggestions, feedback, or ideas you provide about the Service become our property and may be used without compensation to you.

5.4 Customer-Created Content: The Service may include tools that allow you to create, configure, or customize your own materials, including forms, documents, templates, and similar content ("Customer-Created Content"). Customer-Created Content is your own work product and is treated as Customer Data under Section 5.2. We do not review, approve, or endorse Customer-Created Content, and we make no representation that any Customer-Created Content is accurate, complete, or suitable for any purpose, including compliance with safety, regulatory, or legal requirements. You are solely responsible for the substance, use, and distribution of your Customer-Created Content, including any content you share with individuals outside your organization through the Service.

5.5 AI-Assisted Features: Certain features of the Service use artificial intelligence to generate, transform, or transcribe content at your direction, including drafting and editing tools, voice-to-text input, and similar assistive features. AI-generated output is produced automatically, may contain errors or omissions, and is provided solely as a drafting aid. It does not constitute professional, legal, safety, or compliance advice. You are responsible for reviewing all AI-generated output before relying on it or putting it to use. Content you submit to AI-assisted features may be processed by third-party artificial intelligence service providers as described in our Privacy Policy. AI-generated output that you accept and retain becomes part of your Customer-Created Content or Customer Data, as applicable.

6. User Responsibilities

You are responsible for:

Maintaining the confidentiality and security of your account credentials
All activities that occur under your account
Ensuring your use complies with all applicable laws and regulations
The accuracy and legality of Customer Data you submit
Reviewing Customer-Created Content and AI-generated output before use or distribution
Maintaining adequate backups of your critical data
Promptly notifying us of any unauthorized access to your account
Ensuring your authorized users comply with these Terms

7. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components. You assume all risk for your use of the Service.

8. Indemnification

You agree to indemnify, defend, and hold harmless FlowState Foundry LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

Your use or misuse of the Service
Your violation of these Terms
Your violation of any law or rights of a third party
Customer Data or content you submit through the Service
Any breach of your representations and warranties

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLOWSTATE FOUNDRY LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for all claims arising from or relating to these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

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

10. Data and Privacy

Your use of our Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We implement industry-standard security measures to protect your data, but cannot guarantee absolute security.

You acknowledge that we may collect and use technical data and related information to facilitate the provision of software updates, product support, and other services related to the Service.

11. Service Availability and Support

11.1 Availability: We strive to maintain high availability of the Service but do not guarantee any specific uptime level. Scheduled maintenance will be announced 24 hours in advance when possible. We are not liable for any unavailability of the Service.

11.2 Support: Support is provided according to your subscription plan. Response times and support channels vary by plan.

11.3 Modifications: We are continually evolving the Service to improve your experience. We reserve the right to modify or discontinue features of the Service, but we will not materially reduce the core functionality of your subscribed service during your then-current subscription term without 30 days' prior notice.

12. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, labor disputes, pandemic, or shortages of transportation, facilities, fuel, energy, labor, or materials.

13. Termination

13.1 By You: You may terminate your account at any time through your account settings or by contacting support. Termination does not entitle you to any refunds for prepaid fees.

13.2 By Us: We may suspend or terminate your account immediately, without prior notice or liability, if you breach these Terms, fail to pay fees when due, or if required by law.

13.3 Effect of Termination: Upon termination, your right to use the Service ceases immediately. Upon request during an active subscription or within 30 days of termination, we will provide you with an export of your Customer Data in a commonly used format (CSV, JSON, or PDF), subject to applicable law and any outstanding payment obligations. Requests must be submitted to [email protected]. We may delete your data after 30 days unless legally required to retain it. Sections that by their nature should survive termination will survive, including intellectual property, indemnification, limitation of liability, and dispute resolution.

14. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS

14.1 Informal Resolution: Before initiating arbitration, you agree to first contact us at [email protected] to attempt to resolve any dispute informally. We will attempt to resolve the dispute in good faith for 60 days.

14.2 Binding Arbitration: If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved through binding arbitration conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Chicago, Illinois, before a single arbitrator.

14.3 Class Action Waiver: YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. You may only resolve disputes with us on an individual basis.

14.4 Jury Trial Waiver: YOU WAIVE ANY RIGHT TO A JURY TRIAL in any proceeding arising out of or related to these Terms or the Service.

14.5 Exceptions: Notwithstanding the above, either party may seek injunctive relief in court for intellectual property infringement or breach of confidentiality.

15. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the federal or state courts located in Cook County, Illinois, and you consent to the personal jurisdiction of such courts.

16. General Provisions

16.1 Entire Agreement: These Terms, along with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and FlowState Foundry LLC regarding the Service.

16.2 Amendments: We may revise these Terms at any time. Material changes will be notified via email or through the Service. Continued use after changes constitutes acceptance.

16.3 Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.4 No Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

16.5 Assignment: You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

16.6 Electronic Communications: You consent to receive communications from us electronically and agree that electronic communications satisfy any legal requirement for written communications.

17. Contact Information

For questions about these Terms of Service, please contact us at:

Email: [email protected]

Legal Inquiries: [email protected]

Company: FlowState Foundry LLC

Website: https://haulhive.com

By using HaulHive, you acknowledge that:

You have read and understood these Terms of Service in their entirety
You agree to be bound by these Terms and all referenced policies
You are at least 18 years old and legally capable of entering into this agreement
You waive your right to jury trial and class action lawsuits
Disputes will be resolved through binding arbitration in Illinois