Terms of Service

These Terms of Service (the “Terms”) are an agreement between CDLVOE, Inc. (“CDLVOE,” “we,” “us”), of Omaha, Nebraska, and the company that creates an account (the “Customer”). By creating an account, accessing the service, or clicking to accept, you agree to these Terms on behalf of the Customer and represent that you have authority to do so. If you do not agree, do not use the service. Our Privacy Policy describes how we handle data and is part of this agreement.

CDLVOE is software that helps motor carriers conduct the previous-employer safety performance history investigations required by FMCSA regulation 49 CFR § 391.23: capturing driver applications and consent, generating and sending inquiry letters by email, fax, and mail, matching responses, and maintaining driver qualification documentation. The Customer — not CDLVOE — conducts the investigation. CDLVOE provides the tooling; inquiries are sent in the Customer’s name, under the Customer’s DOT authority, at the Customer’s direction.

You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for safeguarding credentials of every user you invite. Your plan includes usage allowances — user seats and active drivers — which are terms of your subscription; if your sustained usage exceeds them, we may ask you to move to an appropriate plan. Notify us promptly at any sign of unauthorized access. We may suspend an account that presents a security risk to the platform or other customers while we investigate.

CDLVOE is a tool, not a compliance outcome, and nothing in the service is legal advice. The Customer remains solely responsible for its own compliance with FMCSA regulations and all other applicable law, including: obtaining each driver’s required authorization and consent before launching a verification; the accuracy of the information it enters or imports; reviewing generated documents before reliance; meeting its own regulatory deadlines; and its hiring decisions. You agree to launch verifications only for genuine driver-hiring purposes concerning drivers who have applied to or work for you, and to use employer contact information only for lawful verification correspondence.

Drivers, applicants, and previous employers interact with CDLVOE through limited portals (application forms, consent ceremonies, kiosk check-in, tokenized response links). We grant those users a limited right to use the portals for their intended purpose. Their submissions are processed on behalf of the Customer that initiated the request, as described in the Privacy Policy. Portal links are unique and access-limited; do not forward them to anyone other than the intended recipient.

The service captures consents and verification responses electronically, including typed and drawn signatures with identity checks such as one-time codes, timestamps, and audit trails. By using these features, the Customer and its portal users consent to transacting electronically and agree that qualifying electronic signatures and records are intended to satisfy the federal ESIGN Act and applicable state equivalents (UETA), and may be relied upon to the same extent as ink on paper. Signed records remain available in the Customer’s account for download and printing.

Plans are billed in advance through our payment processor (Stripe), monthly or annually (annual pricing reflects a 20% discount). Each plan includes a monthly allotment of verification credits — one credit is consumed when a previous-employer inquiry campaign is launched for a driver — and usage beyond the allotment is billed at the plan’s per-verification overage rate. Metered delivery charges are billed as used: outbound fax pages and certified mail pieces at the rates shown on the pricing pageor in your order; inbound fax is included. Current plan prices, credit allotments, and overage rates are listed on the pricing page; pricing for existing subscriptions changes only with at least 30 days’ notice, effective at your next renewal.

Fees are non-refundable except where required by law or expressly stated. You are responsible for applicable taxes other than our income taxes. If a payment fails, your subscription enters a grace period (14 days unless we notify otherwise); during grace the service operates normally, and after grace cost-incurring sending is paused — your data, read access, exports, and the billing portal remain available so you can restore payment and resume.

Subscriptions renew automatically each billing period until cancelled. You may cancel at any time from the billing portal, effective at the end of the current period. You can export your records from the service at any time, before or after cancelling — a complete structured export of your account data plus a manifest of stored documents, with individual documents downloadable in the product. If you delete your account, it is deactivated immediately and recoverable for 30 days, after which your tenant data is permanently purged from production systems; residual copies in routine backups are deleted on the backup retention schedule. We may suspend or terminate for material breach of these Terms that goes uncured after notice, for non-payment past the grace period, or for use that threatens the security or integrity of the platform.

The Customer owns its data: driver records, applications, consents, verification correspondence, and documents. You grant us a limited, non-exclusive license to host, process, transmit, and display that data solely to provide and support the service, to comply with law, and to maintain security. We may use aggregated, de-identified usage statistics (never driver records) to operate and improve the platform. Our subprocessors are listed in the Privacy Policy.

The service uses machine-learning features — including large-language-model analysis of inbound verification replies — to suggest matches and extract response details. These outputs are assistive suggestions, may be inaccurate, and are presented for human review inside the product; the Customer is responsible for reviewing them before relying on them in a compliance file. We do not permit our AI providers to use your data to train their models.

You will not, and will not permit anyone to:

• use the service to send unlawful, deceptive, or harassing communications, or misrepresent the sender of any inquiry;
• launch verifications about individuals without a lawful hiring-related basis and required authorization;
• probe, disrupt, or overload the service, bypass rate limits or access controls, or access another customer’s data;
• scrape the service, resell it, or offer it as a bureau service to third parties without a written agreement;
• reverse engineer the software except where that restriction is prohibited by law; or
• upload malicious code or content you lack rights to.

CDLVOE provides software that carriers use to conduct their own § 391.23 investigations directly with previous employers. CDLVOE, Inc. is not a consumer reporting agency as defined by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), and the service does not furnish consumer reports. The Customer agrees not to represent otherwise and remains responsible for its own obligations, if any, under the FCRA and applicable state law when it obtains or uses background information about drivers, including any obligations that arise independently of the service.

We own the service, software, and everything we make available under it other than Customer data. These Terms grant no rights except the limited right to use the service during your subscription. If you send us feedback or suggestions, we may use them without restriction or obligation.

Each party will protect the other’s non-public information with at least reasonable care, use it only as needed to perform under these Terms, and not disclose it except to those who need it and are bound to confidentiality, or where disclosure is required by law with notice where lawful.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT PREVIOUS EMPLOYERS WILL RESPOND, OR THAT USE OF THE SERVICE WILL RESULT IN COMPLIANCE WITH ANY LAW OR REGULATION. SUPPORT RESPONSE TARGETS SHOWN ON THE PRICING PAGE ARE GOALS, NOT CREDIT-BACKED SERVICE LEVELS, UNLESS SET OUT IN A SIGNED ENTERPRISE AGREEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE FEES THE CUSTOMER PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO THE CUSTOMER’S PAYMENT OBLIGATIONS, EITHER PARTY’S CONFIDENTIALITY BREACH, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.

The Customer will defend and indemnify CDLVOE against third-party claims arising from the Customer’s data, its verification requests (including any launched without required driver authorization), or its violation of law or these Terms. We will defend and indemnify the Customer against third-party claims that the service, as provided by us and used as permitted, infringes a U.S. patent, copyright, or trademark.

These Terms are governed by the laws of the State of Nebraska, without regard to conflict-of-law rules. The parties will first attempt in good faith to resolve any dispute informally; failing that, exclusive venue lies in the state and federal courts located in Douglas County, Nebraska, and each party consents to their jurisdiction.

We improve the service continuously and may add, change, or retire features, provided we do not materially reduce the core functionality of your plan during a paid term. We may update these Terms; material changes will be notified in the product or by email at least 14 days before they take effect, and continued use after the effective date constitutes acceptance.

These Terms plus your order and the Privacy Policy are the entire agreement and supersede prior discussions. Neither party is liable for delay or failure caused by events beyond its reasonable control. You may not assign this agreement without our consent except to a successor in a merger or asset sale; we may assign it to an affiliate or successor. If a provision is unenforceable, the rest remains in effect; waiver of one breach is not waiver of another. Questions about these Terms: privacy@cdlvoe.com.