Terms of Service
Last updated: January 14, 2025
1. Acceptance of Terms
By accessing or using the Trucky™ mobile application, website, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.
These Terms constitute a legally binding agreement between you and AI CYBER AUSTRALIA PTY LTD ("Company," "we," "our," or "us"), the owner and operator of Trucky™. We may modify these Terms at any time, and your continued use of the Services constitutes acceptance of any modifications.
2. Eligibility
To use our Services, you must:
- Be at least 18 years of age.
- Hold a valid commercial driver's license (CDL) if using driver-specific features.
- Have the legal authority to enter into this agreement.
- Not be prohibited from using our Services under applicable laws.
3. Account Registration
To access certain features, you must create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information.
- Maintain and promptly update your account information.
- Keep your login credentials secure and confidential.
- Accept responsibility for all activities under your account.
- Notify us immediately of any unauthorized access or security breach.
We reserve the right to suspend or terminate accounts that violate these Terms or contain inaccurate information.
4. Services Description
Trucky™ provides a logistics platform that includes:
- Smart Navigation: Truck-specific routing and navigation optimized for commercial vehicles.
- Voice Assistant: Hands-free voice control and AI-powered assistance.
- Fleet Control: Fleet management tools including vehicle tracking, driver management, and analytics.
- Document Scanner: AI-powered document scanning and management.
- Service Locator: Finding truck stops, service centers, and insurance providers.
5. Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Violate any applicable laws, regulations, or third-party rights.
- Use the Services while driving in a manner that impairs your ability to operate a vehicle safely.
- Provide false, misleading, or fraudulent information.
- Attempt to gain unauthorized access to our systems or other users' accounts.
- Interfere with or disrupt the Services or servers.
- Reverse engineer, decompile, or attempt to extract source code from the Services.
- Use automated systems (bots, scrapers) to access the Services without permission.
- Resell, redistribute, or sublicense the Services without authorization.
- Use the Services to transmit malware, spam, or harmful content.
6. Safety and Driving
IMPORTANT: Your safety and the safety of others is paramount.
- Always obey traffic laws and regulations, even if they conflict with navigation guidance.
- Do not interact with the app while driving. Use voice commands or pull over safely.
- Navigation suggestions are for guidance only and do not replace your judgment as a professional driver.
- You are solely responsible for verifying route suitability, including bridge heights, weight limits, and road restrictions.
- Trucky™ is not liable for any accidents, violations, or damages resulting from your use of navigation features.
7. Subscription and Payments
7.1 Pricing
Some features require a paid subscription. Prices are displayed in the app and may vary by region. We reserve the right to change pricing with reasonable notice.
7.2 Billing
Subscriptions are billed in advance on a recurring basis (monthly or annually). Your payment method will be charged automatically at the start of each billing period.
7.3 Cancellation
You may cancel your subscription at any time through the app or app store settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods.
7.4 Free Trials
Free trials may be offered at our discretion. If you do not cancel before the trial ends, you will be automatically charged for the subscription.
8. Intellectual Property
8.1 Our Rights
All content, features, and functionality of the Services—including software, text, graphics, logos, icons, images, audio, and data—are owned by Trucky™ or our licensors and are protected by intellectual property laws.
8.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal or internal business purposes, subject to these Terms.
8.3 Your Content
You retain ownership of content you submit through the Services. By submitting content, you grant us a worldwide, royalty-free, perpetual license to use, modify, reproduce, and distribute that content for operating and improving our Services.
9. Privacy
Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and share your information. By using our Services, you consent to our data practices as described in the Privacy Policy.
10. Third-Party Services
Our Services may integrate with or link to third-party services (e.g., map providers, payment processors, ELD systems). We are not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services is subject to their respective terms and privacy policies.
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Services will be uninterrupted, secure, or error-free.
- Navigation data, routes, or information will be accurate or complete.
- The Services will meet your specific requirements.
- Any defects will be corrected.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AI CYBER AUSTRALIA PTY LTD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:
- Your use or inability to use the Services.
- Any errors, inaccuracies, or omissions in navigation or content.
- Unauthorized access to your data or account.
- Any third-party conduct or content.
- Any other matter relating to the Services.
Our total liability for any claims arising from these Terms or the Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless AI CYBER AUSTRALIA PTY LTD and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Services.
- Your violation of these Terms.
- Your violation of any third-party rights.
- Any content you submit through the Services.
14. Dispute Resolution
14.1 Governing Law
These Terms are governed by the laws of Australia, without regard to conflict of law principles.
14.2 Arbitration
Any disputes arising from these Terms or the Services shall be resolved through binding arbitration, except where prohibited by law. You waive the right to participate in class actions or class arbitrations.
14.3 Exceptions
Either party may seek injunctive relief in court for intellectual property violations or unauthorized access to the Services.
15. Termination
We may suspend or terminate your access to the Services at any time, with or without cause or notice. Upon termination:
- Your license to use the Services immediately ends.
- You must cease all use of the Services.
- We may delete your account and data (subject to our retention policies).
- Provisions that should survive termination (e.g., liability limitations, indemnification) will remain in effect.
16. General Provisions
16.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and AI CYBER AUSTRALIA PTY LTD regarding the Services.
16.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
16.3 Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
16.4 Assignment
You may not assign or transfer your rights under these Terms without our consent. We may assign our rights without restriction.
17. Contact Us
If you have questions about these Terms, please contact us:
- Email: legal@aicybermedia.com.au
- Support: support@aicybermedia.com.au