Terms of Use & End User License Agreement

Last updated: July 2, 2026

These Terms of Use and End User License Agreement (collectively, the “Agreement” or “EULA”) govern your access to and use of software, websites, and related services offered by Throtl Technology LLC (“Throtl,” “we,” “us,” or “our”), including without limitation mobile and web applications, dashboards, APIs, and any updates or supplements (collectively, the “Services”). Software made available through the Apple App Store is the “Licensed Application” within the meaning of this Agreement. By downloading, installing, accessing, or using the Services, you agree to this Agreement. If you do not agree, do not use the Services.

Our Privacy Policy describes how we collect and use personal information and is incorporated into this Agreement by reference.

1. Eligibility

You represent and warrant that you: (a) are at least eighteen (18) years of age and have the legal capacity to enter into this Agreement; (b) are a resident of the United States; (c) will use the Services only while located in the United States unless we expressly authorize otherwise in writing; and (d) are not barred from using the Services under applicable law. The Services are not intended for minors. If you do not meet these requirements, you must not access or use the Services.

2. License to the software

Subject to your compliance with this Agreement, Throtl grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the executable form of our software solely for your internal business or personal operations in connection with the Services, and solely for users who meet Section 1. You may not rent, lease, sell, sublicense, distribute, or otherwise commercialize the Services except as we expressly permit.

With respect to the Licensed Application obtained through the Apple App Store, the license granted to you is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing where applicable.

You will not (and will not permit others to): copy except as allowed by law; reverse engineer, decompile, or disassemble except where prohibited by law; circumvent technical measures; probe, scan, or test vulnerabilities; interfere with or disrupt the Services; use the Services to develop a competing product; remove proprietary notices; or use the Services in violation of law or third-party rights.

3. Licensed Application (Apple App Store)

The following terms apply to the Licensed Application and are required for distribution through the Apple App Store. If there is a conflict between this Section 3 and another section of this Agreement with respect to the Licensed Application, this Section 3 controls for the Licensed Application only.

3.1 Acknowledgement

You and Throtl acknowledge that this EULA is concluded between you and Throtl only, and not with Apple Inc. (“Apple”), and that Throtl, not Apple, is solely responsible for the Licensed Application and the content thereof. This EULA may not provide for usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions as of the effective date of this Agreement, which Throtl acknowledges it has had the opportunity to review.

3.2 Maintenance and support

Throtl is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement or as required under applicable law. You and Throtl acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.

3.3 Warranty

Throtl is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in this Agreement. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Throtl’s sole responsibility.

3.4 Product claims

You and Throtl acknowledge that Throtl, not Apple, is responsible for addressing any claims of yours or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. This EULA does not limit Throtl’s liability to you beyond what is permitted by applicable law.

3.5 Intellectual property rights

You and Throtl acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, Throtl, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

3.6 Legal compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

3.7 Third-party terms of agreement

You must comply with applicable third-party terms of agreement when using the Licensed Application. For example, if you use the Licensed Application over a mobile network, you must not be in violation of your wireless data service agreement when using the Licensed Application.

3.8 Third-party beneficiary

You and Throtl acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

4. Accounts and security

If the Services require an account, you must provide accurate information and safeguard your credentials. You are responsible for activity under your account. Notify us promptly of unauthorized use.

5. SMS and text messaging program

Throtl operates an SMS/text messaging program to deliver transactional and service-related communications to users who choose to receive them. This section describes that program and supplements the general terms above.

Types of messages. If you opt in, you may receive SMS messages related to your Throtl account and organizations you belong to, including account invitations, organization membership notifications, and service or operational alerts. Messages may contain embedded links to Throtl content (for example, links to locations or other resources within the Services, such as https://app.throtltech.com/locations/{id}). Messages do not include phone numbers, lending content, or age-restricted content.

Opt-in. You opt in to receive SMS messages by enabling SMS notifications in your account settings after verifying your account (including verification of your mobile phone number). Your consent is not required as a condition of purchasing any goods or services. By opting in, you confirm that you are the account holder or authorized user of the mobile number you provide and that you agree to receive automated SMS messages from Throtl at that number.

Opt-out. You may opt out at any time by disabling SMS notifications in your account settings or by replying STOP to any message from Throtl. After you opt out, we will send a one-time confirmation and will not send further SMS messages unless you opt in again.

Help. For help with SMS messages, reply HELP to any message from Throtl, or contact support@throtltech.com or +1 (724) 705-7652.

Message frequency and charges. Message frequency varies depending on your account activity, organization membership, and notification settings. Message and data rates may apply. Check with your mobile carrier for details.

Our Privacy Policy describes how we collect, use, and protect mobile phone numbers and other information in connection with SMS messaging, including that mobile phone numbers collected for SMS/text messaging purposes will not be shared or sold to third parties for marketing purposes.

6. Informational use only; no reliance

The Services are provided for general informational and operational convenience only. Nothing in the Services constitutes legal, regulatory, engineering, safety, routing, dispatch, insurance, financial, or other professional advice. You are solely responsible for decisions regarding vehicle operation, routing, compliance with motor carrier rules, environmental rules, road use agreements, bonding and permitting, load securement, workplace safety, and all other operational and legal obligations.

The Services may present or derive information from various sources, including third-party data, user contributions, automated processing, and estimated or inferred values. Such information may be incomplete, inaccurate, delayed, outdated, misinterpreted, or wrong for your specific situation. Posted road limits, bonding records, permit references, routes, maps, geospatial depictions, traffic or road conditions, notifications, alerts, hazard reports, estimated times or distances, and similar content are not guaranteed and must not be relied upon as the sole basis for any action.

7. Your duty to verify

You must independently verify all information material to safety, legality, and operations before acting, including by reference to official postings, signage, permits, orders, contracts, your employer’s instructions, and applicable government and carrier requirements. You agree that you will not treat the Services as authoritative and that you will use sound judgment, training, and independent confirmation in all cases.

8. Assumption of risk; high-risk activities

Operating commercial vehicles, entering work sites, and performing oilfield and transportation activities involve inherent risks. You voluntarily assume all risks arising from your use of the Services and from activities you undertake in connection with them. To the fullest extent permitted by law, you agree that Throtl is not responsible for any incidents, accidents, fines, penalties, delays, losses, injuries, or damages arising from or related to your use of the Services or reliance on any information they provide.

9. Third-party data and services

The Services may rely on or display data, maps, routing engines, hosting, communications, analytics, or other functionality provided by third parties. Those providers may impose additional terms. Third-party content is provided for convenience only and may be subject to errors or licensing restrictions. Throtl does not control and is not responsible for third-party services or data.

10. No warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THROTL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

Section 3.3 governs warranty obligations specific to the Licensed Application obtained through the Apple App Store. Some jurisdictions do not allow certain disclaimers; in those jurisdictions, disclaimers apply to the fullest extent permitted.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THROTL OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THROTL’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO THROTL FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100) IF NO FEES WERE PAID.

Nothing in this Section 11 limits Throtl’s liability to you beyond what is permitted by applicable law with respect to the Licensed Application, as stated in Section 3.4. Some jurisdictions do not allow certain limitations; in those jurisdictions, limits apply to the fullest extent permitted.

12. Indemnity

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Throtl and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: your use of the Services; your violation of this Agreement; your violation of law or third-party rights; or your negligence or willful misconduct.

13. Enforcement and suspension

We may suspend or terminate access to the Services, with or without notice, if we reasonably believe you violated this Agreement, create risk or legal exposure for us, or for operational or security reasons.

14. Changes

We may modify the Services or this Agreement. If we make material changes, we will provide notice as appropriate (for example, by posting an updated Agreement and revising the “Last updated” date). Your continued use after changes become effective constitutes acceptance. If you do not agree, stop using the Services.

15. Governing law; venue; class action waiver

This Agreement is governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles. You and Throtl consent to the exclusive jurisdiction and venue of the state and federal courts located in Washington County, Pennsylvania for any dispute arising out of or relating to the Services or this Agreement, subject to applicable law.

To the fullest extent permitted by law, you and Throtl agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If a court finds this class action waiver unenforceable, the remainder of this Agreement remains in effect.

16. Export and sanctions

You will comply with U.S. export control and sanctions laws. You represent that you are not prohibited from using the Services under applicable sanctions or denied-party restrictions, including the representations in Section 3.6.

17. General

This Agreement constitutes the entire agreement between you and Throtl regarding the Services and supersedes prior understandings on that subject. If any provision is held invalid, the remaining provisions remain in effect. Throtl’s failure to enforce a provision is not a waiver. You may not assign this Agreement without our consent; we may assign it in connection with a merger, acquisition, or sale of assets. Sections intended to survive (including intellectual property, disclaimers, limitations of liability, indemnity, and governing law) survive termination.

18. Contact

Questions, complaints, or claims with respect to the Licensed Application or the Services should be directed to:

Throtl Technology LLC
2335 Jefferson Ave, Washington, Pennsylvania 15301-1419
Phone: +1 (724) 705-7652
Email: support@throtltech.com
Web: throtltech.com