Driver Terms of Service

Version: 2.0-draft  ·  Effective Date: To be set on publication

1. Acceptance of these Terms

These Driver Terms of Service (the “Terms”) are a contract between you and Bobcat Technology Consultants, LLC, doing business as Truked (“Truked,” “we,” “us,” or “our”). They govern your access to and use of the Truked platform (the “Service”) as an independent Driver.

By tapping “I Agree,” completing onboarding, or accepting any Job, you agree to these Terms, our Privacy Policy, the FCRA Disclosure and Authorization, and the Independent Contractor Agreement (if a separate document applies), each of which is incorporated by reference. If you do not agree, do not use the Service.

These Terms contain a mandatory arbitration clause and class-action waiver in Section 18. You have a right to opt out of arbitration as described in that section.

2. Eligibility

To use the Service as a Driver you must:

• Be at least 18 years old (21 if your state or vehicle type requires it).
• Hold a valid, unexpired U.S. driver’s license.
• Own or have lawful primary use of a pickup truck (or larger vehicle) meeting Truked’s vehicle requirements (Section 9).
• Maintain active, qualifying automobile and cargo insurance as described in Section 8.
• Pass a background check and motor-vehicle-record check conducted under the FCRA (Section 7).
• Have the legal right to work in the United States.
• Complete any required training modules listed in the app.

The Service is offered only to Drivers operating in the United States.

3. Definitions

• “Driver,” “you,” “your” — an independent contractor who has been approved to accept Jobs through the Service.
• “Customer” — a person who books a delivery through the Service.
• “Job” — a single delivery request from a Customer.
• “Service” — the Truked mobile app and related services used to accept, complete, and get paid for Jobs.
• “Reserved Job” — a Scheduled Job that you have claimed in advance but have not yet started.

4. Independent Contractor Status

You are an independent contractor, not an employee, agent, partner, joint venturer, or franchisee of Truked. The parties intend this status for all purposes, including federal, state, and local tax, employment, and benefits law.

Consistent with that status:

• You control your own schedule. You decide when to go online, which Jobs to accept or decline, and when to stop working. There is no minimum number of hours, Jobs, or days.
• You use your own vehicle and equipment. Truked does not provide any vehicle, equipment, fuel, or supplies.
• You control your methods. Truked specifies pickup and drop-off addresses; routing, driving technique, and order-of-operations decisions are yours. Truked does not dictate your route or driving methodology.
• You are free to work for other platforms. Nothing in these Terms prevents you from driving for other delivery services, ride-share platforms, or any other work simultaneously or consecutively.
• No exclusivity. Truked does not require exclusivity and does not promise a minimum volume of Jobs.
• You are responsible for your own taxes. You will receive IRS Form 1099-NEC from Truked (or Stripe on our behalf) if you earn $600 or more in a calendar year. You are responsible for all federal, state, and local income, self-employment, and other taxes. Truked does not withhold taxes.
• No employee benefits. Truked does not provide workers’ compensation, unemployment insurance, disability insurance, health insurance, retirement contributions, paid leave, or other employee benefits.
• You are not an agent of Truked. You may not represent yourself as an employee or agent of Truked, use Truked’s name or marks beyond identifying yourself as a Driver on the platform, or bind Truked to any agreement.

You agree to defend and indemnify Truked against any claim that you were misclassified as an employee, including all back taxes, penalties, interest, and attorney’s fees.

5. Your Account

You must create an account with accurate, current, and complete information and keep it current. You are responsible for maintaining the confidentiality of your credentials. Notify us immediately at support@truked.com of any suspected unauthorized access.

6. Training

Before accepting Jobs, and from time to time thereafter, Truked may require you to complete short training modules in the app (for example, safe lifting, customer interaction, platform use). Training is related to platform use and safety, not to instructing you on delivery methodology. Completion is required to accept Jobs.

7. Background Checks (FCRA)

Truked obtains consumer reports, including motor-vehicle-record reports and criminal-history reports, about you from Checkr, Inc., a Consumer Reporting Agency under the federal Fair Credit Reporting Act (FCRA) and applicable state laws.

Before any report is obtained, Truked provides you with a separate FCRA Disclosure and Authorization document and obtains your written authorization. Reports may be obtained at onboarding and periodically thereafter during your engagement with the Service, to the extent permitted by the authorization you sign.

If Truked intends to take adverse action based on a report (for example, deactivation), Truked follows the pre-adverse action and adverse action notice procedures required by the FCRA, including providing you with a copy of the report and a Summary of Your Rights under the FCRA.

8. Insurance Requirements

You are solely responsible for maintaining appropriate insurance coverage on every vehicle you use for Truked Jobs. Your personal automobile insurance will typically not cover commercial or for-hire delivery activity; you are responsible for confirming that your policy covers all Truked-related use.

Minimum coverage required:

Your policy must (a) be in your name or your business entity’s name, (b) cover commercial delivery activity, and (c) name Bobcat Technology Consultants, LLC d/b/a Truked as an additional insured or certificate holder. [ATTORNEY NOTE: confirm whether additional-insured is required under NC law and Truked’s risk posture.]

You must upload a current insurance certificate at onboarding, at every policy renewal, and on request. A lapse, cancellation, or material change in coverage must be reported to Truked immediately. Failure to maintain valid insurance will result in immediate deactivation from the platform and may be grounds for termination of these Terms.

Truked may, at its discretion, maintain a contingent or excess policy that applies only after your primary insurance is exhausted or denied. That policy, if any, is not a substitute for your primary insurance, and its availability or terms may change without notice. No policy maintained by Truked is made for your benefit.

9. Vehicle and Equipment Requirements

Your vehicle must:

• Be a pickup truck or larger vehicle in safe, road-worthy condition.
• Have a valid registration and up-to-date inspection (if required in your state).
• Be free of any safety recalls that have not been addressed.
• Carry appropriate tie-downs, straps, blankets, or padding sufficient to secure typical loads.

You must also carry a smartphone capable of running the Truked app and maintain it with working data service throughout each Job.

Truked may inspect or require inspection of your vehicle at any time.

10. Accepting and Performing Jobs

10.1 Accepting on-demand and Scheduled Jobs

Jobs appear in the Truked app along with pickup and drop-off locations, item description, customer photo, and estimated pay. You are free to accept or decline any Job for any reason.

Scheduled Jobs are booked for a future time. You may “reserve” a Scheduled Job in advance, in which case you are committing to begin the Job at or near the scheduled time. You will receive reminder notifications before the scheduled pickup.

10.2 Starting a Job

For on-demand Jobs, “accepting” begins the Job and notifies the Customer that you are on your way. For Reserved (Scheduled) Jobs, you tap Start Job within a reasonable window of the scheduled time; this notifies the Customer that you are on your way.

10.3 Load verification and pickup photo

Before leaving the pickup location, you must complete the in-app Load Verification checklist and upload a Pickup Photo of the load. The photo creates a record of what was actually picked up and supports dispute resolution.

10.4 Quote adjustment at pickup

If the load at pickup materially differs from what the Customer described at booking (different size category, additional items, unreachable inside delivery), you may propose an adjusted price through the app before starting transport. The Customer may accept (the Job proceeds at the new price) or reject (the Job is cancelled; you are paid $25 for your time).

You agree to use this process only in good faith and only when the load materially differs from what was described. Abuse of quote adjustment is grounds for deactivation.

10.5 Delivery and proof of delivery

At drop-off you must upload a Delivery Photo showing the delivered items at the drop-off location and tap Mark Complete in the app. Payment is captured at this point.

11. Driver Cancellation of a Claimed Job

You may cancel a Job you have reserved or accepted (but not yet started loading) through the in-app Cancel Job flow. A reason is required. When you cancel, the Job is returned to the pool for another Driver.

Truked may track cancellation rates. Excessive or abusive cancellations (for example, cherry-picking, repeated late-stage cancellations, or cancelling after receiving tip information) may result in a cooldown, reduced Job access, or deactivation.

Cancellations after the load has been verified (status: in progress) are not permitted through the self-service cancel flow. Contact support@truked.com immediately in case of emergency.

12. Payment and Payouts

12.1 Pay structure

You receive:

• 85% of the subtotal for each Job (Truked’s 15% platform fee is deducted from the Customer’s Fee).
• 100% of any tip added by the Customer.
• $15 cancellation fee paid in full to you if the Customer cancels after you have accepted the Job and before you start loading.
• $25 adjustment-rejection fee paid to you if the Customer rejects your good-faith quote adjustment at pickup.
• Reimbursement of pre-approved out-of-pocket costs (tolls, parking, store loading fees) documented at the time they are incurred.

Exact amounts for each Job are shown in the app before you accept.

12.2 Payout schedule

Payouts are processed via Stripe Connect on Mondays and Thursdays (twice weekly) for Jobs completed in the preceding period. You are responsible for connecting and maintaining a valid Stripe Connect account, including providing tax identification and bank account information.

12.3 Taxes

You are responsible for all federal, state, and local taxes on your earnings. Truked (or Stripe on our behalf) will issue an IRS Form 1099-NEC if you earn $600 or more in a calendar year.

13. Conduct and Professionalism

You agree:

• To be courteous, professional, and sober on every Job.
• Not to use or be under the influence of alcohol, cannabis, or any impairing substance while performing a Job.
• Not to use a mobile device to text, video-call, or engage in any activity that constitutes distracted driving under applicable law.
• To dress appropriately for customer-facing work.
• Not to harass, threaten, insult, or discriminate against any Customer on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, or any other protected characteristic.
• Not to solicit Customers for off-platform work or otherwise circumvent the Service to avoid the platform fee.
• Not to share, record, or distribute Customer personal information, addresses, images, or conversations outside of what is necessary to complete the Job.
• To comply with all traffic laws, store policies, and delivery instructions.
• To use safe lifting techniques and to decline any item that cannot be safely moved.

14. Prohibited Items

You may not accept a Job involving any item listed in the Customer Terms of Service as a Prohibited Item, including hazardous materials, firearms, alcohol, tobacco, controlled substances, live animals, perishable foods requiring temperature control, or any item whose transport would violate law. If you discover a Prohibited Item at pickup, you must refuse the Job. You will receive the $25 adjustment-rejection fee. Report the incident through support@truked.com.

15. Customer Data and Privacy

In the course of performing Jobs you will receive Customer personal information (name, phone, addresses, photos, items description). You agree:

• To use that information only to perform the Job.
• Not to retain, copy, share, post, or distribute Customer information after the Job is complete.
• Not to contact Customers outside the Service for any reason after the Job is complete.
• To comply with Truked’s Privacy Policy and applicable privacy law.

Violations are grounds for immediate deactivation and may expose you to personal legal liability.

16. Deactivation and Termination

16.1 Grounds for deactivation

Truked may suspend or deactivate your account, with or without prior notice, for any of the following (non-exhaustive) reasons:

• Lapsed, cancelled, or inadequate insurance
• Background-check findings, in accordance with FCRA adverse-action procedures
• Repeated Customer complaints, low ratings, or documented service failures
• Excessive or abusive cancellations
• Abuse of the quote-adjustment feature
• Violation of Section 13 (Conduct) or Section 14 (Prohibited Items)
• Violation of any other section of these Terms
• Safety-related incident (accident, injury) pending investigation
• Suspected fraud or illegal activity
• Inactivity for an extended period (12+ months)
• Any reason Truked reasonably believes continued access poses risk to Customers, other users, or Truked

16.2 Termination by you

You may terminate your engagement at any time by deactivating your account in the app (Profile → Delete Account) or by emailing support@truked.com. Pending Jobs must be completed or handed off to support before termination.

16.3 Appeal

If you believe your deactivation was in error, you may appeal by emailing support@truked.com within 14 days. Truked will review and respond within 14 business days.

16.4 Survival

Sections that by their nature survive termination (including Sections 4, 7, 15, 17, 18, 19, and 21) remain in effect.

17. Indemnification

You agree to defend, indemnify, and hold harmless Truked, its affiliates, officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of or related to:

• Any Job you perform or fail to perform
• Any bodily injury, property damage, or death caused by you during or related to a Job
• Any violation of traffic, vehicle, or other law by you
• Any misuse of Customer information
• Any misclassification claim you assert against Truked
• Any tax obligation that is your responsibility under Section 4
• Any breach of these Terms

Truked reserves the right to assume exclusive defense and control of any matter subject to indemnification.

18. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TRUKED EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Truked does not warrant a minimum volume of Jobs, minimum earnings, uninterrupted Service, or any particular Customer behavior.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Truked’s total aggregate liability to you for any claim arising out of or relating to the Service is limited to the greater of (a) the amount Truked has paid to you in the 12 months preceding the claim, or (b) $100.

TRUKED IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, including lost profits, lost earnings, business interruption, or lost data.

20. Dispute Resolution — Arbitration and Class Action Waiver

20.1 Informal resolution first

Before filing any formal claim, you agree to contact us at support@truked.com with a written description of the dispute and attempt to resolve it informally for 30 days. Neither party may initiate arbitration until the 30-day period has passed.

20.2 Mandatory arbitration

Except as set out in Section 20.4, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with Truked (a “Dispute”) will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Employment/Workplace Arbitration Rules (or AAA’s Consumer Rules if Employment Rules do not apply), available at www.adr.org.

The arbitration will take place in Mecklenburg County, North Carolina, or telephonically at your option. The arbitrator’s decision is final and may be entered in any court of competent jurisdiction.

Truked pays the arbitration filing fee and arbitrator’s fee to the extent required by AAA rules for employment or consumer disputes. Each party pays its own attorney’s fees unless the arbitrator awards otherwise under applicable law.

20.3 Class action waiver

You and Truked agree that Disputes will be resolved only on an individual basis, not as a class, collective, or representative action. You waive the right to participate in a class action, class-wide arbitration, or PAGA representative action, to the extent permitted by law.

20.4 Carve-outs

• Small claims court remains available for individual claims that qualify.
• Injunctive relief for misuse of intellectual property or breach of confidentiality may be sought in court.
• Sexual assault and sexual harassment claims are not subject to this arbitration provision per the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. §§ 401-402).
• Workers’ compensation, unemployment insurance, and state disability insurance benefits disputes are not subject to arbitration and must be pursued through the relevant state agency.

20.5 Opt-out right

You may opt out of this arbitration provision by sending written notice to support@truked.com within 30 days of first accepting these Terms. The notice must include your full name, the email address associated with your Driver account, and a clear statement that you are opting out of arbitration. Opting out will not affect the rest of these Terms.

20.6 Special provisions for California Drivers

If you perform Jobs in California, California Labor Code § 432.6 and related law may affect the enforceability of mandatory arbitration for certain claims. The parties will comply with applicable California law. [ATTORNEY NOTE: this section needs state-specific drafting if Truked operates in California.]

20.7 Survival

Section 20 survives termination of these Terms.

21. Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to conflict of laws principles. Subject to Section 20, any judicial action must be filed in the state or federal courts located in Mecklenburg County, North Carolina, and you consent to that jurisdiction and venue.

22. Electronic Communications and Notices

You consent to receive communications from Truked electronically (email, push notification, in-app message). Electronic communications satisfy any legal requirement that a communication be in writing.

To give Truked formal written notice, use:

Bobcat Technology Consultants, LLC d/b/a Truked 13016 Eastfield Rd, STE B200-240, Huntersville, NC 28078 Email: support@truked.com

23. Force Majeure

Truked is not liable for delay or failure to perform caused by events beyond our reasonable control, including acts of God, pandemics, natural disasters, labor disputes, utility or network outages, governmental action, or war.

24. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will notify you at least 14 days before the change takes effect by email or in-app notice and prompt you to re-accept. Your continued use after the effective date indicates acceptance.

25. Severability; Entire Agreement; Assignment

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. If the Class Action Waiver in Section 20.3 is found unenforceable in any respect, the arbitration provision in Section 20.2 is also void as to the affected claims and those claims must be brought in court.

These Terms, together with the Privacy Policy, the FCRA Disclosure and Authorization, and any Independent Contractor Agreement signed during onboarding, constitute the entire agreement between you and Truked regarding the Service and supersede any prior understandings. You may not assign these Terms. Truked may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.

26. Contact

Bobcat Technology Consultants, LLC d/b/a Truked 13016 Eastfield Rd, STE B200-240, Huntersville, NC 28078 Email: support@truked.com

This document is a DRAFT prepared for legal review. It is not legal advice. A qualified employment and privacy attorney should review and customize this document, including state-specific provisions for each state in which Truked operates, before it is published.