Driver Terms and Conditions

Version: 3.0  ·  Effective Date: August 3, 2026

1. DRIVER TERMS AND CONDITIONS

These Driver Terms and Conditions, together with any policies, guidelines, addenda, rate schedules, safety standards, insurance requirements or supplemental terms referenced herein (collectively, these “Driver Terms”), govern your access to and use of the Truked mobile application, website, platform, technology, content, features and related services (collectively, the “Service”) as a Driver.

The Service is operated by Bobcat Technology Consultants, LLC, doing business as Truked (“Truked,” “Company,” “we,” “us,” or “our”).

By creating a Driver account, applying to become a Driver, Accepting or Reserving a Job, performing transportation services, or otherwise using the Service as a Driver, you agree to be bound by these Driver Terms. If you do not agree to these Driver Terms, you may not use the Service as a Driver.

These Driver Terms supplement Truked’s User Terms and Conditions, Privacy Policy, and any other applicable Truked policies. By accepting these Driver Terms, you also acknowledge that you have received, reviewed, and agree to be bound by Truked’s User Terms and Conditions, which are incorporated into these Driver Terms by reference. If there is a conflict between these Driver Terms and the User Terms and Conditions with respect to your use of the Service as a Driver, these Driver Terms will control.

These Driver Terms contain important provisions, including limitations of liability, disclaimers, indemnification obligations, insurance requirements, and dispute resolution procedures, among others. Please read them carefully.

2. OVERVIEW OF THE SERVICE

Truked operates a marketplace platform that connects Customers seeking transportation of bulky items, goods, or other permissible personal property with independent contractor Drivers who own, lease, or otherwise lawfully operate vehicles permitted by Truked.

Truked provides the technology platform through which Customers may request transportation services and Drivers may choose to Accept or Reserve Jobs. Truked does not provide transportation services, moving services, delivery services, logistics services, freight brokerage services, carrier services, household goods moving services, or motor carrier services.

When a Customer requests a Job and a Driver Accepts or Reserves that Job through the Service, the Customer and Driver enter into a direct contractual relationship with each other for the performance of the requested transportation service. Truked is not a party to that contract.

Truked may provide technology, communications tools, pricing information, payment processing functionality, ratings, reviews, support resources, claims administration, and other platform features, but such involvement does not make Truked a transportation provider, carrier, mover, broker, bailee, insurer, guarantor, employer of any Driver, or party to any Customer-Driver contract.

3. DEFINITIONS

For purposes of these Driver Terms:

4. RELATIONSHIP TO GENERAL USER TERMS

These Driver Terms apply specifically to your use of the Service as a Driver. You are also subject to Truked’s User Terms and Conditions, Privacy Policy, and any additional policies, guidelines, or supplemental terms referenced by Truked.

To the extent there is a conflict between these Driver Terms and the User Terms and Conditions regarding your use of the Service as a Driver, these Driver Terms will control with respect to the Driver-specific subject matter addressed herein.

The User Terms and Conditions remain applicable to your general use of the Service, including provisions relating to account security, prohibited conduct, User Content, privacy, intellectual property, disclaimers, dispute resolution, governing law, and other generally applicable terms, except to the extent expressly modified by these Driver Terms. Additional policies, guidelines, rate schedules, safety standards, insurance requirements, app-store terms, claims-process rules, support procedures, or other supplemental terms may also apply to Drivers or specific Jobs, features, services, or transactions. Unless expressly stated otherwise, these Driver Terms control Driver-specific matters, the User Terms and Conditions control general platform use, and any more specific policy, guideline, schedule, standard, procedure, rule, or supplemental term controls the specific subject matter it addresses.

Nothing in these Driver Terms limits Truked’s rights or remedies under the User Terms and Conditions, Privacy Policy, or any other applicable policy.

5. DRIVER ELIGIBILITY

To use the Service as a Driver, you represent, warrant and agree that:

  1. you are at least twenty-one (21) years old and have at least three (3) years of driving experience, or meet any higher age or experience requirement required by applicable law, Truked policy, or applicable insurance requirements;

  2. you are legally capable of entering into binding contracts;

  3. you have and will maintain a valid driver’s license appropriate for the vehicle and services you provide;

  4. you own, lease, or otherwise lawfully operate a vehicle permitted by Truked for use on the Service;

  5. your vehicle is properly registered, inspected, insured, maintained, and legally authorized for the transportation activities you perform;

  6. you have and will maintain all licenses, permits, registrations, approvals, insurance, and other authorizations required by applicable law;

  7. you have and will maintain valid personal automobile insurance for each vehicle you use in connection with the Service, in at least the minimum amounts required by applicable law and these Driver Terms, together with any delivery, business use, or similar endorsement, rider, or coverage extension required by Truked or applicable law; you will provide proof of such insurance during onboarding and thereafter upon Truked’s request; and you will complete any insurance-related acknowledgement, certification, or attestation required by Truked;

  8. you are legally authorized to perform services as an independent contractor in each jurisdiction where you Accept, Reserve, or perform Jobs;

  9. all information, documents, certifications, and records you provide to Truked are accurate, current, complete, and not misleading;

  10. you will promptly update your Account information and provide updated documentation when requested; and

  11. your use of the Service and performance of Jobs will comply with these Driver Terms, the User Terms and Conditions, Truked policies, and all applicable laws.

Truked may approve, deny, suspend, restrict, deactivate, or terminate Driver access to the Service at any time, subject to applicable law.

6. DRIVER ACCOUNT AND ACCOUNT SECURITY

To use the Service as a Driver, you must create and maintain a Driver Account. You agree to provide accurate and complete information and to keep that information current.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Driver Account. You may not allow any other person, including an authorized helper, to access or use your Driver Account, Accept or Reserve Jobs under your Driver Account, perform Jobs using your Driver Account, or represent themselves as you. Truked’s written authorization of a helper does not authorize that helper to access your Driver Account or perform a Job without your presence.

You may not engage, permit, or use any helper, assistant, subcontractor, employee, passenger, or other person to assist with, participate in, or perform any portion of a Job, including loading, handling, transportation, unloading, or Inside Delivery, unless Truked has expressly authorized that person’s participation in writing. Any authorization may be subject to eligibility, identity-verification, background-check, insurance, safety, documentation, or other requirements established by Truked and may be withdrawn at any time.

You agree to notify Truked immediately of any unauthorized access to or use of your Driver Account.

Truked is not liable for any loss or damage arising from your failure to safeguard your Driver Account credentials.

7. DRIVER RESPONSIBILITIES

Drivers are solely responsible for their own conduct, vehicles, equipment, licenses, permits, insurance, taxes, expenses, legal compliance, and performance of Accepted or Reserved Jobs.

You are responsible for:

  1. reviewing Job details before Accepting or Reserving a Job;

  2. determining whether each Job can be safely, lawfully, and properly performed;

  3. ensuring your vehicle is suitable for the Job and has adequate capacity, condition, and equipment;

  4. arriving at pickup and delivery locations in a timely and professional manner;

  5. communicating respectfully and lawfully with Customers and Truked;

  6. safely loading, securing, transporting, and unloading items, subject to the scope of the Job and any applicable Inside Delivery add-on;

  7. refusing or cancelling any Job that cannot be safely or lawfully performed;

  8. complying with traffic, parking, safety, transportation, consumer protection, privacy, tax, insurance, and other applicable laws;

  9. complying with any applicable vehicle, cargo securement, commercial transportation, household goods, or local permitting requirements;

  10. promptly notifying Truked of delays, cancellations, access issues, safety concerns, accidents, Customer complaints, claims, damage, loss, theft, or disputes, including any issue that may give rise to a Customer claim under the User Terms and Conditions;

  11. completing all required in-app confirmations, photographs, proof-of-pickup, proof-of-delivery, or other Job-related steps;

  12. You may not permit any passenger or other person to ride in or occupy the vehicle while you are performing a Job, including while traveling to the pickup location, transporting Customer items, or traveling between pickup and delivery locations. This prohibition does not apply to a helper whom Truked has expressly authorized in writing to assist with the applicable Job or your Driver activities generally. Any authorized helper must comply with these Driver Terms and all conditions imposed by Truked, and may participate only within the scope of Truked’s written authorization;

  13. cooperating promptly with Truked’s reasonable requests for information relating to Jobs, disputes, Customer claims submitted within the time period required by the User Terms and Conditions, safety issues, fraud prevention, insurance, or legal compliance; and

  14. complying with these Driver Terms, the User Terms and Conditions, and all applicable Truked policies.

  15. You may not Accept, Reserve, perform, or continue any Job while impaired by alcohol, drugs, medication, fatigue, illness, or any other condition that could affect safe performance. You may not engage in distracted, reckless, unlawful, or unsafe driving, and you may not text or use a mobile device while driving except to the extent permitted by applicable law and consistent with safe vehicle operation. While performing a Job, you may not smoke, vape, carry unauthorized animals, weapons, unauthorized passengers, or unrelated cargo in any manner that could affect Customer items, safe performance, or compliance with these Driver Terms. You must comply with all traffic, parking, cargo securement, vehicle safety, and other applicable laws and requirements.

  16. You may not misrepresent your identity, qualifications, vehicle condition, insurance status, location, availability, Job status, or any other information provided to Truked or Customers.

8. BACKGROUND CHECKS AND VERIFICATION

Truked may, but is not required to, conduct identity verification, background checks, driving record checks, license verification, vehicle verification, insurance verification, sanctions screening, or other screening related to Drivers.

You authorize Truked and its service providers to collect, use, and verify information reasonably necessary to evaluate your eligibility to use the Service as a Driver, maintain platform safety, prevent fraud, administer payouts, investigate claims, and comply with law.

If required by applicable law, Truked will provide separate disclosures and obtain separate authorizations for any background check, consumer report, investigative consumer report, or similar screening.

You agree to promptly provide any information, documentation, or authorization reasonably requested by Truked for verification, compliance, safety, insurance, claims, or account administration purposes. As part of onboarding, and at any time upon Truked’s request, you must provide current, accurate, and complete proof of valid personal automobile insurance and, if required by Truked or applicable law, proof of any delivery, business use or similar endorsement, rider, or coverage extension, and complete any insurance-related acknowledgement, certification, or attestation required by Truked, including any attestation regarding your use of a personal vehicle for gig, delivery, or similar activities and the limitations of personal automobile insurance and Truked-maintained insurance.

Truked may use such proof of insurance to evaluate Driver eligibility, verify compliance with these Driver Terms, administer the Service, manage insurance-related requirements, investigate claims, and comply with applicable law.

Truked’s decision to conduct, not conduct, or rely on any screening does not create any warranty or guarantee regarding any Driver, vehicle, insurance, license, qualification, or Job.

9. INDEPENDENT CONTRACTOR RELATIONSHIP

You acknowledge and agree that you are an independent contractor and are not an employee, agent, representative, partner, joint venturer, franchisee, or worker of Truked.

Nothing in these Driver Terms, the User Terms and Conditions, or your use of the Service creates an employment relationship between you and Truked. You are not entitled to wages, salary, overtime, minimum wage guarantees, paid leave, employee benefits, workers’ compensation coverage, unemployment insurance, disability insurance, health insurance, retirement benefits, expense reimbursement, or any other employee benefit from Truked.

You retain control over whether, when, where, and how to use the Service, whether to Accept, Reserve, or decline Jobs, and how to perform Accepted or Reserved Jobs, subject to the Customer’s lawful requirements, these Driver Terms, applicable Truked policies, and applicable law.

You are not authorized to bind Truked, make representations on behalf of Truked, incur obligations on behalf of Truked, or hold yourself out as an employee, agent, representative, or authorized spokesperson of Truked.

10. NO EXCLUSIVITY

These Driver Terms do not create an exclusive relationship. You may provide services to other companies, platforms, customers, marketplaces, or businesses, including competitors of Truked, subject to your compliance with these Driver Terms.

Truked does not guarantee that any Jobs will be available, that you will receive any minimum volume of Jobs, or that your use of the Service will produce any particular level of earnings.

11. DRIVER CONTROL AND BUSINESS JUDGMENT

You are responsible for exercising your own business judgment in deciding whether to use the Service, whether to Accept or Reserve a Job, what vehicle and equipment to use, and whether a Job can be performed safely and lawfully.

You are solely responsible for providing and maintaining your own vehicle, equipment, tools, mobile device, data plan, fuel, insurance, licenses, permits, and other resources needed to perform Jobs.

You are responsible for all costs and expenses associated with your Driver activities unless Truked expressly agrees otherwise in writing.

You may refuse, cancel, or stop performing a Job if, in your reasonable judgment, the Job cannot be completed safely or lawfully, the Customer has materially misdescribed the Job, the items are prohibited or unsafe, required assistance is not available, the location or access route is unsafe, or performance would violate these Driver Terms, Truked policies, or applicable law.

12. JOB TYPES

Truked may make different types of Jobs available through the Service, including On-Demand Jobs and Scheduled Jobs:

  1. On-Demand Jobs: An On-Demand Job is a Job requested for prompt pickup and performance. Once the Customer’s payment method is authorized, Truked will attempt to match the Job with an available Driver.

  2. Scheduled Jobs: A Scheduled Job is a Job booked for a future pickup time. A Driver may Reserve a Scheduled Job in advance. Truked will notify the Customer when a Driver confirms the Reservation and may provide additional notifications, including when the Driver is on the way to the pickup location.

Truked does not guarantee that any Job will be available, that any Job will remain available, or that any Accepted or Reserved Job will be completed or paid if the Customer cancels, fails to appear, provides inaccurate information, or otherwise fails to satisfy applicable requirements.

13. JOB ACCEPTANCE, RESERVATION AND PERFORMANCE

Drivers may Accept, decline, or Reserve Jobs through the Service at their discretion, subject to availability and applicable Service functionality.

By Accepting or Reserving a Job, you agree to use commercially reasonable efforts to complete the Job in a safe, timely, professional, and lawful manner.

A Job is not confirmed until Accepted or Reserved by a Driver through the Service. Once you Accept or Reserve a Job, you and the Customer are responsible for coordinating performance of the Job, subject to these Driver Terms, the User Terms and Conditions, and applicable Truked policies.

By Reserving and/or Accepting a Job, you agree to:

  1. review the pickup and delivery locations, requested timing, item descriptions, photographs, service preferences, access conditions, and other Job details;

  2. confirm that your vehicle, equipment, ability, and availability are suitable for the Job;

  3. promptly notify Truked and the Customer of delays, cancellations, safety concerns, access issues, materially inaccurate Job information, or other material issues;

  4. avoid Accepting or Reserving Jobs involving prohibited items, unsafe items, unlawful activity, or services outside the scope of the Service;

  5. use reasonable care when handling, loading, securing, transporting, and unloading items;

  6. comply with all Service instructions, in-app status updates, photo requirements, proof-of-delivery requirements, and support procedures; and

  7. complete the Job in accordance with the Accepted or Reserved Job scope, unless a quote adjustment, cancellation, support resolution, or other change is approved through the Service.

  8. You may not demand or accept unauthorized cash payments, off-platform payments, side payments, or other compensation from Customers.

14. LOADING, UNLOADING AND INSIDE DELIVERY

Unless the Customer has purchased the Inside Delivery add-on and you have Accepted that add-on, your obligation is limited to moving items between your vehicle and the curb, loading area, storefront, or other ground-level entry area.

You are not required to retrieve items from inside a retail store or carry items inside a home, apartment, office, building, retail store, or other structure; move items up or down stairs; move items through narrow doorways, hallways, or elevators; place items in specific rooms; or move items into basements, attics, garages, or other interior areas unless Inside Delivery has been requested by the Customer and Accepted by you.

For any Large Job or Extra Large Job, the Customer must provide, at both pickup and delivery, at least one physically capable adult representative to assist with loading and unloading. If the Customer fails to provide required assistance, you may refuse to load, unload, or continue the Job, cancel the Job, or request a quote adjustment through the Service.

You may decline or refuse Inside Delivery, loading, unloading, or continued performance of a Job if, in your reasonable judgment:

  1. the service cannot be performed safely or lawfully;

  2. the item condition, size, weight, fragility, access route, weather, parking, stairs, elevators, building conditions, Customer conduct, or other circumstances present a risk of injury, property damage, or loss;

  3. the Customer has not provided required assistance;

  4. the items materially differ from the Customer’s booking description;

  5. the Customer requests services not booked or Accepted through the Service; or

  6. performance would violate these Driver Terms, the User Terms and Conditions, Truked policies, or applicable law.

You must promptly report any refusal, cancellation, access issue, safety concern, or quote adjustment request through the Service or to Truked Support.

15. DRIVER COMPENSATION AND PAYOUTS

Unless otherwise displayed through the Service or agreed by Truked in writing, for each completed Job, the Customer will be charged the applicable Job subtotal, consisting of the base fare, mileage charges, item size surcharge, and any selected add-on fees, plus a platform fee equal to fifteen percent (15%) of that subtotal. The sum of the Job subtotal and platform fee is the total charge for the Job.

Unless otherwise displayed through the Service, the total charge for the Job will be allocated eighty-five percent (85%) to the Driver and fifteen percent (15%) to Truked, subject to any refunds, payment processor requirements, taxes, adjustments, offsets, or other amounts permitted under these Driver Terms, the User Terms, or Truked’s then-current payment practices.

Tips designated by Customers for Drivers are voluntary, separate from the Job subtotal and platform fee, and paid one hundred percent (100%) to the Driver, subject to payment processor requirements, fraud review, chargebacks, and applicable law.

Unless otherwise displayed through the Service or agreed by Truked in writing, Driver payouts will be calculated and paid in accordance with Truked’s then-current payment practices, subject to any refunds, chargebacks, payment processor requirements, taxes, adjustments, offsets, claims, fraud review, cancelled or incomplete Jobs, pricing errors, Customer disputes, or violations of these Driver Terms.

You must provide and maintain accurate, current, and complete payout account information, taxpayer identification information, tax forms, and any other information or documentation reasonably required by Truked, its payment processors, or applicable law to administer payouts, tax reporting, withholding, and payment compliance. You must complete any required Form W-9 or other tax form, certification, or attestation, promptly update inaccurate or outdated information, and cooperate with Truked’s and its payment processors’ tax reporting, withholding, verification, fraud review, and legal-compliance obligations.

Unless otherwise displayed through the Service or agreed by Truked in writing, Driver payouts will be calculated and paid in accordance with Truked’s then-current payment practices, subject to any refunds, chargebacks, payment processor requirements, taxes, adjustments, offsets, claims, fraud review, cancelled or incomplete Jobs, pricing errors, Customer disputes, or violations of these Driver Terms.

If the Customer cancels after Driver Acceptance, Reservation, or travel to the pickup location, the User Terms provide for a fifteen dollar ($15.00) cancellation fee intended to compensate the Driver, paid in full to the Driver. If a Customer rejects a Driver-proposed quote adjustment, the User Terms provide that the Job will be cancelled and the Driver will be compensated twenty-five dollars ($25.00) for the Driver’s time.

In addition to other circumstances reasonably requiring adjustment under Truked’s then-current payment practices or applicable law, Truked and its payment processors may delay, withhold, offset, reverse, recover, or collect payouts or other amounts to address failed payments, chargebacks, refunds, duplicate payments, overpayments, amounts paid in error, payout-account errors, negative balances, fraud review, Customer claims, Driver disputes, tax withholding, legal compliance, payment processor requirements, or other amounts owed by you to Truked, a Customer, a payment processor, or any other relevant party, in each case to the extent permitted by applicable law. You are responsible for promptly repaying any overpayment, duplicate payment, erroneous payment, negative balance, or other amount paid to you or credited for your benefit in error, and Truked may offset those amounts against current or future payouts or pursue other lawful collection methods.

If you request deletion of your Driver Account, any accrued earnings that are properly payable to you will be processed through Truked’s regular payout cycle before deletion is completed, subject to payment processor requirements, holidays, operational delays, fraud review, chargebacks, offsets, claims, taxes, withholding, reporting obligations, and other adjustments permitted under these Driver Terms, Truked policies, or applicable law. The account deletion flow is designed to prevent deletion while you have active Jobs or accrued earnings that have not yet been paid out, so that pending Jobs and unpaid payouts are resolved before account deletion is completed.

If you believe that a payout was omitted, delayed, underpaid, incorrectly calculated, improperly withheld, reversed, reduced, or offset, you must report the dispute to Truked within thirty (30) days after the date the disputed payout was made or, if no payout was made, the date the payout should have been made under Truked’s then-current payment schedule. You may report a payout dispute through Truked’s in-app support chat or by email to support@truked.com. The dispute is considered reported when Truked receives it through either authorized channel, as shown by Truked’s applicable chat timestamp or email receipt record.

You are solely responsible for all taxes arising from amounts paid to you, including income taxes, self-employment taxes, sales taxes, use taxes, and any other applicable taxes. Truked does not guarantee any minimum number of Jobs, minimum compensation, minimum earnings, or minimum payout.

16. QUOTE ADJUSTMENTS

Customers are responsible for accurately describing the items, locations, access conditions, service requirements, and other Job details when booking. If the items or circumstances at pickup materially differ from what the Customer described when booking, you may propose an adjusted price through the Service if that functionality is available.

Material differences may include a larger item size category, additional items, unusually heavy or fragile items, inaccessible pickup or delivery conditions, unexpected stairs or long carries, or circumstances requiring Inside Delivery that were not disclosed or selected when the Job was booked.

If the Customer accepts the adjusted price, the Job may proceed at the adjusted price. If the Customer rejects the adjusted price, the Job may be cancelled and you may receive the applicable Driver compensation described in the Service or Truked’s then-current payment practices.

You may not demand, request, or accept off-platform payments, unauthorized cash payments, or any payment outside the Service for quote adjustments or additional services.

17. CANCELLATIONS, NO-SHOWS AND ACCESS ISSUES

You should only Accept or Reserve Jobs that you reasonably expect to complete.

You must notify Truked and the Customer as soon as reasonably practicable if you need to cancel, are delayed, or cannot complete a Job.

Truked may reduce, deny, withhold, or offset payout, reassign the Job, suspend your Driver Account, or take other action if you cancel an Accepted or Reserved Job without reasonable cause, fail to appear, arrive materially late, or fail to complete a Job.

You may cancel or refuse a Job without penalty where reasonably necessary due to vehicle failure, personal emergency, safety concerns, prohibited items, materially inaccurate Job information, Customer no-show, lack of Customer access or authorization, Customer failure to provide required assistance, unlawful Customer requests, harassment, threats, discrimination, abusive conduct, weather or road conditions, or other legitimate circumstances.

If a Customer or authorized representative is not present, cannot be reached, refuses access, fails to make items available, fails to provide required assistance, or otherwise prevents completion of a Job, you must report the issue through the Service or to Truked Support and follow Truked’s instructions.

You may not abandon Customer items except as permitted by law and Truked policy. If, after pickup or loading, items cannot be delivered, are refused by the recipient, are unavailable for release, are materially misdescribed, are unsafe or unfit for transport, cannot lawfully be delivered, or otherwise become subject to a delivery, return, storage, disposal, support, or claims issue, you must promptly contact Truked Support for instructions and comply with all reasonable support procedures. Unless Truked instructs otherwise, you must keep the items reasonably secure, avoid leaving them unattended or with an unauthorized person, document the condition and location of the items as requested, and follow Truked’s instructions regarding completion of delivery, return to pickup, alternate delivery, storage, disposal, cancellation, claim intake, or other lawful resolution. Nothing in these Driver Terms authorizes you to retain, use, sell, donate, discard, dispose of, or abandon Customer items except as expressly permitted by applicable law, Truked policy, or Truked Support instructions.

18. PROHIBITED ITEMS AND ACTIVITIES

You may not knowingly transport or agree to transport prohibited items, including illegal goods, stolen property, weapons, hazardous materials, controlled substances, live animals, human remains, cash or securities, unusually high-value items unless expressly disclosed and accepted, items requiring special licensing or regulatory handling, items that cannot be safely transported using your vehicle, or any other items prohibited by Truked policy or applicable law.

In addition to the foregoing, you may not:

  1. use the Service for unlawful, fraudulent, abusive, or deceptive purposes;

  2. harass, threaten, discriminate against, or abuse any User;

  3. misrepresent identity, qualifications, vehicle condition, insurance status, location, availability, item descriptions, or Job details;

  4. circumvent the Service to avoid fees;

  5. interfere with the operation or security of the Service;

  6. scrape, copy, reverse engineer, or misuse the Service;

  7. submit false reviews, ratings, documents, photographs, confirmations, or reports;

  8. use another person’s Account without authorization;

  9. permit any passenger or other person to occupy the vehicle while you are performing a Job, except for a helper expressly authorized in writing by Truked and acting within the scope of that authorization;

  10. permit or use any helper, assistant, subcontractor, employee, passenger, or other person to assist with, participate in, or perform any portion of a Job unless expressly authorized in writing by Truked;

  11. accept or request off-platform payment for Jobs arranged through the Service; or

  12. violate these Driver Terms, the User Terms and Conditions, Truked policies, or applicable law.

19. VEHICLE AND EQUIPMENT REQUIREMENTS

You are solely responsible for providing and maintaining a vehicle suitable for the Jobs you Accept or Reserve.

Your vehicle must be lawfully registered, properly insured, safe, roadworthy, clean, and legally compliant. You are responsible for ensuring your vehicle has adequate cargo space, load capacity, condition, and equipment for each Job.

You are responsible for providing any equipment reasonably necessary to safely perform Jobs you Accept or Reserve, which may include straps, tie-downs, moving blankets, dollies, carts, ramps, gloves, tarps, or other equipment appropriate for the Job.

Truked may establish, modify, or enforce vehicle categories, eligibility standards, equipment standards, safety standards, documentation requirements, or inspection requirements at any time, subject to applicable law.

Truked may require current proof of valid personal automobile insurance and completion of any insurance-related acknowledgement, certification, or attestation as a condition to approving, maintaining, or continuing approval of any vehicle for use in connection with the Service. Truked may also require proof of any delivery, business use or similar endorsement, rider, or coverage extension as a condition to approving, maintaining, or continuing approval of any vehicle for use in connection with the Service.

20. INSURANCE

  1. Valid Insurance: You must maintain valid personal automobile insurance for each vehicle you use in connection with the Service at all times while you are approved for Driver access. You must provide proof of such insurance during onboarding and thereafter upon Truked’s request. Proof of insurance must be current, accurate, complete, and sufficient to show the insured vehicle, policyholder, policy period, coverage type, and applicable liability limits. Truked may review or verify proof of insurance, but Truked’s review, acceptance, or verification of insurance information does not guarantee that your insurance is valid, collectible, sufficient, applicable to any particular Job, or available to cover any loss, damage, injury, theft, delay, claim, incident, vehicle, person, or circumstance. You remain solely responsible for confirming that your insurance applies to your Driver activities.

  2. Delivery or Business Use: Truked recommends that you obtain and maintain any delivery, commercial use, business use, or similar endorsement, rider, or coverage extension that may be necessary for your personal automobile insurance to apply to your Driver activities. You are solely responsible for reviewing your insurance policy, consulting with your insurance carrier or agent, and determining whether any such endorsement, rider, or coverage extension is available, necessary, or required for your use of a vehicle in connection with the Service. Truked’s recommendation that you obtain any such endorsement does not guarantee that your insurance will apply to any Job, claim, vehicle, loss, injury, damage, person, or circumstance.

  3. Driver Attestation: By applying to become a Driver, completing onboarding, Accepting or Reserving any Job, or using a personal vehicle in connection with the Service, you represent, warrant, acknowledge, and agree that: (1) you maintain valid personal automobile insurance for each vehicle you use in connection with the Service; (2) you are using your personal vehicle for gig, delivery, hauling, transportation, or similar commercial or business-related activities, and your personal automobile insurance policy may exclude, limit, deny, or otherwise not provide coverage for such activities; and (3) Truked’s insurance does not provide coverage for your own bodily injury, death, medical expenses, lost wages, disability, workers’ compensation, personal injury protection, uninsured or underinsured motorist benefits, or similar first-party benefits, and does not provide coverage for loss of, damage to, theft of, diminution in value of, or loss of use of your personal vehicle, trailer, equipment, tools, cargo-securing materials, mobile device, or other property while you are performing, attempting to perform, traveling to, or returning from a Job.

  4. Requirements: You are required to maintain all insurance required by applicable law, the User Terms and Conditions, these Driver Terms, and any insurance requirements communicated by Truked. Your insurance is intended to be primary and underlying to any insurance that may be maintained by Truked, unless otherwise required by applicable law or the terms of an applicable insurance policy. At a minimum, and unless otherwise approved by Truked in writing, you must maintain automobile liability insurance in at least the following amounts, or any higher amounts required by applicable law or communicated by Truked:

    1. For policies issued or renewed before July 1, 2025:

      1. $30,000 for bodily injury to or death of one person in any one accident;

      2. $60,000 for bodily injury to or death of two or more persons in any one accident; and

      3. $25,000 for property damage in any one accident.

    2. For policies issued or renewed after July 1, 2025:

      1. $50,000 for bodily injury to or death of one person in any one accident;

      2. $100,000 for bodily injury to or death of two or more persons in any one accident; and

      3. $50,000 for property damage in any one accident.

  5. Truked Insurance

    1. Truked maintains a commercial automobile liability insurance policy that may respond on an excess basis for covered third-party bodily injury or property damage claims arising from a Driver’s use of a covered vehicle while the Driver is under dispatch through the Service. For purposes of these Driver Terms, ‘under dispatch’ means the period beginning when you Accept or Reserve a Job through the Service and ending when delivery for that Job is completed through the Service. The policy has a One Million Dollar ($1,000,000) Combined Single Limit, subject to all applicable policy terms, conditions, exclusions, limits, deductibles, retentions, claims procedures, and coverage determinations by the insurer. The policy is excess over any applicable underlying insurance, including any insurance maintained or required to be maintained by you.

    2. You are not an insured under Truked’s commercial automobile liability policy by virtue of using the Service, Accepting, Reserving, or performing a Job, or being under dispatch. The policy does not provide coverage for your own bodily injury, death, medical expenses, lost wages, disability, workers’ compensation, personal injury protection, uninsured or underinsured motorist benefits, or similar first-party benefits. The policy also does not provide coverage for loss of, damage to, theft of, diminution in value of, or loss of use of your vehicle, trailer, equipment, tools, cargo-securing materials, mobile device, or other property.

    3. Truked’s maintenance of any insurance policy does not guarantee that coverage will apply to any particular Job, vehicle, Driver, claim, incident, loss, injury, damage, person, or circumstance, and does not expand Truked’s obligations beyond the express terms of these Driver Terms or the applicable insurance policy.

  6. Driver Obligations

    1. You must promptly notify Truked if your personal insurance lapses, is cancelled, is reduced, is modified, or no longer covers any vehicle you use in connection with the Service or your Driver activities, and you must promptly provide updated proof of valid personal automobile insurance and any updated insurance-related acknowledgement, certification, or attestation requested by Truked upon renewal, replacement, modification or Truked’s request.

    2. You are solely responsible for any loss, claim, liability, damage, injury, deductible, uncovered amount, insurance gap, or coverage denial arising from or related to your vehicle, your insurance, your property, your own bodily injury, or your performance or non-performance of Jobs, except to the extent actually paid by an applicable insurer under an applicable insurance policy. Truked’s maintenance of excess commercial automobile liability insurance does not relieve you of your obligation to maintain required insurance or of your responsibility for losses, claims, liabilities, damages, injuries, deductibles, uncovered amounts, insurance gaps, or coverage denials not actually covered and paid under an applicable policy.

21. ACCIDENTS, DAMAGE, LOSS AND CLAIMS

You must promptly notify Truked of any accident, traffic incident, personal injury, property damage, cargo damage, loss, theft, delay, non-delivery, misdelivery, police interaction, insurance claim, Customer complaint, or other material issue arising from or relating to a Job. In the event of any accident, emergency, injury, property damage, police interaction, unsafe condition, loss, theft, misdelivery, or other material incident, you must take reasonable steps to protect health and safety, comply with applicable law, contact emergency services where appropriate or legally required, cooperate with law enforcement, promptly notify Truked, preserve relevant evidence, and provide accurate and complete information to Truked, law enforcement, insurers, claims administrators, and other relevant parties. You must not admit liability, settle or compromise any claim, or make any representation regarding the existence, amount, scope, availability, applicability, or outcome of any insurance coverage unless expressly authorized by Truked in writing or required by applicable law. Under the User Terms and Conditions, Customers must submit any claim for loss, theft, damage, misdelivery, or other issue arising from or relating to a Job within three (3) days after completion, cancellation, or attempted completion of the Job, or after the Customer first knew or reasonably should have known of the issue giving rise to the claim, whichever occurs first, unless a longer period is required by applicable law.

You agree to cooperate with Truked, Customers, insurers, claims administrators, law enforcement, payment processors, and other relevant parties in investigating and resolving incidents, disputes, and timely-submitted claims. You must promptly provide any information, photographs, communications, receipts, vehicle information, insurance information, proof-of-pickup, proof-of-delivery, or other documentation reasonably requested by Truked in connection with any claim or incident.

You must not make false statements, conceal material facts, destroy evidence, fail to preserve relevant information, or interfere with any investigation or claims process.

Truked may administer claims in accordance with the User Terms and Conditions, applicable insurance policies, Truked’s claims process, and applicable law. You agree to cooperate with Truked, Customers, insurers, including any insurer under Truked’s commercial automobile liability policy, claims administrators, law enforcement, payment processors, and other relevant parties in investigating, adjusting, defending, and resolving incidents, disputes, and claims. Truked’s investigation, administration, settlement, denial, payment, tender to an insurer, or submission of any claim does not constitute an admission of liability and does not make Truked a transportation provider, carrier, mover, bailee, insurer, guarantor, employer of any Driver, or party to any Customer-Driver contract.

22. TAXES AND EXPENSES

You are solely responsible for all taxes arising from amounts you receive through the Service, including income taxes, self-employment taxes, sales taxes, use taxes, gross receipts taxes, and any other applicable taxes.

You are solely responsible for all expenses associated with your Driver activities, including vehicle purchase, lease, rental, maintenance, repair, depreciation, cleaning, fuel, electricity, tolls, traffic citations, insurance, deductibles, uncovered losses, licenses, permits, registrations, inspections, equipment, supplies, mobile phone, data plan, and any assistants, helpers, subcontractors, or employees you choose to use if permitted by Truked.

Truked is not responsible for reimbursing Driver expenses unless expressly agreed in writing.

23. COMMUNICATIONS WITH CUSTOMERS

You may communicate with Customers through the Service or other Truked-approved channels solely for Job-related purposes.

You may not use Customer information to harass, threaten, solicit, spam, market, bypass Truked fees, arrange off-platform services, or communicate for purposes unrelated to the applicable Job.

You may not contact Customers after completion of a Job except as reasonably necessary for Job-related issues, support, timely-submitted claims under the User Terms and Conditions, or as otherwise permitted by Truked. You may not attempt to resolve, settle, deny, or negotiate any Customer claim outside Truked’s designated claims process unless Truked expressly authorizes you to do so. You may not make any representation to a Customer or any third party regarding the existence, amount, scope, availability, applicability, or outcome of any insurance coverage, including any insurance maintained by Truked, unless Truked expressly authorizes you to do so in writing.

Truked may monitor, access, review, store, and use communications made through the Service for safety, support, quality assurance, fraud prevention, claims, dispute resolution, legal compliance, and enforcement purposes, subject to applicable law and Truked’s Privacy Policy.

24. CONFIDENTIALITY

In connection with your use of the Service, you may receive nonpublic information relating to Truked, Customers, Drivers, pricing, platform operations, claims, disputes, safety issues, business practices, technology, or other confidential or proprietary matters.

You agree to use such information only as necessary to perform Jobs and use the Service in accordance with these Driver Terms. You may not disclose, misuse, copy, publish, sell, or exploit confidential or proprietary information except as required by applicable law or expressly authorized by Truked in writing.

Customer personal information must be used only for legitimate Job-related purposes and must be handled in accordance with these Driver Terms, the User Terms and Conditions, Truked’s Privacy Policy, and applicable law.

25. USER CONTENT AND DRIVER CONTENT

You may submit photographs, messages, profile information, vehicle information, insurance documents, license information, proof-of-pickup, proof-of-delivery, incident reports, ratings, reviews, support communications, and other User Content through the Service.

You retain ownership of your User Content. By submitting User Content through the Service, you grant Truked a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, host, store, reproduce, display, publish, distribute, modify, adapt, create derivative works from, and otherwise process User Content as reasonably necessary or appropriate to operate, provide, maintain, support, improve, protect, market, and promote the Service, administer Jobs, process payouts, enforce these Driver Terms, resolve disputes, administer claims, prevent fraud, comply with law, and exercise Truked’s legal rights. Insurance documents, insurance-related acknowledgements, certifications, attestations, and related information submitted by you may be used by Truked to evaluate Driver eligibility, verify compliance with insurance requirements, administer the Service, investigate claims, manage insurance-related issues, and comply with applicable law.

Truked’s collection, use, disclosure, retention, and other processing of personal information contained in or associated with User Content is governed by Truked’s Privacy Policy and applicable law.

You represent and warrant that your User Content is accurate, lawful, not misleading, and may be submitted and used by Truked as permitted by these Driver Terms without requiring Truked to obtain further consent from, or pay compensation to, any person.

Truked may remove, modify, restrict, refuse to display, or disable access to User Content at any time in its discretion.

26. INTELLECTUAL PROPERTY

The Service, including all software, technology, designs, text, graphics, logos, trademarks, trade names, service marks, icons, images, audio, video, data, features, interfaces, and content provided by Truked, is owned by Truked or its licensors and is protected by intellectual property and other laws.

Subject to these Driver Terms, Truked grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your use as a Driver in accordance with these Driver Terms. All rights not expressly granted are reserved by Truked.

In addition to the foregoing, you may not:

  1. copy, modify, distribute, sell, lease, sublicense, or exploit the Service;

  2. reverse engineer, decompile, disassemble, or attempt to derive source code from the Service;

  3. scrape, crawl, index, or harvest data from the Service;

  4. remove or alter proprietary notices;

  5. use Truked’s trademarks without prior written consent;

  6. create derivative works based on the Service; or

  7. use the Service to develop a competing product or service.

27. PRIVACY AND LOCATION DATA

Your use of the Service as a Driver is subject to Truked’s Privacy Policy.

By using the Service as a Driver, you understand that Truked may collect, use, disclose, and retain information relating to your Account, identity, background checks, license, vehicle, insurance, location, communications, Job history, payout information, tax information, device, User Content, and interactions with Customers, as described in Truked’s Privacy Policy.

Account deletion does not require Truked to delete records that Truked retains as permitted or required by applicable law, Truked’s Privacy Policy, or legitimate business, legal, compliance, fraud-prevention, safety, tax, accounting, dispute-resolution, insurance, claims-administration, audit, or operational purposes. Retained records may include consent history, audit records, transaction records, Job history, payout records, tax records, communications, claims records, safety records, and records necessary to establish, exercise, or defend legal rights.

If location features are enabled, Truked may collect and use location information to match Jobs, verify arrival and completion, provide Customer updates, support safety, resolve disputes, administer claims, prevent fraud, and operate the Service.

28. NON-CIRCUMVENTION

You may not use the Service to identify, solicit, or contact Customers for the purpose of arranging transportation, delivery, moving, hauling, or related services outside the Service.

You may not encourage Customers to cancel Jobs and rebook directly with you, accept off-platform payments for Jobs arranged through the Service, or otherwise circumvent Truked’s fees, payment systems, or marketplace.

Violation of this section may result in suspension, restriction, or termination of your Driver Account, withholding or forfeiture of unpaid amounts to the extent permitted by law, and any other remedies available to Truked.

29. SERVICE AVAILABILITY AND MODIFICATIONS

Truked may modify, suspend, discontinue, restrict, replace, or change all or any part of the Service at any time, with or without notice, subject to applicable law.

Truked does not guarantee that the Service will be uninterrupted, secure, timely, error-free, or available at any particular time or location.

Truked may modify Driver eligibility standards, vehicle categories, Job types, pricing, payout structures, platform fees, claims processes, safety standards, insurance requirements, Service features, or operating procedures from time to time, subject to applicable law.

30. SUSPENSION, DEACTIVATION AND TERMINATION

Truked may suspend, restrict, deactivate, or terminate your Driver Account or access to the Service at any time, with or without notice, if Truked believes that:

  1. you violated these Driver Terms, the User Terms and Conditions, or Truked policies;

  2. you violated applicable law;

  3. you provided inaccurate, incomplete, false, expired, or misleading information;

  4. you failed to maintain required licenses, insurance, vehicle standards, or eligibility requirements, or any required delivery, business use or similar endorsement, rider, or coverage extension, or failed to provide proof of any of the foregoing upon request;

  5. you engaged in fraud, abuse, theft, harassment, discrimination, unsafe conduct, or circumvention;

  6. you repeatedly cancelled, failed to appear, arrived late, or failed to complete Jobs;

  7. you received serious or repeated Customer complaints;

  8. your conduct may harm Truked, Customers, Drivers, Users, insurers, payment processors, or the public;

  9. your Account has been inactive for an extended period;

  10. you permitted an unauthorized passenger or helper to occupy your vehicle, assist with, participate in, or perform any portion of a Job, or you failed to comply with any condition of Truked’s written authorization of a helper;

  11. you engaged, permitted, or used any helper, assistant, subcontractor, employee, passenger, or other person in connection with a Job without Truked’s prior express written authorization, or failed to comply with any condition of such authorization;

  12. continued access would create legal, safety, reputational, financial, insurance, or operational risk; or

  13. termination is otherwise appropriate in Truked’s discretion, subject to applicable law.

You may terminate your Driver Account at any time by using the in-app account deletion flow under Profile > Delete Account or by emailing Truked at support@truked.com. If you have any active Job or any accrued earnings that have not yet been paid out, the in-app deletion flow will not immediately remove your Driver Account. You must complete or cancel any active Job and wait until your accrued earnings are paid through Truked’s next regular payout cycle before deletion is completed. Regular payouts are currently processed on Mondays and Thursdays, subject to payment processor requirements, holidays, operational delays, fraud review, chargebacks, offsets, claims, taxes, or other adjustments permitted under these Driver Terms or applicable law. Once there are no active Jobs and no accrued unpaid earnings, the account deletion request may be completed in accordance with Truked’s then-current procedures and applicable law.

Upon suspension, restriction, deactivation, or termination, you may lose access to Jobs, your Driver Account, communications, ratings, reviews, payout features, and other Service functionality. Truked may cancel or reassign pending or scheduled Jobs and may withhold, offset, delay, or adjust payouts as permitted by these Driver Terms, Truked policies, and applicable law.

Termination or deletion of your Driver Account does not affect rights or obligations that accrued before termination or deletion, including payment obligations, claims obligations, dispute resolution obligations, confidentiality obligations, intellectual property rights, disclaimers, limitations of liability, indemnification obligations, tax and reporting obligations, and any provisions that by their nature should survive. Truked may retain records after termination or deletion as permitted or required by applicable law and Truked’s Privacy Policy, including consent history, audit records, transaction records, Job history, payout records, tax records, communications, claims records, safety records, fraud-prevention records, and other business, legal, compliance, and operational records.

31. DISPUTES BETWEEN DRIVERS AND CUSTOMERS

Drivers and Customers are solely responsible for resolving disputes between themselves, including disputes relating to Job performance, item condition, damage, delay, access, payment, cancellations, conduct, communications, and services requested, except to the extent a Customer claim is submitted to Truked in accordance with the User Terms and Conditions and Truked’s claims process. Under the User Terms and Conditions, Customers must submit any claim for loss, theft, damage, misdelivery, or other issue arising from or relating to a Job within three (3) days after completion, cancellation, or attempted completion of the Job, or after the Customer first knew or reasonably should have known of the issue giving rise to the claim, whichever occurs first, unless a longer period is required by applicable law.

Truked may, but is not obligated to, assist in resolving disputes or administer claims. Any assistance, investigation, settlement, denial, or payment provided by Truked does not make Truked liable for the dispute or a party to any Customer-Driver contract.

You agree to cooperate with Truked’s reasonable requests for information related to disputes, timely-submitted claims, safety issues, fraud prevention, insurance, payment processing, or legal compliance.

32. ARBITRATION; DISPUTE RESOLUTION

Please read this section carefully. Except as provided below, you and Truked agree that any dispute, claim, or controversy arising out of or relating to these Driver Terms, the User Terms and Conditions, the Service, your Account, any Job, any claims process, your Driver activities, or your relationship with Truked will be resolved by binding arbitration rather than in court.

The arbitration will be administered by the American Arbitration Association (AAA), Judicial Arbitration and Mediation Services (JAMS), or another comparable and reputable arbitration provider selected in good faith. If you/Driver and Truked are unable to come to an agreement regarding the selection of how the arbitration is to be administered, Truked will have the right to make the final determination on that issue. The arbitration will be conducted under the provider’s applicable rules, except to the extent those rules conflict with these Driver Terms.

The arbitration may be conducted by telephone, video conference, written submissions, or in person, as determined by the arbitrator in a fair and reasonably convenient manner. Truked will not require you to pay arbitration filing, administrative, or arbitrator fees materially greater than the mandatory filing fee required to commence the same individual claim in a court of competent jurisdiction, excluding attorneys’ fees, service fees, motion fees, hearing fees, expert fees, discovery costs, travel expenses, or other litigation costs or expenses. Except as otherwise required by applicable law, the provider’s rules, or an award authorized by law, each party will bear its own attorneys’ fees, costs, and expenses. Truked will pay or reimburse arbitration filing, administrative, and arbitrator fees to the extent required by the provider’s rules or applicable law.

The arbitrator may award any individual relief available in court, including damages, statutory remedies, injunctive relief, attorneys’ fees, and costs where authorized by law. This section does not limit any substantive rights or remedies available under applicable law.

This arbitration agreement does not prevent either party from bringing an individual claim in small claims court, seeking temporary or preliminary injunctive relief in court for immediate and irreparable harm, or filing a complaint with a government agency where permitted by law.

Before initiating arbitration, the party asserting a claim must provide the other party with written notice reasonably describing the claim and the relief requested and must give the parties a reasonable opportunity to attempt to resolve the dispute informally, unless doing so would be prohibited by applicable law or would prevent a party from seeking emergency relief, preserving a claim, or complying with an applicable limitations period.

These Driver Terms evidence a transaction involving interstate commerce, and this arbitration agreement will be governed by and interpreted under the Federal Arbitration Act to the fullest extent permitted by law. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion will be severed or limited to the minimum extent necessary, and the remaining portions will remain in effect to the fullest extent permitted by law.

33. CLASS ACTION WAIVER

To the fullest extent permitted by law, you and Truked agree that any dispute, claim, or controversy arising out of or relating to these Driver Terms, the User Terms and Conditions, the Service, your Account, any Job, any claims process, your Driver activities, or your relationship with Truked must be brought only in an individual capacity, and not as a plaintiff, class member, or representative in any class, collective, consolidated, private attorney general, or representative proceeding.

The arbitrator may not consolidate more than one person’s claims or preside over any class, collective, consolidated, private attorney general, or representative proceeding unless both you and Truked expressly agree in writing.

If this Class Action Waiver is found unenforceable as to a particular claim or request for relief, then that claim or request for relief must proceed in court and not in arbitration, and the remaining claims will be arbitrated to the fullest extent permitted by law.

34. DISCLAIMERS

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Truked disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, availability, reliability, accuracy, and safety.

Truked does not warrant or guarantee that:

  1. the Service will be uninterrupted, secure, timely, or error-free;

  2. any Job will be available, accepted, reserved, completed, or performed satisfactorily;

  3. any Customer is reliable, truthful, cooperative, insured, safe, or suitable;

  4. any Customer will provide accurate information or pay amounts owed;

  5. any item will be transported without loss, theft, damage, delay, or misdelivery;

  6. any Job will be profitable;

  7. any payout will be made before completion, verification, fraud review, or claims review;

  8. any ratings, reviews, or User Content will be accurate or reliable; or

  9. any insurance, including any insurance maintained by Truked, will apply to any particular Job, item, loss, claim, incident, User, Driver, vehicle, or circumstance, except to the extent coverage is actually determined to apply by the applicable insurer under the applicable policy.

You use the Service and interact with Customers and other Users at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you. In such case, the exclusions and limitations set forth in this section will be applied to the greatest extent enforceable under applicable law.

35. LIMITATIONS OF LIABILITY

To the fullest extent permitted by law, Truked and its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, licensors, service providers, successors, and assigns will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost business, loss of goodwill, loss of data, lost opportunities, expected future Jobs, deactivation-related losses, vehicle damage, personal injury, property damage, loss of items, theft, delay, service interruption, insurance gaps, tax liabilities, or unreimbursed expenses, arising out of or relating to these Driver Terms, the User Terms and Conditions, the Service, any Job, any claims process, your Driver activities, or your relationship with Truked, even if Truked has been advised of the possibility of such damages.

To the fullest extent permitted by law, Truked is not liable for the acts, omissions, representations, warranties, negligence, misconduct, delays, cancellations, non-performance, or performance of any Customer, Driver, User, or other third party. Customers and Drivers are solely responsible for their own conduct and for any contract, arrangement, or dispute between them.

To the fullest extent permitted by law, Truked’s total liability for all claims arising out of or relating to these Driver Terms, the User Terms and Conditions, the Service, any Job, any claims process, your Driver activities, or your relationship with Truked will not exceed the unpaid amounts properly owed to you by Truked for completed Jobs giving rise to the claim.

Nothing in this section limits any payment that Truked, in its discretion, determines to make under an applicable claims process or any amount actually payable by an insurer under an applicable insurance policy, subject in all cases to the applicable policy terms, conditions, exclusions, limits, deductibles, retentions, coverage determinations, and claims procedures; provided that no such payment, policy, or claims process makes any Driver an insured under Truked’s insurance, creates first-party coverage for any Driver, or expands Truked’s liability beyond the express terms of these Driver Terms.

Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, Truked’s liability will be limited to the maximum extent permitted by law.

36. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Truked and its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, licensors, service providers, successors, and assigns from and against any claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  1. your access to or use of the Service;

  2. your violation of these Driver Terms, the User Terms and Conditions, or Truked policies;

  3. your violation of applicable law;

  4. your User Content;

  5. your interaction with another User;

  6. any Job you accept, reserve, perform, cancel, or fail to complete;

  7. your transportation, handling, loading, unloading, securement, storage, delivery, misdelivery, or possession of items;

  8. your operation, ownership, maintenance, loading, unloading, or use of any vehicle or equipment;

  9. any personal injury, death, property damage, loss, theft, delay, non-delivery, misdelivery, or other harm caused or alleged to be caused by you;

  10. your negligence, gross negligence, willful misconduct, fraud, unsafe conduct, or unlawful conduct;

  11. your failure to maintain required insurance, licenses, permits, registrations, approvals, or authorizations;

  12. your tax obligations or failure to pay taxes;

  13. any claim that you are or were an employee, agent, representative, partner, joint venturer, franchisee, or worker of Truked, except to the extent prohibited by applicable law;

  14. your use or misuse of Customer information; or

  15. the presence or conduct of any passenger, helper, assistant, subcontractor, employee, or other person riding with, assisting, or acting with or for you, whether or not authorized by Truked.

Truked’s written authorization of a helper does not make that person an employee, agent, representative, or contractor of Truked and does not limit your responsibility or indemnification obligations for that person’s acts or omissions.

Your indemnification obligations include claims, losses, costs, deductibles, uncovered amounts, claim expenses, insurance-related costs, and payout adjustments arising from or relating to your conduct, omissions, breach of these Driver Terms, inaccurate information, unsafe conduct, handling of items, failure to provide required cooperation, or violation of applicable law, except to the extent prohibited by applicable law.

Truked’s maintenance of any insurance, including any excess commercial automobile liability policy, does not limit, waive, or reduce your indemnification obligations, except to the extent a covered claim is actually paid by an applicable insurer and applicable law prohibits duplicate recovery.

Truked reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with Truked’s defense.

37. ASSIGNMENT

You may not assign or transfer these Driver Terms, your Driver Account, or your rights or obligations under these Driver Terms without Truked’s prior written consent.

Truked may assign or transfer these Driver Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, financing, or by operation of law.

38. FORCE MAJEURE

Neither Truked nor a Driver will be liable for a delay or failure to perform an obligation under these Driver Terms to the extent caused by circumstances beyond the affected party’s reasonable control, including severe weather, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, governmental action, road closures, widespread transportation disruptions, utility or telecommunications failures, cyberattacks, or failures of third-party service providers, payment processors, mapping services, hosting providers, or communications networks.

The affected party must use commercially reasonable efforts to mitigate the effects of the event and resume performance as soon as reasonably practicable. A Driver must promptly notify Truked and any affected Customer if a force majeure event delays, prevents, or materially affects an accepted or reserved Job and must follow Truked’s reasonable instructions regarding cancellation, reassignment, return, storage, or delivery of Customer items.

This section does not:

  1. excuse a Driver’s obligation to exercise reasonable care with respect to Customer items already in the Driver’s possession;

  2. permit a Driver to abandon Customer items or retain them contrary to applicable law or Truked policy;

  3. excuse payment obligations for Jobs properly completed before the force majeure event;

  4. prevent Truked from withholding, delaying, adjusting, or processing payouts where reasonably necessary because of payment-processor or operational disruptions; or

  5. excuse an obligation that can reasonably be performed despite the force majeure event.

If a force majeure event continues for a period that makes performance of a Job impracticable, Truked may cancel or reassign the Job, suspend affected Service functionality, or take other reasonable operational action without liability, subject to applicable law.

39. NOTICES

Truked may provide notices to you through the Service, by email, by posting on the website, or by other reasonable means.

You may send legal notices to Truked at:

Bobcat Technology Consultants, LLC d/b/a Truked

4030 Wake Forest Road, Ste. 349

Raleigh, NC 27609

support@truked.com

Notices will be deemed given when delivered personally, sent by confirmed email, posted through the Service, or sent by nationally recognized overnight courier or certified mail.

A payout-dispute report is not required to satisfy the legal-notice procedures in this section. Payout disputes must be reported and will be considered received in accordance with the Driver Compensation and Payouts section.

40. NO WAIVER

Truked’s failure to enforce any provision of these Driver Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Truked.

41. SEVERABILITY

If any provision of these Driver Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

42. ENTIRE AGREEMENT

These Driver Terms, together with the User Terms and Conditions, Privacy Policy, and any additional terms, policies, guidelines, or supplemental terms referenced herein, constitute the entire agreement between you and Truked regarding your use of the Service as a Driver and supersede all prior or contemporaneous agreements, communications, or understandings regarding such subject matter.

43. GOVERNING LAW

These Driver Terms and any dispute arising out of or relating to these Driver Terms, the User Terms and Conditions, the Service, your Account, any Job, your Driver activities, or your relationship with Truked will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflict of law principles.

Subject to the Arbitration; Dispute Resolution section above, you agree to the exclusive jurisdiction and venue of the state and federal courts located in Mecklenburg County, North Carolina, unless applicable law requires otherwise.

44. CHANGES TO THESE TERMS

Truked may update or modify these Driver Terms from time to time. If Truked makes material changes, Truked may provide notice through the Service, by email, or by other reasonable means.

Your continued use of the Service as a Driver after updated Driver Terms become effective constitutes your acceptance of the updated Driver Terms. If you do not agree to the updated Driver Terms, you must stop using the Service as a Driver.

45. CONTACT INFORMATION

If you have questions about these Terms, please contact Truked at:

Bobcat Technology Consultants, LLC d/b/a Truked

13016 Eastfield Road, Ste. B200-240

Huntersville, NC 28078

support@truked.com