Last updated: July 13, 2026
These Terms of Service ("Terms") are an agreement between the business signing up to use DefectDash ("Customer," "you") and Benjamin Ocker, operating as DefectDash ("we," "us," "DefectDash"). By provisioning a company account, or by an authorized user signing in with a company code, you agree to these Terms on behalf of the Customer. If you do not have authority to bind your company to these Terms, do not use the service.
DefectDash is a fleet vehicle inspection and defect tracking application. It helps Customers record pre trip and post trip vehicle inspections, track and resolve defects, generate compliance paperwork, schedule maintenance reminders, and produce related reports. DefectDash includes two categories of user under a single Customer account: managers, who administer the account, and technicians, who perform inspections. Customer is responsible for all activity by its managers and technicians.
DefectDash is a record keeping and workflow tool. It is designed to help Customer follow the DVIR format described in 49 CFR 396.11 and to help Customer's own inspection and maintenance processes run more smoothly, but it does not itself guarantee compliance with any law, regulation, or safety standard, and it does not replace Customer's own responsibility to operate its vehicles safely and lawfully. Customer remains solely responsible for the roadworthiness of its vehicles, the accuracy of information its personnel enter into the app, the qualifications and conduct of its drivers and technicians, and compliance with the Federal Motor Carrier Safety Regulations and all other applicable law. DefectDash does not inspect vehicles, does not certify vehicles as safe, and does not make any determination about whether a vehicle should be operated.
Each Customer account is accessed using a company code and a manager code that we provision when Customer signs up. Customer is responsible for keeping these codes confidential, for controlling which of its personnel receive them, and for promptly notifying us if a code is lost, stolen, or should be reissued. We are not responsible for losses caused by a Customer's failure to safeguard its own access codes.
Customer owns the data it enters into DefectDash, including inspection records, defect records, vehicle information, and technician names. Customer grants us a limited license to host, store, process, and transmit that data solely as needed to provide the service, including generating and emailing the reports Customer configures. Our handling of personal information is further described in our Privacy Policy, which is part of these Terms.
Customer represents that it has the right to enter the information it enters into the app, including any personal information about its employees, and that doing so does not violate any agreement Customer has with those employees or any law that applies to Customer.
Customer agrees not to, and not to permit its authorized users to:
Fees for the service, and the vehicle, manager, and technician limits included, are as agreed between Customer and DefectDash at the time Customer's account is provisioned or subsequently changed. Invoices are due on the terms stated on the invoice. We may suspend an account for fees that remain unpaid after we have given Customer reasonable notice.
DefectDash and its underlying software, design, and trademarks are owned by us. Subject to Customer's compliance with these Terms, we grant Customer a limited, non exclusive, non transferable license for its authorized users to use the app for Customer's own internal fleet operations during the term of Customer's subscription. No other rights are granted.
The service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the service will be uninterrupted, error free, or free of security vulnerabilities, or that every defect a technician should log will in fact be logged or logged correctly, since the app depends on information entered by Customer's own personnel.
To the fullest extent permitted by law, DefectDash will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to Customer's use of the service, even if advised of the possibility of such damages. This includes, without limitation, any claim arising from a vehicle accident, personal injury, property damage, or regulatory penalty, to the extent it is alleged to relate to the service.
To the fullest extent permitted by law, our total liability arising out of or related to these Terms or the service, however arising, will not exceed the total fees Customer actually paid us in the twelve months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations in this section may not apply to Customer in full.
Customer agrees to indemnify and hold us harmless from any claim, liability, damage, loss, or expense, including reasonable attorney fees, arising out of or related to: Customer's or its authorized users' use of the service, data Customer enters into the app, Customer's violation of these Terms, or Customer's violation of any law or third party right, including any claim brought by one of Customer's own employees relating to their personal information within the app.
These Terms remain in effect for as long as Customer maintains an active DefectDash account. Either party may terminate by written notice to the other, including by email. We may also suspend or terminate an account immediately for a material breach of these Terms, including non payment or a violation of the acceptable use section above. Upon termination, Customer's right to use the service ends, and Customer's data will be handled according to the retention terms in our Privacy Policy.
We may modify or discontinue features of the service from time to time. We may update these Terms from time to time; if we make a material change, we will make reasonable efforts to notify Customer, such as an in app notice or an email to the company's registered office address. Continued use of the service after a change takes effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of Arizona, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or the service that is not resolved informally will be brought exclusively in the state or federal courts located in Arizona, and each party consents to the jurisdiction of those courts.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce a provision is not a waiver of it. These Terms, together with the Privacy Policy, are the entire agreement between Customer and DefectDash regarding the service, and supersede any prior agreement on the same subject.
Questions about these Terms: scipiofiles@gmail.com