1. Agreement and Defined Terms

These Terms of Service (the “Terms”) are a binding agreement between EquipmentFlow (“EquipmentFlow,” “we,” “us,” or “our”) and the individual or legal entity that accesses or uses the Service (the “Customer,” “you,” or “your”). “Service” means the EquipmentFlow websites, web application, mobile applications, APIs, hosted databases, storage, communications, and related features that we make available.

By creating an account, accepting these Terms, clicking an acceptance control, or accessing or using the Service, you represent that you have authority to bind the Customer and agree to these Terms. The Privacy Policy, Cookie Policy, Acceptable Use Policy, and the product-specific documents linked below are incorporated into these Terms.

2. Service Description; Administrative Tool Only

EquipmentFlow is a digital software platform designed to assist businesses with administrative workflows, recordkeeping, inspections, maintenance scheduling, equipment and fleet management, Job Safety Analyses (“JSAs”), timesheets, receipts, reporting, QR and barcode identification, repair coordination, and related business operations.

EquipmentFlow is an informational and administrative tool only. EquipmentFlow does not inspect equipment, perform maintenance, repair equipment, supervise employees, monitor workplaces, guarantee regulatory compliance, guarantee safety, certify inspections, or replace qualified inspectors, mechanics, engineers, safety professionals, legal counsel, accountants, or other qualified professionals. Information, alerts, records, reports, signatures, and recommendations generated or stored by the Service are informational only.

3. Eligibility and Account Administration

The Service is intended for business use by individuals who are at least 18 years old and able to enter a binding agreement. The Customer must provide accurate, current account, company, billing, and user information and keep it updated. The Customer is responsible for credentials, invited users, role assignments, permissions, devices, and all activity occurring through its accounts.

A company owner or administrator must not invite a person who is not authorized to access the Customer’s data. The Customer must promptly disable access for departing or unauthorized personnel and notify EquipmentFlow of suspected compromise at support@equipmentflowco.com.

4. Customer Responsibilities

The Customer remains solely responsible for:

Workplace safety, employee supervision, and training;
Equipment, vehicle, trailer, and fleet inspections;
Repairs, servicing, preventive maintenance, and manufacturer recommendations;
Regulatory, OSHA, DOT, ANSI, MSHA, environmental, local, state, federal, and international compliance;
Verifying the completeness, accuracy, timing, synchronization, and suitability of all records and submissions;
Payroll, timekeeping, tax, accounting, employment, wage-and-hour, and record-retention obligations;
Determining whether equipment may be operated, returned to service, or used at a workplace; and
Providing lawful instructions and notices for personal data uploaded to the Service.

No feature, workflow, status, notification, approval, signature, audit entry, or report transfers any legal, safety, supervisory, inspection, maintenance, or compliance responsibility from the Customer to EquipmentFlow.

5. Acceptable Use and Security

The Customer must use the Service lawfully and in accordance with the Acceptable Use Policy. The Customer may not reverse engineer, scrape, interfere with, overload, probe, compromise, resell, sublicense, impersonate, or use the Service to store malicious, infringing, unlawful, or unsafe content. The Customer must maintain reasonable safeguards for credentials, endpoints, uploaded files, and user access.

6. Customer Data and Limited Service License

As between the parties, the Customer owns or controls its equipment records, fleet records, inspection records, JSAs, photos, documents, notes, signatures, user-submitted content, and other data uploaded to or created in the Service (“Customer Data”). The Customer grants EquipmentFlow a limited, non-exclusive, worldwide license to host, store, reproduce, transmit, display, back up, secure, and otherwise process Customer Data solely as necessary to provide, maintain, secure, support, and improve the Service, comply with law, and prevent abuse.

EquipmentFlow does not sell Customer Data for advertising. The Privacy Policy and, where applicable, the Data Processing Addendum describe personal-data processing. The Customer is responsible for lawful collection, accuracy, retention, permissions, and deletion instructions for Customer Data.

7. Product-Specific Disclaimers

The Customer must review the AI Usage & Disclaimer, Safety & Inspection Disclaimer, Fleet Inspection Disclaimer, JSA Disclaimer, Maintenance Reminder Disclaimer, QR & Barcode Scanning Disclaimer, and Electronic Signature Agreement. Those documents explain important limits on the Service and are part of these Terms.

8. Current Access and Future Service Changes

EquipmentFlow is currently available without a subscription charge or payment card. We may introduce or change plans, limits, or paid services in the future, but any new charge will be disclosed before it applies and will be governed by the terms presented for that service. Free access does not create a promise that every feature or level of access will remain available indefinitely.

9. EquipmentFlow Intellectual Property

EquipmentFlow owns the Service, software, user interface, designs, documentation, trademarks, logos, workflows, templates, non-Customer-generated reports, and all related intellectual-property rights. Except for the limited right to use the Service while authorized access is available, no rights are granted by implication. The Customer may not copy, modify, distribute, publish, frame, lease, sell, or create derivative works from the Service.

10. Availability, Changes, and Integrations

We may maintain, update, modify, suspend, or discontinue features, integrations, mobile functionality, APIs, or portions of the Service. We will use commercially reasonable efforts to communicate material changes when practicable. The Service is not an emergency, life-safety, dispatch, monitoring, or guaranteed-uptime system. Integrations depend on third parties and may change or fail independently of EquipmentFlow.

Selected workflows may support limited offline or local-device operation. Availability depends on the device, browser, operating system, storage permissions, and the specific workflow. Locally saved records may remain pending until connectivity returns. Users must verify important records and attachments have synchronized; clearing browser or application data may remove unsynchronized information.

Notifications and reminders are convenience features. Delivery may depend on browsers, devices, operating systems, networks, email or push providers, and user settings. Customers must not rely solely on a notification for safety-critical, payroll, maintenance, inspection, registration, expiration, or legally required obligations.

Available export and download tools help Customers retain records, but Customers remain responsible for confirming exports are complete, preserving required records, and maintaining any independent backup or filing process required for their business.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT, OUTPUTS, RECORDS, NOTIFICATIONS, REPORTS, AI FEATURES, INTEGRATIONS, AND SUPPORT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

EquipmentFlow disclaims all warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, availability, uninterrupted or error-free operation, compatibility, security, and virus-free operation. We do not warrant that notifications will always be delivered, reminders will always be sent, emails will always arrive, servers will never fail, reports will always be accurate, AI recommendations will always be correct, integrations will always function, or uploads will never fail.

12. Assumption of Risk

The Customer acknowledges that operating vehicles, machinery, tools, equipment, construction sites, industrial facilities, and workplaces involves inherent risks of injury, death, property damage, environmental damage, equipment failure, and business interruption. The Customer voluntarily assumes those risks and acknowledges that EquipmentFlow cannot eliminate, monitor, control, or insure against them.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQUIPMENTFLOW AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR DEATH, PERSONAL INJURY, EQUIPMENT FAILURE, VEHICLE ACCIDENTS, PROPERTY DAMAGE, ENVIRONMENTAL DAMAGE, WORKPLACE INCIDENTS, REGULATORY PENALTIES, OSHA CITATIONS, DOT VIOLATIONS, FINES, LAWSUITS, LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST PRODUCTIVITY, DATA LOSS, CORRUPTED DATA, DOWNTIME, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES.

This exclusion applies regardless of the theory of liability, including contract, tort (including negligence), strict liability, statute, warranty, or otherwise, and even if EquipmentFlow was advised of the possibility of the damages.

14. Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQUIPMENTFLOW’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE SUBSCRIPTION FEES ACTUALLY PAID BY THE CUSTOMER TO EQUIPMENTFLOW DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) USD $100. The exclusions and cap apply to all claims collectively and not separately per claim.

15. Indemnification

The Customer will defend, indemnify, and hold harmless EquipmentFlow and its affiliates, officers, directors, employees, contractors, licensors, and service providers from claims, damages, penalties, losses, liabilities, costs, and reasonable attorneys’ fees arising out of or relating to the Customer’s misuse of the Service, violation of law or these Terms, Customer Data or uploaded content, workplace incidents, employee or contractor actions, negligence, or failure to perform inspections, maintenance, supervision, training, or compliance duties.

16. Suspension and Termination

EquipmentFlow may suspend or terminate access for security threats, unlawful conduct, material breach, misuse, or risk to the Service or another customer. Where practicable, we will provide notice and an opportunity to cure. The Customer may stop using the Service at any time. Termination does not eliminate accepted agreements, confidentiality duties, disclaimers, indemnities, or limitations of liability.

17. Force Majeure

EquipmentFlow will not be responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, war, terrorism, cyberattacks, internet or telecommunications outages, cloud-provider failures, utility failures, labor disputes, government actions, pandemics, or failures of third-party platforms.

18. Severability and Waiver

If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain effective. A failure to enforce a provision is not a waiver of the right to enforce it later.

19. Entire Agreement and Order of Precedence

These Terms, the linked policies, and any applicable signed order form or written amendment are the entire agreement concerning the Service and supersede prior or contemporaneous statements on that subject. If a signed order form expressly conflicts with these Terms, the order form controls only for that conflict; otherwise, these Terms control. No purchase order terms amend these Terms unless EquipmentFlow expressly accepts them in writing.

20. Governing Law and Venue

Unless a signed agreement states otherwise, governing law, jurisdiction, and venue will be determined under applicable law. Nothing in these Terms limits any non-waivable consumer, employment, privacy, or other statutory right that applies to a party.

21. Changes to These Terms

We may update these Terms when the Service, law, or business practices change. For a material change, we will provide notice through the Service or to the account owner when reasonably practicable. The version and effective date shown above identify the version presented for acceptance. Continued use after the effective date may constitute acceptance where permitted by law; a new version may require acceptance through EquipmentFlow’s agreement workflow.

22. Contact

Questions about this document or a request for legal/privacy support may be sent to support@equipmentflowco.com. Security reports should be submitted through the security report form.