PLEASE READ THESE TERMS CAREFULLY. By downloading, accessing, or using the Dump Zip mobile application, website, and related services (collectively, the "Platform" or "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the App.
1. The Nature of the Service (Venue Only)
Dump Zip is strictly a passive communications venue and scheduling tool. We provide a digital bulletin board that allows users to post available jobs and users to post available trucks.
Not a Motor Carrier or Dispatcher: Dump Zip is not a motor carrier, freight forwarder, broker, or logistics provider. We do not provide transportation services, we do not employ drivers, and we do not dispatch vehicles.
"Bookings" are User Memorandums: Any "Booking" created within the App is strictly a user-generated scheduling request. The App provides a logistical framework, but the decision to operate, route, and deploy any vehicle remains solely with the equipment owner and operator. Dump Zip exercises no control over the means, methods, or safety of any transportation services.
No Agency: Use of the App does not create an employer-employee, agency, partnership, or joint venture relationship between any User and Dump Zip.
2. User Accounts & Vicarious Liability
You must register to use the App. You agree to provide accurate, complete, and updated information.
Account Security: You are strictly responsible for all activity that occurs under your account.
Substitute Drivers & Unauthorized Access: You are 100% vicariously liable for any individual who operates your equipment or accesses the App under your account, whether you expressly authorized them or not. If a third party (e.g., a substitute driver, employee, or contractor) uses your account or equipment to fulfill a Booking and causes damage or injury, you agree to fully indemnify Dump Zip.
Right to Terminate: To comply with App Store guidelines and maintain a safe venue, Dump Zip maintains a zero-tolerance policy for abusive behavior, harassment, or fraudulent activity. We reserve the right to suspend or terminate your account at any time, without notice or liability, for any reason.
3. Specific Obligations for Hauling (Truck Owners/Drivers)
When you use the App to accept a Booking or offer equipment for hire, you represent and warrant that:
Insurance Warranty: You possess and will maintain at all times valid commercial auto liability insurance that meets or exceeds all applicable state and federal minimums. Dump Zip does not verify insurance or require you to name us as an additional insured; by using this App, you legally warrant your continuous compliance.
Regulatory & Environmental Compliance: You possess all necessary licenses, permits, and FMCSA authorities (including a valid US DOT number where applicable). You expressly warrant compliance with all applicable environmental laws, including but not limited to California Air Resources Board (CARB) regulations, Heavy-Duty Vehicle Inspection programs, and hazardous materials handling laws.
Cargo Liability Waiver: You acknowledge that Dump Zip is not a motor carrier. We assume no liability under the Carmack Amendment (49 U.S.C. § 14706) for loss, damage, or delay of cargo.
Safety & Maintenance: Your vehicles are properly maintained, safe, and legally compliant. You are solely responsible for obeying all traffic laws, weight limits, and safety regulations.
Safe Operation & Distracted Driving: You expressly agree never to interact with the App, view the screen, or input data while your vehicle is in motion.
4. Specific Obligations for Posting Jobs (Contractors)
When you use the App to post a Job or request equipment, you represent and warrant that:
Safe Sites: The job location, access points, and any specific instructions you provide are safe, legal, and suitable for heavy commercial vehicles.
Clearance & Routing Liability: Dump Zip's maps and geohash data are for general reference only. You are solely responsible for ensuring the route has adequate clearances (weight, height, terrain).
Load Limits & Lawful Requests: You agree not to request loads or tasks that violate federal, state, or local laws.
5. Fees, Subscriptions & Payment
Beta & Free Access: Dump Zip may offer the App on a free or trial basis ("Beta"). Dump Zip reserves the right to terminate free access or convert free accounts to paid subscriptions at any time upon notice.
Subscription Plans: Certain features may require a recurring subscription fee ("Subscription Fee"). By subscribing, you authorize Dump Zip (or our third-party payment processor) to charge your payment method in advance on a recurring basis.
Software Fee Only: You acknowledge that the Subscription Fee is strictly for access to the software platform. It is not a freight commission or broker fee.
No Refunds & Cancellation: You may cancel your subscription at any time through your account settings. Dump Zip does not provide refunds for partial months or unused services.
Third-Party Processing: Dump Zip uses third-party payment processors (e.g., Stripe, Apple, Google) to handle transactions.
No Payments Between Users: Dump Zip does not facilitate payments, process payroll, or take commissions. All financial agreements are strictly between users, off-platform.
Time Logs are Estimates: Any timestamps or duration metrics generated by the App are for scheduling convenience only. They are not certified payroll records.
7. User-Generated Content & Communications
SMS and Automated Communications: By creating an Account, you expressly consent to receive automated text messages (SMS) and push notifications regarding Bookings and account updates.
App Store Compliance: There is no tolerance for objectionable content or abusive users. You may not use the App to transmit spam, harassment, or illegal material.
8. Limited License & Intellectual Property
Dump Zip grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App for its intended business purpose.
9. MASTER DISCLAIMER OF WARRANTIES
THE APP AND ALL RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DUMP ZIP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
DUMP ZIP MAKES NO WARRANTY AND ACCEPTS NO LIABILITY REGARDING: PHYSICAL HARM, DATA ERRORS, USER CONDUCT, OR BUSINESS LOSS.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DUMP ZIP, ITS FOUNDERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.
LIQUIDATED DAMAGES CAP: IN NO EVENT SHALL DUMP ZIP'S TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO DUMP ZIP IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
11. Indemnification
You agree to defend, indemnify, and hold harmless Dump Zip from and against any and all claims, damages, or losses arising from your use of the App, your violation of these Terms, or any claim that your actions caused damage, injury, or death to a third party.
12. App Store Provisions (Apple & Google)
You acknowledge that these Terms are between you and Dump Zip only, not with Apple Inc. or Google LLC.
Maintenance: Apple/Google has no obligation to furnish maintenance or support for the App.
Warranty: Apple/Google is not responsible for any product warranties, whether express or implied by law.
Third-Party Beneficiary: You acknowledge that Apple/Google and their subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you.
13. General Provisions
Governing Law: These Terms shall be governed by the laws of the State of Kentucky.
Arbitration: Any dispute shall be resolved exclusively through binding arbitration in Kenton County, Kentucky.
Modifications: Dump Zip reserves the right to modify these Terms at any time. Continued use of the App constitutes acceptance of the new Terms.