Terms and Conditions

1. Services and accounts

DQ File Management provides driver qualification file management software, carrier onboarding workflows, driver application workflows, secure document collection, electronic signature requests, checklist tracking, document extraction and review tools, compliance-policy document handling, reminders, exports, and related services.

You agree to provide accurate account, company, carrier, driver, and workflow information; protect login credentials; and accept responsibility for activity under your account.

If you access the Services for an employer, carrier, partner, or other organization, you represent that you are authorized to do so and to bind or act for that organization where applicable.

2. No legal advice; no compliance guarantee

The Services are workflow and information tools. They are not legal advice, regulatory advice, safety consulting, employment advice, or a substitute for qualified counsel or compliance professionals.

Carriers, employers, partners, and their authorized users remain solely responsible for FMCSA, DOT, state, employment, privacy, recordkeeping, qualification, hiring, retention, and audit obligations.

DQ File Management does not determine whether a driver is qualified, whether a driver file is complete, whether a carrier is compliant, or whether any document will satisfy a regulator, auditor, insurer, customer, or court.

3. Customer responsibilities

You are responsible for selecting appropriate carrier settings, driver roles, checklist requirements, document requests, signature requests, policy documents, and reminders.

You must review information extracted, classified, summarized, or suggested by the Services before relying on it. OCR, AI, automation, and rules-based workflows may be incomplete, outdated, or incorrect.

You are responsible for obtaining required authorizations and consents before requesting, uploading, processing, or relying on sensitive driver data, including motor vehicle records, employment history, drug-and-alcohol compliance information, medical qualification information, signatures, and identity documents.

4. Driver and document data

The Services may process driver applications, addresses, employment history, license details, MVR-related records, PSP/FCRA/Clearinghouse-related records, medical qualification information, signed acknowledgements, uploaded files, audit logs, and other driver qualification materials.

You represent that you have the right to upload, request, store, process, transmit, and use the documents and data you submit to the Services. You must not submit unlawful, malicious, unauthorized, or irrelevant material.

Completed signature records and historical acknowledgements should remain tied to the document version the signer reviewed. Replacing a policy or template affects future workflows only unless the product expressly states otherwise.

5. Electronic records and signatures

The Services may support electronic signatures, attestations, acknowledgements, timestamps, IP addresses, user-agent records, document hashes, and related audit information.

By using signature or acknowledgement workflows, you consent to electronic records and signatures for the applicable transaction and agree that electronic records may be used as evidence of the action taken.

6. Communications and SMS

We may send operational emails, text messages, phone calls, and in-app messages related to accounts, support, driver applications, secure uploads, signature requests, compliance reminders, and service notices.

SMS messages are for operational and compliance workflows, not marketing. Message frequency varies. Message and data rates may apply. Reply STOP to opt out of SMS and HELP for help, or contact support.

7. Acceptable use

You may not misuse the Services, access data without authorization, share credentials, scrape or reverse engineer the platform, bypass security controls, upload malware, falsify consents or signatures, misrepresent compliance status, or use the Services to violate law or third-party rights.

We may suspend or terminate access when needed to protect the Services, customers, drivers, legal obligations, or platform integrity.

8. Confidentiality, security, and third-party services

Each party will use reasonable care to protect confidential information. Personal data is handled under our Privacy Policy.

We use reasonable administrative, technical, and physical safeguards, but no system is 100% secure or uninterrupted.

The Services may rely on third-party providers for hosting, storage, authentication, email, SMS, analytics, document scanning, payment processing, and similar operations. Third-party services are governed by their own terms and policies.

9. Fees and paid services

Paid services, subscriptions, renewals, implementation work, or managed services may be governed by an order form, invoice, subscription terms, or other written agreement. You are responsible for authorized charges and applicable taxes unless a separate agreement says otherwise.

10. Intellectual property

DQ File Management, platform features, templates, software, text, designs, and related materials are owned by Evergreen Comply, LLC or its licensors. You receive a limited right to use the Services for your internal business and compliance workflows, subject to these Terms.

You retain ownership of customer and driver data you submit, subject to the rights needed for us and our vendors to operate, secure, improve, and support the Services.

11. Disclaimers

THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, AUDIT-PROOF, REGULATOR-APPROVED, OR SUFFICIENT FOR YOUR SPECIFIC LEGAL OR COMPLIANCE REQUIREMENTS.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERGREEN COMPLY, LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, FAILED AUDITS, REGULATORY PENALTIES, OR EMPLOYMENT DECISIONS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF US$500 OR THE AMOUNTS PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

13. Indemnification

You agree to defend, indemnify, and hold harmless Evergreen Comply, LLC, its members, officers, employees, contractors, and agents from claims, damages, penalties, losses, and expenses arising from your data, your use of the Services, your violation of these Terms, unauthorized collection or use of driver data, inaccurate information, or your organization’s compliance, employment, qualification, or recordkeeping decisions.

14. Governing law; disputes

These Terms are governed by California law, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, unless applicable law requires otherwise.

Claims must be brought individually and not as a class, collective, consolidated, or representative action. Either party may seek injunctive or equitable relief in court to protect intellectual property, confidential information, security, or unauthorized access.

15. Changes to these Terms

We may update these Terms from time to time. Continued use of the Services after the updated Terms are posted or presented for acceptance means you accept the updated Terms. Material changes may require renewed acceptance.