Terms of Service

• “Driver” means an individual who maintains a personal credential profile in NextWallet.
• “Carrier” or “Customer” means a motor carrier, operator, or other organization that subscribes to NextDrive or related products.
• “Authorized User” means an individual a Carrier permits to access its account (for example, an administrator, DER, HR user, or mechanic).
• “Content” means data, documents, images, and other materials submitted to or generated within the Services.
• “C/TPA Services” means drug and alcohol program administration provided under 49 C.F.R. Part 40.

NextDrive provides software and administrative tools that help organize and manage regulatory compliance records for transportation and aviation. The Services include:

We may add, modify, or discontinue features at any time. Some features depend on third parties (for example, laboratories, screening providers, or payment processors) whose availability we do not control.

NextDrive is a software and administrative tool. It is not your attorney, your compliance department, your safety consultant, or a guarantor of regulatory compliance. Responsibility for compliance with the requirements of FMCSA, DOT, FAA, U.S. Customs and Border Protection, state agencies, and any other authority rests solely with you and your organization. The Services help you organize, track, and store records; they do not ensure that you meet every legal obligation applicable to your operation, and they do not replace professional legal or compliance advice.

Without limiting the foregoing, we do not warrant or guarantee that:

• The information generated or organized through the Services is complete, accurate, or sufficient for your specific situation;
• Your use of the Services will cause you to comply with any law or regulation;
• You will pass any audit, inspection, roadside review, or CBP validation;
• Any analytics, risk indicator, or AI-assisted output will correctly predict any event or outcome.

You must be at least 18 years old to use the Services. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity under your account. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe present a security or legal risk.

If you use the Services as a Carrier or employer, you additionally agree that:

• You are responsible for your own compliance obligations as an employer and motor carrier.
• Consent for third-party data. Before you upload or request information about any individual, you have obtained all consents and authorizations required by law, including any authorization required to obtain motor vehicle records, PSP reports, Clearinghouse queries, consumer reports, or safety performance history.
• Confidentiality of testing data. You will handle drug and alcohol testing information in accordance with 49 C.F.R. Part 40, including the confidentiality requirements of § 40.321, and you will designate and control access for your DER.
• Lawful use only. You will not use the Services, or any output of the Services, to make employment decisions in a manner that violates the Fair Credit Reporting Act, anti-discrimination laws, or other applicable law.
• Your Authorized Users. You are responsible for the acts and omissions of your Authorized Users and for assigning appropriate access roles.

NextWallet is designed so a Driver maintains a personal credential file that travels with them. A Driver chooses which Carriers may access that file and may revoke access at any time.

Revocation does not delete records a Carrier must legally retain. Where a Carrier obtained or paid for a record about a Driver — for example, a motor vehicle record, road test certificate, or training certificate — the Carrier may retain its own copy as required by law and its own recordkeeping obligations, independent of the Driver’s credential file. Nothing in these Terms requires us or a Carrier to delete records that must be retained under applicable regulation.

Where you engage our C/TPA Services:

• We act as a third-party administrator under 49 C.F.R. Part 40; you remain the employer responsible to the DOT.
• You must designate a Designated Employer Representative (DER).
• Laboratories, collection sites, and the Medical Review Officer are independent third parties, and their determinations are their own.
• Test results are handled with the confidentiality required by § 40.321 and are accessible within the Services only to your DER and authorized administrators.

Certain features use analytics and artificial intelligence, including document reading, coaching suggestions, and safety risk indicators.

• Suggestions, not decisions. These outputs are informational and may contain errors. You must have a qualified person review them before relying on them.
• Not an employment-screening product. Risk indicators are safety tools. They are not consumer reports and are not authorized for use as a factor in hiring, termination, promotion, demotion, compensation, or other adverse employment decisions. You agree not to use them for those purposes.
• No sole automated decisions. We do not use these features to make decisions producing legal or similarly significant effects about you without human involvement.

You agree not to:

• Use the Services for any unlawful, fraudulent, or discriminatory purpose;
• Upload information you are not authorized to share;
• Misuse or improperly disclose confidential drug and alcohol testing information;
• Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Services or their security;
• Reverse engineer, copy, or create derivative works from the Services except as permitted by law;
• Resell, sublicense, or provide the Services to third parties except as expressly permitted;
• Upload malicious code or use automated means to scrape or overload the Services.

Our IP. We and our licensors own the Services, including all software, design, and trademarks. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services in accordance with these Terms.

Your Content. You retain your rights in Content you submit. You grant us a license to host, process, and use that Content as necessary to provide and improve the Services and as described in our Privacy Policy. You represent that you have the rights necessary to submit your Content and grant this license.

Aggregated and deidentified data. We may create and use aggregated or deidentified data that does not identify you, as described in the Privacy Policy.

The Services integrate with or rely on third parties, including laboratories, screening providers, telematics systems, electronic signature providers, and payment processors. Your use of those services is governed by their terms, and we are not responsible for their acts, omissions, or availability.

• Fees are described at the point of purchase or in your order or subscription.
• Subscriptions renew automatically for successive terms unless cancelled before renewal.
• We may change prices with at least 30 days’ notice, effective at your next renewal.
• Transactional charges (for example, tests, Clearinghouse queries, MVRs, or courses) are billed as incurred.
• Except as required by law or expressly stated, fees are non-refundable.
• You are responsible for applicable taxes. Late amounts may be subject to interest and suspension.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT OR OUTPUT IS ACCURATE, COMPLETE, OR SUFFICIENT FOR REGULATORY COMPLIANCE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXTDRIVE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, REGULATORY FINES OR PENALTIES, OR THE COSTS OR CONSEQUENCES OF A FAILED AUDIT, INSPECTION, OR VALIDATION, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

Please read this section carefully. It affects your rights.

Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at admin@nextdrive.cloud, and to allow 30 days to resolve it.

CLASS ACTION WAIVER. YOU AND NEXTDRIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions. Either party may bring a claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.

Opt-out. You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to admin@nextdrive.cloud.

You will indemnify and hold harmless NextDrive and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services; (b) your Content; (c) your failure to obtain required consents from individuals whose data you submit; (d) your violation of these Terms or of any law; or (e) your employment or safety decisions.

These Terms remain in effect while you use the Services. You may cancel at any time. We may suspend or terminate your access for violation of these Terms, non-payment, or legal or security reasons. On termination, your license to use the Services ends. We will retain records for the periods required by law and, where feasible, allow you to export your data for 30 days. Provisions that by their nature should survive — including Sections 3, 10, 13, 14, 15, and 16 — will survive termination.

We may update these Terms from time to time. For material changes, we will provide notice through the Services or by email at least 30 days before they take effect. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree, you must stop using the Services.

• Governing law. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services and supersede prior agreements on the subject.
• Severability. If any provision is unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices. We may provide notices through the Services or by email. Legal notices to us must be sent to admin@nextdrive.cloud and 2475 Paseo de las Americas, 3052, San Diego, CA 92154.
• Language. These Terms may be provided in Spanish for convenience; in case of conflict, the English version controls, to the extent permitted by law.