Terms and Conditions

Last Updated: 03/01/2025

Welcome to D42 Driver. These Terms and Conditions ("Terms") govern your access and use of the D42 Driver mobile application ("App"), owned and operated by WBCS GROUP INC ("Company," "we," "us," or "our").

By downloading, accessing, or using D42 Driver, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree with any part of these Terms, you must immediately stop using the App.

This App is designed exclusively for truck drivers who use the D42 TMS platform to manage and track their loads. The App is provided free of charge to assist with load tracking, status updates, and driver performance analytics.

Contents

1. Our Services 
2. Intellectual Property Rights 
3. User Representations 
4. User Registration 
5. Software 
6. Prohibited Activities 
7. Mobile Application 
8. Services Management 
9. Privacy Policy 
10. Term and Termination 
11. Modifications and Interruptions 
12. Governing Law 
13. Dispute Resolution
14. Disclaimer 
15. Limitations of Liability
16. Indemnification 
17. User Data 
18. Electronic Communications, Transactions, and Signatures 
19. Contact Us 

1. Our Services

1.1 Overview

D42 Driver is a mobile application designed for truck drivers to interact with the D42 TMS (Transportation Management System). The App serves as a bridge between drivers and the D42 TMS platform, allowing seamless communication and real-time load management.

The App is free to use and does not require any subscription fees.

1.2 Core Features

The D42 Driver app provides the following functionalities:

• Load Tracking & Status Updates

• Drivers can confirm load tracking, update delivery status, and provide real-time updates.

• Load History & Performance Analytics

• Drivers can view past loads completed, analyze performance, and access load statistics.

• Integration with D42 TMS

• The App syncs with the D42 TMS platform, ensuring smooth communication between drivers and fleet managers.

• Real-Time Notifications & Alerts

• Drivers receive important updates about their loads, delays, and system notifications.

1.3 Availability & Limitations

• The App is available for use only within the United States.
• The App requires an active internet connection to function properly.
• The App is designed exclusively for professional truck drivers with access to D42 TMS.
• D42 Driver does not provide load booking or dispatching services—it is strictly for tracking and performance monitoring.

WBCS GROUP INC reserves the right to modify, suspend, or discontinue any aspect of the App at any time without prior notice.

2. Intellectual Property Rights

2.1 Ownership of Intellectual Property

All intellectual property rights in and to the D42 Driver application ("App"), including but not limited to its software, source code, text, graphics, logos, icons, images, videos, design elements, trademarks, trade names, proprietary algorithms, databases, and any other materials contained in the App, are owned and controlled exclusively by WBCS GROUP INC ("Company," "we," "us," or "our").

By using the App, you acknowledge and agree that:

• You do not acquire any ownership rights in or to the App or any content provided through it.
• The App is licensed, not sold, to you for use strictly in accordance with these Terms and Conditions.
• All trademarks, logos, and branding related to D42 Driver and D42 TMS are protected by copyright, trademark, and other intellectual property laws in the United States and internationally.

Unauthorized reproduction, modification, distribution, or exploitation of any content within the App without express written permission from WBCS GROUP INC is strictly prohibited and may result in legal action.

2.2 Limited License to Users

Subject to your compliance with these Terms and Conditions, WBCS GROUP INC grants you a non-exclusive, non-transferable, revocable, and limited license to:

• Download, install, and use the D42 Driver App solely for its intended purpose (i.e., facilitating communication between truck drivers and the D42 TMS platform).
• Access and use the App on a mobile device that you own or control, in accordance with applicable laws and these Terms.

You are expressly prohibited from:

• Copying, modifying, distributing, selling, sublicensing, or reverse-engineering any part of the App.
• Using any automated tools, bots, or unauthorized software to interfere with the App’s functionality.
• Removing, altering, or obscuring any copyright, trademark, or proprietary notices contained within the App.

Failure to comply with these restrictions will result in the immediate termination of your license and may lead to legal liability.

2.3 Violation of Intellectual Property Rights

WBCS GROUP INC strictly enforces its intellectual property rights. If we believe that you have infringed upon our copyrights, trademarks, or proprietary materials, we may:

• Suspend or terminate your access to the App.
• Pursue legal action to enforce our rights and recover damages.
• Cooperate with law enforcement or third-party investigators in cases of infringement.

If you believe that any content within the D42 Driver App violates your intellectual property rights, please contact support@d42.tech with a detailed explanation of the claim.

3. User Representations

3.1 Eligibility to Use the App

By accessing and using D42 Driver, you represent and warrant that:

• You are at least 18 years old and legally capable of entering into a binding contract under U.S. law.
• You are a professional truck driver with access to D42 TMS for load tracking and status updates.
• You will use the App only for lawful trucking-related purposes and in compliance with these Terms.
• You will not use the App for personal, consumer, or non-trucking purposes.
• You have the legal authority to accept these Terms on behalf of yourself or the entity you represent.

3.2 Compliance with Laws and Industry Regulations

Users of D42 Driver agree to comply with all applicable federal, state, and local laws, including but not limited to:

• Federal Motor Carrier Safety Administration (FMCSA) regulations.
• U.S. Department of Transportation (DOT) requirements.
• Electronic Logging Device (ELD) compliance (if applicable).
• State-specific trucking regulations regarding freight transport and carrier compliance.

Any use of the App that violates or circumvents applicable laws and regulations is strictly prohibited.

3.3 Accurate and Truthful Information

You agree that all information provided to D42 Driver is accurate, complete, and up to date. This includes, but is not limited to:

• Your full legal name and contact information.
• Your company or fleet affiliation (if applicable).
• Any status updates or load tracking information you submit through the App.

Knowingly providing false, misleading, or incomplete information may result in:

• Suspension or termination of your account.
• Legal liability if your actions cause financial or operational harm.

3.4 Unauthorized Use and Access Restrictions

You agree not to:

• Share, transfer, or allow unauthorized persons to access your App account.
• Use the App in any way that interferes with its normal operation, including introducing viruses, malware, or hacking attempts.
• Use the App to engage in fraudulent, deceptive, or unlawful conduct, including tampering with tracking data.

WBCS GROUP INC reserves the right to investigate any suspected violations and take appropriate legal or technical action, including terminating user accounts.

3.5 Reporting Violations

If you become aware of any unauthorized use, security breach, or other violation of these Terms, you must immediately notify WBCS GROUP INC at support@d42.tech.

Failure to report known violations may result in disciplinary action, including legal consequences.

4. User Registration

4.1 Account Creation and Access

To use the D42 Driver mobile application ("App"), users may be required to create an account or authenticate using credentials provided by their fleet or D42 TMS. By registering for or accessing the App, you agree to:

• Provide accurate, complete, and current information as requested during registration.
• Maintain the confidentiality of your login credentials (such as username, password, or other authentication methods).
• Not share your account information with any unauthorized individuals.

If your employer or fleet provides your login credentials, you must use the App in accordance with their policies as well as these Terms and Conditions.

4.2 User Account Responsibilities

You acknowledge and agree that:

• You are fully responsible for all activities that occur under your account.
• You must immediately notify WBCS GROUP INC at support@d42.tech if you suspect unauthorized access, a security breach, or fraudulent use of your account.
• You may not create multiple accounts or impersonate another individual, company, or entity.
• WBCS GROUP INC reserves the right to disable or suspend accounts if:

• The information provided is false, misleading, or incomplete.
• There is evidence of unauthorized, illegal, or abusive use of the App.

WBCS GROUP INC is not responsible for any loss or damage resulting from unauthorized access to your account caused by your failure to maintain security over your login credentials.

4.3 Single-User License and Fleet Access

• Each account is intended for use by a single, registered driver.
• If you are part of a fleet, your fleet manager may have access to track or manage certain account details as part of the integration with D42 TMS.
• You agree that WBCS GROUP INC and the fleet operator retain control over access rights to ensure compliance with company policies and legal requirements.

4.4 Account Deactivation and Termination

Users may request to deactivate their account by contacting support@d42.tech.

• If you leave your trucking company or your employment is terminated, your access to the D42 Driver App may be revoked by your fleet manager or by WBCS GROUP INC.
• WBCS GROUP INC reserves the right to terminate or suspend accounts that violate these Terms or engage in unauthorized activities.

Once an account is terminated, all associated data may be retained for compliance, audit, or security purposes as outlined in the Privacy Policy.

5. Software

5.1 Limited License to Use the App

WBCS GROUP INC grants you a non-exclusive, non-transferable, revocable, and limited license to:

• Download, install, and use the D42 Driver App on a mobile device solely for its intended purpose (load tracking, status updates, and statistics related to D42 TMS).
• Use the App strictly in accordance with these Terms, applicable laws, and your fleet’s operational policies.

You acknowledge that you do not own the software, and this license does not grant you any ownership rights over the App or its content.

5.2 Prohibited Use of Software

You may not:

• Modify, reverse-engineer, decompile, or disassemble any part of the App.
• Copy, distribute, sell, sublicense, or exploit the App for commercial or unauthorized purposes.
• Use automated tools, bots, or scripts to interact with the App or attempt to interfere with its operation.
• Bypass or attempt to disable any security measures protecting the App.
• Use the App in any way that disrupts, damages, or impairs the D42 TMS platform or the networks connected to it.

Unauthorized use or modification of the D42 Driver software will result in immediate termination of access and may lead to legal action.

5.3 Updates, Modifications, and Software Support

WBCS GROUP INC may:

• Release updates, patches, or new versions of the App to enhance functionality, improve security, or fix bugs.
• Modify, suspend, or discontinue certain features at any time without prior notice.
• Require users to update the App to continue accessing services.

Users acknowledge that failure to update the App may result in limited functionality or service disruptions.

WBCS GROUP INC is not responsible for:

• Compatibility issues with outdated operating systems or unsupported devices.
• Loss of data or operational disruptions resulting from software updates.
• Technical issues caused by third-party modifications, jailbreaking, or rooting of devices.

5.4 Third-Party Software and Integrations

D42 Driver may integrate with third-party tools and services (such as GPS tracking, push notifications, or cloud storage).

• WBCS GROUP INC does not control or guarantee the performance, security, or reliability of third-party integrations.
• Use of third-party services may be subject to additional terms set by their respective providers.
• Users acknowledge that WBCS GROUP INC is not responsible for third-party failures, security breaches, or service disruptions.

If a third-party service is discontinued or compromised, D42 Driver reserves the right to disable or replace such integrations without liability.

5.5 Ownership and Protection of the Software

The D42 Driver App and all related technology remain the exclusive property of WBCS GROUP INC.

• All copyrights, trademarks, patents, and proprietary rights related to the software are protected under U.S. and international intellectual property laws.
• Users are not permitted to claim ownership, redistribute, or commercially exploit any part of the App.
• Any attempt to replicate, clone, or sell the software without written permission will be considered intellectual property infringement and may result in legal action.

Users agree not to challenge the ownership or rights of WBCS GROUP INC over the software, branding, or associated technologies.

6. Prohibited Activities

By using the D42 Driver mobile application ("App"), you agree to follow all applicable laws, regulations, and these Terms and Conditions. Any misuse of the App may result in account suspension, termination, or legal action by WBCS GROUP INC.

6.1 General Prohibited Activities

You may not:

• Use the App for any unlawful purpose or in violation of federal, state, or local laws.
• Provide false, misleading, or fraudulent information within the App.
• Interfere with, disrupt, or attempt to compromise the security or functionality of the App.
• Attempt to hack, modify, reverse-engineer, decompile, or disassemble any part of the App.
• Use the App in a way that harms or disrupts the D42 TMS platform or other users.

6.2 Unauthorized Access and Security Violations

Users must not:

• Access another user’s account or share their credentials with unauthorized persons.
• Bypass security measures, such as authentication systems or data encryption.
• Attempt to gain unauthorized access to restricted areas of the App, servers, or databases.
• Use the App to collect, store, or distribute personal data of other users without consent.

WBCS GROUP INC actively monitors security threats and reserves the right to report violations to law enforcement authorities.

6.3 Data Tampering and Fraud

Users must not:

• Falsify load status updates or manipulate tracking data.
• Alter or delete any App-generated records without authorization.
• Engage in fraudulent behavior related to load tracking, driver performance, or reporting.

If we detect fraudulent activities, we may suspend or terminate access without notice.

6.4 Misuse of Intellectual Property and Content

Users are prohibited from:

• Copying, modifying, or redistributing any part of the App’s software, branding, or content.
• Removing, altering, or obscuring any copyright, trademark, or proprietary notices.
• Using the App’s name, logo, or branding for unauthorized commercial purposes.

All intellectual property remains the exclusive property of WBCS GROUP INC, and violations may lead to legal action.

6.5 Malicious Activity and Unauthorized Automation

You may not:

• Use bots, scripts, or automated tools to interact with the App.
• Introduce viruses, malware, or any other malicious code into the App.
• Attempt to overload, spam, or crash the App or its associated servers.

Violations will result in permanent account suspension and may be reported to cybersecurity enforcement agencies.

6.6 Commercial Misuse and Third-Party Exploitation

The App may not be used for:

• Selling or reselling access to the App.
• Advertising third-party products or services without authorization.
• Integrating the App into third-party platforms without written permission from WBCS GROUP INC.

Any unauthorized commercial use of the App may result in legal consequences.

7. Mobile Application – Rules for App Usage and Updates

7.1 License for App Usage

Users are granted a limited, non-exclusive, non-transferable, and revocable license to:

• Download and use the App on a mobile device for its intended purpose.
• Access App features in accordance with these Terms and Conditions.

The App is not sold to users but licensed under these Terms. Any violation of the license restrictions will result in termination of access.

7.2 App Updates and Modifications

WBCS GROUP INC may:

• Release updates, patches, or new features to improve the App.
• Modify or discontinue certain services or functionalities.
• Require users to install updates to maintain security and performance.

Users are responsible for keeping the App updated. Failure to install updates may result in limited functionality or loss of access.

7.3 Device Compatibility and Performance

Users acknowledge that:

• The App requires an internet connection to function properly.
• Performance may vary based on device type, operating system, and available resources.
• WBCS GROUP INC is not responsible for:

• Compatibility issues with unsupported devices.
• Performance problems caused by low storage, outdated software, or third-party modifications.

Users should ensure their devices meet the minimum system requirements for optimal performance.

7.4 Third-Party Integrations and Services

The App may integrate with third-party services, including:

• GPS tracking and navigation tools.
• Push notification services.
• D42 TMS data synchronization.

WBCS GROUP INC does not control or guarantee the performance, security, or availability of these third-party services. If a third-party service fails, users must contact the respective service provider.

7.5 Suspension or Termination of App Access

WBCS GROUP INC reserves the right to:

• Suspend or terminate a user’s access to the App for violations of these Terms.
• Restrict functionality for users engaging in unauthorized activities.
• Modify or discontinue App features at any time, without prior notice.

Users may stop using the App at any time by uninstalling it from their device. However, certain data may still be retained in compliance with legal and operational requirements.

8. Services Management

8.1 Right to Modify Services

WBCS GROUP INC reserves the right to modify, update, or enhance any feature or functionality of the D42 Driver application ("App") at any time, without prior notice. Modifications may include, but are not limited to:

• Adding or removing features related to load tracking, driver statistics, and system notifications.
• Enhancing security measures to protect user data and improve compliance.
• Adjusting integrations with the D42 TMS platform or third-party services.
• Fixing technical issues or deploying performance improvements.

Users acknowledge that continued use of the App after any modifications constitutes acceptance of those changes.

8.2 Right to Suspend or Terminate Services

WBCS GROUP INC may suspend, restrict, or terminate access to the App under the following circumstances:

• Violation of these Terms and Conditions.
• Fraudulent or unauthorized use of the App.
• Security risks, including unauthorized access or hacking attempts.
• System failures, legal requirements, or regulatory compliance mandates.
• End of service availability or business discontinuation.

In the event of service termination, WBCS GROUP INC will:

• Make reasonable efforts to notify users in advance, where feasible.
• Provide information on alternative solutions, if applicable.
• Retain or delete user data in accordance with the Privacy Policy.

Users acknowledge that WBCS GROUP INC is not liable for any loss of data, revenue, or operational impact caused by service suspension or termination.

8.3 User Responsibilities Upon Service Termination

If the App is discontinued or a user’s access is terminated, the user must:

• Cease all use of the App immediately.
• Uninstall the App from all devices.
• Refrain from attempting to access restricted services through unauthorized means.

Upon termination, WBCS GROUP INC may delete all user-generated data, except where retention is required for legal, regulatory, or operational purposes.

9. Privacy Policy

9.1 Overview of Data Privacy

By using the D42 Driver App, users agree to the collection, processing, and storage of their data as outlined in this Privacy Policy. WBCS GROUP INC is committed to protecting user privacy and ensuring compliance with applicable U.S. data protection laws.

This section explains:

• What data is collected.
• How data is used and stored.
• How users can manage their data and privacy rights.

9.2 Data Collected

The App collects the following types of data:

A. Personal Information (Provided by Users)

• Full name
• Email address and phone number
• Company affiliation (if applicable)

B. Business and Operational Data

• Load tracking updates (e.g., pickup, delivery, transit status)
• Performance analytics (e.g., loads completed, delivery history)
• GPS location data (if tracking is enabled)

C. Technical and Device Information

• Device type, operating system, and app version
• IP address and network information
• Crash logs and app usage analytics

Users acknowledge that providing false or incomplete information may result in restricted access to the App.

9.3 How Data is Used

Data collected through the D42 Driver App is used for the following purposes:

• Facilitating real-time load tracking and delivery updates.
• Syncing driver activities with the D42 TMS platform.
• Enhancing security, fraud prevention, and system monitoring.
• Providing user support and troubleshooting technical issues.
• Generating anonymous analytics to improve App performance.

WBCS GROUP INC does not sell user data to third parties and ensures that all data processing is lawful, fair, and transparent.

9.4 Data Sharing and Third-Party Access

User data may be shared in the following cases:

• With the user’s fleet operator (if the App is used within a fleet management system).
• With third-party service providers (for GPS tracking, cloud storage, or notification services).
• With law enforcement or regulatory agencies, if required by law.

All third-party integrations are subject to strict data protection agreements to ensure privacy compliance.

9.5 Data Security and Storage

WBCS GROUP INC implements industry-standard security measures to protect user data, including:

• Encryption of sensitive information in transit and at rest.
• Access controls to prevent unauthorized data access.
• Regular security audits and vulnerability testing.

Data is stored on secure servers in the United States and retained only for as long as necessary to fulfill operational and legal obligations.

9.6 User Rights and Data Management

Users have the following rights regarding their data:

• Access: Request a copy of their stored data.
• Correction: Update inaccurate or outdated information.
• Deletion: Request deletion of their data (subject to legal and operational requirements).
• Opt-Out: Disable location tracking or marketing communications.

To exercise these rights, users may contact support@d42.tech.

9.7 Retention and Deletion of Data

WBCS GROUP INC retains user data:

• For as long as necessary to provide services.
• For compliance with legal obligations (e.g., tax, audit, or regulatory requirements).
• For security and fraud prevention purposes.

After account termination, some data may still be retained for legal or operational reasons, in compliance with U.S. data retention laws.

9.8 Updates to the Privacy Policy

WBCS GROUP INC may update this Privacy Policy periodically to reflect:

• Changes in data protection laws.
• New data processing practices.
• Modifications to third-party services.

Users will be notified of material changes via email, in-app notifications, or by an update to the App. Continued use of the App after changes constitutes acceptance of the updated Privacy Policy.

10. Term and Termination

10.1 Term of Agreement

These Terms and Conditions remain in effect as long as you continue to use the D42 Driver application ("App"). By downloading, installing, or using the App, you agree to comply with these Terms until your access is terminated by you or WBCS GROUP INC.

10.2 User-Initiated Termination

You may terminate your use of the App at any time by:

• Uninstalling the App from your mobile device.
• Requesting account deactivation by emailing support@d42.tech.

Once your account is terminated:

• You will lose access to all App features and stored data.
• Certain business and operational records may still be retained for legal and compliance purposes.

10.3 Termination by WBCS GROUP INC

WBCS GROUP INC reserves the right to suspend or terminate your access to the App at any time, with or without notice, if:

• You violate these Terms or engage in prohibited activities.
• You provide false, misleading, or incomplete information during account registration.
• Your fleet operator or employer requests termination of your access.
• You engage in fraudulent, abusive, or unauthorized use of the App.
• The App is discontinued or replaced with another service.

10.4 Effect of Termination

Upon termination of your account:

• Your license to use the App is revoked immediately.
• You must cease all use of the App and delete it from your device(s).
• WBCS GROUP INC has no obligation to store or retain your personal data beyond legal retention periods.
• Any rights, obligations, or liabilities that accrued before termination (e.g., fraud, policy violations) will remain in effect.

Users acknowledge that WBCS GROUP INC is not liable for any loss of data, business, or revenue resulting from termination.

10.5 Reinstatement of Access

If your account was suspended or terminated due to a policy violation, you may request a review by contacting support@d42.tech.

• Reinstatement is not guaranteed and will be considered on a case-by-case basis.
• If reinstated, you may be subject to additional monitoring or restrictions.

11. Modifications and Interruptions

11.1 Right to Modify or Update the App

WBCS GROUP INC reserves the right to modify, update, or discontinue any part of the App at any time without prior notice. Changes may include:

• Adding, removing, or modifying features related to load tracking, status updates, and driver performance analytics.
• Enhancing security measures and compliance protocols.
• Improving compatibility with third-party services, including D42 TMS integrations.

Users acknowledge that continued use of the App after updates constitutes acceptance of any changes.

11.2 Temporary Interruptions and Service Downtime

The D42 Driver App may be temporarily unavailable due to:

• Scheduled maintenance and system updates.
• Technical issues, including network failures or security threats.
• Unforeseen disruptions, such as cyberattacks or data breaches.

WBCS GROUP INC is not liable for:

• Loss of business, delays, or operational disruptions caused by service downtime.
• Incompatibility issues arising from outdated operating systems or third-party software conflicts.
• User inability to access the App due to internet connectivity issues.

Users should ensure their device is updated and compatible with the latest version of the App to minimize service interruptions.

11.3 Discontinuation of the App

WBCS GROUP INC reserves the right to discontinue the App at any time.
If the App is permanently discontinued:

• Users will receive advance notice, where feasible.
• Any stored user data will be handled in accordance with the Privacy Policy.
• Alternative solutions may be recommended, but WBCS GROUP INC is not obligated to provide replacement services.

12. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

12.1 Jurisdiction and Venue

By using the D42 Driver application ("App"), you agree that:

• Any legal action, claim, or dispute arising out of or relating to these Terms shall be exclusively resolved in the courts of Delaware.
• You waive any objections to personal jurisdiction and venue in Delaware courts.
• You acknowledge that these Terms are enforceable under applicable federal and state laws in the United States.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. Dispute Resolution

13.1 Mandatory Arbitration Agreement

By using the D42 Driver App, you agree that any dispute, controversy, or claim arising from these Terms and Conditions, Privacy Policy, or use of the App shall be exclusively resolved through binding arbitration, rather than litigation in court, except as specified in Section 13.2 below.

• Arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA).
• The arbitration shall take place in Delaware, United States, unless both parties agree to an alternative location.
• The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

You understand that by agreeing to arbitration, you waive your right to sue in court and have a trial by jury.

13.2 Exceptions to Arbitration

The arbitration agreement does not apply in the following circumstances:

• Small Claims Court: Either party may bring an individual claim in small claims court for disputes that qualify.
• Injunctive Relief: WBCS GROUP INC may seek injunctive relief in a court of law to prevent unauthorized use of intellectual property, fraud, or misuse of the App.
• Violation of Intellectual Property Rights: Disputes related to copyright, trademarks, or trade secrets may be resolved in court rather than arbitration.

In these cases, the dispute shall be resolved exclusively in the courts of Delaware.

13.3 Class Action Waiver

To the fullest extent permitted by law, all claims must be brought individually.

• No class actions, group litigation, or representative claims shall be permitted.
• You agree that you waive any right to participate in a class action lawsuit against WBCS GROUP INC.

This waiver applies regardless of the arbitration or court venue.

13.4 Fees and Costs

Each party shall bear its own attorneys’ fees and arbitration costs, except where applicable laws require WBCS GROUP INC to cover certain arbitration expenses.

If a dispute is found to be frivolous or in bad faith, the prevailing party may seek reimbursement of legal fees and costs.

14. Disclaimer

14.1 No Warranties

The D42 Driver App is provided on an "AS IS" and "AS AVAILABLE" basis.

WBCS GROUP INC makes no warranties, express or implied, regarding:

• The availability, reliability, or uninterrupted operation of the App.
• The accuracy or completeness of tracking, reporting, or data synchronization.
• The fitness of the App for a particular purpose.

Users acknowledge that the App may be subject to interruptions, errors, or technical issues beyond the control of WBCS GROUP INC.

14.2 Limitation of Liability

To the maximum extent permitted by law, WBCS GROUP INC shall not be liable for:

• Loss of profits, revenue, or business opportunities resulting from the use or inability to use the App.
• Data loss, security breaches, or cyberattacks affecting App functionality.
• Service interruptions due to third-party failures, including load boards, GPS tracking, or cloud services.
• Legal or regulatory penalties incurred by users for non-compliance with trucking industry laws.

The total liability of WBCS GROUP INC for any claim shall not exceed the amount paid by the user for the App (which is free) in the past 12 months.

Users acknowledge that their use of the D42 Driver App is at their own risk.

14.3 Indemnification

Users agree to defend, indemnify, and hold harmless WBCS GROUP INC, its affiliates, employees, and partners from:

• Any claims, damages, or disputes arising from their use of the App.
• Legal or financial liabilities resulting from violations of these Terms.
• Consequences of misuse, fraudulent activities, or unauthorized access.

WBCS GROUP INC reserves the right to control its defense in any indemnification claim and require full cooperation from the user.

15. Limitations of Liability

15.1 General Limitation of Liability

To the maximum extent permitted by law, WBCS GROUP INC, its affiliates, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to:

• Loss of business revenue, profits, contracts, goodwill, or anticipated savings.
• Data loss, corruption, or unauthorized access to user information.
• Operational delays, service interruptions, or technical failures of the App.
• Errors, bugs, inaccuracies, or omissions in tracking, reporting, or system updates.
• User reliance on the App for regulatory compliance, financial decisions, or business planning.

The total liability of WBCS GROUP INC under these Terms shall not exceed the amount paid by the user for the App in the previous 12 months (which, in the case of the D42 Driver App, is zero, as the App is free).

15.2 No Liability for Third-Party Services

The D42 Driver App integrates with third-party services, such as:

• D42 TMS (Transportation Management System)
• GPS tracking providers
• Cloud storage and hosting services

WBCS GROUP INC is not responsible for the accuracy, reliability, or security of third-party services and assumes no liability for:

• Service failures, outages, or errors caused by third-party platforms.
• Data breaches, cyberattacks, or unauthorized access due to third-party vulnerabilities.
• Disruptions in tracking, load updates, or integrations beyond WBCS GROUP INC’s control.

Users acknowledge that any issues with third-party services must be resolved directly with the respective provider.

15.3 No Liability for User Actions

Users are solely responsible for their actions while using the App. WBCS GROUP INC shall not be liable for:

• Incorrect or fraudulent load status updates submitted by users.
• Regulatory fines, penalties, or legal violations incurred due to user non-compliance.
• Damages caused by unauthorized or improper use of the App.

Users acknowledge that their use of the D42 Driver App is at their own risk.

16. Indemnification

16.1 User Obligation to Defend and Indemnify

By using the D42 Driver App, you agree to defend, indemnify, and hold harmless WBCS GROUP INC, its affiliates, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including attorney’s fees) arising from:

• Your violation of these Terms and Conditions.
• Your misuse of the App, including fraudulent or inaccurate load updates.
• Your failure to comply with FMCSA, DOT, or other applicable trucking regulations.
• Any third-party claims related to your use of the App.

Users acknowledge that WBCS GROUP INC reserves the right to control its own defense in any indemnification case and may require full cooperation from the user.

16.2 Indemnification Process

If a claim is brought against WBCS GROUP INC due to a user’s actions:

1. The user will be notified promptly of the claim.
2. The user must assume responsibility for defending against the claim.
3. WBCS GROUP INC reserves the right to approve any settlement before it is finalized.
4. The user must cover all legal costs, damages, and liabilities resulting from the claim.

Users may not settle any claims that involve WBCS GROUP INC without prior written approval.

17. User Data

17.1 Ownership of User Data

Users retain ownership of any personal, business, and operational data they submit through the D42 Driver App. However, by using the App, users grant WBCS GROUP INC a limited, non-exclusive, royalty-free, worldwide license to:

• Process, store, and use data for the purpose of providing App services.
• Share load tracking and status updates with the D42 TMS system and authorized fleet managers.
• Use anonymized data for analytics, product improvements, and business insights.

WBCS GROUP INC does not sell, rent, or trade user data to third parties for marketing purposes.

17.2 Data Retention Policy

User data is stored in secure servers in the United States and retained as follows:

• Operational tracking data (e.g., load status updates, performance metrics) → Retained for up to 3 years for compliance and auditing.
• Personal account data (e.g., name, contact details, login credentials) → Retained for as long as the account is active.
• Technical logs and analytics → Retained for system monitoring and security purposes.

After the retention period, data is permanently deleted or anonymized unless required for legal or regulatory compliance.

17.3 User Rights to Access, Modify, or Delete Data

Users have the following rights concerning their data:

• Right to Access: Request a copy of their stored data.
• Right to Correction: Update inaccurate or incomplete data.
• Right to Deletion: Request deletion of their data, subject to legal requirements.
• Right to Restrict Processing: Limit the use of their data for certain purposes.

To exercise these rights, users may contact support@d42.tech.

17.4 Data Deletion and Account Termination

Upon account termination, user data is handled as follows:

• Personal data is deleted upon request, except where required for legal or compliance reasons.
• Operational records (e.g., load tracking data) may be retained for auditing and security purposes.
• Users must uninstall the App from their devices after termination.

Once data is deleted, it cannot be recovered.

18. Electronic Communications, Transactions, and Signatures

18.1 Consent to Electronic Communications

By using the D42 Driver mobile application ("App"), you consent to receive electronic communications from WBCS GROUP INC. These communications may include, but are not limited to:

• Transactional emails (such as account creation, service updates, and notifications).
• Promotional emails, if you have opted in to receive them.
• In-app notifications for updates, feature changes, or other important information.
• Notices regarding your account or any legal matters.

You agree that all communications between you and WBCS GROUP INC may be conducted electronically, and that any requirement to provide information in writing can be satisfied by providing such information electronically.

18.2 Legally Binding Digital Agreements

You agree that any agreement, contract, or legal notice that is provided to you in electronic format (including through email or in-app notifications) will have the same effect as if it were delivered in physical form and will be legally binding. This includes:

• Acceptance of these Terms and Conditions.
• Acknowledging any updates, amendments, or new policies.
• Electronic signatures provided through the App for specific actions (such as load tracking confirmations or status updates).

By interacting with the App, you agree that any actions requiring your agreement, including updates to these Terms or data submission, constitute your legally binding consent to the agreement, as if you had signed the document in writing.

18.3 Use of Digital Signatures

The D42 Driver App may require you to provide digital signatures or other forms of electronic authentication for certain actions, including:

• Confirming load tracking information.
• Approving or rejecting delivery status updates.
• Confirming receipt of notifications related to operational or legal matters.

These digital signatures are legally equivalent to handwritten signatures and are enforceable under the Electronic Signatures in Global and National Commerce Act (ESIGN Act) and other relevant laws.

18.4 Withdrawal of Consent

If you wish to withdraw your consent to receive electronic communications, you must contact WBCS GROUP INC at support@d42.tech. However, please note that withdrawing consent may limit your ability to use certain features of the App that rely on electronic communication for account management or operational purposes.

19. Contact Us

19.1 General Inquiries

If you have any questions, concerns, or feedback regarding the D42 Driver App or these Terms and Conditions, please contact us through one of the following methods:

• Email: support@d42.tech
• Phone: +1 (321)-888-3347
• Mailing Address:
  WBCS GROUP INC
  16192 Coastal Hwy
  Lewes, DE 1995
  United States

19.2 Technical Support and Issue Resolution

For technical issues, such as problems with the app’s functionality or troubleshooting issues, please contact us directly at support@d42.tech. Include the following details to assist our team in resolving the issue:

• Device type and operating system you are using.
• A detailed description of the issue you are experiencing.
• Any error messages or screenshots that may help us diagnose the problem.

We will respond as quickly as possible, typically within 3-5 business days, depending on the complexity of the issue.

19.3 Privacy-Related Inquiries

If you have any concerns regarding the privacy of your personal data or would like to exercise your rights under our Privacy Policy (such as data access, correction, or deletion), please contact us directly at support@d42.tech.

For urgent privacy concerns, you may also reach us at our mailing address listed above.

19.4 Business and Partnership Inquiries

If you are interested in business partnerships, licensing opportunities, or collaborations with WBCS GROUP INC, please contact us via email a support@d42.tech. We will review your inquiry and respond as appropriate.