1. Agreement to terms
By accessing or using 48BY40.io (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.
1a. Document precedence
Document Precedence: In the event of a conflict between these Terms or the Privacy Policy and a physical transportation agreement of 48 BY 40 FREIGHT LLC, the platform policies shall govern strictly with respect to software licensing, billing subscriptions, and data-handling. For physical transportation, cargo liability, and payment execution, those agreements govern. Shipment-specific commercial terms (such as rates, mileage, and declared value) are governed strictly by the confirmed Rate Confirmation, provided that no shipment-level term may lower, expand, or waive the liability limits, claim windows, or indemnities established in the applicable Master Agreement.
Within the platform stack, the Privacy Policy is the supreme authority on all data-handling, coordinate tracking, PII storage, and driver-record retention. These Terms govern the digital environment, billing chassis, and software SLAs.
Where a transportation contract references data-sharing, the Privacy Policy is the supreme authority on how data is processed, masked, and retained. The transportation agreement governs only the physical load-execution obligation.
2. Who can use 48by40.io
- You must be 18 years of age or older.
- Authorized representatives of fleet operators, dealers, producers, lessees, drivers, and maintenance providers may register on behalf of their organization.
- You must provide accurate identity and operating information at signup and keep it current.
3. Account registration and verification
Account registration requires accurate identity information. Where a DOT or MC number applies, 48BY40 may verify the registration via FMCSA, CarrierOK, and similar authoritative sources, surfacing the operating and safety record relevant to a carrier's eligibility — never asset counts. What we collect and retain about operators and their drivers is described in the Privacy Policy. We reserve the right to suspend or terminate accounts that fail verification or that carry compliance risk.
4. Acceptable use
- No fraud, identity misrepresentation, theft, or transport of illegal cargo.
- No misuse of carrier-standing data, including aggregation or resale outside the Service.
- No scraping, reverse engineering, or unauthorized access to non-public surfaces.
- No transport of hazardous materials without the proper credentials and endorsements required by law.
5. Carrier verification and standing
Standing data shown in the Service reflects publicly available and operator-supplied information at the time of display. It is not a guarantee of carrier performance. 48BY40 disclaims warranties on third-party data accuracy and does not warrant fitness for any particular trade decision based on standing values alone.
6. Subscription and billing
The Service is offered on a per-asset subscription basis. Pricing is quote-driven for fleets and confirmed in a written order form or invoice. Fees are due on the schedule stated in your order form.
7. Intellectual property
48BY40 retains all rights, title, and interest in the Service, including platform code, brand marks, content, and aggregated analytics. Operator data remains operator-owned; 48BY40 receives a limited license to operate, host, and improve the Service in accordance with the Privacy Policy.
8. Privacy
Your use of the Service is also governed by our Privacy Policy, which describes what information we collect, including the driver information described in the Privacy Policy, how we use it, and your rights.
8a. Driver records: what we collect and keep
When a carrier account adds a driver to its roster, we collect and store the following about that driver:
- Name, email address, and operational status
- Date of birth, date of hire, and date of termination
- Commercial driver's license (CDL) number, issuing state, class, and expiry date
- FMCSA Drug and Alcohol Clearinghouse ID
- Motor vehicle record (MVR) case number and last review date
- Medical card expiry date
- Hours-of-service (HOS) duty status
Driver Record Retention: 48BY40 TECHNOLOGIES LLC retains driver records strictly in accordance with purpose-based operational and statutory retention criteria.
- Daily Vehicle Inspection Reports (DVIRs): Retained for exactly 1,095 days (3 years), complying with 49 CFR § 396.11–13.
- Driver Qualification Files: Retained for the duration of the driver's active association with the motor carrier, plus three (3) years following the termination of such association, pursuant to 49 CFR § 391.51(c)–(d).
- Operational Telematics and Metrics: Sourced and processed for active account duration plus an administrative, provisional window of three (3) years pending statutory counsel review.
Driver Record Visibility Limits: Driver qualification files and raw regulatory data (including Commercial Driver's License (CDL) numbers, dates of birth, FMCSA Clearinghouse queries, and Motor Vehicle Records (MVRs)) are strictly private and visible only to the creating carrier account. Shippers, consignees, and other third parties are strictly locked out of this underlying qualification data.
Active Load Assignment: For the sole purpose of verifying safety compliance and facilitating physical cargo custody, 48BY40 TECHNOLOGIES LLC discloses the minimum shipment-level driver assignment details (specifically, the assigned driver's name, tractor/trailer equipment identifiers, carrier name, and credential-current status) strictly to the authorized counterparties of an active, dispatched shipment.
We do not sell driver data. A driver who wants to see, correct, or ask about their record can contact us at the address in Section 14.
9. Disclaimers and limitation of liability
The Service is provided "as is" and "as available" without warranties of any kind, express or implied. To the maximum extent permitted by law, 48BY40 is not liable for freight loss, theft, or fraud committed by verified third parties (carriers, shippers, brokers, or other counterparties).
10. Indemnification
Each party will indemnify the other against third-party claims arising from its own breach of these Terms, gross negligence, or wilful misconduct, subject to standard mutual notice and cooperation obligations.
11. Termination
Either party may terminate these Terms with reasonable written notice as stated in your order form. 48BY40 may terminate immediately for fraud, acceptable-use violations, or to comply with applicable law. On termination, we will provide reasonable assistance to export operator-owned data per the Privacy Policy.
12. Governing law and dispute resolution
These Terms are governed by the laws of the State of Illinois. The exclusive venue for any dispute arising under these Terms is the state or federal courts located in the State of Illinois.
13. Changes to terms
We may update these Terms from time to time. Material changes will be communicated via the Service or by email. Continued use of the Service after such updates constitutes acceptance of the updated Terms.
14. Contact
Questions about these Terms may be sent to legal@48by40.io.