Terms of Use

1. Agreement to These Terms

These Terms of Use ("Terms") are a legally binding agreement between you, whether personally or on behalf of an entity ("you," "Customer," or "User"), and Amin Consulting Group, Inc., doing business through ACG TMS ("ACG TMS," "ACG," "we," "us," or "our"), governing your access to and use of the ACG TMS transportation management platform, associated websites, portals, applications, APIs, document services, communications, reports, integrations, and related features (collectively, the "Services").

By creating an account, accepting these Terms during registration or checkout, accessing a workspace, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Services.

If you use the Services on behalf of a motor carrier, brokerage, shipper, fleet, owner-operator business, employer, or other organization, you represent that you have authority to bind that organization to these Terms. In that case, "you" and "Customer" include that organization.

2. About ACG TMS

ACG TMS is a transportation management software platform designed to help transportation businesses organize operational information and workflows, which may include loads, dispatch, drivers, equipment, customers, rate confirmations, documents, invoices, settlements, reporting, communications, billing, and connected services.

ACG TMS is operated by Amin Consulting Group, Inc. These Terms apply to the ACG TMS software Services. Any separate consulting, compliance, advisory, managed service, implementation, or professional service provided by Amin Consulting Group, Inc. may be governed by a separate written agreement, statement of work, engagement letter, or service terms.

Unless we expressly agree otherwise in writing, ACG TMS is a software provider and is not a motor carrier, freight broker, freight forwarder, shipper, insurer, factor, bank, payroll provider, employer, staffing company, or governmental agency. ACG TMS does not become a party to transportation contracts, rate confirmations, bills of lading, settlements, invoices, insurance agreements, employment relationships, or other transactions entered into by Users through or in connection with the Services.

3. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services. You may not use the Services if applicable law prohibits you from doing so.

If you create or administer a workspace for a company, you represent that the company information you provide is accurate and that you are authorized to create, administer, and manage that workspace and its Users. We may request reasonable verification of identity, email address, company affiliation, operating authority, or authorization when needed to protect the Services, Customers, or other Users.

4. Accounts, Registration, and Security

You must provide accurate, current, and complete account and registration information and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for activity occurring through your account, except to the extent caused by our breach of these Terms or applicable law.

You may not share credentials in a manner that bypasses seat, user, security, or plan limitations. If ACG TMS requires email verification, multi-factor authentication, one-time passwords, authenticator applications, or other security controls, you agree to use those controls as directed.

You must notify us promptly at support@aminconsultinggroup.com if you believe an account has been compromised, credentials have been disclosed, or unauthorized access has occurred. We may temporarily restrict access while we investigate a security concern.

A User creating an independent ACG TMS account may establish a workspace, subject to eligibility, verification, subscription, and plan requirements. A User requesting access to an existing carrier or organization workspace must be authorized or approved by that workspace's owner or administrator. Pending join requests, invitations, driver onboarding accounts, and other limited-access states may have restricted access until the applicable authorization is completed.

5. Workspaces, Roles, and Authorized Users

ACG TMS may allow Customers to create organization or carrier workspaces and assign roles such as owner, administrator, dispatcher, billing user, safety or operations user, driver, or other roles made available in the Services. Permissions may vary by role and subscription plan.

Workspace owners and administrators are responsible for deciding who may access their workspace, assigning appropriate permissions, reviewing access periodically, and removing Users who should no longer have access. We may rely on instructions and actions taken by a workspace owner or authorized administrator.

If a User leaves a Customer's organization, changes roles, or otherwise should no longer have access, the Customer is responsible for promptly updating or removing that User's access. ACG TMS may also suspend or remove access when required for security, legal compliance, nonpayment, abuse prevention, or protection of the Services.

6. Customer Data, Documents, and Content

"Customer Data" means information, records, files, documents, communications, images, data, and other content submitted to, stored in, imported into, generated through, or transmitted through the Services by or for a Customer or its Authorized Users. Customer Data may include carrier information, driver and personnel information, equipment data, load information, rate confirmations, invoices, settlement data, broker or shipper information, uploaded documents, notes, and communications.

As between you and ACG TMS, you retain your ownership rights in Customer Data. You grant ACG TMS a non-exclusive, worldwide license to host, store, copy, transmit, process, display, transform, and otherwise use Customer Data only as reasonably necessary to provide, secure, maintain, support, improve, and administer the Services, comply with law, enforce these Terms, and perform obligations you request.

You are responsible for the accuracy, quality, legality, and appropriateness of Customer Data and for ensuring that you have all rights, permissions, notices, and consents required to collect, upload, disclose, transmit, and use that data through ACG TMS.

You must use designated fields and features for sensitive information when available. Do not upload information that is unlawful to possess or disclose, or information that the Services are not designed to receive. You are responsible for configuring access permissions so sensitive records are available only to appropriate Users.

7. Driver, Employee, and Third-Party Information

If you upload, import, or maintain information about drivers, employees, contractors, owner-operators, customers, brokers, shippers, vendors, or other individuals or businesses, you represent that you are authorized to do so and that your collection and use of the information complies with applicable privacy, employment, transportation, and other laws.

You are responsible for providing any notices and obtaining any consents required for driver onboarding, document collection, communications, location or telematics information, payroll or settlement information, background-related data, or other personal information. ACG TMS does not independently determine whether your use of a particular record is legally permissible for your business.

8. Transportation Operations and Compliance Responsibilities

ACG TMS provides tools to support transportation operations, but the Customer remains solely responsible for its business decisions and legal obligations, including dispatch decisions, driver qualification and supervision, equipment suitability, freight handling, load acceptance, rates, contracts, insurance, permits, taxes, fuel tax reporting, registration, safety obligations, hours-of-service compliance, record retention, billing, settlements, payroll classifications, and regulatory filings.

Features, alerts, calculations, reports, status indicators, reminders, or workflows in ACG TMS are operational aids and do not guarantee compliance with FMCSA, USDOT, state, tax, employment, insurance, contract, or other requirements. You should independently verify deadlines, filings, calculations, and records that carry legal, financial, safety, or regulatory consequences.

Nothing generated by the Services constitutes legal, tax, accounting, insurance, employment, or regulatory advice. Separate consulting or advisory services from Amin Consulting Group, Inc., if any, are governed by the terms applicable to those services.

9. Automated Document Processing and Operational Assistance

ACG TMS may provide automated or assisted document processing, including file upload, optical character recognition, field extraction, classification, duplicate detection, matching, suggested values, data enrichment, status updates, calculations, and other workflow automation. These tools are provided to assist Users and may contain errors, omissions, formatting issues, or incorrect interpretations.

The original source document and the Customer's verified records remain authoritative. You are responsible for reviewing extracted or generated information before relying on it for dispatch, invoicing, settlements, payment, compliance, claims, reporting, or other material decisions.

Duplicate detection, automatic status changes, date calculations, document classification, rate extraction, and other automated functions may not identify every duplicate, conflict, exception, or error. You should maintain appropriate review and approval procedures for material transactions.

10. Public Links, Sharing, and Communications

The Services may allow Users to send documents, emails, notifications, invitations, reports, or links to other people. You are responsible for confirming recipients, permissions, and the information being shared before sending or publishing it.

If ACG TMS provides a shareable or public document link, you are responsible for using the link only for authorized business purposes and for protecting it from unauthorized disclosure. Links may expire, be revoked, be access-controlled, or become unavailable. You should not rely on a shareable link as your sole archival copy of a business record.

You consent to receive account, security, billing, operational, product, legal, and support communications electronically. Where required by law, marketing communications will include applicable preference or opt-out controls.

11. Third-Party Services and Integrations

ACG TMS may connect with or rely on third-party services, including payment processors, mapping providers, communication providers, document storage, email delivery, telematics, ELD systems, fuel or fleet services, accounting systems, factoring services, identity or authentication services, and other integrations.

Third-party services are governed by their own terms, privacy practices, availability, and technical limitations. We are not responsible for a third party's acts, omissions, outages, security incidents, data accuracy, policy changes, pricing, or service termination. An integration may stop working if the third party changes or restricts its service.

By connecting a third-party account, you authorize ACG TMS to exchange information with that provider as necessary to perform the requested integration. You represent that you are authorized to connect the account and to transmit the applicable information.

12. Plans, Usage Limits, and Service Features

Features, storage, users, loads, document processing, integrations, reports, support levels, or other usage may be limited by the subscription plan you select. Plan descriptions shown at checkout, on the billing page, or in an applicable order form are incorporated into these Terms for the applicable subscription.

If you exceed applicable plan limits, we may restrict additional usage, require an upgrade, apply an authorized overage charge where disclosed, or ask you to reduce usage. We may modify or replace features over time, provided we do not materially reduce a paid plan during a prepaid subscription term without providing a commercially reasonable alternative, credit, or other remedy where required by law or our written commitment.

13. Fees, Payment, and Taxes

You agree to pay all fees associated with your selected plan, add-ons, or other paid Services. Unless otherwise stated, charges are in U.S. dollars. You must provide accurate billing information and keep your payment method current.

You authorize ACG TMS and its payment processor to charge your selected payment method for recurring subscription fees, applicable taxes, and other authorized charges. We may retry failed payments and may restrict or suspend paid features if amounts remain unpaid.

Prices may change. We will provide notice of material subscription price changes as required by applicable law or the applicable order terms. Taxes, duties, levies, and similar governmental charges are your responsibility except taxes imposed on our net income.

14. Free Trials

ACG TMS may offer an eligible new Customer a 30-day free trial. Unless we approve otherwise in writing, a Customer, organization, workspace, or substantially similar business is eligible for only one free trial. Creating multiple accounts or workspaces to obtain repeated trials is prohibited.

If a payment method and paid plan are selected for conversion, the applicable subscription may begin when the trial ends and the payment method may be charged in accordance with the checkout disclosures. If you cancel before conversion, cancellation will take effect at the end of the trial unless the Services state otherwise.

We may modify, suspend, or discontinue a promotional trial for future registrants. We may deny or end a trial if we reasonably determine that it is being abused or obtained through false, duplicate, or misleading account information.

15. Subscription Renewal, Cancellation, and Refunds

Paid subscriptions renew automatically for the billing period shown at checkout or on the billing page unless canceled. By purchasing a subscription, you authorize recurring charges without requiring separate approval for each renewal, subject to applicable law.

You may cancel through the account or billing controls made available by ACG TMS. Cancellation is scheduled for the end of the current trial or paid subscription term and does not ordinarily terminate the subscription immediately. You will generally retain access through the applicable term unless the account is suspended or terminated for another reason.

Except where required by law or expressly stated in a written ACG TMS refund policy, order form, or service commitment, purchases and subscription fees are non-refundable, and we do not provide prorated refunds or credits for unused portions of a billing period.

Cancellation prevents the next renewal charge but does not reverse charges already properly incurred. You remain responsible for amounts due before the effective cancellation date.

16. Acceptable Use and Prohibited Activities

You may use the Services only for lawful business purposes and in accordance with these Terms. You may not: (a) violate any law, regulation, court order, third-party right, or contractual restriction; (b) access another Customer's workspace or data without authorization; (c) bypass authentication, permissions, subscription controls, usage limits, or security measures; (d) share, sell, rent, sublicense, or commercially resell access except as expressly authorized by us; (e) scrape, harvest, or systematically extract data except through an authorized export or API; (f) reverse engineer, decompile, disassemble, or attempt to discover source code except to the limited extent such restriction is prohibited by law; (g) upload malware or interfere with the Services; (h) perform security testing without our prior written authorization; (i) impersonate another person or company; (j) create accounts using materially false information; (k) use automated means in a manner that imposes an unreasonable load or violates documented API limits; (l) use the Services to harass, defraud, threaten, discriminate, or unlawfully monitor another person; or (m) manipulate trials, billing, records, or system activity to avoid payment or conceal unauthorized activity.

We may investigate suspected violations and may preserve or disclose information when reasonably necessary to comply with law, protect rights or safety, enforce these Terms, or secure the Services.

17. Intellectual Property Rights

The Services, including software, source code, interfaces, workflows, databases, designs, documentation, text, graphics, reports, trademarks, service marks, logos, and other ACG TMS content, are owned by or licensed to Amin Consulting Group, Inc. and are protected by intellectual property laws.

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal business operations during the applicable subscription or authorized access period.

Except for Customer Data and rights expressly granted to you, no rights are transferred to you. You may not copy, distribute, publish, sell, license, create derivative works from, or exploit the Services or ACG TMS materials except as expressly permitted by law or in writing by us.

18. Feedback

If you voluntarily provide ideas, suggestions, enhancement requests, recommendations, or other feedback about ACG TMS, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, modify, incorporate, commercialize, and otherwise exploit that feedback without restriction or compensation, provided that this does not transfer ownership of your Customer Data to us.

19. Privacy and Data Security

Our collection and handling of personal information are described in the ACG TMS Privacy Policy made available through the Services. The Privacy Policy is incorporated into these Terms by reference.

We use administrative, technical, and organizational safeguards designed to protect the Services and information we process. However, no system, transmission, or storage method is completely secure, and we cannot guarantee that unauthorized access, loss, or disclosure will never occur.

You are responsible for reasonable security within your own organization, including secure devices, credential protection, appropriate user permissions, timely removal of departed Users, and compliance with any legal or contractual security requirements applicable to your business.

20. Data Availability, Backups, Export, and Retention

We may maintain backups and redundancy as part of operating the Services, but the Services are not a substitute for any backup, archival, or record-retention system you are legally or contractually required to maintain. You should retain independent copies of records that are critical to your business or required by law.

Where export functionality is available, you are responsible for exporting needed records before an account or subscription terminates. After termination, Customer Data may remain available for a limited period or may be deleted, de-identified, or retained in accordance with our Privacy Policy, backup practices, legal obligations, security needs, and applicable written agreements.

We are not responsible for loss of Customer Data caused by a Customer's deletion, incorrect configuration, unauthorized User activity, failure to maintain credentials, third-party integration failure, or events outside our reasonable control, subject to any non-waivable rights under applicable law.

21. Suspension and Termination

We may suspend, restrict, or terminate access to all or part of the Services if: (a) fees are overdue; (b) you breach these Terms; (c) we reasonably suspect fraud, unauthorized access, security risk, unlawful conduct, or abuse; (d) continued access could harm the Services, another Customer, or a third party; (e) required by law or a valid legal process; or (f) a third-party service necessary to provide a feature becomes unavailable.

Where commercially reasonable and legally permitted, we will attempt to provide notice and an opportunity to cure a remediable breach before permanent termination. We may act immediately when needed to address security, fraud, legal, safety, or material service-integrity concerns.

Upon termination, your right to use the Services ends, subject to any limited access we choose to provide for export or account administration. Provisions that by their nature should survive termination will survive, including payment obligations, intellectual property provisions, disclaimers, limitations of liability, indemnification, dispute terms, and miscellaneous provisions.

22. Service Availability, Changes, and Support

We may update, modify, add, remove, or discontinue features to maintain, secure, improve, or evolve the Services. We may perform scheduled or emergency maintenance and do not guarantee uninterrupted or error-free operation.

Unless a separate written service level agreement states otherwise, no specific uptime, response time, resolution time, or uninterrupted availability is guaranteed. We are not responsible for outages or delays caused by internet providers, cloud providers, third-party integrations, utilities, force majeure events, malicious attacks, or other circumstances outside our reasonable control.

Support channels, support hours, response expectations, and implementation assistance may vary by plan or separate service agreement.

23. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ACG TMS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT AUTOMATED EXTRACTION, DUPLICATE DETECTION, CALCULATIONS, STATUS UPDATES, INTEGRATIONS, REPORTS, DOCUMENT LINKS, OR OTHER OUTPUTS WILL ALWAYS BE ACCURATE, COMPLETE, TIMELY, OR SUITABLE FOR A PARTICULAR BUSINESS, REGULATORY, LEGAL, OR FINANCIAL PURPOSE.

24. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACG TMS AND AMIN CONSULTING GROUP, INC., INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND AGENTS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA; BUSINESS INTERRUPTION; OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO ACG TMS FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. IF YOU USED ONLY FREE SERVICES AND PAID NO FEES DURING THAT PERIOD, THE AGGREGATE CAP WILL BE ONE HUNDRED U.S. DOLLARS (US $100).

The exclusions and limitations in this section apply to the fullest extent permitted by law and do not limit liability that cannot legally be excluded or limited.

25. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Amin Consulting Group, Inc., ACG TMS, and their officers, directors, employees, contractors, affiliates, and agents from third-party claims, liabilities, damages, judgments, losses, and reasonable costs and attorneys' fees arising out of or related to: (a) your Customer Data; (b) your use of the Services in violation of these Terms; (c) your violation of law or third-party rights; (d) transportation, employment, payment, settlement, tax, insurance, safety, compliance, or business decisions made by you; or (e) acts or omissions of your Authorized Users.

We reserve the right to assume control of the defense of a matter subject to indemnification, and you agree to reasonably cooperate. You may not settle a claim in a manner that admits fault by us or imposes obligations on us without our prior written consent.

26. Governing Law and Disputes

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles, except to the extent federal law applies or applicable law requires otherwise.

Before filing a lawsuit, the parties agree to attempt in good faith to resolve a dispute informally by providing written notice describing the dispute and allowing at least 30 days for discussion, unless immediate injunctive or equitable relief is reasonably necessary.

Subject to any non-waivable legal rights, any judicial proceeding arising out of or relating to these Terms or the Services will be brought exclusively in the state courts located in Brown County, Wisconsin, or the applicable federal court serving that area, and each party consents to personal jurisdiction and venue in those courts.

27. Electronic Communications and Signatures

You agree that electronic communications, notices, disclosures, records, approvals, and transactions provided through the Services or by email satisfy any legal requirement that such communications be in writing, to the extent permitted by law.

You consent to the use of electronic signatures, acknowledgments, checkboxes, click-through acceptance, and electronic records in connection with the Services. You are responsible for ensuring that individuals using your account or workspace have appropriate authority to provide approvals and signatures on behalf of your organization.

28. Changes to These Terms

We may modify these Terms from time to time. The updated Terms will state the date of the most recent revision. If a change materially affects your rights or obligations, we will provide notice through the Services, by email, or by another reasonable method when required by law.

Unless a different effective date is stated, updated Terms become effective when posted. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms to the extent permitted by law. If you do not agree to a material change, you may discontinue use and cancel your subscription in accordance with the cancellation section.

29. Miscellaneous

These Terms, the Privacy Policy, applicable plan or checkout terms, and any written order form or agreement expressly incorporated by reference constitute the agreement between you and us regarding the Services, unless a separate signed agreement states that it supersedes these Terms.

If any provision is held invalid or unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent, except as part of a bona fide merger, reorganization, or sale of substantially all of your business assets where the assignee agrees to these Terms. We may assign these Terms in connection with a merger, reorganization, sale, financing, or transfer of the Services or applicable business.

Neither party is liable for delay or failure caused by events beyond its reasonable control, except that this does not excuse payment obligations for Services already provided. Nothing in these Terms creates a partnership, joint venture, employment, franchise, fiduciary, or agency relationship between you and ACG TMS.

Headings are for convenience only. Words such as "including" mean "including without limitation." These Terms may be accepted electronically and may be maintained as electronic records.

30. Contact Us

Questions about these Terms, account access, billing, security, or use of ACG TMS may be sent to support@aminconsultinggroup.com.

ACG TMS is operated by Amin Consulting Group, Inc. The official ACG TMS service address is https://tms.aminconsultinggroup.com.