01Agreement to these Terms
These Terms of Service (the “Terms”) are a binding agreement between you and LYVORIXA SOFT LLC, a Missouri limited liability company (“LYVORIXA,” “we,” “us” or “our”). They apply to the website at lyvorixasoft.com, the LYVORIXA web application, the LYVORIXA iOS and Android apps, and related support (together, the “Service”).
By creating an account, purchasing a subscription or using the Service, you agree to these Terms and to our Privacy Policy and Refund Policy. If you use the Service on behalf of a company, you confirm that you are authorized to accept these Terms for that company, and “you” includes that company. If you do not agree, do not use the Service.
02What LYVORIXA is, and is not
LYVORIXA is productivity software that helps trucking companies, owner-operators and moving or transport businesses organize their own work. It includes tools for planning jobs and routes, setting reminders for appointments, pickups and deliveries, recording income and expenses, keeping notes and documents, viewing simple reports, syncing across devices and, on some plans, managing team accounts.
The Service is a software tool only. LYVORIXA SOFT LLC:
- is not a freight broker, freight forwarder, motor carrier or dispatcher, and does not find, offer, sell or arrange loads or transportation;
- does not send, receive, hold, transfer or exchange money for you, and does not offer payment processing, escrow, lending, factoring, credit or insurance;
- does not provide tax, legal, accounting, financial or regulatory advice; and
- is not an electronic logging device (ELD), does not record hours of service, and does not certify or guarantee compliance with any law or regulation, including those of the U.S. Department of Transportation or the Federal Motor Carrier Safety Administration.
Income and expense features are for your own record-keeping. Reports and estimates in the Service, including route distances and times, are informational and may be incomplete or inaccurate. You remain responsible for your business decisions, records, filings and regulatory obligations.
03Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to use the Service. The Service is intended for business and professional use and is not directed to children.
You agree to give accurate account information and keep it up to date. You are responsible for keeping your login credentials confidential and for all activity under your account. Tell us promptly at support@lyvorixasoft.com if you believe your account has been accessed without permission.
On plans that include team or driver accounts, the account owner controls who is invited, what each member can see, and is responsible for each member’s use of the Service and for having the right to add their information.
04Subscriptions and automatic renewal
The Service is offered on paid subscription plans billed monthly or yearly, in U.S. dollars, at the prices shown on our pricing section or in the app at the time of purchase. Taxes may apply and will be shown before you pay where required.
Automatic renewal. Your subscription renews automatically at the end of each billing period (monthly or yearly) for the same period, and you authorize us or our payment processor to charge the payment method on file at the then-current price, unless you cancel before the renewal date. For yearly plans, we send a reminder email before each renewal.
Payment processing. Payments made through our website are handled by a third-party payment processor. We do not receive or store your full card number. Purchases made through the Apple App Store or Google Play are billed by Apple or Google under their terms, and those stores manage the renewal and cancellation of those purchases.
If a payment fails, we may retry the charge, ask you to update your payment method, or pause paid features until payment is made.
05Cancellation
You can cancel at any time. To cancel a subscription purchased on our website, use the billing section of your account settings, or email support@lyvorixasoft.com from the email address on your account. To cancel an App Store or Google Play subscription, use the subscription settings on your device or in that store.
Cancellation stops future renewals. Your plan stays active until the end of the period you already paid for. After that, paid features end and you can export your data for at least 30 days before it is scheduled for deletion, as described in our Privacy Policy.
06Refunds
Refunds are governed by our Refund Policy, which forms part of these Terms. In short, the first purchase of each plan made on our website includes a 14-day money-back guarantee, and App Store or Google Play purchases are refunded by Apple or Google under their policies. Nothing in these Terms limits any refund rights you have under applicable law.
07Price changes
We may change subscription prices. If we do, we will give you at least 30 days’ notice by email or in the app before the new price applies to your next renewal. If you do not agree to the new price, you can cancel before it takes effect.
08Acceptable use
You agree not to, and not to allow others to:
- use the Service for any unlawful, fraudulent or harmful purpose, or in violation of any law or regulation;
- upload content you do not have the right to store, or content that is unlawful, infringing, defamatory or contains malware;
- use the Service to monitor, locate or track any person without their knowledge and any consent required by law;
- attempt to gain unauthorized access to the Service, other accounts or our systems, or interfere with the Service’s security or operation;
- scrape, copy, reverse engineer or resell the Service except as permitted by law; or
- use the Service to send spam or unsolicited messages.
09Safe driving and your legal duties
Do not use the Service while driving. Plan jobs, review routes and respond to reminders only when your vehicle is safely parked, or have a passenger do it. Always obey traffic laws, posted signs, road conditions and the rules that apply to your vehicle and cargo, including any restrictions on using mobile devices while driving.
Route suggestions do not account for every restriction, such as vehicle height, weight, hazardous materials, bridge or road closures. You are solely responsible for choosing a safe and lawful route, for the safe operation of your vehicle, and for meeting all licensing, permit, hours-of-service, record-keeping, tax and other legal obligations that apply to you and your business.
10Optional location features
Some features can use your device’s location to help you plan and view routes. Location access is optional, off by default, and only enabled if you allow it in your device’s permission settings. You can turn it off at any time. The Service does not provide covert or background tracking of individuals. If you are an account owner, you may not use the Service to locate team members without their knowledge and any legally required consent.
11Your content and data
You keep ownership of the information, files and other content you add to the Service (“Your Content”). You give us a limited license to host, store, process, back up and display Your Content only as needed to provide, secure and support the Service for you. We do not sell Your Content and do not use it for advertising.
You are responsible for Your Content and for having the rights and any consents needed to add it, including personal information about your customers, drivers or crew. You can export Your Content while your account is active and for the period described in the Cancellation section.
12Third-party services
The Service relies on third-party services such as hosting providers, map and routing providers, email delivery, payment processors and app stores. Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services that we do not control.
13Our intellectual property
The Service, including its software, design, text, graphics and the LYVORIXA name and logo, is owned by LYVORIXA SOFT LLC or its licensors and is protected by intellectual property laws. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during your subscription.
If you send us feedback or suggestions, we may use them without any obligation to you.
14Availability and changes
We work to keep the Service available and reliable, but it may occasionally be unavailable because of maintenance, updates or events outside our control. Reminders and notifications depend on your device settings, connectivity and third-party delivery services and may be delayed or not delivered. Do not rely on the Service as your only reminder for time-critical obligations.
We may improve, change or discontinue features. If we discontinue the Service or make a change that materially reduces core features of your paid plan, we will give you reasonable notice and, where appropriate, a prorated refund of prepaid fees for the unused period.
15Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ROUTES, DISTANCES, TIMES OR REPORTS WILL BE ACCURATE OR COMPLETE, OR THAT USING THE SERVICE WILL PRODUCE ANY PARTICULAR BUSINESS, FINANCIAL OR COMPLIANCE RESULT.
16Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LYVORIXA SOFT LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
17Indemnification
To the extent permitted by law, you agree to defend, indemnify and hold harmless LYVORIXA SOFT LLC from claims, damages and expenses (including reasonable attorneys’ fees) brought by third parties arising from Your Content, your violation of these Terms or applicable law, or your operation of vehicles or your business.
18Suspension and termination
We may suspend or terminate your access if you materially breach these Terms, fail to pay, or use the Service in a way that creates legal risk or harms others, after notice where reasonable. You may stop using the Service and close your account at any time. Sections that by their nature should survive termination, including Your Content, Disclaimers, Limitation of liability, Indemnification, Governing law and Dispute resolution, will survive.
19Governing law
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Missouri and applicable U.S. federal law, without regard to conflict-of-law rules.
20Dispute resolution
Most concerns can be solved quickly. Before filing any claim, please contact us at support@lyvorixasoft.com with a description of the issue, and give us 30 days to try to resolve it informally.
If we cannot resolve it, either party may bring the dispute exclusively in the state or federal courts located in the State of Missouri, and both parties consent to the personal jurisdiction of those courts. Either party may instead bring an individual claim in small claims court if it qualifies. Nothing in this section prevents either party from seeking urgent injunctive relief to protect its intellectual property or data.
21Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms on this page and change the effective date above. If a change is material, we will notify you by email or in the app at least 30 days before it takes effect. Continuing to use the Service after the effective date means you accept the updated Terms. If you do not agree, you can cancel before the change takes effect.
22General terms
These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets with notice to you. Notices to you may be sent to the email address on your account.