TERMS OF USE AND END USER LICENSE AGREEMENT

1. Agreement to the present Terms

The Truckly Network mobile application (the "Application") is operated by Truckly Network, of Str. Puskin 32, Chisinau, Republic of Moldova ("Truckly Network", "we", "us", or "our"). The present Terms of Use and End User License Agreement (the "Terms") constitute a binding contract between Truckly Network and each individual who registers for or uses the Application ("you" or "the user").

Acceptance is expressed at registration, where the user is required to indicate agreement to the Terms before an account is created. Use of the Application without acceptance is not permitted. A user who does not agree to any part of the Terms must refrain from registering and must remove the Application from the device.

A separate document, the Privacy Policy, describes the personal information handled through the Application and forms part of the agreement between the parties by reference. In the event of a conflict between the Terms and the Privacy Policy on a question of personal information, the Privacy Policy prevails.

Attention is drawn in particular to Section 13, which concerns the limits of reliance on alerts published by other users, to Section 24, which limits our liability, and to Section 26, which governs the resolution of disputes and contains a waiver of proceedings brought on a class or representative basis.

2. Definitions

"Account" means the record created upon registration and identified by the mobile telephone number supplied by the user. "Alert" means a report published within the map-based feed, comprising a description, a location, and, where the author adds them, photographs or video. "Community" means a group within the Application whose members exchange messages. "Content" means any material published, transmitted, or otherwise made available through the Application by a user, including text, photographs, video, audio, documents, locations, comments, votes, and reactions. "Voice room" means a live audio conversation among several participants. "Verified status" means the indication displayed on a profile following a successful review of a commercial driver’s license.

3. Eligibility, and the minimum age

Registration is restricted to individuals who have reached the age of 13 years. At registration the user is required to confirm that the minimum age is met, and a false declaration constitutes a breach of the Terms that justifies the immediate closure of the Account.

A user aged between 13 and 18 years, or who has not reached the age of majority in the state of residence, may use the Application only where a parent or legal guardian has reviewed the Terms and consented to that use. The parent or legal guardian accepts responsibility for the conduct of the minor within the Application and for compliance with the Terms.

An Account may not be registered or used by a person whose access has previously been terminated, by a person barred from receiving the service under the law applicable to that person, or on behalf of another individual without that individual’s authority. The Application is directed at the market of the United States, and no representation is made that it is appropriate or available in any other territory.

4. Registration, verification of the telephone number, and security of the Account

Registration requires a mobile telephone number, to which a one-time passcode is sent by short message. Delivery of that message is entrusted to a specialist provider, and message and data rates charged by the mobile network operator of the user are the responsibility of the user. Requesting a passcode constitutes agreement to receive the message that carries it, and passcodes are transactional messages sent for the purpose of authentication rather than commercial communications.

A passcode must not be disclosed to any other person, and the user is responsible for every action taken through the Account while it is under the control of the user. Loss of the registered telephone number, the transfer of that number to another subscriber, or any suspected unauthorized access should be reported without delay to support@trucker-network.com, so that the Account may be secured.

Information supplied at registration and in the profile must be accurate and must be kept up to date. Impersonation of another individual, of a carrier, or of a public authority, and the use of a display name calculated to mislead, constitute breaches of the Terms.

5. License granted to the user

Subject to continued compliance with the Terms, Truckly Network grants to the user a personal, limited, revocable, non-exclusive, and non-transferable license to install and to use the Application on a device owned or controlled by the user, for personal and non-commercial purposes, in the form supplied through the Apple App Store or Google Play. The Application is licensed, and it is not sold.

The license does not extend to the copying, modification, translation, adaptation, decompilation, disassembly, or reverse engineering of the Application, except to the extent that such an act cannot lawfully be prohibited. Removal or obscuring of a notice of ownership, rental, lease, sublicensing, distribution, or the making available of the Application to a third party is likewise excluded, as is the use of an automated system to access the service, the extraction of data by scraping, the circumvention of a technical limitation, and the use of the Application in order to build a competing product.

All right, title, and interest in the Application, including its software, interface, design, database structure, trademarks, and documentation, remain vested in Truckly Network and in its licensors. No right is granted otherwise than as expressly stated in the present Section.

6. Zero tolerance for objectionable content and for abusive users

There is no tolerance for objectionable content or abusive users on Truckly Network. Publication of objectionable content, and abusive conduct directed at another user, are prohibited absolutely and without exception.

Content that violates the present Terms will be removed, and the user responsible for it will be ejected from the service, within 24 hours of a report being received. The commitment applies to every report submitted through the in-app reporting function and to every report received at support@trucker-network.com, and it is honored irrespective of the standing of the user concerned within the community. The period of 24 hours runs from the moment at which a report is received through one of those channels. The undertaking states the standard by which Truckly Network operates the service and by which its moderation is to be judged; it does not oblige us to reach a predetermined conclusion on the merits of a report, and it confers no right of action on a person who is not a user of the Application.

Objectionable content comprises, for the purposes of the Terms, material that is unlawful, obscene, pornographic, sexually explicit, or sexually suggestive; material that depicts, promotes, or facilitates the sexual abuse or exploitation of a child; material that is defamatory, harassing, threatening, or intimidating; material that incites or glorifies violence, terrorism, or self-harm; material that attacks or demeans an individual or a group on the basis of race, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, disability, age, or veteran status; material that depicts graphic violence or a person in serious distress for the purpose of shock or entertainment; material that promotes the illegal use of a controlled substance, the sale of a weapon, or another criminal activity; material that discloses the personal information of another individual without consent; and material that consists of spam, of a fraudulent scheme, or of a deceptive commercial solicitation.

An abusive user is one who directs harassment, threats, hate speech, sexual advances, or persistent unwanted contact at another user, who publishes content of the kind described above, who evades a block imposed by another user, or who returns to the service after removal by registering a further Account.

7. Standards applicable to content and to conduct

7.1 Content published must be lawful, accurate to the knowledge of the author, and relevant to the purpose of the community, which is the exchange of professional information among truck drivers.

7.2 An alert must correspond to a real observation made by the author, and it must be positioned at the location to which it genuinely relates. Deliberately false alerts, alerts placed in order to divert traffic, and alerts published in order to harass an individual or a business are prohibited.

7.3 Content must not infringe the intellectual property, the privacy, the publicity, or the contractual rights of any person. A photograph or a video of an individual who has not consented to its publication must not be posted where the circumstances make publication intrusive or humiliating.

7.4 Impersonation, the operation of an Account by automated means, the artificial inflation of votes, the manipulation of the feed, and the creation of multiple Accounts for the purpose of evading enforcement are prohibited.

7.5 Interference with the operation of the Application is prohibited, including the introduction of malicious code, attempts to gain unauthorized access to an Account or to a server, the imposition of an unreasonable load on the infrastructure, and the interception of communications belonging to other users.

7.6 Commercial use of the Application, including advertising, recruitment campaigns conducted at scale, the sale of goods or services, and the collection of data belonging to other users for commercial purposes, requires our prior written consent.

7.7 Content must comply with the law of the jurisdiction in which the user is situated and with the law of the United States. Responsibility for that compliance rests with the user who publishes the content.

8. Content published by users, and the rights attaching to it

Ownership of Content remains with the user who created it, and no transfer of ownership occurs by reason of publication within the Application. In order that the service may operate, the user grants to Truckly Network a worldwide, non-exclusive, royalty-free, and transferable license to host, store, reproduce, adapt for technical purposes, translate, publish, and display the Content, together with the right to sublicense those rights to the providers engaged for hosting, storage, and delivery. The license exists solely for the operation, the improvement, and the promotion of the Application, and it terminates when the Content is deleted, subject to the survival of copies held in backups until they are overwritten and of copies already received by other users.

The user warrants that the Content is original or that the necessary rights have been obtained, that its publication does not infringe the rights of any person, and that it complies with the standards set out in Sections 6 and 7. Truckly Network does not endorse, verify, or adopt the Content published by users, and any opinion expressed within the Application is that of its author.

Content deleted by a user is removed from the interface and from our active systems, subject to the retention exceptions described in the Privacy Policy. Content that has already been delivered to another user may remain on that user’s device, and a copy captured by means of a screenshot or a recording lies beyond our control.

9. Reporting, blocking, moderation, and enforcement

Filtering measures are applied at the point at which Content is submitted, and they are intended to prevent material falling within Section 6 from being published. Measures of that kind cannot be exhaustive, and they operate alongside the reporting and review procedures described below rather than in place of them.

A reporting function is available within the Application against any item of Content and against any Account, and it may be used without leaving the Application. Every report is registered, is assigned a reference, and is reviewed. Reports may also be sent to support@trucker-network.com, and a report submitted by that route receives the same treatment as one submitted from within the Application.

A blocking function permits a user to block another user, with the consequence that the blocked user can no longer send messages to, or interact with, the user who imposed the block. Circumvention of a block, whether by means of a further Account or otherwise, constitutes a breach of the Terms.

Moderation is performed by our personnel, assisted by the reports received. Content that contravenes the Terms is removed. Depending on the gravity of the conduct, the number of previous incidents, and the risk presented to other users, we may issue a warning, restrict a function, suspend the Account, or terminate it permanently, and we may report the matter to a competent authority. Removal takes place within the period stated in Section 6.

A user whose Content has been removed, or whose Account has been restricted, may contest the decision by writing to support@trucker-network.com within 30 days, setting out the reasons for the challenge. The decision is reconsidered by a person who did not take it, and the outcome is communicated in writing.

Nothing in the present Section obliges Truckly Network to monitor Content in advance of its publication, and no undertaking to that effect is given. Our position as an interactive computer service under 47 U.S.C. § 230 is not altered by the exercise of the powers described above.

10. Child safety standards

Truckly Network prohibits child sexual abuse and exploitation absolutely. Publication, transmission, solicitation, or storage of child sexual abuse material, the sexualization of a minor in any form, the grooming or enticement of a minor, the sexual extortion of a minor, and the trafficking of a minor are forbidden within the Application, and the commission of any such act results in the immediate and permanent termination of the Account.

Reports concerning the safety of a minor may be submitted through the in-app reporting function, which records the report and returns a reference to the person who submitted it, and may also be sent to support@trucker-network.com. Reports of that kind receive priority and are examined without delay.

Where material apparently depicting the sexual abuse or exploitation of a child comes to our knowledge, the material is removed, the Account is terminated, and a report is submitted to the National Center for Missing and Exploited Children through the CyberTipline, as required of a provider by 18 U.S.C. § 2258A(a). The material reported and the associated data are preserved for the period prescribed by 18 U.S.C. § 2258A(h), namely one year from the submission of the report, or for a longer period where a competent authority so requests. Reports are made in the circumstances described at 18 U.S.C. § 2258A(a)(2), which extend to apparent violations concerning child sexual abuse material, the sex trafficking of a minor under 18 U.S.C. § 1591, and the enticement of a minor under 18 U.S.C. § 2422(b).

A designated point of contact for child safety matters is maintained at support@trucker-network.com, and a message concerning the safety of a minor should carry the words "Child safety" in its subject line. The address receives notifications from application store operators and from other platforms concerning child sexual abuse and exploitation found within the Application, and the person responsible for it is empowered to explain our enforcement and review procedures and to take action where action is required.

The standards set out in the present Section are published, are accessible to any person, and apply irrespective of whether a minor in fact uses the Application.

11. Non-consensual intimate visual depictions, and their removal

Publication of an intimate visual depiction of an identifiable individual without the consent of that individual, including a depiction that has been digitally created or altered, is prohibited within the Application. Truckly Network maintains a notice and removal process in accordance with section 3 of the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, known as the TAKE IT DOWN Act, Pub. L. 119-12, 139 Stat. 59, which is codified at 47 U.S.C. § 223a and is enforced by the Federal Trade Commission as an unfair or deceptive act or practice. Compliance became enforceable on 19 May 2026, one year after enactment. Criminal liability for the publication of such depictions arises separately under section 2 of the same Act, which amended section 223 of the Communications Act of 1934, 47 U.S.C. § 223.

A request for removal may be submitted to support@trucker-network.com, with the words "Intimate image removal" in the subject line, and may be submitted whether or not the person concerned holds an Account. In order to be valid, the request must contain a physical or electronic signature of the identifiable individual or of a person authorized to act on that individual’s behalf; identification of the intimate visual depiction, together with information reasonably sufficient to allow us to locate it within the Application; a brief statement that the individual has a good-faith belief that the depiction was published without consent; and contact information sufficient to permit a reply.

Upon receipt of a valid request, the depiction is removed as soon as possible, and in any event no later than 48 hours after receipt. Reasonable efforts are also made, within the same period, to identify and to remove copies of the same depiction held elsewhere within the Application, without any obligation on the requester to report each copy separately. A reference number is assigned to every request, and the person who submitted it is informed of the outcome.

12. Copyright, and the notice and takedown procedure

Truckly Network respects the intellectual property of others and expects the same of its users. A copyright owner who believes that material accessible through the Application infringes a copyright may submit a written notification to support@trucker-network.com, addressed to the copyright agent, in accordance with 17 U.S.C. § 512(c)(3)(A).

A valid notification must contain a physical or electronic signature of a person authorized to act on behalf of the owner of the right allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, where multiple works are covered by a single notification, a representative list of those works; identification of the material claimed to be infringing, together with information reasonably sufficient to permit us to locate it; information reasonably sufficient to permit us to contact the complaining party, including an address, a telephone number, and, if available, an electronic mail address; a statement that the complaining party has a good-faith belief that the use complained of is not authorized by the copyright owner, by its agent, or by law; and a statement that the information contained in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.

Material identified in a valid notification is removed or disabled expeditiously, and the user who supplied it is informed. That user may submit a counter-notification containing the elements set out at 17 U.S.C. § 512(g)(3), namely a signature, identification of the material and of its former location, a statement under penalty of perjury that the user has a good-faith belief that the material was removed as a result of mistake or misidentification, and the name, address, and telephone number of the user, together with consent to the jurisdiction of the competent Federal District Court and to service of process from the complaining party.

Attention is drawn to 17 U.S.C. § 512(f), under which a person who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, is liable for the resulting damages, including costs and attorneys’ fees.

In accordance with 17 U.S.C. § 512(i)(1)(A), a policy is adopted and implemented providing for the termination, in appropriate circumstances, of the Accounts of users who are repeat infringers.

13. Alerts concerning road hazards, and the limits of reliance

Alerts are published by users, and not by Truckly Network. No alert is verified by us before publication, and no representation is made as to its accuracy, its completeness, its timeliness, or its continued validity. An alert may be mistaken, may be exaggerated, may relate to a condition that has already been cleared, may be positioned imprecisely, or may be published with a delay that renders it useless.

The Application is not a navigation system, is not a traffic information service, is not a weather service, and is not a substitute for an emergency service. Official sources, among them the notices published by state departments of transportation, the guidance of law enforcement officers present at a scene, road signage, and the emergency number 911, take precedence over anything published within the Application in every case and without exception.

Every decision taken while driving, including the choice of a route, the choice of a speed, the decision to stop, and the decision to continue, remains the exclusive responsibility of the driver, who must exercise independent judgment and comply with the traffic law applicable at the place in question, with the hours-of-service rules, and with the instructions of the employer or of the carrier. Reliance on an alert to the exclusion of the driver’s own observation and judgment is expressly disclaimed as a use of the Application.

The absence of an alert carries no meaning. A road on which no alert appears is not thereby represented to be free of hazards, since the Application reports only what users have chosen to report.

14. Use of the Application while driving

The Application must never be viewed, operated, or otherwise used while the vehicle is in motion. Alerts must be consulted, and content must be published, only when the vehicle has been moved off the roadway and brought to a halt in a location where stopping is lawful and safe.

Drivers of commercial motor vehicles are reminded that federal law prohibits texting while driving under 49 C.F.R. § 392.80, which permits the practice only where it is necessary in order to communicate with law enforcement officials or with other emergency services, and prohibits the use of a hand-held mobile telephone while driving under 49 C.F.R. § 392.82, subject to the same narrow exception. Under both provisions, driving includes a period during which the vehicle is temporarily stationary because of traffic, a traffic control device, or another momentary delay, and excludes only a period during which the vehicle has been moved to the side of, or off, a highway and halted in a location where it may safely remain stationary. Violations expose the driver to civil penalties and to disqualification under the standards of 49 C.F.R. Part 383, and they may expose the motor carrier to penalties as well. State law may impose further restrictions.

Truckly Network accepts no responsibility for any consequence arising from the use of the Application in contravention of the present Section, and use of that kind constitutes a breach of the Terms.

15. Voice rooms, and voice messages

Voice rooms are live conversations, and they are not recorded or stored by Truckly Network. Audio passes through our infrastructure in real time, encrypted in transit, and is discarded as it passes; no facility for recording is deployed, and no participant is granted a permission that would permit a recording to be made through the service.

Recording of a voice room by a participant, whether by means of a function of the device, screen capture software, or external equipment, is prohibited by the Terms. The prohibition reflects the state of the law, which varies among jurisdictions: federal law permits the recording of a conversation with the consent of one party under 18 U.S.C. § 2511(2)(d), whereas the statutes of a number of states require the consent of every participant, among them Cal. Penal Code § 632, 720 ILCS 5/14-2, Fla. Stat. § 934.03, RCW 9.73.030, 18 Pa. C.S. § 5703, Md. Code, Cts. & Jud. Proc. § 10-402, Mass. Gen. Laws ch. 272, § 99, and Mont. Code Ann. § 45-8-213. A user who records a conversation in breach of the Terms does so without our authority and assumes sole responsibility for the consequences, civil and criminal alike.

Standards of conduct applicable elsewhere in the Application apply equally within a voice room. A participant who harasses, threatens, or abuses another participant, who broadcasts objectionable material, or who disrupts a room persistently may be removed from the room, may be subjected to a cool-down period preventing an immediate return, and may have the Account suspended or terminated.

Voice messages sent within a chat are recorded deliberately by the sender, are stored, and remain available to the participants in the conversation. Content standards apply to them in full.

16. Location features

Certain functions depend on the position of the device, which is obtained only while the Application is open on the screen. Permission may be refused or withdrawn at any moment through the settings of the operating system, and the Application continues to operate without it, although an alert must then be positioned manually and notifications of nearby alerts cannot be delivered.

The location attached to an alert is chosen by its author and becomes visible to other users. A user who does not wish a position to become known should refrain from publishing an alert at that position and should consider the information disclosed by a photograph taken at an identifiable place.

17. Direct messages, and group conversations

Messages exchanged between users are private as between the participants, and they are not read by us in the ordinary course. Access to the content of a conversation occurs only where a participant reports a message, where access is necessary in order to investigate a serious safety concern, or where the law requires it.

A copy of the conversations of a user is held on the device in order that chats may open without delay and remain readable when connectivity is unavailable. Removal of the Application from the device removes that copy.

A message that has been delivered cannot be recalled from the device of the recipient, and the possibility that a recipient may retain, copy, or disclose a message lies beyond our control and beyond our responsibility.

18. Verification of a commercial driver’s license

Verification is offered as an optional function, and the remaining functions of the Application are available to a user who declines it. Submission of a license constitutes a representation that the license is genuine, that it is valid, that it was issued to the user, and that the photographs supplied have not been altered. Submission of a forged or altered document, or of a document belonging to another person, results in the permanent termination of the Account and may be reported to the competent authorities.

Verified status indicates that a document was reviewed and appeared genuine at the moment of review. No representation is made as to the current validity of a license, as to the driving record of its holder, as to the holder’s fitness to operate a commercial motor vehicle, or as to the holder’s suitability as a business counterparty. Verified status lapses when the license expires and may be withdrawn where a doubt arises.

Storage, access, and retention of the documents supplied for verification are governed by the Privacy Policy, which limits the retention of the images and confines access to an administrator conducting the review.

19. Services supplied by third parties, and attribution of map data

The Application relies on services operated by other undertakings, among them the delivery of short messages, the delivery of push notifications, object storage, map tiles, and search by place name. Their availability is outside our control, and an interruption affecting one of them may affect the Application.

The user must comply with any applicable terms of a third party when using the Application. Map imagery is supplied by CARTO and is derived from data published by the OpenStreetMap project, which is made available under the Open Database License, and the attributions displayed within the map interface must not be removed, obscured, or altered.

No endorsement of a third party is implied by its appearance within the Application, and no responsibility is accepted for the content, the practices, or the policies of a service reached through a link.

20. Privacy

Personal information is handled in accordance with the Privacy Policy, which describes the categories collected, the purposes of the processing, the recipients, the retention periods, and the rights available. Acceptance of the Terms is accompanied by acknowledgment of the Privacy Policy, and use of the Application signifies that the user has read it.

21. Suspension, termination, and deletion of the Account

A user may delete the Account at any moment from within the Application, in the account settings, and a person who has already removed the Application from the device may request deletion through the page published at https://truckers-network.com/account/delete. Deletion terminates the Terms as between the parties, subject to the survival of the provisions identified below.

Truckly Network may suspend or terminate an Account, in whole or in part, where the user breaches the Terms, where the conduct of the user presents a risk to other users or to the service, where suspension is required in order to comply with the law, or where the Application ceases to be offered. Termination for a serious breach, and in particular for conduct falling within Sections 6, 10, or 11, takes effect immediately and without prior notice. In other cases, notice is given where the circumstances permit.

Sections 8, 13, 14, 20, 23, 24, 25, and 26, together with any provision which by its nature is intended to continue, survive the termination of the Terms.

22. Availability of the Application, and modifications to it

The Application is supplied at no cost, and it is offered without any undertaking as to continuous availability. Functions may be added, altered, suspended, or withdrawn, and the service as a whole may be discontinued. Where discontinuation is planned and the circumstances permit, reasonable notice is given within the Application so that users may retrieve content of importance to them.

Maintenance, updates, and corrections may require the interruption of the service, and the user may be required to install an updated version in order to continue using it.

23. Disclaimer of warranties

To the fullest extent permitted by applicable law, the Application and every element of its content are supplied on an "as is" and "as available" basis, without warranty of any kind, whether express, implied, statutory, or otherwise. Truckly Network disclaims the implied warranties of merchantability, of fitness for a particular purpose, of title, and of non-infringement, together with any warranty arising from a course of dealing or a usage of trade.

No warranty is given that the Application will be uninterrupted, timely, secure, or free from error, that a defect will be corrected, that the Application is free from harmful components, or that the results obtained from its use will be accurate or reliable. No warranty is given as to any content published by a user, and in particular as to any alert concerning a road hazard.

Certain jurisdictions do not permit the exclusion of implied warranties, so the exclusions above apply to the fullest extent permitted in the jurisdiction of the user, and the remaining provisions of the Terms are unaffected.

24. Limitation of liability

To the fullest extent permitted by applicable law, Truckly Network, its officers, its employees, and its agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, nor for any loss of profits, of revenue, of data, of goodwill, or of business opportunity, arising out of or in connection with the Application, whether the claim is founded in contract, in tort, in strict liability, or otherwise, and whether or not the possibility of such damage was known.

To the fullest extent permitted by applicable law, our aggregate liability arising out of or in connection with the Application, and with the Terms, shall not exceed the greater of one hundred United States dollars (USD 100) and the total amount, if any, paid by the user to Truckly Network in the 12 months preceding the event giving rise to the claim. The limitation reflects the fact that the Application is supplied at no cost, and it does not apply to a liability which cannot lawfully be limited.

Liability is excluded in particular in respect of any loss, injury, or damage arising from an alert published by a user, from reliance placed on such an alert, from the absence of an alert, from a decision taken while driving, from a collision, from a delay, from a route selected, and from any interaction between users, whether occurring within the Application or beyond it.

Nothing in the Terms excludes or limits liability which cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence where the applicable law so provides, and for fraud or fraudulent misrepresentation. Certain jurisdictions do not permit the exclusion or the limitation of particular damages, so the provisions above apply to the fullest extent permitted in the jurisdiction of the user.

Any claim arising out of or in connection with the Application must be commenced within one year after the cause of action accrues, failing which it is permanently barred, save where the law applicable to the user prohibits such a shortening or prescribes a longer period that cannot be waived, in which case the period prescribed by that law governs.

25. Indemnity

The user agrees to indemnify and to hold harmless Truckly Network, together with its officers, employees, and agents, against any claim, demand, loss, liability, damage, cost, or expense, including reasonable attorneys’ fees, arising out of the Content published by the user, out of the use of the Application by the user, out of a breach of the Terms, out of a breach of applicable law, and out of a violation of the rights of a third party. Truckly Network reserves the right to assume the exclusive defense of any matter subject to indemnification, in which case the user shall cooperate in that defense.

26. Governing law, and the resolution of disputes

The Terms, and any dispute arising out of or in connection with them or with the Application, are governed by the laws of the State of New York and by the federal law of the United States, without regard to the rules on conflict of laws. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

Before the commencement of proceedings, the party raising a dispute shall notify the other in writing, at support@trucker-network.com in our case, describing the dispute and the relief sought, and the parties shall attempt in good faith to resolve the matter within 60 days of that notice.

Where the dispute is not resolved, the state and federal courts situated in the County of New York, State of New York, shall have exclusive jurisdiction, and the parties submit to the personal jurisdiction of those courts and waive any objection founded on venue or on the doctrine of forum non conveniens. Either party may nonetheless bring an individual claim in a small claims court having jurisdiction, and we may seek injunctive relief in any competent court in order to protect our intellectual property or to prevent unauthorized access to the service.

Claims must be brought in an individual capacity, and not as a plaintiff or a class member in a purported class action, a collective action, a consolidated action, or a representative proceeding. The waiver does not extend to a claim for public injunctive relief brought under a statute that renders the waiver of such relief unenforceable, and a claim of that kind may be pursued notwithstanding the preceding sentence. Each party further waives any right to a trial by jury, to the extent that the law governing the claim permits a waiver agreed before the dispute arose. Where a waiver contained in the present paragraph is held unenforceable in respect of a particular claim, that claim alone shall be severed and determined in court, and the remainder of the present Section shall continue in force.

Nothing in the present Section deprives a consumer of the protection of a mandatory rule of the law of the state in which that consumer resides, nor of the right to bring proceedings before a competent authority of that state where such a right cannot lawfully be excluded.

27. Provisions required in respect of applications obtained through the App Store

The provisions of the present Section apply where the Application has been obtained through the Apple App Store, and they prevail over any inconsistent provision elsewhere in the Terms in respect of the matters they address.

27.1 Acknowledgment. The Terms are concluded between the user and Truckly Network alone, and not with Apple Inc. ("Apple"). Truckly Network, and not Apple, is solely responsible for the Application and for its content.

27.2 Scope of the license. The license granted to the user is a non-transferable license to use the Application on any Apple-branded product that the user owns or controls, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, save that the Application may be accessed by other accounts associated with the purchaser through Family Sharing or volume purchasing.

27.3 Maintenance and support. Truckly Network is solely responsible for the provision of maintenance and of support services in respect of the Application, as specified in the Terms or as required by applicable law. Apple has no obligation whatever to furnish maintenance or support services in respect of the Application.

27.4 Warranty. Truckly Network is solely responsible for any product warranty, whether express or implied by law, to the extent that it has not been effectively disclaimed. In the event of a failure of the Application to conform to an applicable warranty, the user may notify Apple, which will refund the purchase price of the Application, if any; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatever in respect of the Application, and any other claim, loss, liability, damage, cost, or expense attributable to a failure to conform to a warranty is the sole responsibility of Truckly Network.

27.5 Product claims. Truckly Network, and not Apple, is responsible for addressing any claim of the user or of a third party relating to the Application or to the user’s possession or use of it, including a claim in product liability, a claim that the Application fails to conform to an applicable legal or regulatory requirement, and a claim arising under consumer protection, privacy, or similar legislation.

27.6 Intellectual property rights. In the event of a claim by a third party that the Application, or the user’s possession or use of it, infringes the intellectual property rights of that third party, Truckly Network, and not Apple, shall be solely responsible for the investigation, the defense, the settlement, and the discharge of that claim.

27.7 Legal compliance. The user represents and warrants that the user is not located in a country subject to an embargo imposed by the Government of the United States, or designated by that Government as a country supporting terrorism, and that the user is not listed on any list maintained by that Government of prohibited or restricted parties.

27.8 Name and address of the developer. Questions, complaints, and claims concerning the Application should be directed to Truckly Network, Str. Puskin 32, Chisinau, Republic of Moldova, by electronic mail to support@trucker-network.com.

27.9 Terms of third parties. The user must comply with any applicable terms of a third party when using the Application, including the terms applicable to the wireless data service used by the user.

27.10 Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of the Terms, and, upon the acceptance of the Terms by the user, Apple has the right, and is deemed to have accepted the right, to enforce the Terms against the user as a third-party beneficiary of them.

28. Provisions applicable to distribution through Google Play

Where the Application has been obtained through Google Play, its use is subject in addition to the Google Play Terms of Service, and to the terms applicable to the device and to the data service used by the user. Google LLC is not a party to the Terms, does not supply the Application, and bears no responsibility for it. Reports concerning the Application may be submitted to Google through the functions of Google Play, without prejudice to the reporting mechanisms described in Sections 9, 10, and 11, which remain the appropriate route for matters concerning content and conduct within the Application.

29. Amendments to the Terms

The Terms may be amended in order to reflect a change in the Application, in the applicable law, or in the requirements imposed by the operators of the application stores. The date of the most recent amendment appears at the head of the document, and the amended text takes effect upon publication within the Application unless a later date is stated. Where an amendment is material, notice is given within the Application before the amendment takes effect, and, where the law requires it, renewed acceptance is obtained. Continued use following the entry into force of an amendment constitutes acceptance of it, and a user who does not accept it must delete the Account by the means described in Section 21.

30. General provisions

The Terms, together with the Privacy Policy, constitute the entire agreement between the parties in respect of the Application, and supersede any earlier understanding on the same subject. Where a provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary in order to render it enforceable, or, if modification is impossible, severed, and the remaining provisions shall continue in full force.

Failure to enforce a provision does not constitute a waiver of it, and a waiver is effective only where it is given in writing. The user may not assign the Terms, in whole or in part, without our prior written consent; Truckly Network may assign them in connection with a merger, an acquisition, or a sale of assets, on notice to the user.

No agency, partnership, joint venture, or employment relationship arises from the Terms. Truckly Network is not liable for a failure or a delay in performance attributable to a cause beyond its reasonable control, including an act of God, a natural disaster, a war, an act of terrorism, a civil disturbance, an act of a public authority, a failure of a telecommunications network, and a failure of a supplier.

Notices to the user are given within the Application, by push notification, or by electronic mail to the address recorded in the profile. Notices to us are given by electronic mail to the address stated in Section 31, or by post to the address stated in Section 1.

The Application, and any technical data relating to it, may be subject to the export control laws of the United States, and the user agrees to comply with those laws and not to export or re-export the Application in contravention of them.

Headings are inserted for convenience alone and do not affect the interpretation of the Terms. The Terms are drafted in the English language, and, where a translation is supplied for convenience, the English text prevails in the event of a discrepancy.

31. How to contact us

Truckly Network, Str. Puskin 32, Chisinau, Republic of Moldova. General assistance, legal notices, privacy matters, and reports concerning content, abusive conduct, the safety of a minor, or an intimate visual depiction published without consent: support@trucker-network.com. Account deletion: https://truckers-network.com/account/delete.