Joyner Mobile App — Terms & Conditions
The Joyner mobile application ("App") is provided by Joyner to allow customers, drivers, employees, and partners to access Joyner services, including booking, tracking, account management, communications, and related features, depending on your user role. These Terms govern your download, installation, and use of the App, in addition to the terms applicable to any specific Joyner service you access through the App (e.g., Joyner Autow, Joyner Mobility, Joyner TMS), which are incorporated by reference where applicable.
1. Acceptance of Terms
These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "User," "you," or "your") and Joyner Transportation & Logistic Services LLC, a Georgia limited liability company with its principal place of business in Atlanta, Georgia ("Joyner," "Company," "we," "us," or "our"), governing your access to and use of Joyner Mobile App (the "Service").
By accessing, registering for, booking, requesting, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any service-specific addenda referenced herein. If you do not agree to these Terms, you must not access or use the Service.
If you are using the Service on behalf of a business, organization, or other entity, you represent that you have authority to bind that entity, and "you" and "your" will refer to that entity.
2. Eligibility
You must be at least 18 years of age and capable of forming a legally binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements and that all information you provide to Joyner is accurate, current, and complete.
Joyner reserves the right to refuse service, suspend, or terminate accounts at its sole discretion, including for violation of these Terms, fraudulent activity, or safety concerns.
3. License to Use the App
Subject to your compliance with these Terms, Joyner grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on a device you own or control, solely for your personal or authorized business use in connection with Joyner services. This license does not permit you to: (a) modify, reverse-engineer, or create derivative works of the App; (b) distribute, sell, lease, or sublicense the App; (c) use the App for any unlawful purpose; or (d) circumvent any security or access-control feature of the App.
4. App Store Terms
If you download the App from the Apple App Store, Google Play, or another third-party platform ("App Store"), your use is also subject to that App Store's terms of service. In the event of a conflict between these Terms and the applicable App Store's terms regarding permitted use, the App Store's terms control solely with respect to your relationship with the App Store as a third-party beneficiary of these Terms, to the extent required by that App Store's policies.
5. Account & Device Permissions
Certain App features require you to create an account and may request device permissions (e.g., location, camera, notifications, contacts) to function. You may decline specific permissions, though doing so may limit App functionality. You are responsible for maintaining the security of your device and account credentials.
6. Location Data
The App may collect and use precise location data to provide core functionality, including dispatch, routing, tracking, and ETA features. Location data is collected and used in accordance with the Joyner Privacy Policy. You may disable location services through your device settings, though this may prevent certain features (e.g., real-time dispatch tracking) from functioning.
7. Push Notifications & Communications
By enabling notifications, you consent to receive push notifications related to bookings, dispatch updates, account activity, and service announcements. You may opt out of non-essential notifications through the App's notification settings or your device settings. Essential service notifications (e.g., safety alerts, dispatch confirmations) may not be capable of being disabled while you maintain an active booking or assignment.
8. App Updates
Joyner may release updates, patches, or new versions of the App from time to time, which may be required for continued functionality. Joyner may discontinue support for older App versions or operating systems with reasonable notice where practicable.
9. User-Generated Content
If the App permits you to submit reviews, ratings, photos, or other content ("User Content"), you grant Joyner a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, and display such User Content in connection with operating and promoting the Service. You represent that you own or have the necessary rights to submit User Content and that it does not violate any third-party rights or applicable law.
10. Insurance & Limitation of Liability
10.1 Insurance
Joyner maintains technology errors and omissions and cyber liability insurance applicable to its mobile application operations. Liability for the underlying transportation, logistics, or other services booked or accessed through the App is governed by the terms applicable to that specific service.
10.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOYNER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE APP, INCLUDING APP DOWNTIME, DATA LOSS, OR TECHNICAL MALFUNCTION SHALL NOT EXCEED one hundred U.S. dollars ($100), except to the extent a higher limit applies under the terms governing a specific service accessed through the App.
IN NO EVENT SHALL JOYNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS, LOST DATA, OR BUSINESS INTERRUPTION, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF JOYNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These limitations do not apply to liability that cannot be limited or excluded under applicable law, including liability for death or bodily injury caused by Joyner's gross negligence or willful misconduct.
10.3 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JOYNER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
11. Indemnification
You agree to indemnify, defend, and hold harmless Joyner, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your violation of any law or third-party right; (c) your use of the App, your User Content, or your violation of these Terms; or (d) your negligent or willful misconduct in connection with the Service.
12. Data & Privacy
Joyner's collection, use, and disclosure of personal information in connection with the Service is governed by the Joyner Privacy Policy, available at myjoyner.com, which is incorporated into these Terms by reference. By using the Service, you consent to such collection and use.
13. Intellectual Property
All content, trademarks, logos, software, and materials associated with the Service, including the "Joyner" name and marks, are the property of Joyner Transportation & Logistic Services LLC or its licensors and are protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in such property except a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose.
14. Term & Termination
These Terms remain in effect for as long as you use the Service. Joyner may suspend or terminate your access to the Service at any time, with or without cause or notice, including for breach of these Terms, non-payment, safety concerns, or suspected fraud. You may stop using the Service at any time. Provisions of these Terms that by their nature should survive termination (including limitation of liability, indemnification, dispute resolution, and intellectual property provisions) will survive.
15. Dispute Resolution; Binding Arbitration
15.1 Agreement to Arbitrate
You and Joyner agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, where applicable, its Consumer Arbitration Rules), as then in effect. The arbitration will be conducted by a single arbitrator and will take place in Fulton County, Georgia, unless the parties agree otherwise or applicable law requires a different venue. Judgment on the arbitration award may be entered in any court having jurisdiction.
15.2 Class Action Waiver
YOU AND JOYNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found unenforceable as to a particular claim or dispute, that claim or dispute will be resolved in court, and the remainder of this arbitration agreement will remain in effect.
15.3 Opt-Out Right
You may opt out of this arbitration agreement by sending written notice to legal@myjoyner.com within thirty (30) days of first accepting these Terms. Your notice must include your name, account information, and a clear statement that you wish to opt out of arbitration. If you opt out, all disputes will be resolved in accordance with Section 16 (Governing Law) through the courts identified therein.
16. Governing Law
These Terms and any dispute arising out of or related to them or the Service shall be governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles, except to the extent governed by the Federal Arbitration Act with respect to the Dispute Resolution section above. To the extent any matter is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Fulton County, Georgia.
17. Force Majeure
Joyner shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, weather, traffic conditions, road closures, governmental action, labor disputes, civil unrest, pandemic, fuel shortages, equipment failure, or other events of force majeure.
18. General Provisions
18.1 Modifications
Joyner may revise these Terms from time to time. Material changes will be communicated via the Service, email, or posting an updated effective date. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
18.2 Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
18.3 Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
18.4 Assignment
You may not assign or transfer these Terms or any rights hereunder without Joyner's prior written consent. Joyner may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
18.5 Entire Agreement
These Terms, together with any referenced policies and service-specific addenda, constitute the entire agreement between you and Joyner regarding the Service and supersede all prior agreements and understandings.
18.6 Notices
Notices to Joyner should be sent to legal@myjoyner.com or to Joyner Transportation & Logistic Services LLC, Atlanta, Georgia. Joyner may provide notices to you via the contact information associated with your account.
18.7 Contact
Questions about these Terms may be directed to legal@myjoyner.com.