Joyner Vu — Terms & Conditions
Joyner Vu is a real-time freight and fleet visibility platform ("Platform") provided by Joyner that enables shippers, carriers, and authorized users to track shipment status, location, and milestone events ("Visibility Data"). These Terms govern access to and use of Joyner Vu via web application, mobile application, or API.
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 Vu (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. Account Registration & Access
Access to Joyner Vu requires a registered account. You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. You agree to notify Joyner promptly of any unauthorized access or use of your account. Joyner may offer tiered access levels (e.g., shipper, carrier, administrator) with different feature sets and data visibility, as described in your account configuration.
3. Subscription, Fees & Free Trials
Access to Joyner Vu may be offered on a subscription basis, a per-shipment basis, or bundled with other Joyner services, as set forth in your order form or account plan. Subscription fees are billed in advance on the agreed billing cycle (monthly or annual) and are non-refundable except as required by law or expressly stated in your order form. Joyner may offer free trials; upon trial expiration, continued access requires a paid subscription unless you cancel before the trial ends.
4. Data Sources & Accuracy
Joyner Vu aggregates location and status data from a variety of sources, including ELD/telematics integrations, carrier-provided updates, GPS tracking devices, and third-party data providers. Joyner uses commercially reasonable efforts to ensure the accuracy and timeliness of Visibility Data but does not guarantee that tracking data will be continuous, uninterrupted, or free from error, particularly where data depends on third-party connectivity, carrier compliance, or device functionality outside Joyner's control. Visibility Data should not be the sole basis for time-critical or safety-critical decisions.
5. Acceptable Use
You agree not to: (a) use Joyner Vu to track shipments or vehicles you are not authorized to track; (b) attempt to reverse-engineer, scrape, or extract data from the Platform other than through supported export/API functionality; (c) interfere with the security or proper functioning of the Platform; (d) use the Platform in violation of any applicable law, including privacy and data protection laws; or (e) share account credentials with unauthorized users.
6. API Access
If Joyner provides API access to Joyner Vu, such access is subject to applicable rate limits, authentication requirements, and any separate API terms of use provided at the time of API key issuance. Joyner may suspend API access for excessive usage, security concerns, or breach of these Terms.
7. Customer Data & Integrations
Where you connect third-party systems (TMS, ELD, telematics providers) to Joyner Vu, you represent that you have the necessary rights and authorizations to share such data with Joyner and to permit Joyner to process it for purposes of providing the Platform. Joyner will handle such data in accordance with its Privacy Policy and any applicable data processing terms.
8. Insurance & Limitation of Liability
8.1 Insurance
Joyner maintains technology errors and omissions and cyber liability insurance applicable to its software platform operations.
8.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOYNER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO JOYNER VU, INCLUDING ANY RELIANCE ON VISIBILITY DATA OR PLATFORM DOWNTIME SHALL NOT EXCEED the total subscription fees paid by you to Joyner for Joyner Vu in the twelve (12) months preceding the event giving rise to the claim.
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.
8.3 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.
9. Service Availability
Joyner will use commercially reasonable efforts to maintain Platform availability but does not guarantee uninterrupted access. Scheduled maintenance will be communicated where practicable. Joyner is not liable for unavailability caused by third-party infrastructure, internet service disruptions, or integrated data source outages.
10. 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 Platform, your integrations, or data you submit to or connect with Joyner Vu; or (d) your negligent or willful misconduct in connection with the Service.
11. 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.
12. 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.
13. 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.
14. Dispute Resolution; Binding Arbitration
14.1 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.
14.2 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.
14.3 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 15 (Governing Law) through the courts identified therein.
15. 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.
16. 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.
17. General Provisions
17.1 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.
17.2 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.
17.3 Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
17.4 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.
17.5 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.
17.6 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.
17.7 Contact
Questions about these Terms may be directed to legal@myjoyner.com.