This User Agreement (the “Agreement“) is a legally binding contract between My Delivery Fleet LLC (“My Delivery Fleet“, “we“, “us“, or “our“) and the business entity or individual accessing our services (“User“, “Client“, or “you“).

Notice to User: This agreement includes important information regarding how we resolve disputes through arbitration, a waiver of your right to participate in class actions, and specific limitations on our financial liability. We encourage you to read these sections carefully before using our services.

1. Description of Service

My Delivery Fleet provides a Software-as-a-Service (SaaS) platform that facilitates on-demand delivery fulfillment by connecting Users to third-party delivery providers

(collectively “Delivery Partners“), including but not limited to Uber Direct and DoorDash Drive, and provides marketing tools and order-tracking interfaces.

2. Multi-Provider Delivery Fulfillment

2.1 Third-Party Provider Terms

My Delivery Fleet acts solely as a technical aggregator. We do not transport goods. By requesting a delivery, you agree to be bound by the terms of the specific Delivery Partner assigned to that order.

• Uber Direct: You expressly agree to the Uber Direct Terms and Conditions.
• Pass-Through Liability: Any breach of a Delivery Partner’s terms by you is a breach of this Agreement. You shall indemnify My Delivery Fleet for any fines, penalties, or damages imposed by Delivery Partners due to your conduct or the conduct of your

2.2 Dispatch Fees and Pricing

• Dispatch Fees: You will be charged a “Dispatch Fee” consisting of the Delivery Partner’s base fee plus our administrative/processing fees, if Pricing for delivery services is subject to change at any time based on Delivery Partner rates and our administrative costs.
• Subscription Fees: My Delivery Fleet reserves the right to implement, modify, or increase recurring subscription fees for access to the platform or specific software suites at any We will provide at least thirty (30) days’ notice of any change in subscription

 

pricing. Continued use of the platform after the effective date of a price change constitutes your agreement to pay the modified amount.

2.3 Gratuity Compliance

You are responsible for ensuring that tips are distributed in accordance with the policies under which they were collected from your customers. If your ordering system indicates a tip is for the driver, you must ensure that amount is correctly entered into our interface. My Delivery Fleet waives all responsibility for the misallocation or under-reporting of tips by the User.

2.4 Service Disputes and Resolution

The adjudication and issuance of refunds, credits, or financial adjustments resulting from delivery service failures—including but not limited to delayed fulfillment, missing or damaged items, or non-completion of service—are solely governed by the policies and procedures of the applicable Delivery Partner. My Delivery Fleet is not a provider of transportation services and assumes no liability for delivery performance. You acknowledge that any request for reimbursement must be submitted to the Delivery Partner through their designated channels and is subject to their independent investigation and final determination. My Delivery Fleet does not provide direct refunds for delivery-related incidents and possesses no authority to override a Delivery Partner’s claim decision.

 

2.5 Delivery Protocol and Drop-off Discretion

You acknowledge that delivery instructions passed to Delivery Partners (such as “Hand to me,” “Meet at door,” or “Knock and wait”) are requests and not guarantees of specific performance. The Delivery Partner and their individual drivers reserve the right to complete the delivery in accordance with their safety protocols and operational discretion. In events where a recipient is unavailable, unresponsive, or the delivery location is deemed inaccessible or unsafe, the driver may, at their sole discretion, complete the delivery by leaving the items at the safest available location (e.g., doorstep, lobby, or front desk). Such delivery shall constitute a completed service for which you remain fully liable for payment.

3. Data Sourcing, Access, and Commercialization

3.1 Sourcing & Verification

We source data via Virtual Printers, Email Parsing, and Direct Integrations.

• User Responsibility: You are solely responsible for verifying the accuracy of all order details (address, items, totals, and tips). My Delivery Fleet is not liable for “imperfect

 

data” resulting from automated parsing, OCR errors, or technical glitches.

• Authorization: You warrant that you have all necessary rights, licenses, and consents to provide us access to this data (including data from POS systems or third-party marketplaces).

3.2 Grant of Rights & Data Sale

By using the service, you grant My Delivery Fleet a perpetual, irrevocable, worldwide, royalty-free license to collect, process, store, and utilize all data sourced through your account.

• Commercialization: You expressly acknowledge and agree that My Delivery Fleet may sell, lease, license, or otherwise commercialize aggregated or de-identified data, as well as business-level transaction data, to third parties for analytics, marketing, or research purposes, subject to applicable law.
• Indemnity: You shall hold us harmless from any claims by third-party platforms (e.g., GrubHub, DoorDash, POS providers) regarding our scraping, parsing, or commercial use of data sourced from your integrations.

3.3 Information Display and Reliance

The data presented within the My Delivery Fleet dashboard, including but not limited to driver location, estimated times of arrival (ETA), order status, and inventory availability, is provided for informational purposes only and may reflect cached, delayed, or estimated information.

You acknowledge that real-time synchronization is subject to network latency, third-party API limitations, and technical variances. It is the User’s sole responsibility to independently verify critical information before taking action or communicating with end customers. My Delivery Fleet assumes no liability for operational decisions, customer disputes, or financial losses resulting from your reliance on data displayed in our system that may not reflect the immediate real-world status.

4. Marketing Suite, Transactional Messaging & Compliance

4.1 Comprehensive Message Liability

You acknowledge and agree that you are the sole “sender” of all messages (SMS, MMS, or email) transmitted through the My Delivery Fleet platform, whether such messages are marketing-related, promotional, or transactional in nature (e.g., order updates, delivery tracking). You assume full liability for ensuring that all messaging campaigns, automated triggers, and customer communications comply with: (a) All applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA) and the CTIA

 

Messaging Principles and Best Practices; and (b) The terms of service, privacy policies, and restriction guidelines of the ordering platforms, Point of Sale (POS) systems, or marketplaces from which your customer data is sourced.

4.2 User Responsibility for Consent and Content

My Delivery Fleet provides the technical infrastructure to send messages but exercises no control over the content, recipient list, or timing of your transmissions. It is your exclusive responsibility to confirm that the recipient has provided the necessary consent to receive the specific type of message being sent. You agree to indemnify and hold My Delivery Fleet harmless against any third-party claims, fines, or carrier penalties arising from your failure to adhere to compliance standards or third-party platform rules regarding text messaging.

 

5. Payments & Collections

Users are charged on a weekly basis via Stripe based on usage. All pricing is subject to change.

• Credit Card: Subject to processing
• ACH: You authorize My Delivery Fleet to perform balance checks via Stripe Financial Connections to confirm sufficient funding.
• Failure to Pay: In the event of non-payment, My Delivery Fleet reserves the right to take legal action to recover You agree to pay a 1.5% monthly late fee and all legal/collection costs.

 

6. Hardware and Equipment

• Ownership and Possession: Any hardware provided to the User by My Delivery Fleet, including but not limited to tablets or printers (“Equipment”), remains the sole and exclusive property of My Delivery Fleet. The Equipment is provided to the User on a bailment basis for the sole purpose of accessing the My Delivery Fleet software.
• Mandatory Return Policy: Upon termination of the User’s account for any reason, or if My Delivery Fleet deems the account “Inactive” (defined as thirty consecutive days without a processed delivery), the User must return the Equipment to My Delivery Fleet within seven (7) business
• Responsibility for Costs: The User is solely responsible for all costs associated with the return of the Equipment, including professional packaging, insured shipping, and The User assumes all risk of loss or damage to the Equipment.
• Non-Return Fees: If the Equipment is not received by My Delivery Fleet within the required timeframe, or if the Equipment is returned in a damaged condition (beyond

 

normal wear and tear), the User authorizes My Delivery Fleet to charge the User’s stored payment method for the full MSRP of the Equipment plus a $50.00 administrative processing fee.

7. ZERO LIABILITY AND WAIVER

7.1 Total Waiver of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MY DELIVERY FLEET, ITS OWNERS, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, DAMAGES, OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES.

THIS INCLUDES, WITHOUT LIMITATION, NO LIABILITY FOR:

1. LOST PROFITS, LOST REVENUE, OR LOST
2. MISSED, DELAYED, OR INCORRECT
3. ERRORS IN PRICING, TIPPING, OR ADDRESS
4. THIRD-PARTY DRIVER CONDUCT (THEFT, DAMAGE, MISCONDUCT).
5. SERVICE INTERRUPTIONS OR SYSTEM

7.2 Cap on Liability

IF, NOTWITHSTANDING THE TOTAL WAIVER ABOVE, A COURT OF COMPETENT JURISDICTION DETERMINES THAT MY DELIVERY FLEET IS LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT OUR TOTAL AGGREGATE LIABILITY SHALL BE STRICTLY LIMITED TO THE TOTAL ADMINISTRATIVE FEES PAID BY YOU TO US IN THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL BASIS OF THE BARGAIN AND THAT WE WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT IT.

8. ARBITRATION & CLASS ACTION WAIVER

Any dispute arising out of or relating to this Agreement shall be resolved exclusively through binding arbitration on an individual basis. Users waive any right to participate in class actions, collective actions, or representative proceedings.

9. NO PARTNERSHIP OR AGENCY

Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between My Delivery Fleet and User.

10. FORCE MAJEURE

My Delivery Fleet shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet or power outages, pandemics, government actions, or third-party platform failures.

11. SERVICE SUSPENSION & TERMINATION

My Delivery Fleet reserves the right to pause, suspend, or terminate Services at any time, with or without notice, for any reason, including non-payment or suspected misuse.

12. SURVIVAL

Sections relating to liability limitations, indemnification, arbitration, data rights, payment obligations, and governing law shall survive termination of this Agreement.

13. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings.