Drivewyze PreClear gives you a Heads Up alert when you are 2 miles away from a weigh station or mobile inspection site – at over 800 locations across the country – so that you can be prepared. And it is the only app that can provide weigh station bypass services in 21 states (and growing!) with an optional subscription.
Drivewyze protects your privacy. We encrypt all wireless communications, and we never share your location or personal information with anybody – including law enforcement or your mother. No time stamping, no snooping, no sharing private info.
We Work Where You Work
If you sign up for the Drivewyze PreClear Bypass service, you will enjoy receiving bypasses at 291 sites in 21 states, with more states being added regularly — in addition to receiving weigh station Heads Up alerts at almost every other weigh station in the country.
Check out our coverage map below to see which sites are participating in the Drivewyze bypass service and which ones provide Heads Up alerts.
This Drivewyze Inc. (?Drivewyze?) Service Agreement (?Agreement?) authorizes Customers and Drivers to access and use Services solely in accordance with the terms and conditions of this Agreement.
EFFECTIVE DATE: This Agreement shall not be effective until Drivewyze receives all required application information and Drivewyze accepts Customer?s application. Customer?s rights under this Agreement and rights to use the Services are subject to Customer?s compliance with all applicable laws and the terms and conditions of this Agreement.
DEFINTITIONS. ?Customer? means either an approved motor carrier that has Drivers who have downloaded Software where such carrier has subscribed to Services, or individual Drivers who have downloaded Software and subscribed to Services. ?Driver? means either an individual vehicle driver that is also a Customer, or those vehicle drivers authorized by a Customer to drive under such Customer?s DOT number. ?License Agreement? means the license agreement entered into by a Customer or Driver when downloading the Software. ?Services? means the provision of access to and the right to use the functionality and services included as part of Drivewyze?s programs, as described at www.drivewyze.com, and support for use of the Software and Services as set out in Drivewyze?s Support Policy found at www.drivewyze.com, which is hereby incorporated into this Agreement by this reference. ?Service Sites? means federal, state or provincial sites, including but not limited to open weigh stations, ports-of-entry, temporary inspection sites, mobile inspection sites, agricultural interdiction facilities, and other sites monitored by government agencies at which the Services may be utilized. ?Software? means Drivewyze software downloaded by the Customer or a Driver for use pursuant to the License Agreement.
CUSTOMER OBLIGATIONS: Customer agrees, and where Customer is not an individual Driver, shall cause its Drivers to agree :
a. To authorize Drivewyze to acquire and periodically reconfirm information from government agencies, leasing companies, and/or third party credential processors concerning registration, permits, licenses, inspections, taxes and any other credentials, including but not limited to all carrier, vehicle and driver information required to support bypass services. Customer authorizes, and shall ensure each of its Drivers authorizes, Drivewyze to collect, disclose and use such information, and Customer on behalf of itself and its Drivers authorizes government agencies and other entities to release without restriction or liability all such information to Drivewyze.
b. To authorize Drivewyze to submit Customer?s carrier, vehicle, and Driver information to participating government agencies for use in providing Services.
c. To obtain permission from the lessor to electronically screen the vehicle credentials when the Customer is leasing a vehicle in which Software has been downloaded to a device.
d. To use the lanes designated as Drivewyze Service Site lanes, where available, when approaching a Drivewyze Service Site.
e. To obey all applicable federal, state and provincial laws and regulations, including those governing eligibility for bypass at Drivewyze Service Sites, including criteria regarding vehicle configuration, content and weight. The approved users will be signaled when authorized to bypass by either/or both an audible beep and visual ?Bypass? message and a green light, approximately one mile in advance of the Service Site. Absent this bypass authorization, the user will receive either/or both an audible beep and a visual red light, and possibly either a “Follow Road Signs” message or a ?Follow Transponder? message, depending on their device of usage. Customer agrees to follow the posted signage and/or directions of law enforcement in the event of a red light and/or a ?Follow Road Signs? message. Customer agrees to defer driving decision to signals received from in-cab transponder in the event of a ?Follow Transponder? message, where applicable.
f. That Customer and its Drivers may utilize the Software and Services with another transponder in the vehicle, but must notify Drivewyze of transponder program identification at registration or at time of alternate transponder activation. This notification allows Drivewyze to configure application to defer in-cab signaling priority to transponder with ?Follow Transponder? message at applicable transponder program sites. Customer agrees in the event of any conflicting messages/signals between the Software or Services and another in-cab transponder, to follow road signs and report to inspection site. Customer must notify Drivewyze of any message conflicts between the Software or Services and an alternate in-cab transponder so that they can be resolved in the Drivewyze system.
g. To pay such service charges as are established by Drivewyze for each vehicle registered, and all applicable taxes. The Customer shall be responsible to pay all taxes and government charges attributable to the purchase, licensing or use of the Services or Software.
h. To pay all invoices including Drivewyze fees within thirty (30) days of receipt, or as otherwise provided in this Agreement. Any balance outstanding over 30 days is delinquent and can result in suspension by Drivewyze of the Customer?s use of the Software and Services and, to the extent permitted by applicable law, is subject to interest equal to prime rate + 2% per month (based on the prime rate published by the Wall Street Journal on the date such amount became outstanding), and any discounts offered will be void. After two delinquencies in any calendar year, Drivewyze may require Customer to establish electronic means of payment.
i. To review invoices promptly and notify Drivewyze if there are any questions regarding Customer?s charges. If Drivewyze is not notified in writing within thirty (30) days of invoice date, all charges will be deemed to have been accepted by Customer.
j. To pay a $25.00 US charge for each invalid check or payment Customer?s bank returns.
k. To report in a timely manner changes relevant to Customer?s Drivewyze account, including company name or ownership, mailing address, telephone number, vehicles enrolled in Drivewyze, license plate numbers, any and all change of credentials, applicable credit card numbers and expiration date, and other account information. The Customer shall keep Drivewyze updated with all information regarding all vehicles permitted to drive under the Customer?s Department of Transportation (?DOT?) number. In the event that a vehicle is no longer approved to drive under the Customer?s DOT number, Customer must remove said vehicle from their list of registered vehicles with Drivewyze. The Customer shall immediately inform Drivewyze if a Driver is driving under a different DOT number, and to provide evidence from the owner of such DOT number that the Driver is entitled to drive under such DOT number
l. Not to use the Software or Services in any vehicle other than an approved vehicle registered with Drivewyze.
m. Not to access or attempt to access any other Drivewyze systems, programs or data that are not made available for public use.
n. Not to copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the Drivewyze website, except as authorized in writing by Drivewyze.
o. Not to rent, sell, lease, lend, redistribute or sublicense the Software or permit any third party to benefit from the use or functionality of the Software or, Services via a rental, lease, timesharing, service bureau, or other arrangement.
p. Not to use the Software or Services on any compatible device that Customer does not own or control.
q. Not to assign, sublicense or otherwise transfer any of the rights granted to Customer under this Agreement.
r. Not to copy (except as expressly permitted by this Agreement or the License Agreement), modify, or create derivative works of the Software or Services.
s. Not to work around any technical limitations in the Software or Services, or use any tool to enable features or functionalities that are otherwise disabled in the Software or Services, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law or by licenses with respect to open source software included with the Software.
t. Not to perform or attempt to perform any actions that would interfere with the proper working of the Software or Services, prevent access to or the use of the Software or Services by Drivewyze’s other licensees or customers, or impose an unreasonable or disproportionately large load on Drivewyze’s infrastructure.
u. Not to otherwise use the Software or Services except as expressly allowed under this Agreement.
DRIVEWYZE OBLIGATIONS: Drivewyze agrees:
a. To authorize Customer vehicles to receive and use the Services at participating Service Sites subject to continued compliance with eligibility requirements required by Drivewyze or applicable governmental authorities.
b. To assess fees for each account based on the number of vehicles registered with Drivewyze and the service tier utilized by each vehicle found at www.drivewyze.com (?Pricing Schedule?) which is incorporated by reference in to this Agreement.
c. That fees and other charges for Services, are billed one month in arrears in accordance with the Pricing Schedule, except for prepay Customers.
d. To provide Customer service and account information in at least one of two ways:
NO BYPASS GUARANTEE: Drivewyze does not guarantee, represent or warrant that legally operating vehicles will be allowed to bypass a participating facility. Bypass criteria are determined by the law enforcement agencies of each participating state/provincial jurisdiction. In general, the better a carrier/vehicle/driver safety history and conformance with credentials requirements, the higher the bypass rate. Random pull-ins are a standard feature of the Services and of government agency and law enforcement efforts, and each site has the option to require all vehicles to pull-in for special enforcement efforts. Drivewyze is not and cannot be responsible for the actions of any law enforcement agency.
CANCELLATION: Customer may terminate this Agreement and discontinue Customer?s access to Services by informing Drivewyze in writing or via client web portal. Drivewyze may immediately terminate this Agreement or suspend or cancel Customer?s participation in Drivewyze if a Customer fails to continue to meet program eligibility requirements, or is in breach of a material term of this Agreement. Drivewyze may terminate this Agreement and Customer?s access to and use of the Services at any time for any reason by providing thirty (30) days notice to Customer. Drivewyze will not refund amounts less than $25.00US unless requested by Customer, nor if the account has been placed with collections.
RELEASE & INDEMNITY: Customer hereby releases Drivewyze from all loss, damage or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or receipt of Software or Services by Customer or any of its Drivers. Customer shall defend, indemnify and hold Drivewyze and its affiliates harmless from and against any and all claims, losses, liability costs and expenses (including attorneys’ fees) arising from: (i) any violation of this Agreement, the License Agreement, or of any state, provincial or federal laws or regulations, by Customer, or by Customer?s users or Drivers; (ii) any use of the Software or Services by Customer or its users or Drivers, including any death, injury or property damage resulting from any such use; (iii) any tickets, infractions, penalties or accidents arising from any use of vehicles by Customer or its affiliates, or their Drivers; (iv) any infringement or misappropriation of a third party’s copyrights, patents, trade secrets or other intellectual property rights, or any violation of any proprietary right or invasion of any privacy rights; (v) any Data (as defined below) or any failure by Customer to obtain consents from Drivers, or to cause Drivers to consent for the collection, use and disclosure of Data, or other information or data in accordance with this Agreement; or (vi) any failure by Customer to pay or remit applicable taxes or charges in accordance with this Agreement.
DISCLAIMER: CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE AND SERVICES IS AT CUSTOMER?S SOLE RISK. THE Software AND Services ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIVEWYZE, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL GUARANTEES, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE Software OR Services, INCLUDING THOSE OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. DRIVEWYZE DOES NOT WARRANT OR REPRESENT THAT THE Software AND Services ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, IDENTITY THEFT, THREAT OF HACKERS, OTHER SOFTWARE OR SERVICE LIMITATIONS, THAT DEFECTS IN THE Software OR Services WILL BE CORRECTED, OR THAT THE SoftwareAND Services WILL MEET CUSTOMER?S REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. IN THAT EVENT, ANY IMPLIED WARRANTIES OR REPRESENATIONS ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE Software, OR Services, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF DRIVEWYZE AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE Software AND Services GIVING RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIVEWYZE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOSS OF PROFITS OR OTHER ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DRIVEWYZE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DRIVEWYZE AND CUSTOMER. DRIVEWYZE WOULD NOT BE ABLE TO HAVE PROVIDED THE SOFTWARE OR THE SERVICES WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO CUSTOMER. CUSTOMER AND ITS DRIVERS AND USERS SHALL BE RESPONSIBLE FOR ALL LIABILITIES ARISING FROM ITS USE OF THE SOFTWARE AND SERVICES, INCLUDING ANY TICKETS, INFRACTIONS, PENALTIES OR ACCIDENTS ARISING FROM ANY USE OF VEHICLES BY CUSTOMER OR ITS DRIVERS OR USERS.
CHANGES TO AGREEMENT: Drivewyze shall have the right, in its sole discretion and with reasonable notice posted on the Drivewyze website, www.drivewyze.com, and/or sent to Customer?s email address provided in registering for the Service, to revise, update, or otherwise modify the Services or Software and establish or change limits concerning use of the Software or Services, temporarily or permanently. Drivewyze reserves the right to make any such changes effective immediately to maintain the security of the system or Customer?s information or to comply with any laws or regulations, and to provide Customer with electronic or written notice within thirty (30) days after such change. Customer may reject changes by discontinuing use of the Software and Services to which such changes relate, or if an update to the Software is provided, by rejecting the downloading of such update. Drivewyze reserves the right to terminate this Agreement by providing thirty (30) days written notice at any time if Customer rejects such update. Customer?s continued use of the Software and Services, or downloading of an update will constitute Customer’s agreement to such changes. Drivewyze may, from time to time, perform maintenance upon the Software or Services resulting in interrupted service, delays or errors in the Software or Services. Drivewyze will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided. Drivewyze may update Customer?s status under different tiers of Service at any time by providing notice to Customer.
b. Customer agrees to allow Drivewyze to provide information required as part of the Services to any and all government agencies responsible for commercial vehicle law enforcement.
c. Registration Data: Customer must register to use the Software and Services other than in Demo Mode. Customer must provide true, accurate, current and complete information as prompted by the interview sign-up process (the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If Customer provides any Registration Data that is inaccurate, not current or incomplete, or Drivewyze has reasonable grounds to suspect is inaccurate, not current or incomplete, Drivewyze may, in its sole discretion, suspend or terminate Customer?s account and refuse any and all current or future access to and use of the Software or Services (or any portion thereof).
d. Customer Access Information: ?Customer Access Information? means Customer?s access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by Customer to access the Software, Services and Customer?s financial institution accounts. Customer is solely responsible for: (i) maintaining the confidentiality and security of Customer Access Information. Customer will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data (“Communications”) entered using the Customer Access Information. Drivewyze assumes that any Communications it receives through use of the Customer Access Information were sent or authorized by Customer. Customer agrees to immediately notify Drivewyze if Customer becomes aware of any loss, theft or unauthorized use of any Customer Access Information. Drivewyze reserves the right to deny Customer access to the Software or Services (or any part thereof) if Drivewyze reasonably believes that any loss, theft or unauthorized use of Customer Access Information has occurred. Customer must inform Drivewyze of, and hereby grants to Drivewyze permission to use, Customer Access Information to enable Drivewyze to provide the Services to Customer, including updating and maintaining Event Data, addressing errors or service interruptions, and to enhance the types of data and services Drivewyze may provide to Customer in the future.
e. Event Data: ?Event Data? means information, files or data that is collected and stored in using the Software or Services, including user name, password information, vehicle information, location , device platform, Software version, network provider. Customer shall prevent unauthorized access to or use of the Event Data. Customer authorizes Drivewyze to collect and use the Event Data, and to combine Customer?s Event Data with that of others in a way that does not identify Customer or any individual personally, to improve services and to compare spending practices with others with similar spending habits. ?Data? means Registration Data, Customer Access Data, and Event Data.
f. Customer agrees to allow Drivewyze to report information about Customer?s account to credit bureaus and to search Customer?s credit rating and history with credit bureaus. Late payments, missed payments, or other defaults on Customer?s account may be reflected in Customer?s credit report.
g. Customer agrees to allow Drivewyze to use Customer?s data that is not personal information for its own purposes including the use of producing anonymous data for use in related services.
h. Customer agrees to allow Drivewyze to include Customer in a national bypass rate information services that will include only carrier names and effective bypass rates calculated for each participating jurisdiction and averaged nation-wide. Customer will be given access to their specific bypass rate.
This Agreement and documents referenced in this Agreement constitutes the entire understanding of the parties concerning the subject matter of this Agreement and supersedes all prior written or oral understandings. No delay or failure by Drivewyze to exercise any right under this Agreement, and no partial or single exercise of that right, nor acceptance of a partial payment, or the waiver of condemnation of any breach or default, shall constitute a waiver of that or any other right, unless otherwise expressly provided. The suppliers, agents, employees, distributors, and dealers of Drivewyze are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Drivewyze. Any waiver of the terms herein by Drivewyze must be in writing and signed by an authorized officer of Drivewyze and expressly reference the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement will be governed by Delaware law as applied to agreements entered into and to be performed entirely within Delaware, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law. The United Nations Convention on Contracts for the International Sale of Goods is disclaimed by the parties does not apply to this Agreement. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in the State of Delaware or federal court for the District of Delaware. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.” Notices under this Agreement may be sent via email to Drivewyze to following email address email@example.com and to the Customer at the email address provided by Customer when registering for the use of the Services.