Terms of Service

Agreement

These Terms of Service govern your use of EquipSvc Fleet Management (“EquipSvc,” “the Service”), operated by RamerIT LLC (“we,” “us”). By creating an account or using the Service, you agree to these terms on behalf of yourself and the organization you represent (“you,” “your organization”).

What the Service Does

EquipSvc is a record-keeping and communication tool for construction fleets. It helps you track equipment, moves, maintenance, and hour readings, and — for organizations using the Safety & Compliance add-on — create, distribute, sign, and archive safety documents such as job safety analyses, toolbox talks, inspections, permits, and incident reports.

The Service records what you and your workers put into it. It does not inspect your job sites, evaluate your hazards, verify the accuracy of what is entered, or determine what documentation your work requires.

Your Responsibility for Safety and Regulatory Compliance

You are solely responsible for your organization’s compliance with the Occupational Safety and Health Act, OSHA standards and recordkeeping rules, state plan requirements, and every other law, regulation, contract term, or customer requirement that applies to your work. These obligations belong to the employer under law and cannot be transferred to a software vendor. Using EquipSvc does not discharge them.

Specifically, you are responsible for determining:

• which safety documents your work requires, and how often they must be completed
• whether a form, template, or record produced through the Service is adequate for your circumstances, trade, jurisdiction, and contract requirements
• whether the information your workers enter is accurate, complete, and truthful
• how long you must retain records, and whether any record must also be kept in another form or system
• whether an electronic signature is acceptable for a given document under applicable law or contract

Safety form templates, toolbox-talk topics, and similar content provided with the Service are starting points adapted from documents in common industry use. They are not legal advice, are not guaranteed to satisfy any standard or citation, and should be reviewed and adapted by a qualified safety professional before you rely on them.

Nothing in the Service is legal advice, and no output of the Service — including any completed form, signature record, archived PDF, audit trail, or export — constitutes certification, approval, or evidence that your organization is in compliance with any law or regulation.

Electronic Signatures

The Service captures typed electronic signatures along with supporting audit information — when a signing link was sent, viewed, and signed, the phone number it was sent to, the signer’s typed name, and the device IP address and browser information. This design follows the federal ESIGN Act and the Uniform Electronic Transactions Act (UETA) as adopted in most states.

Following that design does not guarantee that any particular signature will be held valid or enforceable. Whether a signature is legally effective depends on facts outside our control — including who actually held the signing link, whether the signer intended to sign, and the law of the applicable jurisdiction. You are responsible for your own signing practices, including verifying that the person signing is the person the record names.

Your Data and Your Account

Your organization’s records remain yours. You are responsible for the accuracy of what you enter, for the security of your account credentials and PINs, for managing who in your organization has access, and for obtaining any consent needed from your workers before entering their information or texting them. Our handling of personal information is described in our Privacy Policy, and text messaging is additionally governed by our SMS Messaging Terms.

We retain finalized safety records for the life of your account. You may export your records at any time while your account is active, and we will provide a complete export on request after cancellation. You remain responsible for keeping your own copies of any records you are required to retain.

Availability and Third-Party Services

The Service depends on third parties we do not control, including cloud hosting, text messaging carriers, email delivery, and equipment telematics providers. Messages may be delayed or undelivered, telematics data may be incomplete or inaccurate, and the Service may be unavailable during outages or maintenance. Do not rely on the Service as the sole means of communicating urgent safety information.

Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, RAMERIT LLC DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE, OR ANY RECORD OR DOCUMENT PRODUCED THROUGH IT, WILL SATISFY ANY LEGAL, REGULATORY, CONTRACTUAL, OR INSURANCE REQUIREMENT, OR THAT IT WILL BE ACCEPTED BY ANY REGULATOR, INSPECTOR, COURT, GENERAL CONTRACTOR, OR OTHER THIRD PARTY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DATA WILL NOT BE LOST.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, RAMERIT LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, REGULATORY FINES OR PENALTIES, CITATIONS, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

WE ARE NOT LIABLE FOR WORKPLACE INJURIES, ILLNESSES, PROPERTY DAMAGE, OR DEATHS OCCURRING AT YOUR JOB SITES, OR FOR ANY CITATION, FINE, OR PENALTY ASSESSED AGAINST YOUR ORGANIZATION. THOSE RESPONSIBILITIES REST WITH THE EMPLOYER.

Indemnification

You agree to indemnify and hold harmless RamerIT LLC from claims, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, the content your organization enters, your safety practices, or your failure to meet a legal or regulatory obligation.

Billing and Cancellation

Paid plans and add-ons are billed in advance on the interval you select. Per-user add-on pricing is based on your active user count and adjusts as your roster changes. You may cancel at any time; cancellation takes effect at the end of the current billing period, and fees already paid are not refundable except where required by law.

Changes to These Terms

We may update these terms as the Service changes. Material changes will be reflected in the “Last updated” date above, and continued use of the Service after a change constitutes acceptance.

Contact

RamerIT LLC
Email: support@equipsvc.com