These Terms and Conditions ("Terms") govern your access to and use of the websites, platform, and services offered by XBI Plus LLC ("XBI Plus," "Company," "we," "us," or "our"), including any content, functionality, and services offered through https://xbiplus.com/ and related web-based services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.

1. Eligibility and Business Use Only

The Services are intended solely for business/workforce use. You represent that:

• You are at least 18 years old, and
• You are using the Services on behalf of a business entity, or you are authorized by a business entity to use the Services.

If you are using the Services on behalf of an organization (a "Customer"), you represent that you have authority to bind that organization to these Terms.

2. Services Overview

XBI Plus provides software and services designed to support trucking and logistics operations, including:

• 24/7 Safety and Compliance
  Compliance tools for reviewing driver logs and identifying safety/compliance risks, including alerts and workflow follow-ups.
• XBI Connect (WhatsApp Messaging)
  Messaging functionality through the WhatsApp Business API to send communications, reminders, and operational updates.
• XBI Punch In
  Workforce time tracking, attendance, and punch-in/punch-out functionality.

No Hardware. XBI Plus does not sell, lease, or provide tracking devices or hardware. The Services are software-based.

3. Account Registration and Responsibilities

To use certain Services, you may need an account.

You agree to:

• Provide accurate and complete information
• Keep your login credentials confidential
• Notify us immediately of unauthorized access
• Be responsible for all activities under your account

We may suspend or terminate accounts for misuse, fraud, or violations of these Terms.

4. Customer Data and Privacy

4.1 Customer Data

"Customer Data" means all data submitted to the Services by or on behalf of Customer or its authorized users, including workforce data, compliance-related data, time tracking data, and communications.

Customer is responsible for:

• The legality of Customer Data
• Obtaining required consents from employees/drivers
• Compliance with applicable labor, privacy, and workplace monitoring laws

4.2 Privacy Policy

Our processing of personal information is described in our Privacy Policy, which is incorporated by reference into these Terms.

5. WhatsApp Business API and Messaging

If you use XBI Connect:

• You acknowledge WhatsApp messaging is provided via the WhatsApp Business API
• You agree you are authorized to send messages to the recipients
• You will not use the Services to send unlawful, abusive, harassing, or spam messages

XBI Plus is not responsible for:

• WhatsApp service interruptions
• Meta/WhatsApp policy enforcement actions
• Delivery failures caused by carrier/WhatsApp restrictions

6. Location Data and Tracking

Certain Services may involve location tracking (e.g., precise GPS latitude/longitude) only when tracking is enabled.

Customer represents it has provided appropriate disclosures and obtained necessary permissions/consents from drivers/workforce where required by law.

7. Subscriptions, Fees, and Payment

7.1 Subscription Plans

Access to Services may require a paid subscription. Pricing, plan details, and billing terms will be provided in an order form, invoice, proposal, or subscription agreement.

7.2 Billing and Payment Processing

Billing and invoicing may be handled through QuickBooks or other billing providers.

You agree to pay all fees:

• On time
• In the currency stated
• Including applicable taxes (unless otherwise stated)

7.3 Late Payments

We may suspend Services for non-payment or late payment.

7.4 No Refunds (Default)

Unless required by law or stated otherwise in writing, fees are non-refundable.

8. Acceptable Use

You agree not to:

• Use the Services for unlawful purposes
• Interfere with or disrupt the Services
• Attempt unauthorized access to systems/accounts
• Reverse engineer, copy, or exploit the platform
• Upload malware, viruses, or malicious code
• Use the Services to violate labor laws, privacy laws, or workplace monitoring laws

9. Intellectual Property

The Services, platform, and all related software, content, branding, and designs are owned by XBI Plus or its licensors and protected by intellectual property laws.

XBI Plus grants you a limited, non-exclusive, non-transferable, revocable license to use the Services during your subscription term, solely for business purposes.

10. Third-Party Services

The Services may integrate with third-party services (e.g., WhatsApp Business API, hosting providers, analytics tools, billing systems).

XBI Plus is not responsible for third-party services and does not control their functionality, availability, or policies.

11. Service Availability; Changes

We may modify, update, or discontinue any part of the Services at any time.

We aim to keep the Services available but do not guarantee uninterrupted availability.

12. Termination

12.1 Termination by You

You may stop using the Services at any time. Subscription cancellations may take effect at the end of the billing period unless otherwise agreed.

12.2 Termination by Us

We may suspend or terminate access if:

• You violate these Terms
• You fail to pay fees
• Your use creates security/legal risk

13. Disclaimers

The Services are provided "as is" and "as available."

To the maximum extent permitted by law, XBI Plus disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

XBI Plus does not provide legal, safety, regulatory, or employment compliance advice. You are responsible for your own compliance obligations.

14. Limitation of Liability

To the maximum extent permitted by law:

• XBI Plus will not be liable for indirect, incidental, special, consequential, or punitive damages
• XBI Plus's total liability for any claim arising out of or relating to the Services will not exceed the amount paid by Customer to XBI Plus in the three (3) months preceding the event giving rise to the claim

15. Indemnification

You agree to indemnify and hold harmless XBI Plus from claims arising out of:

• Your use of the Services
• Your Customer Data
• Messages you send through WhatsApp
• Violations of law or third-party rights

16. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

Any dispute shall be brought in the state or federal courts located in Webb County, Texas, and you consent to jurisdiction and venue there.

17. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date will reflect changes. Continued use of the Services after changes means you accept the revised Terms.

18. Contact Information

XBI Plus LLC

Laredo, TX

United States

Phone: +1 (956) 659-0725

Email: support@xbiplus.com