These terms apply to use of the ERETH ELD device (ELD ID: ERS238) and the ERETH fleet portal. For ESSE Inc.'s full corporate terms, visit esseinc.com/terms.
By installing, activating, or using the ERETH ELD device (FMCSA ELD Registration ID: ERS238) or accessing the ERETH fleet portal, you ("Carrier" or "User") agree to be bound by these Terms of Service. If you do not agree, you must discontinue use immediately and return the device to ESSE Inc.
The ERETH ELD device (hardware identifier ERS238) is licensed for use in commercial motor vehicles subject to the FMCSA Electronic Logging Device mandate under 49 CFR Part 395. The device must be:
Tampering with, disabling, bypassing, or attempting to alter the ELD device or its data records is a violation of federal law (49 CFR Part 395) and these Terms. Violations may result in immediate service termination and reporting to FMCSA.
The motor carrier is solely responsible for:
Motor carriers own their fleet's ELD data and driver Hours of Service records generated through the ERETH ELD system. ESSE Inc. retains a limited license to store, process, and transmit this data solely for the purpose of providing the ELD service and complying with FMCSA requirements. ESSE Inc. does not sell carrier or driver data to third parties.
ESSE Inc. targets 99.9% uptime for the ERETH ELD portal and cloud services. Planned maintenance windows will be communicated in advance where possible. In the event of a service outage, drivers must follow FMCSA unidentified malfunction procedures as documented in the ERETH ELD User Manual.
ESSE Inc. is not liable for HOS violations, enforcement actions, or fines resulting from device malfunctions, connectivity outages, or improper use of the ELD system.
Subscription fees, device fees, and payment terms are governed by the separate carrier service agreement executed between the carrier and ESSE Inc. Failure to pay may result in suspension of portal access. ELD hardware returns and refund eligibility are governed by that agreement.
To the maximum extent permitted by applicable law, ESSE Inc.'s total liability for any claims arising out of or related to the ERETH ELD service shall not exceed the total fees paid by the carrier in the three (3) months preceding the claim. ESSE Inc. is not liable for indirect, incidental, special, or consequential damages.
Carrier agrees to indemnify and hold harmless ESSE Inc. and its officers, employees, and agents from any claims, damages, or expenses (including legal fees) arising from: (a) Carrier's violation of these Terms; (b) Carrier's non-compliance with FMCSA regulations; or (c) Carrier's misuse of the ERETH ELD device.
ESSE Inc. may terminate or suspend access to the ERETH ELD service immediately upon: (a) Evidence of device tampering; (b) Non-payment after notice; (c) Violation of these Terms or applicable law. Upon termination, carriers must return ELD hardware and will receive an export of their ELD data.
These Terms are governed by the laws of the State of Ohio, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Ohio. The parties consent to the personal jurisdiction of such courts.
For questions about these Terms: