These terms apply to use of the ERETH ELD device (ELD ID: ERS238) and the ERETH fleet portal. For ERETH ELD's full corporate terms, visit eretheld.com/terms.html.
1. Acceptance of 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 ERETH ELD
2. Device Usage Agreement
2.1 Authorized Use
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:
- Installed and operated in accordance with FMCSA-approved installation guidelines
- Used only in vehicles for which the carrier holds valid operating authority
- Operated by drivers who have completed ELD training as required by 49 CFR 395.8
2.2 No Tampering
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.
- Do not disconnect or damage the ELD hardware or engine diagnostic port connection
- Do not alter ELD records except through certified driver annotation procedures
- Do not install software that interferes with ELD data transmission
3. Carrier Responsibilities
The motor carrier is solely responsible for:
- Ensuring full compliance with 49 CFR Part 395 and all applicable FMCSA regulations
- Training drivers on proper ELD operation and Hours of Service rules
- Maintaining a functioning ELD in each regulated commercial motor vehicle
- Providing drivers with access to their own ELD records for review
- Retaining ELD records for the minimum regulatory period (6 months on ELD, 6 months off)
- Resolving any HOS violations or compliance discrepancies identified by the system
4. Data Ownership
Motor carriers own their fleet's ELD data and driver Hours of Service records generated through the ERETH ELD system. ERETH ELD 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. ERETH ELD does not sell carrier or driver data to third parties.
5. Service Availability
ERETH ELD 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.
ERETH ELD is not liable for HOS violations, enforcement actions, or fines resulting from device malfunctions, connectivity outages, or improper use of the ELD system.
6. Fees and Billing
Subscription fees, device fees, and payment terms are governed by the separate carrier service agreement executed between the carrier and ERETH ELD Failure to pay may result in suspension of portal access. ELD hardware returns and refund eligibility are governed by that agreement.
7. Limitation of Liability
To the maximum extent permitted by applicable law, ERETH ELD'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. ERETH ELD is not liable for indirect, incidental, special, or consequential damages.
8. Indemnification
Carrier agrees to indemnify and hold harmless ERETH ELD 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.
9. Termination
ERETH ELD 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.
10. Governing Law and Jurisdiction
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.
11. Third-Party API Integrations (Highway API)
ERETH ELD provides a public REST API (base URL: https://eretheld.com/admin-panel/api/v1) that allows authorized third-party logistics platforms, TMS providers, and compliance software to access carrier ELD data. Access to this API is governed by the following terms:
- API access requires a valid Bearer token issued to the carrier by ERETH ELD
- API consumers may only access data belonging to the carrier for which the token was issued
- Carriers are responsible for revoking API tokens when a third-party integration is discontinued
- ERETH ELD logs all API requests for security and compliance auditing purposes
- API data may not be resold, redistributed, or used for purposes beyond ELD compliance and fleet management
- Rate limits and fair-use policies apply; abusive API usage may result in token revocation
By obtaining an API key, the carrier authorizes the named third-party integration to access their fleet's ELD data via the ERETH API under these terms.
12. Contact
For questions about these Terms:
- Email: info@eretheld.com
- Email: support@eretheld.com
- Full terms: eretheld.com/terms.html