Version 1.0 — Effective Date: September 1, 2026
These Terms of Service (this "Agreement") are a binding contract between you ("Customer," "you," or "your") and Daystar Financial Services, a South Carolina, USA entity with a registered address of 211 N Main St, Unit 110, Simpsonville, SC 29681 ("IFTAEASY," "we," "us," or "our"). This Agreement governs your access to and use of the IFTAEASY software platform, web applications, driver portals, and cloud services (collectively, the "Services"), except to the extent that Customer has entered into an Order or separate agreement with IFTAEASY that expressly incorporates different terms, in which case those other terms will govern. IFTAEASY and Customer may be referred to herein collectively as the "Parties" or individually as a "Party."
THIS AGREEMENT TAKES EFFECT WHEN YOU CLICK "I ACCEPT", CREATE AN ACCOUNT, OR ACCESS OR USE THE SERVICES (THE "EFFECTIVE DATE"). BY DOING SO, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR A MOTOR CARRIER OR OTHER ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
MANDATORY ARBITRATION & CLASS ACTION WAIVER NOTICE:
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 13(b) (THE "ARBITRATION AGREEMENT") AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 13(c) (THE "CLASS ACTION/JURY TRIAL WAIVER") THAT REQUIRE, UNLESS CUSTOMER OPTS OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 13(b)(ii), THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS UNDER THE RULES OF THE INTERNATIONAL CHAMBER OF COMMERCE (ICC) IN GREENVILLE COUNTY, SOUTH CAROLINA TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
2. Access and Use
a. Provision of Access. Conditioned upon Customer's ongoing compliance with this Agreement and timely payment of Fees, IFTAEASY grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the Subscription Period solely for Customer's internal fleet management, fuel tax computation, and compliance recordkeeping.
b. Driver Portal Access. Customer may grant its authorized drivers access to the Driver Portal module to log GPS trips, record odometer readings, upload fuel receipts, and submit DVIR inspections. Customer remains solely responsible for managing driver access credentials and revoking access for terminated drivers.
c. Use Restrictions. Customer shall not:
d. Suspension. IFTAEASY reserves the right to immediately suspend access if: (i) Customer’s account is past due; (ii) there is a security threat or cyberattack against the Services; (iii) Customer’s use threatens platform stability; or (iv) IFTAEASY reasonably suspects unlawful or fraudulent activity.
3. Customer Responsibilities & Regulatory Disclaimers
a. Not a Government Agency; No Tax Filing Guarantee
CUSTOMER EXPRESSLY ACKNOWLEDGES THAT IFTAEASY IS AN INDEPENDENT SOFTWARE PLATFORM AND IS NOT A GOVERNMENT AGENCY, REVENUE DEPARTMENT, OR AFFILIATE OF THE INTERNATIONAL FUEL TAX ASSOCIATION, INC. (IFTA, INC.).
The Services provide automated calculation tools to assist carriers in preparing quarterly fuel tax reports. Customer retains the sole and exclusive legal responsibility for:
b. Audit Record Retention Obligation. Under the IFTA Articles of Agreement and governing regulations, carriers must retain all supporting documentation (including original fuel receipts, bills of lading, individual vehicle distance records (IVDRs), ELD logs, and route summaries) for a minimum period of four (4) years from the date the tax return was due or filed. While IFTAEASY offers cloud storage and PDF export features, Customer is solely responsible for exporting and archiving backup copies of all tax returns, fuel receipts, and trip logs necessary to satisfy state and provincial audit standards.
c. Verification of OCR & Automated Scans. The Services utilize AI Tools and OCR technology to parse fuel receipt images and quarterly ELD mileage summaries. Optical recognition may be affected by image clarity, glare, receipt folds, or font irregularities. Customer and its Authorized Users are strictly required to visually inspect and verify all scanned numbers (gallons/liters, purchase dates, fuel types, state jurisdictions, and dollar totals) prior to certifying and finalizing quarterly calculations.
d. Driver GPS Telemetry and Safety. The Driver Portal includes live GPS route tracking to calculate interstate mileage splits. Customer acknowledges that:
e. DVIR & Vehicle Inspection Records. DVIR tools within the Services are designed to record pre-trip and post-trip vehicle inspections under FMCSA 49 CFR Part 396 standards. Customer is solely responsible for reviewing defect reports, executing required mechanical repairs before dispatching equipment, and maintaining certified maintenance logs as required by law.
4. Support
IFTAEASY will provide standard technical support for the Services during normal business hours (Monday through Friday, 9:00 AM – 5:00 PM Eastern Time, excluding US federal holidays) via designated in-app support channels and email at support@iftaeasy.com.
5. Fees and Payment
a. Subscription Fees. Customer agrees to pay the subscription and usage fees specified in the Order. Unless otherwise stated, all fees are non-refundable and billed in advance on a recurring monthly or annual basis.
b. Late Payments. Past due amounts are subject to a late charge of 1.5% per month (or the maximum permitted by law), plus all reasonable costs and legal fees incurred in collecting overdue balances.
c. Taxes. Stated fees are exclusive of applicable sales, use, excise, or value-added taxes, which will be charged where legally required.
d. EU/UK Consumer Cancellation Waiver. If Customer is accessing the Services as a consumer located in the EU or UK, Customer acknowledges that by subscribing and initiating use of the Services, Customer requests immediate performance and expressly waives the 14-day statutory right of withdrawal.
6. Confidential Information
a. Scope. "Confidential Information" includes all non-public technical, financial, operational, and customer data disclosed by one Party to the other. Confidential Information does not include information that is publicly known, already in the receiving Party’s possession without breach, or independently developed.
b. Obligations. Each Party shall protect the other Party’s Confidential Information with the same degree of care it uses for its own confidential records (and at least reasonable care) and shall not disclose such information to third parties except to employees and contractors who have a need to know under binding confidentiality terms.
7. Data Privacy and Security
a. Privacy Policy. Information collected through the Services is handled in accordance with our Privacy Policy available at https://IFTAEASY.com/privacy.
b. Customer Data Ownership. As between the Parties, Customer retains all right, title, and ownership in and to all Customer Data. Customer grants IFTAEASY a limited license to host, process, reproduce, and transmit Customer Data solely to provide, maintain, and secure the Services.
c. AI Model Training Protection. IFTAEASY will not use Customer Data, driver routes, or scanned fuel receipts to train, fine-tune, or improve public third-party foundational machine learning models without Customer’s explicit prior written consent.
8. Intellectual Property & Feedback
a. Ownership. IFTAEASY and its licensors retain all rights, title, and interest in and to the IFTAEASY IP, including all software architectures, user interfaces, calculation matrices, and trademarks.
b. Feedback. Any suggestions, enhancement requests, or feedback provided by Customer regarding the Services may be freely used and incorporated by IFTAEASY without compensation or attribution.
9. Warranties and Disclaimers
a. Mutual Warranty. Each Party represents that it has the legal power and authority to enter into this Agreement.
b. Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED HEREIN, THE SERVICES, IFTAEASY IP, AND ALL AI TOOLS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IFTAEASY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IFTAEASY DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR THAT TAX CALCULATIONS WILL GUARANTEE AUDIT EXEMPTION BY TAXING AUTHORITIES.
10. Indemnification
a. By IFTAEASY. IFTAEASY shall defend and indemnify Customer against direct losses arising from a third-party claim that the core IFTAEASY software infringes a valid US copyright or trade secret, provided Customer gives prompt notice, permits IFTAEASY to control the defense, and cooperates in full.
b. By Customer. Customer shall defend and indemnify IFTAEASY and its officers, directors, and employees against any third-party claims, penalties, or damages resulting from: (i) Customer Data; (ii) Customer’s failure to pay official taxes or timely file with government agencies; (iii) motor vehicle accidents or safety violations involving Customer's drivers or equipment; or (iv) Customer's breach of this Agreement.
11. Limitations of Liability
EXCEPT FOR A PARTY’S BREACH OF CONFIDENTIALITY, INDEMNIFICATION OBLIGATIONS, OR GROSS NEGLIGENCE/WILLFUL MISCONDUCT:
(A) NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOST TAX CREDITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR AUDIT PENALTIES, REGARDLESS OF THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY THEREOF; AND
(B) IN NO EVENT SHALL EITHER PARTY’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO IFTAEASY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Term and Termination
a. Term. This Agreement begins on the Effective Date and continues for the Subscription Period, renewing automatically for successive monthly or annual terms unless either Party provides written notice of non-renewal at least thirty (30) days prior to the end of the current term.
b. Termination for Cause. Either Party may terminate upon written notice if the other Party materially breaches this Agreement and fails to cure such breach within thirty (30) days of receiving notice.
c. Effect of Termination. Upon termination, Customer’s access rights cease immediately. Customer may request an export of its Customer Data within thirty (30) days of termination, after which IFTAEASY may delete stored records in accordance with its retention policies.
13. Governing Law, Arbitration and Class Action/Jury Waiver
a. Governing Law
Customer agrees that: (a) the Services will be deemed solely based in the State of South Carolina; and (b) the Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than South Carolina. This Agreement will be governed by the internal substantive laws of the State of South Carolina, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law governing this Agreement, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, "FAA") governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by applicable laws and regulations. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where Customer resides (if applicable) or the jurisdiction mutually agreed upon in writing by the Parties. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Customer agrees to submit to the exclusive personal jurisdiction of the federal and state courts located in South Carolina for any actions for which IFTAEASY retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of data security, Confidential Information, or intellectual property rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. Customer agrees that South Carolina is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable. This Agreement was drafted in the English language and this English language version of the Agreement is the original, governing instrument of the understanding between the Parties. In the event of any conflict between the English version of this Agreement and any translation, the English version will prevail.
b. Arbitration Agreement
i. General. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH CUSTOMER CAN SEEK RELIEF FROM IFTAEASY. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between the Parties that arises out of or relates to, directly or indirectly: (i) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Services; or (iv) any other aspect of Customer's relationship or transactions with IFTAEASY, directly or indirectly, as a user or consumer (each, a "Claim," and, collectively, "Claims"). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after Customer's consent to this Agreement.
ii. Opting Out of Arbitration Agreement. If you are a new customer, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting this Agreement by emailing IFTAEASY at legal@iftaeasy.com with your full, legal name (or the name of the organization that you had the legal authority to bind to this Agreement if you entered this Agreement for an organization) and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of this Agreement, including the provisions regarding controlling law or the courts in which any disputes must be brought.
iii. Dispute-Resolution Process. For any Claim, Customer will first contact IFTAEASY at legal@iftaeasy.com and attempt to resolve the Claim with IFTAEASY informally. In the unlikely event that the Parties have not been able to resolve a Claim after sixty (60) days, the Claim shall be finally settled under the Rules of Arbitration ("Rules") of the International Chamber of Commerce ("ICC") by one or more arbitrators (each, an "Arbitrator") appointed in accordance with such Rules. The place of arbitration shall be: (a) Greenville County, South Carolina in the United States or any other jurisdiction, in each case unless the Parties agree otherwise. If Customer is using the Service for commercial purposes, each party will be responsible for paying any ICC filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses. If Customer is an individual using the Services for non-commercial purposes: (i) ICC may require Customer to pay a fee for the initiation of a case; (ii) the award rendered by the Arbitrators may include Customer's costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses; and (iii) Customer may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve Customer of any commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrators may be entered in any court of competent jurisdiction. The Parties agree that the Arbitrators, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement is, or whether any provision hereof, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
iv. Equitable Relief. Nothing in this Arbitration Agreement will be deemed as: preventing IFTAEASY from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of IFTAEASY's data security, confidential information, or intellectual property rights; or preventing Customer from asserting claims in a small claims court, provided that Customer's claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-collective, and non-representative) basis.
v. Severability. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the Parties' ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent Customer from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the Parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
c. Class Action/Jury Trial Waiver
By entering into this Agreement, each Party is waiving the right to a trial by jury or to bring, join, or participate in any purported class action, collective action, private attorney general action, or other representative proceeding of any kind as a plaintiff or class member. The foregoing applies to all users (both natural persons and entities), regardless of whether Customer has obtained or used the service for personal, commercial, or other purposes. This class action/jury trial waiver applies to class arbitration, and, unless the Parties agree otherwise, the Arbitrators may not consolidate more than one person's or entity's claims. The Parties agree that the Arbitrators may award relief only to an individual claimant and only to the extent necessary to provide relief on Customer's individual claim(s). Any relief awarded may not affect other users.
14. Miscellaneous
a. Entire Agreement. This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: (i) first, this Agreement; and (ii) second, any other documents incorporated herein by reference.
b. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") must be in writing and addressed to the Parties at the addresses set forth on the first page of this Agreement or as identified on the Order Form (or to such other address that may be designated by the Party giving Notice from time to time in accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized signed for on delivery courier (with all fees pre-paid), or email (with confirmation of transmission). All email Notices to IFTAEASY must be sent to legal@iftaeasy.com. Except as otherwise provided in this Agreement, a Notice is effective only: (i) upon receipt by the receiving Party; and (ii) if the Party giving the Notice has complied with the requirements of this Section 14(b). Notwithstanding the foregoing, Customer hereby consents to receiving electronic communications from IFTAEASY, which may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Services. Customer agrees that any notices, agreements, disclosures, or other communications that IFTAEASY sends to Customer electronically will satisfy any legal communication requirements, including that such communications be in writing.
c. Force Majeure. In no event shall either Party be liable to the other Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement (except for any obligations to make payments), if and to the extent such failure or delay is caused by any circumstances beyond such Party's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
d. Amendment and Modification. IFTAEASY may change this Agreement (except for any Orders) from time to time at its discretion. The date on which the Agreement was last modified will be updated at the top of this Agreement. IFTAEASY will provide Customer with reasonable notice prior to any amendments or modifications taking effect, either by emailing the email address associated with Customer's account on the Services or by another method reasonably designed to provide notice to Customer. If Customer accesses or uses the Services after the effective date of the revised Agreement, such access and use will constitute Customer's acceptance of the revised Agreement beginning at the next Renewal Subscription Period or, if Customer enters into a new Order with IFTAEASY, as of the date of execution of such Order.
e. Waiver. No failure or delay by either Party in exercising any right or remedy available to it in connection with this Agreement will constitute a waiver of such right or remedy. No waiver under this Agreement will be effective unless made in writing and signed by an authorized representative of the Party granting the waiver.
f. Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
g. Assignment. Customer may not assign any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of IFTAEASY. Any purported assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve the assigning or delegating Party of any of its obligations hereunder. This Agreement is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns.
h. Export Regulation. The Services utilize software and technology that may be subject to US export control laws, including the US Export Administration Act and its associated regulations. Customer shall not, directly or indirectly, export, re-export, or release the Services or the underlying software or technology to, or make the Services or the underlying software or technology accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. Customer shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services or the underlying software or technology available outside the US.
i. US Government Rights. Each of the Documentation and the software components that constitute the Services is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if Customer is an agency of the US Government or any contractor therefor, Customer only receives those rights with respect to the Services and Documentation as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government users and their contractors.
j. Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Section 2(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
k. Publicity. IFTAEASY may identify Customer as a user of the Services and may use Customer's name, logo, and other trademarks in IFTAEASY's customer list, press releases, blog posts, advertisements, and website (and all use thereof and goodwill arising therefrom shall inure to the sole and exclusive benefit of Customer). Otherwise, neither Party may use the name, logo, or other trademarks of the other Party for any purpose without the other Party's prior written approval.
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