OTR PERFORMANCE, INC. 

UNIFIED TERMS OF SERVICE 

Covering OTR Diagnostics and OTR Remote 

Last Updated: February 4, 2026 

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. 

By purchasing, installing, activating, subscribing to, accessing, or using any OTR Performance hardware, software, firmware, mobile application, website, cloud service, or support services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services and return any hardware under the return policy described in Section 20. 

ARBITRATION NOTICE AND CLASS ACTION WAIVER: 

These Terms contain a binding arbitration agreement and a class action waiver in Section 22 that affect your legal rights. You may opt out of arbitration within thirty (30) days of first accepting these Terms. 

TABLE OF CONTENTS 
 
 

1. Agreement to Terms 

2. Definitions 

3. Our Services 

4. Eligibility, Account Registration, and Security 

5. Order Forms, Purchases, and Installation 

6. License Grant; Intellectual Property; Feedback 

7. Acceptable Use Policy and Prohibited Conduct 

8. Critical Safety, Operational, and Vehicle Disclaimers 

9. Customer Responsibilities and Compliance Obligations 

10. Privacy; Data Protection; Location Data; Communications 

11. Customer Data Ownership; Data Rights; Data Retention 

12. Confidentiality 

13. Third-Party Services; App Stores; Connectivity 

14. Warranty Disclaimers 

15. Limitation of Liability 

16. Assumption of Risk 

17. Indemnification 

18. Emissions and Regulatory Compliance 

19. AI and Automated Guidance Disclaimers 

20. Hardware Warranties (OTR Diagnostics and OTR Remote) 

21. Subscription, Payment, Taxes, Auto-Renewal, Returns 

22. Dispute Resolution, Arbitration, and Class Action Waiver 

23. Governing Law; Venue; Jury Trial Waiver; Time Limits 

24. Export Compliance 

25. Service Modifications and Discontinuation 

26. Suspension; Term and Termination 

27. State-Specific Notices (Including California) 

8.1 Not a Substitute for Professional Service. You should have issues verified by a qualified technician before operating a Vehicle or performing repairs. 

8.2 Command Risks. Certain features may send commands to Vehicle systems. Improper use can cause Vehicle damage, fire hazards, safety malfunctions, voided warranties, or regulatory violations. You assume all risk associated with command use. 

8.3 Regeneration Safety. Forced regeneration can produce extremely high exhaust temperatures. Follow manufacturer guidance, ensure safe conditions, and never leave a Vehicle unattended during regeneration. 

8.4 Not for Real-Time Safety-Critical Applications. Do not rely on the Services for collision avoidance, emergency response, or any use where failure could cause death, serious injury, or severe property damage. 

8.5 GPS and Connectivity Limitations. GPS and cellular connectivity can be inaccurate or unavailable. Do not rely solely on location data for emergency response or safety-critical decisions. 

9. CUSTOMER RESPONSIBILITIES AND COMPLIANCE OBLIGATIONS 

9.1 Authorized Use. You will only install and use hardware on Vehicles you own, lease, or are authorized to equip. 

9.2 Driver and Employee Notices. If you use OTR Remote or other features to collect location or operational data from Vehicles operated by employees or contractors, you are solely responsible for providing legally required notices and obtaining consents, and for adopting and enforcing policies regarding acceptable use and privacy. 

9.3 Regulatory Compliance. You are responsible for complying with FMCSA, DOT, state transportation laws, environmental and emissions regulations, and privacy and employment laws applicable to your operations. 

9.4 Insurance. You are responsible for maintaining appropriate insurance. The Services are not insurance. 

9.5 No Reliance for Compliance. You acknowledge that compliance obligations (including hours of service compliance) remain your responsibility and cannot be delegated to the Services. 

10. PRIVACY; DATA PROTECTION; LOCATION DATA; COMMUNICATIONS 

10.1 Privacy Policy. Our Privacy Policy describes how we collect, use, and disclose personal information. The Privacy Policy is incorporated by reference. If there is a conflict, these Terms control for contractual issues and the Privacy Policy controls for privacy disclosures. 

10.2 Location Data. OTR Remote may collect GPS location data. You represent and warrant that you have all rights and consents to collect and process location data of Vehicles and drivers, including any workplace notice requirements. 

10.3 Security. We use reasonable administrative, technical, and physical safeguards, but no system is completely secure. 

10.4 Incident Notification. If we confirm unauthorized access to personal information within our control, we will provide notice as required by applicable law. 

10.5 Communications. You consent to receive service-related notices and communications electronically. Marketing communications are optional and may be managed through your preferences. 

11. CUSTOMER DATA OWNERSHIP; DATA RIGHTS; DATA RETENTION 

11.1 Ownership. You retain ownership of Customer Data. 

11.2 License to Process. You grant us a non-exclusive, worldwide, royalty-free right to host, process, transmit, and display Customer Data solely to provide, maintain, secure, and improve the Services, to comply with law, and to enforce these Terms. 

11.3 Aggregated and De-identified Data. We may create aggregated or de-identified data that cannot reasonably identify you or an individual. We own that aggregated or de-identified data. 

11.4 Retention and Export. We retain Customer Data while your account is active and for a limited period after termination (for example 90 days) to allow export, unless law requires longer retention. Backup copies may persist for a reasonable period. 

11.5 Data Requests. You may request an export or deletion as described in our Privacy Policy and applicable law. 

12. CONFIDENTIALITY 

12.1 Confidential Information. "Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or should reasonably be understood to be confidential, including pricing, product roadmaps, security information, and non-public technical information. 

12.2 Protection. Each party will protect the other party's Confidential Information using reasonable care and will not disclose it except to employees, contractors, and advisors with a need to know who are bound by confidentiality obligations. 

12.3 Exclusions. Confidential Information does not include information that is publicly available through no breach, independently developed, or rightfully received from a third party without duty of confidentiality. 

12.4 Required Disclosure. A party may disclose Confidential Information if required by law, subpoena, or court order, provided it gives notice where legally permitted and cooperates in seeking protective treatment. 

13. THIRD-PARTY SERVICES; APP STORES; CONNECTIVITY 

13.1 Third-Party Services. The Services may use or integrate third-party services (for example mapping, cellular carriers, payment processors). Those services are subject to third-party terms, and we are not responsible for third-party services. 

13.2 Cellular Connectivity. OTR Remote relies on cellular networks that may be unavailable or degraded. We do not guarantee coverage, speed, or availability. 

13.3 App Stores. If you download a mobile app from Apple App Store or Google Play, you also agree to applicable app store terms. Apple and Google are not responsible for the Services and are not parties to these Terms. 

13.4 Open Source. The Services may include open source components governed by separate licenses. To the extent an open source license requires, that license controls for that component. 

14. WARRANTY DISCLAIMERS 

14.1 AS IS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. 

14.2 No Warranty of Results. We do not warrant that the Services will be uninterrupted, error-free, secure, or meet your requirements, or that any diagnostic information or guidance will be accurate, complete, or reliable. 

14.3 Implied Warranties Disclaimed. To the maximum extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. 

14.4 Some jurisdictions do not allow certain disclaimers, so some may not apply to you. 

15. LIMITATION OF LIABILITY 

15.1 Exclusion of Certain Damages. To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost revenue, lost data, business interruption, or goodwill loss. 

15.2 Specific Exclusions. Without limiting the foregoing, we are not liable for Vehicle damage, breakdowns, accidents, injuries, cargo loss, regulatory fines, or claims by third parties arising from your use or inability to use the Services. 

15.3 Liability Cap. To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or related to the Services will not exceed the greater of: (a) fees you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred dollars (USD $100). 

15.4 Basis of Bargain. These limitations are an essential basis of the bargain. 

15.5 Jurisdictional Limitations. Some jurisdictions do not allow certain exclusions or limitations, so some may not apply. 

16. ASSUMPTION OF RISK 

You assume all risks associated with using the Services, including risks inherent in operating Vehicles, executing commands, relying on diagnostic information, AI guidance, GPS inaccuracy, and service interruptions. 

17. INDEMNIFICATION 

17.1 By You. You will indemnify, defend, and hold harmless OTR Performance and its affiliates, officers, directors, employees, agents, and licensors from and against claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your or your Authorized Users' use or misuse of the Services; (b) your breach of these Terms; (c) your violation of law; (d) your Customer Data, including allegations that Customer Data infringes or violates third-party rights; (e) installation, operation, or maintenance of Vehicles using the Services; and (f) claims by drivers, employees, contractors, or third parties related to location tracking, monitoring, or notices/consents. 

17.2 Process. We will provide notice of a claim and allow you to control the defense and settlement, except you may not settle in a way that imposes obligations on us without our written consent. 

18. EMISSIONS AND REGULATORY COMPLIANCE 

18.1 No Emissions Tampering. Federal and state laws prohibit tampering with emissions controls. You will not use the Services to delete, disable, remove, or circumvent emissions systems, install defeat devices, or otherwise violate emissions laws. 

18.2 Termination. We may immediately terminate access for suspected emissions tampering or unlawful use. 

18.3 California. If you operate in California, you are responsible for compliance with California Air Resources Board (CARB) requirements. 

19. AI AND AUTOMATED GUIDANCE DISCLAIMERS 

19.1 Limitations. AI features may be incomplete or inaccurate and may not reflect your Vehicle configuration or current conditions. 

19.2 Professional Verification. Verify AI guidance with qualified technicians before acting. Do not rely on AI for safety-critical decisions. 

19.3 No Professional Relationship. We provide technology and information, not professional mechanical services. 

20. HARDWARE WARRANTIES (OTR DIAGNOSTICS AND OTR REMOTE) 

20.1 OTR Diagnostics Limited Lifetime Warranty. While you maintain an active paid Subscription for OTR Diagnostics, we warrant the OTR Link hardware against material defects for the life of the product for the original purchaser, subject to the exclusions below. 

20.2 OTR Remote Limited Hardware Warranty. We warrant OTR Remote hardware against material defects for two (2) years from delivery for the original purchaser, subject to the exclusions below. 

20.3 Remedy. Our sole obligation and your exclusive remedy under these warranties is, at our option, repair, replacement, or refund of the purchase price (or a pro-rated refund for OTR Remote during the warranty period). 

20.4 Exclusions. Warranties do not cover damage from misuse, improper installation, accident, theft, fire, flood, unauthorized modification, normal wear, cosmetic damage, or carrier/network issues. 

20.5 Warranty Claims. Contact support@otrperformance.com with proof of purchase and issue description. You may be required to return hardware. Failure to return replacement units may result in charges. 

21. SUBSCRIPTION, PAYMENT, TAXES, AUTO-RENEWAL, RETURNS 

21.1 Subscription Plans. Subscription plans, pricing, and included features are described at purchase and may change for future orders and renewals with notice as required by law. 

21.2 Payment Authorization. You authorize us and our payment processors to charge your chosen payment method for recurring fees, taxes, and other amounts due. 

21.3 Auto-Renewal. Unless you cancel before the renewal date, your Subscription renews automatically for successive periods of the same duration at the then-current rate. 

21.4 Renewal Notices and Price Changes. Where required by law, we will provide renewal reminders and advance notice of material price changes. Price changes apply at renewal. 

21.5 Cancellation. You may cancel through your account settings or by contacting support. Cancellation is effective at the end of the current billing period unless law requires otherwise. 

21.6 No Prorated Refunds. Except where required by law or expressly stated in a written refund policy, we do not provide prorated refunds for partial periods. 

21.7 Chargebacks and Collections. If you initiate a chargeback or payment reversal, we may suspend access while the dispute is resolved. You agree to reimburse us for chargeback fees and collection costs if the chargeback is invalid. 

21.8 Returns and Money-Back Guarantee. If offered, return windows and conditions apply to initial purchases and require hardware return in good condition. Shipping and handling may be non-refundable to the extent permitted by law. 

21.9 Taxes. You are responsible for all applicable taxes as described in Section 5.2. 

22. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. 

22.1 Informal Resolution. Before filing a claim, you agree to contact us at legal@otrperformance.com and allow thirty (30) days for informal resolution. 

22.2 Arbitration Agreement. Except for claims that may be brought in small claims court or for injunctive relief to protect intellectual property rights, you and OTR Performance agree to resolve disputes by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. 

22.3 Location and Procedures. Arbitration will occur in Macomb County, Michigan unless we agree otherwise or AAA rules require a different process. The arbitrator may award any relief available in court. 

22.4 Class Action Waiver. You and OTR Performance agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. 

22.5 Opt Out. You may opt out of arbitration within thirty (30) days of first accepting these Terms by sending notice to legal@otrperformance.com with subject "Arbitration Opt-Out" or by mail to OTR Performance, Inc., Attn: Legal - Arbitration Opt-Out, 51619 Industrial Dr, Macomb, MI 48042. Include your name, address, email, and a clear opt-out statement. 

22.6 Severability. If the class action waiver is found unenforceable, then the arbitration agreement will be unenforceable to that extent. The remainder of these Terms will remain in effect. 

22.7 Survival. This Section survives termination. 

23. GOVERNING LAW; VENUE; JURY TRIAL WAIVER; TIME LIMITS 

23.1 Governing Law. These Terms are governed by Michigan law, excluding conflict-of-laws rules, and the Federal Arbitration Act governs the arbitration agreement to the extent applicable. 

23.2 Venue. For disputes not subject to arbitration, the parties consent to exclusive jurisdiction in state and federal courts located in Macomb County, Michigan. 

23.3 Jury Trial Waiver. To the extent permitted by law and for claims not subject to arbitration, you and we waive the right to a jury trial. 

23.4 Time Limit. Any claim must be brought within one (1) year after the claim accrues, unless prohibited by applicable law. 

24. EXPORT COMPLIANCE 

You will comply with U.S. export laws and OFAC sanctions. You may not export or provide the Services to prohibited destinations, prohibited persons, or prohibited end uses. 

25. SERVICE MODIFICATIONS AND DISCONTINUATION 

We may modify, update, or discontinue the Services. If we discontinue a material paid feature, we may provide notice and, at our discretion, a pro-rated refund for prepaid fees for the discontinued portion, as required by law. 

26. SUSPENSION; TERM AND TERMINATION 

26.1 Suspension. We may suspend access for security reasons, non-payment, suspected fraud, unlawful activity, or violation of these Terms. 

26.2 Termination by You. You may terminate by canceling your Subscription and ceasing use. 

26.3 Termination by Us. We may terminate for breach, non-payment, unlawful use, or if required by law. 

26.4 Effect. Upon termination, your license ends and you must stop using the Services. Data retention and export are described in Section 11. 

27. STATE-SPECIFIC NOTICES (INCLUDING CALIFORNIA) 

27.1 California Privacy. If you are a California resident, you may have rights under the CCPA/CPRA as described in our Privacy Policy. 

27.2 California Consumer Complaints. Under California Civil Code Section 1789.3, California residents may contact the Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210. 

27.3 Other State Privacy Laws. Additional state privacy rights may apply depending on your residency and applicable law. See our Privacy Policy for details. 

28. ELECTRONIC COMMUNICATIONS; E-SIGN; SMS 

28.1 Electronic Communications. You consent to receive notices and communications electronically. 

28.2 E-SIGN. Your electronic acceptance of these Terms is binding and enforceable. 

28.3 SMS and Calls. If you opt in to receive text messages or calls, you consent to receive them at the number provided. Message and data rates may apply. You can opt out as described in the message program disclosures. 

29. GENERAL PROVISIONS 

29.1 Entire Agreement. These Terms, the Privacy Policy, and any Supplemental Terms are the entire agreement. 

29.2 Severability. If any provision is unenforceable, the remainder remains in effect. 

29.3 Waiver. Failure to enforce is not a waiver. 

29.4 Assignment. You may not assign without consent; we may assign freely. 

29.5 Force Majeure. Neither party is liable for delays due to events beyond reasonable control. 

29.6 No Third-Party Beneficiaries. Except as expressly stated, there are no third-party beneficiaries. 

29.7 Headings. Headings are for convenience only. 

29.8 No Agency. Nothing creates a partnership, agency, or employment relationship. 

30. PUBLICITY AND MARKETING 

With your consent, we may use your name, logo, and testimonial in marketing materials. You may withdraw consent by contacting marketing@otrperformance.com. 

31. CONTACT INFORMATION 

OTR Performance, Inc. 

51619 Industrial Dr 

Macomb, MI 48042 

United States 

Phone: (586) 799-4375 

Support: support@otrperformance.com 

ACKNOWLEDGMENT AND ACCEPTANCE 

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.