Shield - Terms and Conditions
Effective Date: April 28, 2025
These Terms and Conditions (the “Terms”) govern the use of the Service, which validates the successful transmission of Records of Duty Status (RODS) (the “Service”), provided by us, Commercial Driver Technology Inc. (“CDT,” “we,” “us,” “our”). All references to CDT in these Terms includes our representatives, employees, agents, contractors, sub-contractors, directors, officers, subsidiaries, affiliates, shareholders, and licensees.
By accessing or using our Service, you (the “User,” “you,” “your”) agree to be bound by these Terms.
1. Eligibility and Use
The Service is exclusively designed for use with Canadian Electronic Logging Device (ELD) records.
2. Service Description
The Service is a web-based service for reviewing and validating the conformity of Records of Duty Status (RODS) files against applicable legal and technical standards. This includes, but is not limited to:
- Validation of successful transmission of RODS files.
- Verification of conformity of encryption, and
- Reporting on conformity to the User.
Note: CDT is not a government agency. The Service is solely a training tool and does not constitute an official compliance determination or submission for roadside inspection.
3. User Responsibilities
By accessing or utilizing the Service, you agree to:
- Ensure all submitted files are lawfully obtained,
- Pay all fees, plus all applicable taxes, charges, fees, levies, interest, penalties, or other assessments charged by CDT in respect of the Service, as these amounts may change from time to time with advance notice by CDT,
- Maintain the confidentiality and accuracy of your account information, including passwords, credentials, or sensitive information attached to your account,
- Not do anything that would compromise or interfere with the functionality of the Service or with other’s use of the Service,
- Be ultimately liable for ensuring your own compliance to all legal requirements, and
- Not use the Service for any unlawful or malicious purpose, including but not limited to falsification of records or evasion of legal requirements.
4. Service Availability
The Service is available every day between 08:00 am and 8:00 pm (Eastern Time) subject to any planned or emergency maintenance or outages required in respect of the Service.
The average response time (notification time after receiving the RODS) is 60 minutes. You acknowledge that the response time provided herein is an estimate only, that you will not rely on this average response time for any purposes, and that CDT has no obligation to maintain this average response time.
5. Data Privacy and Security
We take reasonable measures to protect your data, but we cannot guarantee absolute security. By using our Service, you, the User, consent to our handling of data as follows:
- CDT does not retain information submitted as part of the Service,
- A system cleansing functionality erases received data upon completion of the validation, and
- The received files shall not be audited, nor disclosed or used for any other purposes except for those presented in Section 2, above, the Service Description.
6. Intellectual Property
The Service concept, all content, software, reasonably anonymized User data, and intellectual property on the website associated with the Service are owned by or licensed to CDT. They may not be copied, reproduced, modified, distributed, or have derivative works created without CDT’s prior written consent.
7. Disclaimers
- The Services are provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. We do not represent nor warrant that the Services will be uninterrupted, error-free, secure, accurate, or free of viruses or other harmful components. CDT expressly disclaims all implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.
- We do not warrant that the Services will meet your requirements or expectations, reasonable or otherwise, or that the results obtained from the Services will be accurate, reliable, or beneficial. You use the Services at your own risk and discretion.
- The Service is intended for informational and educational purposes only. Confirmation of a successful RODS file transfer does not constitute a statement of compliance for the ELD device nor does it imply compliance for the driver with hours-of-service regulations.
- No party shall be bound by any representation, warranty, undertaking, promise, or the like not recorded in these Terms.
- The Service is not intended for opening and reviewing RODS files.
8. Limitation of Liability
- To the fullest extent permitted by applicable Canadian law, CDT is not liable for and the User indemnifies, defends, and holds harmless CDT from and against all claims, damages, actions, causes of action, suits, judgments, costs (including legal costs on a solicitor and own client full indemnity basis), and expenses whatsoever suffered, brought against, or incurred by them arising from or in connection with the use of, or (reasonable or unreasonable) reliance on, the Service or any information made available through it (the “Losses”). These Losses can include, but are not limited to, direct, indirect, incidental, punitive, special, or consequential damages, loss of profits, data, business interruption, or other commercial or economic loss, regardless of CDT’s actual or constructive knowledge of such damages. In no event will our total liability to you for all claims arising from or relating to the Services exceed the amount of fees you have paid us for the Services in the past twelve months prior to the date on which the claim arose.
- Users of the Service accept full liability for any actions taken based on the content or functionality of the Service. The information and outputs provided are intended for general informational and educational purposes only and are not professional advice. Users are encouraged to seek independent legal, technical, or business counsel as appropriate.
- Nothing in this section shall exclude or limit any liability that cannot be excluded or limited under the law applicable in the Province of Alberta.
- This section shall continue indefinitely even if the User no longer accesses or uses the Service.
9. Modifications
We reserve the right to update these Terms at any time without prior notice to the users. Continued use of the Service after changes to these Terms constitutes your acceptance of the updated Terms.
10. Termination
We may suspend or terminate the User’s access to the Service at any time for actual or suspected violations of these Terms, actual or suspected illegal actions, or actual or suspected misuse at CDT’s sole and unfettered discretion and option.
You may terminate your Service at any time sent to CDT via email at: rc2025@comdriver.tech. Upon receipt of notice, CDT will cancel your Service within five business days, and any amounts paid prior to the date on which notice was given will not be refunded.
11. Force Majeure
In the event that any party are delayed or hindered in the performance of any act required herein by reason of strike, lock-outs, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, interruptions or disruptions in telecommunications networks, interruptions or disruptions in internet, or other reasons of a like nature not the fault of such party, then performance of such act shall be excused for the period of the delay. The period for performance of any such act shall be extended for a period equivalent to the period of such delay. The provisions of this section shall not operate to excuse the User from the prompt payment of all fees, plus all applicable taxes, charges, fees, levies, interest, penalties, or other assessments charged by and payable to CDT in respect of the Service pursuant to the provisions of these Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, without regard to conflict of laws principles. The User and CDT irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Alberta in respect of any matter arising in connection with the Service.
13. Severability
If at any time, any of the provisions in these Terms are found to be inconsistent or invalid under the applicable law, those provisions will be deemed void and removed from these Terms. All other provisions will not be affected by the removal and the remainder of these Terms shall be considered valid.
14. Notices
We may send any notices required under these Terms or as may be needed from time to time to the email address tied to the User’s account. Any notice sent via email, regardless the status of receipt or if the email address is deactivated, will be deemed immediately effective.
15. Language
It is the express wish of the User and CDT that these Terms and all related documents be drawn up and accepted in English only.
Privacy Policy for RODS Validation Service
Effective Date: April 28, 2025
This Privacy Policy explains how CDT ("we", "our", or "us") collects, uses, discloses, and protects your personal information and your data when you use our online Record of Duty Status (RODS) conformity validation service (the “Service”).
By using the Service, you signify your consent to the terms of this Privacy Policy. If you do not agree with any terms of this Privacy Policy, please do not use the Services or submit any personal information to us.
1. Purpose of Data Collection
The Service exists solely to validate the conformity of RODS submissions with applicable standards (e.g., FMCSA regulations). We do not audit, store, or analyze data for any purpose beyond immediate validation of RODS submissions in accordance with such standards or as otherwise described in this Privacy Policy.
2. Types of Data and Personal Information Collected
For the purpose of this Privacy Policy, "personal information" means any information about an identifiable individual, but does not include the name, title, business address, business telephone number, business fax number or business e-mail address of an employee of an organization if such information is collected, used or disclosed for the purposes of enabling the individual to be contacted in relation to the individual’s business responsibilities and for no other purpose.
We may collect personal information from you, including your name, your corporation, your phone number, your email address and any other personal information you choose to submit to us (collectively, your “Personal Information”), when you purchase the Service or contact us through email, telephone or otherwise.
We also collect non-personal information that does not directly identify you but may be associated with your device or browser, such as your IP address, device ID, browser type, operating system, language preference, location data, cookie data, or browsing activity on our website.
To perform the Service, we also temporarily collect, use and process driver information contained in the RODS submission, company information where applicable, including your company email and phone number (collectively, the “Service Information”).
We do not directly request your payment details or retain persistent identifiers in our records.
3. Data and Personal Information Usage
We use the Service Information to parse and validate RODS submissions for regulatory conformity, to provide you with a validation result or report, and to ensure we are maintaining and supporting the accurate delivery of our Services.We use your Personal Information to process payments, to provide you the Service, to respond to your inquiries and for any other purpose that is permitted by applicable law or to which you otherwise consent. We may transfer Personal Information to third party service providers that assist us with carrying out these purposes.
We use non-personal information to monitor and improve the quality of our services, to maintain our records, to troubleshoot and resolve technical issues, and to better understand how visitors access the Service and our website.
We do not use your Personal Information or Service Information for profiling or analytics.
We also do not share your Personal Information or Service Information with third parties unless required or permitted by the law or a court order.
4. Data Retention
All submitted Service Information is automatically deleted from our systems within 72 hours of receipt. Validation reports generated may be available to you within this window, after which all Service Information (including any validation reports) is permanently and irretrievably deleted. No backups, archives, or audit logs of submission content are maintained beyond the above period for your Service Information.
All submitted Personal Information and non-personal information is retained as long as is necessary to provide you with the Services and fulfill the purposes in this Privacy Policy. We may also keep your Personal Information and non-personal information for longer periods if required or permitted by law or professional standards, such as for tax, accounting, legal, or audit purposes.
5. Data Security
We implement commercially reasonable technical and organizational safeguards to protect your data and Personal Information during transmission and storage, including:
- Using encrypted data transfer (HTTPS/TLS);
- Implementing access controls and policies to limit who can access your information and for what purposes;
- Applying data purging policies and procedures;
6. Third-Party Access
We do not sell or rent your Personal Information or Service Information to third parties. We only share your Personal Information or Service Information (if it has not already been deleted) with authorized personnel during the brief processing window or for support or maintenance purposes. We may share your Personal Information or Service Information with third party service providers in connection with fulfilling the purposes set out in this Privacy Policy or with other third parties when required or permitted by the law or a court order.
7. User Rights
You have a right to access your Personal Information and to request a correction to it if you believe it is inaccurate. We may require you verify your identity before allowing you to access your personal information. As we do not retain any Service Information beyond 72 hours, most rights under typical privacy regulations (e.g., data access, correction, deletion) are inherently fulfilled by this design. However, you may contact us at rc2025@comdriver.tech with any concerns.
8. Changes to This Policy
We may update this Privacy Policy at any time as needed, in our discretion, to reflect changes in legal requirements or service functionality. Updates will be posted on this page with a revised effective date. We suggest that you periodically consult this Privacy Policy. Your continued use of the Services after any such changes constitutes your acceptance of this Privacy Policy, as revised.
9. Governing Law
This Privacy Policy shall be governed by and construed in accordance with the laws of the Province of Alberta, without regard to conflict of laws principles. You and CDT irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Alberta in respect of any matter arising in connection with the Service.
Contact Us
If you have any questions or concerns about this policy, please contact us at:
CDT Privacy Officer
Email: privacy@comdriver.tech
Address: COMDriver Tech – Sherwood Park, AB, Canada.