Terms of Service
**Last Updated: March 6, 2026**
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These Terms of Service ("Terms") govern your access to and use of the website, platform, software, products, and services (collectively, "Services") provided by Tank Payments, Inc., a corporation organized under the laws of the State of [STATE — TO BE FILLED IN] ("Tank Payments," "we," "our," or "us").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you may not use our Services.
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## 1. Eligibility
You must be at least 18 years of age and have the legal authority to enter into contracts on behalf of yourself or the business entity you represent. By using the Services, you represent and warrant that you meet these requirements.
Our Services are intended for businesses operating in the freight, logistics, and transportation industry, including freight carriers, factors, brokers, and platforms. Consumer use is not supported.
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## 2. Account Registration
To access certain features, you must register for an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain and promptly update your account information.
- Keep your login credentials confidential and not share them with third parties.
- Notify us immediately of any unauthorized use of your account at support@tankpayments.com.
You are responsible for all activity that occurs under your account, whether or not authorized by you.
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## 3. Services Description
Tank Payments provides financial infrastructure for the freight industry, including:
- **Payables Automation:** Automated carrier payment processing integrated with TMS/FMS platforms including FactorView, FactorSoft, FactorCloud, FactorFox, and Descartes Aljex.
- **Receivables Automation:** AI-assisted collections management and accounts receivable processing.
- **Banking and Digital Wallet:** Business financial accounts, instant funding, and money movement for freight carriers.
- **Driver Pay:** 24/7 payment disbursement to drivers via the Tank Payments card and account.
- **Fuel Card Manager:** Fleet fuel spend monitoring, fraud alerts, and fuel card management via Visa network.
- **Connect Payables:** Payment routing and AP automation for factors, brokers, and platforms.
Service availability and specific features may vary based on your account type and applicable agreements.
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## 4. Fees and Payment
Certain Services are subject to fees. Applicable pricing, fee structures, billing cycles, and payment terms will be disclosed to you:
- On the relevant Service page at the time of enrollment, or
- In a separate written agreement or order form executed between you and Tank Payments.
By enrolling in a fee-based Service, you authorize Tank Payments to charge the payment method on file according to the agreed billing terms. All fees are in U.S. dollars. Fees are non-refundable unless otherwise stated in writing.
Tank Payments reserves the right to modify fees upon 30 days' written notice. Continued use after the effective date of a fee change constitutes acceptance.
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## 5. Acceptable Use
You agree to use the Services only for lawful business purposes. You may not:
- Use the Services to process payments for illegal goods or services.
- Attempt to circumvent fraud detection or identity verification controls.
- Reverse engineer, decompile, or attempt to extract source code from the platform.
- Use automated scripts or bots to access the Services without written authorization.
- Impersonate any person or entity or misrepresent your affiliation.
- Violate any applicable local, state, federal, or international law or regulation, including those governing financial services, money transmission, and anti-money laundering (AML).
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## 6. Third-Party Payment Processors and Banking Partners
Tank Payments integrates with third-party payment processors and banking partners, including Stripe and Visa network partners, to facilitate payment services. Your use of these integrations is subject to their respective terms and privacy policies in addition to these Terms. Tank Payments is not responsible for the acts or omissions of third-party providers.
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## 7. Intellectual Property
All content, trademarks, logos, designs, software, and technology on the Tank Payments platform are the property of Tank Payments, Inc. or its licensors and are protected by U.S. and international intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes. You may not copy, modify, distribute, sell, or sublicense any part of the Services without prior written consent.
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## 8. User Data and Privacy
Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our collection and use of data as described in the Privacy Policy.
You retain ownership of any data you submit to the platform. You grant Tank Payments a limited license to use that data solely to provide, operate, and improve the Services.
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## 9. Confidentiality
Each party agrees to keep confidential any non-public information received from the other party in connection with these Terms, and not to disclose such information to third parties without prior written consent, except as required by law.
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## 10. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TANK PAYMENTS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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## 11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TANK PAYMENTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO TANK PAYMENTS IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.
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## 12. Indemnification
You agree to indemnify, defend, and hold harmless Tank Payments and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your violation of applicable law.
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## 13. Term and Termination
These Terms remain in effect for as long as you use the Services. Tank Payments may suspend or terminate your access at any time for violation of these Terms, fraudulent activity, or as required by law, with or without notice.
Upon termination, your right to use the Services ceases immediately. Sections 7, 9, 10, 11, 12, and 14 survive termination.
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## 14. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of [STATE — TO BE FILLED IN], without regard to conflict-of-law principles.
Any dispute arising from or relating to these Terms or the Services shall first be submitted to good-faith negotiation. If unresolved within 30 days, disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with proceedings conducted in [CITY, STATE — TO BE FILLED IN].
You waive any right to participate in class-action lawsuits or class-wide arbitration.
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## 15. Modifications to These Terms
Tank Payments may update these Terms at any time. We will post the updated Terms on our website and revise the "Last Updated" date. For material changes, we will provide at least 30 days' notice via email or prominent site notice. Continued use after the effective date constitutes acceptance.
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## 16. Miscellaneous
- **Entire Agreement:** These Terms, together with the Privacy Policy and any applicable order forms, constitute the entire agreement between you and Tank Payments regarding the Services.
- **Severability:** If any provision is found unenforceable, the remaining provisions continue in full force.
- **No Waiver:** Failure to enforce any provision does not constitute a waiver of future enforcement.
- **Assignment:** You may not assign these Terms without written consent. Tank Payments may assign them in connection with a merger or acquisition.
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## 17. Contact Us
For questions about these Terms:
**Tank Payments, Inc.**
[PHYSICAL ADDRESS — TO BE FILLED IN]
Email: legal@tankpayments.com
Phone: [PHONE NUMBER — TO BE FILLED IN]