Terms of Service

These Terms of Service (“Terms”) constitute an agreement between you and SmallBoard.com, located at 30 S. San Gabriel Blvd., Suite 201, Pasadena, California 91107, United States. SmallBoard.com operates OnPointSolution.ai and the OnPoint Smart Mobility service.

In these Terms, “SmallBoard,” “OnPoint,” “we,” “us,” and “our” refer to SmallBoard.com.

These Terms govern your access to and use of the OnPoint Smart Mobility mobile application, OnPointSolution.ai websites, APIs, dashboards, fleet-management platform, support services, and related functionality, collectively referred to as the “Service.”

Please read these Terms carefully. By downloading, accessing, or using the Service, you agree to these Terms. If you do not agree, do not access or use the Service.

OnPoint Smart Mobility is a business-to-business fleet-management service. It is intended for authorized personnel of businesses and other organizations that operate or manage vehicles.

For these Terms:

Customer

A business or organization that has obtained access to the Service.

Authorized User

An administrator, fleet manager, dispatcher, driver, employee, contractor, or other person whom a Customer authorizes to use the Service.

Customer Data

Information submitted to, collected through, or processed by the Service on behalf of a Customer.

Customer Agreement

Any master services agreement, order form, data-processing agreement, statement of work, or other written agreement between SmallBoard and a Customer.

If these Terms conflict with an applicable Customer Agreement, the Customer Agreement will control for that Customer.

These Terms do not replace contractual provisions governing the Customer’s subscription, fees, implementation, data-processing instructions, service levels, or commercial relationship with SmallBoard.

You may use the Service only if:

• You are legally capable of agreeing to these Terms;
• A Customer has authorized your access;
• You use the Service for legitimate business purposes;
• You provide accurate account information; and
• Your use complies with applicable laws, Customer policies, and these Terms.

If you access the Service on behalf of a Customer, you represent that you are authorized to use the features, fleets, vehicles, and information assigned to you.

The Service is not directed to children. Accounts must not be created for children unless SmallBoard and the Customer have expressly approved a legally compliant use case.

Accounts are generally created or invited by an authorized Customer administrator or through OnPoint customer onboarding. Individual users do not pay a fee to create an account.

You are responsible for:

• Protecting your username, password, verification codes, and devices;
• Not sharing credentials with another person;
• Maintaining accurate account information;
• Accessing only the Customer, fleet, vehicles, and features assigned to you;
• Promptly reporting suspected unauthorized access; and
• Signing out of devices you no longer control.

Customer administrators may add, modify, suspend, or remove Authorized Users. They may also control roles, permissions, fleet assignments, and access to features.

SmallBoard may suspend access when it reasonably believes an account has been compromised, misused, or presents a security, legal, or safety risk.

Subject to these Terms and any applicable Customer Agreement, SmallBoard grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service for authorized internal business purposes.

The Service and mobile application are licensed, not sold.

You may not:

• Copy, sell, lease, sublicense, distribute, or commercially exploit the Service;
• Reverse engineer, decompile, disassemble, or attempt to derive its source code, except where applicable law expressly permits;
• Bypass authentication, role-based access, tenant separation, security controls, or usage limits;
• Access another Customer’s information;
• Scrape, harvest, or bulk-export information except through an authorized feature;
• Probe or test the Service for vulnerabilities without written permission;
• Introduce malware or harmful code;
• Interfere with the operation of the Service;
• Use the Service to develop a competing product; or
• Remove copyright, trademark, ownership, or attribution notices.

Features available through the Service depend on the Customer’s configuration, service plan, vehicle integrations, geographic location, and the Authorized User’s assigned role.

Features may include:

• Fleet and vehicle information;
• Vehicle location and operating status;
• Trip planning, assignments, routes, and progress;
• Driver and vehicle records;
• Safety and driving-event information;
• Geofences and related events;
• Vehicle inspections and DVIR records;
• Maintenance and diagnostic information;
• Fuel and electric-vehicle information;
• Alerts and notifications;
• Operational reports, scores, forecasts, and recommendations;
• Remote vehicle commands where separately enabled; and
• Other fleet-management functionality.

SmallBoard does not guarantee that every feature will be available for every Customer, vehicle, user, device, operating system, manufacturer, or telematics provider.

Vehicle and fleet information may be obtained from connected vehicles, vehicle manufacturers, telematics devices, Customer systems, drivers, administrators, and authorized third-party providers.

Information may include:

• Vehicle identification numbers;
• Vehicle location;
• Mileage and engine hours;
• Fuel, charging, or battery information;
• Diagnostic and maintenance information;
• Trip and route information;
• Driver assignments;
• Safety and driving events;
• Inspection records;
• Photos and videos submitted as inspection evidence; and
• Related operational information.

Vehicle location may be associated with an assigned driver and may therefore constitute personal information.

The Customer is responsible for obtaining all necessary rights, permissions, notices, consents, and lawful bases to collect, provide, monitor, and use vehicle, driver, employee, and contractor information through the Service.

The Customer is responsible for complying with applicable employment, labor, privacy, surveillance, transportation, vehicle, and telematics laws.

SmallBoard processes personal information in accordance with the OnPoint Privacy Policy: Privacy Policy – OnPoint Solution

In many deployments, the Customer determines why and how driver, vehicle, trip, and workforce information is processed. In these situations, the Customer generally acts as the controller or business, and SmallBoard acts as its processor or service provider.

The Customer’s privacy notices, employee policies, driver notices, and consent requirements may also apply.

Authorized Users must not submit unnecessary personal, confidential, or sensitive information.

Vehicle locations displayed in the Service may come from connected vehicles, manufacturers, or Customer-authorized telematics providers. They do not necessarily represent the mobile-device location of the Authorized User.

Map positions, routes, traffic information, geocoding, estimated arrival times, and geographic boundaries may be delayed, incomplete, or inaccurate.

You must:

• Follow actual road conditions, traffic signs, and applicable laws;
• Not interact with the mobile application while driving;
• Use the Service only when it is safe and lawful;
• Independently verify information before making safety-critical decisions; and
• Never use OnPoint as an emergency-response service.

The Service is not a substitute for emergency services, certified navigation equipment, professional dispatch systems, physical vehicle inspections, or legally required safety procedures.

Authorized Users may be able to create vehicle-inspection or Driver Vehicle Inspection Report records and attach photographs or videos.

Users submitting inspection information are responsible for ensuring that:

• The inspection was actually performed;
• The information is accurate and complete;
• Submitted media relates to the correct vehicle and inspection;
• Unnecessary personal or confidential information is not captured;
• The submission complies with Customer policy and applicable law; and
• Required physical inspections, repairs, certifications, and regulatory filings are separately completed.

SmallBoard does not certify that a vehicle is safe, roadworthy, legally compliant, or free from defects. An OnPoint inspection record does not replace a qualified mechanical inspection or the professional judgment of a driver, fleet manager, mechanic, or safety officer.

Camera or media permissions are used only when an Authorized User selects a feature requiring them, as further described in the Privacy Policy and applicable device-permission notice.

Maintenance reminders, diagnostics, alerts, cost estimates, reports, scores, trends, forecasts, and recommendations are provided for informational purposes.

They may depend on incomplete, delayed, estimated, third-party, or Customer-provided information.

They do not constitute mechanical, legal, accounting, insurance, employment, regulatory, or safety advice.

Customers and Authorized Users are responsible for independently reviewing information and making their own operational, employment, maintenance, compliance, and safety decisions.

SmallBoard does not guarantee that an alert, report, prediction, or recommendation will identify every risk, defect, failure, violation, or maintenance requirement.

If a Customer enables remote vehicle commands, only specifically authorized users may use them.

Before issuing a command, the user must verify:

• The correct vehicle has been selected;
• The command is authorized;
• The vehicle’s condition and surroundings are safe;
• The command complies with Customer policy and applicable law; and
• No person or property will be placed at risk.

Remote commands may be delayed, unsuccessful, unavailable, or inaccurately reported because of vehicle, manufacturer, device, or network conditions.

SmallBoard is not responsible for unauthorized commands resulting from shared credentials, compromised devices, incorrect Customer role assignments, or failure to remove access from a former Authorized User.

You must not use the Service:

• For an unlawful, fraudulent, abusive, or deceptive purpose;
• To stalk, harass, discriminate against, or unlawfully monitor a person;
• Outside your assigned Customer, fleet, vehicle, or role;
• To access another organization’s information;
• To upload unlawful, infringing, malicious, or misleading content;
• To falsify inspection, trip, maintenance, driver, or operational records;
• To interfere with vehicle safety or security;
• To send unauthorized vehicle commands;
• To violate privacy, employment, surveillance, transportation, or consumer-protection laws; or
• In a manner that could harm SmallBoard, a Customer, a driver, a vehicle, or another person.

SmallBoard may investigate suspected misuse and cooperate with Customers or lawful authorities when reasonably necessary.

As between SmallBoard and the Customer, the Customer retains its rights in Customer Data, subject to the applicable Customer Agreement.

The Customer authorizes SmallBoard to host, copy, transmit, process, secure, display, analyze, and otherwise use Customer Data as necessary to:

• Provide the Service;
• Follow Customer instructions;
• Maintain security and reliability;
• Provide support;
• Comply with applicable law; and
• Improve the Service using aggregated or de-identified information where permitted.

The Customer and Authorized Users are responsible for the legality, accuracy, quality, and origin of Customer Data.

The Service may display confidential information belonging to the Customer, drivers, employees, business partners, or SmallBoard.

You must:

• Use confidential information only for authorized business purposes;
• Protect it with reasonable safeguards;
• Not disclose it to unauthorized individuals;
• Follow Customer information-security policies; and
• Report suspected loss or unauthorized disclosure.

Any additional confidentiality requirements in a Customer Agreement continue to apply.

The Service may depend on or interact with:

• Apple services;
• Google services;
• Mapping and geocoding providers;
• Amazon Web Services;
• Vehicle manufacturers;
• Telematics providers;
• Communication providers;
• Customer systems; and
• Other third-party services.

Third-party services may be governed by their own terms and privacy policies.

SmallBoard does not control and is not responsible for the availability, accuracy, security, content, or independent practices of third-party services.

Third-party providers may change, restrict, suspend, or discontinue their services or access to information.

OnPoint Smart Mobility does not sell consumer digital subscriptions, paid content, or feature upgrades through the mobile application.

The mobile application does not provide consumer checkout or In-App Purchase functionality.

Fees for OnPoint business services are governed by the applicable Customer Agreement and are paid by the Customer outside the mobile application.

Deleting an individual Authorized User account does not cancel the Customer’s commercial agreement.

SmallBoard works to provide a reliable Service but does not guarantee uninterrupted, timely, secure, or error-free availability.

The Service may become unavailable because of:

• Maintenance;
• Software updates;
• Network or cloud-provider interruptions;
• Vehicle or telematics connectivity;
• Manufacturer-system availability;
• Security incidents;
• Legal requirements; or
• Events outside SmallBoard’s reasonable control.

SmallBoard may add, modify, suspend, or discontinue features. Where commercially reasonable, SmallBoard will communicate material changes through the applicable Customer relationship.

Some mobile-app updates may be required to continue using the Service.

OnPoint support information is available at: Support – OnPoint Solution

Product support email: info@onpointsolution.ai

SmallBoard contact information:
Email: info@smallboard.com
Telephone: (323) 407-9439

Do not send passwords, verification codes, authentication tokens, driver-license images, or unnecessary sensitive information by email.

Support response commitments, if any, are governed by the applicable Customer Agreement.

SmallBoard and its licensors own the Service, including its software, interfaces, designs, documentation, trademarks, logos, databases, reports, templates, and related intellectual-property rights, excluding Customer Data.

Except for the limited license granted under these Terms, no ownership rights are transferred to you or the Customer.

“SmallBoard,” “OnPoint,” “OnPointSolution.ai,” “OnPoint Smart Mobility,” and associated logos may not be used without written permission.

If you submit suggestions or feedback, SmallBoard may use them without restriction or payment, provided SmallBoard does not publicly identify you without permission.

SmallBoard or the Customer may suspend or terminate your access when:

• Your employment, engagement, or authorized role ends;
• The Customer requests removal;
• The Customer Agreement ends;
• You violate these Terms or Customer policy;
• Your use creates a security, legal, or safety risk; or
• Suspension is required by law.

When access terminates, your license to use the Service ends and you must stop using it.

Sections that by their nature should survive termination remain effective, including provisions relating to ownership, confidentiality, disclaimers, liability, disputes, and general legal terms.

You may request deletion of an individual OnPoint Smart Mobility account at: Account Deletion – OnPoint Solution

Deleting an individual account:

• Removes or disables the individual’s access;
• Does not automatically delete the Customer organization;
• Does not automatically delete organization-owned fleet or operational records;
• Does not cancel a Customer Agreement; and
• May not delete information that SmallBoard or the Customer must retain for legal, security, audit, contractual, safety, or compliance purposes.

Additional information is available on the Account Deletion page and in the Privacy Policy.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

SMALLBOARD DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND QUIET ENJOYMENT.

SMALLBOARD DOES NOT WARRANT THAT:

• THE SERVICE WILL ALWAYS BE AVAILABLE, SECURE, ACCURATE, OR ERROR-FREE;
• VEHICLE OR DRIVER INFORMATION WILL BE COMPLETE OR REAL-TIME;
• EVERY SAFETY, MAINTENANCE, OR COMPLIANCE ISSUE WILL BE IDENTIFIED;
• THIRD-PARTY SERVICES WILL REMAIN AVAILABLE; OR
• USE OF THE SERVICE WILL PRODUCE A PARTICULAR BUSINESS, SAFETY, COST, OR OPERATIONAL RESULT.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, these exclusions apply only to the extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMALLBOARD AND ITS AFFILIATES, OFFICERS, EMPLOYEES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR SUBSTITUTE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMALLBOARD’S TOTAL AGGREGATE LIABILITY ARISING FROM THE SERVICE WILL NOT EXCEED THE FEES PAID OR PAYABLE BY THE CUSTOMER FOR THE AFFECTED SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF NO FEES WERE PAID, THE LIMIT WILL BE USD $100.

These limitations apply regardless of the legal theory and even when a party was advised that damages were possible.

Nothing in these Terms excludes or limits liability that applicable law does not permit a party to exclude or limit.

The Customer and Authorized Users are responsible for claims arising from:

• Unlawful or unauthorized Customer Data;
• Failure to provide required driver or employee notices;
• Failure to obtain required vehicle, driver, employee, or contractor permissions;
• Unauthorized monitoring or surveillance;
• Misuse of remote vehicle commands;
• Falsified inspection or operational records;
• Violation of applicable law; or
• Use of the Service outside the permissions provided by SmallBoard or the Customer.

Formal indemnification obligations between SmallBoard and a Customer are governed by the applicable Customer Agreement.

You may not use, export, or re-export the Service in violation of applicable export-control or sanctions laws.

You represent that you are not located in a country or region subject to a comprehensive applicable embargo and are not identified on an applicable government restricted-party list.

When OnPoint Smart Mobility is downloaded through Apple’s App Store:

• These Terms are between you and SmallBoard, not Apple.
• SmallBoard, not Apple, is responsible for the application and its content.
• Your license is limited to using the application on Apple-branded products you own or control, subject to Apple’s usage rules.
• Apple has no obligation to provide maintenance or support for OnPoint Smart Mobility.
• SmallBoard is responsible for addressing claims concerning the application, including product-liability, legal-compliance, and intellectual-property claims.
• If the application fails to satisfy an applicable warranty, you may notify Apple. Apple may refund the purchase price, if any, as required by its terms. Apple has no other warranty obligation for the application.
• You must comply with applicable third-party terms when using the application.
• Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it after you accept these Terms.

Use of the iOS application is also subject to Apple’s applicable App Store terms and Licensed Application End User License Agreement.

SmallBoard may update these Terms to reflect changes in the Service, business practices, third-party services, or applicable law.

Updated Terms will be published at the same URL with a revised “Last updated” date.

SmallBoard will provide additional notice of material changes when required by law or an applicable Customer Agreement.

Changes apply prospectively from their effective date. Continued use after the effective date constitutes acceptance where permitted by law.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Unless an applicable Customer Agreement provides otherwise, disputes concerning these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

Nothing in this section prevents either party from seeking emergency or injunctive relief where legally available.

If any provision of these Terms is found unenforceable, it will be modified only to the minimum extent necessary, and the remaining provisions will continue in effect.

Failure to enforce a provision is not a waiver.

You may not assign your rights under these Terms without SmallBoard’s written consent. SmallBoard may assign these Terms in connection with a merger, reorganization, financing, sale of assets, or similar transaction.

SmallBoard is not responsible for delays or failures caused by events outside its reasonable control.

Headings are provided for convenience and do not affect interpretation.

These Terms, the Privacy Policy, and any applicable Customer Agreement constitute the agreements governing use of the Service.

For questions about these Terms, contact:

SmallBoard.com 30 S. San Gabriel Blvd., Suite 201 Pasadena, California 91107 United States Email: info@smallboard.com Telephone: (323) 407-9439

OnPoint product support:
Email: info@onpointsolution.ai
Support: Support – OnPoint Solution

Do not send passwords, verification codes, authentication tokens, or unnecessary sensitive information by email.