Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") govern your use of the BinFleet AI platform ("Service"), operated by Lux & Grand LLC ("Company," "we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

BinFleet AI is a software-as-a-service (SaaS) platform designed for waste management and dumpster rental companies. The platform provides tools for order management, dispatch, customer communication via SMS, invoicing, driver management, and online booking. The Service is provided on a subscription basis as described in our pricing plans.

3. SMS Messaging Program

Program Name: BinFleet AI Order Notifications

Program Description: BinFleet AI enables waste management companies to send transactional SMS messages to their customers regarding service orders. Messages include delivery confirmations, pickup reminders, schedule changes, driver en-route alerts, invoice reminders, and order status updates.

3.1 Consent & Opt-In

End users consent to receive transactional SMS messages through one of the following opt-in methods:

• Online Booking Portal: When placing an order through a company's online booking page (e.g., binfleet.com/{company}/book), customers enter their phone number and check a required consent checkbox that reads: "I agree to receive SMS delivery updates about my order. Message frequency varies. Msg & data rates may apply. Reply STOP to opt out." The order cannot be submitted without checking this box when a phone number is provided.
• Phone & In-Person Orders: When a customer calls or visits to place an order, the company representative verbally informs them: "We'll send you text message updates about your delivery status to this number. Is that okay?" Verbal consent is confirmed before the customer's phone number is entered into the system. The platform displays a consent reminder to staff when entering a customer's phone number.

By providing a phone number through either method, the end user agrees to receive transactional text messages related to their service order. No messages are sent until consent has been obtained.

3.2 Message Frequency

Message frequency varies based on order activity. Typical messaging includes 2-6 messages per service order (confirmation, driver dispatch, delivery, pickup reminder, pickup completion, and invoice). Additional messages may be sent if there are schedule changes or payment reminders.

3.3 Message and Data Rates

Message and data rates may apply. Please contact your mobile carrier for details about your messaging plan.

3.4 Opt-Out

You may opt out of receiving SMS messages at any time by replying STOP to any message you receive from the platform. After opting out, you will receive a confirmation message and will no longer receive SMS messages from that company through BinFleet AI. You may opt back in at any time by contacting the service provider directly.

3.5 Help

For help with SMS messaging, reply HELP to any message or contact us at support@binfleet.com.

3.6 Consent Documentation

BinFleet AI maintains records of SMS consent for each customer. For online bookings, consent is recorded electronically via the required checkbox at the time of order placement. For phone and in-person orders, company staff confirm verbal consent before entering the customer's phone number into the platform. The platform provides a visible consent reminder to staff during phone number entry to ensure compliance.

4. Account Registration

To use the Service, you must create an account and provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4a. Eligibility & Business Verification

BinFleet AI is designed exclusively for legitimate waste management, dumpster rental, and hauling businesses. We reserve the right to approve or deny access to the platform at our sole discretion, including during any free trial period.

During registration, we may require you to provide business verification information including, but not limited to, your Employer Identification Number (EIN), business address, phone number, and proof of business operations. This information is collected to verify the legitimacy of your business and to protect the integrity of our platform and its users.

• We reserve the right to suspend or terminate any account that we reasonably believe is not associated with a legitimate waste hauling or dumpster rental business.
• We may request additional documentation at any time to verify your business status, including business licenses, permits, or other proof of operations.
• Accounts created for the purpose of competitive analysis, data scraping, reverse engineering, or any other purpose inconsistent with genuine business use of the Service are strictly prohibited and will be terminated immediately.
• Any information provided during verification must be truthful and accurate. Providing false or misleading business information is grounds for immediate account termination without refund.
• We may, at our sole discretion, limit access to certain features or functionality until business verification is satisfactorily completed.

By creating an account, you represent and warrant that you are authorized to operate a waste management or related business and that all information provided during registration and verification is true, accurate, and complete.

5. Subscription and Billing

The Service is available under various subscription tiers, including BinFleet AI Pro. Each plan includes a set number of users, drivers, and SMS messages per month. Details of each plan, including pricing, are available on our website.

• Subscriptions are billed monthly or annually as selected at the time of purchase.
• Payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis.
• Your monthly invoice may include charges for additional drivers, additional backend users, and SMS text message overages beyond your plan's included allowances. A detailed breakdown of all charges is available in your Settings dashboard.
• SMS overages beyond your plan's included messages will be billed at the applicable overage rate.
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
• Refunds are not provided for partial months or unused portions of a subscription.
• Accounts requiring more than ten (10) active drivers must upgrade to the BinFleet AI Enterprise plan. The Enterprise plan includes additional capacity, dedicated support, and custom service-level agreements, and is subject to additional fees as determined by a separate Enterprise agreement. Continued use of the standard plan with more than ten active drivers without an Enterprise agreement is not permitted and may result in service restrictions.

5.1 Price Changes

We reserve the right to modify the pricing of the Service, including base subscription fees, per-driver fees, per-user fees, SMS rates, and any other applicable charges, at any time. We will provide existing subscribers with at least thirty (30) days' advance written notice of any price increase. Notice will be delivered via a prominent notification within your BinFleet AI dashboard and/or by email to the address associated with your account.

Your continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing. If you do not agree with the revised pricing, you may cancel your subscription before the new pricing takes effect. Promotional or discounted pricing is subject to the specific terms of the promotion and may be changed or discontinued at any time.

6. Acceptable Use & Prohibited Conduct

You agree not to use the Service to:

• Send unsolicited or unauthorized marketing or promotional SMS messages
• Violate any applicable law, regulation, or carrier guidelines
• Transmit harmful, abusive, or fraudulent content
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the integrity or performance of the Service
• Upload or transmit viruses, malware, or other malicious code

6.1 Prohibition on Marketing Messages

You shall not use the BinFleet AI platform to send marketing, promotional, or advertising text messages of any kind. The SMS functionality provided by the platform is strictly limited to transactional messages directly related to active service orders (e.g., delivery confirmations, pickup reminders, driver en-route alerts, invoice notifications, and schedule change updates). Any use of the platform to send bulk messages, spam, solicitations, or communications unrelated to legitimate service orders is strictly prohibited and will result in immediate account suspension or termination without refund.

6.2 Compliance with Laws

You shall not use BinFleet AI in any manner that violates applicable federal, state, or local laws or regulations. Without limiting the foregoing, you agree to comply with all applicable telecommunications and messaging laws, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Florida Telephone Solicitation Act, and any other applicable state or local consumer protection and privacy laws. You are solely responsible for ensuring that your use of the platform, including all SMS communications sent through it, complies with all applicable legal requirements. BinFleet AI reserves the right to immediately suspend or terminate the account of any user found to be in violation of this section.

6.3 System Abuse

You shall not abuse, misuse, or exploit the BinFleet AI platform in any way that is inconsistent with its intended purpose as a fleet and service order management tool. This includes, but is not limited to, using the platform to harass or threaten individuals, creating fictitious orders or customer records, manipulating system features for unintended purposes, or engaging in any activity that could damage, disable, overburden, or impair the platform. BinFleet AI reserves the right to investigate suspected abuse and take appropriate action, including account termination and referral to law enforcement authorities.

7. Customer Data Ownership & Confidentiality

7.1 Your Data, Your Property

All data you and your authorized users upload, create, or store within BinFleet AI ("Customer Data") — including but not limited to customer records, contact information, order history, invoices, and business records — remains your sole and exclusive property. BinFleet AI does not claim ownership of any Customer Data. Upon termination of your account, you may request an export of your data. We will make commercially reasonable efforts to provide your data in a standard format within thirty (30) days of the request.

7.2 Platform Access by BinFleet AI Personnel

In order to provide technical support, troubleshoot issues, and ensure platform reliability, authorized BinFleet AI personnel may access your account and Customer Data on a need-to-know basis. This access is strictly limited to:

• Responding to support requests initiated by you or your authorized users;
• Diagnosing and resolving technical issues affecting your account;
• Ensuring the security, integrity, and performance of the platform; and
• Complying with applicable law or legal process.

BinFleet AI personnel will access only the minimum amount of Customer Data necessary to fulfill the above purposes.

7.3 Restrictions on Use of Customer Data

BinFleet AI will not sell, rent, share, or otherwise use your Customer Data for BinFleet AI's own marketing, advertising, solicitation, or commercial purposes. Specifically, BinFleet AI will never contact your customers, prospects, or end users for the purpose of promoting BinFleet AI's services or any third-party products or services. BinFleet AI will not use your Customer Data to solicit, recruit, or redirect your customers to any competing service. Any use of your Customer Data beyond the support and operational purposes described in Section 7.2 requires your explicit prior written consent.

7.4 Aggregated & Anonymized Data

BinFleet AI may collect and use aggregated, anonymized data derived from platform usage (e.g., total order volumes across the platform, feature adoption rates, general industry trends) to improve the platform and its services. Such anonymized data will not identify you, your company, or any of your individual customers.

7.5 Confidential Treatment

BinFleet AI treats all Customer Data as confidential information. BinFleet AI employees and contractors with access to Customer Data are bound by confidentiality obligations and are trained on data handling procedures. BinFleet AI will not disclose Customer Data to third parties except as required to operate the platform (e.g., cloud hosting infrastructure, payment processing), and any such third-party sub-processors are bound by equivalent confidentiality and data protection obligations.

7.6 Data Retention & Deletion

Upon termination of your account, BinFleet AI will delete or return your Customer Data within thirty (30) days of your written request, except where retention is required by applicable law or legitimate business purposes (e.g., billing records, dispute resolution). You may also request deletion of specific Customer Data at any time during your subscription by contacting support@binfleet.com.

8. Mobile Device & Data Requirements

Use of the BinFleet AI driver application requires a compatible mobile device (smartphone or tablet) with an active internet connection. Drivers and field personnel must have access to a cellular-enabled device capable of running the BinFleet AI mobile application in order to receive dispatch assignments, update order statuses, and communicate through the platform.

• The Company does not provide mobile devices, smartphones, tablets, or any other hardware to drivers or end users. You are solely responsible for procuring and maintaining any devices required to access and use the Service.
• Use of the BinFleet AI mobile application may consume cellular data. The Company is not responsible for any data charges, overage fees, or costs associated with mobile data usage incurred while using the Service. You are solely responsible for any and all data plans, carrier fees, and related costs associated with operating the platform on your devices.
• The Company makes no guarantees regarding the availability, reliability, or speed of your internet or cellular connection and shall not be held liable for any service disruptions caused by connectivity issues on your devices or network.

9. Photo Storage & Retention

BinFleet AI provides a job site photo documentation feature that allows drivers and administrators to upload photos associated with orders and containers. By using this feature, you agree to the following terms:

• Retention Period: All uploaded photos are retained for a maximum of three (3) years from the date of upload. After the retention period expires, photos are automatically and permanently deleted from our systems. This process is irreversible and BinFleet AI is not responsible for any data loss resulting from automatic expiration.
• Compression: Photos are automatically compressed upon upload to reduce file size and optimize storage. The original uncompressed version is not retained by BinFleet AI.
• Watermarking: Photos viewed or downloaded through BinFleet AI may include watermarks indicating the date, time, and action type. These watermarks are applied for documentation and accountability purposes.
• Usage Limits: Each order action (delivery, pickup, dump, etc.) supports a maximum of 10 photos. BinFleet AI reserves the right to impose additional storage limits, restrict uploads, or suspend the photo feature for any account that demonstrates excessive or abusive usage patterns that may impact platform performance or incur disproportionate infrastructure costs. Accounts consistently uploading unreasonable volumes of photos beyond normal business operations may be subject to rate limiting or additional fees at BinFleet AI's sole discretion.
• Content Responsibility: You are solely responsible for the content of all uploaded photos. Photos must relate to legitimate business operations and must not contain inappropriate, offensive, or illegal content. BinFleet AI reserves the right to remove any content that violates these terms without notice.

10. Third-Party Integrations

BinFleet AI offers integrations with third-party services including but not limited to QuickBooks Online (Intuit), Stripe, TaxCloud, Google Maps, and Twilio. By enabling these integrations, you agree to the following:

• Authorization: When you connect a third-party service (e.g., QuickBooks Online), you authorize BinFleet AI to access, read, and write data to that service on your behalf using the OAuth tokens or API credentials you provide.
• Data Sharing: BinFleet AI will only share data with third-party services that you have explicitly connected and authorized. Data shared includes customer names, invoice details, payment records, and tax information as necessary to facilitate the integration.
• Third-Party Terms: Your use of third-party integrations is also subject to the terms, conditions, and privacy policies of those third-party providers. BinFleet AI is not responsible for the availability, accuracy, or security practices of third-party services.
• Disconnection: You may disconnect any third-party integration at any time from your Settings page. Upon disconnection, BinFleet AI will cease sending data to that service, but data already transmitted will be governed by the third party's own data retention policies.
• No Guarantee: BinFleet AI does not guarantee uninterrupted availability of third-party integrations. Service disruptions, API changes, or policy modifications by third-party providers may affect integration functionality.

11. Intellectual Property

The BinFleet AI platform, including its software, design, logos, and documentation, is the property of Lux & Grand LLC and is protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for your business operations during the term of your subscription.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LUX & GRAND LLC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we make no warranty or guarantee that:

• The Service will be uninterrupted, timely, secure, or error-free.
• Route optimization, mileage estimates, driving time calculations, or any geographic or mapping data provided by the Service will be accurate, complete, or reliable. All route optimization features are provided as suggestions only and should not be relied upon as the sole basis for operational decisions. Users should manually adjust stop order and routing whenever operational judgment indicates a better or safer option.
• The Service will result in cost savings, fuel savings, reduced mileage, increased efficiency, or any particular business outcome. Actual results may vary based on factors outside our control including but not limited to traffic conditions, road closures, vehicle type, driver behavior, weather, and local regulations.
• Any data, analytics, reports, or insights generated by the Service are accurate or complete. You are solely responsible for verifying all information before making business decisions.
• The Service will meet your specific requirements or expectations.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUX & GRAND LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, data, business opportunities, or business interruption.
• Any damages arising from or related to reliance on route optimization, scheduling suggestions, mileage estimates, driving time calculations, or any other operational recommendations provided by the Service.
• Any increased fuel costs, additional mileage, delayed deliveries, missed pickups, or operational inefficiencies allegedly caused by or related to use of the Service.
• Any loss of customers, contracts, or business relationships arising from the use of or inability to use the Service, including any service outages or disruptions.
• Any damages resulting from unauthorized access to or alteration of your data or transmissions.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

YOU ACKNOWLEDGE THAT THE SERVICE IS A SOFTWARE TOOL DESIGNED TO ASSIST WITH FLEET MANAGEMENT OPERATIONS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT. YOU ARE SOLELY RESPONSIBLE FOR ALL OPERATIONAL, ROUTING, AND BUSINESS DECISIONS MADE USING OR IN CONNECTION WITH THE SERVICE. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

12. Assumption of Risk

You expressly acknowledge and agree that your use of the Service is at your sole risk. You are responsible for ensuring compliance with all applicable local, state, and federal laws and regulations governing your business operations, including but not limited to transportation regulations, commercial vehicle restrictions, weight limits, and hazardous materials handling. The Service does not guarantee compliance with any such regulations.

13. Indemnification

You agree to indemnify, defend, and hold harmless Lux & Grand LLC and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees and court costs) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) any claim that your use of the Service caused damage to a third party; or (e) any operational decisions made based on data, recommendations, or suggestions provided by the Service.

14. Data Export, Webhooks & Third-Party Integrations

BinFleet AI provides features that allow Companies to export customer data and configure webhook integrations that transmit event data (including customer contact information) to third-party services. When using these features:

• Compliance Responsibility: You are solely responsible for ensuring that your use of exported or transmitted data complies with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and applicable state privacy laws.
• SMS Consent: Customer data includes an SMS consent indicator. Customers who have opted out of SMS must not receive marketing text messages. You must respect these preferences in all downstream systems.
• Email Marketing: Customer email addresses collected through BinFleet AI are provided for transactional and service-related purposes. Separate opt-in consent may be required before using these addresses for marketing communications.
• Data Security: You are responsible for securing webhook endpoints and exported data against unauthorized access. BinFleet AI signs webhook payloads with HMAC-SHA256 for verification but is not responsible for security of third-party endpoints.

BinFleet AI is not liable for any claims, damages, or penalties arising from your use of exported data or webhook integrations in violation of applicable laws.

15. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination will remain in effect, including ownership, warranty disclaimers, indemnity, and limitations of liability.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date at the top of this page. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved in the courts located in New York.

17. Contact Us

If you have any questions about these Terms, please contact us: