1. Agreement to Terms

 

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Shovel Solutions LLC, a limited liability company ("Company," "we," "us," or "our") concerning your access to and use of the https://www.theshovelapp.com mobile application as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Service").

 

You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

You must be at least 18 years of age to use our Service. By using the Service, you represent and warrant that you are at least 18 years old.

 

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change.

 

2. Intellectual Property Rights

 

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

 

The Content and the Marks are provided on the Service "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Service, the Content and the Marks.

 

3. User Accounts

 

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

 

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

 

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

We may allow you to register for an account through third-party social media services. By doing so, you authorize us to access certain information from these social media accounts as permitted by the terms of service of these third-party providers.

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SMS Communications Consent

By creating an account, providing a mobile telephone number, and agreeing to these Terms and Conditions, you provide your prior express consent to receive non‑marketing, transactional SMS (text message) communications from Shovel Solutions LLC in connection with your use of the Service. Such communications may include, without limitation, account registration and access messages, user invitations that you initiate, security and authentication alerts, service-related notifications, and customer support communications.

 

You acknowledge and agree that consent to receive SMS messages is not a condition of any purchase or payment. Message frequency will vary based on account activity and user actions. Message and data rates may apply as determined by your wireless carrier.

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You may withdraw your consent to receive SMS messages at any time by replying STOP to any message. For assistance, you may reply HELP. Opting out of SMS communications may limit or prevent your ability to receive certain Service-related notifications via text message.

 

4. User-Generated Content

 

The Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post to the Service, including its legality, reliability, and appropriateness.

 

By posting User Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service. You retain any and all of your rights to any User Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

 

You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

Copyright Infringement and DMCA Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement of any person.

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act (DMCA):

 

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

• A description of the copyrighted work that you claim has been infringed

• A description of where the material that you claim is infringing is located on the Service

• Your address, telephone number, and email address

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

 

You may send this notice to: info@theshovelapp.com.

 

5. Prohibited Activities

 

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Service, you agree not to:

• Engage in any illegal activities or use the Service for any unlawful purpose. 

• Harass, abuse, or harm another person, or advocate harm against others. 

• Send spam, chain letters, or other unsolicited communications through the Service.

• Systematically retrieve data or other content from the Service to create or compile a collection, database, or directory. 

• Attempt to bypass any measures designed to prevent or restrict access to the Service, or any portion thereof. 

• Sell or otherwise transfer your profile or account access. 

• Impersonate another user or person or use the username of another user. 

• Use any information obtained from the Service in order to harass, abuse, or harm another person. Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Service.

 

6. Purchases and Payment

 

We accept the following forms of payment: Credit Card, Paypal, Cryptocurrency, and/or ACH bank transfer.

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

 

We reserve the right to refuse any order placed through the Service. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

 

All prices are subject to change without notice. We reserve the right to correct any errors in pricing and availability, even if we have already requested or received payment.

 

No Refund Policy

All sales are final. We do not offer refunds or exchanges except where required by law.

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7. Driver Responsibility and Transportation Risk Disclaimer

 

No Transportation or Driving Services.
Shovel Solutions LLC (“Shovel”) is a technology platform that facilitates communication, scheduling, and information exchange between independent third parties. Shovel does not provide transportation services, motor carrier services, dispatch services, or driving services, and does not operate, control, maintain, own, lease, or manage any vehicle, equipment, or load.

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No Control Over Drivers or Vehicles.
Shovel does not employ, supervise, direct, train, qualify, or control any drivers, vehicle operators, carriers, contractors, or hauling companies. All drivers and vehicle operators using the Service act independently and at their own discretion, and are solely responsible for their actions and omissions.

Sole Responsibility for Safe Operation and Legal Compliance.
You acknowledge and agree that the safe and lawful operation of any vehicle, including without limitation dump trucks or other heavy‑haul vehicles, is solely the responsibility of the driver and/or the vehicle owner or operator, and not Shovel. This includes, without limitation, responsibility for:

• Complying with all applicable traffic laws, regulations, and ordinances;

• Possessing and maintaining all required licenses, endorsements, permits, and certifications;

• Compliance with vehicle weight limits, load securement requirements, routing restrictions, and applicable federal, state, and local transportation laws;

• Assessing road, traffic, weather, construction, and site conditions;

• Determining whether any route, instruction, destination, or job location is safe or lawful to access.

No Liability for Accidents, Citations, or Damages.
To the maximum extent permitted by applicable law, Shovel expressly disclaims any and all responsibility or liability for:

• Traffic citations, tickets, fines, penalties, or violations;

• Vehicle accidents, collisions, overturns, rollovers, or mechanical failures;

• Personal injury, serious bodily injury, or death;

• Property damage, environmental damage, or cargo loss;

• Any claims arising out of or related to the operation, loading, routing, parking, or movement of any vehicle used in connection with the Service.

 

Information‑Only Platform.
Any routes, locations, schedules, job details, or other information made available through the Service are provided for general informational purposes only. Shovel does not guarantee the accuracy, legality, safety, or suitability of any such information and does not provide driving, routing, safety, or operational instructions. You remain solely responsible for independently verifying all information before acting upon it.

 

Assumption of Risk.
By using the Service, you knowingly and voluntarily assume all risks associated with operating heavy‑haul vehicles, including risks inherent in commercial trucking and construction‑site transportation. You expressly agree that such risks are your responsibility alone.

 

No Carrier, Broker, or Employer Relationship.
Nothing in these Terms or in your use of the Service creates any joint venture, partnership, employment, agency, motor carrier, broker, or dispatcher relationship between you and Shovel.

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8. Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHOVEL SOLUTIONS LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF SHOVEL SOLUTIONS LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO SHOVEL SOLUTIONS LLC FOR THE PRIOR ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.

 

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

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9. Disclaimer of Warranties

 

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.

 

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

10. Dispute Resolution

 

Mediation and Arbitration: In the event of a dispute, the parties agree to first attempt to resolve the matter through good faith negotiations. If the dispute cannot be resolved through negotiations, the parties agree to mediation. If mediation is unsuccessful, the dispute shall be resolved through binding arbitration under the rules of the American Arbitration Association.

 

11. Governing Law

 

These Terms shall be governed by and defined following the laws of the jurisdiction specified in the business address. Shovel Solutions LLC and yourself irrevocably consent that the courts of the governing jurisdiction shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

 

Apple App Store Specific Terms

 

If you access the Service via an application downloaded from the Apple App Store, you acknowledge and agree that:

 

These Terms are between you and Shovel Solutions LLC only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or its content.

Apple has no obligation to furnish any maintenance or support services with respect to the Service.

In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.

Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service.

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

Google Play Store Specific Terms

 

If you access the Service via an application downloaded from Google Play Store, you acknowledge and agree that you have reviewed and agree to the Google Play Terms of Service. These Terms are between you and Shovel Solutions LLC only, and not with Google LLC.

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12. Termination

 

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

 

If you wish to terminate your account, you may simply discontinue using the Service, or contact us to request account deletion.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

13. Changes to Terms

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

14. Contact Information

 

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

 

Email: info@theshovelapp.com

Website: https://www.theshovelapp.com

Phone: 662-384-6089

 

IMPORTANT NOTICE: These Terms and Conditions were generated using an automated tool and are provided for informational purposes only. This document does not constitute legal advice. You should consult with a qualified attorney to review these terms and ensure they comply with all applicable laws and adequately protect your business interests.