Terms of Service
Effective Date: July 30, 2026
These Terms of Service ("Terms") are a legal agreement between you (acting on behalf of the company or organization you represent, "Customer," "you," or "your") and MaplesBoneYard LLC ("5th Bull," "we," "us," or "our"), governing your access to and use of the 5th Bull fleet maintenance software, including our website, web application, and API (collectively, the "Service"). By creating an account, clicking "I agree," or otherwise using the Service, you accept these Terms on behalf of yourself and the company you represent. If you don't agree, don't use the Service.
1. Who Can Use the Service
You must be at least 18 years old and have the authority to bind your company or organization to these Terms. The Service is intended for business use by fleet, equipment maintenance, and repair operations - it is not directed at, and should not be used by, individual consumers for personal purposes.
2. Your Account
You're responsible for maintaining the confidentiality of your account credentials (including any API keys you generate) and for all activity that occurs under your account. Notify us immediately if you suspect unauthorized use. We offer optional two-factor authentication and strongly recommend enabling it for any account with administrative access. You're responsible for the accuracy of information you or your team members enter into the Service, and for managing which of your team members hold which role and permissions within your account.
3. Subscription Plans, Billing, and Free Trials
The Service is offered on a subscription basis, at the plans and pricing described on our pricing page at the time you sign up or upgrade. New accounts begin with a 14-day free trial; no payment method is required to start a trial. If you continue past the trial, you'll be asked to choose a paid plan and provide billing information. Subscription fees are billed in advance on a recurring basis (typically monthly) through our payment processor, Stripe, and automatically renew until cancelled. You authorize us (via Stripe) to charge your payment method for all fees due. Fees are exclusive of applicable taxes unless stated otherwise; you're responsible for any taxes associated with your purchase. We may change our pricing with advance notice; continued use of the Service after a price change takes effect constitutes acceptance of the new pricing for your next billing cycle.
4. Pausing, Cancelling, and Data After Cancellation
You may pause or cancel your subscription at any time from within the Service. Cancelling stops future billing but keeps your account active through the end of your current billing period; a paused subscription that isn't resumed will automatically convert to cancelled after 90 days. After cancellation, your data is retained and not automatically deleted - we don't run an automatic deletion process - but access to the Service is suspended. If you'd like your data permanently deleted, contact us at the address below and we'll process that request. We recommend exporting any data you need (via the Service's CSV export or print/PDF reports) before or shortly after cancelling.
5. Your Data
As between you and us, you (or your company) own all data you upload or enter into the Service - equipment records, work orders, inspection results, parts inventory, photos and other attachments, and similar content ("Customer Data"). We don't claim ownership of Customer Data. You grant us a limited license to host, store, process, and display Customer Data solely as necessary to provide the Service to you (and, where you configure it, to deliver it to third-party systems you connect via our API or webhooks). See our Privacy Policy for more on how we handle data, including data belonging to your team members and drivers.
6. Acceptable Use
You agree not to: (a) use the Service for any unlawful purpose; (b) attempt to gain unauthorized access to another company's account or data, or to the Service's underlying systems; (c) interfere with or disrupt the Service's operation, including through excessive automated requests beyond documented API rate limits; (d) upload malicious code or content you don't have the right to upload; (e) reverse-engineer the Service except where applicable law permits it; or (f) use the Service to build a directly competing product.
7. API and Integrations
If you generate API keys or configure webhooks, you're responsible for keeping them confidential and for any activity conducted through them, including by third-party systems you connect. API access is subject to documented rate limits and may be revoked if abused. You can revoke your own API keys and remove webhook endpoints at any time from the Service.
8. Demo Account
We may offer a read-only demonstration account seeded with sample data for evaluation purposes. The demo account does not represent real fleet data, cannot be used to store your own data, and is provided purely for you to explore the Service's features.
9. Service Availability and Changes
We aim to keep the Service available and reliable but don't guarantee uninterrupted access. We may modify, suspend, or discontinue features of the Service, or update these Terms, from time to time; we'll make reasonable efforts to notify active Customers of material changes. Your continued use of the Service after a change takes effect constitutes acceptance of it.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Service is a tool to help you track and organize equipment maintenance, inspections, and repair work - it does not perform inspections, diagnose mechanical issues, or make safety determinations on your behalf, and it does not substitute for qualified personnel, applicable regulatory inspection requirements (such as DOT or other regulatory compliance obligations), or your own safety judgment. You remain solely responsible for the actual maintenance, inspection, and safe operation of your equipment and vehicles, regardless of what is or isn't recorded in the Service.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE. Some jurisdictions don't allow these limitations, so some of the above may not apply to you.
12. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Service, or Customer Data you upload.
13. Termination
We may suspend or terminate your access to the Service if you materially breach these Terms and don't cure the breach within a reasonable time after notice, or immediately for serious violations (such as unlawful use or attempts to compromise the Service's security).
14. Governing Law
These Terms are governed by the laws of [State/Jurisdiction], without regard to its conflict of law principles, and any disputes will be resolved in the courts located in [State/ Jurisdiction].
15. Contact
Questions about these Terms? Reach us at legal@5thbull.com.