- Introduction and Acceptance
The Application is a business tool made available to authorized users (each, an "Authorized User"), which may include drivers, contractors, third-party carriers and their personnel, and other persons authorized by Bison to use the Application in connection with services provided to or on behalf of Bison. The Application may be accessed on a device provided by Bison or, where Bison permits, on another device used by the Authorized User, in each case subject to these Terms. You may access and use the Application only if: (a) Bison or its designee has issued you valid Credentials; (b) you are authorized by Bison to use the Application in a role or capacity approved by Bison, whether under an employment, contractor, carrier, or other agreement or arrangement with Bison or an affiliate; and (c) your access has not been suspended or ended by Bison. Access is a privilege and may be changed, suspended, or ended by Bison at any time, with or without notice.
Your access to and use of the Application is also subject to Bison policies, codes, standards, and procedures that Bison has made applicable to you, whether directly or through the agreement or arrangement under which you are authorized to use the Application (collectively, "Applicable Bison Policies"), which may include those addressing information security, acceptable use, privacy, safety, and recordkeeping. The order of precedence between these Terms, the Herd2Go Privacy Policy, and Applicable Bison Policies is set out in Section 17.
These Terms cover your use of the Application only. Nothing in these Terms creates, changes, extends, or ends any employment, contractor, carrier, brokerage, or other relationship between you or your employer and Bison, guarantees continued access to the Application, or replaces any employment agreement, contractor agreement, carrier agreement, confidentiality agreement, or similar agreement between you or your employer and Bison or an affiliate, each of which stays in full force in accordance with its terms. If you are authorized to use the Application as personnel of a third-party motor carrier engaged by Bison (including in connection with brokered loads), these Terms apply to you in addition to, and operate alongside, the agreement between that carrier and Bison or its affiliate, and the carrier remains responsible for ensuring that its personnel who are given access to the Application comply with these Terms, the Herd2Go Privacy Policy, and Applicable Bison Policies.
You agree to use the Application only for legitimate Bison business purposes in your authorized capacity, and not for personal, commercial, or other unauthorized purposes.
- License to Use the Application
If you follow these Terms, Bison gives you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to download, install, and use the Application on a compatible mobile device authorized by Bison for your use, whether provided by Bison or otherwise used by you, only:
- in connection with services authorized by Bison and performed for or on behalf of Bison or its affiliates; and
- on a device and operating system that the Application supports.
Your license and right to access and use the Application end automatically, without notice, on the earliest of: (a) the end or suspension of the underlying employment, contractor, carrier, or other agreement or arrangement under which you were authorized to use the Application; (b) the loss, suspension, or revocation of your authorization to use the Application; (c) your breach of these Terms or any Applicable Bison Policy; or (d) Bison stopping the Application. Bison may also end or suspend your access at any time, with or without cause and with or without notice.
Upon any suspension of your access, you must immediately: (i) stop all access to and use of the Application and all Company Information; (ii) not attempt to log in, reactivate, or otherwise access the Application or any related systems; and (iii) comply with any directions Bison gives you in connection with the suspension.
Upon any termination or other permanent end of your access — including on the end of the underlying relationship or agreement, loss or revocation of your authorization, or the actions described in the preceding paragraph — you must promptly, as and to the extent reasonably directed by Bison: (A) uninstall the Application from any device you control on which you installed it; (B) return or securely delete all Company Information in your possession or control and reasonably accessible to you; (C) complete any reasonable access-termination steps requested by Bison that you are able to perform; and (D) on Bison's reasonable written request, confirm your compliance with the foregoing in writing, to the best of your knowledge after reasonable efforts. Bison may also require any of the foregoing during a suspension where reasonably necessary for security, compliance, investigation, or access-termination purposes.
Without limiting the preceding paragraph, upon the end or suspension of your access, and at any other time on Bison's reasonable request, you must: (i) stop using, disclosing, and otherwise relying on Company Information; (ii) not copy, export, forward, or otherwise further disseminate Company Information; (iii) delete, destroy, or return (as Bison reasonably directs) any residual copies, extracts, screenshots, photographs, printouts, exports, and backups of Company Information that are in your possession or control and reasonably accessible to you through the Application. On Bison's reasonable written request, you will confirm in writing that you have complied with this paragraph to the best of your knowledge after reasonable efforts. Nothing in this Section 2 gives Bison the right to access, inspect, monitor, or control any personal device or personal account, and any deletion or return of Company Information from such a device or account is your responsibility to carry out.
If you were given any Bison-owned device, equipment, Credentials, access cards, documents, or other property for using the Application, you must return it all to Bison promptly when your access ends or is suspended, or earlier if Bison asks, in the condition required by Bison Policies.
You must not keep, use, disclose, or rely on any Company Information after your access ends or is suspended, except to the extent, and only for as long as, Bison expressly allows in writing or the law requires.
The following provisions survive the end of these Terms and of your access to the Application, in each case on their own terms: Intellectual Property; confidentiality and handling of Company Information; Applicable Privacy Rights; Children's Privacy; Disclaimers; Limitation of Liability; Governing Law and Jurisdiction; and any other provision that by its nature is intended to survive. The Herd2Go Privacy Policy continues to apply in accordance with its own terms.
The end of your access to the Application does not limit any other rights or remedies available to Bison, including under law, Bison Policies, or any employment, contractor, confidentiality, or other agreement between you and Bison.
- Authorized Use; Restrictions
The Application is for business use only. You must not do any of the following, and you must not knowingly permit, assist, or enable anyone acting under your Credentials, or with your permission or knowing acquiescence, to do any of them:
- use the Application for any personal or unauthorized purpose;
- copy, change, adapt, translate, or make works based on the Application;
- reverse engineer, decompile, disassemble, or otherwise try to get the source code of the Application, except where the law does not allow this restriction;
- rent, lease, lend, sell, sublicense, share, or transfer the Application or any rights in it to anyone else;
- remove, change, or hide any ownership notices, labels, or marks in the Application;
- use the Application in a way that breaks the law, violates someone's rights, or disrupts the Application or related systems; or
- try to get unauthorized access to the Application, to any accounts or credentials that are not yours, or to any connected networks or systems.
- Credentials and Account Security
You are responsible for protecting any user name, password, access code, or other credentials you use to access the Application (together, "Credentials"). You must:
- keep your Credentials private and not share them with anyone;
- use the Application only under your own Credentials;
- tell Bison right away if your Credentials are lost or stolen, if someone uses them without permission, or if there is any other security problem with the Application; and
- be responsible for activity under your Credentials that results from your own actions or failure to act.
Bison may at any time, and consistent with applicable law, the Herd2Go Privacy Policy, and applicable Bison Policies: (a) issue, change, suspend, disable, reset, or revoke your Credentials or access to the Application; (b) require, as conditions of access, multi-factor authentication, supported Application versions, supported operating-system versions, and other Application-level security controls, and restrict or block access where those conditions are not met; (c) on any device that Bison owns or issues to you for use of the Application, require you to install or enroll in mobile device management, endpoint security, or similar tools; and (d) monitor, log, review, and audit access to and use of the Application, and security, access, and business-use information generated through the Application, for security, safety, compliance, operational, investigative, and policy-enforcement purposes. If you access the Application on a device that Bison does not own or issue (including a personal device or a device owned by your employer or carrier), you are responsible for using the Application on a supported device and operating system, keeping the Application up to date, applying available Application security updates, using a device passcode or equivalent where required for the Application to function, and not allowing others to use the Application under your Credentials; Bison's remedy for any failure of these conditions is limited to refusing, restricting, or ending your access to the Application. You should not expect privacy in your business use of the Application or in records, logs, or telemetry generated through the Application; this does not create any expectation of access to, or inspection of, your personal device or any unrelated personal activity. The scope of monitoring of Application use and data, and the handling of information collected through the Application, are described in, and governed by, the Herd2Go Privacy Policy and applicable Bison Policies. Nothing in these Terms gives Bison the right to manage, monitor, access, or control any personal device, personal account, or other non-Bison device or account beyond the Application, its enabled permissions, and the data the Application processes.
- Safe Use of the Application
Use the Application safely and legally. Follow all laws, regulations, and Bison policies, including those on distracted driving and workplace safety. Do not use the Application while driving or while doing anything else that needs your full attention for safety.
- Mobile Network and Device Charges
If you access the Application on a device that Bison does not own or issue (including a personal device or a device owned by your employer or carrier), you are responsible for getting and paying for the mobile device, operating system, data plan, and other equipment and services you need to use the Application on that device, and your mobile carrier may charge you for data, messages, roaming, or other services, for which Bison is not responsible. The foregoing does not apply to the extent reimbursement or cost allocation is required by applicable law or by a written arrangement between you (or your employer or carrier) and Bison. Bison is responsible for the acquisition and carrier costs associated with devices Bison owns and issues or makes available to you for use of the Application.
- Intellectual Property
The Application, and all related content, software, designs, text, graphics, interfaces, and other materials, belong to Bison or its licensors. They are protected by copyright, trademark, and other intellectual property laws. You get no ownership or other rights in the Application except the limited license in these Terms. Bison and its licensors keep all other rights.
When you use the Application, you may see, receive, create, or send non-public information belonging to, or held by, Bison, its affiliates, customers, vendors, drivers, contractors, employees, or other third parties. This includes dispatch and routing information, load, shipment, and customer information, pricing, rates, and financial information, personnel and contractor information, location, telematics, and device information, login credentials, system and security information, and any personal information about Bison personnel, customers, or other individuals (together, "Company Information"). All Company Information remains the property of Bison, its affiliates, or the applicable third party.
You may use Company Information only to do your authorized work for Bison, and only through the Application and other channels Bison has approved in writing or by Bison Policy. You must not use Company Information for personal benefit, for anyone else's benefit, or for any purpose outside your authorized work. You must not disclose, send, publish, post, copy, export, or share Company Information with anyone who is not authorized by Bison to receive it, and you must not route Company Information through any channel, account, device, service, or medium other than the Application and channels Bison has approved. Compliance with this paragraph is your responsibility, and these duties apply regardless of whether Bison is able to detect a breach. This duty applies while you are authorized to use the Application and continues after that for as long as the information is still non-public or is protected by law, Bison Policies, or another agreement between you and Bison.
You must not store, cache, back up, screenshot, photograph, print, forward, transmit, or otherwise copy Company Information to, or through, any personal account, personal device, personal email, personal cloud storage, messaging app, removable media, AI or other automated tool, or other location, channel, or service that Bison has not approved, and you must not retain Company Information in any such location, channel, or service. You will take reasonable steps to protect Company Information, including keeping the device you use to access the Application reasonably secure, locking that device when it is not in use, not sharing your Credentials, and promptly reporting any suspected or actual loss, theft, unauthorized access, disclosure, or other security problem to Bison as required by applicable Bison Policies. If Company Information includes personal information about any individual, you will handle it under the Herd2Go Privacy Policy, applicable Bison Policies, and applicable privacy laws, and only for the authorized business purposes for which it was made available to you. Compliance with this paragraph is your responsibility, and your obligations apply regardless of whether Bison is able to detect a breach; nothing in this Section 7 gives Bison the right to access, inspect, monitor, or control any personal device or personal account beyond the Application, its enabled permissions, and the data the Application processes.
This Section adds to, and does not replace, any confidentiality, non-disclosure, non-solicitation, intellectual property, or similar duties you owe Bison under any employment agreement, contractor agreement, policy, or other agreement, all of which stay in full force.
You acknowledge that any actual or threatened breach of this Section, any misuse of Credentials, or any unauthorized access to or use of the Application or Company Information may cause irreparable harm to Bison for which monetary damages would be inadequate, and that Bison is entitled to seek injunctive or other equitable relief, without the need to post bond or other security where permitted by law, in addition to all other rights and remedies available at law or in equity.
- Data and Permissions
The Application collects, creates, and processes information when you use it, including location, device, network, usage, operational, communications, and authentication information generated through the Application or necessary to enable its functions. You acknowledge and agree that, as a workforce tool and through the Application and its enabled permissions, the Application may be used to: (a) collect location information where required for dispatch, safety, hours-of-service, routing, or other authorized business purposes; (b) capture and retain business communications, messages, forms, and records exchanged through the Application; (c) generate Application-level security, access, and diagnostic information about how the Application is being used and whether it is operating securely; and (d) retain Application data and related records for operational, safety, compliance, audit, investigation, legal-hold, and recordkeeping purposes, including after the end of your access. You further acknowledge that your expectations of privacy in your business use of the Application and in records generated through the Application are limited accordingly, in each case subject to applicable law; this does not create any expectation of access to, or inspection of, your personal device or any unrelated personal activity. The categories of information processed through the Application, and the specific purposes, recipients, and retention practices, are described in the Herd2Go Privacy Policy.
Bison, its affiliates, and their service providers collect, use, share, and retain this information for Bison's business, operational, safety, security, compliance, and legal purposes. The specific purposes, recipients, and retention practices are described in the Herd2Go Privacy Policy.
The Herd2Go Privacy Policy is incorporated into these Terms and governs the collection, use, sharing, and retention of information processed through the Application. In the event of any conflict on a privacy matter, the order of precedence in Section 17 applies.
The Application also requires certain device permissions and settings to operate as a work tool, including for logistics, dispatch, safety, and communications features. These permissions are user-controlled settings on any personal device, and you may grant, change, or withdraw them through your device's standard controls; the Application will operate only to the extent the permissions it needs are enabled. The specific permissions the Application uses and how related information is handled are described in the Herd2Go Privacy Policy. Subject to the foregoing, your device-level controls may include:
- managing the device permissions you give the Application, such as location and notifications;
- turning location services on or off on your device;
- turning push notifications on or off; and
- asking Bison to deactivate your account through Bison's standard access-management and offboarding process, subject to Bison's business and recordkeeping needs.
Turning off or limiting permissions or features may stop some or all of the Application from working, may prevent you from performing required duties, and may result in inaccurate or incomplete records, and Bison may restrict or end access to Application functions that depend on disabled permissions. Nothing in this Section 8 gives Bison the right to access, inspect, or monitor any personal device or personal account beyond the Application, its enabled permissions, and the data the Application processes.
- Applicable Privacy Rights
Applicable privacy rights, including any rights you may have to access, correct, delete, object to or limit processing of, or obtain a copy of your personal information, and the process for exercising those rights, are described in the Herd2Go Privacy Policy. Requests may be submitted using the contact information in that document, and Bison will handle them as required by applicable law.
- Children's Privacy
The Application is for authorized adult workers only and is not directed to children. Additional information regarding children's privacy is set out in the Herd2Go Privacy Policy.
- Disclaimers
The Application is provided on an "as is" and "as available" basis. To the fullest extent allowed by law, Bison and its affiliates, licensors, and suppliers disclaim all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including any warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, and quiet enjoyment. Bison does not promise that the Application will run without interruptions or errors, be secure, be free of harmful components, or that any problems will be fixed.
Operational reliance. Information made available through the Application, including trip, load, route, location, status, messaging, scheduling, document, notification, and similar content, is provided for informational and administrative convenience only. It is not a substitute for, and does not replace, any dispatch instruction, safety procedure, hours-of-service or other regulatory requirement, routing or equipment directive, customer or site requirement, or other operational instruction issued to you by Bison or applicable authorities outside the Application. You must continue to follow all such instructions and requirements, exercise independent professional judgment, and comply with all applicable laws, regulations, and Bison Policies, including those governing safety, hours of service, vehicle operation, cargo handling, and recordkeeping, regardless of anything displayed, omitted, delayed, or unavailable in the Application. In the event of any conflict or inconsistency between information in the Application and an instruction, requirement, or record issued outside the Application, the latter controls unless Bison expressly directs otherwise in writing. To the fullest extent permitted by law, Bison and its affiliates, licensors, and suppliers are not responsible for any decision made, action taken, or failure to act in reliance on information in, or the availability or unavailability of, the Application.
- Limitation of Liability
To the fullest extent permitted by law, Bison and its affiliates, licensors, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to your use of, or inability to use, the Application. This applies whether the claim is based on contract, tort (including negligence), statute, or any other legal theory, and whether or not Bison was advised of the possibility of such damages. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law.
- Mobile Platforms and Third-Party Software
The Application may include or use software, libraries, services, or other parts from third parties ("Third-Party Components"). Third-Party Components may have their own separate terms and licenses set by the third party. Bison makes no promises about Third-Party Components and is not responsible for them.
The Application is licensed, not sold, to you. Your rights to access and use the Application are limited to the license in these Terms, and no ownership rights are transferred to you by Bison, its affiliates, or its licensors.
The Application is made available through the Apple App Store (operated by Apple Inc., "Apple") and the Google Play Store (operated by Google LLC, "Google") (each, a "Platform Provider"). These Terms are between you and Bison only; no Platform Provider is a party to these Terms, and no Platform Provider has any obligation to provide maintenance, support, warranty, or other services for the Application. Bison, and not any Platform Provider, is solely responsible for the Application, including any maintenance, support, and warranties that apply to the extent required by law or separately agreed by Bison and not effectively disclaimed under these Terms.
If you download or use the Application on an Apple-branded device, the license granted in these Terms is further limited to a non-transferable license to use the Application on an Apple-branded product that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Application may be accessed by other accounts associated with you through Family Sharing or volume purchasing only to the extent Bison expressly allows. If the Application fails to conform to any applicable warranty that cannot be disclaimed under law and that applies to an Application obtained through the Apple App Store, you may notify Apple, and Apple will refund the purchase price (if any) for the Application; to the fullest extent permitted by law, Apple will have no other warranty obligation with respect to the Application.
Bison, and not any Platform Provider, is responsible for addressing any claims by you or any third party about the Application or your possession or use of it, including product liability claims, claims that the Application fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws, subject to the limits of liability in these Terms. If a third party claims that the Application or your possession and use of it infringes that party's intellectual property rights, Bison, and not any Platform Provider, will be solely responsible for the investigation, defense, settlement, and discharge of that claim, subject to the limits of liability in these Terms.
You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not on any U.S. Government list of prohibited or restricted parties.
You acknowledge that each Platform Provider, and that Platform Provider's subsidiaries, are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary, subject to the limitations of liability and disclaimers in these Terms.
Your access to and use of the Application is also subject to the terms, policies, and usage rules of the Platform Provider you obtained the Application from, and of the maker of your device, your mobile operating system provider, and your wireless carrier. You are responsible for following all of those third-party terms. The Application may be updated from time to time, including through automatic updates from the Platform Provider or Bison, and updates may be required for continued use.
- Changes to These Terms
Bison may update these Terms from time to time. For changes that are not material, the updated Terms take effect when we post them in the Application or share them in another reasonable way, and your continued use of the Application after that time constitutes your acceptance of the updated Terms. For material changes — including changes that materially expand monitoring, logging, or auditing of your Application use or of records, logs, or telemetry generated through the Application, changes that would extend Bison's monitoring, inspection, access, or control rights beyond the Application, its enabled permissions, and the data the Application processes, materially change device-related security requirements, materially change the handling of your personal information as described in the Herd2Go Privacy Policy, or change the governing law, jurisdiction, or dispute-resolution provisions of these Terms — Bison will provide reasonable advance notice (for example, by in-App notice, email, or another method reasonably designed to reach Authorized Users) before those changes take effect, except where a shorter notice period is required by law, regulator, court order, or security or safety necessity. If you do not agree to a change, you must stop accessing and using the Application; continued use of the Application after the effective date of the change constitutes your acceptance. Nothing in this Section limits Bison's right to suspend or end your access under Section 2 or to enforce applicable Bison Policies.
- Governing Law and Jurisdiction
These Terms, and any dispute or claim about these Terms or the Application, are governed by the laws of the Province of Manitoba and the federal laws of Canada that apply there, without regard to conflict-of-laws rules. You agree that any such dispute or claim must be brought only in the federal or provincial courts in Manitoba, Canada, and you accept the exclusive jurisdiction of those courts.
- General Provisions
These Terms, together with the Herd2Go Privacy Policy (as incorporated under Section 8) and any other documents stated to be part of them, are the entire agreement between you and Bison about your access to and use of the Application, and they replace any earlier or contemporaneous agreements solely on that topic. These Terms do not replace, and are in addition to, (i) applicable Bison Policies and (ii) any employment agreement, contractor agreement, confidentiality, non-disclosure, non-solicitation, intellectual property, or similar agreement between you and Bison or an affiliate, each of which remains in full force in accordance with its terms and applies alongside these Terms as provided in the order of precedence below. If any part of these Terms is found invalid or unenforceable, it will be enforced to the fullest extent allowed by law, and the rest of the Terms will stay in effect. If Bison does not enforce a part of these Terms, that does not waive that part or any other part. You may not assign or transfer these Terms, or any of your rights or duties under them, without Bison's written consent. Bison may assign these Terms without restriction. Headings are for convenience only and do not affect how these Terms are read.
Order of precedence. In the event of a conflict between these Terms and another Bison document on a matter covered by both, the following order of precedence applies: (a) on any privacy matter, the Herd2Go Privacy Policy controls; (b) on any workplace conduct, information security, safety, device security, records, or similar operational matter, the applicable Bison policy, code, standard, or procedure ("Bison Policy") controls, unless these Terms expressly state otherwise; and (c) on all other matters relating to the license to access and use the Application, these Terms control. Nothing in these Terms supersedes or limits any employment, contractor, carrier, confidentiality, non-disclosure, non-solicitation, intellectual property, or similar agreement between you (or your employer or carrier) and Bison or an affiliate, each of which remains in full force in accordance with its terms.
- Contact Information
If you have questions about these Terms or the Application, or if you want to use any privacy rights described in these Terms, contact Bison at:
Email: smacdonald@bisontransport.com
Mailing Address:
Bison Transport Inc.
ATTN: Privacy
1001 Sherwin Road
Winnipeg, MB, R3H 0T8
Canada