These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "Fleet Operator," "Provider," or "you") and OTR Tire Bros LLC ("OTR Tire Bros," "Company," "we," "our," or "us"), governing your access to and use of the OTR Tire Bros platform, website, mobile application, and all related services (collectively, the "Platform").
By accessing or using the Platform, creating an account, submitting a registration form, or clicking any button indicating acceptance, you agree that you have read, understood, and consent to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, you must not access or use the Platform. If you are using the Platform on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
OTR Tire Bros operates a two-sided marketplace platform that connects commercial fleet operators ("Fleet Operators") with mobile tire service providers ("Providers"). The Platform enables:
OTR Tire Bros is a technology platform and marketplace only. We do not employ Providers, perform tire services, or guarantee the availability of service in any specific geographic area. The actual tire service is performed by independent Providers who are not employees, agents, or contractors of OTR Tire Bros.
You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use the Platform. By using the Platform, you represent and warrant that you meet these requirements.
To access the Platform's features, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You agree to promptly update your account information to keep it accurate and current. OTR Tire Bros reserves the right to suspend or terminate accounts with inaccurate, incomplete, or fraudulent information.
Providers must complete OTR Tire Bros's verification process, which includes but is not limited to: identity verification, proof of insurance (minimum $1,000,000 general liability), equipment verification, and background screening. OTR Tire Bros reserves the right to reject or remove any Provider who does not meet or maintain these standards.
Access to the Platform is provided through subscription plans as described on our pricing pages. Subscription fees are billed monthly or annually as selected at signup. All fees are stated in U.S. dollars.
In addition to subscription fees, OTR Tire Bros charges a platform service fee on each completed job. This fee ranges from 10% to 25% for Fleet Operators and 8% to 25% for Providers, based on factors including urgency, distance, time of service, and provider tier. The applicable fee will be transparently displayed to Fleet Operators at the time of admin approval and to Providers at the time of job notification. No fees are charged on jobs that are not completed.
Founding members who register during the applicable founding period are entitled to the rates specified at the time of their registration. Fleet Operator founding rates are locked for the life of the account. Provider founding rates of 8% apply for the first six (6) months from account activation, after which standard tier-based rates apply. Founding rates apply to the subscription fee only and do not affect the platform service fee structure unless explicitly stated.
Lifetime membership purchases provide platform access for the life of the Platform. OTR Tire Bros reserves the right to discontinue the Platform with reasonable notice. Lifetime memberships are non-refundable after the 30-day trial period. Lifetime memberships do not exempt members from platform service fees on completed jobs.
Founding members receive a 30-day free trial beginning at account activation, not at the date of registration or letter of intent submission. No charges are applied during the trial period. Cancellation before the trial ends will result in no charges.
Subscription fees are automatically renewed at the end of each billing cycle unless cancelled. You authorize OTR Tire Bros to charge your payment method on file for all applicable fees. Failure to pay may result in suspension or termination of your account.
Provider earnings are disbursed weekly every Friday via Stripe to the bank account on file. Earnings represent the completed job value minus the applicable platform service fee. OTR Tire Bros is not responsible for delays caused by Stripe, banking institutions, or incorrect banking information provided by the Provider. Providers are solely responsible for all tax obligations arising from payments received through the Platform.
Subscription fees are non-refundable except as required by applicable law or as explicitly stated in a written agreement. Platform service fees on completed jobs are non-refundable. Disputes regarding job quality or scope must be resolved between the Fleet Operator and Provider. OTR Tire Bros may, at its sole discretion, issue credits or partial refunds in cases of documented platform error.
OTR Tire Bros's core technology requires Fleet Operator administrator approval before any Provider is notified of or dispatched to a job. By using the Platform as a Fleet Operator, you acknowledge and agree that:
Providers acknowledge that jobs will only be dispatched to them after Fleet Operator admin approval, and that the approval record will be permanently linked to the resulting invoice. Providers may not perform services outside the scope of the approved job without obtaining a new approval.
You agree not to use the Platform for any purpose that is unlawful or prohibited by these Terms. Prohibited activities include but are not limited to:
OTR Tire Bros reserves the right to investigate suspected violations and to suspend or permanently terminate accounts engaged in prohibited activities, with or without notice, and without liability.
Providers using the OTR Tire Bros Platform are independent contractors and not employees, agents, partners, or joint venturers of OTR Tire Bros. Nothing in these Terms shall be construed to create an employment relationship between OTR Tire Bros and any Provider.
Providers are solely responsible for determining their own hours, methods of work, tools, and equipment. Providers are solely responsible for all taxes, insurance, licenses, permits, and compliance with applicable laws relating to their services. OTR Tire Bros does not withhold taxes on behalf of Providers and will issue 1099 forms as required by law.
The Platform, including all content, software, technology, trademarks, service marks, logos, and the patent-pending admin-gated dispatch technology, are the exclusive property of OTR Tire Bros LLC or its licensors. All rights are reserved.
OTR Tire Bros grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended purpose in accordance with these Terms. This license does not include the right to sublicense, sell, resell, transfer, assign, or commercially exploit any portion of the Platform.
By submitting content to the Platform (including job descriptions, photos, reviews, and other materials), you grant OTR Tire Bros a worldwide, royalty-free, perpetual license to use, display, reproduce, and distribute such content in connection with operating and improving the Platform.
The admin-gated dispatch authorization method employed by OTR Tire Bros is the subject of a pending patent application. Unauthorized use, replication, or commercial exploitation of this method is strictly prohibited.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OTR TIRE BROS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OTR TIRE BROS DOES NOT WARRANT OR GUARANTEE THE QUALITY, SAFETY, TIMELINESS, OR LEGALITY OF SERVICES PERFORMED BY PROVIDERS. FLEET OPERATORS ENGAGE PROVIDERS AT THEIR OWN RISK. OTR TIRE BROS IS NOT RESPONSIBLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR OTHER HARM RESULTING FROM SERVICES PERFORMED BY PROVIDERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTR TIRE BROS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM.
IN NO EVENT SHALL OTR TIRE BROS'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO OTR TIRE BROS IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
You agree to indemnify, defend, and hold harmless OTR Tire Bros, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Before initiating any formal dispute process, you agree to contact OTR Tire Bros at [email protected] and attempt to resolve the dispute informally for a period of thirty (30) days.
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in Los Angeles County, California, or via video conference, by a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
OTR Tire Bros reserves the right to suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice, including for violation of these Terms, non-payment, fraudulent activity, or any conduct we determine is harmful to the Platform, other users, or OTR Tire Bros.
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing cycle. Monthly plan subscribers may cancel anytime with no further charges. Lifetime memberships are not subject to cancellation for refund after the 30-day trial period.
Upon termination, your right to access the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination (including intellectual property, indemnification, disclaimers, and dispute resolution) shall survive.
OTR Tire Bros reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after any modification constitutes your acceptance of the updated Terms.
Founding members whose rates are contractually locked will not be subject to rate changes solely as a result of Terms updates, provided their accounts remain in good standing.
These Terms, together with our Privacy Policy and any applicable subscription agreement, constitute the entire agreement between you and OTR Tire Bros regarding your use of the Platform and supersede all prior agreements.
If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
OTR Tire Bros's failure to enforce any provision of these Terms shall not be deemed a waiver of its right to enforce such provision in the future.
You may not assign your rights or obligations under these Terms without OTR Tire Bros's prior written consent. OTR Tire Bros may freely assign these Terms in connection with a merger, acquisition, or sale of assets.
For questions about these Terms, contact us at: [email protected] or by mail at OTR Tire Bros LLC, Yucaipa, United States.