Version 2.7 · Effective September 9, 2026 · Heartbeat Auto Transport Inc.
Important: Parts A and B are published by Heartbeat Auto Transport Inc. ("Heartbeat," "we," "us," or "our") and govern its shipment and dispatch text-messaging program. Parts C and D are published by Magnus Technologies ("Magnus") and govern individual access to and use of the Magnus Platform and Magnus's role as a service provider. Part C contains an arbitration agreement, class-action waiver, jury-trial waiver, disclaimer of warranties, limitation of liability, and one-year claim limitation.
Contents
Heartbeat Auto Transport Inc. is the sender of text messages in this shipment and dispatch messaging program (the "Program"). Program messages may be sent from 17867514130 using the Magnus Platform and telecommunications providers. Magnus provides technology to Heartbeat Auto Transport Inc. but is not the sender. "You" in Parts A and B means the individual who personally enrolls a mobile number in the Program (a "Recipient").
Program messages are operational and may include assignment, dispatch, pickup, delivery, appointment, shipment-status, document, exception, support, safety, authentication, and similar transaction-related communications. The Program is not used for third-party marketing. Frequency varies with your role, activity, and shipments and may be recurring.
You enroll only when you personally provide or confirm the applicable mobile number and affirmatively agree to receive the described Program messages from Heartbeat Auto Transport Inc.. Another person's provision of your number does not, by itself, constitute your consent. If another person supplies your number, recurring Program messages will not begin until you separately confirm consent through an approved enrollment method. Consent is specific to Heartbeat Auto Transport Inc., the number enrolled, and the message categories disclosed at enrollment; it is not a condition of employment, purchase, shipment, or other service. We may retain the date, time, method, disclosure presented, number, sender identity, message categories, and affirmative action evidencing consent.
You may revoke consent at any time by replying STOP to a Program message or contacting mainoffice@heartbeatautotransport.com or 13055885389. We may send one confirmation of the opt-out. No further Program messages will be sent to that number unless you later complete an affirmative re-enrollment process, including by replying START where supported. Revocation does not affect messages lawfully sent before it was processed or non-SMS communications. Requests may require a reasonable period to propagate across systems, subject to applicable law and carrier rules.
Reply HELP for assistance or contact Heartbeat at mainoffice@heartbeatautotransport.com or 13055885389. Questions or complaints about Program content, consent, recipients, or frequency must be directed to Heartbeat Auto Transport Inc..
Message and data rates may apply. Carrier participation is not guaranteed. Delivery may be delayed, filtered, duplicated, or unsuccessful because of carrier, device, network, number, or third-party conditions. Neither Heartbeat Auto Transport Inc. nor Magnus guarantees message availability or delivery.
You represent that you control the enrolled number and will promptly tell us if it changes or is reassigned. Do not rely on an SMS as the exclusive record of an instruction or shipment status. Contact Heartbeat if a message is missing, unclear, incorrect, or appears unsafe.
We may update these SMS Terms prospectively. Material changes will be presented as required by law or applicable policy. The current version is available at https://heartbeat.vtvsolutions.com/Oviss/Public/TermsOfUse#sms-terms. Contact: Heartbeat Auto Transport Inc., 2410 NW 87th Place, Doral, FL, 33172, mainoffice@heartbeatautotransport.com, 13055885389.
Heartbeat Auto Transport Inc. may collect a Recipient's name, role, mobile number, source of the number, consent and revocation records, shipment or operational references, message content and replies, timestamps, delivery status, and related support records.
Heartbeat Auto Transport Inc. uses this information to enroll and communicate with Recipients, operate the Program, send the messages described in Part A, honor choices, provide support, prevent misuse, document compliance, and maintain records required for its employment, contracting, transportation, or logistics operations.
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information may be shared with subcontractors that support the Program, including platform, hosting, security, and telecommunications providers, solely as permitted to provide supporting services. Text-messaging originator opt-in data and consent will not be sold or shared with third parties for their independent marketing or promotional purposes.
Magnus hosts and processes Program information for Heartbeat Auto Transport Inc. under the Customer Agreement. Telecommunications and other service providers may process information to transmit and support messages. These providers are not parties to this policy and do not assume Heartbeat Auto Transport Inc.'s obligations to Recipients.
Heartbeat Auto Transport Inc. retains Program records for as long as reasonably necessary for the Program, an applicable relationship or shipment, compliance, dispute resolution, and legitimate recordkeeping. You may opt out as stated in Part A and may request access or correction by contacting mainoffice@heartbeatautotransport.com. Applicable non-waivable privacy rights remain unaffected.
Heartbeat Auto Transport Inc., 2410 NW 87th Place, Doral, FL, 33172, mainoffice@heartbeatautotransport.com, 13055885389. The current policy is available at https://heartbeat.vtvsolutions.com/Oviss/Public/TermsOfUse#privacy.
Binding agreement. By selecting "I Agree" or otherwise completing Magnus's affirmative acceptance process, you acknowledge that you have read and agree to this Part C. If you do not agree, do not access or use the Magnus Platform. Merely receiving an SMS does not constitute acceptance of Part C.
"Customer" means the legal entity that contracted with Magnus and authorized your access. "Customer Agreement" means the applicable agreement between Magnus and Customer. "Customer Data" means data, content, messages, files, instructions, records, and personal information submitted, provided, managed, selected, controlled, generated, or made available by or for Customer or its users. "Magnus Platform" means Magnus-provided websites, applications, APIs, integrations, documentation, communications, features, and services. "Magnus Parties" means Magnus and its affiliates, licensors, suppliers, service providers, personnel, officers, directors, and agents. "You" means the individual accessing or using the Magnus Platform. These Terms bind you individually; they do not amend the Customer Agreement or bind Customer unless you possess actual authority to enter an agreement on Customer's behalf.
You must be at least 18, authorized by Customer, and use the Magnus Platform only for authorized internal business purposes. Your access is derivative of Customer's rights and may not exceed them. You are not a third-party beneficiary of the Customer Agreement. If these Terms conflict with the Customer Agreement, the Customer Agreement controls solely as between Magnus and Customer; these Terms control the relationship between Magnus and you unless the Customer Agreement expressly states otherwise.
Subject to continuing compliance, Magnus grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Magnus Platform in the form provided and only for Customer's authorized internal operations. Magnus may suspend or terminate access immediately if it reasonably determines that access presents a security, legal, regulatory, operational, financial, reputational, or third-party risk; violates these Terms or the Customer Agreement; or may harm Magnus, Customer, a user, or another person. Magnus may otherwise discontinue access in its discretion, subject only to an express obligation owed to Customer under the Customer Agreement.
You will not, and will not assist anyone to: copy, modify, distribute, sublicense, sell, lease, time-share, or create derivative works of the Magnus Platform; reverse engineer, decompile, discover source code, architecture, algorithms, schemas, data models, or nonpublic ideas; scrape, crawl, mine, bulk-extract, or use unauthorized automation; bypass limits or access controls; probe or test security without written authorization; interfere with operation or impose unreasonable load; introduce harmful code; access another user, Customer, or system without authorization; remove proprietary notices; publish nonpublic benchmarks or competitive analyses; use the Magnus Platform, its nonpublic information, or outputs to build, train, fine-tune, evaluate, benchmark, or improve a competing product, dataset, or AI model; send unlawful or nonconsensual communications; upload unlawful data; misrepresent identity or authority; share credentials; or use the Magnus Platform unlawfully, fraudulently, unsafely, or contrary to Customer instructions.
You are responsible for activity under your credentials, devices, and sessions and must promptly report suspected compromise to Customer and legal@magnustech.com. Magnus may require authentication changes or identity verification. To the extent permitted by law, Magnus's logs, authentication records, message records, timestamps, clickwrap records, and other electronically stored information are admissible and, absent manifest error, constitute prima facie evidence of recorded activity. Magnus may preserve and audit such records for security, support, enforcement, compliance, and dispute resolution.
All Customer Data, including personal information, sensitive personal information, shipment data, contact information, instructions, message content, and recipient selections, is provided, input, selected, managed, or controlled by Customer or its users, not independently sourced by Magnus. Customer determines the purposes and means of its business processing and is responsible for the legality, accuracy, quality, notices, permissions, consents, retention, disclosure, recipients, and instructions associated with Customer Data. You represent and warrant that you are authorized to submit and use Customer Data; it is accurate to the extent required for its use; its collection, use, transfer, storage, and processing comply with law, the Customer Agreement, notices, consents, and third-party rights; and you will not place payment-card, health, biometric, government-identifier, or other specially regulated data in general-purpose fields unless expressly supported and authorized. Nothing in these Terms eliminates a duty imposed directly and non-waivably on Magnus by applicable law.
Magnus and its licensors own the Magnus Platform, software, documentation, designs, workflows, interfaces, models, and all related intellectual-property rights. Customer Data is governed by the Customer Agreement. "Usage Data" means technical, operational, performance, security, diagnostic, configuration, and interaction data concerning operation and use of the Magnus Platform. Usage Data does not include identifiable message content, telephone numbers, names, precise location, Customer Data, or information reasonably capable of association with a Customer, user, driver, shipment, or recipient, except to the extent used internally to provide, secure, support, troubleshoot, improve, bill for, or comply with law concerning the Magnus Platform. "De-identified Data" means data processed so it cannot reasonably be linked to a Customer or identifiable natural person. Magnus may use, retain, disclose, and commercialize Usage Data and De-identified Data for lawful purposes, including analytics, benchmarking, security, research, and product improvement; Magnus will not attempt to re-identify De-identified Data except to test de-identification controls or as permitted by law. You assign to Magnus all rights in feedback and suggestions without restriction, attribution, or compensation.
Nonpublic Platform functionality, software, documentation, schemas, workflows, screen designs, pricing, performance and benchmark information, security information, roadmap information, support communications, and other information reasonably understood as confidential are "Magnus Confidential Information." You will use it only for authorized Customer operations, protect it with at least reasonable care, disclose it only to authorized personnel bound to protect it, promptly notify Magnus of suspected unauthorized access or disclosure, and return or destroy it on request. Confidential Information excludes information you can document is public through no breach, independently developed without use of it, or rightfully received without duty. Unauthorized disclosure may cause irreparable harm for which Magnus may seek equitable relief.
Depending on features enabled by Customer, applications may collect device, network, approximate or precise location, background location, motion, camera, photo, and file information. You may manage device permissions through device settings, but disabling a permission may prevent some or all functionality. Where collection is required for your role or Customer's operations, direct questions to Customer. You are responsible for device security, connectivity, and charges. To the maximum extent permitted by law, you should have no expectation that activity through a Customer-provided account is private from Customer or Magnus. Magnus may monitor, log, review, disclose, and retain activity as described in these Terms, the Customer Agreement, and applicable privacy notices. Nothing limits a non-waivable privacy right.
The Magnus Platform is an administrative, communications, decision-support, and recordkeeping tool. Magnus does not operate, control, inspect, dispatch, supervise, or assume responsibility for any vehicle, driver, carrier, broker, shipment, route, or transportation activity. Customer alone determines assignments, routing, appointments, equipment suitability, carrier selection, driver qualification, hours-of-service compliance, maintenance, cargo securement, insurance, permits, hazmat compliance, and regulatory compliance. Drivers retain ultimate responsibility for safe operation and must not view, type, or interact with the Platform while driving except through lawful hands-free use. Platform information never overrides law, signs, road conditions, law enforcement, safety rules, vehicle limits, or professional judgment. ETA, mileage, rate, route, capacity, hours-of-service, carrier-qualification, safety, risk, and optimization results are estimates and are not guarantees of legality, feasibility, safety, profitability, compliance, or performance.
The Magnus Platform may depend on or interoperate with maps, geocoding, telecommunications, hosting, cloud infrastructure, email, payments, Customer-configured systems, external APIs, government and FMCSA data, ELD, GPS, telematics, weather, traffic, toll, mileage, AI, and optimization services. Third-party services and data may be unavailable, delayed, incomplete, inaccurate, changed, filtered, or governed by separate terms. Magnus is not responsible for third-party acts, omissions, terms, data, security, availability, or decisions and may change or discontinue an integration at any time.
Beta, preview, pilot, evaluation, AI-generated, optimization, or experimental features may be incomplete, inaccurate, unsupported, changed, or withdrawn at any time. They must not be used as the sole basis for safety-critical, employment, eligibility, compliance, or legally determinative decisions. Unless expressly stated in the Customer Agreement, they carry no service level, warranty, indemnity, data-retention commitment, or promise of continued availability. You must independently review outputs and remain responsible for decisions and actions.
Magnus may modify or discontinue features and may update these Terms prospectively. Material revisions will be presented for affirmative reacceptance when Magnus determines reacceptance is required. Access may be interrupted for maintenance, security, compliance, error correction, Customer request, or other operational reasons. Upon termination, your license ends and you must cease use and remove locally retained Magnus Confidential Information and Platform content, subject to legal retention duties. Magnus owes you no duty to preserve or provide Customer Data.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAGNUS PLATFORM, ALL CONTENT, DATA, OUTPUTS, AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." THE MAGNUS PARTIES DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY, AND ERROR-FREE OPERATION. NO OUTPUT, MESSAGE, ROUTE, RATE, SCHEDULE, QUALIFICATION, RECOMMENDATION, OR OTHER RESULT MAY BE RELIED UPON WITHOUT INDEPENDENT VERIFICATION. NO ORAL OR WRITTEN INFORMATION CREATES A WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO MAGNUS PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR ENHANCED DAMAGES; LOST PROFITS, REVENUE, SAVINGS, BUSINESS, DATA, USE, GOODWILL, OR OPPORTUNITY; BUSINESS INTERRUPTION; PERSONAL INJURY, PROPERTY DAMAGE, CARGO LOSS, DELAY, MISDELIVERY, REGULATORY PENALTIES, OR THIRD-PARTY CLAIMS; OR DAMAGES ARISING FROM CUSTOMER DATA, A TRANSPORTATION DECISION, A THIRD-PARTY SERVICE, UNAUTHORIZED ACCESS, OR RELIANCE ON PLATFORM OUTPUTS, UNDER ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY.
IF, NOTWITHSTANDING THE FOREGOING, ANY MAGNUS PARTY IS FOUND LIABLE, THE TOTAL AGGREGATE LIABILITY OF ALL MAGNUS PARTIES ARISING OUT OF OR RELATING TO THE MAGNUS PLATFORM, THESE TERMS, OR THEIR SUBJECT MATTER WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100). THESE EXCLUSIONS AND LIMITATIONS APPLY COLLECTIVELY TO ALL CLAIMS, EVENTS, PERSONS, AND THEORIES AND ARE NOT ENLARGED BY MULTIPLE CLAIMS, CLAIMANTS, INCIDENTS, AGREEMENTS, FEATURES, OR SERVICES. WHERE LAW PROHIBITS A LIMITATION, IT APPLIES TO THE MAXIMUM EXTENT PERMITTED.
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the Magnus Parties from third-party claims, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and reasonable attorneys' fees arising from your breach of these Terms; unlawful, unauthorized, negligent, or willful acts; Customer Data or content you submit, select, send, or disclose; infringement or violation of third-party rights; messaging or consent violations; or disputes between you, Customer, and third parties. Magnus may control the defense with counsel of its choice; you will cooperate and may not settle a matter imposing liability, admission, obligation, or restriction on a Magnus Party without Magnus's written consent. Indemnification is triggered by a covered claim and does not establish that an unsubstantiated allegation is true.
No use of the Magnus Platform creates an employment, joint-employment, agency, partnership, joint venture, fiduciary, brokerage, motor-carrier, freight-forwarder, shipper, insurer, legal-advisory, accounting, safety-consulting, or other professional relationship between any Magnus Party and Customer, you, a driver, a carrier, a shipment party, or another person. You have no authority to bind Magnus.
Before arbitration, the claimant must send an individualized written Notice of Dispute to Magnus Technologies, Attn: Legal, 6500 River Place Boulevard, Austin, Texas 78730, with a copy to legal@magnustech.com. It must state the claimant's name and contact information, Customer and account, facts, legal basis, requested relief, and personally signed certification of completeness and good-faith intent. The parties will attempt in good faith to resolve the dispute for 60 days after receipt. Limitations periods are tolled during that period. This process is a condition precedent to arbitration.
Federal Arbitration Act. The Federal Arbitration Act governs this Section. Except for small-claims matters and Magnus claims seeking injunctive or equitable relief to protect security, access controls, confidentiality, intellectual property, or prevent unauthorized use, every dispute arising from or relating to the Magnus Platform, these Terms, or dealings with a Magnus Party will be resolved by final, binding, individual arbitration.
Administrator and rules. Arbitration will be administered by the American Arbitration Association ("AAA") under the rule set applicable to the dispute: Consumer Arbitration Rules for a qualifying consumer dispute, Employment Arbitration Rules for a qualifying employment dispute, and Commercial Arbitration Rules otherwise, together with applicable Mass Arbitration Supplementary Rules. If AAA is unavailable or refuses administration, the parties will attempt to select another nationally recognized administrator; failing agreement, a court may appoint one under 9 U.S.C. ยง 5. One arbitrator will conduct the proceeding. Hearings will occur remotely unless the arbitrator finds an in-person hearing necessary; any in-person hearing will occur in Austin, Travis County, Texas, except where governing rules or law require otherwise.
Delegation and individual relief. The arbitrator exclusively decides arbitrability, scope, validity, and enforceability, except a court decides challenges to the class, representative, coordinated-filing, batching, or mass-arbitration provisions. The arbitrator may award relief only to the individual claimant and only to the extent necessary to resolve that claim.
Coordinated demands. Substantially similar demands submitted with coordinated counsel or assistance will be governed by AAA's applicable mass-arbitration procedures. Any test-case, batching, bellwether, mediation, or staged-fee process ordered under those rules will apply. No demand may proceed contrary to the required informal-dispute process.
YOU AND MAGNUS EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO BRING, JOIN, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION. IF THIS WAIVER IS FINALLY HELD UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REMEDY, THAT CLAIM OR REMEDY WILL PROCEED IN COURT AFTER ALL ARBITRABLE MATTERS ARE COMPLETED.
Opt-out. You may opt out of this arbitration Section only by personally sending written notice to the postal and email addresses above within 30 days after your initial acceptance of these Terms. The notice must include your name, Customer, account email, mailing address, and an unequivocal statement that you opt out of arbitration. Opting out does not affect other provisions or any arbitration agreement previously accepted.
This Section survives termination. If an arbitration provision conflicts with administrator rules, this Section controls to the extent permitted by law.
Texas law governs without regard to conflict rules, except the Federal Arbitration Act governs arbitration. Any matter permitted in court must be brought exclusively in state or federal courts located in Travis County, Texas, and you consent to personal jurisdiction and venue there. To the maximum extent permitted by law, any claim must be commenced within one year after it accrued, notwithstanding any longer statutory period, or it is permanently barred.
You will comply with applicable export-control, sanctions, import, and anti-boycott laws and will not permit access from an embargoed jurisdiction or by a prohibited person.
These Terms are the entire agreement between Magnus and you concerning individual Platform use. Failure to enforce is not a waiver; a waiver must be written. Rights and remedies are cumulative. If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remainder remains effective. Magnus may assign these Terms; you may not without written consent. Magnus is not liable for delay or failure beyond its reasonable control. Headings do not affect interpretation. Electronic acceptance and records have the same effect as originals. Provisions that by nature should survive do survive, including ownership, confidentiality, disclaimers, limitations, indemnity, dispute resolution, and general terms. There are no third-party beneficiaries except the Magnus Parties entitled to enforce protections expressly granted to them.
In connection with Program messages: (1) Heartbeat Auto Transport Inc. is the sender and controller. It selects recipients, timing, purpose, and content and is solely responsible for the Customer Data, telephone numbers, recipient relationship, notices, consents, opt-outs, and legal basis. (2) Magnus is a technology service provider. Magnus processes Customer Data for Heartbeat Auto Transport Inc. under the Customer Agreement and does not independently originate Customer's business content or determine its recipients. (3) No delivery guarantee. Magnus is not responsible for carrier, network, provider, device, filtering, blocking, delay, duplication, alteration, or failure. (4) Privacy boundary. Magnus does not sell or use identifiable Recipient mobile information for its own independent marketing. Magnus may use Usage Data and De-identified Data only within the boundaries stated in Part C, Section 7. (5) Recipient requests. Requests concerning message content, consent, frequency, recipient selection, or Customer's privacy practices must be directed to Heartbeat Auto Transport Inc. using Part B contact information. (6) Magnus protections. Parts C, Sections 14 through 22 apply to any claim asserted against a Magnus Party in connection with Program messages, to the maximum extent permitted by law.
Tenant contact: Heartbeat Auto Transport Inc., 2410 NW 87th Place, Doral, FL, 33172, mainoffice@heartbeatautotransport.com, 13055885389
Questions about these Terms? Contact mainoffice@heartbeatautotransport.com or 13055885389.