Effective August 13, 2026
These Terms of Service (the "Terms") are a binding agreement between Foxx Cyber LLC, which operates RailCompliant ("RailCompliant," "we," "us"), and the organization that subscribes to the Service ("Customer," "you"). By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are accepting on behalf of a railroad, museum, or other organization, you represent that you are authorized to bind it.
RailCompliant is a hosted software service for recording locomotive inspections, tests, maintenance, and related operational data, and for generating reports from those records. We grant you a non-exclusive, non-transferable right to access and use the Service during your subscription term, for your own internal business purposes.
RailCompliant is a recordkeeping tool, not a regulatory authority and not legal advice. We reproduce and link to Federal Railroad Administration regulations for convenience, but the official text published by the government always controls. You are solely responsible for determining what 49 CFR Part 229, Part 230, and every other applicable law require of your railroad, for the accuracy and completeness of the records you enter, for inspections actually being performed, and for filing what you are required to file, when you are required to file it.
Due dates, interval calculations, and generated forms are aids. They do not substitute for your own compliance judgment, and we do not warrant that any output satisfies any regulatory obligation.
You are responsible for the accounts you create, for the acts and omissions of your users, and for keeping credentials confidential. Tell us promptly at [email protected] if you believe an account has been compromised. Sign-off and certification permissions within the Service exist so that you can separate doing work from certifying it; how you assign them is your decision and your responsibility.
Subscriptions are billed monthly in advance: a flat base fee plus a per-active-locomotive fee at the rates shown on our pricing page when you subscribe. The per-locomotive count is measured from the active locomotives on your roster and adjusts as you add or retire equipment; adjustments are prorated by our payment processor in the ordinary course.
New subscriptions include a 14-day free trial. A payment method is required to start the trial. Unless you cancel before the trial ends, the subscription converts automatically to a paid subscription and the payment method on file is charged. Payment is processed by Stripe, Inc.; by subscribing you also agree to Stripe's terms as they apply to you. Fees are stated in U.S. dollars and are exclusive of taxes, which you are responsible for.
You may cancel at any time from the billing page in the Service or by writing to [email protected]. Cancellation takes effect at the end of the current billing period, and you keep access until then. Fees already paid are non-refundable except where required by law or where we agree otherwise in writing. We may change prices on 30 days' notice; the change applies at your next renewal, and you may cancel before it takes effect.
If a payment fails, we may suspend access after notice and a reasonable opportunity to cure. Suspension does not delete your data.
You own your data. The records, documents, images, and other content you put into the Service ("Customer Data") remain yours. You grant us only the rights needed to host, process, back up, transmit, and display Customer Data in order to provide the Service and to comply with law.
You can export your data at any time while your subscription is active using the export tools in the Service. After termination, you may request an export within 30 days, after which we may delete Customer Data from active systems; residual copies in routine backups age out on our normal backup cycle.
Each customer's records are stored in a logically isolated database schema. We do not sell Customer Data, and we do not use it to train machine-learning models. We may use aggregated, de-identified statistics that do not identify you or any individual to operate and improve the Service.
Do not use the Service to break the law; to store data you have no right to store; to falsify a regulatory record; to probe, scan, or attack the Service or its infrastructure; to circumvent access controls or usage limits; or to resell or provide the Service to third parties who are not your users. We may suspend access to address an active security threat or a violation of this section, and will tell you why as soon as we reasonably can.
We aim to keep the Service available and to respond to support requests within one business day, but the Service is provided without a contractual uptime commitment unless we have signed a separate agreement with you that says otherwise. We may perform maintenance, and will try to schedule disruptive work outside normal operating hours.
Each of us may receive non-public information from the other. The receiving party will protect it with at least reasonable care, use it only to perform under these Terms, and not disclose it except to people who need it and are bound to comparable obligations, or as required by law.
We own the Service, its software, design, and documentation, and all related intellectual property. These Terms grant you no rights in it other than the right to use it as described above. Feedback you send us may be used without obligation or compensation. Regulatory text reproduced in the Service is a work of the United States government.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ITS OUTPUT WILL SATISFY ANY REGULATORY REQUIREMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limits do not apply to your obligation to pay fees, to either party's breach of Section 9, or to liability that cannot be limited under applicable law.
You will defend and indemnify us against third-party claims arising from Customer Data, from your use of the Service in violation of these Terms or applicable law, or from a regulatory action against you, except to the extent the claim arises from our breach of these Terms.
We may update these Terms. For material changes we will give notice by email to the address on your account or by a notice in the Service at least 30 days before they take effect. Continued use after the effective date means you accept the updated Terms; if you do not, you may cancel before they take effect.
These Terms run for as long as you have an account. Either party may terminate for convenience effective at the end of the current billing period, or immediately for the other's material breach that stays uncured 30 days after written notice. Sections 6, 9, 10, 11, 12, 13, and 16 survive termination.
These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. The parties will try in good faith to resolve any dispute informally first; a party must give the other written notice and 30 days to cure before filing suit. Otherwise, the state and federal courts located in Colorado have exclusive jurisdiction, and both parties consent to venue there.
These Terms, together with any order form or written agreement we sign with you, are the entire agreement between us on this subject and supersede prior discussions. If a provision is held unenforceable, the rest stays in force. Neither party may assign these Terms without the other's consent, except in connection with a merger or sale of substantially all assets. Our failure to enforce a provision is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control. Notices to us go to [email protected]; notices to you go to the email on your account.
RailCompliant — A product of Foxx Cyber LLC
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See also our Privacy Policy.