Terms of Service

1. Definitions

• "Pasa Puerto," "Company," "we," or "us" means TECH-MEX LLC.
• "Service" means the PasaPuerto software platform, including all applications, assessments, reports, and certificates.
• "Customer" means any motor carrier, fleet operator, or entity subscribing to the Service.
• "User" means any individual accessing the Service, including drivers and administrators.
• "Driver Qualification File (DQF)" refers to records maintained by motor carriers under applicable regulations, including 49 CFR § 391.11.

2. No Government Endorsement

• Pasa Puerto is a private educational and assessment platform.
• The Service is not affiliated with, endorsed by, or approved by the U.S. Department of Transportation, the Federal Motor Carrier Safety Administration, or any other governmental authority.
• Use of the Service does not satisfy any federal or state regulatory requirement, including driver qualification, training, or compliance obligations.

3. No Guarantees / Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PASAPUERTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT

Pasa Puerto does not guarantee that:

• A User will pass a roadside inspection
• A driver is compliant with DOT or FMCSA regulations
• A driver meets English proficiency requirements
• Any certificate reflects real-world competency

All outputs (scores, reports, certificates) are informational and diagnostic only.

4. Motor Carrier Responsibility (Critical Regulatory Clause)

Under applicable federal law, including 49 CFR § 391.11, the motor carrier bears sole and non-delegable responsibility for determining driver qualification.

Pasa Puerto:

• Does not certify driver qualification
• Does not make hiring or dispatch decisions
• Does not act as a compliance authority or auditor

The Customer retains exclusive responsibility for:

• Driver qualification determinations
• Compliance with all DOT/FMCSA regulations
• Dispatch decisions
• Safety and operational outcomes

5. Certificate Disclaimer

Certificates of completion:

• Are not regulatory certifications
• Do not satisfy any federal qualification requirement
• Are provided solely as internal documentation tools

Use of certificates in a Driver Qualification File (DQF) is at the sole risk and discretion of the Customer.

6. User Obligations and Anti-Fraud Policy

Users agree to provide accurate, current, and complete information.

The Customer is solely responsible for:

• Verifying User identity
• Preventing impersonation or account sharing
• Maintaining assessment integrity

Pasa Puerto does not guarantee that:

• The person completing an assessment is the registered User
• Results are free from fraud or third-party assistance

Any misuse may invalidate results or certificates.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PASA PUERTO SHALL NOT BE LIABLE FOR:

• LOST PROFITS OR REVENUE
• DELAYED OR DISRUPTED FREIGHT
• CSA SCORE IMPACTS OR SAFETY RATINGS
• DOT OR REGULATORY FINES OR PENALTIES
• DRIVER OUT-OF-SERVICE (OOS) ORDERS
• ACCIDENTS, COLLISIONS, OR NEGLIGENCE CLAIMS

ARISING FROM:

• Use or reliance on the Service
• Driver performance or misconduct
• Any decision to hire, qualify, or dispatch a driver

Liability Cap: IN NO EVENT SHALL PASAPUERTO'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY THE CUSTOMER IN THE PRECEDING TWELVE (12) MONTHS.

8. Indemnification

Customer agrees to defend, indemnify, and hold harmless Pasa Puerto from any claims, damages, or liabilities arising out of:

• Driver qualification decisions
• Regulatory violations
• Accidents or safety incidents
• Misuse of the Service
• Fraudulent or inaccurate data

9. Data Use and Privacy

Use of the Service is also governed by the Privacy Policy in Part II below.

10. Termination

Pasa Puerto may suspend or terminate access for:

• Violation of these Terms
• Fraudulent or abusive behavior
• Non-payment

Upon termination, access to data may be limited as described in the Privacy Policy.

11. Governing Law

These Terms shall be governed by the laws of the State of Texas, without regard to conflict of law principles.

12. Dispute Resolution (Mediation / Arbitration)

Any dispute shall be resolved by mediation first and then by binding arbitration in Texas under the rules of the American Arbitration Association.

The parties waive any right to jury trial or class action.

13. Electronic Acceptance

13.1 Binding Electronic Agreement

By creating an account, accessing, or using the Service, and by clicking "I Agree," "Accept," "Create Account," or any similar button or checkbox presented in connection with these Terms, the User and/or Customer affirmatively agrees to be bound by this Agreement.

Such action constitutes a legally binding electronic signature and has the same force and effect as a handwritten signature.

13.2 Affirmative Assent Requirement

Access to the Service is conditioned upon explicit acceptance of these Terms. Users will be required to:

• Review these Terms via a conspicuous hyperlink
• Indicate acceptance through an unchecked checkbox or equivalent affirmative mechanism

Pre-checked boxes or passive acceptance mechanisms shall not constitute valid acceptance.

13.3 Authority to Bind

If the User is accepting these Terms on behalf of a company or motor carrier, the User represents and warrants that they have full legal authority to bind the entity. In such cases, "Customer" includes the entity, and all obligations apply to it.

13.4 Record of Acceptance

Pasa Puerto will maintain records of acceptance, which may include:

• User identity and account information
• Date and time of acceptance
• IP address and device metadata
• Version of the Terms accepted

These records shall be prima facie evidence of assent and shall be admissible in any legal proceeding.

13.5 Ongoing Acceptance

Continued use of the Service after any update to these Terms constitutes acceptance of the revised Terms. Where required by law or where changes are material, Users may be required to re-affirm acceptance via clickwrap.

13.6 Access to Terms

Users may access the current version of these Terms at any time via the Pasa Puerto website or application. Users are responsible for reviewing the Terms periodically.

13.7 Electronic Communications Consent

By using the Service, Users consent to receive all agreements, notices, disclosures, and communications electronically.

14. Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior agreements.