Terms of Service

Effective Date: September 14, 2026

Introduction

Welcome to Smart CTC (“Company”, “we”, “our”, or “us”). These Terms of Service (“Terms”) govern your access to and use of our website located at https://smartctc.com (the “Website”) and the services we provide, including Clean Truck Check testing services, automated testing devices, and related subscriptions (the “Services”).

By accessing or using the Website or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the Website or Services.

By requesting a quote, accepting a proposal or order, paying an invoice, subscribing to, or otherwise using or engaging our Services, you affirmatively agree to these Terms.

If you and Smart CTC enter into a signed proposal, order form, or other written agreement covering particular Services, that agreement is incorporated together with these Terms. In the event of a conflict between these Terms and such signed agreement, the signed agreement will control with respect to the Services covered by that agreement.

These Terms apply to all visitors and users of the Website and Services.

Use of the Website and Services

You may use the Website and Services only for lawful purposes and in accordance with these Terms. The Services are intended for users who require CARB Clean Truck Check testing and related compliance support. You represent that you are at least 18 years old and have the authority to enter into these Terms.

Nature of Services: Our Services are provided for the purpose of facilitating participation in the California Air Resources Board (“CARB”) Clean Truck Check program. Services may be used by businesses and individuals, including owners and operators of vehicles subject to Clean Truck Check requirements. The Services are not intended for personal, household, or recreational purposes unrelated to regulatory compliance.

We reserve the right to modify, suspend, or discontinue the Website or any Website feature at any time. With respect to an active paid subscription, Smart CTC may suspend or limit Services because of nonpayment, Customer's material breach of these Terms, misuse of the Services or Smart CTC equipment, fraud or suspected fraud, safety or security concerns, legal or regulatory requirements, or circumstances outside Smart CTC's reasonable control. Except as otherwise provided in these Terms, Smart CTC will use commercially reasonable efforts to continue providing the core subscribed Services throughout the applicable paid subscription term.

Quotes, Subscriptions, and Payments

You may request quotes for Services through the Website. Quotes are subject to availability and confirmation by Smart CTC.

Services may be offered on an annual testing-services subscription basis or on a per-test basis. Under an annual subscription, Customer is purchasing Smart CTC's testing Services. Any Smart CTC device, cable, or related equipment furnished in connection with the subscription is provided for use with the Services at no separate charge and remains the exclusive property of Smart CTC.

For annual subscriptions:

The subscription term is one year and does not automatically renew.
Customer may renew at the same rate prior to expiration of the current subscription term, unless otherwise provided in a signed agreement with Smart CTC.
Smart CTC devices and related equipment remain the property of Smart CTC throughout and after the subscription term.
If the subscription expires or terminates and is not renewed, Customer must return all Smart CTC devices and related equipment in good condition, reasonable wear and tear excepted, in accordance with Smart CTC's return instructions.
A Device Non-Return Fee of $155 per device applies to any device that is not returned as required.
Payment of a Device Non-Return Fee does not constitute a purchase of the device and does not transfer ownership or title to Customer.

Payments may be processed through third-party payment providers such as Stripe. By providing payment information, you authorize Smart CTC and its payment processors to charge the applicable fees. Smart CTC does not store full payment card details.

We reserve the right to refuse or cancel any quote or subscription because of errors in information, suspected fraud, nonpayment, inability to provide the requested Services, or other legitimate business, legal, regulatory, safety, or security reasons.

Refunds and Cancellations

Payments for Services are non-refundable except as required by law or expressly agreed to by Smart CTC in writing. If Customer wishes to discontinue Services, Customer should contact Smart CTC as soon as possible. Discontinuation or cancellation does not relieve Customer of its obligation to return Smart CTC-owned equipment and does not create a right to a refund except as required by law or otherwise agreed by Smart CTC.

Warranty and Replacements

During an active subscription term and any applicable renewal period, Smart CTC warrants the Smart CTC device against malfunction under normal use. Smart CTC may first attempt to diagnose or repair a device remotely. If a malfunctioning device cannot be repaired remotely, Smart CTC will provide a replacement device at no additional charge and, when applicable, a postage-paid return label for the faulty device.

Customer must reasonably cooperate with troubleshooting and replacement procedures and promptly return any replaced device as instructed.

Device Connection and Customer Responsibilities

Smart CTC devices are designed and intended to remain continuously connected to and powered by the assigned vehicle during the subscription term. Customer is responsible for keeping each device properly installed, connected, and powered in accordance with Smart CTC's instructions and for promptly notifying Smart CTC of known device or connectivity problems.

Smart CTC devices may automatically initiate testing attempts in advance of an applicable Clean Truck Check deadline. Disconnecting, removing, disabling, or delaying connection of a device may prevent Smart CTC from making scheduled test attempts and may result in delays while the device reconnects, obtains required software or firmware updates, establishes cellular communication, or otherwise becomes ready to test and transmit data.

Customer acknowledges that successful testing, transmission, and processing also depend on systems and services outside Smart CTC's control, including cellular network availability and signal strength, telecommunications carriers, third-party data providers, vehicle systems, and systems operated by CARB, including CARB APIs, networks, and CTC-VIS.

To the maximum extent permitted by law, Smart CTC is not responsible for missed deadlines, delayed or unsuccessful tests, delayed or unsuccessful transmission or processing of test data, fines, penalties, loss of compliance status, or other consequences to the extent resulting from:

Customer's failure to keep a device connected and powered as instructed;
Customer connecting or reconnecting a device too close to an applicable testing deadline to allow reasonable time for testing, required updates, communications, or troubleshooting;
Insufficient or unavailable cellular signal or coverage at the vehicle's location;
Failures, outages, interruptions, or delays involving cellular carriers, telecommunications providers, third-party data providers, CARB systems, CARB APIs, CTC-VIS, governmental networks, or other third-party systems;
A vehicle condition that prevents successful testing; or
Other circumstances outside Smart CTC's reasonable control.

Customer Support and Remediation

Smart CTC is committed to providing responsive customer support and will use commercially reasonable efforts to help resolve device, connectivity, testing, or submission issues that may affect the Services. Depending on the circumstances, Smart CTC may provide remote troubleshooting, device re-provisioning or updates, replacement equipment, assistance with CTC-VIS, coordination assistance, or other reasonable support measures.

Any assistance, accommodation, service, reimbursement, or other remedy provided by Smart CTC beyond the express obligations stated in these Terms is provided at Smart CTC's discretion and does not create an ongoing obligation to provide the same or similar assistance, accommodation, service, reimbursement, or remedy in the future.

Compliance Responsibility

Customer is solely responsible for monitoring each vehicle's Clean Truck Check compliance status and applicable testing deadlines; keeping each Smart CTC device connected, powered, and available for testing as instructed; taking any required action relating to vehicle repairs or failed tests; and confirming completed test results and compliance status through the CTC-VIS portal.

Smart CTC provides testing Services and related assistance but does not assume Customer's legal or regulatory compliance obligations. Customer should not rely solely on Smart CTC notifications, automated test attempts, reports, or devices as a substitute for monitoring its own regulatory obligations.

Smart CTC is available to assist Customer with navigating the CTC-VIS portal at no additional charge.

No Guarantee of Regulatory Compliance

Smart CTC's Services are intended to facilitate participation in the CARB Clean Truck Check program. Smart CTC does not guarantee any particular test result, CARB acceptance or processing time, regulatory compliance determination, compliance status, governmental action, or enforcement outcome.

All legal and regulatory compliance obligations remain solely with the vehicle owner or operator, and use of Smart CTC's Services does not relieve Customer of those obligations.

Force Majeure

Smart CTC will not be liable for delay or failure to perform to the extent caused by circumstances beyond its reasonable control, including severe weather, natural disasters, governmental actions, changes in law or regulation, vehicle-access limitations, labor disruptions, power failures, Internet or telecommunications failures, cellular carrier outages, third-party data-provider outages, insufficient cellular network availability, CARB or governmental-system outages or delays, API failures, CTC-VIS interruptions, cyberattacks affecting third-party infrastructure, or other similar events beyond Smart CTC's reasonable control.

Intellectual Property

The Website and its content, features, and functionality, including text, graphics, logos, images, software, and other materials, are owned by Smart CTC or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, reproduce, or use any part of the Website without our prior written consent except as otherwise permitted by law.

Third-Party Links and Services

The Website and Services may contain links to or depend upon third-party websites, platforms, systems, or services, including Google, Meta, Stripe, telecommunications providers, data providers, CARB, and CTC-VIS. Smart CTC is not responsible for the content, privacy practices, availability, performance, accuracy, timing, security, or operation of these third-party systems or services. Your use of third-party websites and services may also be subject to their own terms and policies.

Smart CTC does not control, operate, or guarantee the availability, accuracy, timing, processing, determinations, or performance of CARB, CTC-VIS, CARB APIs, cellular networks, telecommunications carriers, or other governmental or third-party systems.

Disclaimer of Warranties

Except for the express device warranty and replacement obligations specifically stated in these Terms or in an applicable signed agreement, the Website and Services are provided “as is” and “as available,” to the maximum extent permitted by law, without additional warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Smart CTC does not warrant that the Website, cellular networks, third-party systems, CARB systems, APIs, CTC-VIS, or other systems outside Smart CTC's control will be uninterrupted, error-free, continuously available, or free from delay.

Limitation of Liability

To the maximum extent permitted by applicable law, Smart CTC and its owners, officers, employees, agents, contractors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the Website, Services, Smart CTC equipment, or these Terms, including lost profits, lost revenue, loss of use, business interruption, loss of data, regulatory fines or penalties, or damages arising from a delayed, missed, unsuccessful, rejected, or unprocessed test, even if Smart CTC has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Smart CTC's total aggregate liability arising out of or relating to the Services provided for any particular vehicle will not exceed the subscription fees actually paid to Smart CTC for that specific vehicle for the subscription term in which the event giving rise to the claim occurred.

For a claim involving more than one vehicle, the foregoing limitation will apply separately to each affected vehicle.

These limitations apply regardless of the form of action or theory of liability, whether in contract, tort, negligence, strict liability, statute, or otherwise, except to the extent a limitation or exclusion is prohibited by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Smart CTC and its owners, officers, employees, agents, contractors, and service providers from and against claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your misuse of the Website or Services, your violation of these Terms, your violation of applicable law or regulation, or your infringement of the rights of a third party.

Governing Law

These Terms shall be governed by the laws of the State of California, without regard to conflict-of-law principles. Any disputes arising out of or relating to these Terms, the Website, or the Services shall be resolved in the state or federal courts located in Los Angeles County, California, unless applicable law requires otherwise.

Changes to These Terms

Smart CTC may update these Terms from time to time. Each version of these Terms will identify its effective date.

For new Customers, the version of these Terms in effect when the Customer first purchases, subscribes to, or otherwise engages the Services will govern the applicable subscription or transaction.

For an existing Customer with an active paid subscription, the version of these Terms in effect when that subscription term began or was most recently renewed will continue to govern that subscription through the end of the then-current subscription term. Changes to these Terms will not modify the contractual terms governing an existing subscription during that subscription term except as expressly provided below or agreed to by Customer.

Upon renewal, the version of these Terms then in effect will govern the renewed subscription term. By renewing the subscription, Customer agrees to the then-current Terms. If Customer does not agree to the revised Terms, Customer may elect not to renew the subscription.

Notwithstanding the foregoing, Smart CTC may make changes during an active subscription term when reasonably necessary to comply with applicable law, regulation, governmental requirements, court orders, security requirements, or changes imposed by governmental or third-party systems on which the Services depend. Smart CTC may also make non-material changes, corrections, or clarifications that do not materially reduce Customer's rights or materially increase Customer's obligations under the applicable subscription.

If Customer and Smart CTC have entered into a signed proposal, order form, or other written agreement covering the Services, that signed agreement will continue to control over these Terms to the extent of any conflict, including following any update to these Terms.

Contact Us

If you have questions about these Terms, please contact Smart CTC by mail at 12439 Magnolia Blvd, PMB 236, Los Angeles, CA 91607.