Legal

Operator App – Terms of Use

Effective Date: April 1, 2025

Welcome to the Operator App (the “App”), a software platform owned and operated by Argo Transit Corporation and its affiliates (“Argo”, “we”, “us”, or “our”). These terms and conditions of use (“Terms”) govern your access to and use of the App. By accessing or using the App, you agree to be bound by these Terms. If you do not agree, you may not use the App.

Purpose of the App

The App is provided by Argo to support transit services delivered by independently operated and licensed fleet operators (“Fleet Operators”). It is intended solely for use by drivers authorized by those Fleet Operators to access routing, scheduling, and coordination tools.

Argo does not provide transportation services, does not employ drivers, and is not a party to any employment or service arrangement between you and your Fleet Operator.

No Employment Relationship

By using this App, you acknowledge and agree that:

You are employed or contracted solely by your Fleet Operator with respect to the matters contemplated by these Terms;
Argo did not and does not recruit, screen, interview, hire, train, pay, provide benefits to, supervise, monitor, assess, discipline, schedule, or terminate any drivers, including you;
Argo does not exercise any direction, control, or authority over your work, schedule, job performance, pay, or any employment terms;
Your use of the App, or any communications with Argo or its personnel, does not create and will not be construed to create any employment, contractor, agency, partnership, or joint venture relationship whatsoever between you and Argo;
You are not, and you will not at any time claim to be, an employee, contractor, agent, partner, or joint venturer of Argo or any person or entity other than your Fleet Operator, as a result of your use of this App or otherwise.

All questions or concerns relating to your job, including relating to recruitment, screening, interviewing, hiring, training, pay, benefits, vacation, supervision, monitoring, assessments, discipline, scheduling, termination of employment, certifications, scheduling, vehicles, and all operating matters and procedures, must be directed to your Fleet Operator.

In consideration of your use of the App, you irrevocably and unconditionally waive, release, and discharge any and all claims, demands, causes of action, and rights that you may have, now or in the future, against Argo arising out of or related to any allegation, assertion, or claim that you are, or were at any time, an employee, contractor, agent, partner, or joint venturer of Argo, including but not limited to claims for wages, benefits, damages, employment taxes, insurance coverage, or other compensation of any kind.

You further covenant not to sue or bring any legal proceeding against Argo with respect to such matters. You further agree that this waiver and covenant not to sue shall serve as a complete bar to any such claim, demand, or legal action against Argo to the fullest extent permitted by law.

Use of Operating Procedures

Fleet Operators may upload operational policies, procedures, or standard operating protocols (“SOPs”) into the App for reference by their drivers.

Any such materials are provided and maintained by your Fleet Operator.
Argo does not author, interpret, enforce, or control any of such SOPs.
Argo and its support staff may assist you in locating SOPs in the App, but do not provide any advice, instructions, or enforcement related to SOPs or other operational matters.

Software Support

The App includes access to Software Support, which is provided by or on behalf of Argo solely to address technical issues related to the App, including login, functionality, and performance.

Such Software Support staff are not authorized to:

Instruct you on how to respond to incidents (e.g., flat tires, accidents, etc.);
Interpret Fleet Operator SOPs; or
Direct or supervise your work in any way.

For all operational matters, contact your Fleet Operator directly.

Eligibility and Access

You may only use the App if you:

Are 18 years of age or older;
Are authorized by a Fleet Operator currently using Argo’s platform; and
Have received login credentials from your Fleet Operator or their delegate.

You are responsible for maintaining the confidentiality of your login information. You may not allow others to access the App using your credentials.

License and Restrictions

Subject to these Terms, Argo grants you a limited, non-exclusive, non-transferable, revocable license to use the App solely for your authorized work with a Fleet Operator.

You may not:

Copy, modify, reverse engineer, or distribute the App or any of its content;
Use the App for any unlawful purpose;
Interfere with or disrupt the App’s functionality;
Access data or areas of the App not intended for you; or
Represent yourself as or claim to be an employee, contractor, agent, partner, or joint venturer of or with Argo in any manner whatsoever.

Data Collection and Use

Argo may collect technical data through your use of the App, including without limitation:

GPS/location data;
Trip logs and timestamps;
In-app actions (e.g., status updates, confirmations); and
Device identifiers and performance data.

This data may be used to, among other things:

Facilitate fleet routing and dispatch;
Monitor system performance;
Provide technical support;
Comply with applicable law; and
Facilitate future technical improvements to the App.

All data is handled in accordance with Argo’s Privacy Policy.

Ownership and Intellectual Property

All rights, title, and interest in the App, including its software, design, features, and content, are owned exclusively by Argo Transit Corporation or its licensors. Nothing in these Terms grants you ownership or intellectual property rights whatsoever in the App. All trademarks, logos, and service marks displayed in the App are the property of Argo or third parties.

Termination of Access

Argo may suspend or terminate your access to the App at any time, with or without notice, for any reason or for no reason, including without limitation:

You violate these Terms;
Your Fleet Operator terminates your relationship or access;
Argo discontinues support for the App or modifies access criteria; or
Argo’s contractual relationship with your Fleet Operator ends;

Upon any such termination, you must cease using the App and delete it from your device.

Disclaimer of Warranties

The App is provided on an “as is” and “as available” basis. Argo makes no warranties or representations of any kind, express or implied, regarding:

The accuracy or completeness of content;
The suitability, availability, or reliability of SOPs or fleet policies; or
The uninterrupted availability or error-free performance of the App.

To the maximum extent permitted by law, Argo disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You acknowledge and agree that you use the App at your own risk.

Limitation of Liability

To the fullest extent permitted by law, Argo will not be liable for any losses or damages of any kind or nature whatsoever, including without limitation direct, indirect, incidental, special, consequential, or punitive damages—even if advised of the possibility of such damages—arising out of or relating to your use of the App, including:

Employment-related disputes or claims;
Actions taken (or not taken) in reliance on Fleet Operator SOPs; and
Accidents, service issues, or delays related to your job.

In no event shall Argo’s total cumulative liability to you exceed one hundred dollars (CAD $100).

Changes to These Terms

Argo may update or modify these Terms at any time. You will be notified of material changes through the App or your Fleet Operator. Continued use of the App after such notice constitutes your acceptance of the updated Terms.

Severability

If any provision of these Terms is determined by any arbitrator or court of competent jurisdiction to be illegal or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect so long as the economic and legal substance of these Terms is not materially adversely affected.

Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without regard to conflict of law principles.

No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Argo and do not create any rights or benefits enforceable by any other person or entity, including but not limited to other drivers, passengers, or Fleet Operators.

Disputes

If there is any dispute or disagreement between you and Argo relating to or arising from your use of the App, both you and we agree that, unless otherwise resolved between us, the dispute or disagreement will be submitted to and finally resolved by binding arbitration under the Arbitration Act, 1991 (Ontario).

The arbitration will be conducted by a single arbitrator agreed upon between you and us. If we cannot agree on an arbitrator within 10 days, either you or we may apply to a court in Ontario to appoint the arbitrator. The arbitration will take place in Toronto, Ontario, and will be conducted in English. The arbitrator’s decision will be final and binding, and you and we agree there will be no appeals. Each party will bear its own legal costs, but the arbitrator may award costs as they see fit.

You and we agree that the dispute or disagreement, the arbitration process, and the arbitration outcome, including the arbitrator’s decision and any settlement terms, will be strictly confidential and may not be disclosed to any third party without the other party’s prior written consent, except as required by law. This provision applies to all types of claims—whether based in contract, tort, statute, or otherwise—and survives termination of these Terms or your use of the App.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief in a court of competent jurisdiction to prevent unauthorized use or disclosure of confidential information or intellectual property.

You and Argo agree that any arbitration or proceeding shall be limited to the dispute between us individually. To the fullest extent permitted by law, neither you nor Argo shall be entitled to join or consolidate claims by or against other drivers or users, or to participate in any class action, collective action, or representative proceeding as a plaintiff or class member.

Any questions regarding the scope, applicability, or enforceability of this arbitration provision shall be decided by the arbitrator, not a court.

Survival

Sections of these Terms relating to our relationship, ownership, disclaimers, limitations of liability, indemnity, dispute resolution, arbitration, and any other provisions that by their nature are intended to survive termination shall survive termination of these Terms or your use of the App.

Contact Information

For software-related support: use the in-app Software Support feature or email support@rideargo.com
For all other questions and concerns, including operational, scheduling, and employment-related issues, contact your Fleet Operator directly.