Legal

Terms of Service

Last updated: October 14, 2026

1. Acceptance

These Terms of Service (“Terms”) are an agreement between you and Excern LLC, a Kansas limited liability company (“Excern,” “we,” “us,” or “our”). By creating an account, signing in, or using Excern, you agree to these Terms. If you are accepting for a business, you confirm you have authority to bind it, and “you” means that business. If you do not agree, do not use Excern.

2. The service

Excern is software for dumpster, roll-off, and portable toilet businesses. It covers jobs and dispatch, a driver app, brokering work to other haulers, customer records, calls and texts, invoicing and payments, and the related website and mobile apps (together, the “Service”). We may add, change, or remove features over time.

3. Accounts and eligibility

Excern is for businesses. You must be at least 18 and use it for business purposes, not personal or household use.
Give us accurate account information and keep it current.
Keep your login details safe. You are responsible for everything done under your account, including by team members and drivers you add.
Tell us right away at [email protected] if you think your account has been accessed without permission.

4. Subscriptions and fees

The current price is shown on our pricing page. Your first month is free, and no card is needed to start.
After that, the subscription is billed monthly in advance and renews each month until you cancel.
You can cancel anytime. Your access continues to the end of the month you have paid for. We do not refund partial months.
Fees do not include taxes. You are responsible for any taxes that apply, other than taxes on our income.
If a payment fails, we may suspend the Service until the balance is paid.
We may change prices with at least 30 days’ notice. A new price applies from your next billing month after the notice period.
Payments your customers make to you through Excern are processed by Stripe under Stripe’s terms.

5. Your data

You own the data you put into Excern, including your customers, jobs, invoices, messages, photos, and files (“Customer Data”). You give us permission to host, copy, process, and display Customer Data only as needed to run, secure, support, and improve the Service. We do not sell Customer Data. Our Privacy Policy explains how we handle personal information.

You are responsible for having the right to put Customer Data into Excern, including any personal information about your customers, drivers, and contacts.

6. Acceptable use

Do not use Excern to:

Send spam or unwanted calls, texts, or emails
Break any law, including privacy, telemarketing, and consumer protection laws
Upload malware, or try to break into, overload, or reverse engineer the Service
Access another business’s data, or share your account outside your business
Resell the Service without our written permission

Texting and calling. Texts sent through Excern must follow carrier rules, including A2P 10DLC and toll-free registration, and the Telephone Consumer Protection Act (TCPA). You are responsible for getting and recording the consent of everyone you text or call, honoring opt-outs such as STOP, and following any rules on recording calls where you and your contacts are located. We may suspend messaging if a carrier or provider flags your traffic.

7. Text messages (SMS)

Program. Excern, from Excern LLC, sends text messages about your account and your work: job updates, scheduling, and links to invoices, payments and work orders.

Consent. You get these texts only if you agree to them, for example by checking the text message box on a form. Agreeing is not a condition of buying anything.

Frequency and cost. Message frequency varies. Message and data rates may apply.

Opt out. Reply STOP to any message to stop getting texts. Reply START to get them again.

Help. Reply HELP, or email [email protected] or call (816) 215-5110.

Carriers are not liable for delayed or undelivered messages. How we handle mobile numbers is in our Privacy Policy.

8. Third-party services

Excern connects to services run by other companies, including Twilio (calls and texts), Stripe (payments), Google (maps, sign-in, and email), and Microsoft (sign-in and email). When you use those features, the provider’s own terms and privacy policies also apply. We are not responsible for those services, and features that depend on them may change if the provider changes.

9. Subcontractor work links

Excern customers can send work links to haulers and other subcontractors. If you are a hauler using a link sent to you by an Excern customer, these Terms apply to your use of that link. Using a link creates a basic account for your business, which you may claim later by signing in. The job details in a link belong to the customer who sent it. Use them only to do that work, and do not use them to contact that customer’s clients.

10. Availability and changes

We work to keep Excern running and fast, but we do not promise it will always be available or error free. We may pause the Service for maintenance or for reasons outside our control, such as outages at our hosting, phone, or payment providers. We will try to give notice of planned downtime.

11. Confidentiality

Each of us may see the other’s non-public information, such as your Customer Data or our non-public product plans. Each of us will use the other’s confidential information only for purposes of this agreement and protect it with reasonable care. This does not cover information that is public, already known, independently developed, or that the law requires us to share. If the law requires disclosure, we will give notice first where allowed.

12. Disclaimers

Excern is provided “as is” and “as available.” To the extent the law allows, we disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement. Excern helps you run your business, but you are responsible for your business decisions, including prices, routes, invoices, taxes, and what you tell your customers. Features that use AI, such as reading invoices or drafting messages, can make mistakes, so check their results before you rely on them.

13. Limitation of liability

To the extent the law allows, neither party is liable for lost profits, lost revenue, lost data, or any indirect, incidental, special, or consequential damages. Each party’s total liability under these Terms is limited to the fees you paid us in the 12 months before the event that led to the claim. These limits do not apply to your payment obligations or to your obligations under the Indemnity section.

14. Indemnity

You will defend and indemnify Excern against third-party claims, and the related costs, arising from your Customer Data, your use of the Service, your calls and texts (including TCPA and consent claims), or your breach of these Terms.

15. Termination and data export

You can cancel at any time from your account or by emailing us.
We may suspend or end your account if you break these Terms, do not pay, or put the Service or others at risk. Where reasonable, we will warn you first.
Before you leave, you can export your data. Email us if you need help.
After your account closes, we delete or anonymize your data as described in our Privacy Policy.
Sections that by their nature should continue, such as fees owed, confidentiality, disclaimers, limitation of liability, and indemnity, survive termination.

16. Governing law

These Terms are governed by the laws of the State of Kansas, without regard to its conflict of law rules. Any dispute will be heard in the state or federal courts located in Kansas, and both parties agree to those courts.

17. Changes to these Terms

We may update these Terms. We will post changes on this page and update the date above. For material changes, we will notify you by email or in the app at least 30 days before they take effect. If you keep using Excern after that, you accept the new Terms.

18. Contact

Questions about these Terms: EXCERN LLC · 9901 Taylor Dr, Overland Park, KS 66212 · (816) 215-5110 · [email protected].