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Terms of Service

Last Updated: October 5, 2025

1. Agreement to Terms

By accessing or using the Transportation Management System (TMS) platform, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using this platform.

2. Use License

2.1 Grant of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Access and use the TMS platform
  • Use the platform for legitimate business purposes
  • Access features according to your subscription plan

2.2 License Restrictions

You may not:

  • Modify or copy platform materials without authorization
  • Use the platform for unlawful purposes
  • Attempt to reverse engineer any aspect of the platform
  • Remove proprietary notices or labels
  • Transfer your license to another party
  • Use the platform to compete with our services

3. User Accounts

3.1 Account Creation

To use certain features, you must:

  • Create an account with accurate information
  • Maintain and update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all account activities

3.2 Account Security

You agree to:

  • Immediately notify us of unauthorized access
  • Ensure account credentials are not shared
  • Use strong passwords and change them regularly
  • Log out from shared devices

3.3 Account Termination

We reserve the right to terminate accounts that:

  • Violate these Terms of Service
  • Remain inactive for extended periods
  • Are used for fraudulent activities
  • Pose security risks to the platform

4. Platform Services

4.1 Service Description

TMS provides:

  • Transportation request management
  • Vehicle and driver management
  • Route planning and optimization
  • Analytics and reporting capabilities
  • Document management and OCR processing
  • Real-time tracking and notifications

4.2 Service Availability

While we strive for 99.9% uptime:

  • Services are provided "as is" and "as available"
  • We do not guarantee uninterrupted service
  • Maintenance may temporarily affect availability
  • We are not liable for service interruptions

4.3 Service Modifications

We reserve the right to:

  • Modify or discontinue features
  • Update pricing and subscription plans
  • Change service specifications
  • Provide notice of significant changes

5. User Responsibilities

5.1 Content Standards

You agree not to upload or transmit:

  • Illegal, harmful, or offensive content
  • Malware, viruses, or malicious code
  • Content that infringes intellectual property rights
  • Spam or unsolicited commercial messages
  • False or misleading information

5.2 Compliance

You must:

  • Comply with all applicable laws and regulations
  • Maintain appropriate licenses and permits
  • Ensure driver and vehicle documentation is current
  • Follow transportation and logistics regulations
  • Respect privacy and data protection laws

5.3 Data Accuracy

You are responsible for:

  • Ensuring accuracy of entered data
  • Maintaining current vehicle and driver information
  • Updating organization details promptly
  • Verifying transportation request information

6. Intellectual Property

6.1 Platform Ownership

All platform content, features, and functionality are owned by us and protected by:

  • Copyright laws
  • Trademark rights
  • Patent protections
  • Trade secret laws

6.2 User Content

By uploading content, you grant us:

  • A non-exclusive license to use your content
  • Rights to process and store your data
  • Permission to display content within the platform
  • Ability to create backups and derivatives

6.3 Trademarks

Platform trademarks and logos may not be used without written permission.

7. Payment Terms

7.1 Subscription Plans

  • Fees are based on selected subscription plans
  • Payments are processed through secure payment gateways
  • Subscriptions renew automatically unless cancelled
  • Prices are subject to change with notice

7.2 Billing

  • Invoices are provided electronically
  • Payment is due according to the billing cycle
  • Late payments may result in service suspension
  • You are responsible for applicable taxes

7.3 Refunds

  • Refunds are provided at our discretion
  • Subscription fees are generally non-refundable
  • Exceptional circumstances may be considered
  • Contact support for refund requests

8. Privacy and Data Protection

8.1 Data Collection

We collect and process data as described in our Privacy Policy, including:

  • Personal information
  • Usage data
  • Location information
  • Vehicle and driver data

8.2 Data Security

We implement:

  • Industry-standard security measures
  • Encryption for data transmission
  • Access controls and authentication
  • Regular security audits

8.3 Data Rights

You retain ownership of your data and have rights to:

  • Access your information
  • Request data corrections
  • Export your data
  • Request data deletion

9. Limitation of Liability

9.1 Disclaimer

To the maximum extent permitted by law:

  • We are not liable for indirect or consequential damages
  • Our liability is limited to the amount you paid in the past 12 months
  • We do not guarantee specific business outcomes
  • We are not responsible for third-party services

9.2 Exclusions

We are not liable for:

  • User errors or misuse of the platform
  • Third-party actions or services
  • Force majeure events
  • Internet or network failures

10. Indemnification

You agree to indemnify and hold us harmless from:

  • Claims arising from your use of the platform
  • Violations of these Terms of Service
  • Infringement of third-party rights
  • Negligent or unlawful conduct

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law provisions.

11.2 Arbitration

Disputes will be resolved through:

  • Good faith negotiations
  • Mediation if negotiation fails
  • Binding arbitration as a final resort
  • Exclusive jurisdiction in [Your Courts]

11.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions.

12. Termination

12.1 Termination by You

You may terminate by:

  • Canceling your subscription
  • Closing your account
  • Providing written notice

12.2 Termination by Us

We may terminate for:

  • Breach of these Terms
  • Non-payment of fees
  • Fraudulent activity
  • Prolonged inactivity

12.3 Effect of Termination

Upon termination:

  • Your access will be revoked
  • Data may be deleted after a grace period
  • Outstanding fees remain due
  • Certain provisions survive termination

13. General Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding platform use.

13.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

13.3 Waiver

Failure to enforce any right does not constitute a waiver of that right.

13.4 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations.

13.5 Notices

Notices will be provided via:

  • Email to your registered address
  • In-platform notifications
  • Posted updates on the platform

14. Updates to Terms

We may update these Terms periodically. Continued use after updates constitutes acceptance of new Terms.

15. Contact Information

For questions about these Terms, contact us:

Email: legal@tms-platform.com Address: [Your Company Address] Phone: [Your Contact Number]

16. Additional Terms

16.1 Beta Features

Beta features are provided "as is" without warranties and may be discontinued at any time.

16.2 API Usage

API access is subject to separate terms and usage limits.

16.3 Mobile Applications

Mobile app use is subject to additional app store terms.

By using our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.