Overview

This Agreement is between TBUTECH inc. ("Company", "OS" or "Us" or "We" or "Our"), and you and any organization ("Organization") you represent (collectively referred to as "You" or "Your" or "Customer"). Customer represents and warrants to Us that Customer possesses the legal right and ability to enter into this Agreement.

Please read these terms and conditions carefully. By accessing and using the Services you acknowledge and agree that you have read these terms and conditions carefully, understand them and agree to be bound by them.

By using the tms.tbutech.com website ("Service"), Web Applications, Software and other services of TBUTECH inc. you are agreeing to be bound by the following terms and conditions ("Terms of Service") as well.

Before being permitted to access or use certain Services, you will be asked to register and submit certain information about yourself (“Registration Information”). You represent and warrant that: (a) all Registration Information you have provided is true, accurate, current and complete; and (b) you will maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You agree to notify us immediately of any actual or suspected unauthorized use of your Account. Certain Services may require you to agree to additional terms specific to the use of such Services.

If you do not agree to these Terms and Conditions, do not access or otherwise use our Services.

General Conditions

Access to and use of the Products is granted to Customer only as provided for herein, Customer is NOT allowed to authorize or permit third-party access to or use of the Products and/or Services except as expressly permitted in this Agreement. Customer's access to or use of the Products must cease immediately upon revocation or termination of the User Account provided by Us, or in the event this Agreement expires or is terminated for any reason.

TBUTECH provides technical support only to paying account holders and via only electronic means provided inside the application.

The website and the Service is controlled and operated by TBUTECH from within the United States. TBUTECH makes no representations that materials contained on, within or through the website or the Service are appropriate or available for use in other locations, and access to and use of the website and the Service from locations where such activity is illegal is prohibited. Those who choose to access or use the website or Services from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person.

Do not attempt to gain unauthorized access to our Site, user accounts, computer systems or networks connected to our Site through hacking, password mining or any other means, or record, process, or mine information about other users.

Subject to the terms hereof, Company will provide Customer with reasonable technical support services in accordance with the Company’s standard practice. During business hours, all customer support chat requests, emails and phone calls will be answered on a first come, first served basis. Please be patient, the customer support team will do their best to respond in a timely manner. All emails, offline chat requests and voice messages will be responded to within one business day. Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services. As part of the registration process, Customer will identify an administrative username and password for Customer’s Company account. Company reserves the right to refuse registration of, or cancel passwords it deems inappropriate.

Technical Requirements

The Products are offered as available have following requirements:

• Browser Google Chrome ver 91.0.4472.114 or higher.
• Display's resolution n 1920 pixels (width) by 1080 pixels (height) or higher.
• Computer memory (RAM) not lower than 8 GB
• Internet connection with speed not lower than 10 Mbps

Cancellation of the subscription

Cancellations of the subscription can be made any time inside the TMS admin panel. The date of cancellation will be when the admin clicks the unsubscribe button inside his account and thus ends this agreement. Any monthly charges paid before cancellation will not be refunded. We reserve the right to access your accounts, and at Our sole discretion, cancel this agreement and discontinue service at any time. However you can request to delete your account, all files and information stored in the database.

Acceptance of terms and Conditions

We want to make sure that the rules governing Our relationship are well understood by all parties. In furtherance of this effort, the following general terms govern Our relationship, these Terms and Your use of the website. No delay by either party shall waive rights under this Agreement.

The Services constitute a technology platform that enables you and other users of TBUTECH inc. websites to utilize technology solutions that connect and facilitate business among people and entities involved in the transportation and logistics industry.

Our Site is provided and available only to entities and persons over the age of legal majority who can form legally binding agreements under applicable law.

If you use the Site, you are responsible for maintaining the confidentiality of any account, user name, or password information and for restricting access to your computer and account, and you agree to accept responsibility for all activities that occur under your account or password even if the activity is conducted by a user other than you under your account.

We may, but have no obligation to, remove data and other information as well as Accounts containing data or other information or content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s rights or these Terms of Service.

You are solely responsible for downloading and backing up all data and other information that you store on or provide through the Service. Further, you are solely responsible for ensuring that all data and other information that you store on or provide through the Service is accurate. TBUTECH shall have no responsibility for lost, stolen, inaccurate, or misleading data or other information stored on or provided.

While you may use certain of the information stored on or provided through the Service for purposes of evidencing your compliance with certain legal requirements (including, but not limited to, requirements of various State or Federal Departments of Transportation), the Service has not been designed to ensure compliance with any such laws, rules or regulations, and you bear the sole responsibility for understanding and ensuring that you comply with all applicable legal requirements and that the information that you store on or provide through the Service is appropriate and/or sufficient for such purposes. Further, you represent, warrant, and covenant that you have and will at all times have all rights necessary to use the Service and store information on and provide information through the Service, including, but not limited to, the written consent of all drivers, employees and other individuals with respect to whom the information will be stored on the Service.

You acknowledge and agree that by providing us with any personal information you consent to the transmission of such personal information over international borders as necessary for processing in accordance with our standard business practices and our privacy policy. If you use our Site outside of the United States, you consent to having any personal information obtained through your use of our Site transferred to and processed in the United States.

Violation of any of the terms below may result in the termination of your Account.

Changes to terms and conditions

We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.

We reserve the right to change these Website Terms, in whole or in part, at our own discretion at any time.

These Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.

Any attempt to handover your rights to access the account without our consent shall violate these Terms and be void.

Fees and payment terms

If you wish to purchase our products and services, for your convenience, we may provide links on the Site to a web store where you can make such purchases. A valid and authorized credit card is required for paying accounts.

In some states, Sales Tax is applicable for SaaS products. The Company shall collect the Sales Tax if it is required by the States Authorities your company is registered in.

Customer will pay Company the applicable fees described in the Order Form for the Services and Implementation Services in accordance with the terms therein (the “Fees”). Customers may increase their usage of the Services (including the number of Customer’s employees using the Services) at any time. If Customer’s use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein.

We will automatically renew and charge your credit card every month for monthly service agreements.

Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then current renewal term.

You acknowledge and agree that TBUTECH set the pricing for the Service in reliance upon the Terms of Service and Refund Policy, including the various exclusions and limitations of warranties and liabilities. The Services would be priced substantially higher if the Terms of Service and Refund Policy did not contain these exclusions and limitations. You, therefore, agree to assume all these risks. TBUTECH is not an insurer. If you desire protection against business interruption or other risks of loss, you need to purchase insurance from an insurance company or other source.

Unpaid fees will result in the suspension of the Services. For our subscription-based Services, payment is made in advance for access over a certain time period, regardless of actual usage. Subscriptions are non-cancellable for the pre-paid time period and thus, we do not refund fees or pro-rate for partial usage. However, when increasing the number of users on subscription in the middle of the payment period we do prorate and charge only for the remaining amount of days left to the next payment period.

Modifications to Services and Prices

We regularly change and improve our Site. We may add or remove content, links, features or functionality at any time. Our Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

Maintenance and service interruptions

We may, from time to time perform maintenance upon the Services or experience hardware, software, or other problems related to the Services, resulting in interrupted service, delays, or errors in the Services. We will attempt to provide prior notice of such interruptions, delays, or errors but cannot guarantee that such notice will be provided.

Copyright and Data Ownership

You understand that we own all content that we have created and made available on our Site, and that using our Site does not give you ownership of any intellectual property rights in our Site or the content you access on our Site. You may not copy, modify, create derivative works from, or otherwise use content from our Site, including any copyrights, trademarks, logos, service marks, trade names, or other intellectual property rights, unless you obtain written permission from us, or as otherwise permitted by law. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.

Everything You read and see on Our Site is copyrighted and owned by Us and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

TBUTECH inc. respects the intellectual property rights of others and asks that the people who use the Site do the same. You further understand and agree that we reserve the right to restrict, in part or in full, access to the Services if we learn that you are an entity, or are affiliated with an entity, that provides a service competitive to our Services or if we believe you are attempting to create a competitive service.

Drivers usage of services

We provide a dashboard for drivers to access information about load such as Addresses, Dates, and routes on the map. Under no circumstances driver should use our services while driving. Our services are not designed for such use. Violation of this rule can cause serious injuries or death. We strictly prohibit the use of our services for drivers while driving.

Limitation of Liability

In no event shall TBUTECH inc. have any liability for damage, loss, or delay to goods shipped incidental to use of the SERVICES of any kind.

TBUTECH does not warrant that (i) the Service complies or will comply with any legal requirements to which you may be subject or that the Service is structured such that the information you store on or provide through the Service will be appropriate or sufficient for evidencing your compliance with any particular law, rule or regulation; (ii) the Service will meet your specific requirements (including, but not limited to, any legal requirements); (iii) the Service will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Service will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; (vi) it will not lose or corrupt your data; and (vii) any errors in the Service will be corrected.

You agree to indemnify and hold TBUTECH and its affiliates and vendors harmless from and against any and all claims, demands, suits, proceedings, liabilities, damages, costs, expenses, awards, and losses, including reasonable attorney’s fees, suffered or incurred by TBUTECH or any of its affiliates or vendors on account of any breach by you of any of these Terms of Service or otherwise arising out of your use of the website or the Service.

You expressly understand and agree that TBUTECH, its subsidiaries and affiliated companies, and all of their respective directors, officers, agents and employees shall not be liable for any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, which may or does result from the use of, access to, or inability to use this service, the content, or the products or services connected therewith, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party of the service, any modification, price change, suspension or termination of the service, or any other matter relating to the service, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail their essential purpose, including, without limitation, lost revenues or lost profits, business interruption, goodwill, use, or other intangible losses, damage caused to your computer, computer software, systems and programs and the data thereon or the cost of procurement of substitute goods and services. This limitation of liability shall apply to prevent recovery of any of the aforementioned damages, any damages you may incur because of third-party services or other services or goods received through the service.

These Terms of Service with you shall be construed under the laws of the USA, without regard to its principles of conflict of laws. Exclusive venue for any dispute between the parties arising under or relating to the Service, these agreements, the construction, or any breach thereof, shall be in the State and Federal courts.

Indemnification

Customer agrees to indemnify, defend, and hold harmless TBUTECH, its parent, subsidiaries, affiliates, licensors, and their respective officers, directors, shareholders, employees, representatives, and agents from and against any and all claims, demands, liabilities, expenses (including reasonable attorneys' fees and costs) and damages arising out of claims resulting from Customer's User Account Administration and User Activity, including without limitation claims arising out of Data, Customer's violation of a third party's intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by Customer of the terms and conditions of this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, and in such case, Customer agrees to cooperate with Our defense of such claims.