Last Update: November 24, 2022
These Terms of Service (the “Terms”) govern your visits to SiteTrax.io (the “Site”) and/or SiteTrax mobile application (the “App”). The Site and the App are collectively referred to herein as the “Platform.” Netarus, LLC (“we,” “us,” or “our”) owns and operates this Platform. The term “you” refers to any user of the Platform.
“Authorization Form” means a document issued by SiteTrax.io and executed or otherwise agreed upon by you, or your authorized representative that specifies, among other things, a description of the Platform, the fees, the number of Seats purchased, the Term, and any other details specifically related to the Platform.
“Authorized Users” means individuals who are directly accessing the Platform via an online sign-up process, or individual users authorized by you to use the Platform and who you have supplied user identifications and passwords to. Authorized Users may include your employees, consultants, contractors, agents, or your other designees, but shall not include any employee or agent of any SiteTrax.io competitor.
“Customer Content” means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to SiteTrax.io by or on your behalf in relation to the use of the Platform.
“Mentions” means the information, including links, posts, and excerpts, that has been made publicly available and obtained by SiteTrax.io on your behalf from the Internet, and data derived therefrom, including reports, summaries, graphs, and charts.
“Seat” means a single subscription associated with the algorithm assigned to an organization or assigned to one Authorized User.
“Platform” means services provided to you by SiteTrax.io based on the plan you have purchased either through an online transaction or via an Authorization Form, but excluding Third-Party Platform.
“Supported Platform(s)” means the social networking site(s) currently supported by the Platform, including Twitter, Facebook, LinkedIn, Instagram, and other social networking sites as described via the Site.
“Taxes” means all taxes, assessments, charges, fees, and levies that may be levied or based upon the sale or license of goods and/or services, as the case may be, including all sales, use, goods and services, value added, and excise taxes, custom duties, and assessments together with any installments with respect thereto, and any interest, fines, and penalties with respect thereto, imposed by any governmental authority (including federal, state, provincial, municipal, and foreign governmental authorities).
“Third-Party Platform” means products, services, applications, or websites made available by third parties through the Platform (i.e., companies or people who are not SiteTrax.io).
03. NEUTRAL VENUE
Venue. Our Platform is a tool for collecting asset numbers by accelerating that data collection over traditional means. Platform uses OCR technology via a cell phone app or a camera. Asset numbers can quickly be collected into a spreadsheet in near real time. The data can then be fed into a TMS, YMS or other data management system. Note that we shall not be responsible for environmental factors beyond our control (e.g. fog and rain) that can affect the accuracy of the scan or result in the failure to detect intended object(s). Our Platform is a neutral venue. WE SHALL NOT BE HELD LIABLE FOR USERS’ DATA, TRANSACTIONS, INTERACTIONS AND INFORMATION. We are not liable for the consequences of you disclosing your personal information to others.
License. Subject to the terms and conditions of these Terms, and solely for your personal and/or internal business purposes, SiteTrax.io grants you and your Authorized Users a right to access and use our Platform for the number of Seats purchased, and support, if applicable, in accordance with the plan you selected.
Interactive Features. This Platform includes interactive features that allow users to communicate with us. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Platform’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
DRIVING. DO NOT USE THE PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
Third Parties. The Platform may contain references to third party websites and rely on third party services for support. We shall not be liable for any third party venues and cannot guarantee their performance. We do not monitor all content submitted to the Platform. We shall not be liable for user submissions or any third party content on the Platform.
No Professional Advice Whatsoever. Nothing on our Platform constitutes any type of professional advice on our part. Your use of the Platform does not form an employer-employee or any other professional relationship between you and us. We are not a party to your interactions and transactions.
Updates and Functionalities. You acknowledge that from time to time SiteTrax.io may apply updates to the Platform and that such updates may result in changes in the appearance and/or functionality of the Platform (including the addition, modification, or removal of functionality, features, or content). Excluding the addition of wholly new products, SiteTrax.io shall provide, implement, configure, install, support, and maintain at its own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Platform (collectively, the “Updates”). You acknowledge that the Platform interoperates with several Supported Platforms, and that the Platform provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to make their programs available to SiteTrax.io on reasonable terms, SiteTrax.io may cease to provide such features to you without entitling you to refund, credit, or other compensation.
Non-Exclusivity. You acknowledge that the rights granted to you under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict SiteTrax.io’s right to license, sell, or otherwise make available the Platform to any third party or perform any services for any third party.
App Directory. You may access the SiteTrax.io App Directory (the “App Directory”) in order to install and use one or more software applications, technology, data and other digital materials (each, an “App”) in connection with the Platform. The majority of the Apps made available to you via the App Directory are Third-Party Platform. By installing an App, you hereby agree to the SiteTrax.io App Directory Terms of Service published here.
04. INTELLECTUAL PROPERTY
Our Intellectual Property. We own all intellectual property rights in our Platform contents including AI models, logos, trademarks (whether registered or unregistered) and data. All rights, title, and interest in and to the Platform not expressly granted in this Agreement are reserved by SiteTrax.io. You may from time to time provide suggestions, comments or other feedback to SiteTrax.io with respect to the Platform (“Feedback”). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for SiteTrax.io notwithstanding anything else. You shall, and hereby do, grant to SiteTrax.io a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.
Your Data. You grant SiteTrax.io a limited, worldwide, non-exclusive, non-transferable license, without a right of sublicense, to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Customer Content for the purpose of supporting your use of the Platform and providing Platform to you. SiteTrax.io may also use Customer Content for the purpose of supporting and developing the Platform, provided that when doing so, we shall only use Customer Content in an anonymized and aggregated way. Subject only to the limited license expressly granted herein, you and your Authorized Users shall retain all right, title and interest in and to the Customer Content and all intellectual property rights therein. Nothing in this Agreement will confer on SiteTrax.io any right of ownership or interest in the Customer Content, except that Netarus LLC shall have the right to use all content captured via images or video for the purpose(s) of training SiteTrax.io AI models, improving SiteTrax.io’s backend or any data filtered at a Customer’s request (See Data Filtering). Notwithstanding the foregoing, SiteTrax.io is not obligated to retain Customer data after it is sent to the Customer.
Data Filtering. You and your Authorized Users may request SiteTrax.io to filter data from the Customer Content based on asset types (i.e. container, chassis, truck, etc.) or matching records in another database (i.e. inventory list, database, fleet file, etc). Any Customer Content filtered and not delivered to You will be the sole property of SiteTrax.io with the right of sublicense, access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index.
Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Platform and we will investigate. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Platform if such claims are reported to Netarus via a support ticket at https://support.netarus.com. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
Identify the copyrighted work that you claim has been infringed.
Identify the material or link you claim is infringing.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of your report:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
“I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
05. ACCEPTABLE USE POLICY
By visiting this Platform, you represent and agree that:
You have a full capacity to enter into a legally binding agreement, such as these Terms.
You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
You will not use our Platform in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone’s private information without consent, pyramid schemes, multilevel-marketing, “get rich quick” offerings, encouragement of violence.
You will ask for our permission before copying anything from our Platform for republication.
You will not use our Platform for anything illegal.
We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Platform.
You will not impede the proper functioning of the Platform.
06. PRODUCTS AND FEES
Purchases by Authorization Form. If an Authorization Form is issued for the purchase of Platform, you agree to pay all fees as and when described per the Authorization Form(s). SiteTrax.io shall invoice you for the fees in the currency set forth on the applicable Authorization Form. Unless otherwise stated on the Authorization Form, all invoices shall be payable by the due date on the invoice. Any disputed amounts shall not affect payment of non-disputed amounts. You shall make payments to the entity and address set forth in the invoice.
Online Paid Platform. For paid Platform purchased online (“Online Platform”), you must provide SiteTrax.io with a valid credit card or other payment method (e.g., PayPal account) to pay for such services. Some Platform may be available as a one-time purchase, and others can be purchased as a monthly or yearly subscription. You agree that SiteTrax.io has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms SiteTrax.io retains in the future) your submitted payment information in order to process your purchase. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. SiteTrax.io does not support all payment methods, currencies, or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel or downgrade your account to a charge-free account, you authorize SiteTrax.io to continue billing your credit card and/or PayPal account and you remain responsible for any uncollected amounts. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.
Free Trial Period. If you sign up for a free trial period for a Service that is subject to charges (the “Free Trial”), we may require you to provide us with a valid credit card or other valid payment method. We may start charging you automatically on the first day after the Free Trial is over, unless you cancel or downgrade to a charge-free Service and uninstall any Apps or other items, as required for cancellation, before the end of the Free Trial period. Please note that prior to the end of the Free Trial Apps purchased via the SiteTrax.io App Directory may need to be uninstalled via the App Directory to avoid charges being incurred. The Free Trial is only available to first time users of a paid Online Service.
Subscription Platform (Auto-renewal and Cancellation). If you are purchasing Online Platform on a subscription basis, you may have the option to purchase a monthly or a yearly subscription, which will automatically renew at the end of its applicable term. Subscriptions are billed in advance on a monthly or yearly basis (as per the option chosen when you purchased such an Online Platform) and are non-refundable for the subscription period they are purchased for. You agree that SiteTrax.io may process your credit card or other valid payment method on each monthly, annual, or other renewal term (based on the applicable billing cycle), on the calendar day corresponding to the first day you subscribed to Online Platform. If your paid subscription to Online Platform began on a day not contained in a subsequent month (e.g., your service began on January 30 and there is no February 30), we will process your payment on the last day of such month. You may elect to cancel or downgrade your Online Platform at any time by following the steps outlined here. Apps purchased via the SiteTrax.io App Directory must be uninstalled separately via the App Directory to avoid charges being incurred. If you subscribed to a monthly plan, your account may immediately be downgraded to a charge-free account, but no credit will be issued for any prepaid fees. If you subscribed to a yearly plan, the downgrade will only be effective at the end of the then-current annual billing period and no credits or refunds will be issued to you for prepaid fees. Online Platform purchased for a one-time fee (such as Academy certifications) are not refundable.
Late Payment. If any amounts due hereunder are not received by SiteTrax.io by the due date, then at SiteTrax.io’s discretion, such charges may accrue late interest at the rate of 12% per year or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. In addition, upon 10 days’ written notice, SiteTrax.io may suspend your access to the Platform if SiteTrax.io does not receive the amounts invoiced hereunder at the expiration of such period.
Taxes and Withholdings. You are responsible for paying all Taxes associated with your purchase of Platform. If SiteTrax.io has the legal obligation to pay or collect Taxes for which you are responsible under this section, the appropriate amount shall be invoiced to and paid by you, unless you provide SiteTrax.io with a valid tax exemption certificate authorized by the appropriate taxing authority. Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any Taxes. If you are required to deduct or withhold any Taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, SiteTrax.io receives an amount equal to the sum it would have received had no such deduction or withholding been made.
07. BETA TESTING
From time to time, we may offer you the opportunity to install, use and test (the “Beta Testing”) certain of our Platform prior to their commercial release (the “Beta Platform”). Beta Platform are intended for evaluation purposes and not for production use and are subject to following additional terms:
we grant you a limited right to use the Beta Platform for Beta Testing purposes during the applicable testing period;
you agree to provide suggestions, comments, or other feedback with respect to the Beta Platform as reasonably requested, including ideas for modifications and enhancements (the “Beta Feedback”). You hereby assign to us all right, title and interest in and to the Beta Feedback. All Beta Platform and your Beta Feedback are SiteTrax.io’s Confidential Information, and SiteTrax.io may use your Beta Feedback in advertising and promotional materials with your prior consent (not to be unreasonably withheld);
we reserve the right to modify the Beta Platform or terminate your participation in the Beta Testing for any reason, without liability to you. We will use commercially reasonable efforts to provide you with reasonable advance notice of such termination;
you acknowledge that the Beta Platform are not at the level of performance or compatibility of a final, generally available product offering, and may be substantially modified prior to commercial availability, or withdrawn.
We are under no obligation to provide technical support with regards to the Beta Platform, and we provide no assurance that any specific errors or performance issues in the Beta Platform will be corrected; and
the Beta Platform are provided on an “as is” and “as available” basis without any warranties or conditions of any kind, whether express, implied, statutory or otherwise. Use of the Beta Platform is at your sole risk. In no event will we be liable to you for any damage whatsoever arising out of the use of or inability to use the Beta Platform.
You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
09. BREACH OF THESE TERMS
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Platform; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.
10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
EVERYTHING WE PROVIDE ON THIS PLATFORM IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS PLATFORM. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
WE ARE NOT LIABLE FOR THE ACCURACY OF THE DATA ANALYZED (UNLESS UNDER A SEPARATE AGREEMENT) AND INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. WE IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless us, our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
12. ARBITRATION; CLASS ACTION WAIVER
Arbitration. Any controversy or claim arising out of or relating to these Terms, Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be governed by the laws of the State of Virginia. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Platform, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.
Class Action Waiver. You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
13. APPLE APP STORE
By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
Apple is not a party to these Terms. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Platform.
In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.
Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
14. GOOGLE PLAY
By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
to the extent of any conflict between (a) the Google Play Terms of Platform and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and
you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms.
Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
Export Compliance and Use Restrictions. You shall not use or access the Platform if you are located in any jurisdiction in which the provision of the Platform is prohibited under Canadian, U.S. or other applicable laws or regulations (a “Prohibited Jurisdiction”) and you shall not provide access to the Platform to any government, entity or individual located in any Prohibited Jurisdiction. You represent, warrant and covenant that (a) you are not named on any Canadian or U.S. government list of persons or entities prohibited from transaction with any Canadian or U.S. person; (b) you are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) you shall not allow Authorized Users to access or use the Platform in violation of any Canadian, U.S. or other applicable export embargoes, prohibitions or restrictions; and (d) you shall comply with all applicable laws regarding the transmission of data exported from the country in which you (or your Authorized Users) are located to Canada and the United States.
Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, acts or regulations of national or local governments.
Hyperlinks. Linking to our Platform is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
Interested in reaching out to SiteTrax by Netarus? Give us a call or use the contact form below to send us an email.