Terms of Service

01

Agreement and operator

These Terms of Service (“Terms”) are a binding agreement between you and MindHere Consulting LLC, the owner and operator of LogiTraq (“MindHere,” “LogiTraq,” “we,” “us,” or “our”). They govern your access to logitraq.com and any LogiTraq pilot, sandbox, evaluation, software, support, or related service we make available under these Terms (collectively, the “Services”).

By accessing or using the Services or affirmatively accepting these Terms, you agree to them. If you use the Services for a company or other organization, you represent that you have authority to bind it, and “you” includes that organization. If you do not agree, do not use the Services.

02

Service scope and contract priority

LogiTraq is business software designed to support roll-off operations, including booking, dispatch, driver workflows, container and field evidence, ticket reconciliation, and invoice-ready records. Feature access, configuration, and limits may depend on your subscription, account, product configuration, and applicable Service Agreement. A website description is not a contractual promise of a particular configuration.

Production subscriptions and some evaluations may require a signed order, service agreement, data processing addendum, acceptable-use schedule, or other written terms (“Service Agreement”). If a Service Agreement conflicts with these Terms, the Service Agreement controls for its subject matter. Otherwise, these Terms, the Privacy Policy, and any accepted order form the agreement. Purchase-order boilerplate does not modify that agreement unless we expressly accept it in writing.

Submitting a contact or pilot request only asks us to respond and evaluate possible fit. It does not create an account, guarantee pilot access, place an order, create a paid subscription, or require either party to proceed. Any pilot or production commitment requires our written confirmation or an applicable Service Agreement.

03

Eligibility and accounts

The Services are for businesses and their authorized personnel. You must be at least 18, legally capable of entering a contract, and authorized to act for any organization you represent. Information you provide must be accurate, current, and complete.

If we issue account access, you must keep credentials confidential, use individual rather than shared credentials unless a supported workflow expressly permits otherwise, apply reasonable device safeguards, and promptly tell us of suspected unauthorized access. You are responsible for activity under your accounts to the extent permitted by law. We may require multifactor authentication, reauthentication, or other safeguards for sensitive actions.

04

Customer responsibilities

You are responsible for your business and for how authorized users use the Services, including:

• complying with transportation, waste, environmental, employment, privacy, tax, safety, recordkeeping, and other laws that apply to your operations;
• confirming dispatch, route, weight, disposal, pricing, tax, invoice, and payment decisions before relying on them;
• obtaining notices, consents, and other authority needed to collect and process customer, employee, driver, location, image, communication, and financial information;
• configuring roles, permissions, integrations, retention choices, and operational rules appropriate for your organization;
• keeping source records and exports reasonably necessary for business continuity and legal compliance; and
• ensuring Customer Data is lawful, accurate enough for its intended use, and does not violate another person’s rights.

05

Acceptable use

You may not, and may not enable another person to:

• use the Services unlawfully, fraudulently, deceptively, or in a way that violates another person’s rights;
• probe, scan, disrupt, overload, bypass, or gain unauthorized access to the Services, accounts, data, security controls, or connected systems;
• upload malware, destructive code, unlawful content, or data you lack authority to process;
• submit raw payment-card or bank credentials, passwords, government identifiers, or protected health information into fields not expressly designed and approved for that data;
• scrape, harvest, benchmark for publication, copy, frame, resell, sublicense, or provide the Services as a service bureau without written permission;
• reverse engineer, decompile, disassemble, or attempt to discover non-public source code or models, except where a restriction is prohibited by law;
• remove proprietary notices or use LogiTraq branding in a way that suggests sponsorship or endorsement; or
• use the Services to build or train a competing product, including by automated extraction, except with our written agreement.

Good-faith security research must be authorized in advance. Contact us before testing any suspected vulnerability. We may restrict requests, content, or access that creates risk or violates these Terms.

06

Pilots, fees, and service changes

Pilots, previews, and sandboxes

Pilot, beta, preview, sandbox, and evaluation features may be incomplete, change without notice, contain errors, have limited support, or be discontinued. Unless we expressly authorize production use in writing, use them only with synthetic, test, or otherwise approved data and do not rely on them for live dispatch, billing, safety, compliance, or other production decisions. Feedback and usage may be used to improve the Services as described below and in the Privacy Policy.

Fees, taxes, and renewal

Public pricing is informational and may be a time-limited market-validation offer. Your order or Service Agreement determines fees, billing metrics, subscription term, renewal, payment due dates, taxes, discounts, and cancellation rights. The public website does not currently accept payment or create a paid subscription. Third-party payment or accounting providers may charge separate fees under their own terms.

Changes to the Services

We may add, change, suspend, or discontinue site content and evaluation features. For a paid production Service, material feature, pricing, renewal, and discontinuation changes are governed by the applicable Service Agreement. We do not promise services, integrations, or release commitments not included in that agreement.

07

Customer Data, privacy, and security

“Customer Data” means information submitted to the Services by or for you, excluding LogiTraq technology, service-generated security and operational metadata, and information already lawfully available to us independently. As between you and MindHere, you retain your rights in Customer Data. You grant us a non-exclusive right to host, copy, process, transmit, and otherwise use Customer Data only as needed to provide, secure, support, and improve the Services; comply with law; and fulfill the agreement.

You represent that you have given required notices and have a valid basis to provide and instruct us to process Customer Data. We will handle personal information as described in the Privacy Policy and any applicable data processing terms. We may create aggregate or de-identified information that cannot reasonably be linked to you or an individual and use it for security, service improvement, capacity planning, and business analysis, subject to contractual restrictions and applicable law.

We use safeguards designed for the nature of the Services, but no system is completely secure. You must notify us promptly if you believe Customer Data or an account has been compromised. Data return, deletion, retention, legal hold, and incident commitments for a production customer are governed by its Service Agreement.

08

Intellectual property

The Services, site content, software, interfaces, designs, documentation, trademarks, logos, and related technology are owned by MindHere or its licensors and protected by intellectual-property laws. Subject to these Terms and any Service Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Services for your internal business evaluation or operations during the authorized term.

If you provide suggestions, ideas, or feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate it without restriction or payment. This does not give us rights to identify you publicly or disclose your confidential information. No rights are granted except those expressly stated.

09

Third-party services

The Services may link to or interoperate with third-party services such as analytics, form processing, mapping, accounting, communications, hosting, or payment providers. Your use of a third party is governed by its terms and privacy notice when you separately use or enable that service. You authorize us to exchange data with a service when you or your administrator enables the connection.

We are not responsible for third-party products, acts, outages, changes, or data handling, and we do not guarantee continued compatibility. Disabling an integration may affect the associated feature but should not be treated as cancellation of the underlying third-party account. References and links do not imply endorsement.

10

Disclaimers, indemnity, and liability

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MINDHERE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR SUITABLE FOR EVERY OPERATION OR LEGAL REQUIREMENT.

Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless MindHere and its officers, employees, contractors, and affiliates from third-party claims, damages, fines, costs, and reasonable attorneys’ fees arising from your Customer Data, your business operations, your violation of these Terms or law, or your infringement of another person’s rights. This obligation does not apply to the extent a claim was caused by MindHere’s breach, gross negligence, or willful misconduct.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDHERE AND ITS AFFILIATES, LICENSORS, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION; OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. THEIR AGGREGATE LIABILITY ARISING FROM THE SERVICES OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID FOR THE AFFECTED SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US$100 IF YOU PAID NOTHING.

These exclusions and limits do not apply where prohibited by law and do not limit payment obligations, misuse of intellectual property, indemnity obligations, or liability that cannot legally be limited. Some jurisdictions do not allow certain exclusions, so part of this section may not apply to you.

11

Suspension, termination, and disputes

You may stop using the public site at any time. Pilot and production cancellation rights are set out in the applicable Service Agreement. We may suspend or terminate access when reasonably necessary to address a security risk, unlawful conduct, material breach, nonpayment, harm to the Services or others, or legal requirement. Where practical, we will give notice and an opportunity to cure. Provisions that by their nature should survive do survive, including payment, ownership, confidentiality, disclaimers, indemnity, liability, and dispute terms.

Governing law and venue

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules. The state and federal courts located in Onondaga County, New York have exclusive jurisdiction over disputes arising from these Terms or the Services, and each party consents to personal jurisdiction and venue there. Before filing a claim, each party agrees to give written notice and make a good-faith effort to resolve the dispute informally for at least 30 days. Nothing prevents either party from seeking urgent injunctive relief or using a small-claims court with jurisdiction.

12

General terms and contact

These Terms and incorporated documents are the entire agreement about their subject matter. If a provision is unenforceable, it will be modified only as much as necessary and the rest remains effective. A waiver must be written and is not a continuing waiver. You may not assign these Terms without our written consent; we may assign them in connection with a reorganization, financing, merger, sale, or transfer of the Services. The parties are independent contractors. Headings are for convenience, and “including” means “including without limitation.”

We may update these Terms to reflect changes in the Services, law, or business practices. The updated version will identify its effective date. Material changes will receive additional notice where required. Continued use after an updated version takes effect constitutes acceptance to the extent permitted by law; otherwise, stop using the Services.

Notices and questions

You may also use the LogiTraq contact form. Legal notices must clearly identify the sender, organization, subject, and requested response.