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Terms of Service

Last Updated: January 15, 2024

Important Disclaimer: This application is provided 'as is' without any warranties, representations, or guarantees of any kind. The developers and providers of this application accept no responsibility or liability for any loss, damage, or injury resulting from its use. All users assume full responsibility for their actions and decisions made based on information provided by the application.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PTI4YOU ("we," "us," or "our") governing your access to and use of our pre-trip inspection software and services (the "Service") available at pti4you.com.

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Your use of the Service is also subject to all applicable local, state, and federal laws and regulations in the United States of America.

2. Description of Service

PTI4YOU provides a cloud-based software platform for conducting, managing, and reporting pre-trip vehicle inspections. The Service includes, but is not limited to:

  • Digital inspection report creation and management
  • Vehicle and fleet management tools
  • Data storage and retrieval
  • Reporting and analytics features
  • Mobile and web-based interfaces
  • Integration capabilities with third-party systems
  • Customer support services

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, at our sole discretion.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Requirements

You must:

  • Be at least 18 years of age or have parental consent
  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized use of your account
  • Be responsible for all activities under your account

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause or notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or non-payment of fees.

4. Use of Service

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service solely for conducting pre-trip vehicle inspections and related business activities.

4.2 Prohibited Activities

You agree not to:

  • Violate any applicable federal, state, local, or international law or regulation
  • Infringe upon the rights of others, including intellectual property rights
  • Transmit any malicious code, viruses, or harmful software
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or servers connected to the Service
  • Use the Service to collect or store personal data about other users without consent
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Use the Service for any fraudulent or illegal purpose
  • Reverse engineer, decompile, or disassemble any portion of the Service
  • Use automated systems or scripts to access the Service without authorization
  • Resell, sublicense, or redistribute the Service without our written permission
  • Remove or alter any proprietary notices or labels on the Service

5. User Content and Data

5.1 Ownership

You retain ownership of all content, data, and information you upload, submit, or create through the Service ("User Content"). However, by using the Service, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content solely for the purpose of providing and improving the Service.

5.2 Your Responsibilities

You are solely responsible for:

  • The accuracy, quality, and legality of User Content
  • Obtaining all necessary rights, permissions, and consents to submit User Content
  • Ensuring User Content does not violate any third-party rights or applicable laws
  • Backing up your User Content

5.3 Data Retention

We will retain your User Content in accordance with our Privacy Policy. Upon termination of your account, we may delete your User Content after a reasonable retention period, subject to legal and regulatory requirements.

6. Fees and Payment

6.1 Subscription Fees and Free Trial

The Service is provided on a subscription basis. We offer a 15-day free trial period for new users to evaluate the Service. After the 15-day free trial period expires, you agree to pay all fees associated with your subscription plan as described on our pricing page. Fees are charged in advance on a monthly or annual basis, as applicable.

During the free trial period, you have full access to the features of your selected plan. No credit card is required to start the free trial. If you do not cancel before the end of the 15-day trial period, your subscription will automatically convert to a paid subscription and you will be charged according to your selected plan.

6.2 Payment Terms

All fees are non-refundable except as required by law or as otherwise stated in these Terms. You are responsible for providing accurate payment information and authorizing us to charge your payment method for all fees.

6.3 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price increases. Continued use of the Service after a price increase constitutes acceptance of the new pricing.

6.4 Overdue Payments

If payment is not received by the due date, we may suspend or terminate your access to the Service. You remain responsible for all fees incurred prior to termination.

7. Intellectual Property Rights

The Service, including its original content, features, functionality, design, logos, trademarks, and software, is owned by PTI4YOU and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the Service, except as expressly permitted by these Terms or applicable law.

8. Disclaimers and Limitation of Liability

AS-IS DISCLAIMER: This application is provided 'as is' without any warranties, representations, or guarantees of any kind. The developers and providers of this application accept no responsibility or liability for any loss, damage, or injury resulting from its use. All users assume full responsibility for their actions and decisions made based on information provided by the application.

8.1 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT:

  • THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
  • ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED
  • THE SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PTI PRO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS, REVENUE, DATA, OR USE
  • LOSS OR DAMAGE TO VEHICLES, EQUIPMENT, OR PROPERTY
  • PERSONAL INJURY OR DEATH
  • BUSINESS INTERRUPTION
  • LOSS OF GOODWILL
  • COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

8.3 User Responsibility

YOU ACKNOWLEDGE AND AGREE THAT:

  • YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF ALL DATA ENTERED INTO THE SERVICE
  • YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING PROPER VEHICLE INSPECTIONS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS
  • THE SERVICE IS A TOOL TO ASSIST WITH INSPECTIONS BUT DOES NOT REPLACE YOUR PROFESSIONAL JUDGMENT OR OBLIGATIONS
  • YOU ASSUME FULL RESPONSIBILITY FOR ALL DECISIONS AND ACTIONS TAKEN BASED ON INFORMATION PROVIDED BY THE SERVICE
  • YOU WILL NOT RELY SOLELY ON THE SERVICE FOR SAFETY OR COMPLIANCE DECISIONS

9. Indemnification

You agree to defend, indemnify, and hold harmless PTI4YOU, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your User Content
  • Any injury, death, or property damage resulting from your use of the Service or reliance on information provided by the Service

10. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by PTI4YOU. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services.

You acknowledge and agree that PTI4YOU shall not be responsible or liable for any damage or loss caused by or in connection with the use of any third-party services.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us or using the account termination features in the Service, subject to any applicable fees or obligations.

11.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms
  • Non-payment of fees
  • Fraudulent or illegal activity
  • Violation of applicable laws or regulations
  • At our sole discretion

11.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law provisions.

12.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law. The arbitration shall take place in [Your City, State], United States.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms that is due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet failures, or other force majeure events.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on this page
  • Updating the "Last Updated" date
  • Sending you an email notification (for significant changes)
  • Displaying a notice in the Service

Your continued use of the Service after any changes constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service and may terminate your account.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and PTI4YOU regarding the Service and supersede all prior agreements and understandings.

17. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18. Contact Information

If you have any questions about these Terms, please contact us at:

PTI4YOU
Email: legal@pti4you.com
Address: 123 Fleet Management Ave, Logistics City, LC 12345, United States
Phone: +1 (555) 123-4567

Final Disclaimer: This application is provided 'as is' without any warranties, representations, or guarantees of any kind. The developers and providers of this application accept no responsibility or liability for any loss, damage, or injury resulting from its use. All users assume full responsibility for their actions and decisions made based on information provided by the application.

PTI4YOU

DOT-compliant pre-trip inspection and DVIR software for US fleet operators. Digitize your inspections, stay compliant, and cut maintenance costs.

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