Please read these terms carefully before using the AceRoute platform and services.
These Terms of Service ("Terms") govern your access to and use of the AceRoute field service optimization platform, website, and services (collectively, the "Services"), operated by AceRoute Inc. ("AceRoute," "we," "us," or "our").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" and "your" in these Terms refer to both you and that organization.
When you create an account with us, you must provide accurate, complete, and current information. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
You agree to:
We reserve the right to disable any user account at any time in our sole discretion, including if we believe you have violated these Terms.
Access to certain features of our Services requires a subscription. Subscription fees are specified during the sign-up process or in a separate agreement between you and AceRoute.
Unless otherwise specified:
All payments are non-refundable except as expressly provided in these Terms or as required by applicable law.
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:
Our Services allow you to upload, store, and share content, including field worker data, customer information, and operational data (collectively, "Your Content"). You retain all rights to Your Content, and you are responsible for ensuring that you have all necessary rights to share Your Content with us.
By providing Your Content to our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, create derivative works from, display, and distribute Your Content solely for the purpose of providing and improving the Services. This license continues even if you stop using our Services, but only to the extent we need to comply with applicable laws or enforce our Terms.
You represent and warrant that:
The Services, including all content, features, functionality, software, algorithms, designs, graphics, and user interfaces, are owned by AceRoute or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
These Terms do not grant you any right, title, or interest in or to the Services or any intellectual property owned by AceRoute. All rights not expressly granted to you are reserved by AceRoute and its licensors.
AceRoute, the AceRoute logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AceRoute or its affiliates. You may not use such marks without the prior written permission of AceRoute.
We take data security and privacy seriously. Our collection and use of personal information in connection with the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference.
You are responsible for ensuring that your collection, use, and sharing of data through our Services comply with applicable laws and regulations, including obtaining necessary consents from individuals whose data you process through the Services.
Our Service Level Agreement ("SLA") outlines our commitments regarding service availability, support, and maintenance. The SLA is incorporated into these Terms by reference and can be found on our website or provided upon request.
We may update the SLA from time to time, and your continued use of the Services after such changes constitutes your acceptance of the updated SLA.
THE SERVICES ARE 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.
ACEROUTE DOES NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACEROUTE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
UNDER NO CIRCUMSTANCES WILL ACEROUTE'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO ACEROUTE FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.
THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ACEROUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless AceRoute and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity.
These Terms remain in effect until terminated by either you or AceRoute.
You may terminate these Terms at any time by canceling your account and ceasing to use the Services.
We may terminate or suspend your access to the Services at any time, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.
Upon termination, your right to use the Services will immediately cease, and you must cease all use of the Services. The following provisions of these Terms survive termination: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and any other provision that by its nature should survive termination.
We may modify these Terms at any time by posting the revised terms on our website. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.
For material changes to these Terms, we will make reasonable efforts to notify you, such as by sending an email to the address associated with your account or by displaying a prominent notice within the Services.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted by JAMS under its Comprehensive Arbitration Rules in San Francisco, California. The arbitration shall be conducted by a single arbitrator, and the award shall be final and binding.
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by AceRoute on the Services, constitute the entire agreement between you and AceRoute concerning the Services.
Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and AceRoute's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without AceRoute's prior written consent. AceRoute may assign these Terms in whole or in part at any time without your consent.
Force Majeure. AceRoute shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond AceRoute's reasonable control.
Notices. Any notices or other communications provided by AceRoute under these Terms will be given by posting to the Services or, at AceRoute's discretion, by email to the address associated with your account.
If you have any questions about these Terms, please contact us at:
Email: legal@AceRoute.com
Postal Mail: AceRoute Software Inc., 1900 Powell Street, Emeryville, CA 94608