Terms of Use

1. Introduction

Welcome to Tidy Dispatch, the trucking dispatch software as a service platform provided by Tidy SaaS, LLC (the "Service"). This Terms of Use agreement ("Agreement") governs your use of the Service and constitutes a legally binding agreement between you and Tidy SaaS, LLC ("Company" or "we" or "us"). By accessing or using the Service, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you may not use the Service. Please read this Agreement carefully before using the Service. If you have any questions or concerns about this Agreement, please contact us at info@TidyDispatch.com. In this Agreement, "you" or "user" refers to any person who accesses or uses the Service, and "we," "us," "our," or "Company" refers to Tidy SaaS, LLC. This Agreement is subject to change by us at any time, and we will notify you of any material changes by posting the revised Agreement on the Service or by emailing you at the email address associated with your account. Your continued use of the Service after any such changes constitutes your acceptance of the revised Agreement.

2. Account Creation

To access and use the Service, you must create an account ("Account") by providing us with accurate and complete registration information, including your name, email address, and a password. You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation. By creating an Account, you represent and warrant that you are at least 18 years of age or have reached the age of majority in your jurisdiction of residence, and that you have the legal capacity to enter into this Agreement. If you are creating an Account on behalf of an entity, you represent and warrant that you are authorized to act on behalf of that entity and to bind that entity to this Agreement. We reserve the right to suspend or terminate your Account at any time and for any reason, without notice or liability to you. You may also cancel your Account at any time by emailing us at info@TidyDispatch.com. Upon termination or cancellation of your Account, you will lose all access to the Service and any data or content associated with your Account. We reserve the right to delete any such data or content in accordance with our Privacy Policy.

3. Payment and Billing

Tidy Dispatch offers free and paid monthly subscription plans to access the Service. The current pricing and features of our subscription plans are available on our website pricing page. If you subscribe to a paid plan, you agree to pay all applicable fees and taxes associated with your use of the Service in a timely manner. We will charge your credit card or other payment method on a monthly basis, in advance of each month of service. You authorize us to automatically charge your payment method for all applicable fees and taxes. If any payment is not received or is declined by your payment method, we may suspend or terminate your access to the Service. You are responsible for updating your payment information promptly if it changes. We may change our subscription plans and pricing at any time, but we will notify you of any material changes by email or by posting the revised pricing on our website. All payments are non-refundable, except as required by law or as otherwise provided in this Agreement. If you cancel your subscription, you will not receive a refund for any unused portion of your subscription period. If you dispute any charges, you must notify us within 30 days after the date of the charge by emailing us at info@TidyDispatch.com. Failure to timely notify us of any dispute will waive your right to dispute the charges. We may use a third-party payment processor to process your payments. You agree to be bound by the terms and conditions of any payment processor we use. We will not be responsible for any errors, fees, or other issues caused by the payment processor.

4. Use of the Service

You may use the Service only for lawful purposes and in accordance with this Agreement. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To engage in any activity that is harmful, fraudulent, deceptive, or offensive.
• To transmit any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or other harmful or malicious code.
• To interfere with or disrupt the integrity or performance of the Service or any other user's use of the Service.
• To attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service or to any of our servers, systems, or networks.
• To use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• To use the Service to transmit, distribute, or store any material that is infringing, libelous, defamatory, obscene, pornographic, indecent, or otherwise unlawful or tortious, or that violates any person's privacy or publicity rights.

We reserve the right to remove any content or terminate your access to the Service for any reason or no reason, without notice or liability to you. We also reserve the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose information about any user who violates this Agreement or any applicable law or regulation. You are solely responsible for all content you transmit or upload through the Service, and we are not responsible or liable for any such content. You grant us a non-exclusive, royalty-free, worldwide license to use, copy, modify, distribute, publish, and process your content solely for the purpose of providing the Service to you and to improve our services. You may not use any content, trademarks, logos, or other intellectual property belonging to us without our express written permission.

5. Intellectual Property

The Service, including all content, software, graphics, images, text, and other materials made available on or through the Service, are owned by or licensed to Tidy SaaS, LLC and are protected by copyright, trademark, and other intellectual property laws. You may use the Service only for its intended purpose and in accordance with this Agreement. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service. You acknowledge that Tidy SaaS, LLC and its licensors own all right, title, and interest in and to the Service, including all intellectual property rights. You will not challenge, or assist others to challenge, Tidy SaaS, LLC's ownership or control of the Service or any intellectual property rights in the Service. You may provide feedback to us regarding the Service, and you agree that we may use such feedback for any purpose without compensation to you, including for product or service improvements or enhancements. If you believe that any content or material on the Service infringes your copyright or trademark rights, please contact us at info@TidyDispatch.com. We may remove or disable access to infringing material, and we may terminate the accounts of repeat infringers in appropriate circumstances. We respect the intellectual property rights of others, and we expect our users to do the same. If you repeatedly infringe the intellectual property rights of others, we may terminate your access to the Service.

6. Limitations of Liability

You agree that Tidy SaaS, LLC, its affiliates, and their respective officers, directors, employees, and agents will not be liable to you or any third-party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the Service, regardless of the form of action or the basis of the claim, whether in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages. You further agree that Tidy SaaS, LLC, its affiliates, and their respective officers, directors, employees, and agents will not be liable for any damages arising from or related to your use of or inability to use the Service, including but not limited to, damages caused by or resulting from reliance on any information obtained through the Service, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Tidy SaaS, LLC's records, programs, or services. In no event shall Tidy SaaS, LLC's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the amount paid by you, if any, for accessing the Service. You agree to defend, indemnify, and hold harmless Tidy SaaS, LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, actions, suits or proceedings, as well as any losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, including but not limited to, any violation by you of this Agreement or any applicable law, regulation, or order. The limitations and exclusions of liability set forth in this section apply to the fullest extent permitted by law. Some jurisdictions may not allow the exclusion or limitation of certain damages, so the above limitations or exclusions may not apply to you. In such cases, Tidy SaaS, LLC's liability will be limited to the fullest extent permitted by applicable law.

7. Termination

This Agreement will remain in effect until terminated by you or Tidy SaaS, LLC. You may terminate this Agreement at any time by discontinuing use of the Service and deleting any copies of the Service in your possession or control. Tidy SaaS, LLC may, at its sole discretion, suspend or terminate your account and your access to the Service at any time, with or without cause, and without notice. Upon any termination, all rights and licenses granted to you in this Agreement will immediately terminate. Upon termination, you must immediately cease all use of the Service and delete any copies of the Service in your possession or control. The provisions of this Agreement that by their nature should survive termination, including but not limited to, the sections on Intellectual Property, Limitations of Liability, Indemnification, and Governing Law, will survive any termination of this Agreement. If you wish to terminate this Agreement or if you have any questions about this termination section, please contact us at info@TidyDispatch.com.

8. Modifications to this Agreement

Tidy SaaS, LLC reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. It is your responsibility to regularly check this Agreement for any modifications. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Tidy SaaS, LLC may also, in the future, offer new services and/or features through the Service (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. If you have any questions about this Modifications section or any other part of this Agreement, please contact us at info@TidyDispatch.com.

9. Miscellaneous

This Agreement constitutes the entire agreement between you and Tidy SaaS, LLC regarding the use of the Service and supersedes all prior agreements or understandings, written or oral, regarding the use of the Service. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Tidy SaaS, LLC's failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. You may not assign or transfer this Agreement, by operation of law or otherwise, without Tidy SaaS, LLC's prior written consent. Tidy SaaS, LLC may assign or transfer this Agreement, in whole or in part, without restriction. The section headings used in this Agreement are for convenience only and have no legal or contractual effect. This Agreement shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions. Any dispute arising out of or relating to this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Douglas County, Colorado, and you hereby submit to the personal jurisdiction of such courts. If you have any questions about this Miscellaneous section or any other part of this Agreement, please contact us at info@TidyDispatch.com.