Home General
Terms of Use
Getting Started
Credits and Usages
Settings
Registration and Signup
Troubleshooting and Support
Login and Access
General
Privacy Policy
Terms of Use
Personal Information and Settings

Terms of Use

Effective Date: May 2023

Last Updated on: 01 May 2023

These Terms of Use ("Terms") describe the terms under which Route Ranger ("We," "Our," "Us") provides subscriber access to and use of Our Service(s) ("You," "Your," "Yourself"). By accessing and/or using Our Service, a) You agree to be bound by these Terms and acknowledge having read the privacy policy located at Privacy Policy ("Privacy Policy"). b) You warrant to us that you are 18 years or above and competent to enter into this agreement. c) In the event You are entering into these Terms on behalf of any entity/company or its group, You possess the requisite authority to bind such entities, company, or its groups to these Terms. If You do not agree to these Terms, You should immediately cease using our Service(s).


You and Us will be individually referred to as the "Party" and collectively as the "Parties."


  1. YOUR RIGHTS

1.1. Subject to Your compliance with these Terms and solely during the Subscription Term, You shall have the limited, non-exclusive, revocable right to access and use the Service(s) for your internal business purposes in accordance with the subscription plan as specifically stated on Our Website or in an Order Form.


  1. YOUR RESPONSIBILITIES

2.1. Your Account: Your access and use of the Service(s) are restricted to the specified number of individual Users as specified in the relevant Order Form, if any, executed between Us and Yourself. Each User shall be identified using unique login information such as usernames and passwords ("User Login"), and such User Login shall be used only by one individual.


2.2. Acceptable Use: You agree not to:

(a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time-share, or otherwise commercially exploit or make the Service(s) available to any third party, other than Users in furtherance of Your internal business purposes as expressly permitted by these Terms;

(b) modify, adapt, or hack the Service(s) or otherwise attempt to gain or gain unauthorized access to the Service(s) or related systems or networks;

(c) use the Service(s) to store or transmit Sensitive Personal Information;

(d) use the Service(s) to store or transmit Customer Data in violation of applicable laws and regulations, including but not limited to the violation of any person's privacy rights, export control laws/regulations;

(e) use the Service(s) to store or transmit any content that infringes upon any person's intellectual property rights or is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory;

(f) use the Service(s) to knowingly post, transmit, upload, link to, send, or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software;

(g) "crawl," "scrape," or "spider" any page, data, or portion of or relating to the Services (through the use of manual or automated means).


2.3. You represent and warrant to Us that You own or have the necessary rights to transmit the Customer Data to Us and that doing so does not violate any applicable law, proprietary, or privacy rights.


  1. SERVICE(S)

    1. RouteRanger follows a pre-paid credit purchase model. You may request a demo of Our Service(s) or a trial of the Service(s) by creating accounts for trial use with the purchase of pre-paid credits for a limited period of time ("Trial Period"). The Trial Period shall be subject to these Terms and any additional terms that We specify. We, at our sole discretion, shall have the right to terminate the Service(s) and Your right to use the Service(s) at any time during the Trial Period and for any reason, without being liable to You.

    2. We reserve the right to deploy enhancements, new features, or updates ("Updates") to the Service(s) at any time. These Updates are also subject to these Terms, and by continuing to access and use the Service(s), you agree to be bound by any such Updates.

    3. We may need to temporarily make the Service(s) unavailable due to scheduled downtime for upgrades and maintenance. In such cases, we will make commercially reasonable efforts to notify you in advance of any anticipated service interruptions.


  1. INTELLECTUAL PROPERTY RIGHTS

    1. All intellectual property and proprietary rights, including patents, inventions, copyrights, trademarks, domain names, trade secrets, or know-how (collectively referred to as "Intellectual Property Rights"), related to the Service(s) belong exclusively to us, except for the rights granted to you under clause 1.

    2. You retain ownership of the Customer Data that you provide to us. We do not claim ownership over your Customer Data. However, by providing us with Customer Data, you grant us a right and license to incorporate it into the Services or otherwise use any suggestions, enhancement requests, recommendations, or other feedback we receive from you.

    3. All rights not expressly granted to you under these Terms are reserved by us.


  1. THIRD-PARTY SERVICES

    1. You acknowledge and agree that Your use of Third-party Services will be subject to the terms and conditions and privacy policies of such third-party, and that We shall not be responsible or liable for Your enablement, access, or use of such Third-party Services, including any processing of your data by such third party. For any issues or concerns related to the use of Third-party Services, you should directly contact the respective third-party service provider.


  1. CHARGES AND PAYMENT

    1. Subscription Charges: All charges associated with Your Account shall be based on the pre-paid credits purchase model as specified on Our Website/App ("Subscription Charges"), and any additional details regarding the Subscription Charges will be provided in an Order Form. The Subscription Charges are due in full and payable in advance at the time of subscribing to the Service(s) using the purchased credits.

    2. Payment: By subscribing to the Services, You authorize Us or Our authorized agents, as applicable, to deduct the corresponding credits from Your pre-paid credits balance.

    3. Refunds: Unless otherwise specified in an Order Form, all Subscription Charges are non-refundable. No refunds shall be issued for partial use or non-use of the Service(s).

    4. Applicable Taxes: Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes, which may be imposed by any local, state, provincial, or foreign jurisdiction ("Taxes"). You are solely responsible for the payment of any applicable Taxes arising from or related to Your subscription and use of the Services.


  1. TERM, TERMINATION, AND SUSPENSION

7.1. The Subscription Term will be specified on the App/Website or in the relevant Order Form.


7.2. Termination by You: In the event of a material breach of these Terms by Us, You may terminate one or more of Your Account(s). Prior to termination, You must provide advance notice of such breach and allow Us a minimum of thirty (30) days to remedy the breach.


7.3. Suspension and Termination by Us: In addition to suspension for late or non-payment of Subscription Charges, We may suspend Your access to and use of Your Account or the Service(s) if You violate these Terms. We will notify You if Your activities violate these Terms and, at Our sole discretion, grant You a fifteen (15) day period ("Cure Period") to rectify or cease such activities. If You fail to remedy or cease such activities within the Cure Period, or if We believe that such breaches are incapable of being remedied, Your Account will be terminated. Furthermore, We may terminate Your Account at any time with written notice for business reasons, including the discontinuation of the Services.


7.4. Termination for Insolvency: Either Party may terminate these Terms with notice if the other Party becomes insolvent, makes or has made an assignment for the benefit of creditors, is subject to voluntary or involuntary bankruptcy proceedings (excluding cases where involuntary bankruptcies are dismissed within sixty (60) days), or has a receiver or trustee appointed for a substantial portion of its assets.


7.5. Use of RouteRanger: RouteRanger is intended for use on a single mobile device at a time. Users are prohibited from sharing their login details with others or using the application on multiple devices simultaneously. Violation of this policy may result in immediate suspension or termination of the user's account without notice. By using RouteRanger, users agree to comply with this policy and all other applicable laws and regulations.


7.6. Effect of Terminating Your Account: Upon termination of Your Account, whether by Yourself or by Us, Your access and use of the Services will cease. We will retain all Customer Data in our possession for a period from the effective termination date ("Data Retention Period"). After the Data Retention Period, We reserve the right to delete all Customer Data in our possession.


  1. CONFIDENTIALITY; DATA PRIVACY AND SECURITY

8.1. If You receive a user identification code, login, password, or any other information as part of Our security procedures, You must keep such information confidential and not disclose it to any third party. We reserve the right to disable any user identification code or password, whether chosen by You or provided by Us if We reasonably believe that You have failed to comply with these Terms. We are not responsible for any activities or data loss in Your Account resulting from Your failure to fulfill Your obligations under this clause.


8.2. Each Party will protect the other's Confidential Information using the same level of care as it uses to protect its own Confidential Information, but not less than reasonable care. Unless expressly permitted by these Terms, each Party may use the other's Confidential Information solely for the purpose of exercising its rights and fulfilling its obligations under these Terms. Confidential Information may only be disclosed to employees, representatives, and agents who have a legitimate need to know such information for the aforementioned purposes and who are bound by confidentiality obligations. This provision supersedes any prior non-disclosure agreement between the Parties that specifically addresses the confidentiality of Customer Data.


8.3. We will implement appropriate technical and organizational measures to protect Customer Data. These measures are designed to provide a level of security commensurate with the risks associated with processing Customer Data. In the event of any accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to Customer Data processed by Us, We will promptly notify You.


8.4. You acknowledge that We will only process Customer Data to provide, maintain, and improve the Services, address technical issues, or fulfill support requests as specified in these Terms and Our Privacy Policy. We will not process Customer Data for any other purposes without Your consent.


8.5. You understand and acknowledge that We act as a data processor and process Personal Data on Your behalf when You, Your Users, or End Users use the Service.


8.6. You agree that We may access or disclose information about You, Your Account, Users, and Customer Data in order to (a) comply with the law or respond to legal requests and processes, or (b) protect the proprietary rights of our group companies or customers. Additionally, if We suspect any fraudulent, abusive, or illegal activity by You, We may, at Our sole discretion, report such activity to law enforcement authorities.


8.7. We will reasonably assist You, at Your expense, in meeting Your obligations under applicable data protection laws.


8.8. If You are a resident of the EEA (including Switzerland), please contact us at author.routeranger@gmail.com to establish a data processing agreement for the transfer of data outside the EEA.

  1. DISCLAIMER OF WARRANTIES

9.1. The Service(s), including all server and network components, are provided on an "as is" and "as available" basis. We exclude all express or implied representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.


9.2. You acknowledge that we do not warrant uninterrupted, timely, secure, error-free, or virus-free access to the Service(s) as they are provided over the Internet and various telecommunications networks, which are beyond our control.


  1. LIMITATION OF LIABILITY

10.1. To the fullest extent permitted by applicable law, neither party will be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages, including but not limited to lost profits, revenue, sales, goodwill, loss of use, or lost content, impact on business, business interruption, loss of anticipated savings, or loss of business opportunity, regardless of the theory of liability, including contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if a party has been advised of the possibility of such damages or could have foreseen such damages. Our aggregate liability, together with our affiliates, officers, employees, agents, suppliers, and licensors, relating to the Service(s), will be limited to an amount equal to twelve months of the Subscription Charges paid by you for the Service(s) prior to the first event or occurrence giving rise to such liability.


10.2. In jurisdictions where the exclusion of implied warranties or limitation of liability for incidental or consequential damages is not permitted, our liability will be limited to the greatest extent permitted by law.


10.3. Notwithstanding anything else to the contrary, we disclaim all liabilities, to the maximum extent permitted by law, with respect to the services offered during the trial period.


  1. INDEMNIFICATION

11.1. Your Indemnification: You agree to indemnify and hold RouteRanger, its respective employees, officers, directors, and agents harmless against any claims brought by a third party arising from your acts or omissions in connection with clause 2 of these Terms. This indemnification is subject to the following conditions: (a) We promptly notify you of any threat or notice of such a claim, (b) You have sole and exclusive control and authority to select defense attorneys, defend, and/or settle any such claim, and (c) We fully cooperate with you in connection with the claim.


  1. MISCELLANEOUS

12.1. Assignment: These Terms and any rights or obligations hereunder may not be assigned by you without prior written consent from RouteRanger, while we can assign any of our rights and obligations without your prior written consent. These Terms are binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.


12.2. Amendment: RouteRanger may amend these Terms from time to time, in which case the new Terms will supersede any prior versions. We will provide you with notice at least ten (10) days before the effective date of any amendments to these Terms. Your continued use of the Service(s) following the effective date of any such amendment may be relied upon by RouteRanger as your acceptance of the amended terms.


12.3. Severability; No Waiver: If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court to best accomplish the original provision to the fullest extent permitted by applicable law. The remaining provisions of these Terms shall remain in effect. Our non-exercise of any right or provision of these Terms does not constitute a waiver of that right or provision.


12.4. Relationship of the Parties: The Parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.


12.5. Survival: All clauses that, by their nature, are intended to survive, including but not limited to Clauses 4 (Intellectual Property Rights), 6 (Charges and Payment), 7 (Term, Suspension, and Termination), 8 (Confidentiality, Data Privacy, and Security), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 12 (Miscellaneous), and 13 (Definitions), shall survive any termination of our agreement with you regarding the use of the Service(s). Termination does not limit either party's liability for obligations accrued prior to such termination or for any breach of these Terms.


12.6. Notices and Consent to Electronic Communications: All notices from RouteRanger under these Terms may be delivered in writing by electronic mail to the email address provided in your Account. All notices shall be deemed given immediately upon delivery by electronic mail, or if otherwise delivered, upon receipt or, if earlier, two (2) business days after being deposited in the mail.


12.7. Publicity Rights: You grant RouteRanger a royalty-free, worldwide, transferable license to use your trademark or logo to identify you as our customer on our websites and/or marketing collateral and to include your use of the Services in case studies.


12.8. Governing Law and Dispute Resolution: These Terms shall be governed by the laws of Canada without regard to any conflict of laws principles. You expressly agree to submit to the exclusive personal jurisdiction of the courts at Brampton, Ontario, Canada. Any dispute, claim, or controversy arising out of or relating to these Terms or their breach, termination, enforcement, interpretation, or validity, including the determination of the scope or applicability of these Terms to arbitrate, shall be settled by arbitration administered by the ADR Institute of Canada in accordance with its arbitration rules ("ADR Rules"). The arbitration shall be conducted in English. The dispute shall be resolved by a sole arbitrator appointed in accordance with the ADR Rules, and the decision of the sole arbitrator shall be final and binding on the Parties.


12.9. Entire Agreement: These Terms, together with any Order Forms, constitute the entire agreement and supersede any and all prior agreements between RouteRanger and you regarding the subject matter hereof. In the event of a conflict between the terms of any Order Form and these Terms, these Terms shall prevail. In the case of a conflict between two Order Forms, the later-dated Order Form shall prevail.


12.10. Force Majeure: RouteRanger shall not be liable for the unavailability of the Service(s) caused by circumstances beyond our reasonable control, including but not limited to acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control, or acts undertaken by third parties, including distributed denial of Service attacks.


  1. DEFINITIONS

When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:


Account: refers to any accounts or instances created by you or on your behalf for access and use of the Services.


API: stands for the application programming interfaces developed, enabled by, or licensed to us that permit access to certain functionality provided by the Service(s).


Confidential Information: includes all information disclosed by one Party to the other Party, whether in tangible form and labeled as "confidential" or with a similar legend, or information that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For the purposes of these Terms, Customer Data shall be deemed Confidential Information. However, Confidential Information does not include information that: (a) was publicly known and generally available in the public domain before the time of disclosure; (b) becomes publicly known and generally available after disclosure through no action or inaction of the receiving party; (c) is already in the possession of the receiving party at the time of disclosure; (d) is obtained by the receiving party from a third party without a breach of confidentiality obligations; (e) is independently developed by the receiving party without the use or reference to the disclosing party's Confidential Information; or (f) is required by law to be disclosed, provided that the receiving party gives prior written notice to the disclosing party to allow seeking a protective order or other appropriate relief to maintain confidentiality.


Customer Data: refers to all electronic data, text, messages, personal data, or other materials, including but not limited to Personal Data of Users and End Users, submitted to the Services by you through your Account in connection with your use of the Services.


Documentation: includes any written or electronic documentation, images, video, text, or sounds that specify the functionalities of the Service(s) provided or made available by us to you or your Users through the Service(s) or otherwise.


End User: denotes any person or entity, other than you or your Users, with whom you interact using the Service(s).

Order Form: means any service order form or statement of work specifying the Service(s) subscribed to, particular features and functionalities in the Service(s) that You wish to avail and the Subscription Term.

Personal Data: means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller.

Processing/To Process: means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

Sensitive Personal Information means information that relates to an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person's sex life or sexual orientation. It also includes information about an individual's criminal offenses or convictions, as well as any other information deemed sensitive under applicable data protection laws.

Subscription Term: means the period during which You have agreed to subscribe to the Service(s) specified in the Website or in a relevant Order Form.

Third-party Service(s) shall mean third-party application(s) or service(s) integrating with the Service(s) through APIs.

User: means those who are designated users within the Service(s), including an Account administrator, agents, and other designated users.