Terms of Service

1. Acceptance of Terms

By accessing or using the BtrackTMS platform ("Service"), operated by BtrackTMS ("Company", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all users of the Service, including freight forwarders, brokers, 3PLs, shippers, carriers, and any other parties accessing the platform.

2. Description of Service

BtrackTMS is a cloud-based Transportation Management System (TMS) that provides:

• Order and shipment management
• Real-time GPS tracking
• Invoicing and payment processing
• Customer portal for shippers
• AI-powered assistant (Sofia)
• Reporting and analytics
• Integration with third-party services

3. Account Registration

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

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organization.

4. Subscription Plans and Billing

The Service is offered through various subscription plans as described on our pricing page. By selecting a plan, you agree to pay the applicable fees.

• Billing Cycle: Subscriptions are billed monthly or annually, depending on the plan selected.
• Onboarding: All plans include free onboarding assistance to help you get started.
• Price Changes: We reserve the right to modify pricing with 30 days' notice. Existing subscriptions will honor their current rate until the end of the billing period.
• Refunds: Annual subscriptions include a 30-day money-back guarantee. Monthly subscriptions are non-refundable.
• Cancellation: You may cancel your subscription at any time. Access continues until the end of the current billing period.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable regulations
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service or its infrastructure
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to store or transmit content that infringes third-party rights
• Resell or redistribute the Service without written authorization

6. Data Ownership and Privacy

You retain all ownership rights to the data you upload to the Service ("Your Data"). We do not claim any ownership of Your Data.

We process Your Data in accordance with our Privacy Policy. By using the Service, you consent to such processing.

Upon termination of your account, you may request an export of Your Data within 30 days. After 30 days, Your Data may be permanently deleted.

7. Service Level Agreement (SLA)

We commit to a 99.9% uptime SLA for all paid plans. Scheduled maintenance windows are excluded from uptime calculations and will be communicated at least 48 hours in advance.

Enterprise plans may include custom SLA terms as agreed in writing.

8. Third-Party Integrations

The Service may integrate with third-party services (e.g., QuickBooks, Google Maps, DAT). Your use of these integrations is subject to the respective third party's terms and conditions. We are not responsible for the availability or performance of third-party services.

9. Intellectual Property

The Service, including its software, design, branding, and documentation, is the intellectual property of BtrackTMS. Nothing in these Terms grants you any rights to our intellectual property except as expressly stated.

10. Limitation of Liability

To the maximum extent permitted by law, BtrackTMS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Service.

Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless BtrackTMS, its officers, employees, and agents from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

12. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the federal laws of Mexico and the applicable laws of the State of Nuevo León, without regard to its conflict of law provisions.

For the resolution of any dispute arising from these Terms, the parties submit to the jurisdiction of the competent courts of the city of Monterrey, Nuevo León, Mexico, waiving any other jurisdiction that may apply by reason of present or future domicile.

14. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and BtrackTMS with respect to the Service and supersede any prior agreements or understandings.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• No Waiver: Failure to exercise any right under these Terms shall not constitute a waiver of that right.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.

15. Contact Information

For questions about these Terms, please contact us at:

Email: support@btracktms.com