Effective Date: June 20th, 2024

This privacy policy (“Policy”) explains how Freight Guider LLC LLC or any of its affiliates or subsidiaries. (“We”, “Us”, “Our”) Processes Personal Data collected from You. Terms not specifically defined here in shall have the meaning a scribed there to in the Terms of Service.

1.    DEFINITIONS

1.1.    “Controller” means the natural or legal person, public authority, agency, or other body which alone or jointly with others, determines the purposes and means of the processing of Personal Data.

1.2.    “End-User” means any person or entity with whom the Subscriber interacts using Dispatch Handler.

1.3.    “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or in directly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
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1.4.    “Process” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1.5.    “Processor” means a natural or legal person, public authority, agency, or other body which Processes Personal Data on behalf of the Controller.

1.6.    “Dispatch Handler” shall have the meaning ascribed to it in the Terms of Service.

1.7.    “Terms of Service” means the binding contract between Us and You which governs the access and use of Dispatch Handler by You available at freightguider@gmail.com

1.8.    “You” and “Your” means an identified or identifiable natural person whose Personal Data We process as a Controller.

2.    PERSONAL DATA COLLECTED BY US

2.1. You directly provide Us with most of the data We collect. We collect Personal Data from You directly as follows: a) When You subscribe to Dispatch Handler by agreeing to the Terms of Service and install addon, We collect email ID and Google sheet ID information; b) When You download Google Sheet to a plan, We collect commercial information including billing and payment information (e.g., credit card number, expiration date, visual cryptogram), products or services purchased; c) When You submit web forms on Our Website(s) or as You use interactive features of the Website(s), including providing feedback or suggestions, making requests, or participation in surveys, contests, webinars, events, podcasts, promotions, sweepstakes, requesting customer support, or otherwise communicating with Us;

2.3. The Website(s) includes social media features and widgets that are either hosted by a third-party or hosted directly on the Website(s) and Your interaction with these social media features and widgets is governed by the privacy statement of the companies that provide them. You should check Your privacy settings on these third party services to understand and change the information sent to Us through these services.

3.    PURPOSES FOR WHICH PERSONAL DATA WILL BE PROCESSED

We Process Your Personal Data to: a) facilitate Your access to the Google Sheet and Dispatch Handler addon Service(s); b) process and complete payment transactions; c) provide customer service and support; d) send You communication on Your use of the Service(s), updates on Our Terms of Use or other policies; e) send You communication on new features in the Service(s) or new service offerings; f) conduct research in order to enhance Your relationship with Us or for Your benefit, or to improve any of Our Service(s) for Your benefit; e) Organize events or for other marketing/ promotional activities; f) investigate and prevent fraudulent transactions, unauthorized access to the Websites and Service(s), and other illegal activities; g) personalize the Websites and Service(s); and for other purposes for which We obtain Your consent.

4.    SHARING OF PERSONAL DATA

4.1. You acknowledge that We will share Your Personal Data with Our group companies and third-party service providers so that they may offer You Our Service(s)and/or to send information or updates on the Service(s) if You are a Subscriber.

4.2. When We Process Your order where You are a Subscriber, we may send Your Personal Data to and also use the resulting information from credit reference agencies to prevent fraudulent purchases. We use PCI-DSS compliant services of third party vendors to manage payments and We don’t have access to Your personal account data in transit or at rest.

4.3. We share Personal Data with Our third-party service providers that host and maintain Our Website(s), applications, backup, storage, payment processing, analytics and other services. These third-party service providers may have access to or Process Your Personal Data for the purpose of providing these services to Us.

4.4. We may be required to disclose Your Personal Data in response to: a) lawful requests by public authorities, including to meet national security or law enforcement requirements and/or b) subpoenas, court orders, or legal process, or to establish or exercise Our legal rights or defend against legal claims.

5.    INTERNATIONAL TRANSFER

5.1. We mainly Process Personal Data in the US. However, We may transfer Personal Data outside the US for the purposes referred to in Section 4. We will ensure that the recipient of Your Personal Data offers an adequate level of protection that is at least comparable to that which is provided under applicable data protection laws.

6.    RETENTION OF PERSONAL DATA

6.1. We retain the Personal Data collected where an ongoing legitimate business requires retention of such Personal Data.

6.2. In the absence of a need to retain Personal Data under Section 6.1. above, We will either delete it or aggregate it, or, if this is not possible then We will securely store Your Personal Data and isolate it from any further Processing until deletion is possible.

7.    SECURITY OF PERSONAL DATA

We use appropriate technical and organizational measures to protect the Personal Data that We collect and Process. The measures We use are designed to provide a level of security appropriate to the risk of Processing Your Personal Data. If You have questions about the security of Your Personal Data, please contact Us immediately as described in this Policy.

8. YOUR RIGHTS

You are entitled to the following rights:

8.1. You can request Us for access, correction, update or request deletion of Your Personal Data.

8.2. You can object to the Processing of Your Personal Data, ask Us to restrict processing of Your Personal Data or request portability of Your Personal Data.

8.3. You have the right to opt-out of marketing communications We send You at anytime. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails We send You. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact Us.

8.4. Similarly, if We have collected and processed Your Personal Data with Your consent, then You can withdraw your consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We have conducted prior to Your withdrawal, nor will it affect processing of Your Personal Data conducted in reliance on lawful processing grounds other than consent.

8.5. You have the right to complain to a data protection authority about Our collection and use of Your Personal Data. For more information, please contact Your local data protection authority.

8.6. If You seek access to, or wish to correct, update, modify or delete Your Personal Data that We process, please contact Us at the details provided in clause 12. We respond to all requests We receive from individuals wishing to exercise their data protection rights within a reasonable timeframe in accordance with applicable data protection laws.

9. Privacy Notice for Residents of the State of California and the Commonwealth of Virginia, USA.

9.1 This section provides additional details about the personal information we collect about California consumers and consumers’ rights under the California Privacy Rights Act, ( “ CPRA ” ) amending the California Consumer Privacy Act ( “ CCPA ” ) and the Virginia residents under the Virginia Data Protection Act (“VDPA”). This section applies only to California residents and Virginia residents and their personal information we collect as a Business (as defined in the CPRA and VDPA).

9.2.   Collection of Personal Data. The categories of personal information We have collected in the twelve (12) months prior to the Effective Date and that We may collect include:

A)   Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, a device identifier; an Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers or similar technology; customer number, unique pseudonym or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device;

We collect this personal information for business purposes as described in the “PURPOSES FOR WHICH PERSONAL DATA WILL BE PROCESSED ” section of our general privacy policy above.

9.3.  Disclosure of Personal Data. We have disclosed the categories of personal information listed in clause 1 above for a business purpose in the twelve (12) months prior to the Effective Date and may disclose such personal information to service providers or contractors or to any other third parties who support our business provided (a) they do not sell or share (as defined under the CPRA) such personal information or (b) retain, use or disclose such information for any purpose other than for the specific purpose of performing the services specified in our contract with themor (c) combine such information with any other information received directly by them .We do not sell or share (as the terms is defined in the CPRA ) the personal information We collect without providing You a right to opt out. We do not sell or share personal information of minors of at least the age of thirteen (13) but less than sixteen(16) years without receiving such minor ’ s consent or the consent of the minor ’ s guardian if the minor is less than thirteen (13) years. We have not sold or shared (as the term is defined in the CPRA ) any personal information in the twelve (12) months prior to the Effective Date. We shall not disclose further the personal information collected for verification of a consumer’s request or retain it longer than it is necessary for the purpose of verification.

9.4.  Your Rights.

9.4.  Rights of the residents of the State of California: You have certain rights, subject to certain limitations under applicable law, with respect to your personal information, including:

A)    The right to request disclosure of details, and categories of personal information collected;
B)    The right to request disclosure of personal information collected twelve (12)months prior to the Effective Date, this right shall apply only to personal information collected after January 1, 2022
C)    The right to request dis closure of information sold or shared and the right to disclosure of the service provider or contractor, or a third-party (as defined in the CPRA) to whom such information is sold or shared ;
D)    The right to request the correction of inaccurate personal information collected.
E)    The right to request deletion of Your personal information held by Us or by Our service provider, contractor, or any other third party We have disclosed personal information to. We shall hold a confidential record of all deletion requests for the purpose of preventing the selling of such personal information for which You have submitted a deletion request.
F)    The right to “opt out” of any sale or sharing of personal information (as defined in the CPRA ), if such sale or sharing occurs.
G)   The right to request the transfer of specific pieces of personal information to any other entity.
H)   The right not to be discriminated against for exercising your rights under CPRA.

Rights for the residents of the Commonwealth of Virginia: You have certain rights, subject to certain limitations under applicable law, with respect to your personal data, including

A)   The right to confirm whether We are processing the personal information collected and the right to access such personal information.
B)    The right to correct inaccuracies in the personal data collected taking into account the nature of the personal information and the purposes of the processing of the personal information
C)    The right to request the deletion of personal information provided by or obtained from You.
D)    The right to request the deletion of personal information collected from sources other than You. We shall comply with such a request by either (i) retaining are cord of the deletion request and the minimum information necessary for the purpose of ensuring Your personal information remains deleted from the business ’ s records and not using such retained information for any other purpose pursuant to this Section or (ii) opting You out of the processing of such personal information for any purpose except those exempted by the Virginia Data Protection Act.
E)    The right to request the transfer of the personal information collected to another controller in a technically feasible and readily usable format.

The right to opt-out of the processing of the personal information for purposes of (i)targeted advertising, (ii) the sale of personal information, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning You. California and Virginia consumers may make a request pursuant to their rights under the CPRA and VDPA respectively by contacting Us at freightguider@gmail.com. We will verify Your request using the information associated with Your account, including e-mail address and/or Government identification. We will let You know if We need additional information to verify Your identity. Consumers may also designate an authorized agent to exercise these rights on their behalf.

1)Most of the required or gathered private information is used in the website for service purposes, 2) sensitive  other information as credit card name, card information used by third party service providers to proceed payment checkouts that shell not be disclosed publicly or used for illegal  purposes, 3)email ID and downloaded Google sheet’s Id is used for giving You access to use our Sheet and associated addon as Dispatch Handler.

Where We are a service provider: We may also act as a service provider (as the term is defined in the CPRA). When We act as a service provider, including by providing our services to another company that You interact with, We follow the instructions of the company that engaged Us as a service provider and You should directly contact that company if You have any questions or would like more details on how Your personal information is processed by that company.

10.    COOKIE POLICY

10.1.    Cookies are text files that are placed on Your computer to collect standard internet log information and visitor behavior information by Us. When You visit the Website(s), We may collect Personal Data automatically from You through cookies or similar technology. We also set cookies to collect information that is used either in aggregate form to help Us understand how our Website(s) are being used or how effective Our marketing campaigns are, to help customize the Website(s) for You or to make advertising messages more relevant to You.

10.2.    Essential Cookies: We set essential cookies that enable core functionality such as security, network management, and accessibility. You may not opt-out of these cookies. However, You may disable these by changing Your browser settings, but this may affect how the Website(s) functions.

10.3.    Analytics, Customization and Advertising Cookies: We set these cookies to help Us improve Our Website(s) by collecting and reporting information on how You use it. The cookies collect information in a way that does not directly identify anyone.

11.    PRIVACY OF CHILDREN

11.1.   We recognize the importance of children’s safety and privacy. We do not request, or knowingly collect, any Personal Data from children under the age of 18. If a parent or guardian becomes aware that his or her child has provided Us with Personal Data, they should write to us at the email address provided in clause 12.

12.    NOTICE TO END-USER AND OTHER EXCLUSIONS

12.1.   Dispatch Handler is intended for use by dispatcher that provides service for USA based Trucking companies. Where Dispatch Handler is made available to an End-User to work with their customers, that End-User’s is the Controller of their customers Personal Data. For example, when a User inputs information with third party(CUSTOMERS)  as processor customer data, there should create legal bound with the third parties to use and proceed their information  and their  data, Addon and sheet  act as a data processor and process the Google sheets on the User’s behalf and in accordance with their instructions.  Subscribers to Our Services are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, as well as any and all privacy policies, agreements, or other obligations, relating to the collection of Personal Data in connection with the use of Dispatch Handler by End-Users.

12.2.   Our Policy applies only to our Website(s).
12.3.   This Policy does not apply to aggregated information which summarizes statistical information about groups of members, and which does not include name, contact information, or any other information that would allow any particular individual to be identified.

13.    CONTACT INFORMATION

You may contact us if You have any enquiries or feedback on Our personal data protection policies and procedures, or if You wish to make any request, in the following manner:

Kind Attention: Support Team
Email Address: freightguider@gmail.com
Address: 1207 Delaware Ave, Wilmington, Delaware 19806, United

14.    CHANGES TO THE POLICY

We keep this Policy under regular review and may update this webpage at any time. This Policy may be amended at any time and You shall be notified only if there are material changes to this Policy.

PRIVACY POLICY

Effective Date: June 20th, 2024

These Terms of Service (“Terms of Service”, “Agreement” or “ToS”) describe the terms under which Freight Guider LLC (“We”, “Our” “Us”) provides a subscriber access to and use of Dispatch Handler addon with associated sheet (“You”, “Your”, “Yourself” or“Subscriber”). By accessing and/or using Dispatch Handler, a) You agree to be bound by this ToS and acknowledge having read the privacy policy located at https://Dispatch Handler.com/privacy (“Privacy Policy”). b) You warrant to Us that You are of 18 years or above and are competent to enter into this agreement c) That, in the event You are entering into this ToS on behalf of any entity/company or its group, You possess the requisite authority to bind such entities,company or its groups to this ToS. If You do not agree to this ToS, You should immediately cease using Dispatch Handler.

1.  Definitions

• 1.1. “API” shall mean any application programming interface conducted to render Services under these Terms.
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  1.2. “API Keys” shall mean and include the credentials used to authenticate and authorize the user (or their users) to access their resources via the API service we offer.
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  ‍1.3. “Confidential Information” shall mean all information disclosed by one Party to the other Party which is intangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For Purposes of These ToS, Customer Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information which (a) was publicly known andmade generally available in the public domain prior to the time of disclosure by the disclosing party; (b)becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (c) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records prior to the time of disclosure; (d) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (e) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession; or (f) is required by law to be disclosed by the receiving party, provided that the receiving party shall, to the extent legally permitted, give the disclosing party written notice of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.
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  1.4. “Customer  Data”  means all electronic data, text, messages, personal data or other materials, including without limitation Personal Data of Users and End Users, submitted to Dispatch Handler by You through Your account in connection with Your use of Dispatch Handler.
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  1.5. “End  User”  means any person or entity other than You or Your Users with whom You interact using Dispatch Handler.
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  1.6. “Personal   Data”  means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
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  1.7. “SDK” shall mean and include the Software Development Kit used to provide API services.
  

  1.8. “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.
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  1.9. “Dispatch Handler” shall mean the cloud-based solution proprietary to Us enabling Subscribers/Users to use google sheet which is formula and script based associated with addon and fill documents, and/or send documents for signatures via a phone, tablet or computer, including individually and collectively the Website(s) www.freightguider.com,  the Dispatch Handler PC application, and any other software/interface (owned by Us) on any other platform which may allow you to access and/or use Dispatch Handler
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  1.10.“Subscription   Plan”  means the pricing plan subscribed to as listed on Dispatch Handler’s website, mobile applications, web application or specified in a service order form, detailing particular features and functionalities in the Dispatch Handler that You wish to avail and the Subscription Term, whether free or paid.
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  1.11.“Subscription   Term”  shall mean the period during which You have agreed to subscribe to Dispatch Handler specified in a relevant Subscription Plan.
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  1.12.“Third   Party   Services” shall mean third party application(s) or service(s) integrating with Dispatch Handler through APIs or otherwise enabled through Dispatch Handler, and shall not include sub-contractors engaged by Us.
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  1.13.“User”  shall mean those who are designated users within Dispatch Handler, including an account administrator, agents and other designated users.

  1.14.“Website(s)” shall mean the websites owned and operated by Us, including www.freightguider.com.

2.  Service(s) provided to Subscribers

1. 2.1.    Subject to Your compliance with this ToS, during the Subscription Term period, before subscription starts, You shall have the limited, non-exclusive and revocable license to use and access Dispatch Handler for Your internal business purposes in accordance with the applicable Subscription Plan.
2. 2.2.    Dispatch Handler provides an automated calculation of miles and prices:

1. The ability for Subscribers to edit the data into specific sheet downloaded from www.freightguider.com that require information to be filled in(“Sheets”) on Dispatch Handler
2. Identify and highlight the fields of information that need to be filled into the same (such as name, date, destination etc.);
3. Create and Download the invoices to a particular person(s)/entity;
4. Calculates mileage of particular companies and assigned drivers ;
5. Providing regular email updates and reminders to all parties involved in the revision or execution of a document;
6. On completion, sharing the fully signed and executed version of the Document with all involved parties, including providing details of date and time when each field of information was filled in;

1. 2.3.   We reserve the right, in Our sole discretion, to modify or replace all or any part of the ToS, or add, change,suspend, or discontinue all or any part of the services at any time by posting a notice on Dispatch Handler and by sending You an email (as it deems fit). Your continued use of Dispatch Handler following the posting of any changes to the services (including the addition or removal of features) constitutes Your acceptance of those changes. Any information You provide to us for the purposes of registering and setting up Your account (as specified below) shall be considered as accurate, complete and updated. You are solely responsible for the activity that occurs on Your account (including those of other users) and for maintaining the security of Your account and any information You input. We are not responsible for the accuracy or legitimacy of any information, data, or content uploaded or posted by You or any of Your employees/agents on Dispatch Handler
   during your usage of the services. Any reliance by You on any information or content provided by any other user will be Your responsibility. You understand and agree that We will not be liable for any damages, losses, harm or costs incurred by You as a result of the above.
   

   2.4.    You will immediately notify Us in writing of any unauthorized use of Your account, or any other account-related security breach of which You are aware, so that We may immediately work with You to rectify the same and restore the integrity and security of Your account and information.

3.  Registration and Account Integrity

1. 3.1.    As part of the registration process/for creating Your account, You will need to accept Our Terms of Service, and also provide Us with Your name (or the name of Your organization/company), Your email ID and Your downloaded Google sheet ID (from www.freightguider.com). You will be required to send Your email ID and Your downloaded Google sheet ID to  freightguider@gmail.com in order to obtain a password to securely access to Your account. We do not have access to and do not at any time request You to provide Us with access to yourpassword, unless You have given Us explicit written permission and share your Google sheets to access Your account pursuant to a request for assistance or support.
   

   3.2.    You shall ensure that the information You provide is accurate, secure, and not misleading. You shall not create an account username and password using (i) other email ID’s and password of another person; or (ii)using words that are the trademarks or the property of another party (including Ours); or (iii) words that are vulgar, obscene or in any other way inappropriate.

   3.3.    On the creation of Your account, You can not modify Your login credentials at any time. If for any reason You suspect that Your username and password has been disclosed to or obtained by another party, You should contact Us immediately so that we may work with You to restore the integrity of Your account

3.4. You should be aware that using Google sheets without properly authorization will dimed to deletion of downloaded Google sheets and also deauthorization of usage Dispatch Handler addon. To  properly using Google sheet and associated Dispatch Handler addon we require: I) to download sheet from www.freightguider.com with Your email ID that you will be using google sheet and associated Dispatch Handler addon II) to send us your downloaded Google sheet ID  with your email ID to address freightguider@gmail.com to receive passcode as predefined above (precaution:  do not cancel requested UI google sheet pop up requesting passcode , if so your downloaded sheet will be deleted), III) after receiving passcode into your email, you should enter it into ui Google sheet, IV) Search for Dispatch Handler and install it,  V) if the card which is the addon Dispatch Handler installed from Google workspace is also requesting the passcode, enter same passcode you have received and press the button authorize. The card is special used for  addons and is located on the right side of Google sheets, docs etc., below the Calendar, Keep, Tasks, contacts and Maps icons which is internal google add-ons which is already integrated for all users.

 4.  Acceptable Use

1. 4.1.   Your access and use of Dispatch Handler is restricted to the specified number of individual Users as specified in the relevant Subscription Plan. Each User shall be identified using unique login information such as user email ID and passcode (“User Login”) and such User Login shall be used only by one individual.
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   4.2.    Dispatch Handler is provided only for Your own personal and also for commercial use and You may use Dispatch Handler for the purposes of sharing and executing Documents with third-parties during the course of Your business transactions. You agree not to (and permit any third party to):

1.    license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, timeshare disassemble, reverse engineer, decompile or make Dispatch Handler available to any third party for any direct commercial benefit, other than Users in furtherance of Your internal business purposes as expressly permitted by this ToS;
2.     modify, adapt, or hack Dispatch Handler or otherwise attempt to gain or gain unauthorized access to Dispatch Handler or related systems or networks;
3.  use Dispatch Handler, store or transmit Sensitive Personal Information;
4.    use Dispatch Handler, store or transmit Customer Data in violation of applicable laws and regulations, including but not limited to violation of any person’s privacy rights, export control laws/regulations;
5.    access it for purposes of creating derivative works based on, or developing or operating products or services for third-parties in competition with Dispatch Handler;
6.    use Dispatch Handler 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; 
7.    use Dispatch Handler to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software;
8.     “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to Dispatch Handler (through use of manual or automated means);
9.    impersonate any person or entity.
10.    take any action that imposes or may impose an unreasonable or disproportionately large load on Our (or Our third party providers’) infrastructure; 
11.    interfere or attempt to interfere with the proper working of Dispatch Handler; 
12.    bypass any measures We may use to prevent or restrict access to Dispatch Handler (or parts thereof)

1. 4.3.    We shall, upon obtaining knowledge by Ourself or being brought to actual knowledge in writing or through email about any information provided by You being in contravention of this clause, be entitled to disable such information.

   4.4.     Export Control: You shall not export, directly or indirectly, any technical information or products using such information acquired from the other Party under these ToS to a location or in a manner that at the time of export requires an export license or other governmental approval, without first obtaining the written consent to do so in accordance with applicable law. You further agree not to use Dispatch Handler for any purpose prohibited by applicable export laws and regulations, including without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.
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   4.5.    Usage Limitations (Fair Usage Policy): You agree that during the course of Your usage of Dispatch Handler and during the Subscription Term, You shall not, unless otherwise explicitly specified/permitted by Us, sell, or share with third-parties for resell or use without authorization. We may at any time monitor and track Your usage of Dispatch Handler. If We identify abnormal increase in sheet volume usage of API, and doesn’t substantiate their use case and appears as misuse of the product/service, We may either:

1.     Terminate the subscription with or without prior notice and impose additional charges to the extent of usage under our standard API overage pricing (per user) and/or denial of issuance of partial/full refunds.; OR
2.     Re-negotiate Your Subscription Plan, so as to customize and align the same with Your revised usage requirements.
3.     In our sole discretion We may limit your use of APIs or SDKs, such as by limiting the number or type of calls accepted by or to an API if we believe that the number of calls may negatively impact the API, the Software, or the Service.; OR
4.     Re-negotiate Your Subscription Plan, so as to customize and align the same with Your revised usage requirements. This will include scenarios when we change the plans after sufficient prior notice will be provided.

1. 4.6.    Customer Data: 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 third-party rights, including intellectual property, publicity, proprietary or privacy rights, and any applicable laws, rules, and regulations. Upon becoming aware of a breach of the foregoing representation, We may modify or delete parts of Your profile information at our sole discretion with or without notice to You. If You receive any take down requests or infringement notices related to Customer Data, You must promptly: (i) stop using the related datum with Dispatch Handler; and (ii) notify Us. If We receive any take down requests or infringement notices related to Customer Data, We may respond in accordance with its policies, and will notify and consult with You on next steps. You further warrant that Your collection and use of any Personal Data while using Dispatch Handler complies with all applicable data protection laws, rules, and regulations. You acknowledge that We may process such Personal Data in accordance with Our Privacy Policy.

   5.  Intellectual Property Rights

1. 5.1.    Dispatch Handler Intellectual Property. Except for the rights granted to You under clause 1, all rights, title and interest in and to all intellectual property and/or proprietary rights, title and interest in or related to Dispatch Handler, including patents, inventions, copyrights, trademarks, domain names, trade secrets or know-how (collectively, “Intellectual Property Rights”) shall belong to and remain exclusively with Us, irrespective of any use of the words “purchase”, “sale” or similar terms.
   
   5.2.    Customer Data. As between the parties, You retain all right, title, and interest (including any intellectual property rights) in and to the Customer Data that You provide to Us. We do not claim ownership over such Customer Data. You hereby grant Us a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the Customer Data to the extent necessary to provide, maintain, support and improve Dispatch Handler or as otherwise permitted in this TOS.
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   5.3.    Data Trail: You agree that We will have the right to collect certain analytical information pertaining to Your account (“Data Trail”) to conduct research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve Our services and facilities in order to enhance Your relationship with Us or for Your benefit, or to improve any of Our services for Your benefit.

   5.4.    Feedback. If You provide any suggestions, comments, improvements, enhancements, requests, recommendations, information, ideas or other feedback or related materials to Us (collectively, “Feedback”), You hereby grant Us a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise. Nothing in this ToS limits Our right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
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   5.5.    All rights not expressly provided to You herein are reserved.

6.  Third Party Services

1. 6.1.    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. We make no representations or warranties as to the quality, suitability, functionality, or legality of any Third-party Services to which links may be provided and/or integrations enabled, and You hereby waive any claim You might have against Us with respect to such. You agree that We are not responsible for Your enablement, access or use of such Third-party Services, including Your data processed by such third party, or for any loss or damage of any sort incurred as the result of any such use or as the result of the presence of such Third-party Services.

   6.2.    You should contact that Third- party service provider for any issues arising in connection with use of such Third-party Service. 

7.  Charges and Payment 

1. 7.1.    Charges:  All charges associated with Your account shall be based on the Subscription Plan (“Charges”) You choose. The Subscription Charges are due in full and payable in advance in accordance with clause 7.2, when You subscribe to Dispatch Handler. We reserve the right to change the prices, features, or options included in a particular Subscription Plan, provided that such changes shall not take effect until your next applicable Subscription Term.
   

   7.2.    Payment: By subscribing to a Subscription Plan, You authorize Us to charge Your payment method on a recurring basis (e.g. one time payment, or similar to it as API services mostly limited and free on Your Subscription Plan) without an invoice. You expressly authorize Us to charge Your payment method (such as a credit card) for the applicable Subscription Charges, any usage or overage charges, and any and all applicable taxes and fees. Such authorization is effective until the end of the Subscription Term or until You cancel Your subscriptions. 

   7.3.    The subscription charges are due in full and payable in advance in the form of card payment. If the card payment fails, You must provide new card details with sufficient balance/credit limit within 7 days of receiving payment failure notification from us. If the payment isn’t made within that period, We reserve the right to terminate the subscription and claim any pending payments along with interest accrued.
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   7.4.    Updates: If You exceed Your Subscription Plan’s usage limits, You will be automatically upgraded into the next highest Subscription Plan and You expressly acknowledge and agree that You will pay for the upgraded Subscription Plan. All upgrade fees and charges are non-refundable, even if You did not use the full usage allotment of the applicable Subscription Plan.
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   7.5.    Refunds: Unless otherwise specified in this ToS, all Subscription Charges are non-refundable. No refunds shall be issued for partial use or non-use of Dispatch Handler.
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   7.6.    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 accessible by any local, state, provincial or foreign jurisdiction (collectively “Taxes”).

8.  Term, Termination and Suspension

1. 8.1.    The Subscription Term shall be set forth in a relevant Subscription Plan.
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   8.2.    Termination by You: You can cancel Your Subscription Plan at any time. You will be billed only one time (unless API service limited and free) billing cycle. However, partial refund will be provided only under special circumstances but no refund will be provided outside the window of the cancellation for new purchases, and Your account will continue to be in the existing Subscription Plan till Your subscription expires.
   
   8.3.    Suspension and Termination by Us: In addition to suspension for late payment or non-payment of Subscription Charges, We may suspend Your access to and use of Your account or Dispatch Handler if You are in violation of this ToS. We will notify You if your activities violate this ToS and, at Our sole discretion, provide You with a period of fifteen (15) days (“Cure Period”) to cure or cease such activities. If You fail to cure or cease such activities within said Cure Period or if We believe that such breaches cannot be cured, Your account shall be terminated. We reserve the right to suspend Your account if You impersonate any person or entity, or falsely state or misrepresent the user’s identity. We reserve the right to suspend Your Account if You improperly solicit information from other parties. Further, We also reserve the right to terminate Your account at any time by written notice due to business reasons which shall include discontinuation of Dispatch Handler.
   
   8.4.    Termination for Insolvency: Notwithstanding anything contained herein, either Party may terminate this ToS with notice if the other Party becomes insolvent, makes or has made an assignment for the benefit of creditors, is the subject of proceedings in voluntary or involuntary bankruptcy instituted on behalf of or against such Party (except for involuntary bankruptcies) which are dismissed within sixty (60) days, or has a receiver or trustee appointed for substantially all of its property.
   
   8.5.    Effect of Expiration of paid subscription-: Following termination of Your account either by Yourself or Us, We downgrade the account to a basic plan and reserve the right to delete all customer data only after our company retention period after 3 years of the date of termination. We will inform You in advance about this impending data deletion. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including without limitation, warranty disclaimers, indemnity and limitations of liability.

   8.6.    Renewal-: We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it), upon renewal until you cancel. We may adjust your plan’s rate each annual renewal term, and we will notify you of any rate changes, providing the option to cancel.

9.  Confidentiality; Data Privacy and Security

1. 9.1.    If You choose, or are provided with, a user identification code, login, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party. We shall have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion, You have failed to comply with any of the provisions of this ToS. We will not be responsible for any activities, including any attempted or actual access or loss of data occurring in Your account as a result of your non-compliance of obligations under this clause.
   

   9.2.    Each of the Parties will protect the other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each of the Parties protects its own Confidential Information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to these ToS, each of the Parties may use the other’s Confidential Information solely to exercise its respective rights and perform its respective obligations under this ToS and shall disclose such Confidential Information solely to those of its respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. The provisions of this clause shall supersede any non-disclosure agreement by and between the Parties entered prior to these Terms that would purport to address the confidentiality of Customer Data and such agreement shall have no further force or effect with respect to Customer Data.

   9.3.    You solely responsible the customer data’s where you going to use it, if you give or share the access within your organization or other third party’s – loss or damage of data, Sheet functionality is your solely responsibility, and here We are not responsible or carry out any responsabilities.

   9.4.    You acknowledge that We shall Process Personal Data only to provide, maintain and improve Dispatch Handler, or prevent or address any technical problems, or at Your request in connection with support requests and in accordance with these ToS and Our Privacy Policy. We shall not Process Personal Data for any purposes other than what is mentioned in these ToS and Our Privacy Policy.

   9.5.    You understand and acknowledge that, in connection with the use of Dispatch Handler by Yourself, Users and/or End Users, We Process any Personal Data only on Your behalf and as a data processor. 

   9.6.    You acknowledge and agree that We may access or disclose information about You, Your account, Users, including Customer Data in order to (a) comply with the law or respond to lawful requests or legal process; or (b) prevent any infringement of group companies’ or Our customers’ proprietary rights. Further, at Our sole discretion, any suspected fraudulent, abusive, or illegal activity by You may be referred to law enforcement authorities. 

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

   9.8.    Where We are the Processors of Personal Data originating in the United States, please contact us at freightguider@gmail.com.

10.  DISCLAIMER OF WARRANTIES

1. Dispatch Handler IS PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT Dispatch Handler, WHICH IS PROVIDED OVER THE INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND OUR CONTROL, WILL BE (A) UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) FREE FROM ANY DEFECTS OR ERRORS; (C) FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11.  Indemnification

1. You shall defend, indemnify, and hold harmless Us, Our affiliates/subsidiaries and each of its affiliates’/subsidiaries’, directors, officers and agents from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to third-party claims attributable to (i) Your acts or omissions in connection with clause 6 of this ToS ; or (ii) Your violation of , any applicable law, regulation or policy, provided that (a) We promptly notify You of the threat or notice of such a claim, (b) You will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such claim; and (c) We shall fully cooperate with You in connection therewith.

12.  Limitation of Liability

1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; OR (II) FOR YOUR RELIANCE ON THE SERVICE; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS; OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS OR RESELLERS, RELATING TO Dispatch Handler, WILL BE LIMITED TO THE LESSER OF A) THE SUBSCRIPTION CHARGES PAID BY YOU OR B) AN AMOUNT EQUAL TO TWELVE (12) MONTHS OF THE SUBSCRIPTION CHARGES PAID BY YOU FOR Dispatch Handler PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.

13.  Miscellaneous

1. 13.1.    Assignment: These ToS and any rights or obligations hereunder may not be assigned by You without Our prior written consent, whereas We can assign any of our rights and obligations hereunder without Your prior written consent. These ToS bind, and insure to the benefit of, the Parties and their respective successors and permitted assigns.
   
   13.2.    Amendment: We may amend this ToS from time to time, in which case the new ToS will supersede prior versions. We will not notify You not less prior to the effective date of any amendments to these ToS, it is your solely responsibility to visit and check the renewal of ToS, and Your continued use of Dispatch Handler following the effective date of any such amendment may be relied upon by Us as Your acceptance of any such amendment.
   
   13.3.    Severability; No Waiver: If any provision in this ToS is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these ToS shall remain in effect. Our non-exercise of any right under or provision of these ToS does not constitute a waiver of that right or provision of these ToS.
   
   13.4.    Relationship of the Parties: The Parties are independent contractors. These ToS do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the Parties.
   
   13.5.    Survival: All clauses which, by their nature are intended to survive, including without limitation Clauses 1 (Definitions), 5 (Intellectual Property Rights), 7 (Charges and Payment), 8 (Term, Suspension and Termination), 9 (Confidentiality, Data Privacy and Security), 10 (Disclaimer of Warranties), 11 (Indemnification), 12 (Limitation of Liability) and 13 (Miscellaneous) shall survive any termination of Our agreement with Yourself regarding the use of Dispatch Handler. Termination shall not limit either Party’s liability for obligations accrued as of or prior to such termination or for any breach of these ToS.
   
   13.6.    Notices and Consent to Electronic Communications: All notices from Us under these ToS may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or to the contact mailing address provided by You while subscribing to Dispatch Handler; or (ii) electronic mail to the e-mail address provided to Your account. Our address for a notice is: freightguider@gmail.com by electronic mail. All notices shall be deemed to have been 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 or with a Courier as permitted above.
   
   13.7.    Publicity Rights: You hereby grant Us a right and license to use Your trademark or logo to identify You as Our customer on Our Website(s), marketing collateral and/or to include Your use of Dispatch Handler in case studies.
   
   13.8.    Governing Law and Dispute Resolution: These ToS shall be governed by the laws of the United States of America without regard to any conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts at the state of Delaware. Any dispute, claim or controversy arising out of or relating to these ToS or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these ToS to arbitrate, shall be settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules (“AAA Rules”), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The language of the arbitration shall be English. The dispute shall be resolved by a sole arbitrator who shall be appointed in accordance with the AAA Rules. The decision of the sole arbitrator shall be final and binding on the Parties.
   
   13.9.    Entire Agreement: This ToS, together with any Order Form(s), constitute the entire agreement, and supersede any and all prior agreements between us with regard to the subject matter hereof. This ToS and any Order Form(s) shall prevail over the terms or conditions in any purchase order or other order documentation Subscriber or any entity that Subscriber represents provides (all such terms or conditions being null and void), and, except as expressly stated herein, there are no other agreements, representations, warranties, or commitments which may be relied upon by either party with respect to the subject matter hereof. In the event of a conflict between any Order Form and this ToS, this ToS shall prevail. 
   
   13.10.    Force Majeure: Notwithstanding anything to the contrary contained elsewhere, We shall not be liable for unavailability of Dispatch Handler caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet, unauthorized loss, distribution or dissemination of Customer Data), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.

14.  Support and Contact

1. We offer email-based/online support and query-resolution tools. You may access support resources or contact Our support by emailing at freightguider@gmail.com  We shall use commercially reasonable best efforts to respond to Your request for support, or to fix any problems You may be having, as is applicable. Any suggestions by Us to You regarding use of Dispatch Handler shall not be construed as a warranty.

TERMS OF SERVICES