1. INTRODUCTION
Welcome to DENEMO™ 's Transport Management System (TMS). Our TMS is designed to streamline and optimize transportation operations, providing efficient solutions for managing and coordinating various aspects of transportation logistics. By using our TMS, you can enjoy a range of services aimed at enhancing the management, monitoring, and overall performance of your transportation activities.
Our Services:
Route Optimization: Our TMS offers advanced route planning and optimization tools to help you find the most efficient and cost-effective routes for your shipments. This minimizes fuel consumption, reduces travel time, and lowers transportation expenses.
Shipment Tracking: Keep a close eye on your shipments in real-time. Our TMS allows you to track the movement of your goods from origin to destination, providing accurate status updates and alerts along the way.
Fleet Management: Manage your vehicle fleet with ease. Our TMS enables you to monitor vehicle locations, maintenance schedules, driver assignments, and other important fleet-related information.
Order Management: Effortlessly create, manage, and track transportation orders. Our TMS lets you input order details, assign shipments, and maintain an organized record of all your transportation activities.
Reporting and Analytics: Gain valuable insights into your transportation operations. Our TMS provides comprehensive reporting and analytics tools to help you analyze key performance indicators, make informed decisions, and optimize your logistics strategies.
Collaboration: Enhance communication and collaboration among stakeholders. Our TMS allows you to share information, updates, and documents with relevant parties involved in the transportation process.
Disclaimer:
Please note that while our TMS is designed to provide efficient transportation management solutions, actual results may vary based on factors such as external conditions, network availability, and data accuracy. We strive to offer reliable services, but we cannot always guarantee uninterrupted or error-free operation of the TMS.
By using our TMS and its services, you agree to abide by the terms and conditions outlined herein. We recommend familiarizing yourself with the entire terms and conditions document to ensure a clear understanding of your rights, responsibilities, and the limitations of our services.
Thank you for choosing DENEMO™ 's Transport Management System. We look forward to helping you optimize your transportation operations and achieve greater efficiency in your logistics endeavors.
2. ACCEPTANCE OF TERMS:
USER'S AGREEMENT TO ABIDE BY TERMS AND CONDITIONS
By accessing or using DENEMO™ 's Transport Management System (TMS) and its services, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions. If you do not agree to these terms, please refrain from using the TMS.
Acceptance of Terms: You agree that your use of the TMS constitutes your acceptance of these terms and any future modifications. It is your responsibility to review these terms regularly for any updates.
Compliance with Laws: You agree to use the TMS in accordance with all applicable laws, regulations, and guidelines. You are solely responsible for ensuring that your use of the TMS complies with legal requirements.
User Account: You are required to create an account to access certain features of the TMS. You agree to provide accurate and complete information during the registration process and to update your information as necessary.
Prohibited Activities: You agree not to engage in any activities that could harm, interfere with, or disrupt the functioning of the TMS or its services. This includes but is not limited to unauthorized access, distribution of malware, and any form of abuse or harassment.
Intellectual Property: You acknowledge that all content and materials provided through the TMS are protected by intellectual property rights. You agree not to reproduce, distribute, modify, or create derivative works based on the TMS or its content without proper authorization.
Data Privacy: You consent to the collection, use, and storage of your data as described in our Privacy Policy. Your usage of the TMS may involve the transmission of personal information, and you are solely responsible for maintaining the confidentiality of such information.
Disclaimer of Warranties: You understand and agree that the TMS is provided "as is" and without any warranties, express or implied. DENEMO™ disclaims any warranties regarding the accuracy, reliability, or fitness for a particular purpose of the TMS and its services.
Limitation of Liability: You acknowledge that DENEMO™ shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising from your use of the TMS or any disruptions to its services.
Termination: DENEMO™ reserves the right to terminate your access to the TMS at any time and for any reason. Upon termination, you agree to cease using the TMS and abide by its provisions even after termination.
Governing Law: These terms and your use of the TMS shall be governed by the laws of [Your Jurisdiction]. Any disputes arising from or related to the TMS shall be subject to the exclusive jurisdiction of the courts in [Your Jurisdiction].
By using the TMS, you acknowledge that you have read and understood these terms and conditions, and you agree to comply with them in their entirety. If you do not agree with any part of these terms, please discontinue your use of the TMS.
3. USER ACCOUNTS:
REGISTRATION REQUIREMENTS AND USER RESPONSIBILITIES
User Account Registration:
In order to access certain features and services of the Transport Management System (TMS), you are required to create a user account.
During the registration process, you agree to provide accurate, complete, and up-to-date information, including your name, contact information, and any other details requested.
Account Security:
You are solely responsible for maintaining the security of your TMS account login credentials, including your username and password.
You agree not to share your account credentials with any third party or allow unauthorized access to your account.
User Conduct:
You agree to use the TMS and its services in a lawful and responsible manner, adhering to all applicable laws, regulations, and guidelines.
You will not engage in any activities that could disrupt, damage, or impair the functionality of the TMS or its associated systems.
Accurate Information:
You acknowledge that the accuracy of the information you provide, both during registration and throughout your usage of the TMS, is essential for its proper functioning.
You agree to promptly update your account information if there are any changes, ensuring that it remains accurate and complete.
Authorized Use:
Your TMS account is for your personal or business use only and may not be shared, sold, or transferred to others without explicit permission from DENEMO™.
User Content:
If the TMS allows you to submit or upload content, you warrant that you have the right to do so and that such content does not violate any applicable laws or infringe upon the rights of any third parties.
Prohibited Activities:
You agree not to engage in any activities that are illegal, harmful, offensive, or violate the rights of others while using the TMS.
Prohibited activities include, but are not limited to, spamming, phishing, distributing malware, and engaging in any form of harassment or abuse.
Unauthorized Access:
You will not attempt to gain unauthorized access to any part of the TMS, its databases, systems, or networks.
Termination of Account:
DENEMO™ reserves the right to suspend or terminate your TMS account at its discretion, especially in cases of violations of these terms and conditions.
User Communication:
You agree to receive communication from DENEMO™ related to your TMS account, updates, announcements, and other relevant information.
By creating a user account and using the TMS, you acknowledge and agree to abide by these registration requirements and user responsibilities. Failure to comply with these terms may result in the suspension or termination of your account and access to the TMS.
PROTECTION OF LOGIN CREDENTIALS AND UNAUTHORIZED ACCESS
Login Credentials Security:
You are responsible for maintaining the confidentiality and security of your TMS account login credentials, including your username and password.
Do not share your login credentials with any third party and ensure that they are always kept confidential.
Unauthorized Access:
You acknowledge and agree that you are solely responsible for any activity that occurs under your TMS account, whether you have authorized such activity.
If you suspect any unauthorized use of your account or any breach of security, you must immediately notify DENEMO™ to take appropriate actions.
Safe Practices:
Use strong, unique passwords for your TMS account and avoid using easily guessable information, such as birthdays or common words.
Regularly update your passwords and avoid reusing them across different accounts.
Exercise caution when accessing the TMS on public computers or networks to prevent unauthorized access.
Secure Devices:
Ensure that the devices you use to access the TMS are secure and protected against unauthorized access. This includes using up-to-date security software and operating systems.
Phishing and Scams:
Be cautious of phishing attempts or scams that may try to deceive you into revealing your login credentials. DENEMO™ will never request your login information via email or other unsolicited communication.
If you forget your password or have trouble accessing your account, follow the designated account recovery process provided by DENEMO™.
Liability for Unauthorized Use:
You agree that DENEMO™ shall not be held liable for any unauthorized access to your TMS account, and you will bear the responsibility for any consequences resulting from such unauthorized use.
Suspicious Activity:
DENEMO™ reserves the right to suspend or terminate your account if suspicious or unauthorized activity is detected.
By using the TMS, you acknowledge and accept your responsibility to protect your login credentials and prevent unauthorized access. You understand that failing to follow secure practices could compromise the security of your TMS account and the confidentiality of your information.
USER'S OBLIGATION TO PROVIDE ACCURATE AND COMPLETE INFORMATION
Accurate Information:
You agree to provide accurate, truthful, and up-to-date information when registering for a TMS account and throughout your use of the system.
Account Details:
When registering, you will provide information such as your name, contact details, and any other required information accurately and honestly.
User Profile:
If the TMS allows you to create a user profile, you will ensure that the information you provide is complete and accurately represents your identity.
Order and Shipment Details:
When using the TMS to create orders or manage shipments, you will provide complete and accurate details, including addresses, shipment contents, and other relevant information.
Fleet Information:
If you are managing a fleet of vehicles through the TMS, you will provide accurate details about each vehicle, including license plate numbers, maintenance records, and driver assignments.
Third-Party Information:
If you provide information about third parties, such as customers or suppliers, you warrant that you have the authority to share their information and that the details provided are accurate.
Data Accuracy Importance:
You acknowledge that accurate and complete information is vital for the proper functioning of the TMS and for ensuring the success of your transportation operations.
Updates and Changes:
You agree to promptly update your account and any relevant information if there are any changes, ensuring that the information remains accurate and current.
Liability for Inaccuracies:
You understand that providing false, incomplete, or inaccurate information may lead to errors, disruptions, and negative consequences in your use of the TMS.
Legal Compliance:
By providing accurate and complete information, you ensure that your use of the TMS complies with applicable laws, regulations, and contractual obligations.
Indemnification:
You agree to indemnify and hold DENEMO™ harmless from any claims, losses, or liabilities arising from inaccurate or incomplete information provided by you.
4. TMS USAGE:
PERMITTED USE OF TMS SERVICES
Authorized Use:
The use of DENEMO™'s Transport Management System (TMS) and its associated services is limited to lawful and authorized purposes only.
Transportation Management:
The primary purpose of the TMS is to facilitate the management, coordination, and optimization of transportation operations, including route planning, shipment tracking, fleet management, and related logistics activities.
Business Use:
The TMS is intended for use by businesses and individuals involved in legitimate transportation and logistics operations.
Personal Use:
If the TMS offers personal user accounts, individuals may use the system to manage their personal transportation requirements, such as moving or delivery planning.
Compliance with Policies:
Users agree to use the TMS services in compliance with all applicable laws, regulations, and the terms and conditions outlined herein.
Prohibited Activities:
Users are prohibited from using the TMS services for any unlawful, fraudulent, or harmful purposes, including but not limited to hacking, spamming, or any form of abuse.
Data Accuracy:
Users agree to input accurate and complete information when utilizing TMS services, including order details, shipment contents, addresses, and vehicle information.
Collaboration and Communication:
Users may use the TMS to collaborate and communicate with other stakeholders involved in their transportation operations, such as suppliers, customers, and drivers.
Reporting and Analytics:
Users may utilize the TMS's reporting, and analytics features to analyze transportation performance, make informed decisions, and improve logistics strategies.
Intellectual Property:
Users may access and use the content provided by the TMS for the sole purpose of managing transportation operations. Unauthorized distribution, reproduction, or modification of TMS content is prohibited.
Feedback and Suggestions:
Users are encouraged to provide feedback, suggestions, or comments to improve the TMS services. Such input is valuable for enhancing user experience.
Third-Party Integration:
If the TMS offers integrations with third-party services, users may use these integrations in accordance with the terms and conditions of the respective third-party providers.
Termination of Use:
DENEMO™ reserves the right to suspend or terminate access to TMS services if a user's activities are in violation of these terms or pose a risk to the system's integrity.
RESTRICTIONS ON ILLEGAL ACTIVITIES, HARASSMENT, AND ABUSE
Lawful Use:
Users of DENEMO™ 's Transport Management System (TMS) are strictly prohibited from engaging in any activities that are illegal, fraudulent, or in violation of applicable laws and regulations.
Harassment and Abuse:
Users are prohibited from using the TMS services to engage in any form of harassment, abuse, or threatening behavior towards other users, employees of DENEMO™, or any third parties.
Misuse of Information:
Users shall not use the TMS to collect, store, or disseminate sensitive information, personal data, or confidential materials without proper authorization.
Malicious Software:
Users shall not use the TMS to distribute, upload, or transmit any malicious software, viruses, or harmful code that may disrupt or compromise the integrity of the system.
Unauthorized Access:
Users shall not attempt to gain unauthorized access to other users' accounts, data, or information, or any part of the TMS's infrastructure.
Impersonation:
Users shall not impersonate other individuals, entities, or employees of DENEMO™, or engage in any actions that may mislead or deceive others.
Spam and Unsolicited Content:
Users shall not use the TMS to send spam, unsolicited emails, or any other form of unsolicited communication to other users or third parties.
Disruption of Services:
Users shall not engage in activities that may disrupt, damage, or impair the proper functioning of the TMS, its services, or associated systems.
Third-Party Rights:
Users shall respect the intellectual property rights, privacy rights, and other legal rights of third parties when using the TMS services.
Reporting Violations:
Users are encouraged to report any violations of these restrictions or any suspicious or abusive behavior to DENEMO™ for appropriate action.
Consequences of Violations:
DENEMO™ reserves the right to suspend or terminate access to TMS services for users found in violation of these restrictions, and legal action may be pursued if necessary.
Cooperation with Authorities:
DENEMO™ may cooperate with law enforcement agencies and other authorities to investigate and address violations of these restrictions.
5. DATA PRIVACY:
COLLECTION, STORAGE, AND USE OF USER DATA
Data Collection:
By using DENEMO™'s Transport Management System (TMS), you acknowledge and consent to the collection of certain information necessary for the functioning of the system and the provision of services.
Types of Data Collected:
The information collected may include but is not limited to: personal identification details (name, contact information), vehicle information, shipment details, order information, and communication records.
Purpose of Data Collection:
The collected data is used to facilitate and improve the TMS services, including route optimization, order management, fleet tracking, reporting, analytics, and communication with relevant stakeholders.
Data Storage:
DENEMO™ employs industry-standard security measures to protect the data collected. Data is stored securely on servers with appropriate safeguards to prevent unauthorized access, loss, or disclosure.
Data Retention:
Data is retained for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable laws and regulations.
Third-Party Services:
In certain cases, DENEMO™ may engage third-party service providers to assist in data processing or storage. These providers are contractually obligated to maintain the confidentiality and security of the data.
Data Usage and Sharing:
Your data is used internally by DENEMO™ for the purpose of providing, maintaining, and improving the TMS services. We do not sell, trade, or rent your personal information to third parties.
Communication:
DENEMO™ may use your contact information to send you important updates, announcements, or relevant information related to the TMS services. You have the option to opt out of such communications.
Anonymized and Aggregated Data:
DENEMO™ may use anonymized and aggregated data for analytical, research, and marketing purposes, which does not identify individual users.
Legal Compliance:
DENEMO™ may disclose user data when required by law, legal process, or governmental request, or to protect the rights, property, or safety of DENEMO™, its users, or others.
Data Access and Rectification:
Users have the right to access, update, correct, or delete their personal information stored by DENEMO™. You may contact DENEMO™ to exercise these rights.
Consent Withdrawal:
Users have the right to withdraw their consent for data processing at any time. This may impact your ability to access and use certain TMS services.
PRIVACY POLICY AND DATA PROTECTION MEASURES
Data Privacy Commitment:
DENEMO™ is committed to protecting your privacy and ensuring the security of your personal and sensitive information.
Privacy Policy:
Our Privacy Policy outlines how your data is collected, used, stored, and protected when you use the Transport Management System (TMS). Please review the Privacy Policy to understand our data practices in detail.
Data Collection and Usage:
The data collected through the TMS is used solely for the purpose of providing and improving TMS services, enhancing user experience, and ensuring the proper functioning of transportation operations.
Consent to Data Processing:
By using the TMS, you consent to the collection, processing, and storage of your data as described in our Privacy Policy.
Data Security:
DENEMO™ employs industry-standard security measures to protect your data from unauthorized access, disclosure, or alteration. Technical and organizational safeguards are in place to ensure data security.
Third-Party Processors:
In some cases, we may engage third-party processors to handle certain data processing activities, such as hosting, storage, or analytics. These processors are selected based on their adherence to privacy and security standards.
Data Access Control:
Access to your data is limited to authorized personnel who require it for legitimate purposes, such as system maintenance, troubleshooting, and support.
Data Retention:
We retain your data only for as long as necessary to fulfill the purposes for which it was collected or as required by law.
User Rights:
You have the right to access, correct, update, and delete your personal information stored by DENEMO™. You can exercise these rights by contacting DENEMO™ as outlined in the Privacy Policy.
Data Breach Notification:
In the event of a data breach that poses a risk to your rights and freedoms, DENEMO™ will promptly notify you in accordance with applicable laws.
Updates to Privacy Policy:
The Privacy Policy may be updated periodically to reflect changes in data practices or legal requirements. You are encouraged to review the Privacy Policy regularly for any updates.
Contact Information:
For any inquiries, requests, or concerns related to data privacy and protection, please contact DENEMO™ using the provided contact information in the Privacy Policy.
USE OF COOKIES AND TRACKING TECHNOLOGIES
Cookies and Tracking Technologies:
DENEMO™'s Transport Management System (TMS) may use cookies, web beacons, and other tracking technologies to enhance your user experience and provide personalized services.
Purpose of Cookies:
Cookies are small text files that are placed on your device to collect and store information. They help us improve the functionality of the TMS, understand user preferences, and provide relevant content.
Types of Cookies:
We may use session cookies (temporary cookies that are deleted when you close your browser) and persistent cookies (cookies that remain on your device for a specified period).
Cookie Management:
You have the option to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies if you prefer. However, this may impact your ability to use certain features of the TMS.
Third-Party Cookies:
Some third-party services integrated into the TMS may use cookies for their own purposes. These third-party cookies are subject to the respective privacy policies of those providers.
Web Beacons and Analytics:
We may use web beacons (small graphic images) and analytics tools to track user interactions with the TMS. These tools help us analyze user behavior, improve services, and monitor system performance.
Data Collected by Cookies:
Cookies and tracking technologies may collect information such as your device type, browser type, IP address, pages visited, and interactions with TMS features.
Opting Out:
If you wish to opt out of certain tracking technologies, you can adjust your browser settings or use the preferences provided by the specific third-party services integrated into the TMS.
Anonymous Data:
The data collected through cookies and tracking technologies is often aggregated and anonymized to protect your privacy and is used for analytical and statistical purposes.
Changes to Cookie Policy:
DENEMO™ reserves the right to update or modify its use of cookies and tracking technologies. Any changes will be reflected in the Cookie Policy, and you are encouraged to review it periodically.
6. SERVICE AVAILABILITY:
DISCLAIMER ABOUT DOWNTIME, MAINTENANCE, AND TECHNICAL ISSUES
System Reliability:
While DENEMO™ strives to provide a reliable and uninterrupted Transport Management System (TMS), you acknowledge and agree that occasional downtime, maintenance, and technical issues may occur.
Scheduled Maintenance:
DENEMO™ may perform scheduled maintenance on the TMS to ensure its proper functioning and to implement improvements. Such maintenance may result in temporary unavailability of services.
Unscheduled Downtime:
Unforeseen technical issues, hardware or software failures, or other factors may lead to unscheduled downtime. DENEMO™ will make reasonable efforts to minimize such disruptions.
Loss of Data:
DENEMO™ is not liable for any loss of data, information, or business operations that may occur during periods of downtime, maintenance, or technical issues.
No Guaranteed Uptime:
While DENEMO™ endeavors to maintain a high level of uptime, we do not guarantee continuous and uninterrupted access to the TMS services.
Communication of Downtime:
DENEMO™ will make reasonable efforts to communicate scheduled maintenance or significant downtime in advance through appropriate channels, such as the TMS website or user notifications.
No Liability for Consequences:
DENEMO™ shall not be held liable for any direct or indirect damages, losses, or inconveniences resulting from downtime, maintenance, or technical issues.
Backups and Data Protection:
You are responsible for regularly backing up your data and information stored on the TMS to mitigate potential data loss during downtime or technical incidents.
Acceptance of Risks:
By using the TMS, you acknowledge and accept the inherent risks associated with technical disruptions and agree to use the system at your own risk.
Efforts for Resolution:
DENEMO™ will make reasonable efforts to promptly address and resolve any technical issues that may arise, aiming to restore full system functionality as quickly as possible.
USER'S ACKNOWLEDGMENT OF POSSIBLE DISRUPTIONS
System Disruptions Acknowledgment:
By using DENEMO™'s Transport Management System (TMS), you acknowledge and understand that the system may experience disruptions, downtime, or technical issues from time to time.
Operational Realities:
The TMS relies on complex technology, networks, and infrastructure, which are subject to occasional failures, maintenance, and other operational challenges.
Impact on Services:
Disruptions may impact the availability, functionality, and performance of TMS services, including but not limited to route optimization, tracking, fleet management, and reporting.
Mitigation Efforts:
While DENEMO™ makes diligent efforts to minimize disruptions and address technical issues promptly, you acknowledge that complete prevention of all disruptions is not always possible.
Data Loss and Integrity:
Disruptions, maintenance, or technical issues may result in temporary unavailability or potential loss of data. It is recommended that you regularly back up your data stored within the TMS.
User Responsibility:
You understand that your use of the TMS is at your own risk, and you accept the potential for disruptions as part of the technology landscape.
No Guaranteed Availability:
DENEMO™ does not guarantee continuous or uninterrupted access to the TMS services and shall not be held liable for any consequences resulting from disruptions.
Communication and Updates:
DENEMO™ will make reasonable efforts to communicate planned maintenance or significant disruptions to users through appropriate channels.
Readiness for Disruptions:
You acknowledge the importance of being prepared for potential disruptions and understand that DENEMO™ is not responsible for any losses incurred due to such disruptions.
Acceptance of Terms:
By continuing to use the TMS, you indicate your acknowledgment of the possibility of disruptions and your agreement to use the system while understanding these operational realities.
7. INTELLECTUAL PROPERTY:
OWNERSHIP OF TMS CONTENT, TRADEMARKS, AND COPYRIGHTS
Content Ownership:
All content, materials, and information provided through DENEMO™'s Transport Management System (TMS), including text, graphics, images, logos, and software, are the property of DENEMO™ or its licensors.
Trademarks:
The trademarks, service marks, trade names, and logos used in connection with the TMS are owned by DENEMO™ and may not be used without prior written consent.
Copyrights:
The TMS and its content are protected by copyright laws and international treaties. Unauthorized reproduction, distribution, or modification of the TMS or its content may violate copyright and trademark laws.
Limited License:
DENEMO™ grants you a limited, non-exclusive, non-transferable license to access and use the TMS for its intended purposes. This license does not grant you ownership rights to the TMS or its content.
Use Restrictions:
You agree not to reproduce, distribute, modify, create derivative works, reverse engineer, decompile, or attempt to extract the source code of the TMS or its components.
User Content:
By submitting or uploading any content to the TMS, you grant DENEMO™ a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the content for the purpose of providing TMS services.
Feedback and Suggestions:
Any feedback, suggestions, or ideas you provide regarding the TMS may be used by DENEMO™ without any obligation to compensate you.
Protection of Rights:
DENEMO™ reserves all rights not expressly granted in these terms and conditions. Any use of the TMS or its content not explicitly authorized may constitute a violation of intellectual property rights.
Enforcement of Rights:
DENEMO™ reserves the right to take legal action to protect its intellectual property, trademarks, copyrights, and other proprietary rights.
Third-Party Content:
The TMS may contain links to third-party websites, content, or services. DENEMO™ does not claim ownership of third-party content and is not responsible for their content or practices.
RESTRICTIONS ON COPYING, DISTRIBUTING, OR MODIFYING CONTENT.
OWNERSHIP OF TMS CONTENT, TRADEMARKS, AND COPYRIGHTS
Content Ownership:
All content, materials, and information provided through DENEMO™'s Transport Management System (TMS), including text, graphics, images, logos, and software, are the property of DENEMO™ or its licensors.
Trademarks:
The trademarks, service marks, trade names, and logos used in connection with the TMS are owned by DENEMO™ and may not be used without prior written consent.
Copyrights:
The TMS and its content are protected by copyright laws and international treaties. Unauthorized reproduction, distribution, or modification of the TMS or its content may violate copyright and trademark laws.
Limited License:
DENEMO™ grants you a limited, non-exclusive, non-transferable license to access and use the TMS for its intended purposes. This license does not grant you ownership rights to the TMS or its content.
Use Restrictions:
You agree not to reproduce, distribute, modify, create derivative works, reverse engineer, decompile, or attempt to extract the source code of the TMS or its components.
User Content:
By submitting or uploading any content to the TMS, you grant DENEMO™ a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the content for the purpose of providing TMS services.
Feedback and Suggestions:
Any feedback, suggestions, or ideas you provide regarding the TMS may be used by DENEMO™ without any obligation to compensate you.
Protection of Rights:
DENEMO™ reserves all rights not expressly granted in these terms and conditions. Any use of the TMS or its content not explicitly authorized may constitute a violation of intellectual property rights.
Enforcement of Rights:
DENEMO™ reserves the right to take legal action to protect its intellectual property, trademarks, copyrights, and other proprietary rights.
Third-Party Content:
The TMS may contain links to third-party websites, content, or services. DENEMO™ does not claim ownership of third-party content and is not responsible for their content or practices.
USER
RESTRICTIONS ON COPYING, DISTRIBUTING, OR MODIFYING CONTENT
Content Usage Limitations:
The content, materials, and information provided through DENEMO™'s Transport Management System (TMS) are protected by copyright and other intellectual property laws.
Prohibited Activities:
You are prohibited from copying, reproducing, distributing, modifying, creating derivative works from, or publicly displaying any content from the TMS without prior written consent from DENEMO™.
Limited Exceptions:
You may print or download a single copy of TMS content for personal, non-commercial use, if you retain all copyright and proprietary notices intact.
Trademarks and Attribution:
Any use of trademarks, service marks, logos, or other identifiers from the TMS requires explicit written permission from DENEMO™ and proper attribution.
User Content Usage:
You are responsible for ensuring that any content you submit or upload to the TMS does not violate the intellectual property rights of third parties.
Modification and Reverse Engineering:
You agree not to modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the TMS or its content.
Commercial Use Restrictions:
You may not use TMS content for commercial purposes, including resale, distribution, or licensing, without prior written authorization from DENEMO™.
Third-Party Content:
The TMS may provide access to third-party content, which is subject to the terms and conditions of the respective third-party providers. You are responsible for complying with their usage restrictions.
Enforcement of Restrictions:
DENEMO™ reserves the right to take legal action to enforce these restrictions and protect its intellectual property rights.
Respect for Ownership:
By using the TMS, you acknowledge and respect the ownership and rights of DENEMO™ and other content creators associated with the TMS.
8. PAYMENT AND BILLING (IF APPLICABLE):
PRICING DETAILS, PAYMENT METHODS, AND BILLING CYCLES
Pricing Structure:
The pricing for DENEMO™'s Transport Management System (TMS) services is outlined on the TMS website or provided to you separately. Prices may vary based on the selected plan, features, and usage.
Payment Methods:
DENEMO™ accepts various payment methods, which may include credit cards, debit cards, electronic funds transfers, and other methods specified on the TMS website or during the registration process.
Billing Information:
You are responsible for providing accurate and up-to-date billing and payment information. You authorize DENEMO™ to charge your selected payment method for applicable fees.
Recurring Charges:
TMS services may be subject to recurring charges based on the selected billing cycle (monthly, annually, etc.). You agree to pay these charges in accordance with your chosen plan.
Billing Cycles:
Billing cycles for TMS services are based on the plan you select. Monthly plans are billed on a monthly basis, while annual plans are billed on a yearly basis, unless otherwise specified.
Auto-Renewal:
Subscriptions to TMS services may automatically renew at the end of each billing cycle, unless you choose to cancel or modify your subscription prior to the renewal date.
Cancellation and Refunds:
You may cancel your subscription to TMS services at any time, subject to the cancellation policies outlined on the TMS website or in separate communications. Refunds may be subject to the terms of the refund policy.
Price Changes:
DENEMO™ reserves the right to modify pricing for TMS services, which will be communicated to you in advance. Changes will be effective upon the start of your next billing cycle.
Taxes and Fees:
You are responsible for any applicable taxes, fees, or surcharges associated with your use of TMS services, as required by law.
Late Payments:
In the event of late or failed payments, DENEMO™ may suspend or terminate your access to TMS services until payment is successfully processed.
Account Termination:
Failure to pay for TMS services may result in account suspension or termination in accordance with DENEMO™'s policies.
Payment Security:
DENEMO™ takes reasonable measures to secure your payment information, but you acknowledge and agree that you provide such information at your own risk.
REFUND POLICY AND CANCELLATION TERMS
Refund Policy Overview:
DENEMO™'s refund policy governs the terms and conditions under which refunds are processed for the use of the Transport Management System (TMS) services.
Cancellation of Services:
You may cancel your subscription to TMS services at any time by following the cancellation procedures specified on the TMS website or in separate communications.
Refund Eligibility:
Refunds for TMS services will be considered based on the specific terms of your subscription plan and the timing of the cancellation request.
Monthly Plans:
For monthly subscription plans, you may be eligible for a prorated refund of any unused portion of the current billing cycle, subject to the terms of the plan.
Annual Plans:
For annual subscription plans, you may be eligible for a prorated refund of any unused months remaining in the annual subscription, subject to the terms of the plan.
Cancellation Request Process:
To request a refund and cancel your subscription, you must follow the cancellation process outlined on the TMS website or in separate communications.
Non-Refundable Charges:
Certain charges, such as setup fees, customization charges, or other non-recurring fees, may be non-refundable.
No Refunds for Prior Months:
Refunds are generally not provided for prior billing cycles or months of service that have already been utilized.
Discretionary Refunds:
DENEMO™ reserves the right to evaluate refund requests on a case-by-case basis and may grant discretionary refunds in exceptional circumstances.
Refund Process:
Refunds, if approved, will be processed within a reasonable timeframe using the original payment method used for the subscription.
Refund Denials:
DENEMO™ may deny refund requests if they do not meet the criteria outlined in the refund policy or if there is evidence of misuse or abuse of the TMS services.
Effect of Refund:
Upon approval of a refund and cancellation, your access to TMS services will be terminated, and you will no longer have the right to use the system.
9. LIABILITY AND DISCLAIMERS:
LIMITATION OF LIABILITY FOR DAMAGES OR LOSSES
Disclaimer of Liability:
By using DENEMO™'s Transport Management System (TMS), you acknowledge and agree that DENEMO™ shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data, or other intangible losses.
No Warranty:
The TMS services are provided "as is" and "as available" without any warranties of any kind, whether express or implied. DENEMO™ disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Third-Party Services:
DENEMO™ is not responsible for the actions, content, or services provided by third-party providers that may be integrated with or linked to the TMS. Any use of third-party services is at your own risk.
Loss of Data:
DENEMO™ shall not be liable for any loss of data, information, or business operations that may occur as a result of using the TMS, disruptions, downtime, or technical issues.
Indemnification:
You agree to indemnify, defend, and hold harmless DENEMO™ and its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses arising out of your use of the TMS or any violation of these terms and conditions.
Force Majeure:
DENEMO™ shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to natural disasters, acts of terrorism, and government actions.
Total Liability Limitation:
In no event shall DENEMO™'s total liability to you for all claims, damages, losses, or causes of action exceed the amount you have paid DENEMO™ for TMS services in the past twelve (12) months.
Legal Jurisdictions:
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such cases, the limitations above may not apply to you to the extent prohibited by law.
User Responsibility:
You acknowledge that your use of the TMS is at your own risk, and you are solely responsible for evaluating the accuracy, completeness, and usefulness of any information, content, or services provided through the TMS.
DISCLAIMERS OF WARRANTIES REGARDING TMS SERVICES
No Warranties:
DENEMO™'s Transport Management System (TMS) services are provided on an "as is" and "as available" basis without any warranties of any kind, whether express, implied, or statutory.
Implied Warranties:
DENEMO™ disclaims all implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from the course of dealing or usage of trade.
Accuracy and Completeness:
DENEMO™ does not warrant or represent that the TMS services will be accurate, reliable, complete, uninterrupted, secure, or error-free, nor does it guarantee any specific results from the use of the services.
Third-Party Services:
DENEMO™ makes no warranties or representations regarding third-party services that may be integrated with or linked to the TMS. Any use of such third-party services is at your own risk.
Data Integrity:
While DENEMO™ takes reasonable measures to ensure the security and integrity of data on the TMS, it does not warrant that data stored or transmitted through the system will be free from loss, corruption, attack, viruses, or other harmful elements.
User Responsibility:
You are solely responsible for evaluating the accuracy, reliability, completeness, and usefulness of any information, content, or services provided through the TMS.
Risk Acknowledgment:
You acknowledge and agree that your use of the TMS is at your own risk, and you assume full responsibility for any consequences that may result from such use.
No Endorsement:
DENEMO™ does not endorse, warrant, or guarantee any products, services, or information offered by third parties through the TMS.
Legal Jurisdictions:
Some jurisdictions do not allow the exclusion of certain warranties, so the above disclaimers may not apply to you to the extent prohibited by law.
Continuous Availability:
DENEMO™ does not warrant that the TMS services will be always available or that access to the services will be uninterrupted or error-free.
10. INDEMNIFICATION:
USER'S AGREEMENT TO INDEMNIFY THE TMS PROVIDER
Indemnification Obligation:
By using DENEMO™'s Transport Management System (TMS), you agree to indemnify, defend, and hold harmless DENEMO™, its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising out of or in connection with your use of the TMS or any violation of these terms and conditions.
Third-Party Claims:
This indemnification obligation extends to claims brought by third parties, including other TMS users, customers, partners, or any other individuals or entities affected by your actions or use of the TMS.
Scope of Indemnification:
You agree to indemnify DENEMO™ for any claims or liabilities arising from, but not limited to, your violation of these terms and conditions, your violation of any applicable laws or regulations, your infringement of third-party rights, and any content you submit or upload to the TMS.
Notification and Defense:
In the event of a claim or potential claim, DENEMO™ will provide you with prompt notice and details of the claim. You agree to promptly take appropriate steps to defend against such claims at your own expense, including providing DENEMO™ with reasonable assistance.
Settlement and Approval:
You shall not settle any claim without the prior written consent of DENEMO™, which shall not be unreasonably withheld. DENEMO™ reserves the right to participate in the defense of any claim, at its own expense, if it so chooses.
Limitation of Liability:
Your indemnification obligation does not release DENEMO™ from its own responsibilities and liabilities as outlined in these terms and conditions.
Good Faith Cooperation:
You agree to cooperate in good faith with DENEMO™ in the handling and defense of any claims, and you acknowledge that DENEMO™ may rely on your cooperation and input in defending against claims.
No Consequential Damages:
DENEMO™ shall not be liable for any consequential, indirect, special, punitive, or incidental damages arising out of or in connection with claims, even if advised of the possibility of such damages.
11. TERMINATION:
CONDITIONS UNDER WHICH USER ACCOUNTS MAY BE TERMINATED
Violation of Terms and Conditions:
DENEMO™ reserves the right to terminate user accounts if there is a substantial or repeated violation of these terms and conditions, including but not limited to prohibited activities, unauthorized use, or breach of user responsibilities.
Illegal or Harmful Activities:
User accounts may be terminated if they engage in illegal, fraudulent, malicious, or harmful activities, or if they use the TMS to facilitate or promote such activities.
Abuse or Harassment:
Accounts found to be engaging in abusive, harassing, threatening, or disruptive behavior towards other users, DENEMO™ staff, or third parties may be subject to termination.
Intellectual Property Violations:
User accounts that infringe upon the intellectual property rights of DENEMO™ or third parties, including copyright, trademark, or other proprietary rights, may be terminated.
Misuse of System Resources:
Accounts using excessive system resources, engaging in unauthorized data scraping, or causing disruptions to the TMS's functionality may be subject to termination.
Non-Payment:
Failure to make timely payments for TMS services in accordance with the specified billing terms may result in account suspension or termination.
Inactive Accounts:
DENEMO™ reserves the right to terminate inactive user accounts, which may be defined by a lack of activity or engagement over a certain period of time.
Legal Compliance:
User accounts may be terminated if DENEMO™ is required to do so to comply with applicable laws, regulations, or legal obligations.
User Request:
Users have the right to request the termination of their own accounts at any time. Termination requests must follow the procedures specified on the TMS website or in separate communications.
Effect of Termination:
Upon account termination, you will lose access to TMS services, and any data associated with your account may be deleted. DENEMO™ shall not be liable for any loss of data resulting from account termination.
Appeals and Disputes:
If you believe your account has been terminated in error or would like to appeal the termination, you may contact DENEMO™ using the provided contact information.
USER'S RESPONSIBILITIES UPON TERMINATION
Account Deactivation:
Upon termination of your user account, whether initiated by you or DENEMO™, you agree to immediately cease using the Transport Management System (TMS) and its services.
Data Retrieval:
You are responsible for retrieving and saving any data, information, or content associated with your account before the termination becomes effective, as DENEMO™ shall not be liable for any data loss or inability to access your account after termination.
Payment Obligations:
If applicable, you are responsible for settling any outstanding payments or fees owed to DENEMO™ for TMS services prior to or upon account termination.
Third-Party Integrations:
If you have integrated third-party services or tools with the TMS, it is your responsibility to review and manage those integrations in accordance with their respective terms and conditions upon account termination.
Discontinuation of Use:
You agree to discontinue all use of the TMS services and its features immediately upon account termination, including but not limited to accessing, interacting with, or utilizing any TMS functionality.
No Unauthorized Access:
You shall not attempt to access or use the TMS or its services after account termination, and you shall not attempt to circumvent any account deactivation measures implemented by DENEMO™.
Intellectual Property:
Any content, materials, or intellectual property provided to you as part of the TMS services remains the property of DENEMO™, and you shall not use, reproduce, or distribute such content after account termination.
Continuation of Terms:
The terms and conditions outlined herein shall continue to apply to your past use of the TMS services, including any obligations or responsibilities that survive account termination.
Return of Materials:
If applicable, you agree to promptly return any physical or electronic materials provided to you by DENEMO™ upon request and upon account termination.
No Liability:
DENEMO™ shall not be liable for any consequences, losses, or damages arising from your failure to comply with your responsibilities upon account termination.
12. GOVERNING LAW:
JURISDICTION AND APPLICABLE LAWS IN CASE OF DISPUTES
Governing Law:
These terms and conditions, and any disputes arising out of or in connection with them, shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.
Jurisdiction:
Any legal action, suit, or proceeding arising out of or relating to these terms and conditions shall be filed in the courts of [Jurisdiction], and you hereby consent to the personal jurisdiction and venue of such courts.
Alternative Dispute Resolution:
DENEMO™ and you agree to attempt to resolve any disputes, claims, or controversies arising out of or relating to these terms and conditions through good faith negotiations and, if necessary, through mediation or arbitration, as mutually agreed upon.
Arbitration Agreement:
If arbitration is chosen as the method of dispute resolution, DENEMO™ and you agree to submit the dispute to binding arbitration in accordance with the rules and procedures of [Arbitration Organization], and the award rendered by the arbitrator(s) shall be final and binding.
Waiver of Class Action:
Any dispute resolution proceedings, whether in court, mediation, or arbitration, shall be conducted only on an individual basis and not as a class or representative action, and you waive any right to participate in any class, collective, or representative proceedings.
Severability:
If any provision of this jurisdiction and applicable laws section is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.
Language and Interpretation:
These terms and conditions are written and shall be interpreted in the [Language] language. In the event of any inconsistency between translated versions and the [Language] version, the [Language] version shall prevail.
No Waiver:
DENEMO™'s failure to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision.
13. CHANGES TO TERMS AND CONDITIONS:
COMMUNICATION OF CHANGES TO THE TERMS
Notification of Changes:
DENEMO™ reserves the right to modify, amend, or update these terms and conditions at any time. Changes will become effective upon posting the revised terms on the [Your TMS Website] or by providing notice through the TMS user interface or via email.
Review of Changes:
It is your responsibility to review these terms periodically to be aware of any modifications. Your continued use of the Transport Management System (TMS) after the effective date of changes constitutes your acceptance of the revised terms.
Material Changes:
In the event of material changes to these terms, DENEMO™ may provide additional notice and options to review and accept the updated terms before they become effective.
Notice Mechanisms:
DENEMO™ may use various communication methods to notify you of changes, including but not limited to email notifications, in-app messages, or announcements on the TMS website.
Frequency of Updates:
Changes to these terms and conditions may occur periodically to reflect updates to TMS features, legal requirements, or industry standards.
Continued Use:
Your continued use of the TMS after the effective date of changes signifies your consent to be bound by the updated terms. If you do not agree with the revised terms, you should cease using the TMS.
User Acknowledgment:
By using the TMS, you acknowledge and agree that it is your responsibility to regularly review the terms and conditions for any modifications.
No Retroactive Changes:
Changes to these terms and conditions will not be applied retroactively and will only apply to the future use of the TMS.
Language and Interpretation:
Any translations of these terms are provided for convenience only. In the event of any inconsistency between translated versions and the [Language] version, the [Language] version shall prevail.
Contact Information:
If you have questions or concerns about changes to the terms, you may contact DENEMO™ using the provided contact information.
USER'S CONTINUED USE OF THE TMS AFTER CHANGES CONSTITUTE ACCEPTANCE
Acceptance of Revised Terms:
By using DENEMO™'s Transport Management System (TMS), you acknowledge and agree that your continued use of the TMS after the effective date of any changes to these terms and conditions constitutes your acceptance of the revised terms.
Review of Changes:
It is your responsibility to regularly review these terms and conditions for any modifications. If you do not agree with the revised terms, you should cease using the TMS.
Notice of Changes:
Changes to these terms and conditions will be communicated through notifications on the TMS user interface, email notifications, or announcements on the [Your TMS Website].
Material Changes:
In the case of material changes to these terms, DENEMO™ may provide additional notice and options to review and accept the updated terms before they become effective.
Effective Date:
Changes to these terms will become effective as of the date they are posted on the [Your TMS Website] or as otherwise specified in the notification.
No Retroactive Application:
Changes to these terms and conditions will not be applied retroactively and will only apply to your future use of the TMS.
User Acknowledgment:
You acknowledge and agree that your continued use of the TMS after changes to these terms signifies your acceptance of the revised terms.
Discontinuation of Use:
If you do not agree with the revised terms, you must discontinue using the TMS and terminate your user account.
Language and Interpretation:
Any translations of these terms are provided for convenience only. In the event of any inconsistency between translated versions and the English version, the English version shall prevail.
Contact Information:
If you have questions or concerns about changes to the terms, you may contact DENEMO™ using the provided contact information.
14. CONTACT INFORMATION:
CONTACT DETAILS FOR USER INQUIRIES, SUPPORT, OR LEGAL MATTERS
General Inquiries:
For general inquiries or questions regarding DENEMO™'s Transport Management System (TMS), you can contact us at:
• Email: [email protected]
• Phone: 630 999 8022
• Address: 2208 Tremont Ave, Aurora, IL
• Customer Support: [email protected]
If you require technical assistance, help with using the TMS, or have support-related inquiries, please reach out to our customer support team at:
• Email: [email protected]
• Phone: 630 999 8022
• Online Support: www.denemo.us
Legal Matters:
For legal inquiries or matters related to these terms and conditions, privacy, data protection, or other legal concerns, please contact our legal department at:
• Email: [email protected]
• Address: 2208 Tremont Ave, Aurora, IL
• Data Protection Officer (DPO): [email protected]
If you have questions or concerns about your personal data and privacy, you can contact our Data Protection Officer (DPO) at:
• Email: [email protected]
• Address: 2208 Tremont Ave, Aurora, IL
• Reporting Abuse or Violations: [email protected]
If you believe that the TMS is being used inappropriately, or if you encounter content that violates our terms, please report it to us at:
• Email: [email protected]
• Phone: 630 999 8022
• Feedback and Suggestions: [email protected]
We value your feedback and suggestions for improving our TMS. If you have ideas or recommendations, please share them with us at:
• Email: [email protected]
• Online Feedback Form: www.denemo.us
Language of Communication:
Our primary language of communication is English. Any translations provided are for convenience only.
Working Hours:
Our working hours for inquiries, support, and legal matters are 8 AM – 5 PM CST. We strive to respond to your inquiries promptly within these hours.