Terms of Service

1. Agreement

These Terms of Service (“Terms”) are a binding agreement between you and floDock Inc.(“floDock,” “we,” “us”), a Wyoming corporation operating from Fort Mill, South Carolina 29707, USA. floDock Labs LLC is an affiliated company of floDock Inc., operating from the same address. floDock Labs LLC publishes the floDock mobile apps on the Google Play Store and the Apple App Store. Where these Terms describe the mobile apps or their publication, “floDock,” “we,” and “us” also include floDock Labs LLC. These Terms govern your use of flodock.com, My Account, demo requests, evaluation sandboxes, and the floDock mobile apps (floDock Partner, floDock Yard and floDock Go) (together, the “Services”). By visiting the site, creating an account, requesting a demo, starting a sandbox, or installing or signing in to an app, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

Business customers. If your company has signed a separate written agreement with floDock Inc. (an order form, subscription agreement or master services agreement, together with our Data Processing Addendum, the “Customer Agreement”), that agreement governs your company’s subscription and prevails over these Terms where they conflict. These Terms still govern each individual user’s use of the apps and the website.

2. Eligibility and authority

The Services are for business use. You must be at least 18 years old and able to form a binding contract. If you use the Services on behalf of a company or other entity, you represent that you are authorised to bind it, and “you” includes that entity. If you have been issued an app account by a company or facility, you confirm you are the person the account was issued to.

3. The Services

Website. flodock.com provides product information, demo requests, My Account, optional self-service evaluation sandboxes, careers applications and educational content. Educational content, industry statistics and comparisons are provided for general information and are not advice or a promise of results at your facility.

Evaluation sandboxes and beta features. Sandboxes, trials, previews and features marked beta, early access or similar are provided for testing and demonstration. They may be incomplete, may change or be withdrawn at any time, may be reset or deleted without notice, and are not covered by any service level, support commitment or data retention promise unless a Customer Agreement says otherwise. Do not load regulated or production-critical data into a sandbox.

Mobile apps. floDock Partner, floDock Yard and floDock Go are published by floDock Labs LLC and are for people whose company or facility has given them an account. You cannot sign up inside the apps. Your company’s Customer Agreement with floDock Inc. governs its workspace and data; these Terms govern your use of the apps themselves. The apps need an internet connection and a supported version of iOS or Android, and we may require you to install updates (including updates delivered inside the app) to keep using them.

Changes to the Services. We are a young company and the Services will change. We may add, modify or remove features, and we may suspend or discontinue the website, a sandbox or an app at any time. For paid subscriptions, any commitments about changes or discontinuation are set out in the Customer Agreement.

4. Accounts and security

• Keep your credentials confidential and do not share your account. You are responsible for activity under your account until you tell us it has been compromised.
• Provide accurate information and keep it current.
• Website account passwords are separate from sandbox passwords; do not reuse passwords you use elsewhere.
• Notify us promptly at hi@flodock.com if you suspect unauthorised access.
• Your company administrator may create, suspend or remove app accounts, and may see the work records associated with your account. You may delete your own account at any time (see account deletion).

5. Licence to use the Services

Subject to these Terms, floDock grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the website and, if you have been issued an account, to install and use the apps on devices you own or control, solely for your or your company’s internal business use of the floDock service. All rights not expressly granted are reserved. The apps are licensed, not sold.

6. Acceptable use

You agree not to, and not to allow anyone else to:

• Use the Services to break any law or regulation, or to infringe or violate anyone’s rights
• Access another person’s account, or share, sell or transfer your own
• Probe, scan, test the vulnerability of, or breach the security of the Services or any related system or network without our written permission
• Scrape, crawl, harvest or bulk-download content or data from the Services, or use automated means to access them, except for public search engines indexing public pages
• Interfere with or overload the Services, including by denial-of-service attacks, excessive requests or abuse of free trials
• Upload or transmit malware, spam, unlawful, defamatory, harassing or infringing content, or content that violates another person’s privacy
• Upload data you are not entitled to share, including another person’s government ID, health data or payment card numbers
• Reverse engineer, decompile, disassemble or attempt to derive the source code of the apps or the service, except to the extent applicable law forbids this restriction
• Copy, modify, create derivative works of, frame, mirror, resell, rent or sublicense any part of the Services, or build a competing product using them
• Remove or alter any proprietary notices, or use floDock’s name, logo or trademarks without permission
• Misrepresent your identity, affiliation or authority, or impersonate anyone
• Use the Services to send unsolicited messages or to collect information about other users without their consent

We may investigate suspected violations and may remove content, suspend or terminate access, and cooperate with law enforcement where we believe it is appropriate.

7. Your content and data

Ownership. As between you and floDock, you (or your company) own the information, files, photos, status updates and messages you submit to the Services (“Your Content”). floDock does not claim ownership of Your Content.

Licence to floDock. You grant floDock a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display, process, back up and otherwise use Your Content as reasonably needed to provide, secure, support, maintain and improve the Services, to prevent or address technical, security or legal problems, and as otherwise permitted by the Privacy Policy or a Customer Agreement. This licence lasts for as long as Your Content is on the Services and for a limited period afterwards to allow backups to age out. Where floDock processes Your Content on behalf of your company, it does so as a processor under the company’s instructions and our Data Processing Addendum. We do not sell Your Content or use it for advertising.

Usage data. floDock may collect and use technical and usage data about how the Services are used (such as feature usage, performance and error data) and may create aggregated or de-identified statistics from it, provided that such statistics do not identify you, your company or any individual. We may use these for any lawful business purpose, including improving and marketing the Services.

Your responsibilities. You are responsible for Your Content, for having the rights and consents needed to submit it, and for its accuracy and legality. floDock does not pre-screen content but may remove content that we reasonably believe violates these Terms or the law.

Feedback. If you send us suggestions, ideas or feedback, you grant floDock a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose without obligation to you.

8. floDock’s intellectual property

The Services, including the software, apps, platform, design, text, graphics, logos, trademarks, documentation and all related intellectual property, are owned by floDock or its licensors and are protected by copyright, trademark and other laws. Except for the limited licence in section 5, nothing in these Terms gives you any right, title or interest in the Services. Third-party open-source components included in the apps are licensed under their own terms.

Copyright complaints. If you believe content on the Services infringes your copyright, email hi@flodock.com with the subject “Copyright notice” and include: identification of the work and of the material you say infringes it and where it is located; your contact details; a statement that you have a good-faith belief the use is not authorised; a statement under penalty of perjury that the information is accurate and that you are the owner or authorised to act for the owner; and your physical or electronic signature. We may remove the material and may terminate the accounts of repeat infringers.

9. Third-party services and app stores

The Services rely on third-party services (for example hosting, push notifications, app distribution and sign-in providers) and may link to third-party websites. floDock is not responsible for third-party services or content, and your use of them is governed by their terms.

App store terms. If you download an app from the Apple App Store or Google Play, you also agree to that store’s terms. These Terms are between you and floDock only, not with Apple Inc. or Google LLC. Apple and Google are not responsible for the apps or their content, have no obligation to provide maintenance or support for them, and have no warranty obligation; to the extent any warranty applies and is not disclaimed, you may notify Apple and Apple will refund any purchase price (the apps are free). Apple and Google are not responsible for addressing any claim relating to the apps, including product liability, regulatory compliance or intellectual property claims. You represent that you are not located in a country subject to a US government embargo or designated as a terrorist-supporting country, and that you are not on any US government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the iOS apps and may enforce them against you.

10. Fees

The website, My Account, evaluation sandboxes and the apps are currently provided without charge to individual users. Fees for a floDock subscription are set out in your company’s Customer Agreement. We may introduce or change fees for optional services with advance notice; nothing in these Terms obliges you to pay for a service you have not ordered in writing.

11. Suspension and termination

You may stop using the Services at any time and may delete your account as described on the account deletion page. floDock may suspend or terminate your access to all or part of the Services, with or without notice, if we reasonably believe you have violated these Terms, create a security or legal risk, if your company ends its use of floDock or removes your account, if the law requires it, or if we discontinue a Service. Where practical we will give notice and an opportunity to cure. On termination your licence ends and you must stop using the apps. Sections 7 (licences and responsibilities), 8, 12, 13, 14, 15 and 17 survive termination, and your company’s Customer Agreement governs the return or deletion of its data.

12. Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. floDock does not warrant that the Services will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Services will meet your requirements. No service level, uptime or support commitment applies unless it is written into a Customer Agreement. Information on the website, including industry statistics, research and comparisons, illustrates market context and is not a guarantee of results. The Services help you organise yard operations; you and your company remain responsible for operational, safety, regulatory and contractual decisions, including the verification of drivers, loads and documents. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

13. Limitation of liability

To the fullest extent permitted by law, floDock and its officers, directors, employees, contractors and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, use or data, or for the cost of substitute services, arising out of or relating to the Services or these Terms, however caused and under any theory of liability, even if advised of the possibility of such damages.

To the fullest extent permitted by law, floDock’s total aggregate liability for all claims arising out of or relating to the Services or these Terms is limited to the greater of (a) the amounts you paid floDock for the Services in the twelve months before the event giving rise to the claim, and (b) one hundred US dollars (US$100). If your company has a Customer Agreement, the liability terms in that agreement apply to claims by the company instead of this paragraph.

These limitations do not apply to liability that cannot be limited by law, including liability for fraud, gross negligence or wilful misconduct, or for death or personal injury caused by negligence where applicable law does not permit its exclusion. Some jurisdictions do not allow the limitation of certain damages, so some of the above may not apply to you.

14. Indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless floDock and its officers, directors, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to (a) Your Content, (b) your use of the Services in violation of these Terms or the law, or (c) your violation of any third party’s rights. Where you use the Services on behalf of a company, this obligation is also undertaken by that company. We will notify you of any such claim and may participate in its defence at our own expense; you may not settle a claim that imposes obligations on floDock without our written consent.

15. Governing law and dispute resolution

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Wyoming, USA, and the federal laws of the United States, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first. Before starting any formal proceeding, you agree to send a written description of the dispute to hi@flodock.com and to try in good faith to resolve it with us informally for at least 30 days. We will do the same.

Courts. If a dispute is not resolved informally, it will be brought exclusively in the state or federal courts located in Wyoming, and you consent to their personal jurisdiction and venue, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information, and except where the law of your place of residence requires otherwise (for example, mandatory consumer protections, which are not expected to apply to business use). To the extent permitted by law, each party waives any right to a jury trial and agrees that disputes will be brought only on an individual basis and not as a plaintiff or class member in any class, consolidated or representative action. Any claim must be brought within one year after it arose, where the law allows this period to be shortened.

16. Changes to these Terms

We may update these Terms from time to time. The “Effective” date will change when we do. If a change is material we will give reasonable notice before it takes effect, for example by posting a notice on the website, by email, or in the apps; non-material changes (such as clarifications or new features) take effect when posted. Continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree, stop using the Services and, if applicable, delete your account.

17. General

• Entire agreement. These Terms, the Privacy Policy and any Customer Agreement are the entire agreement between you and floDock about the Services and supersede prior understandings.
• Severability and waiver. If any provision is unenforceable it will be enforced to the maximum extent permitted and the rest remains in effect. A failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms without our written consent. floDock may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
• Force majeure. floDock is not liable for delays or failures caused by events beyond its reasonable control, including internet or hosting outages, app store actions, labour disputes, natural disasters or acts of government.
• Export and sanctions. You must comply with US export control and sanctions laws in using the Services.
• Electronic communications. You agree to receive notices from us electronically, including by email to the address on your account, by in-app message or by posting on the website.
• No third-party beneficiaries except as stated in section 9.
• Independent contractors. Nothing in these Terms creates a partnership, agency or employment relationship. Drivers and staff who use the apps are not employees or contractors of floDock.

18. Contact

floDock Inc. (flodock.com and the floDock platform) and floDock Labs LLC (publisher of floDock Partner, floDock Yard and floDock Go), Fort Mill, South Carolina 29707, USA. Questions about these Terms: hi@flodock.com.