Terms of Service

Last Updated: December 8, 2024

Welcome to OfficialTMS. By accessing or using our transport management software, you agree to be bound by these Terms of Service. Please read them carefully.

Acceptance of Terms

By creating an account, accessing, or using OfficialTMS services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these terms, you may not access or use our services.

Service Description

OfficialTMS provides cloud-based transport management software that includes:

  • Load management and dispatch
  • Real-time tracking and monitoring
  • Route optimization
  • Driver and fleet management
  • Analytics and reporting
  • Mobile applications

Account Registration

Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services.

Account Security

  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized access
  • You are responsible for all activities under your account
  • You must provide accurate and complete information

Subscription and Payment

Subscription Plans

OfficialTMS offers various subscription plans with different features and pricing. Details are available on our pricing page.

Payment Terms

  • Subscriptions are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law
  • We may change our fees with 30 days' notice
  • You authorize us to charge your payment method automatically

Free Trial

We offer a 30-day free trial for new customers. No credit card is required during the trial period. Your subscription will begin after the trial ends unless you cancel.

User Responsibilities

You agree to:

  • Use the service only for lawful purposes
  • Comply with all applicable laws and regulations
  • Not interfere with or disrupt the service
  • Not attempt to gain unauthorized access
  • Not use the service to transmit harmful code
  • Not reverse engineer or copy our software
  • Not resell or redistribute our services

Intellectual Property

Our Rights

OfficialTMS and all related trademarks, logos, and service marks are owned by us. The software, design, and content are protected by copyright and other intellectual property laws.

Your Content

You retain ownership of any data you submit to our services. By using our services, you grant us a license to use, store, and process your data to provide the services.

Service Availability

We strive to provide 99.9% uptime, but we do not guarantee uninterrupted access. We may suspend service for maintenance, updates, or emergency repairs.

  • Scheduled maintenance will be announced in advance
  • We are not liable for service interruptions
  • We may modify or discontinue features with notice

Data Backup and Security

We implement industry-standard security measures and perform regular backups. However, you are responsible for maintaining your own backups of critical data.

Termination

By You

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period.

By Us

We may suspend or terminate your account if you violate these terms, fail to pay fees, or engage in fraudulent activity.

Limitation of Liability

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

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

Warranty Disclaimer

The service is provided "as is" without warranties of any kind, either express or implied. We do not warrant that the service will be error-free or uninterrupted.

Indemnification

You agree to indemnify and hold harmless OfficialTMS from any claims, damages, or expenses arising from your use of the service or violation of these terms.

Dispute Resolution

Governing Law

These terms are governed by the laws of the State of New York, United States, without regard to conflict of law principles.

Arbitration

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules.

Changes to Terms

We reserve the right to modify these terms at any time. We will notify you of material changes via email or through the service. Continued use after changes constitutes acceptance.

Contact Information

For questions about these Terms of Service, please contact us:

Email: legal@officialtms.com

Phone: +1 (914) 639-2145

Address: New York, USA