Terms of Service — NotifyMeBins

Contents

Agreement and parties
Definitions
What the service does
What the service is not
The nature of reports
Accounts, PINs and stickers
Your responsibilities
Acceptable use
Custom redirect destinations
Fees and payment
Intellectual property and your data
Disclaimers and limitation of liability
Term, suspension and termination
Governing law
General

1. Agreement and parties

These Terms form a binding agreement between you and NotifyMe LLC, a Wyoming limited liability company ("NotifyMe," "we," "us" and "our").

Which entity you are contracting with

These Terms apply to services provided by NotifyMe LLC. Services to customers in Canada are provided by NotifyMe Inc., a Canadian federal corporation, under separate terms at notifymesolutions.ca.

By creating an account, submitting a report, or using any part of the platform, you accept these Terms. If you are accepting on behalf of a business, you confirm you have authority to bind it.

2. Definitions

Platform — the NotifyMe Solutions services, including NotifyMeFleet, NotifyMeDriving and NotifyMeBins, with their websites, applications and dashboards.
Customer — a business that subscribes.
Scannable Asset — a vehicle, container or other item carrying a NotifyMe QR identifier.
Reporter — anyone who scans a Scannable Asset and submits a report.
Report — a submission made by a Reporter.
Subject — a person a Report concerns, such as a driver.

3. What the service does

The Platform lets a Reporter scan a QR identifier and submit a structured report. We transmit that report to the Customer associated with that asset, together with the asset identifier, the time of submission, and where permitted the Reporter's approximate location and any photograph attached. Depending on the product, alerts may go to the Customer's designated contacts, to the operator of the asset, or both. Reports are recorded in the Customer's dashboard.

4. What the service is not

Not an emergency service

The Platform is not an emergency reporting system and must never be used as one. It is not monitored around the clock, and no emergency service, police force, or regulator receives reports made through it.

If you witness an emergency, a collision, an immediate danger to life, or a crime in progress, call 911 or your local emergency number. Do not scan a QR code instead. Reporting through the Platform does not alert anyone able to respond to an emergency.

The Platform is also not:

A substitute for legally required inspections. Trip inspection obligations under National Safety Code Standard 13 in Canada, the equivalent US federal requirements, and all preventive maintenance duties remain entirely yours. Nothing on the Platform reduces or satisfies them.
A monitoring or surveillance service. We do not watch your fleet. We transmit what members of the public choose to send.
A guarantee against any incident. We make no representation that using the Platform will prevent a collision, a mechanical failure, a wheel separation, a violation, an out-of-service order, or any other event.
A safety rating or compliance service. Reports do not appear on any regulatory record, and we do not represent that use of the Platform will change any safety rating, score, or insurance outcome.
A dispatch, routing, maintenance or telematics system, and not a replacement for one.

5. The nature of reports

The most important thing in this document

A Report is an unverified account by a member of the public. It is a claim, not a finding, and not evidence.

You acknowledge and agree that:

We do not verify the accuracy, completeness or good faith of any Report.
Reports may be mistaken, exaggerated, incomplete, malicious, or about the wrong vehicle.
Automated screening reduces abusive content but does not establish accuracy.
You are solely responsible for how you interpret and act on a Report, including any employment, disciplinary or maintenance decision. We are not a party to those decisions and accept no responsibility for them.
Where you act on a Report concerning an individual, you are responsible for doing so lawfully, including under employment law, privacy law, and any collective agreement.

Delivery is not guaranteed

We aim to deliver alerts promptly but cannot guarantee that any Report will be delivered, delivered promptly, or delivered at all. Delivery depends on mobile networks, SMS and email providers, device settings, and internet connectivity outside our control. Do not rely on the Platform as the sole means of learning about a safety-critical condition.

6. Accounts, PINs and stickers

You must give accurate account information and keep it current.
You are responsible for all activity under your account and for the security of your credentials and any company PIN you issue. Tell us promptly of any suspected compromise.
You are responsible for issuing PINs only to people you authorise, and for revoking them when authorisation ends.
QR identifiers are licensed to you for the term of your subscription, not sold. You must not duplicate, reproduce, or transfer them to assets you do not operate.
You are responsible for correctly associating each identifier with the right asset in your account, and for placing and maintaining stickers so they remain legible.

7. Your responsibilities

Your legal obligations remain yours. Inspection, maintenance, driver qualification, hours of service, and every other regulatory duty is unaffected by this agreement.
Receiving a Report may put you on notice. Once a Report is delivered, you may be treated at law as having been made aware of the condition it describes. What you do next is your decision and your responsibility. We strongly recommend a documented review process for every Report received.
Where you record information about employees, you are the party responsible for that information under applicable privacy law, and you must handle it lawfully. We process it on your behalf.
You must tell drivers and staff about the Platform to the extent your legal obligations require.

8. Acceptable use

You and any Reporter must not:

Submit false, fraudulent, harassing, defamatory or deliberately misleading Reports
Submit unlawful content, or images taken unlawfully
Use the Platform to harass, stalk, intimidate or track any individual
Attempt to identify an anonymous Reporter
Attempt to access another Customer's data, or probe, scan or test the security of the Platform
Scrape, reverse engineer, resell or sublicense the Platform without our written consent
Interfere with or overload our infrastructure
Scan or interact with a Scannable Asset in a way that is unsafe, including while driving. Reports should only ever be made when safely stopped.

We may remove content and suspend access for breach of this section.

9. Custom redirect destinations

Customers may configure a Scannable Asset to route scans to a URL they control instead of to our reporting flow.

Where you do so: the destination is entirely your system. We store the URL and route the scan to it, and nothing more. We do not build, host, monitor, secure or support what sits at the other end, and we are not responsible for its availability, content, security, or its handling of any information collected there. You are responsible for that destination complying with all applicable law, including privacy law. You must use HTTPS.

You indemnify us against any claim arising from a custom redirect destination you configure.

10. Fees and payment

Fees are set out in your Order — the subscription plan, order form or quote you accept when you purchase. Your Order states the amounts, the billing period, and any usage-based charges and caps that apply. These Terms govern when and how you are charged; the amounts live in your Order.
Recurring fees are billed in advance for each billing period. Subscriptions renew automatically for successive periods unless cancelled before the renewal date.
Usage-based fees. Some products include per-event charges in addition to any recurring fee — for example a charge for each report submitted or each service triggered. Usage-based charges are billed monthly in arrears, and any cap on them is stated in your Order.
Payments are processed by Stripe and subject to its terms. We do not store card details.
Fees exclude applicable taxes, which are added where required.
Fees are non-refundable except where required by law or expressly stated in your Order.
We may change pricing on 30 days' written notice, effective at your next renewal.
We may suspend the service for accounts more than 30 days overdue.

11. Intellectual property and your data

Ours. The Platform, its software, design, and the NotifyMe, NotifyMeFleet, NotifyMeDriving and NotifyMeBins names and marks are our property. Nothing here transfers ownership. You are granted a limited, non-exclusive, non-transferable licence to use the Platform during your subscription.

Yours. You retain ownership of your account data and the Reports associated with your assets. You grant us a licence to host, process and transmit it solely to provide the service and as described in our Privacy Policy.

You may export your data at any time during your subscription, and for 30 days after termination, after which we may delete it.

We may use aggregated, de-identified data that cannot identify you, any individual, or your business, to improve and describe the service.

12. Disclaimers and limitation of liability

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ANY REPORT WILL BE DELIVERED OR DELIVERED PROMPTLY, OR THAT ANY REPORT WILL BE ACCURATE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY.

THIS INCLUDES ANY LIABILITY ARISING FROM: A REPORT THAT WAS NOT DELIVERED, WAS DELAYED, OR WAS INACCURATE; A DEFECT, COLLISION, INJURY, DEATH, PROPERTY DAMAGE, WHEEL SEPARATION OR OTHER INCIDENT THAT OCCURRED WHETHER OR NOT A REPORT WAS MADE; ANY REGULATORY VIOLATION, OUT-OF-SERVICE ORDER, FINE, PENALTY, SAFETY RATING CHANGE OR INSURANCE OUTCOME; AND ANY ACTION YOU TOOK OR DID NOT TAKE IN RESPONSE TO A REPORT.

OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you. Nothing here excludes liability that cannot lawfully be excluded, including for fraud, or for death or personal injury caused by our negligence.

Indemnity

You will indemnify and hold us harmless against claims arising from your use of the Platform, your breach of these Terms, your handling of Reports or personal information, any custom redirect destination you configure, and any decision you make about an individual based on a Report.

13. Term, suspension and termination

These Terms apply while you use the Platform.
You may cancel at any time, effective at the end of the current billing period.
We may suspend or terminate immediately for material breach, non-payment, or use that creates legal risk or risk of harm.
We may terminate for convenience on 60 days' notice, with a pro-rata refund of prepaid fees.
On termination your access ends and QR identifiers are deactivated. Scans of a deactivated identifier will no longer generate Reports.
Sections 5, 7, 9, 11, 12 and 14 survive termination.

14. Governing law

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules, together with applicable United States federal law. You and NotifyMe LLC submit to the exclusive jurisdiction of the state and federal courts located in the State of Wyoming, and waive any objection to venue in those courts.

15. General

Entire agreement. These Terms and the Privacy Policy are the whole agreement between us and supersede prior discussions.
Changes. We may update these Terms and will give account holders at least 30 days' notice by email of material changes. Continued use after they take effect is acceptance.
Assignment. You may not assign without our consent. We may assign these Terms, in whole or as they relate to a particular product line, in connection with a sale of that product line or of our business.
Severability. If a provision is unenforceable, the rest remains in force.
No waiver. Failure to enforce a provision is not a waiver of it.
Force majeure. Neither party is liable for failure caused by events beyond reasonable control.