Terms of Use

Effective: October 1, 2016

Thank You!

We are CargoSnap, which, along with other services (such as ContainerSnap) is a product of Proof of Condition Solutions BV, based in Utrecht in the Netherlands. In this document we will refer to us as “CargoSnap”.

By using the Services, you agree to the Terms. Follows that if you don’t agree with them, then don’t use the Services.

About CargoSnap

CargoSnap aims to simplify the sharing of photos and data relating to logistics (including, but not limited to cargo and cargo-securing and transportation means). We also aim to collect information that can be used to improve service and reduction of total supply chain costs.

CargoSnap consists of two environments: a Phone/Tablet app (henceforth “App”) for the collections of photos and data, and a secured online environment (henceforth called “Platform”) for the sharing and management of the data. The use of either the App and/or Platform is referred to as the “Services”.

Using CargoSnap

By using the Services, you state that you will comply with these Terms and all applicable laws, rules, and regulations.

Rights We Grant You

CargoSnap grants you a worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use Services’ benefits in a way that these Terms allow.

Any mobile software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software.

Rights You Grant Us

Our Services let you create, upload, post, send, receive, share and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. For all Services you grant CargoSnap a worldwide, royalty-free license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. You may expect from us that we will not sell or share any of the content in a way it may be traced to you.

While we’re not required to do so, we may access, review, screen, and delete your content if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.

Respecting Other People’s Rights

CargoSnap respects the rights of others. And so should you. You therefore may not upload, post, send, or store content that:

  • violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
  • bullies, harasses, or intimidates.
  • spams.

In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms.

Safety

We try hard to keep our Services a safe place for all users. But we need your help with that. By using the Services, you agree that:

  • You will not use the Services for any purpose that is illegal or prohibited in these Terms.
  • You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
  • You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
  • You will not use or attempt to use another user’s account, username, or password without their permission.
  • You will not solicit login credentials from another user.
  • You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
  • You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
  • You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
  • You will not probe, scan, or test the vulnerability of our Services or any system or network.
  • You will not encourage or promote any activity that violates these Terms.

We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never CargoSnap and drive. And never put yourself or others in harm’s way just to capture a CargoSnap.

Securing your account

You are responsible for any activity that occurs in your CargoSnap account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
If you think that someone has gained access to your account, please immediately reach out to CargoSnap Support.

Data Charges and Mobile Phones

While the App provides the option to limit the use of a mobile plan for data (uploads), you are eventually responsible for any mobile charges that you may incur for using our Services, including data charges.

Modifying the Services and Termination

We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

While we hope you remain a lifelong CargoSnap user, you can terminate these Terms at any time and for any reason by deleting your account. A company license can be terminated with only a months notice (except when you’ve signed up for a long term contract, in which case the minimum term in that contract shall apply).

CargoSnap may also terminate these Terms with you at any time, for any reason, with 3 months advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services.

Regardless of who terminates these Terms, both you and CargoSnap continue to be bound by Sections ……. of the Terms.

Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE CARGOSNAP ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

CARGOSNAP TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH CARGOSNAP WILL BE RESPONSIBLE FOR.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARGOSNAP AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF CARGOSNAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CARGOSNAP’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID CARGOSNAP, IF ANY, IN THE LAST 12 MONTHS.

Venue and Law

All claims and disputes, including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the Utrecht, The Netherlands Court.

The laws of The Netherlands govern these Terms and any claims and disputes arising out of or relating to these Terms.

Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

Payment

Payment for the use of CargoSnap should be made prior to the applicable use period. Failure to pay may lead to suspension and or removal of your account.

Any additional services or requirements you request us to be performed will be charged in addition to the license fee.

Unless expressly provided otherwise, all prices are exclusive of BTW (Dutch VAT). CargoSnap shall be entitled to pass any change to the BTW rate on to the other party.

Final Terms

  • These Terms make up the entire agreement between you and CargoSnap, and supersede any prior agreements.
  • These Terms do not create or confer any third-party beneficiary rights.
  • If we do not enforce a provision in these Terms, it will not be considered a waiver.
  • We reserve all rights not expressly granted to you.
  • You may not transfer any of your rights or obligations under these Terms without our consent.