Terms of Service

1. Agreement to Terms

By accessing and using the Waymark Signalworks platform and services (the "Service"), you agree to be bound by these Terms of Service. If you do not agree to any part of these terms, you may not use the Service. Waymark Signalworks ("Company," "we," "us," or "our") reserves the right to modify these terms at any time. Your continued use of the Service following the posting of revised terms means you accept and agree to the changes.

2. Description of Service

Waymark Signalworks provides a platform for logistics and operational analytics. The Service includes software, data integration, reporting, and associated support services. The specific features and functionality available depend on your service plan and agreement with the Company.

3. User Responsibilities

You agree to:

• Use the Service only for lawful purposes and in compliance with all applicable laws and regulations
• Maintain the confidentiality of your account credentials and passwords
• Take responsibility for all activity on your account
• Not use the Service to transmit any unlawful, threatening, abusive, defamatory, or offensive content
• Not attempt to gain unauthorized access to the Service or its systems
• Not use the Service in any manner that could damage, disable, or impair the Service
• Comply with all data protection and privacy laws applicable to your use of the Service
• Provide accurate and complete information when requested

4. Intellectual Property Rights

The Service, including all software, content, features, and functionality, is owned by Waymark Signalworks or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these terms and your service agreement. You may not reproduce, modify, distribute, or create derivative works based on the Service without our express written consent.

Any feedback, suggestions, or improvements you provide regarding the Service may be used by the Company without restriction or obligation to you.

5. Your Data and Content

You retain ownership of all data and content you provide to the Service ("Your Data"). By providing Your Data to the Service, you grant the Company a worldwide, non-exclusive, royalty-free license to use, process, store, and display Your Data to provide the Service to you.

You are responsible for maintaining appropriate backups of Your Data. The Company is not liable for loss of Your Data, except as expressly stated in your service agreement.

You warrant that you have the right to provide Your Data to the Company and that Your Data does not infringe any third-party rights, including intellectual property, privacy, or personal data rights.

6. Acceptable Use Policy

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit viruses, malware, or any code of destructive nature
• Attempt to gain unauthorized access to any portion of the Service
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or attempt to derive the source code of the Service
• Use the Service to develop competing products or services
• Remove or alter any proprietary notices or labels on the Service
• Use automated tools or scripts to access or scrape the Service without permission

Violations of this policy may result in termination of your account and legal action.

7. Account Termination

The Company may suspend or terminate your account at any time if you violate these terms, breach your service agreement, or engage in conduct that we deem harmful to the Service or other users. Upon termination, your right to use the Service ceases immediately. You remain liable for any outstanding fees or obligations.

You may terminate your account at any time by providing written notice to the Company, subject to any early termination penalties specified in your service agreement.

8. Warranty Disclaimer

The Service is provided on an "as-is" and "as-available" basis. To the fullest extent permitted by law, the Company disclaims all representations and warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

The Company does not warrant that the Service will be uninterrupted, error-free, or that defects will be corrected. We do not guarantee the accuracy, completeness, or reliability of any content provided through the Service.

9. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business interruption, even if advised of the possibility of such damages.

The Company's total liability for any claims arising out of or relating to these terms or the Service shall not exceed the total amount paid by you for the Service in the 12 months preceding the claim, or $10,000, whichever is greater.

Some jurisdictions do not allow the limitation of liability, so this limitation may not apply to you.

10. Indemnification

You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these terms, or your infringement of any third-party rights.

11. Service Levels and Support

The Company provides support during standard business hours (Monday–Friday, 9am–6pm UTC). Support response times depend on the severity of your issue and your service plan. The Company will use commercially reasonable efforts to resolve reported issues, but does not guarantee immediate resolution.

Specific service level agreements, if any, are defined in your service agreement, not in these terms.

12. Payment Terms

If you have agreed to pay fees for the Service, you agree to pay the fees specified in your service agreement. Fees are typically billed on a monthly or annual basis, depending on your plan. Payment is due within 30 days of invoice unless otherwise specified.

The Company may change pricing with 30 days' written notice. Price changes take effect at the beginning of your next billing cycle. If you do not agree to price changes, you may terminate your account.

If payment is not received, the Company may suspend or terminate your account.

13. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and to use it only for purposes of fulfilling its obligations under these terms and your service agreement. This obligation does not apply to information that is publicly available, already known to the receiving party, or independently developed.

14. Compliance with Laws

You agree to comply with all applicable laws, regulations, and export controls in your use of the Service. You may not use the Service if you are located in, or are a resident or citizen of, any country subject to U.S. embargo or if you are listed on any U.S. government restricted parties list.

15. Dispute Resolution

Any disputes arising out of or relating to these terms or the Service shall be governed by the laws of the jurisdiction specified in your service agreement. Both parties agree to attempt to resolve disputes through good-faith negotiation before pursuing legal action.

16. Entire Agreement

These Terms of Service, together with your service agreement and any incorporated documents, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements, negotiations, and understandings. If any provision of these terms is found to be unenforceable, the remaining provisions shall remain in effect.

17. Contact Information

If you have questions about these Terms of Service or need to contact the Company, please reach out: