SOFTWARE AS A SERVICE AGREEMENT
BACKTAS GLOBAL LOGISTICS LLC
Last Updated: [●]
This Terms & Conditions / Software as a Service Agreement ("Agreement") is entered into between:
BACKTAS GLOBAL LOGISTICS LLC
a Florida Limited Liability Company
Document Number: L22000098267
FEI/EIN: 61-2027876
Principal Address:
7901 4TH ST N, STE 300
St. Petersburg, FL 33702
United States
("Company", "we", "us", "our")
and
The individual or legal entity accessing or using the Muhtar software ("Customer", "you", "your").
By creating an account, clicking "I agree", or using the Muhtar platform ("Service"), you agree to be bound by this Agreement.
If you do not accept this Agreement, do not use the Service.
1.1 Service:
The Muhtar logistics, trucking, and fleet management SaaS platform, including web applications, APIs, integrations, documentation, and all related functionality.
1.2 Customer Data:
Any data submitted, uploaded, transmitted, stored, or processed by Customer through the Service.
1.3 Authorized User:
Any employee, driver, subcontractor, agent, or representative of Customer authorized to access the Service.
1.4 Order Form:
Any online subscription selection, checkout page, or executed ordering document defining the chosen subscription plan and pricing.
1.5 Subscription Term:
The duration during which Customer is permitted to use the Service.
2.1 Eligibility
Customer confirms they are at least 18 and have legal authority to enter into this Agreement.
2.2 Account Creation
You must provide accurate and complete information. You are fully responsible for all activity conducted under your account credentials.
2.3 Authorized Users
You are responsible for ensuring all Authorized Users comply with this Agreement. Any action by an Authorized User is deemed your action.
3.1 Subscription Basis
Service is licensed on a subscription model. Plans, fees, and billing cycles are defined on the pricing page or Order Form.
3.2 Free Trial
We may offer a limited free trial. At the end of the trial, the subscription automatically renews to a paid plan unless cancelled prior to trial expiration.
3.3 Introductory Pricing
Intro pricing (e.g., discounted first months) will automatically convert to the standard rate after the promotional period unless cancelled.
3.4 Fees
All fees are billed in advance and are non-refundable, except where required by applicable law.
3.5 Taxes
Customer is responsible for sales tax, VAT, GST/HST, and similar taxes unless legally exempt.
3.6 Automatic Renewal
Subscriptions auto-renew unless cancelled before the renewal date.
3.7 Price Changes
We may modify pricing with prior notice. Continued use of the Service after effective date constitutes acceptance.
3.8 Non-Payment
Failure to pay may result in suspension or termination of access.
4.1 License Grant
During the Subscription Term, we grant Customer a limited, revocable, non-transferable license to use the Service solely for internal business operations.
4.2 Restrictions
Customer must not:
4.3 Fair Use Limits
We may enforce limits on storage, bandwidth, API usage, or messaging volumes to prevent system abuse.
5.1 Ownership
Customer retains ownership of Customer Data. We do not claim any proprietary rights.
5.2 License to Process Data
Customer grants us the rights necessary to process Data to provide the Service, improve performance, and comply with law.
5.3 Data Security
We implement commercially reasonable security measures (e.g., encryption, access controls, backups). No system can be guaranteed 100% secure.
5.4 Data Responsibility
Customer is fully responsible for legality, accuracy, and completeness of Customer Data.
5.5 Backups
We perform periodic backups but do not guarantee recovery of specific data sets. Customer should maintain separate backups.
5.6 Anonymized Data
We may create and use aggregated or anonymized data for analytics, benchmarking, and product improvement.
6.1 Integrations
The Service integrates with third-party services (e.g., Stripe, Google Maps, WhatsApp, ELD providers). Customer's use of such services is governed by their own terms.
6.2 No Liability for Third-Party Failures
We are not responsible for outages, data loss, or failures caused by third-party providers.
6.3 Changes to Integrations
We may modify or discontinue integrations at any time.
7.1 Availability
We target high uptime but do not guarantee uninterrupted access.
7.2 Maintenance
Scheduled or emergency maintenance may occur at any time.
7.3 Support
Support levels may vary by plan and may be modified at our discretion.
7.4 Beta Features
Beta or experimental features are provided "AS IS" without warranties.
8.1 Ownership
All software, logos, designs, algorithms, and documentation belong exclusively to BACKTAS GLOBAL LOGISTICS LLC.
8.2 Feedback
Any feedback submitted may be used freely, royalty-free, in perpetuity.
9.1 Customer Cancellation
Customer may cancel anytime. Cancellation takes effect at the end of the current billing cycle; no refunds.
9.2 Company Suspension
We may suspend access immediately if Customer:
9.3 Termination for Cause
Either party may terminate with 30 days' written notice if the other breaches and fails to cure the breach.
9.4 Post-Termination Data Handling
Upon termination:
THE SERVICE IS PROVIDED "AS IS", "AS AVAILABLE", WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED.
WE EXPRESSLY DISCLAIM WARRANTIES OF:
Customer uses the Service entirely at their own risk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
11.1
We are not liable for lost profits, lost revenue, business interruption, data loss, or any indirect, incidental, or consequential damages.
11.2
Our total liability will not exceed the amount paid by Customer in the 12 months preceding the claim.
11.3
These limitations apply even if we were advised of the possibility of such damages.
Customer agrees to defend, indemnify, and hold harmless BACKTAS GLOBAL LOGISTICS LLC from any claims, damages, losses, liabilities, or expenses arising from:
Both parties must protect each other's confidential information. Confidentiality obligations continue after termination.
14.1 Governing Law
This Agreement is governed by the laws of the State of Florida.
14.2 Venue
Any disputes will be resolved exclusively in state or federal courts located in Pinellas County, Florida.
14.3 Injunctive Relief
We may seek injunctive relief in any court to protect intellectual property.
We may update the Agreement at any time. Continued use of the Service constitutes acceptance of the updated terms.
For questions regarding this Agreement, please contact us at support@muhtar.us