TERMS & CONDITIONS

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. DEFINITIONS

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. ACCOUNT REQUIREMENTS

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. SUBSCRIPTION, BILLING, PRICING

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. LICENSE GRANT AND USE RESTRICTIONS

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:

  • reverse engineer, decompile, or attempt to extract source code
  • copy, modify, or create derivative works of the Service
  • resell, rent, lease, sublicense, or provide third-party access
  • interfere with platform functionality or security
  • upload viruses, malicious code, or unlawful content
  • use the Service in violation of transportation, employment, ELD, safety, or privacy laws

4.3 Fair Use Limits

We may enforce limits on storage, bandwidth, API usage, or messaging volumes to prevent system abuse.

5. CUSTOMER DATA, PRIVACY & SECURITY

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. THIRD-PARTY SERVICES

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. SERVICE AVAILABILITY & SUPPORT

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. INTELLECTUAL PROPERTY

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. SUSPENSION & TERMINATION

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:

  • fails to pay
  • violates laws or this Agreement
  • jeopardizes platform security
  • engages in fraudulent or illegal activity

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:

  • Customer's access is revoked
  • Outstanding fees become due
  • Customer may request one-time data export within 30 days
  • We may delete Customer Data after the retention period

10. WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED "AS IS", "AS AVAILABLE", WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED.

WE EXPRESSLY DISCLAIM WARRANTIES OF:

  • merchantability
  • fitness for a particular purpose
  • accuracy, reliability, or completeness
  • uninterrupted or error-free operation

Customer uses the Service entirely at their own risk.

11. LIMITATION OF LIABILITY

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.

12. INDEMNIFICATION

Customer agrees to defend, indemnify, and hold harmless BACKTAS GLOBAL LOGISTICS LLC from any claims, damages, losses, liabilities, or expenses arising from:

  • Customer Data
  • Customer's use of the Service
  • violation of laws (transportation, DOT, FMCSA, CRA/IRS, OSHA, employment, privacy)
  • disputes with Customer's drivers or contractors
  • misuse of the Service
  • infringement caused by Customer Data or custom configurations

13. CONFIDENTIALITY

Both parties must protect each other's confidential information. Confidentiality obligations continue after termination.

14. GOVERNING LAW & DISPUTES

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.

15. AMENDMENTS

We may update the Agreement at any time. Continued use of the Service constitutes acceptance of the updated terms.

16. GENERAL TERMS

  • This Agreement is the entire agreement between the parties.
  • If any provision is unenforceable, the remainder remains in effect.
  • Customer may not assign this Agreement without our written consent.
  • Notices will be sent to Customer's registered email address.

For questions regarding this Agreement, please contact us at support@muhtar.us