Terms of Service

1. Acceptance

By creating an account, applying a NotifyMe sticker to an asset, submitting a report, or otherwise using the NotifyMe Solutions platform (the "Service"), you agree to these terms. If you are agreeing on behalf of a company, you confirm you have authority to bind that company, and "you" means that company.

If you do not agree, do not use the Service.

2. The Service

NotifyMe Solutions is a reporting and notification platform. In plain terms: we put a QR sticker on your asset, someone scans it and submits a report, and we deliver that report to you. The Service comprises three products — NotifyMeFleet, NotifyMeDriving and NotifyMeBins — available individually or bundled.

3. Accounts and authorized users

You are responsible for the accuracy of the information in your account, for keeping credentials confidential, and for all activity under your account. Notify us promptly at info@notifymesolutions.com if you believe an account has been compromised.

You are responsible for adding and removing authorized users as your staff changes. We cannot know when someone leaves your company.

4. Company PINs

NotifyMeBins uses a company PIN, and optionally site-specific PINs, so that only authorized site contacts can request a service that triggers a truck dispatch.

• You are responsible for distributing PINs only to people you authorize, and for deactivating a PIN when a job site closes or a contact leaves.
• A request submitted with a valid PIN is treated as authorized by you, and any resulting dispatch and charge is your responsibility.
• Three consecutive failed PIN attempts lock the submitting device for 24 hours. All attempts, including failures, are logged in your dashboard.

5. Reports and reporters

Reports are submitted by members of the public and by your own site contacts. We deliver what is submitted, after automated moderation. We do not verify that a report is accurate, and a report is not evidence of a defect, an offence, or driver misconduct. It is a claim by an unidentified person, and you should treat it that way.

How you act on a report — including any decision about a driver, a vehicle, or a job site — is your decision and your responsibility.

Reporter identity is never disclosed to you. You agree not to attempt to identify a reporter, and not to ask us to.

6. Acceptable use

You will not, and will not permit anyone to:

• Submit knowingly false, malicious, harassing, or retaliatory reports;
• Use the Service to surveil, track, harass or intimidate any individual;
• Apply NotifyMe stickers to assets you do not own or operate;
• Attempt to circumvent PIN protection, rate limits, or content moderation;
• Reverse engineer, scrape, or resell the Service without our written agreement;
• Use the Service in a way that breaches applicable law, including privacy, anti-spam and human rights legislation.

We may suspend or terminate access for a breach of this section, with notice where reasonably practicable.

7. Custom redirect destinations

Some customers configure a scannable asset to redirect to a destination of their own instead of the standard NotifyMe report flow. Where you do this:

• The destination is your system. You are solely responsible for its content, availability, security, accessibility and legal compliance, and for any personal information it collects.
• NotifyMe stores the destination URL and routes to it. We do not operate, monitor, endorse or support what is on the other end.
• You will only configure destinations you own or are authorized to use, served over HTTPS.
• We may disable a destination that is unsafe, unlawful, or damaging to the Service or to reporters.

8. Fees, billing and taxes

• Subscription fees for Canadian customers are quoted and billed in Canadian dollars by NotifyMe Inc.
• Fees are billed in advance on the cycle selected at signup and renew automatically until cancelled.
• Applicable GST, HST and provincial sales taxes are added to the amounts quoted.
• Payment is processed by Stripe. You authorize us to charge your payment method for recurring fees.
• You may cancel at any time, effective at the end of the current billing period. Fees already paid are not refunded except where required by law.
• We may change fees on 30 days' written notice, effective at your next renewal.
• Stickers and other physical materials are billed separately and are non-refundable once shipped.

9. Service availability

We aim for high availability but do not guarantee uninterrupted service. Alert delivery depends on third parties we do not control, including mobile carriers, email providers, and the reporter's own device and network. A target of 60 second delivery is a target, not a guarantee, and a reporter who declines location permission will not supply GPS coordinates.

We may perform maintenance, and will give advance notice of planned maintenance where practicable.

10. Your data

You retain ownership of the data you put into the Service. You grant us a licence to host, process, transmit and display it as necessary to operate the Service. On termination, you may export your data for 60 days; after that we may delete it in accordance with the retention schedule in our Privacy Policy.

We may use aggregated and de-identified data — data that cannot identify you, your staff, your customers or any individual — to operate, secure and improve the Service.

11. Intellectual property

The Service, the NotifyMe name and marks, the software, and all associated materials are owned by NotifyMe Inc. or its licensors. These terms grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. Nothing more is granted.

12. Warranties and disclaimers

We will provide the Service with reasonable skill and care. Except as expressly set out in these terms and to the fullest extent permitted by law, the Service is provided "as is" and we disclaim all other conditions, warranties and representations, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the Service will prevent any accident, injury, loss, defect, violation, or claim.

Nothing in these terms limits any right you have under applicable consumer protection legislation that cannot lawfully be limited.

13. Limitation of liability

To the fullest extent permitted by law:

• Neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profit, revenue, data, or business opportunity.
• Our total aggregate liability arising out of or relating to these terms or the Service is limited to the fees you paid to NotifyMe Inc. in the twelve months immediately before the event giving rise to the claim.

These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose. They do not apply to liability that cannot be limited under applicable law.

14. Indemnity

You will indemnify and hold harmless NotifyMe Inc., its directors, officers and employees from any third party claim arising from your use of the Service, your breach of these terms, your configuration of a custom redirect destination, or any action you take or fail to take in response to a report.

15. Term, suspension and termination

These terms apply for as long as you use the Service. Either party may terminate on notice. We may suspend or terminate immediately for non-payment, for a breach of section 6, or where required by law. On termination your right to use the Service ends and outstanding fees become due.

16. Changes to these terms

We may update these terms. Material changes will be notified to account holders by email at least 30 days before they take effect. Continuing to use the Service after that date constitutes acceptance.

17. Governing law and disputes

These terms are governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable in that province, without regard to conflict of laws rules. The parties attorn to the exclusive jurisdiction of the courts of Saskatchewan, subject to any right you may have to bring a claim in your own province under applicable consumer protection legislation.

Before commencing proceedings, the parties will attempt in good faith to resolve the dispute by discussion for 30 days after written notice.

18. General

If any provision is held unenforceable, the remainder continues in force. A failure to enforce a provision is not a waiver of it. You may not assign these terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. These terms, together with the Privacy Policy and any order form, are the entire agreement between the parties on this subject.

19. Contact

NotifyMe Inc.
Saskatchewan, Canada
info@notifymesolutions.com
Privacy matters: privacy@notifymesolutions.com