Terms of Service

These Terms of Service ("Terms") govern your access to and use of the TrashOS platform, website, and related services (collectively, the "Service") provided by TrashOS, Inc. ("TrashOS," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you represent that you are at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.

2. Description of Service

TrashOS is a cloud-based software platform designed for waste management companies. The Service includes, but is not limited to:

• Route optimization and management tools
• Fleet tracking and maintenance management
• Customer relationship management (CRM)
• Billing, invoicing, and payment processing
• Driver mobile applications
• Customer self-service portals
• Reporting and analytics dashboards
• Third-party integrations and API access

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice to affected users.

3. Account Registration

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Notifying us immediately of any unauthorized use of your account.
• Ensuring that all users within your organization comply with these Terms.

You may not share your account credentials with any third party or allow multiple individuals to use a single user account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription and Billing

4.1 Plans and Pricing

The Service is offered under various subscription plans as described on our pricing page. Prices are subject to change with 30 days' written notice. Subscription fees are based on the number of trucks, users, or other metrics as specified in your plan.

4.2 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis, depending on the plan selected. All fees are non-refundable except as expressly stated in these Terms or required by applicable law. Payment is processed through our third-party payment provider (Stripe), and you agree to Stripe's terms of service.

4.3 Free Trials

We may offer free trial periods for certain plans. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial expires. We will notify you before the trial ends.

4.4 Overdue Payments

If payment is not received within 15 days of the due date, we reserve the right to suspend your access to the Service until all outstanding amounts are paid. Accounts with overdue balances exceeding 60 days may be terminated.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any purpose that is illegal or prohibited by these Terms.
• Attempt to gain unauthorized access to any part of the Service, other accounts, computer systems, or networks connected to the Service.
• Use the Service to transmit any viruses, malware, or other harmful code.
• Interfere with or disrupt the integrity or performance of the Service.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service.
• Use automated tools (bots, scrapers, etc.) to access the Service without our prior written consent.
• Resell, sublicense, or redistribute the Service to third parties without our prior written consent.
• Use the Service to store or transmit content that infringes on the intellectual property rights of others.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including all software, designs, text, graphics, logos, icons, and other content, is the exclusive property of TrashOS, Inc. and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any ownership rights in the Service.

6.2 Your Data

You retain all ownership rights to the data you input into the Service ("Your Data"). By using the Service, you grant TrashOS a limited, non-exclusive, worldwide license to use, process, store, and display Your Data solely for the purpose of providing and improving the Service. We will not use Your Data for any purpose other than as described in these Terms and our Privacy Policy.

6.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us an unrestricted, irrevocable, perpetual license to use such feedback for any purpose without compensation or attribution to you.

7. Data and Privacy

Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

We maintain commercially reasonable security measures to protect Your Data, including encryption, access controls, and regular security audits. In the event of a data breach that affects your personal information, we will notify you in accordance with applicable law.

8. Service Level and Availability

We strive to maintain 99.9% uptime for the Service, excluding scheduled maintenance windows. Scheduled maintenance will be communicated at least 48 hours in advance. We are not liable for any downtime caused by factors outside our control, including internet outages, third-party service failures, or force majeure events.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• TRASHOS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
• TRASHOS'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO TRASHOS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless TrashOS, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.

11. Termination

11.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting us at support@trashos.com. Cancellation will take effect at the end of your current billing period. You will continue to have access to the Service until your billing period expires.

11.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if you: (a) violate these Terms; (b) fail to pay subscription fees; (c) engage in fraudulent or illegal activity; or (d) pose a security risk to the Service or other users.

11.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We will make Your Data available for export for 30 days following termination. After this 30-day period, we may delete Your Data from our systems, unless we are required to retain it by law.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@trashos.com and attempt to resolve the dispute informally for at least 30 days.

12.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Austin, Texas. The arbitrator's decision shall be final and binding.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Travis County, Texas.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and sending an email notification to the address associated with your account at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

15. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any applicable order forms, constitute the entire agreement between you and TrashOS regarding the Service.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: Neither party shall be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including natural disasters, pandemics, government actions, or internet outages.

16. Contact Us

If you have any questions about these Terms, please contact us:

• Email: legal@trashos.com
• Mail: TrashOS, Inc., Attn: Legal Department, 100 Innovation Drive, Suite 400, Austin, TX 78701
• Phone: (800) 555-1234