TERMS AND CONDITIONS

  1. Introduction

    1. Welcome to UDECIDE, an innovative project aimed at streamlining the car transportation process. Our platform, provided by UDECIDE LLC (hereinafter referred to as "UDECIDE", "We", "Us", or "Our"), consists of two dedicated applications: one for clients (vehicle owners) and one for carriers (transport providers). These applications are designed to simplify the process of transporting vehicles by enabling direct contact between clients and carriers, thus eliminating the traditional need for brokers.
    2. Our client application allows users to register, create transportation orders, evaluate carrier bids, track transportation progress, review the carrier's performance, and maintain an order history. It is equipped with user-friendly features such as SMS-based login, ZIP code based order creation, active order management, bid evaluation, and carrier profile viewing. For security purposes, we implement a three-strike system for verification codes and enforce bid restrictions.
    3. Our carrier application enables registered carriers to view available orders, place bids, manage their orders, and receive automatic payments upon order completion. This application offers features like order filters, bid placement and management, geolocation-based order tracking, and a feature to respond to client reviews.
    4. Both applications prioritize user privacy and security with the encryption of personal information and transactions. We also continuously aim to enhance the user experience through regular application updates, active customer support, and by welcoming user feedback for improving the application's functionality and usability.
    5. These Terms and Conditions, along with any other legal notices published on our Platform, as well as any other agreements that you may enter into with us in relation to the Platform, shall constitute the entire Agreement between You and UDECIDE.
    6. By using our applications, You confirm that You accept these Terms and Conditions and that You agree to comply with them. If You do not agree to these Terms and Conditions, You must not use the applications. You are also responsible for ensuring that all persons who access our applications through your internet connection are aware of these Terms and Conditions and comply with them.
    7. Additional terms may apply when you use a specific service (for instance, a service that requires an account registration). You will also be subject to the guidelines, terms, and agreements applicable to that specific service.
    8. We reserve the right to amend these Terms and Conditions periodically. Every time you wish to use our applications, please check these Terms and Conditions to ensure you understand the terms that apply at that time.
    9. Any new features or tools added to the existing applications shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on our Platform. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Platform.
      Please note that this is an exhaustive introduction section specific to the services provided by UDECIDE. Any specific legal requirements in your jurisdiction or sector should still be considered and added to this section, if necessary.

  2. Acceptance of Terms

    1. By accessing, downloading, installing, or using the UDECIDE applications, whether as a vehicle owner or carrier, you confirm your acceptance of these Terms and Conditions. This includes all features and functionalities provided by UDECIDE, such as creating and bidding on transportation orders, receiving and providing vehicle transport services, responding to and initiating change requests, managing and receiving payments, leaving and responding to reviews, tracking orders, among others.
    2. Your acceptance extends to both the client and carrier applications, each designed with a unique set of features to cater to the specific needs of vehicle owners and carriers, respectively. These features aim to streamline the car transportation process and eliminate the need for brokers, as elaborated in Clause 1.
    3. Upon registration, you agree to provide accurate personal information and comply with our three-strike verification system. You also agree to our bid placement and management system, order cancellation policies, and the various order stages from open to closed or cancelled.
    4. You understand and accept that we prioritize your privacy and security, ensuring that all personal information and transactions are securely encrypted. As a user, you agree to our practices of releasing periodic application updates for performance improvement, introducing new features, and bug fixes.
    5. If you disagree with any part of these Terms and Conditions, or do not wish to accept all the features, functionalities, and conditions detailed in this clause and others, your sole and exclusive remedy is to discontinue use of the UDECIDE applications.
    6. We reserve the right to modify these Terms and Conditions periodically. Continued use of the UDECIDE applications following the posting of any changes to these Terms and Conditions constitutes your acceptance of those changes. It is your responsibility to review these Terms and Conditions from time to time for any changes.
    7. By accepting these Terms and Conditions, you also affirm your understanding and acceptance of UDECIDE's comprehensive support system for both clients and carriers, as detailed in Clause 1.

  3. Registration

    1. To fully utilize the UDECIDE applications and gain access to all the features, you will be required to sign up for an account. Depending on whether you are a client or a carrier, the registration process might vary.
    2. For clients, the registration process is initiated via SMS, where you will be asked to provide basic personal information. For carriers, the registration process involves email verification through a code or link and additional requirements such as providing company information and adding trucks for approval.
    3. You undertake to provide UDECIDE with accurate, complete, and updated registration information about yourself. This includes, but is not limited to, your full legal name, contact information, and for carriers, valid company details.
    4. As part of the registration process, you will be asked to select a user name and a password. The user name you choose must not infringe on the rights of any third party, must not be chosen with the intent to impersonate another person, and must comply with all applicable laws and regulations.
    5. You are solely responsible for maintaining the confidentiality of your password and account information. You must notify UDECIDE immediately of any unauthorized use of your account or any other breach of security. UDECIDE will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
    6. UDECIDE reserves the right to refuse registration of, or cancel, a user name in its sole discretion. If we cancel your account, you agree that you will not create another one without our prior written consent.
    7. By completing the registration process, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

  4. User Obligations

    1. As a user of the UDECIDE applications, you have certain obligations towards the proper use and conduct while interacting with the platform.
    2. You agree not to misuse, abuse or carry out any action that may disrupt the normal operation, damage, disable, overburden, or impair the UDECIDE platform or its servers, or interfere with any other party's use and enjoyment of the platform. This includes, but is not limited to, the introduction of viruses, bugs, worms, trojan horses, or any other harmful code that may alter, corrupt, interrupt, destroy, or limit the functionality of the UDECIDE platform or any associated software, hardware, or telecommunications equipment.
    3. As a client or a carrier, you are obligated to interact with other users in a professional, respectful, and law-abiding manner. You must refrain from any forms of harassment, discrimination, hate speech, or any conduct that is threatening, harmful, or otherwise objectionable as determined by UDECIDE at its sole discretion.
    4. Users must not use the UDECIDE platform for any illegal or unauthorized purpose. This includes, but is not limited to, copyright infringement, defamation, invasion of privacy, or violation of any applicable local, state, national, or international law or regulation.
    5. If you are a carrier, you are obligated to provide accurate and truthful information about your company and services. Your trucks must be correctly added and represented, and you must comply with all relevant transport regulations and requirements, including obtaining necessary licenses, permits, and insurance.
    6. As a client, you must provide accurate and truthful information regarding your transportation orders. This includes, but is not limited to, information regarding the vehicle to be transported, pick-up and delivery details, and payment information.
    7. You must respect the intellectual property rights of others when using the UDECIDE platform. You should not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, or other intellectual property or proprietary rights.
    8. You agree to notify UDECIDE immediately upon becoming aware of any unauthorized use of your account or any other breach of security.
    9. UDECIDE reserves the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and platform security issues, to the fullest extent of the law. UDECIDE may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions.
    10. Failure to comply with these user obligations may result in the suspension or termination of your account, at the sole discretion of UDECIDE. UDECIDE also reserves the right to seek any remedies available at law or in equity for any violation of these Terms and Conditions.

  5. Intellectual Property Rights

    1. All components of the UDECIDE platform, including but not limited to all software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information, and all copyrightable or otherwise legally protectable elements of the platform, including, without limitation, the design, layout, look and feel, and arrangement of the platform, and any related concepts, are the property of UDECIDE or are used under the authorization of their respective owners. This includes but is not limited to any copyrights, trademarks, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein.
    2. Your use of the platform does not grant you ownership of any content, code, data, or materials you may access on the platform. You may view the content from the platform for your personal, non-commercial use only, provided you keep all copyright and other proprietary notices intact.
    3. Any use of the platform or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the prior written permission from UDECIDE.
    4. Unauthorized use of the platform or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. Violators will be prosecuted to the fullest extent of the law.
    5. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of the content or any other part of the UDECIDE platform or any derivative works thereof, in whole or in part for commercial or non-commercial purposes without prior written consent from UDECIDE or the rights owner.
    6. The company logo, brand, and any other marks, trade names, graphics, logos, page headers, button icons, scripts, service names, and other identifiers of UDECIDE are the exclusive trademarks or trade dress of the Company, and may not be used in connection with any product or service that is not provided by the Company, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. All other trademarks, product names, and company names or logos mentioned in the platform are the property of their respective owners.
    7. Any feedback, comments, or suggestions you may provide regarding UDECIDE, or the platform, is entirely voluntary and UDECIDE will be free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you.

  6. User-Generated Content

    1. As a user of the UDECIDE platform, you may be permitted to post, upload, publish, submit, or transmit content, including but not limited to reviews, comments, ideas, articles, and images (hereafter referred to as "User Content"). You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the platform.
    2. By making available any User Content on or through the platform, you hereby grant to UDECIDE a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the platform or for promoting and redistributing part or all of the platform in any media formats and through any media channels.
    3. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the platform or you have all rights, licenses, consents, and releases necessary to grant to UDECIDE the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or UDECIDE's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    4. UDECIDE does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
    5. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the platform or you have all rights, licenses, consents and releases that are necessary to grant to UDECIDE the rights in your User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or UDECIDE's use of the User Content (or any portion thereof) on, through or by means of the platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    6. You agree not to post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading, or deceptive; (ii) is defamatory, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (v) promotes illegal or harmful activities or substances.

  7. Privacy and Personal Data Protection

    1. At UDECIDE, we highly value your privacy and the security of your personal data. We have implemented measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, and disclosure.
    2. Any personal information or data that you provide during the registration or use of the platform will be treated with the utmost care and strict confidentiality. We collect, store, and use your personal data in accordance with prevailing data protection laws and our Privacy Policy.
    3. Our Privacy Policy, which is incorporated herein by reference, provides detailed information about our practices in relation to personal data and privacy. This includes how we collect, use, and disclose your personal information, as well as the steps we take to secure your information. We strongly advise you to read and understand our Privacy Policy.
    4. By accepting these Terms and Conditions, you confirm that you have read, understood, and agreed to our Privacy Policy, and you consent to the use of your personal data as outlined therein. If you do not agree with the practices described in our Privacy Policy, you should not use the UDECIDE platform.

  8. Payment and Subscription Terms

    1. Some features of the UDECIDE platform may require you to pay fees. These could be in the form of subscription costs or one-time payments for specific services. The details of such charges, if any, will be disclosed to you before you decide to avail of the particular service.
    2. If you choose to sign up for these fee-based features, you are required to pay all associated fees as described in the order form in connection with these features. The terms of payment will be clearly outlined during the sign-up process for these features.
    3. The billing of these fees may occur on a one-time basis or on a regular schedule, depending on the nature of the feature. The details and frequency of billing will be explained to you at the time of your subscription.
    4. If your payment fails or if you are overdue with your payment, we reserve the right to suspend or terminate your subscription and access to the UDECIDE platform. You will be notified prior to such actions, and given an opportunity to resolve the payment issue.
    5. It is important that you understand and agree to these Payment and Subscription Terms, as your acceptance of these terms is a prerequisite for the use of any fee-based features of the UDECIDE platform.

  9. Disclaimers of Warranties and Limitation of Liability

    1. The UDECIDE platform, along with all its included content, is provided on an "as is" and "as available" basis. This means that the platform is provided without any warranties or conditions, whether explicit or implicit.
    2. The Company disclaims any and all warranties and conditions, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties regarding the reliability, timeliness, quality, suitability, or availability of the UDECIDE platform or any of its services, or that the use of the platform will be secure, timely, uninterrupted or error-free.
    3. The Company shall not be responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from your use of the UDECIDE platform or inability to use the platform.
    4. You agree to use the UDECIDE platform at your own risk. You will be solely responsible for any loss or damage that results from your use of the platform, including any damage to your computer system or loss of data.
    5. It is your responsibility to understand and accept this limitation of liability before using the UDECIDE platform or any of its services.

  10. Indemnification

    As a user of the UDECIDE platform, you hereby agree to indemnify, defend and hold harmless UDECIDE, its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise directly or indirectly from your violation of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you herein.

    This also includes but is not limited to any liability or expense arising from all claims, losses, damages (actual and consequential), lawsuits, judgments, litigation costs, and attorneys' fees, of every kind and nature. This indemnification obligation will survive the termination or expiration of your user account and these Terms and Conditions.

    Furthermore, you agree to indemnify UDECIDE for any damage, loss, or cost including without limitation, reasonable attorneys' fees incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against UDECIDE due to, relating to, or arising out of your access to or use of the platform, your user content, or any intentional or negligent act or omission by you.

    Your use of the platform involves interaction with the vehicle transportation process, other users, and third-party services, and you agree that UDECIDE will not be responsible for any losses or damages, whether indirect, incidental, special, consequential or punitive or other damages arising out of or relating to your conduct or the conduct of any third party.

    Finally, you agree to indemnify UDECIDE from any loss or damage that may arise from your use of the platform, including any data or work transmitted or received by you, any violation of these Terms by you, or any infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

  11. Governing Law and Dispute Resolution

    These Terms and Conditions and your use of the UDECIDE platform shall be governed by and construed in accordance with the laws of the United States of America, without giving effect to any choice of law principles that would require the application of the laws of a different jurisdiction.

    In the event of any dispute, claim, or controversy arising out of or relating to your access to, and use of the UDECIDE platform, these Terms and Conditions, or to any acts occurring as a result of the use of the platform, such dispute shall be exclusively adjudicated in the state or federal courts located within the United States, and you agree to submit to the personal jurisdiction of such courts.

    This includes any dispute you have with other users of the platform, connected to, or arising from your use of the platform or these Terms and Conditions. Disputes may include, without limitation, any claim or dispute related to the enforceability or interpretation of these Terms and Conditions, your access to or use of the platform, any services provided through the platform, any actions taken by other users on the platform, or any of the applications and features offered by UDECIDE.

    You further acknowledge and agree that our rights in the platform are of a special, unique, extraordinary character, giving them a particular value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages. Please note that by agreeing to these terms, you are waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  12. Termination

    UDECIDE reserves the sole and exclusive right, at its discretion, to suspend, disable, or terminate your access to, or use of the UDECIDE platform at any given point in time, immediately and without prior notice. This may occur due to various reasons which include but are not limited to a suspected breach or violation of any provision in these Terms and Conditions, non-payment of applicable fees, if we believe that your actions may cause financial loss or legal liability for you, our users, or us, or if we suspect that you have used the platform for fraudulent or illegal activities.

    Upon suspension or termination, your right to use the platform will cease immediately. You should be aware that UDECIDE may, at its sole discretion, retain and store your data whether you have ceased to use the platform or the platform has been terminated.

    Additionally, UDECIDE is under no obligation to compensate you or provide any refund in the event of any suspension or termination of the platform or your access to it. You acknowledge and agree that UDECIDE will not be liable to you or to any third party for any suspension or termination of your access to the platform or any loss of related information.

    We also reserve the right to modify or discontinue, temporarily or permanently, all or any portion of the platform without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of the platform.

    Please note that termination does not relieve you of your obligations as defined in these Terms and Conditions and UDECIDE may still take necessary legal actions against you as a result of your prior use of the platform and your obligations under your agreement with UDECIDE.

  13. Modifications

    UDECIDE reserves the right to alter, update, or otherwise modify these Terms and Conditions at any given time as it deems necessary. The most current version of the Terms and Conditions will supersede all previous versions and will be available on the UDECIDE's official website. The 'Last Updated' date at the top of the Terms and Conditions will indicate when the latest modifications were made. Your continued use of the UDECIDE platform after a revised version of these Terms and Conditions has been posted signifies your acceptance and agreement to the changes.

    We encourage users to regularly check this page for any changes to stay informed about the rules that govern the use of our platform. If a significant change is made, we may provide reasonable notice by any means we deem appropriate. Please note that it remains your responsibility to review these Terms and Conditions periodically and stay informed about any changes to them. If you do not agree to the revised terms and conditions, your only recourse is to discontinue the use of the UDECIDE platform.

  14. Miscellaneous

    Should any provision of these Terms and Conditions be deemed unenforceable or invalid under any applicable law, such invalidity or unenforceability shall not render these Terms and Conditions unenforceable or invalid as a whole. Instead, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

    In such cases, the remaining provisions of these Terms and Conditions will continue in full force and effect. The failure of UDECIDE to enforce any right or provision in these Terms and Conditions will not constitute a waiver of that right or provision unless acknowledged and agreed to by UDECIDE in writing.

    These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UDECIDE without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

    Please note that these Terms and Conditions govern your use of the UDECIDE cloud platform and constitute the entire agreement between you and UDECIDE with respect to the subject matter hereof, and supersede all previous written or oral agreements between us in relation to such subject matter.

  15. Conclusion

    These Terms and Conditions, together with any additional agreements or policies expressly incorporated by reference herein, constitute the entire agreement between you and UDECIDE regarding the use of the UDECIDE cloud platform.

    By accessing or using the platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the platform.

    Any failure by UDECIDE to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

    You agree that any dispute arising out of or related to these Terms and Conditions or the use of the platform shall be governed by the laws of the United States of America, without regard to its conflict of laws provisions. Any legal action or proceeding arising out of or related to these Terms and Conditions shall be brought exclusively in the federal or state courts located within the jurisdiction of the United States.

    These Terms and Conditions are binding upon and shall ensure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives. You may not assign or transfer these Terms and Conditions, in whole or in part, without the prior written consent of UDECIDE. UDECIDE may freely assign or transfer these Terms and Conditions without restriction.

    Thank you for reading and agreeing to these Terms and Conditions. If you have any questions or concerns, please contact us at [email protected].