11-01-2022

Granot Terms of Service

Service Provider

The business relationship is by and between GRANOT INC / GRANOT-TECH INC (GRANOT / WE / US) and Your Company (CUSTOMER / COMPANY / YOU / YOUR). GRANOT is organized under the laws of the State of Florida, USA, and operating under the laws of the USA. 4045 Sheridan Ave Miami Beach, FL 33140

Sites, Hosting and Domains

GRANOT associated with the following domains (DOMAIN / WEBSITE): granot.com, hellomoving.com, ranusha.com GRANOT Hosting set up Various Cloud Providers

Doing Business

GRANOT’s nature of doing business is Business-to-Business (B2B). GRANOT does not engage with private individuals, consumers, or personal end users (CONSUMER).

Description of Service - Moving Software

GRANOT is a Software-As-A-Service / Web-Based Application provider (SOFTWARE); operating in the field of cloud computing and information technology management (SERVICE); for the moving and transportation industries, mainly for companies such as; Moving and Storage, Moving Brokers, Independent Truck Operators, Auto Transportation, Van Line etc.

Account Registration and Administration

When YOU register to the SERVICE for the first time, an account (ACCOUNT) is opened for you. The first user of the ACCOUNT is automatically assigned as the ACCOUNT main user (MAIN USER) and positioned as an administrator (ADMIN). ADMIN has full privileges in SOFTWARE to perform; create, read, update and delete data, records and files; grant and/or remove permissions to other users, configure sensitive parameters such as pricing, salary, credentials and personal information. MAIN USER has full privileges in ACCOUNT to perform; purchase, upgrade or downgrade, and to de-level ADMIN users.

Account Security & House Rules.

YOU agree that YOU are entirely responsible for:

maintaining the confidentiality of YOUR credentials (username, password, and login key)
all activities that occur under YOUR account
notifying GRANOT immediately of any unauthorized use of YOUR ACCOUNT
having an up to date active and valid license and insurance, where applies
to abide by the various copyright, patent, trademark and service mark laws of the United States, for any company department, division, branch, dba (doing business as), fictitious name, whether under your ownership or not
to operate with a proper license and/or authorization

GRANOT shall NOT be responsible for any loss that YOU may incur as a result of someone else using YOUR credentials. GRANOT specifically disclaims liability for any activity in Your account, whether authorized by You or not. GRANOT reserves the right to ask for a proof of license for validation and accuracy GRANOT reserves the right to decline your request for service in case the terms above do not apply

Company Data

As part of YOUR ACCOUNT activity, any information (DATA); entered by YOU, processed by the SOFTWARE, posted to YOU, purchased by YOU, or uploaded as a file; is solely belongs to YOU and for YOUR exclusive use. YOU own YOUR DATA. YOUR DATA is YOUR property.

Confidentiality of Information

GRANOT shall not give any information about YOU or YOUR ACCOUNT to others without YOUR permission.

Third Party Services

The SOFTWARE enables YOU to engage and procure certain third party services (3RD PARTY), products, apps and tools in connection with the SOFTWARE, including, without limitation, third party applications and widgets offered via our integrations offering or which you decide to connect through our API, as part of the Service. YOU acknowledge and agree that regardless of the manner in which such 3RD PARTY may be offered to you, WE merely act as an intermediary platform between YOU and such 3RD PARTY, and we do not, in any way, endorse any such 3RD PARTY, or shall be in any way responsible or liable with respect to any such 3RD PARTY. YOUR relationship with such 3RD PARTY and any terms governing YOUR payment for, and use of, such 3RD PARTY, including without limitation, the collection, processing and use of YOUR DATA by such 3RD PARTY, are subject to a separate contractual arrangement between YOU and the provider of a 3RD PARTY. We are not a party to, or responsible, in any manner, for the compliance by you or by the provider of the 3RD PARTY with the 3RD PARTY Agreement. Through the SOFTWARE YOU and any other Authorized User within the ACCOUNT, may enable an integration of your ACCOUNT, including, gateway and boards within YOUR ACCOUNT , with 3RD PARTY, which will allow an exchange, transmission, modification or removal of data between GRANOT and the 3RD PARTY, including without limitation, the COMPANY DATA, the scope of which is determined by the applicable actions set by such integration. YOU hereby acknowledge that any access, collection, transmission, processing, storage or any other use of DATA, including the COMPANY DATA, by a 3RD PARTY, is governed by the 3RD PARTY Agreement, including any applicable privacy policy, and GRANOT is not responsible for any access, collection, transmission, processing, storage or any other use of DATA, including the COMPANY DATA, by the 3RD PARTY or for such 3RD PARTY privacy and security actions, inactions or general practices.

3RD PARTY Limitations of Liability

GRANOT BEARS NO RESPONSIBILITY AND/OR LIABILITY FOR ANY LINKS OR THIRD PARTY SERVICES, INCLUDING WITHOUT LIMITATION, SUCH THIRD PARTY SERVICE’S OPERABILITY OR INTEROPERABILITY WITH OUR SERVICE, SECURITY, ACCURACY, RELIABILITY, DATA PROTECTION AND PROCESSING PRACTICES AND THE QUALITY OF ITS OFFERINGS, AS WELL AS ANY ACTS OR OMISSIONS BY THIRD PARTIES. BY ACCESSING AND/OR USING THE THIRD PARTY SERVICES, YOU ACKNOWLEDGE THAT YOUR ACCESS AND USE OF THE THIRD PARTY SERVICES ARE AT YOUR SOLE DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING SUCH THIRD PARTY SERVICE’S OPERATION AND PRACTICES AND ITS RESPECTIVE THIRD PARTY AGREEMENT, MEET YOUR NEEDS.

Subscription Term

The SOFTWARE is provided on a subscription basis (SUBSCRIPTION) for the term specified in YOUR Order Form, in accordance with the respective SUBSCRIPTION plan purchased under such Order Form (PLAN).

Subscription Fees

In consideration for the provision of the SOFTWARE COMPANY shall pay GRANOT the applicable fees per the purchased SUBSCRIPTION, as set forth the PLAN. SUBSCRIPTION Fees are stated in US dollars. COMPANY hereby authorizes GRANOT, either directly or through our payment processing service to charge such SUBSCRIPTION via COMPANY selected payment method, upon due date. Unless expressly set forth herein, the SUBSCRIPTION Fees are non-cancelable and non-refundable. GRANOT reserves the right to change the SUBSCRIPTION Fees at any time, upon notice to COMPANY if such changes may affect COMPANY’s existing SUBSCRIPTION upon renewal. In the event of failure to collect the Fees owed.

Billing and Payments

As part of registering, or submitting billing information, to the SOFTWARE , COMPANY agrees to provide GRANOT with updated, accurate and complete billing information, and COMPANY authorizes GRANOT to charge, request and collect payment from COMPANY’s payment method or designated banking account (ACH), and to make any inquiries that GRANOT may consider necessary to validate COMPANY’s designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from COMPANY’s credit card company or banking account.

Subscription Auto-Renewal

In order to ensure that COMPANY will not experience any interruption or loss of SERVICE, COMPANY’s SUBSCRIPTION includes an automatic renewal (AUTO PAYMENT) option by default, according to which, unless COMPANY disables the AUTO PAYMENT option or cancels its SUBSCRIPTION prior to its expiration, the SUBSCRIPTION will automatically renew upon the end of the then applicable SUBSCRIPTION. Term.

Non-Refundable Services

Certain SERVICE (i.e. Lead Market) may be non-refundable. In such an event we will identify such Services as non-refundable, and Customer shall not be entitled, and we shall not be under any obligation, to terminate the SERVICE and give a Refund.

Chargeback

If, at any time, we record a decline, chargeback or other rejection of a charge of any due and payable SUBSCRIPTION Fees on YOUR ACCOUNT, this will be considered as a breach of COMPANY’s payment obligations hereunder, and COMPANY’s use of the SERVICE may be disabled or terminated and such use of the SERVICE will not resume until COMPANY re-subscribes for any such SERVICE and pay any applicable SUBSCRIPTION Fees in full, including any fees and expenses incurred by GRANOT and/or any 3RD PARTY for each Chargeback received (including handling and processing charges and fees incurred by the payment processor), without derogating from any other remedy that may be applicable to us under these Terms or applicable law.

Excessive Usage

GRANOT shall have the right, including without limitation where GRANOT, at its sole discretion, believe that COMPANY and/or any of its Users, have misused the SERVICE or otherwise use the SERVICE in an excessive manner compared to the anticipated standard use (at GRANOT sole discretion), to offer the SUBSCRIPTION in different pricing and/or impose additional restrictions as for the upload, storage, download and use of the SERVICE, including, without limitation, restrictions on 3RD PARTY, network traffic and bandwidth, size and/or length of content, quality and/or format of content, sources of content, volume of download time, etc. No Unlawful Conduct or Improper Use

No Unlawful Conduct or Improper Use

As a condition of Your use of GRANOT’s SERVICE, YOU agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and YOU agree to comply with any applicable local, state, federal and international laws, government rules or requirements. Granot Inc reserves the right at all times to disclose any information Granot Inc deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Granot Inc 's sole discretion. If You have purchased Services, Granot Inc has no obligation to monitor Your use of the Services

Termination of Service

Either YOUR COMPANY or GRANOT may terminate the SERVICE and these Terms, upon written notice, in case that (a) the other party is in material breach of these Terms and to the extent, curable, fails to cure such breach, within a reasonable cure period, which shall not be less than 10 days following a written notice from the non-breaching party; or (b) ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 45 days. COMPANY may terminate its SUBSCRIPTION to the SERVICE by canceling the SERVICE, whereby such termination shall not derogate from COMPANY’s obligation to pay applicable SUBSCRIPTION Fees except where such termination is made within the Refund Period.

Suspension

Without derogating from our termination rights above, WE may decide to temporarily suspend the ACCOUNT and/or a User Profile (including any access thereto) and/or SERVICE, in the following events: (i) WE believe, at our sole discretion, that YOU or any 3RD PARTY, are using the SERVICE in a manner that may impose a security risk, may cause harm to GRANOT or any 3RD PARTY, and/or may raise any liability for GRANOT or any 3RD PARTY; (ii) WE believe, at our sole discretion, that YOU or any 3RD PARTY, are using the SERVICE in breach of these Terms or applicable law; (iii) COMPANY’s payment obligations, in accordance with these Terms, are or are likely to become, overdue; or (iv) COMPANY’s or any of its Users’ breach of the Acceptable Use Policy. The aforementioned suspension rights are in addition to any remedies that may be available to GRANOT in accordance with these Terms and/or applicable law. GRANOT may also cancel YOUR use of the SERVICE, if YOU are using the SERVICE in association with spam or morally objectionable activities. Morally objectionable activities will include: activities designed to insult, embarrass, harm, abuse, threaten. Activities prohibited by the laws of the USA or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm minors in any way.

Compelled Disclosure

Notwithstanding the above, Confidential Information may be disclosed pursuant to the order or requirement of a court, administrative agency or other governmental body; provided, however, that to the extent legally permissible, the Receiving Party shall make best efforts to provide prompt written notice of such court order or requirement to the Disclosing Party to enable the Disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure.

Leads API Gateway

The SERVICE enables API Gateway (GATEWAY) for receiving leads (LEAD) information from 3RD PARTY Provider (PROVIDER) directly to your ACCOUNT. GRANOT serves as a conduit for transferring data between YOU and the PROVIDER and is not responsible for the quality and costs of the DATA and for failures in sending and/or receiving the transmissions. GRANOT prompts the COMPANY to establish a secondary channel of receiving information for backup and comparative control.

Leads Marketplace

The SERVICE provides Leads Marketplace (MARKET) for purchasing Leads from PROVIDERS. The cost of the LEAD is determined by the PROVIDER. YOU may purchase manually and/or automatically by creating purchasing rules. YOU may Top Up funds designated for MARKET activity and each purchase deducts the cost amount. The PROVIDER information and leads’ pricing are displayed on the MARKET screens. Top Up charges are made for GRANOT and the payments are forwarded to the PROVIDERS. For the avoidance of doubt, GRANOT is not a PROVIDER and does not collect or generate information for sales. Any transfer or sale of DATA is in the name of the PROVIDER whose details appear next to the information.

Google API Services - Essence of Connectivity

Optional SERVICE gives the CUSTOMER ability to connect its users to Google API Services (GOOGLE API) per User’s personal google account (GMAIL) and/or business google account (WORKSPACE). GRANOT keeps these credentials confidential. The main purpose of connecting to GOOGLE API is to improve and ensure access to some of the DATA YOU choose to replicate from the SERVICE to GOOGLE API. For example, backuping data and files, accessing calendar events (EVENT) in places where internet access is limited, creating advanced reports in google sheets. The request to access the user data is based on the user's choice and understanding of what information will be copied to the GOOGLE API and how the SERVICE changes and removes the same information it sent from the GOOGLE API.

https://developers.google.com/terms/api-services-user-data-policy
https://support.google.com/cloud/answer/9110914?hl=en#restricted-scopes

Google API Services - Limited Access

The SERVICE creates a storage environment (FOLDER) for data information and files in the Google User Account and performs adding, updating, reading and deleting operations for those data files and calendar events (CALENDAR) created by the SERVICE. The SERVICE does not access, collect, download, alter, share, nor display the Google Users data (information, files, events, etc.) which is not related to or created by the SERVICE.

Gmail - Sending emails on YOUR behalf. Contacting YOUR CONSUMER by emailing from the USER Gmail Account.
Google Drive - Creating a main folder in root directory (Granot) and subfolders within Granot main folder (i.e. Backup, Reports) for uploading YOUR documents and files for backup and storage linkage (i.e. contracts, images, recipes, and estimates). In addition, exporting reports and information grids to spreadsheets.
Google Calendar - Creating Calendars upon the user selection; Granot Schedule, Granot Timesheet, Granot Operation, Granot Mission. The SERVICE primarily presents EVENT (i.e. Pickups, In-Person Visits, Timesheet Rosters) within its calendars’ (SOFTWARE component), and may additionally display the same EVENT in Google Calendar for backup and quick access to information from the USER’s mobile without the need to login to the SERVICE

API Services - OAuth 2.0 Scopes

Optional GOOGLE API connectivity are for ;Google Calendar, Google Drive, Google Spreadsheet, and Gmail; using the following Scopes:

https://www.googleapis.com/auth/userinfo.email - non-sensitive - See your primary Google Account email address.
https://www.googleapis.com/auth/calendar - Sensitive - See, edit, share, and permanently delete all the calendars you can access using Google Calendar.
https://www.googleapis.com/auth/drive - Sensitive - See, edit, create, and delete all of your Google Drive files.
https://www.googleapis.com/auth/spreadsheets - Sensitive - See, edit, create, and delete all your Google Sheets spreadsheets.
https://www.googleapis.com/auth/gmail.send - Sensitive - Send email on your behalf.

Transformed the Payment Processing

The SERVICE enables the COMPANY to set up its Merchant Account Parameters (3RD PARTY Financial Institution / MERCHANT) for processing payments from their CONSUMER. The SERVICE transmits payment transactions to the MERCHANT GATEWAY indicating success/failure within the ACCOUNT. GRANOT is not involved nor responsible for the essence of the payment transactions in any manner.

PCI Compliance (Payment Card Industry Data Security Standard)

The GRANOT WEBSITE and SOFTWARE are certified for successfully validating its compliance with the requirements of the PCI DSS Version 3.2.1 SAQ Type D. The validation status is based on the self-assessment verified by Sysnet Global Solutions - (vikingcloud.com)

Jobs Board (Linehaul Transportation, HHG shipments, Cargo shipping, and etc)

The COMPANY may publish on the WEBSITE selective Jobs for finding cooperation in the field of transportation. The publication on the WEBSITE is done according to the choice of the COMPANY and its details are displayed next to the Jobs. GRANOT has no part and nothing to do with the published Jobs and the contracts and coordination are made between the COMPANIES without the intervention of GRANOT. The advertising is a SERVICE component within the SOFTWARE.

GRANOT Collecting Data

As part of your ACCOUNT activity, GRANOT collects, monitors, tracks, stores and analyzes technological information such as; cookies, ip addresses, browsers, service requests (clicks), traffic volume (bandwidth), file size, and errors for improving the SOFTWARE and securing the ACCOUNT and the DATA. GRANOT also collects Public Information (i.e. from the Department of Transportation (DOT) and States’ Division of Corporations) and Commercial Information (i.e. from Dun & Bradstreet and Google Place) in connection with YOUR ACCOUNT for authentication, reasonable legitimacy of operation, indexing and publishing this information in a suitable manner.

Intellectual Property Rights

The SOFTWARE and DOMAIN, inclusive of materials, such as SOFTWARE, application programming interface, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and service marks (excluding YOUR DATA), any and all related or underlying technology and any modifications, enhancements or derivative works of the foregoing , are the property of GRANOT and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. As between YOU and GRANOT, GRANOT retains all rights, titles and interest, including all intellectual property rights, in GRANOT Materials.

Trademarks

GRANOT makes the maximum efforts to preserve copyrights and legal use of licenses and trademarks of third parties. Configuration in relation to legal rights requires the COMPANY to declare that they are allowed to use the same names, licenses, texts and documents.

Backup

GRANOT SERVICE provides active ACCOUNT access to download a backup file including company database in a Microsoft Excel format at any given time. YOU are obligated to download YOUR database at least once a day to any computer available to YOU. GRANOT reserves the right to transfer COMPANY DATA, for active ACCOUNTS, to a history directory. DATA in this directory can be searched and retrieved up to one year or more based on availability. GRANOT reserves the right to remove any non-retrieved DATA in the history directory for active accounts after one year. GRANOT is not responsible to retain, hold, host or backup databases for a period up to six months for a COMPANY whose SERVICE was terminated voluntarily or due to failure to make the agreed SERVICE payments. GRANOT reserves the right to remove said database upon SERVICE termination. If YOUR COMPANY wishes it may pay a fee to retain the database for a longer period of time.

Force Majeure

Neither us nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, interruption or failure of the Internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, acts of God, (hurricanes, earthquakes) war, terrorism, and governmental action. GRANOT will make every effort to keep its WEBSITE, SOFTWARE and SERVICE operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. Events such as: lightning strikes, earthquakes, hurricanes,3rd party accidents, cyberattacks, that are beyond human power to cause, prevent, or control, you agree not to hold GRANOT liable for any of the consequences of such interruptions.

Modifications

YOU agree to be bound by any changes GRANOT may reasonably make to this Agreement when such changes are made. If YOU have purchased/leased SOFTWARE or SERVICE from GRANOT, the term of this Agreement shall continue in full force and effect as long as YOU are using any of the SOFTWARE or SERVICES.

Limitation of Liability

IN NO EVENT SHALL GRANOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, ATTEMPT AT CORRECTING DAMAGES. GRANOT SHALL NOT BE LIABLE FOR LOSS OF PROFIT, LOST OF DATA, COSTS, FAILURE OF SECURITY MEASURES AND PROTECTIONS, OR ANY BREACH OF THIS AGREEMENT OR ITS’ INCORPORATED AGREEMENTS AND POLICIES. GRANOT SHALL NOT BE LIABLE FOR YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHER INFORMATION, EVEN IF GRANOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN NO CIRCUMSTANCE SHALL GRANOT’s MAXIMUM COLLECTIVE LIABILITY EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU (IF ANY) DURING THE THREE (3) CONSECUTIVE MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.

I HEREBY ACCEPT AND AGREE TO COMPLY WITH THE ABOVE TERMS AND CONDITIONS.