Website Terms

1. Acceptance and eligibility

By accessing or using this website, you agree to these Website Terms and the Privacy Policy. If you do not agree, do not use the website. The website is intended for adults and business users. By submitting an inquiry on behalf of a company or other organization, you represent that you are at least 18 years old and authorized to provide the submitted information.

2. About the website

PinCloud Insights LLC provides general information about asset visibility, tracker lifecycle practices, and potential services for logistics fleets and distributed assets. We may change, suspend, or discontinue website content or functionality at any time.

3. Informational content; no professional advice

Website content is general information and is not legal, accounting, financial, investment, insurance, cybersecurity, engineering, safety, regulatory, or other licensed professional advice. Do not rely on the website as a substitute for advice from qualified professionals familiar with your facts, assets, contracts, technology, and operating environment.

4. Asset Visibility Audit limitation

An Asset Visibility Audit is described as an operational assessment of tracker coverage, assignments, devices, vendors, maintenance, reporting, processes, and visibility risk. It is not an audit or assurance engagement under accounting, financial, legal, regulatory, cybersecurity, safety, insurance, or other professional standards, and it does not certify compliance or eliminate operational risk.

5. No service engagement or offer

Website content, a contact-form submission, an email exchange, or an introductory conversation does not create a customer, consulting, fiduciary, confidential, professional, partnership, agency, employment, or joint-venture relationship. PinCloud has no duty to accept or respond to an inquiry. Any service engagement, scope, deliverable, fee, schedule, warranty, service level, confidentiality obligation, or other commitment must be stated in a separate written agreement signed by authorized representatives. If a signed agreement conflicts with these Website Terms regarding a service engagement, the signed agreement controls.

6. Technology, network, and data limitations

Asset-visibility results depend on factors outside a website description, including device selection, network availability, configuration, power, batteries, mounting, enclosures, scanner or gateway density, signal conditions, satellite visibility, cellular coverage, integrations, platform behavior, data quality, maintenance, operating environment, and field processes. No website statement guarantees continuous, exact, real-time, global, or always-on location; a particular detection or update frequency; recovery of an asset; coverage; uptime; accuracy; data freshness; interoperability; battery life; savings; loss prevention; or fitness for a specific deployment.

7. Third-party products, networks, names, and links

The website may discuss or link to third-party devices, networks, platforms, standards, or technical sources. Third parties control their products, services, documentation, availability, terms, privacy practices, security, and performance. References are for factual or educational context and do not state or imply ownership, certification, exclusivity, endorsement, agency, or another formal relationship unless PinCloud expressly states an authorized relationship. Third-party names and marks belong to their respective owners.

8. Information submitted by users

You are responsible for the accuracy and lawfulness of information you submit and for having authority to submit it. Do not submit information that infringes another person's rights or contains malware, unlawful material, passwords, payment-card or bank information, government identification numbers, health information, confidential access credentials, export-controlled data, or information subject to a confidentiality duty you are not authorized to disclose. Unless PinCloud has signed a separate confidentiality agreement, a website inquiry does not create a confidentiality obligation. PinCloud may use submitted information as described in the Privacy Policy to evaluate and respond to the inquiry.

9. Intellectual property and permitted use

The website, PinCloud logos and brand elements, original copy, graphics, layout, and other original materials are owned by PinCloud Insights LLC or used with permission and are protected by applicable intellectual-property laws. Subject to these Terms, PinCloud grants you a limited, revocable, nonexclusive, nontransferable license to view and print website content for lawful internal informational use. You may link to a public page in a fair and nonmisleading manner. You may not copy, republish, sell, license, alter, remove ownership notices from, create misleading derivative works from, or commercially exploit website materials without written permission, except as allowed by law.

10. Acceptable use

You may not:

• violate law or another person's rights;
• impersonate another person or misrepresent authority or affiliation;
• submit malicious code or harmful content;
• probe, scan, bypass, or interfere with website security;
• disrupt or overload the website or contact form;
• use automated means to scrape personal information or content at an unreasonable rate;
• attempt unauthorized access to systems or data; or
• use the website in a fraudulent, abusive, or misleading manner.

PinCloud may restrict access or preserve and disclose information where reasonably necessary to investigate misuse, protect the website, or comply with law.

11. Privacy

The Privacy Policy explains how information associated with the website and contact workflow is handled and is incorporated into these Website Terms.

12. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." PINCLOUD DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES RELATING TO THE WEBSITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND SECURITY. PINCLOUD DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, CURRENT, OR FREE OF HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PINCLOUD INSIGHTS LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR ASSET LOSS OR RECOVERY COSTS, ARISING FROM OR RELATING TO THE WEBSITE OR RELIANCE ON WEBSITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY. PINCLOUD'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING SOLELY FROM ACCESS TO OR USE OF THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID PINCLOUD SPECIFICALLY TO ACCESS THE WEBSITE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THIS LIMIT DOES NOT EXCLUDE LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, AND IT DOES NOT ALTER LIABILITY EXPRESSLY ACCEPTED IN A SEPARATE SIGNED AGREEMENT.

14. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless PinCloud Insights LLC and its owners, officers, employees, contractors, and agents from third-party claims, liabilities, damages, judgments, losses, and reasonable costs arising from your unlawful use of the website, your material violation of these Terms, or information you submit that infringes another person's rights. This obligation does not require indemnification for PinCloud's own gross negligence or willful misconduct. PinCloud may control the defense of a covered claim, and you agree to provide reasonable cooperation.

15. Governing law and venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Subject to any applicable law that requires otherwise, the exclusive forum for a dispute arising solely from the website or these Terms will be a state court located in Orange County, Florida, or the federal court serving Orange County, Florida, and each party consents to personal jurisdiction and venue there. A separate signed service agreement may contain different dispute terms and will control for that engagement.

16. Severability, waiver, and assignment

If a provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. You may not assign rights or obligations under these Terms without PinCloud's written consent. PinCloud may assign these Terms in connection with a reorganization, financing, merger, sale, or transfer of the business or relevant assets.

17. Changes

PinCloud may update these Terms by posting a revised version and changing the effective date. Changes apply prospectively from the posted effective date. Continued use after that date constitutes acceptance of the revised Terms.

18. Contact

Questions about these Website Terms may be sent to sales@pincloudinsights.com.