TRUCKSPOTTING, INC. TERMS OF SERVICE




  1. HARDWARE PROVISIONS


    1. TruckSpotting, Inc. (“TruckSpotting”) agrees to:

      1. Provide a global positioning system (GPS) that sends real-time data to a publicly-accessible application programming interface (API), along with all necessary installation devices (“Hardware”) to _________________________, (“TRUCK”).

      2. Upload the location data to the TruckSpotting.com website, Phone application, and Android application in real-time.

      3. Provide software to facilitate menu and schedule update services (“Software”) to TRUCK.

      4. Provide appropriate installation and training services to TRUCK with respect to both the Hardware and Software.

      5. Repair within 72 hours any technical issues with respect to either Hardware or Software not caused by TRUCK.

    2. Truck Agrees to:

      1. Turn on the GPS unit when the truck is in operation and serving customers.

      2. Provide schedule and menu updates to TruckSpotting any time those change.

      3. Notify TruckSpotting within 7 days of any structural or operational changes that foreseeably affect the reliability or performance of provided Hardware.


  1. PAYMENT

    1. TRUCK agrees to pay a monthly fee of $25.00 to TruckSpotting in exchange for services that include:

      1. providing a real-time GPS tracking device; and

      2. publicly displaying TRUCK’s information on an iPhone, Android, and web application in real time.

    2. TRUCK agrees to pay an additional monthly fee of $25.00 to TruckSpotting in exchange for services that include:

      1. integrating real-time GPS data via i-frame into TRUCK’s existing website; and

      2. providing real-time maintenance for this integrated i-frame arrangement.

    1. TRUCK should send each monthly payment within fourteen (14) business days of the completion of each previous monthly billing period to:

TruckSpotting

550 N Saint Clair St, #1408

Chicago, IL 60611


OR


Paypal: service@truckspotting.com


  1. ADVERTISING PROVISIONS


    1. TRUCK agrees to provide advertising to TruckSpotting, Inc. in the following mediums:

      1. TRUCK will place a magnetic banner, sticker, or poster on the side of their vehicle of reasonable size which will include a QR code and an endorsement of the TruckSpotting application suite.

      2. TRUCK will place a link on their personal website to the TruckSpotting, Inc website to allow users to track their location in real time.


  1. FINANCIAL DISCLOSURES


    1. TRUCK agrees to provide financial data to TruckSpotting, Inc. matter:

      1. TRUCK will provide TruckSpotting, Inc. with reasonable estimates of the average sales of each day at the end of each month through a process established in Software.

      2. TRUCK agrees that any agreement it reaches to share data or information to TruckSpotting will automatically transfer to new ownership of TruckSpotting in the case of an acquisition or other ownership transfer of TruckSpotting.

    2. TruckSpotting agrees to:

      1. Not disclose without written approval of TRUCK any of the financial data provided by TRUCK.

      2. Not sell TRUCK location data to third parties.


  1. TERMINATION AND CONTINGENCIES


    1. TruckSpotting agrees to:

      1. Replace any Hardware that is lost not due to negligence, oversight, or misuse by TRUCK while this agreement is enforced.

      2. TruckSpotting maintains the option to make modifications to this agreement and business relationship at any time. For any material changes to the agreement, TruckSpotting agrees to provide notice to the TRUCK seven days before the change is to go into effect. If the TRUCK objects to a material change, TruckSpotting may terminate the agreement unless it reaches an alternative agreement with the TRUCK that obtains TruckSpotting's approval. If the TRUCK does not object to a material change following notice, that change will be incorporated into this agreement and will become effective as a governing term of the business relationship.

    2. TRUCK agrees to:

      1. Notify TruckSpotting of a cancellation of service seven (7) days prior to discontinuing use of the Hardware or Software.

      2. Return all equipment provided by this agreement to TruckSpotting within 72 hours of termination.

      3. Reimburse TruckSpotting for any damages to the Hardware that are not sustained through normal operating means.

      4. Refrain for one year from using a permanently installed functioning GPS device which sends real-time data to any service that has a publicly-accessible API, unless it is provided by TruckSpotting.

    3. Termination clause:

      1. Both parties have the option to terminate the agreement for any reason. The existing notice provision applies to the truck if they decide to terminate. If you decide to terminate, you also agreement to notice the truck of a cancellation 7 days prior to discontinuing their use of the hardware/software. At the end of that seven days, they agree to return all equipment and to carry out any other measures reasonable necessary to terminate the agreement.

    4. Liability clause:

      1. TRUCK agrees to indemnify TruckSpotting and its directors, officers, and personnel from any liability resulting from TRUCK's use of the TruckSpotting hardware, software, or services. TRUCK agrees to defend TruckSpotting against any such liability as part of this indemnification provision and to cover fees, including reasonable attorney's fees, paid out by TruckSpotting as part of this defense.



  1. DISPLAY OF INFORMATION

    1. TRUCK agrees that any display it provides that uses or relies on TruckSpotting data or technology will include an identifying label of TruckSpotting’s choice and of a reasonable size that credits TruckSpotting as a source of information.


  1. ENFORCEMENT OF CONTRACT

    1. If one part of this agreement is struck down or deemed unenforceable, the other provisions of this agreement should remain in effect.

    2. Both parties agree to partake in predetermined arbitration, as to be agreed upon by both parties, before pursuing any legal action with respect to the provisions outlined in this agreement.



TRUCK Owner: TruckSpotting Representative:

_______________________ _____________________________


Pleaser Print:



_______________________ ______________________________