Third Party Terms, Conditions and Notices

Welcome to project 44, Inc.’s (“p44”) third party terms page.  When you access p44’s products and/or services (“p44 Products”), you may obtain access to certain information, data, APIs, products, services, components or materials provided by p44’s third party suppliers and licensors (collectively, “Third Party Materials”).  Your access to and use of any Third Party Materials is subject to the terms and conditions set forth on this page (collectively, the “Third Party Terms”).  If you have entered into a separate agreement with p44 that references these Third Party Terms (a “p44 Agreement”), these Third Party Terms shall be incorporated into that separate p44 Agreement in accordance with the terms and conditions thereof.

 

Customer Terms of Use for Load Tracking Services

p44 (also referred to as “We”, “Us”, “Our”, or “project44” within this section of this Third Party Terms page) uses the Location Information of End User mobile devices provided by wireless Service Providers in the products, applications and/or services (“Our Service/Application”) that We make available to you and/or your Authorized Users (referred collectively to as “You” or “Your” herein).  Proper use and protection of Location Information is important.  As such, You are subject to the following terms when You use Our Service/Application:

ALL SERVICE PROVIDER DATA IS PROVIDED ON AN AS-IS, WHERE-IS BASIS, WITHOUT WARRANTY, GUARANTEE OR LIABILITY.

1.  Use of Wireless Location Information
Wireless Service Providers may provide location information consisting of the approximate latitude and longitude coordinates of End User devices operating on their network(s) (“Location Information”) via Our Service/Application for utilization by You as authorized in this Agreement. All use of Location Information shall comply with the terms hereof. Additionally, use of any services from wireless Service Providers other than Our Service/Application provided hereunder is subject to the specific terms of use and applicable rates and fees (if any, if available) for such other services.

2.  Use of Wireless Service Providers’ Names; Publicity
2.1  You shall not publicly use wireless Service Provider’s name, trademarks, trade names, service marks or logos without prior written permission of the applicable wireless Service Provider.
2.2  You shall not publicize the relationship with wireless Service Providers without the permission of the applicable wireless Service Provider including, without limitation, that Our Service/Application is compatible with the wireless Service Provider’s network or devices.
2.3  Our Service/Application supports wireless location for subscribers of AT&T, Boost, Metro PCS, Sprint, T-Mobile, US Cellular, Verizon and Virgin Mobile and text messaging for subscribers of those Service Providers plus most Tier 2 and 3 US wireless Service Providers.

3.  Compliance with Law, Policies, Industry Practices and Guidelines
3.1  You understand and agree that You and affiliated third parties may be subject to additional unanticipated obligations and legal requirements as a result of use of location aware applications or services. You will only access, use, copy, store and disclose Location Information as long as End User notice, consent and all other requirements have been satisfied and maintained. You will at all times comply with applicable laws, rules and regulations, industry practices, third-party guidelines and other relevant policies and requirements, including: (i) all applicable consumer protection, marketing, data security, export and privacy laws; (ii) Federal Trade Commission privacy initiatives; and (iii) the CTIA Best Practices and Guidelines for Location-Based Services. You will not allow Location Information of an End User to be accessed from outside the country in which the End User is subscribed for wireless service without the prior written consent of the End User’s wireless Service Provider.
3.2  You will comply with the following as amended from time to time, as applicable: all applicable privacy, consumer protection, marketing and data security laws and government guidelines.

4.  Consent and Privacy Settings
You agree not to access, use, copy, store or disclose any Location Information until the appropriate consent has been obtained and You will maintain a clear, comprehensive and easily accessible privacy policy.

5.  Revocation of Consent
If End User consent is denied or withdrawn, You may not collect, transmit, maintain, process or utilize Location Information or perform any other actions for which End User consent has been denied or withdrawn.

6.  Use and Storage of Location Information
You may only use Location Information for the sole purpose of using Our Service/Application as intended by End Users. Location Information shall not be accessed, used, copied, stored or disclosed for any other purpose without the explicit prior consent of End Users. You must delete Location Information immediately when it is no longer needed or upon request of End Users and/or provide a readily available means for End Users to delete stored Location Information. You shall not: (a) collect or store any information delivered via Our Service/Application, other than temporary caching on Your servers or End User devices, for purposes other than to determine the location of an End User device; (b) use automated scripts to access Our Service; or (c) otherwise mine or attempt to mine information delivered via Our Service/Application.

7.  Privacy Safeguards and Considerations
7.1  You must not use Our Service/Application to undermine End User privacy nor to allow unauthorized surveillance. To mitigate the risk of End Users being located without their knowledge and consent, You must implement security measures and safeguards that protect End User privacy and safety such as, but not limited to, encrypting sensitive data such as Location Information and using private networks to transmit such data.
7.2  You must carefully consider the safety implications of Your use of Our Service/Application and implement the appropriate safeguards to address the foreseeable risks.
7.3  You must continuously monitor the use of Our Service/Application for any activity that violates the applicable policies or other relevant terms of use including any fraudulent, inappropriate or harmful behavior and promptly restrict the offending users from any further use of Our Service/Application.

8.  Intended Recipients’ Use of Location Information
You shall ensure that any recipient of Location Information only receives Location Information when necessary with consent of End User, uses the Location Information only for the purpose for which it was provided, disposes of Location Information after use unless otherwise permitted by End User and takes measures to protect the Location Information against unauthorized access, use, copying, storage and/or disclosure.

9.  Prohibited Content
Content You use with or send via Our Service/Application must not: (a) contain any material that is unlawful or defamatory or that infringes upon or violates any copyright, trademark, patent, personality, publicity, or privacy rights or any other intellectual property or other rights of any third party; (b) promote or facilitate any illegal activity, such as illegal gambling; (c) contain any adult themed or sexually explicit content; (d) depict violence, prejudice, discrimination, or racism; (e) contain alcohol, tobacco or death-related content; and (f) contain any information that is false or likely to mislead or deceive.

10.  Harmful Code
You will maintain an appropriate level of security and integrity for End Users in connection with the use of the Services and implement procedures to prevent the transmission of Harmful Code to End Users and unauthorized access to devices and Service Provider networks. “Harmful Code” means (a) viruses, worms or other malicious code; (b) any feature that prevents or interrupts the use of a Service Provider network or any device, including, without limitation, any lock, drop-dead device, Trojan-horse routine, trap door, time bomb; (c) any other code or instruction that is intended to be used to access, modify, delete, damage, or disable the functionality of a Service Provider network or any device; or (d) data or messages that are unsolicited or of a volume that unreasonably burden a Service Provider network or any device. You will immediately notify Us if You know or have reason to know of any breach of security or known vulnerability of Your systems that could lead to a breach of these security obligations and will remedy the breach or such vulnerability within 24 hours.

11.  Security Provisions
11.1  You must implement and maintain administrative, physical and technical safeguards that prevent any collection, use or disclosure of, or access to, End User information that this Agreement does not expressly authorize, including, without limitation, an information security program that meets the highest standards of best industry practice to safeguard End User information. The information security program will include, without limitation, (i) adequate physical security of all premises in which End User information will be processed or stored; (ii) reasonable precautions taken with respect to the employment of and access given to personnel, including background checks and security clearances that assign specific access privileges to individuals; and (iii) an appropriate network security program. The network security program will include, without limitation, (x) appropriate access controls and data integrity controls; (y) testing and auditing of all controls; and (z) appropriate corrective action and incident response plan.
11.2  You shall implement and maintain administrative, physical and technical security controls to protect Location Information and the availability and integrity of Service Provider networks and services. You shall use measures to sufficiently mitigate security threats when using Our Service/Application, including: (i) unauthorized access; (ii) unauthorized changes; (iii) disruptions or denial of service; (iv) escalation of user privilege; (v) service fraud; (vi) improper disclosure of sensitive information; and (vii) degradations of service.
11.3  When You use Our Service/Application or communicate Location Information over an Internet Protocol network, any network traffic shall have security controls to protect from threats, including, but not limited to, eavesdropping, data tampering and data collection.
11.4  You shall not, nor allow any other person or system to, (i) perform any functions or link to any content or use any robot, spider, site search or other retrieval application or device to scrape, retrieve or index services or to collect, disseminate, use, store or disclose information about End Users for any unauthorized purpose; (ii) disable, override or otherwise interfere with any Service Provider alerts, warnings, display panels, consent panels and the like, including, but not limited to, those that are intended to notify End User that Location Information is being accessed, used, copied, stored or disclosed; (iii) be designed or marketed for automatic or autonomous control of vehicles, aircraft or other mechanical devices or emergency or life- saving purposes; or (iv) be designed, developed, marketed, distributed, offered or otherwise made available for the purpose of harassing, abusing, stalking, threatening or otherwise violating the legal rights (such as the rights of privacy and publicity) of others or any other illegal or unethical purpose.

12.  Incident Support, Response and Resolution
You agree to comply with the applicable performance and support obligations established from time to time by wireless Service Providers of End Users with respect to location aware services. In the event of an incident, outage or other occurrence related to Our Service/Application, a wireless Service Provider may assess the severity level of the incident and, if appropriate, recommend a support, response and resolution plan. You understand that Our intent and that of the wireless Service Providers in resolving any incident is to perform such resolution in a manner that reasonably prioritizes preservation of the integrity of wireless Service Provider facilities, the wireless Service Provider network, the wireless Service Provider services and End User use of Our Service/Application. We and wireless Service Providers may use the contact information submitted by You, which must be kept up to date, to communicate with You regarding these performance and support obligations. Your contact information may be shared by wireless Service Providers with their subscribers who are End Users and/or other third parties to provide support, response and resolution services.

 

ELD Tracking Services

The following terms apply if you use or access any ELD tracking services through p44, which involve receipt of Third Party Materials from our ELD partner(s) (“ELD Partners”):

  • Definitions.
    • “ELD Partner Customer(s)” shall mean a customer who has entered into a contract with an ELD Partner for use of such ELD Partn’s products and services and whose Position Data may be shared by such ELD Partner with p44.
    • “p44 Customer(s)” shall mean a third-party logistics provider, shipper, or Transportation Management Systems customer who has entered into a contract with p44 to obtain load tracking information.
    • “Position Data” means position data that is generated by an ELD Partner Customer’s use of such ELD Partner’s products and services, specifically, position updates, proximity alerts, calculations for estimated time of arrival, and macros associated with loaded calls and/or empty calls.
    • You agree to maintain the Position Data in strict confidence, restrict disclosure of such Position Information only to your employees with a need to know such information (and advise such employees of your obligations with respect to such Position Data), and not disclose any Position Data to any third party. In the event that any ELD Partner, in its discretion, terminates any sublicense of Position Data to you, you will no longer have the right to receive Position Data through p44 or other p44 Customer.

 

Visibility Services

The following terms apply if you use or access any visibility services provided by p44, which involve Third Party Materials provided by our mapping partner (“Mapping Partner”):

  • Mapping Partner Terms. You hereby agree for the benefit of Mapping Partner to the Mapping Partner end user terms for business end users as set out at b2b service terms, the Mapping Partner privacy policy and other end user communications provided by Mapping Partner or as set forth at mapping terms and “report an issue” link that may be provided through certain Service components for purposes of reporting e.g. privacy concerns related to images.
    • Government Users. Visibility Services (hereinafter “Covered Products and Services”) is a “commercial item” as that term is defined at 48 C.F.R. (“FAR”) 2.101, is licensed in accordance with this Agreement.