The User’s use of the Service constitutes the User’s agreement to the following terms and conditions of 20-HIGH SOFTWARE PRIVATE LIMITED (“20High”) for 20High TMS Terms of Use (“Terms of Use”). If the User does not agree, the User should not use or access the Service. The User’s continued use or access of the Services constitutes the User’s (a) acknowledgment of the Terms of the Use; and (b) agreement to abide and be bound by the terms and conditions contained herein. 20High reserves the right to make modifications, alterations or updates to this site and these Terms of Use at any time without notice to the User. The User accepts the affirmative obligation to periodically review whether or not these Terms of Use have changed, and the User’s continued use or access of the Services constitutes the User’s (a) acknowledgment of the modifications, alterations or updates to the Terms of Use; and (b) agreement to abide and be bound by the modified, altered or updated terms and conditions contained in the Terms of Use. The most current version of the Terms can be viewed in this Page.

The Terms of Use govern the User’s use of 20High TMS website and other related services, together with its web-based interfaces (collectively referred to as the “Service”). While the Service is targeted toward and designed for business use and the performance of business-to-business functions and transactions, 20High understands that individual consumers may access the Service or individuals employed by such businesses; such individuals and businesses will be referred to collectively as the “User”.

If the User is utilizing the Service on behalf of a corporation, company, business or other legal entity, the User represents and warrants that the User has the authority to bind such entity to the Terms of Use, in which case the term “User” shall refer collectively to the individual user and such entity. Any rights not expressly granted to the User by 20High in these Terms of Use are hereby reserved.

1. Use of the Service
The User may not access the Service if the User is a direct competitor of 20High, except with 20High’s prior written consent and acknowledgment of the User’s status as a competitor. In addition, the User may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other rate, benchmarking or competitive purposes.

The User shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet “links” to the Service or “frame” or “mirror” any portion of the Service on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. Login-ID, Passwords and One-Time Passcodes (“OTP”) cannot be shared or used by more than one individual User, except in cases of reassignment from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.

The User may use the Service only for the User’s internal business or personal purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

The account holder and account users acknowledge and agree that for keeping the 20High service operational costs 20High money for servers, staff, third party services that support the service, and other operational costs. Therefore, 20High has the right to request that users of the free Basic subscription service, if made available, pay for use of the service if it is deemed that the user is using the free Basic subscription service in a prohibited or unfair way. Such prohibited or unfair uses may be, but not limited to; a dispatch service, on a free Basic subscription plan, representing one or multiple carriers, or a carrier or broker with multiple free Basic accounts created in the 20High service where each account shares commonalities such as the same address, same phone number(s), same ownership, or same user base. If 20High deems users to be using the free Basic service in what is determined to be an unintended, prohibited, or unfair manner, the user can be asked to immediately upgrade to a paid Premium subscription if they wish to continue using the service. Alternatively, 20High reserves the right to suspend the users account(s), at any time, if 20High determines, in its sole discretion, that the user(s) are accessing and using the service in any unintended, prohibited or unfair way.

2. Intellectual Property Rights
Portions of the Service may be protected as the copyrights, trademarks, and other intellectual properties of 20High, its affiliates or its parent organizations, or of other parties that have licensed their material to 20High. Except as expressly set forth in the Terms of Use, nothing contained herein or in the Service shall be construed as granting to the User a license under any copyright, trademark, or other intellectual property right of 20High, its affiliates or its parent organizations, or of any third party. No logo, graphic, or image of or contained within the Service may be copied, retransmitted, or published without the express written consent of 20High. Furthermore, any comments, ideas and/or suggested features about the Service or this site that you provide to 20High, either in written or electronic form, shall be considered 20High’s proprietary and confidential information, and you hereby irrevocably transfer and assign to 20High all intellectual property rights embodied in or arising in connection with such comment, idea and/or suggested feature, and any other rights or claims that you may have with respect to any such comment, idea and/or suggested feature.

a. Uploaded Logo By uploading a logo or other image to the Service, the User guarantees that the User is the legal owner of the copyright for that logo or image, or has been awarded full and unrestricted rights from the concerned intellectual property owner to upload, display and utilize the image for purposes of the Service. The User further attests that the logo or other image does not violate the rights of any other party and does not result in a breach of contract between the user and another party. The User agrees to indemnify and hold 20High and its subsidiaries, affiliates, officers, employees and representatives harmless from any claim, loss, demand, suit, action, proceeding, or litigation (including attorney’s fees and costs) made by any third party due to or arising out of the User’s uploading to the Service of any logo or other image or from any violation of any other party’s rights caused by the use of or the content with the logo or image so uploaded.

The User hereby grants 20High a worldwide, nonexclusive, royalty-free license to use, reproduce, distribute, prepare derivative works of, and display the logo or other uploaded image in connection with the Service and 20High’s business, including without limitation for promoting the Service in any media format and through any media channels.

3. Privacy Policy
The 20-HIGH SOFTWARE PRIVATE LIMITED’s 20High TMS Privacy Policy (“Policy”) governs the use of information acquired from the User through the Service. 20-HIGH SOFTWARE PRIVATE LIMITED(“20High”) reserves the right to change this Policy at any time. Such changes, modification, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an email to the email address listed by the registered users or posting the revised Policy on this Page. The User acknowledges and agrees that it shall always be the User’s responsibility to maintain a valid email address as a registered user, review this site and this Policy periodically and to be aware of any modifications.

4. Representations & Warranties
Both 20High and the User represent and warrant that each has the legal power and authority to enter into and abide by the Terms of Use. 20High represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof under normal use and circumstances. The User represents and warrants that the User has not falsely identified itself nor provided any false information to gain access to the Service.

All maps and directions presented in the Service are for informational purposes only. No representation is made or warranty is given as to their content, road conditions or route usability or expeditiousness. User assumes all risk of use. 20High, its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents assume no liability or responsibility for any delay or loss resulting from the use of such map or directions.

5. Indemnification
The User shall indemnify and hold 20High, its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with any and all claims arising from the User’s breach of the Terms of Use, and any of the User’s activities conducted in connection with the Service.

6. Disclaimer of Warranties
Other than as provided in this agreement, 20High makes no other warranties, express or implied, and hereby disclaims all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose.

7. Internet Delays
The services may be subject to availability limitations, delays, and other problems inherent in the use of the internet and electronic communications. 20High shall not be responsible for any delays, delivery failures, or other damage resulting from / As a result of such problems. 20High will try to minimize the impact through their support services.

8. Limitation of Liability
20High will provide user training and handholding to the user for the intended use of the services. However, except as expressly provided in this agreement, neither party shall be liable to the other party for any indirect, incidental or consequential damages (including without limitation, damages resulting from loss of use, loss of profits, interruption or loss of business, lost goodwill, lost revenue and lost opportunity) etc.

9. Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set hereinabove may or may not apply accordingly.

10. Termination of Use
20High may discontinue or suspend the Service with a three months’ advance notice, and 20High may modify and/or apply changes due to bug fixes, hot fixes and version upgrades as part of regular maintenance of the Service.

User(s) may discontinue use of, and terminate, the service with a minimum of three months’ advance notice via email with the subject line as “cancellation” to support@20high.com. Cancellation emails MUST come from a current user with Administrative user account permissions for the subscribing business. To verify this, the cancellation email must contain; the organization name, the requesting Administrative user’s full name and Administrative user’s login ID. Upon receiving the email cancellation, the requesting Administrative User will get a response that the cancellation request was received. A Cancellation request can be raised anytime within a billing cycle but the User account will only get deactivated until the end of the current billing cycle, at which point, all the payment dues will have to be cleared by the User before the account is cancelled, deleted and all monthly billing ends. Cancelled accounts will receive no refunds for any other services, such as accrued credits, or any other pre-paid services that will no longer be used or can no longer be accessed.

11. Third-Party Links
The Service may contain links that allow the User to visit third party websites. Neither these websites nor the third-party companies to whom they belong are controlled by or otherwise affiliated with 20High. 20High makes no representations concerning the information provided or made available on such websites or the quality or acceptability of the products or services offered by any persons or entities referenced in any such third-party websites. 20High makes no representations regarding the correctness, performance or quality of any software found at any such website.

12. General
The Terms of Use shall be governed by the laws of India, without regard to the choice or conflicts of law provisions, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be subject to the exclusive jurisdiction of the courts located in India. Should any litigation, action or proceedings be commenced between the User and 20High concerning the Service, the Terms of Use, or their respective rights and obligations in relation to the Terms of Use, the prevailing party shall be entitled, in addition to any other relief that may be granted, to recover its reasonable attorneys’ fees and costs, whether incurred before or after commencement of proceedings, and regardless of whether incurred pursuant to trial, appellate, mediation, arbitration, bankruptcy, or judgment-execution proceedings. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between the User and 20High as a result of the User’s use of the Service. The failure of 20High to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by 20High in writing. The Terms of Use comprises the entire agreement between the User and 20High and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between 20High and the User regarding the use of the Service. The Terms of Use may not be changed or modified without the written consent of 20High.

13. Integration Clause
The Terms of Use contain the entire agreement between 20High and the User with respect to the Service and supersede all previous understanding and agreements by and between the User and 20High, its subsidiaries, branches, divisions, and regions with respect to the Service.

14. Assignment; Change in Control
The User’s access to the Service may not be assigned by the User without the prior written approval of 20High. However, 20High may assign its rights and obligations hereunder in its sole discretion and without the User’s consent. Any actual or proposed change in control of the User that results or would result in being a direct competitor of 20High , by directly or indirectly owning or controlling 50% or more of the User or is controlled by or is under common control of the User, any person (including an individual, partnership, joint venture, or corporation) who directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with the User, or any of the partners who constitute the User, shall entitle 20High to terminate the User’s access to the Service without notice.