TrafficData.CloudTrafficData.cloud User Agreement
Welcome to TrafficData.cloud. This User Agreement ("Agreement") is a legal contract between your organization ("Organization," "you," or "your") and TNSense ("we," "us," or "our") governing your access to and use of the TrafficData.cloud web portal and its associated modules (the "Service").
By registering an organization workspace, creating an account, or using the Service, you agree to be bound by these terms. If you do not agree, do not use the Service.
1. Free Baseline Tier
The baseline Service is provided to municipalities, public works departments, private communities, and other approved organizations completely free of charge. No credit card is required to register or utilize the free tier. We reserve the right to modify, suspend, or discontinue any free features or modules at any time without notice. Optional premium, high-volume, or enterprise-grade add-ons may be subject to separate fees.
2. Accounts and Approvals
To use the Service, you must register an Organization workspace. The first person to register acts as the Organization administrator. Access to a newly registered organization, as well as individual user accounts joining an existing organization, requires platform and/or organization administrator approval. You are entirely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your workspace accounts.
3. "As Is" and "As Available" Disclaimer (No Guarantees)
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TNSENSE EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- ANY GUARANTEES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, ERROR-FREE, OR VIRUS-FREE.
- ANY GUARANTEES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY TRAFFIC DATA, REPORTS, CHARTS, OR SIGN INVENTORY MANAGEMENT MAPS GENERATED THROUGH THE PORTAL.
YOUR USE OF THE PORTAL AND ANY DATA UPLOADED OR DOWNLOADED FROM IT IS ENTIRELY AT YOUR OWN RISK.
4. Limitation of Liability (No Responsibility)
TO the MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TNSENSE, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.
- ANY DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THE PORTAL.
- ANY SYSTEM DELAYS, OUTAGES, DATA CORRUPTION, OR THE ACCIDENTAL DELETION OF RADAR FILES OR SIGN TRACKING RECORDS.
- ANY MUNICIPAL INFRASTRUCTURE, CITIZEN TRAFFIC, OR LEGAL DECISIONS MADE BY YOUR ORGANIZATION BASED ON THE REPORTS AND ANALYTICS PROVIDED BY THE SERVICE.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS STRICTLY LIMITED TO $0.00 CAD (OR THE TOTAL AMOUNT YOU PAID US TO USE THE PORTAL IN THE PAST TWELVE MONTHS, WHICHEVER IS GREATER).
5. Data and Content Ownership
Your Organization retains ownership of all raw data files, documents, text, images, and other materials you upload to the workspace ("User Data"). By uploading User Data, you grant TNSense a non-exclusive, worldwide, royalty-free license to host, store, process, display, and analyze the data solely for the purpose of operating the Service for your Organization. You represent that you have the proper rights and permissions to upload and process such data.
6. Termination
You may stop using the Service at any time. We reserve the right to suspend or terminate your account or your entire Organization workspace immediately if we suspect any abuse, unauthorized access attempts, system interference, violation of this Agreement, or if your account remains completely inactive for an extended period.
7. Governing Law
This Agreement and any disputes arising from it shall be governed by and construed in accordance with the laws of the jurisdiction in which TNSense is headquartered, without regard to its conflict of law principles.