Terms of Service

Last Updated: January 22, 2025

These Terms of Service (“Terms”) govern your access to and use of the software services provided by Nutech TMS (“Software”, “Service”, “Company”, ”us”, “we”, or “our”).

Please carefully review the terms and conditions of this Software as a Service Agreement prior to using the company’s software or services. By accessing or utilizing the company’s software or services, you, the customer, are indicating your acceptance and agreement to the terms and conditions outlined in this Software as a Service Agreement. Your acceptance of this agreement confirms that you have read, understood, and agreed to all its terms, and you are consenting to be legally bound by it. If you disagree with any part of the terms and conditions of this Software as a Service Agreement, refrain from accessing or using the services.

1. Definitions

“Service” refers to our Nutech TMS software platform, including mobile applications, web portals, and associated backend services
“Company” refers to Nutech Software, the provider of the Service
“User” refers to any individual or entity accessing or using the Service
“Content” refers to any data, information, or material submitted to or processed by the Service
“Dangerous Goods/HAZMAT” refers to materials classified as dangerous goods under the Transportation of Dangerous Goods Act (Canada) and/or hazardous materials under the U.S. Department of Transportation regulations

2. Acceptance of Terms

By accessing or using the Service, you acknowledge reading, understanding, and agreeing to be bound by these Terms and Conditions. If you disagree with any part of these terms, you do not have permission to access the Service.

3. Service Description

The Service provides tools for:

Scanning and processing Bills of Lading
Analyzing Dangerous Goods/HAZMAT shipment compliance
Generating placard recommendations for vehicles
Managing transportation documentation

4. Disclaimer of Warranties and Limited Liability

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Users acknowledge and agree that:

Final responsibility for regulatory compliance lies with the shipper and driver
All recommendations must be independently verified against current Transport Canada and U.S. Department of Transportation regulations
The Service is a decision support tool and does not replace professional judgment
Users must maintain appropriate knowledge of current Dangerous Goods/HAZMAT regulations

The Company shall not be liable for any:

Indirect, incidental, special, consequential, or punitive damages
Lost profits, revenue, data, or business interruption
Personal injury or property damage
Regulatory fines or penalties
Environmental damage or cleanup costs
Damages resulting from inability to access the Service
Errors, oversights, or inaccuracies in the Service or its content

In jurisdictions where limitations of liability are allowed, the Company’s liability shall be limited to $50.

5. User Obligations

Users must:

Provide accurate and complete information
Independently verify all recommendations against current regulations
Maintain necessary licenses and certifications
Comply with all applicable laws and regulations
Report any discrepancies or errors immediately
Maintain appropriate insurance coverage
Protect account credentials and notify Company of unauthorized access
Use the Service for lawful purposes only

6. Data Security and Privacy

The Company implements reasonable security measures but does not guarantee absolute security. Users grant the Company permission to process submitted data, store historical records, and analyze usage patterns to improve Service accuracy. The Company’s Privacy Policy governs data collection and use.

7. Service Availability and Updates

The Company strives for but does not guarantee continuous Service availability or error-free operation. The Company reserves the right to modify the Service, update algorithms, change features, adjust pricing, or terminate Service with notice.

8. Indemnification

Users agree to indemnify and hold harmless the Company from regulatory violations, third-party claims, damages arising from Service use, and violations of these Terms.

9. Intellectual Property

The Service and its original content, features, and functionality, including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are granted a limited, non-exclusive, non-transferable license to access and use the services and content, for personal, non-commercial purposes, subject to your compliance with these Terms of Service. You are not allowed to reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any service or content unless we give you explicit permission to do so. Unauthorized use of our service or content may breach these laws and our terms and we reserve the right to terminate your use of our service without notice if such unauthorized use is detected.

10. Termination

The Company may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the service. However, if you are using a paid version of our service, such termination will not relieve you of any obligations to pay any outstanding fees or charges. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Emergency Support

The Service is not designed for emergency response. For emergencies:

Contact CANUTEC (Canada): 1-888-CAN-UTEC (226-8832)
Contact CHEMTREC (United States): 1-800-424-9300
Follow established emergency response protocols
Refer to Emergency Response Guidebook (ERG)

12. Changes to Terms

The Company reserves the right to modify these Terms at any time. Continued use of the Service after modifications constitutes acceptance of updated Terms.

13. Governing Law

These Terms shall be governed and construed in accordance with the provincial and national laws of Manitoba and Canada, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms, together with our Privacy Policy, represent the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

14. Severability

If any provision is found unenforceable, remaining provisions remain in effect.

Contact Information:

[email protected]
(888) 470-2966
1692 Dublin Ave #1, Winnipeg, MB R3H 1A8

By using the Service, you acknowledge reading and agreeing to these Terms.