Effective Date: September 1st, 2019

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING A SALES ORDER FORM OR SCHEDULE OF WORK THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

Welcome to Arqflow SAAS applications, offered by Arqflow, Inc. affiliates (“Arqflow” “we” and “us”)! Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@arqflow.com.

Please read the Terms and Conditions carefully before you start using Arqflow, because by using the Website you accept and agree to be bound and abide by these Terms and Conditions.

These Terms and Conditions are effective as of September 1st 2019. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.

About ARQFLOW

Arqflow is a B2B cloud platform that enhances real-time collaboration between organizations supply chain activities. We allow our users to communicate with their partners in a structured manner, moving away from emails, texts and phone calls.

ARQ Compass is a shipment management platform allows organization to manage their shipments, regardless of size, origin and mode, in one place, while letting them invite other concerned organizations to get updates and collaborate in real-time.

ARQ Source (also known as BARQ Projects) is a B2B data-driven marketplace. The platform helps companies with their project-based procurement, and suppliers with their sales process.

Privacy

Arqflow takes your privacy seriously. Please check our Privacy Policy for more details.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@arqflow.com.

Contact

You agree that Arqflow may contact you by autodialed text messages, email and phone calls with information about the Services, your account, and with marketing messages, even if your phone number is on a do-not-call list. You are not required to provide this consent as a condition of purchasing anything or using the Services and may opt out at any time by contacting us at support@arqflow.com. In the event you change or deactivate your mobile phone number, you agree to promptly update your Arqflow account information to ensure that your messages are not sent to the person that acquires your old phone number.

Registering to Arqflow’s Services

The basic tiers are offered currently at no cost, but we reserve the right to charge for certain or all Services in the future. We charge users for subscribing to our premium tiers, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

In order to use the Services, you may be required to register for an Organization account, identify which, complete a verification procedure and select a username and password (“Account Credentials”).

You promise to provide us with accurate, complete and updated registration information about yourself. You may not create an account, select Account Credentials, or otherwise use the Services using any name, information, account or Account Credentials that you do not have a right to use, or using another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or Account Credentials with anyone, and you must protect the security of your account and your Account Credentials. You’re responsible for any activity associated with your account.

You represent and warrant that you are an individual of legal age to form a binding contract. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

Conduct

Your use of our Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through our Website.

You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms as defined below) or otherwise use the Services or interact with the Services in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Arqflow);
  • Violates any law or regulation, including, without limitation, any applicable export control laws;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you);
  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure).
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • Copies or stores any significant portion of the Content;
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
  • Uses the Services for timesharing or service bureau purposes or for any purpose other than your own use;
  • Bypasses any security or other features of the Services designed to control the manner in which the Services is used, harvests or mines Content from the Service, or otherwise accesses or uses the Services in a manner inconsistent with individual human usage
  • Accesses, tampers with or uses non-public areas of the Services Arqlflow’s (and its hosting company’s) computer systems and infrastructure or the technical delivery systems of Arqflow’s providers
  • If you are a Driver, uses the Services while driving;
  • Competes with Arqflow's services offered.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

We pre-screen new Organization accounts, and approve their access based on the information they provide during registration, and in some cases a follow-up communication. We do our utmost but cannot guarantee with certainty that the information provided by the creator or admin(s) of the Organization account are accurate.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users through services that may be available on or through this Website.

We and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions.

In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Intellectual Property

You understand that Arqflow owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

Third Party Websites

This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.

These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.

In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

Content

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any Users with whom you interact in using the Services and are not responsible for which Users gain access to the Services.

Disclaimer of Warranties, Limitations of Liability and Indemnification

Your use of Arqflow is at your sole risk. The Website is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services. You represent and warrant that you own all rights in and to any User Submission, or that you have obtained all necessary rights and/or permissions to make and submit the User Submission and to grant the licenses to such User Submissions contained herein.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Arqflow shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that Arqflow is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Arqflow, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Term and termination

This Terms and Conditions will become effective in relation to you when you create a Arqflow account or when you start using the Arqflow and will remain effective until terminated by you or by us.

Arqflow reserves the right to terminate this Terms and Conditions or suspend your account at any time in case of unauthorized, or suspected unauthorized use of the Website whether in contravention of this Terms and Conditions or otherwise. If Arqflow terminates this Terms and Conditions, or suspends your account for any of the reasons set out in this section, Arqflow shall have no liability or responsibility to you.

To terminate an Organization account, written request must be sent to support@arqflow.com. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Company.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

Assignment

Arqflow may assign this Terms and Conditions or any part of it without restrictions. You may not assign this Terms and Conditions or any part of it to any third party.

Governing Law

These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the us without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of us.

Request Access to Arqflow Today!

Arqflow is currently giving access to a closed group of Businesses. Find out if you qualify by filling the form, and be a part of the exciting future of B2B collaboration.

  • Streamline communications with your network partners.
  • Reduce redundancies and focus on what matters.
  • Create value across your supply chain.
  • Be in the know and better equipred for tomorrow's challenges.

Want to learn more?