Terms of Service

Please read these terms carefully before using the Tire Cloud platform

Effective Date: September 14, 2024

Welcome to Tire Cloud. These Terms of Service ("Terms") govern your access to and use of the Tire Cloud platform, including our website, mobile applications, and all related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.

2. Use of Service

The Service is designed to provide tire inventory management, listing creation, marketplace access, and related tools for tire businesses and consumers. You agree to use the Service only for its intended purposes and in compliance with all applicable local, provincial, national, and international laws and regulations. You may not use the Service to:

  • Engage in any unlawful, fraudulent, or deceptive activity
  • Interfere with or disrupt the integrity or performance of the Service
  • Attempt to gain unauthorized access to the Service or its related systems
  • Upload or transmit viruses, malware, or other harmful code
  • Scrape, harvest, or collect data from the Service without prior written consent
  • Reproduce, duplicate, or resell any part of the Service without express permission

3. Registration and Account Security

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify Tire Cloud immediately of any unauthorized use of your account or any other breach of security. Tire Cloud will not be liable for any loss or damage arising from your failure to maintain the security of your account.

4. User Content

You retain ownership of any content you submit, upload, or display through the Service ("User Content"), including tire images, descriptions, pricing information, and business data. By submitting User Content, you grant Tire Cloud a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute your User Content solely for the purpose of operating, improving, and promoting the Service. You represent and warrant that you own or have the necessary rights to all User Content you submit and that your User Content does not violate any third party's intellectual property or other rights.

5. Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology, is and will remain the exclusive property of Tire Cloud Inc. and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tire Cloud Inc. Nothing in these Terms grants you any right to use the Tire Cloud name, logo, or brand identifiers.

6. User Conduct

You agree to conduct yourself in a professional and respectful manner when using the Service. You will not:

  • Post false, misleading, or deceptive product listings or business information
  • Harass, abuse, or threaten other users of the Service
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity
  • Use automated systems, bots, or scripts to access or interact with the Service without authorization
  • Engage in any activity that places an unreasonable or disproportionately large load on the Service's infrastructure

Tire Cloud reserves the right to investigate and take appropriate action against anyone who, in Tire Cloud's sole discretion, violates these provisions, including without limitation removing User Content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

7. Payment Terms

Certain features of the Service require a paid subscription. By subscribing to a paid plan, you agree to pay all applicable fees as described on our Pricing page at the time of purchase. All fees are quoted in U.S. dollars unless otherwise stated.

  • Billing Cycle: Subscriptions are billed on a recurring basis (monthly or annually, depending on the plan you select).
  • Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date. You may cancel your subscription at any time through your account settings or by contacting our support team.
  • Price Changes: Tire Cloud reserves the right to modify subscription fees at any time. We will provide you with at least 30 days' advance notice of any price changes. Continued use of the Service after a price change takes effect constitutes your agreement to the new pricing.
  • Failed Payments: If we are unable to process your payment, we may suspend or restrict your access to paid features until payment is successfully processed.
  • Taxes: You are responsible for any applicable taxes associated with your use of the Service.

8. Privacy

Your privacy is important to us. Our collection and use of personal information in connection with the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

9. Service Level and Availability

Tire Cloud strives to maintain high availability of the Service but does not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond our control. Tire Cloud will make commercially reasonable efforts to provide advance notice of scheduled downtime. We are not liable for any loss or damage resulting from service interruptions, delays, or outages.

10. Termination

You may terminate your account at any time by contacting our support team or through your account settings. Tire Cloud may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will immediately cease. Tire Cloud may retain your data for a reasonable period following termination in accordance with our data retention policies and applicable law. Any provisions of these Terms that by their nature should survive termination will survive, including without limitation ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

11. Modifications to Service and Terms

Tire Cloud reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We also reserve the right to update these Terms at any time. Material changes will be communicated via email or a prominent notice within the Service at least 30 days before they take effect. Your continued use of the Service after any modifications to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TIRE CLOUD DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TIRE CLOUD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIRE CLOUD INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT SHALL TIRE CLOUD'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO TIRE CLOUD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

14. Indemnification

You agree to indemnify, defend, and hold harmless Tire Cloud Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) any User Content you submit through the Service.

15. Accessibility

Tire Cloud is committed to making the Service accessible to all users, including individuals with disabilities. We strive to conform to applicable accessibility standards and guidelines. If you experience any accessibility barriers while using the Service, please contact us at support@tirecloud.com so we can work to address your concerns.

16. Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or in connection with these Terms or the Service shall be resolved through the following process:

  1. Informal Resolution: Before initiating formal proceedings, you agree to contact Tire Cloud at support@tirecloud.com and attempt to resolve the dispute informally for at least 30 days.
  2. Mediation: If the dispute cannot be resolved informally, the parties agree to attempt mediation administered by a mutually agreed-upon mediator in Ontario, Canada.
  3. Litigation: If mediation is unsuccessful, any legal action or proceeding shall be brought exclusively in the courts of the Province of Ontario, Canada, and you consent to the jurisdiction of such courts.

17. Third-Party Links and Services

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Tire Cloud. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Tire Cloud shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services.

18. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us: