PRIVACY POLICY AND TERMS OF SERVICE

DEFINITION AND ACCEPTANCE

This is the Privacy Policy and Terms of Service of DrayMate websites ("DrayMate.com", "xWaybill.com", "xDriverApp.com", "xFleetPro.com", "DrayageTMS.com", "IntermodalTMS.com", "IntermodalTools.com", hereafter called "Sites") operated by LOGINET SOLUTIONS INC and our affiliates and subsidiaries. This document describes the information we collect from you as part of the normal operation of our "Sites" and how we use and disclose this information.

By accepting the Privacy Policy and Terms of Service on the registration forms or by visiting and using the "Sites", you expressly consent to our collection, use, and disclosure of your personal information in accordance with this Privacy Policy and Terms of Service.

WHAT INFORMATION DO WE COLLECT?

In general, you can browse the "Sites" without telling us who you are or revealing any personal information about yourself. Once you become a "User" by filling out and submitting the registration forms, we require you to provide various contact and identity information, billing information, and other personal information. The types of personal information collected during the usage of our services include your full name, business physical address, email address, phone numbers, and credit/debit card information for billing purposes.

LOGINET SOLUTIONS INC will have access to third-party personal information provided by you as part of using the "Sites", such as contacts in your account. This information may include third-party names, email addresses, phone numbers, and physical addresses and will be used only for servicing your requirements and needs as expressed by you. We do not share this third-party personal information with anyone for promotional purposes, nor do we utilize it for any purposes not expressly consented to by you. When you refer your friends to the "Sites", we request their email address and full name to facilitate their registration and paying your commissions.

HOW WE USE YOUR INFORMATION?

We use your personal information and any other information we obtain from your current and past activities on the "Sites" to:

- Provide you with the best services possible offered through the "Sites".
- Resolve service and/or billing disputes or troubleshoot problems.
- Bill you for any amounts due.
- Inform you about online and offline offers, products, services, events, and updates (we do not spam our users, and you can unsubscribe from any of our emails).
- Customize your user experience and measure your interest in our products and services.
- Analyze "Sites" usage to improve "Sites"' content, layout, and/or products offered.
- Detect and protect us against errors, fraud, and other criminal activity.

CONTENTS OF YOUR USER ACCOUNT

We store and maintain files, documents, to-do lists, emails, and other data stored in your user account on our AWS® cloud servers. To prevent data loss due to errors or system failures, we also keep backup copies of data, including the contents of your user account. As a result, your files and data may remain on our servers even after you delete or terminate your user account. In such cases, we assure you that the contents of your user account will not be disclosed to anyone and will not be accessible, even to employees of LOGINET SOLUTIONS INC, except in circumstances specifically mentioned in this Privacy Policy Statement and Terms of Service. Furthermore, we do not process the contents of your user account for serving targeted advertisements, except for providing suggestions of trucks and loads based on your location within the IBA Network. You can learn more about the IBA Network within your account.

If you choose to close your account, we will remove your information from our marketing and billing systems. However, we cannot guarantee the deletion of all your personal information. Your personal details, such as your name, physical address, phone number, or email address, may still exist in other user accounts with whom you have conducted business through the "Sites".

Content created or stored by you and available on the "Sites", including all information, data, logos, trademarks, designs, graphics, images, sound files, and any other files, is referred to as "User-Generated Content."

Your user-generated content is your responsibility. We bear no liability for this or for any loss or damage that your User-Generated Content may cause to you or others. Although we are not obligated to do so, we have absolute discretion to remove, screen, or edit any User-Generated Content posted or stored on the "Sites" without notice, and we may do so at any time and for any reason. You are solely responsible for maintaining copies and replacing any User-Generated Content that you post or store on the "Sites". If you grant third parties, including users you create on the "Sites", access to your User-Generated Content through the "Sites", including through the API or an Add-on, you agree that we are permitted to provide them with your user-generated content. Furthermore, you agree that we bear no liability for their use of such user-generated content.

SUSPENSION AND TERMINATION

We may suspend or disable your user account if we suspect illegal activity, extended inactivity (dormant accounts for one year or more), or if requested by law enforcement or government agencies. If you object to the suspension, contact us at support at xwaybill dot com within thirty days of notification. We may terminate a suspended or disabled account within thirty days.

You can also request the termination of your user account. We reserve the right to terminate your account and deny services if we believe you've violated our terms or due to technical issues/discontinuation of a Beta Service. Account termination includes losing access to all services and deleting your account information, including all its data.

You can cancel your account anytime without penalties. After cancellation, your account will be deactivated, which may take up to 7 days.

FINANCIAL INFORMATION

In case of services requiring payment, we request credit card or other payment account information, which will be used solely for processing payments for services provided through "Sites". Your financial information will not be stored by us except for the name and address of the cardholder, the expiry date, and the last four digits of the Credit Card number. Where it will be necessary for processing future payments, your financial information will be stored in our QuickBooks® account.

VISITOR DETAILS, COOKIES, AND JAVASCRIPT

We use the Internet Protocol (IP) address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system, and other visitor details collected in our log files/Google Analytics® account to analyze trends, manage the website, track visitor's movements, and improve the "Sites". We use cookies and JavaScript to enhance your experience. Cookies enable us to track usage patterns and deliver customized content to users. You must enable cookies and JavaScript on your web browser to use the "Sites".

HOW SECURE IS YOUR INFORMATION?

We adopt industry-appropriate data collection, storage, and processing practices and security measures, as well as physical security measures to protect against unauthorized access, alteration, disclosure, or destruction of your Personal Information, username, password, transaction information, and data stored in your user account. Access to your name and email address is restricted to our employees who need to know such information in connection with providing our Services to you and are bound by confidentiality obligations.

LOGINET SOLUTIONS INC strives to protect your Personal Information. For security of transactions, we use the Secure Sockets Layer (SSL) protocol, which encrypts any information, such as credit card number and billing information, you send to us electronically. The encryption process protects your information by scrambling it before it is sent to us from your computer. Once LOGINET SOLUTIONS INC receives your transmission, we make commercially reasonable efforts to ensure its security on our system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot warrant the security of any information you transmit to us.

Please be aware that laws in various jurisdictions in which we operate may obligate us to disclose user information and the contents of your user account to local law enforcement authorities under a legal process or an enforceable government request.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. LOGINET SOLUTIONS INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOGINET SOLUTIONS INC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM LOGINET SOLUTIONS INC, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

YOU AGREE THAT LOGINET SOLUTIONS INC SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF LOGINET SOLUTIONS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LOGINET SOLUTIONS INC RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL LOGINET SOLUTIONS INC'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

You agree to indemnify and hold harmless LOGINET SOLUTIONS INC, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines, and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violation of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by LOGINET SOLUTIONS INC.

NOTIFICATION OF CHANGES

Any changes to the Privacy Policy Statement and Terms of Service will be posted here. We will notify you by email (sent to the email address specified in your account) of any major changes to our Privacy Policy and Terms of Service before the change becomes effective. We encourage you to periodically review this page for the latest information on our privacy/terms of service practices. If you have any questions or concerns regarding this Privacy Policy Statement and Terms of Service, please contact us at support at xwaybill dot com.

Last updated: October 10th, 2023