Terms of Service
Last updated: January 2025
Agreement to Terms
By accessing or using HeavyCans.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.
Description of Service
HeavyCans provides a dispatch and route optimization platform for waste management companies. Our Service includes route planning, real-time tracking, customer communication tools, and related features to help optimize dumpster rental operations.
Account Registration
To use certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
Acceptable Use
You agree not to:
- Use the Service for any illegal purpose or in violation of any laws
- Violate or infringe upon the rights of others
- Interfere with or disrupt the Service or servers
- Attempt to gain unauthorized access to any part of the Service
- Use automated systems to access the Service without permission
- Transmit any viruses, malware, or harmful code
- Impersonate any person or entity
- Collect or harvest information about other users
Subscription and Payment
Fees
Access to certain features requires a paid subscription. You agree to pay all fees according to the pricing plan you select. All fees are non-refundable under any circumstances, including service interruptions, dissatisfaction, or early termination.
Billing and Price Changes
Subscription fees are billed in advance on a recurring basis. You authorize us to charge your payment method automatically for each billing cycle. We may change prices at any time with 30 days notice. Continued use after a price change constitutes acceptance.
Cancellation
You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds will be provided for partial periods. Upon cancellation, all licenses granted to you terminate immediately, but our rights to your User Content remain perpetual.
Intellectual Property
The Service and its original content, features, and functionality are owned by HeavyCans.com and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. We may terminate this license at any time for any reason.
User Content and Data Rights
By submitting any content or data to the Service ("User Content"), including but not limited to route information, customer data, operational metrics, GPS locations, photos, and business information, you grant HeavyCans.com a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, transferable license to:
- Use, reproduce, modify, adapt, publish, translate, and create derivative works from your User Content
- Distribute, perform, and display your User Content in any media or distribution method
- Sublicense these rights to third parties, partners, and affiliates
- Use your User Content for any purpose, including commercial, advertising, and promotional purposes
- Incorporate your User Content into other works or products
- Train artificial intelligence and machine learning models
- Create aggregated, anonymized, or de-identified data sets
Data Ownership: All aggregated, anonymized, de-identified data, insights, analytics, benchmarks, reports, and derivative works created from User Content are the exclusive property of HeavyCans.com. You have no rights to such derived data or insights.
Competitive Intelligence: We may analyze your usage patterns, operational data, and business information to develop competitive products, improve our services, and create industry benchmarks.
You represent and warrant that you have all rights necessary to grant these licenses and that your User Content does not violate any laws or third-party rights. You waive all moral rights in your User Content.
Third-Party Services
The Service may integrate with third-party services (e.g., mapping providers, payment processors). We are not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services is subject to their respective terms and conditions.
No Warranties
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, AND INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR RELIABILITY.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES. WE DO NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY ROUTES, RECOMMENDATIONS, OR DATA PROVIDED BY THE SERVICE. YOU USE THE SERVICE AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEAVYCANS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE LESSER OF: (A) $100 USD, OR (B) THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold harmless HeavyCans.com, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of another.
Termination
We may terminate, suspend, or restrict your account and access to the Service immediately, without prior notice, liability, or refund, for any reason or no reason, including if we suspect any breach of these Terms or for our business convenience.
Upon termination, your right to use the Service immediately ceases, but our perpetual license to your User Content continues indefinitely. We may retain and continue to use all User Content and data after termination.
All provisions regarding limitations of liability, disclaimers, indemnification, and intellectual property rights survive termination indefinitely.
Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date.
Your continued use of the Service after any changes constitutes acceptance of the new Terms.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Contact Us
If you have any questions about these Terms of Service, please contact us at:
HeavyCans.com
Email: legal@heavycans.com