Terms of Service

This User Agreement governs access to and use of the ETA Sync platform by customers and their authorized users. The Customer enters into this Agreement on its own behalf and on behalf of its Users, who access and use the Service subject to the Customer’s responsibility and control. These Terms apply to all information and data made available through the Service, which is derived from third-party sources and provided subject to the limitations and disclaimers set forth herein.

1. “Customer” means the legal entity entering into this Agreement with ETA Sync.
2. “User” means an individual authorized by the Customer to access and use the ETA Sync service on the Customer’s behalf.
3. “Service” means the ETA Sync platform and related functionality made available under this Agreement.
4. “Data” means shipment-related information, identifiers, status updates, and estimated arrival times made available through the Service, including data obtained from third-party sources.
5. “Subscription Term” means the period during which the Customer is authorized to access the Service under agreed commercial terms.

The ETA Sync platform provides access to shipment tracking information related to containers and logistics movements, including shipment identifiers, routing details, status updates, and estimated times of arrival (“ETAs”), based on data obtained from third-party carriers, tracking providers, and aggregators. ETA Sync does not generate primary shipping data and does not control underlying shipping operations.

ETA Sync grants the customer a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the data made available through the platform solely for the customer’s internal business purposes and in connection with the customer’s internal systems or applications.

The license is granted for the duration of the applicable subscription term and is subject to the terms and limitations set forth in this Agreement.

Unless expressly authorized in writing by ETA Sync, the customer shall not:

- distribute, resell, sublicense, or otherwise make available the data to third parties;
- permit affiliates or third parties to access the data except as expressly allowed under this Agreement;
- use the data to create, develop, or support a product or service that competes with ETA Sync or the underlying data sources;
- remove, obscure, or alter any proprietary notices or intellectual property markings;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, algorithms, data structures, or non-public APIs, except to the extent permitted by applicable law;
- dispute or impair ETA Sync’s or its licensors’ rights in the data; or
- assist or encourage any third party to engage in the foregoing activities.

The customer may integrate ETA Sync data into its internal applications, provided that such use does not involve redistributing the data as a standalone product or in a manner that allows third parties to extract, replicate, or substitute the data.

Any external distribution of ETA Sync data to end customers, whether directly or indirectly, requires a separate written distribution agreement with ETA Sync.

All rights not expressly granted under this Agreement are reserved. ETA Sync and its third-party data providers retain all ownership and intellectual property rights in the data. The customer acknowledges that the data is derived from third-party sources and is subject to their respective rights and limitations.

Access to the ETA Sync service is provided for the duration agreed between ETA Sync and the customer. The applicable subscription period, fees, and billing terms are defined by the commercial terms in effect for the customer’s account and remain valid unless terminated in accordance with this Agreement.

Access to certain ETA Sync services is subject to payment of applicable fees, as agreed between ETA Sync and the customer. Fees may be based on subscription terms, usage metrics (including per-container pricing), or other commercial arrangements set out in the applicable order, invoice, or written agreement.

The customer’s obligation to pay fees continues for the duration of the agreed service term, including any notice period applicable to cancellation or non-renewal, as defined in the commercial terms.

ETA Sync reserves the right to modify fees for future service periods. Any changes to fees will not apply retroactively and will take effect only upon renewal or commencement of a new service term. Where applicable, ETA Sync will provide reasonable prior notice of material fee changes. If the customer does not agree to the revised fees, the customer may elect not to renew the service.

Use of the ETA Sync service is subject to this Agreement and any additional terms applicable to specific services or features.

If the customer purchases any services offered by ETA Sync for a fee, whether on a subscription, usage-based, or other commercial basis (“Services”), the customer agrees to pay all applicable fees in accordance with the agreed commercial terms, invoices, or order documentation.

Payments are due as specified in the applicable invoice or agreement and are exclusive of applicable taxes, duties, or similar charges, which shall be borne by the customer where required by law. ETA Sync reserves the right to recover reasonable costs, interest, or charges incurred in connection with overdue or unpaid amounts, to the extent permitted by applicable law.

ETA Sync provides the service on an “as available” basis and does not guarantee uninterrupted or error-free operation. Temporary service interruptions, feature changes, or availability issues do not automatically entitle the customer to a refund.

If a customer has paid fees in advance and experiences a prolonged service disruption that is directly attributable to ETA Sync, the customer may contact ETA Sync to request a review. Any response, including the issuance of service credits or a pro-rated refund for the affected period, is determined at ETA Sync’s discretion and, if granted, represents the sole form of compensation for such disruption.

ETA Sync may suspend or terminate access to the service, in whole or in part, if required to comply with applicable laws, regulations, sanctions, or binding orders from competent authorities, or where continued access would pose legal, security, or operational risk.

ETA Sync may also suspend or terminate accounts for material breach of this Agreement, misuse of the service, or actions that threaten the security or integrity of the platform. Where suspension or termination occurs for the reasons described above, access may be restricted without prior notice, and no refund or compensation shall be owed, except where required by applicable law.

Each user account is intended for use by a single authorized user acting on behalf of the Customer. ETA Sync may refuse, suspend, merge, or terminate duplicate or overlapping accounts created for the same individual or used to circumvent account limitations. Users must not duplicate content, perform repetitive or abusive updates, or use multiple concurrent sessions with a single account. Access to an account may be limited to one active device or browser session at a time.

The Customer is responsible for ensuring that Users maintain the confidentiality of their account credentials and for all activity conducted under the Customer’s account. ETA Sync is not liable for unauthorized access resulting from compromised credentials or misuse of an account by Users or other parties. If ETA Sync reasonably believes that an account or the service is being accessed by an unauthorized party or used in violation of this Agreement, ETA Sync may suspend or restrict access without prior notice to protect the integrity of the service.

ETA Sync may modify, update, suspend, or discontinue any aspect of the service from time to time, including features, data presentation, functionality, or availability. Nothing in this Agreement obligates ETA Sync to maintain the service in any particular form, configuration, or feature set.

ETA Sync may also adjust or limit the service where required due to changes in applicable laws, regulations, third-party data availability, contractual constraints with data providers, or other external factors beyond ETA Sync’s control. Such changes do not entitle the customer to a refund or compensation, except where required by applicable law.

All data, content, and materials made available through ETA Sync are protected by applicable intellectual property laws. Unauthorized use, reproduction, or distribution of such materials is prohibited and constitutes a breach of this Agreement.

ETA Sync provides the service, including all shipment information, status updates, and estimated arrival times, on an “as is” and “as available” basis, without any warranties of any kind. To the maximum extent permitted by applicable law, ETA Sync disclaims all express or implied warranties, including warranties of accuracy, completeness, reliability, merchantability, fitness for a particular purpose, and non-infringement. ETA Sync does not warrant that the service will be uninterrupted, error-free, or free from delays or omissions.

The Customer acknowledges that shipment data and ETAs displayed through ETA Sync are derived from third-party sources and may be inaccurate, incomplete, delayed, or subject to change. Any reliance on such data is at the user’s own risk, and ETA Sync makes no representations regarding the correctness or suitability of the data for operational, commercial, or contractual decisions.

To the maximum extent permitted by applicable law, ETA Sync shall not be liable for any indirect, incidental, special, consequential, punitive, or economic damages of any kind, including loss of profits, business interruption, delay-related costs, or damages arising from reliance on shipment data, ETAs, service interruptions, or inaccuracies in the information provided, even if ETA Sync has been advised of the possibility of such damages.

ETA Sync shall not be liable to any person or entity other than the customer under this Agreement, and nothing herein is intended to create rights in favor of any third party.

The customer agrees to indemnify and hold harmless ETA Sync from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to the customer’s use of the service, misuse of the data, or breach of this Agreement.

The customer acknowledges that a breach of this Agreement may result in harm to ETA Sync that cannot be adequately remedied by monetary damages alone. Accordingly, ETA Sync may seek injunctive or other equitable relief, in addition to any other rights or remedies available under this Agreement or applicable law, without the requirement to prove actual damages.

ETA Sync shall not be responsible for any failure or delay in the performance of its obligations under this Agreement where such failure or delay results from events beyond its reasonable control. These events may include, without limitation, acts of God, governmental actions, labor disputes, interruptions in third-party services or data sources, network or infrastructure failures, or other circumstances outside ETA Sync’s control.

During the continuation of such events, ETA Sync’s obligations shall be suspended to the extent affected. Force majeure events do not entitle the customer to an extension of the service term or to compensation, except where required by applicable law.

The customer agrees to use the ETA Sync service in compliance with all applicable laws and regulations and shall not engage in any activity that would cause ETA Sync to be in violation of applicable legal requirements.

The customer represents that neither the customer nor any person or entity acting on its behalf is subject to applicable legal restrictions that would prohibit use of the service. ETA Sync may suspend or terminate access to the service if it reasonably believes that continued use would expose ETA Sync to legal, regulatory, or compliance risk.

This Agreement shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws principles.

Any dispute, claim, or controversy arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts located in Haifa, Israel.

If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be deemed severed to the extent necessary, and the remaining provisions shall remain in full force and effect.