Perpetual License

This Agreement Governing Perpetual License and Terms and Conditions (the “Agreement”) is entered into between PPETrackerApp (“Licensor”) and the Licensee, as identified in the License Certificate (the “Licensee”).

Use of Service

The use of PPETrackerApp website and mobile app (the “Service”) is subject to these Terms and Conditions. By using the Service, you agree to be bound by these Terms and Conditions.

PPETrackerApp is a software and mobile application designed to help industries, such as oil and gas, drilling, and construction, manage personal protective equipment (PPE) distribution, tracking, and costs. It enables companies to streamline the process of PPE distribution from office or warehouse headquarters to mobile rolling annexes and field coordinators to field personnel, as well as track the usage of PPE in real-time. PPETrackerApp provides features such as inventory management, purchase order creation, usage tracking, reporting, and analytics to help companies improve efficiency, reduce costs, and ensure compliance with safety regulations. Overall, PPETrackerApp helps companies manage their PPE inventory and distribution more effectively, which ultimately helps to improve worker safety and reduce the risk of accidents on the job.

Use of Service:

The use of PPETrackerApp website and mobile app (the “Service”) is subject to these Terms and Conditions. By using the Service, you agree to be bound by these Terms and Conditions.

User Accounts:

To access specific or certain features of the Service, you must set up and establish a user account. You agree to provide correct, accurate and thorough information during account creation and to keep and maintain your account details with current, up-to-date information.

Content:

The content of the Service, encompassing, but not limited or restricted to text, graphics, images, videos, software, and any other material is the property of PPETrackerApp or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, modify, distribute, or otherwise use the content of the Service without the express written permission of PPETrackerApp. Unauthorized distribution or resale is unlawful and subject to legal action.

User Content:

You retain ownership of any content that you upload or otherwise provide to the Service (“User Content”). However, by providing User Content to the Service, you grant PPETrackerApp a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, modify, distribute, and otherwise exploit the User Content in any manner and for any purpose.

Prohibited Activities:

You may not use the Service for any illegal or unauthorized purpose, or to transmit or send any material that is unlawful, defamatory, harassing, or otherwise objectionable. You may not interfere with the operation of the Service, or try to attempt to access the Service using unauthorized means.

Disclaimers:

The Service is provided on an “as is” and “as available” basis. PPETrackerApp makes no representations or warranties of any kind, express or implied, regarding the Service or the content thereof. PPETrackerApp shall not be liable for any damages or losses arising from your use of the Service.

Limitation of Liability:

In no event shall PPETrackerApp be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the Service or the content thereof.

Indemnification:

You agree to indemnify and hold PPETrackerApp harmless from any and all claims, damages, or expenses arising from your use of the Service or the content thereof.

Governing Law:

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles.

Dispute Resolution:

In the interest of efficient dispute resolution and to avoid the burdensome costs and delays associated with traditional litigation, both parties hereby agree to resolve any disputes, claims, or controversies arising out of or relating to this agreement through binding arbitration. In the event of any dispute arising out of or related to this Perpetual License and Terms and Conditions Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the parties are unable to resolve the dispute through negotiations, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall be conducted by a mutually agreed-upon arbitration service provider, in accordance with their rules and procedures. The arbitration shall be conducted in Lucas County and shall be governed by the laws of the State of Ohio. The parties agree to waive any right to a jury trial and to submit to the jurisdiction of the state and federal courts located in Lucas County. The parties further agree not to sue each other without first attempting to resolve the dispute through negotiations and/or arbitration, except to seek injunctive relief to prevent irreparable harm. Any such injunctive relief shall be sought in the state and federal courts located in Lucas County.

This agreement to arbitrate encompasses all matters that might otherwise be brought in a court of law and extends to claims of breach of contract, tort, statutory violations, or any other legal or equitable theory. The decision of the arbitrator(s) shall be final and binding and may be enforced by any court of competent jurisdiction. This arbitration provision is a fundamental element of this agreement, and both parties knowingly and voluntarily waive their right to pursue disputes in court, except for matters that may be brought before a small claims court where applicable.

Payment Terms:

Payment for PPETrackerApp services shall be structured as follows:

Initial Payment: A down payment of 50% of the total contract value shall be due upon the execution of this agreement. Services will commence upon receipt of this payment.

30-Day Payment: An additional payment of 25% of the total contract value shall be due after the first 30 days from the date of project commencement.

Final Payment: The remaining 25% of the total contract value shall be due within 30 days of the completion and successful launch of PPETrackerApp.

Processes Completed During the First 30 Days:

During the initial 30 days of the project, the following processes will be completed:

Design and Color Schemes: Design and implement the color schemes for the website admin interface and mobile applications, ensuring a visually appealing and cohesive user experience.

App Store Submission: Submit the PPETrackerApp to iTunes and Google Play stores on behalf of the purchaser, following their respective guidelines and requirements.

Version Control Setup: Set up a file transfer system, such as GitHub or a similar platform, for version control and collaboration on the project.

Web Hosting and Server Configuration: Configure web hosting and server settings to ensure the efficient and secure operation of PPETrackerApp.

These processes are integral to the successful development and deployment of PPETrackerApp, and the payment terms outlined above reflect the milestones achieved during the project’s initial stages.

Your license to use the Service is subject to full and complete payment of all applicable fees and charges. PPETrackerApp reserves the right to enforce license requirements and limitations until full and complete payment is made.

The Client acknowledges their responsibility to make timely payments as specified herein and understands that any delay or default in payment may result in suspension or termination of the services provided. Failure to pay all applicable fees and charges may result in the suspension or termination of your license to use the Service, and may subject you to civil and criminal liability.

This payment clause is an essential element of the service contract and ensures the continued provision of services in a timely and efficient manner.

Payment and License Enforcement:

Upon commencement of the service contract, it is hereby agreed that 50% downpayment for the contracted services shall be due and payable before service may begin.

Enablement:

PPETrackerApp may enable and enforce license requirements and limitations through technological means, including but not limited to license keys, activation codes, and other security measures. PPETrackerApp reserves the right to monitor and audit your use of the Service to ensure compliance with license requirements and limitations. You agree to cooperate with PPETrackerApp in any such monitoring or auditing activities. Any unauthorized use of the Service or violation of license requirements or limitations may result in the suspension or termination of your license to use the Service, and may subject you to civil and criminal liability.

Amendments:

PPETrackerApp may amend these Terms and Conditions from time to time. You will be notified of any changes to the Terms and Conditions by email or by posting a notice on the PPETrackerApp website or mobile app.

Intellectual Property Rights:

Ownership:

PPETrackerApp, including its software, code, and all associated intellectual property rights, shall unequivocally and exclusively remain the property of PPETRackerApp (“the Company”). This ownership is not contingent upon the status of any contract or agreement. In the event of contract termination, non-payment, or any other circumstances that may affect the contractual relationship, the Company’s ownership of PPETrackerApp shall remain intact. The Purchaser hereby acknowledges and agrees that they have no claim, right, or interest in the proprietary aspects of PPETrackerApp. The Company retains full ownership rights to protect its software, source code, and intellectual property from any unauthorized use, copying, or distribution.

License Revocation:

In the event of contract termination, non-payment, or breach of this agreement by the Purchaser, the Company reserves the unequivocal right to revoke, without delay, any and all licenses granted for the use of PPETrackerApp. This revocation entails an immediate cessation of all usage, distribution, and access to the software. The Purchaser shall promptly and completely discontinue any use of PPETrackerApp and remove all instances of the software from their systems. The Company takes this measure to safeguard its proprietary rights and intellectual property and to uphold the terms of this agreement. License revocation serves as a vital mechanism to protect the integrity of PPETrackerApp and ensures that its use remains consistent with the provisions and permissions established herein.

Mobile App Terms and Conditions

In addition to these Terms and Conditions, your use of the PPETrackerApp mobile app is subject to the following terms and conditions:

The PPETrackerApp mobile app is licensed, not sold, to you for use only under the terms of this license agreement.
Licensee may not use the PPETrackerApp mobile app on any device that Licensee does not own or control.
PPETrackerApp reserves the right to modify, suspend, or discontinue the PPETrackerApp mobile app at any time without notice.
You may not reverse engineer, decompile, or disassemble the PPETrackerApp mobile app.

Indemnification:

The Purchaser hereby agrees to indemnify and hold harmless [Your Company Name] (“the Company”) against any and all claims, damages, losses, liabilities, and legal consequences arising from any unauthorized use, copying, distribution, or breach of the terms and conditions associated with PPETrackerApp. This indemnification obligation extends to any third-party claims, including but not limited to claims for intellectual property infringement, data breaches, or violations of proprietary rights. The Purchaser acknowledges that any such unauthorized actions may result in significant financial and legal repercussions, and they assume full responsibility for all associated costs and liabilities. This indemnification provision is a fundamental element of this agreement, serving to protect the Company’s interests and ensure compliance with intellectual property laws and contractual obligations.

Remedies:

In the event of a breach of this agreement, the Company shall be entitled to pursue appropriate remedies, including but not limited to injunctive relief, monetary damages, and legal action to enforce its intellectual property rights. The Company reserves the right to seek injunctive relief to prevent the continued unauthorized use, copying, or unauthorized distribution of PPETrackerApp, ensuring the protection of its proprietary software and intellectual property. Moreover, the Company may seek monetary damages to recover any losses, costs, or expenses incurred as a result of the breach. Legal action may be initiated to enforce the terms of this agreement and protect the Company’s rights under intellectual property laws. These remedies are integral to safeguarding the Company’s interests and preserving the integrity of PPETrackerApp.

Termination:

Either party may terminate this perpetual license agreement for cause upon written notice to the other party. Upon termination, the Licensee shall immediately cease all use of the PPETrackerApp software and delete or destroy all copies thereof.

Jurisdiction and Venue: Any disputes arising out of or related to this perpetual license agreement shall be resolved in accordance with the laws of the State of Ohio, and shall be subject to the exclusive jurisdiction of the state and federal courts located in Lucas County.

Entire Agreement:

No Waiver:

The failure of either party to enforce any provision of this perpetual license agreement shall not be deemed a waiver of such provision or of the right to enforce such provision in the future.

Proprietary Mobile App License and Usage Agreement

In addition to these Terms and Conditions, your use of the PPETrackerApp mobile app is subject to the following Proprietary Mobile App License and Usage Agreement:

Proprietary Nature: The PPETrackerApp mobile app, along with the accompanying website and the idea behind the mobile app, are proprietary and confidential. They are licensed to you or your company for use solely under the terms of this license agreement. Under no circumstances is the PPETrackerApp mobile app or its associated components to be considered “sold” or eligible for redistribution by any user or company.

Modification Rights: PPETrackerApp mobile app, along with the accompanying website reserves the unconditional right to change, modify, suspend, or discontinue its copy of the Rig Routes, LLC mobile app at any time without prior notice.

Restrictions on Reverse Engineering: You are explicitly prohibited from attempting to reverse engineer, decompile, or disassemble the PPETrackerApp mobile app, along with the accompanying website for the purpose of sale or profit. Such actions are unlawful and infringe upon the proprietary rights of Rig Routes, LLC.

Disclaimer: The PPETrackerApp mobile app, along with the accompanying website is provided on an “as is” and “as available” basis, without any warranties or representations by PPETrackerApp regarding its performance or suitability for any specific purpose.

By using the PPETrackerApp mobile app, along with the accompanying website, you acknowledge and agree to these terms and conditions, and you expressly understand that any unauthorized redistribution of the mobile app for profit constitutes a violation of proprietary rights and applicable laws.

To make this very clear; the PPETrackerApp mobile app is licensed, not sold, to you for use only under the terms of this license agreement. You or your company may not reverse engineer, decompile, or disassemble the PPETrackerApp mobile app for any re-sale for profit.

Licensee may not use the PPETrackerApp mobile app on any device that Licensee does not own or control.

PPETrackerApp mobile app, along with the accompanying website reserves the right to modify, suspend, or discontinue the PPETrackerApp mobile app at any time without notice.

The PPETrackerApp mobile app is provided on an “as is” and “as available” basis, and PPETrackerApp mobile app, along with the accompanying website makes no representations or warranties of any kind regarding the PPETrackerApp mobile app.

Termination of Agreement:

While we sincerely hope that you find our Service valuable, we understand that circumstances can change. If, for any reason, you wish to terminate this agreement or discontinue using our Service, we respect your decision. You can do so at any time by ceasing to use the Service and closing your user account if applicable.

A grateful message from PPETRackerApp

We would like to express our gratitude for choosing Rig Routes, LLC. We hope that our Service has been beneficial to you. If you have any questions or require further assistance, please don’t hesitate to reach out to our support team.

Thank you for considering our Service. We wish you the best in your endeavors.

Warm regards,

PPETrackerApp

support@ppetrackerapp.com