Terms of Service
1. Parties and Acceptance
1.1 These Terms of Service (the “Terms”) are a binding agreement between New Age Domain LLC (“New Age Domain,” “we,” “us”) and the company or organization that subscribes to the NADX Suite (the “Client”), together with every individual who signs in on the Client’s behalf (each an “Authorized User”; together with the Client, “you”).
1.2 By clicking “I agree,” signing in, or using NADX, you accept these Terms. If you do not agree, you must not use NADX.
1.3 An Authorized User who accepts these Terms represents that he or she has authority to bind the Client to them.
2. The Service
2.1 NADX Suite (“NADX” or the “Service”) is a hosted, web-based software platform for delivery and logistics operations, including modules such as route assignment, payroll calculations, and claims management.
2.2 The modules available to you depend on the Client’s subscription and on the access granted by the Client’s administrator or by New Age Domain.
2.3 We may modify, add, or remove features of the Service from time to time.
3. License to Use; No Transfer of Ownership
3.1 Subject to these Terms, we grant the Client a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right for its Authorized Users to access and use the Service during the subscription term, solely for the Client’s internal business operations.
3.2 The Service is licensed, not sold. New Age Domain and its licensors retain all right, title, and interest in and to the Service, including all software, source code, designs, workflows, trademarks, documentation, and any improvements or derivative works. No ownership rights are transferred to you.
3.3 You shall not: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer, decompile, or attempt to extract its source code; (c) resell, rent, lease, sublicense, or provide the Service to third parties; (d) remove proprietary notices; (e) use the Service to build a competing product; or (f) access the Service by automated means, such as scraping or bots, except through features we provide.
3.4 Any suggestions or feedback you provide may be used by us freely and without obligation to you.
4. Accounts and Access
4.1 Accounts are created by New Age Domain or by the Client’s administrator. Each login is personal to one individual and shall not be shared.
4.2 Authorized Users must be at least eighteen (18) years old and authorized by the Client to use NADX on its behalf. NADX is a business tool and is not intended for consumers or children.
4.3 You are responsible for keeping your credentials confidential and for all activity under your account, and shall notify us immediately at info@newagedomain.com of any suspected unauthorized use.
4.4 Access is limited to the Client’s own company data. The Client is responsible for the access levels it requests or grants to its Authorized Users and for removing users who should no longer have access.
5. Suspension and Revocation of Access
5.1 Access to NADX is a privilege granted under these Terms. We may suspend, limit, or revoke access for any Authorized User or for the Client, in whole or in part, at any time, including, without limitation: (a) for breach of these Terms; (b) if fees are past due; (c) if we reasonably believe your use poses a security, legal, or operational risk; (d) if required by law; or (e) if we discontinue the Service or any module.
5.2 Where reasonably practicable we will give notice, but we are not required to do so before acting to protect the Service, other clients, or third parties.
5.3 The Client may revoke the access of any of its Authorized Users at any time.
6. Client Data
6.1 As between you and us, the Client owns the business data it enters or uploads to NADX (“Client Data”), such as employee rosters, routes, route-sheet images, claims, and photographs.
6.2 You grant us a limited license to host, process, and display Client Data only as needed to provide, secure, and support the Service, and as described in our Privacy Policy.
6.3 You are responsible for the accuracy and legality of Client Data and for having all notices, consents, and rights required to upload information about your employees, drivers, customers, and other persons.
6.4 You shall not upload information that NADX does not need, including Social Security numbers, bank or card numbers, medical information, or data about children.
6.5 Upon termination, the Client may request an export of its Client Data within thirty (30) days. After that period we may delete Client Data, except where we are required by law to retain it.
7. Third-Party Services
7.1 Certain features connect to third-party services you choose to use, such as Google (Gmail) or Microsoft (Outlook / Microsoft 365) mailboxes. Your use of those services is governed by their own terms.
7.2 You may disconnect an integration at any time. We are not responsible for third-party services.
8. Acceptable Use
8.1 You shall not use NADX to: (a) violate any law; (b) infringe the rights of others; (c) upload malware; (d) attempt to gain unauthorized access to any account, company, or system; (e) probe or test the Service’s security without our written permission; or (f) interfere with the Service or other clients.
9. Fees and Payment
9.1 Subscription fees, the billing period, and the modules included are stated in your order, quote, or invoice. All fees are disclosed before you are charged; there are no hidden fees.
9.2 Subscriptions renew automatically for successive billing periods unless cancelled before the renewal date. Fees are payable in advance and are exclusive of applicable taxes.
9.3 We may change prices with at least thirty (30) days’ written notice, effective at your next renewal.
9.4 Refunds are governed by our Refund Policy.
9.5 We may suspend access for fees more than fifteen (15) days past due after notice to the Client.
10. Term and Termination
10.1 These Terms apply for as long as you use NADX.
10.2 The Client may cancel at any time, effective at the end of the current paid billing period.
10.3 We may terminate these Terms or any subscription for convenience with thirty (30) days’ notice, or immediately for breach.
10.4 Clauses 3, 6, 11, 12, 13, 14, and 15 survive termination.
11. Disclaimers
11.1 THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.2 We do not guarantee that the Service will be uninterrupted or error-free.
11.3 Automated features, including text extracted from images (OCR), payroll and earnings calculations, and claim records, are aids only. You are responsible for reviewing their output before relying on it.
11.4 NADX does not provide legal, tax, accounting, payroll, insurance, or regulatory advice.
12. Limitation of Liability
12.1 TO THE FULLEST EXTENT PERMITTED BY LAW, NEW AGE DOMAIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL.
12.2 OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE FEES THE CLIENT PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
12.3 Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
13. Indemnification
13.1 The Client shall defend, indemnify, and hold harmless New Age Domain and its owners, employees, and contractors from any third-party claim, loss, or expense (including reasonable attorneys’ fees) arising from Client Data, the use of the Service by the Client or its Authorized Users, or a breach of these Terms.
14. Confidentiality
14.1 Each party shall protect the other’s non-public information with reasonable care and use it only for purposes of this agreement.
14.2 Non-public features, pricing, and documentation of NADX are our confidential information.
15. Governing Law and Disputes
15.1 These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law rules.
15.2 The state and federal courts located in Miami-Dade County, Florida, have exclusive jurisdiction, and each party consents to that jurisdiction.
15.3 Before filing any claim, the parties shall attempt in good faith, for thirty (30) days, to resolve the dispute informally by written notice to the other party.
16. Changes to These Terms
16.1 We may update these Terms from time to time. When we make material changes, we will update the version and effective date above and require you to accept the new Terms the next time you sign in.
16.2 If you do not accept updated Terms, you must stop using NADX.
17. General
17.1 These Terms, together with any order or invoice and the policies they reference, constitute the entire agreement between the parties regarding the Service.
17.2 If any provision is held unenforceable, the remaining provisions remain in full force and effect.
17.3 Our failure to enforce any provision is not a waiver of it.
17.4 You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
17.5 Neither party is liable for delays caused by events beyond its reasonable control.
18. Contact
18.1 Notices and questions regarding these Terms may be sent to:
New Age Domain LLC
Doral, Florida, USA
info@newagedomain.com · +1 (305) 877-5945