Solustica

These Terms of Use govern your access to and use of Solustica’s websites, applications, software and logistics optimization tools.

By creating an account, accessing or using the Services, you agree to these Terms.

If you use the Services on behalf of a company or another organization, you confirm that you have authority to accept these Terms on its behalf.

1. About Solustica

The Services are provided by Solustica Ltd. Our registered office is Frishman St 28, Petah Tikva, Israel and our registration number is 517356002. “Solustica,” “we,” “us” and “our” refer to the entity identified above.

2. The Services

Solustica develops logistics planning, optimization and decision-support tools, which may include:

route planning;
pallet building;
truck loading;
container loading;
elevator-fit calculations;
stairwell and access-fit calculations;
product and logistics-data management;
visualizations, reports and recommendations; and
related software, prototypes and services.

These products and features are collectively referred to as the “Services.”

Some Services may be experimental, incomplete or available only to early adopters, design partners or selected users.

3. Who May Use the Services

The Services are designed primarily for businesses and professional users. However, individuals may also use the Services where the relevant feature is made available to them.

You must:

be at least 18 years old;
be legally able to enter into an agreement;
provide accurate account information;
use the Services lawfully; and
comply with these Terms.

If you use the Services for personal purposes, any mandatory consumer rights available under applicable law remain unaffected.

If your organization has entered into a separate written agreement with Solustica, such as a Design Partner Agreement or Order Form, that agreement will control if it conflicts with these Terms.

4. Accounts and Access

You are responsible for:

keeping your account information accurate;
protecting your login credentials;
restricting access to authorized persons;
activity performed through your account; and
notifying us promptly of suspected unauthorized access.

You must not share an individual account between unrelated users or allow unauthorized persons to access the Services.

Subject to these Terms, Solustica grants you a limited, non-exclusive, non-transferable and revocable right to use the Services for your internal business or personal purposes.

You may not resell, sublicense or provide commercial access to the Services unless Solustica has approved this in writing.

5. Early-Access and Beta Services

Certain Services may be identified as alpha, beta, pilot, preview, early-access, experimental or otherwise under development.

You understand that such Services may:

contain errors or incomplete functionality;
produce inaccurate or incomplete results;
be unavailable from time to time;
change without notice;
lose or fail to process information;
not be compatible with future versions; or
be suspended or discontinued.

Early-access Services are provided primarily for testing, evaluation and feedback.

Solustica does not promise that any early-access feature will:

become commercially available;
remain available;
be released by a particular date;
include any specific functionality; or
be offered at any particular price.

Unless Solustica expressly approves otherwise in writing, early-access Services must not be used as the sole basis for critical production, safety or financially significant decisions.

6. Logistics Outputs and User Responsibility

The Services may generate routes, calculations, layouts, configurations, visualizations, capacity estimates and other recommendations, collectively referred to as “Outputs.”

Outputs are decision-support recommendations. They are not professional certifications or guaranteed instructions.

Outputs depend on the information provided by users and on assumptions, algorithms and third-party information. Results may be incorrect where, for example:

dimensions or weights are inaccurate;
packaging differs from the information entered;
quantities change;
physical obstacles are not recorded;
vehicle or equipment information is incomplete;
traffic or mapping data is inaccurate;
access conditions change; or
relevant operational constraints are omitted.

Before relying on an Output, you must independently confirm all relevant information, including as applicable:

dimensions, weights and quantities;
product and packaging condition;
truck, pallet, container or equipment capacity;
load distribution and cargo-securing requirements;
elevator, stairwell, doorway and building measurements;
physical access conditions;
route and road restrictions;
current traffic and weather conditions;
manufacturer requirements;
workplace and transport safety requirements; and
applicable legal or regulatory requirements.

You retain full control over and responsibility for all final decisions and activities, including:

route selection;
loading and unloading;
pallet construction;
cargo securing;
vehicle operation;
delivery execution;
product handling;
physical site inspection;
workplace safety; and
implementation or rejection of an Output.

The Services do not replace qualified engineering, transport, safety, architectural, insurance, legal or other professional advice where such advice is appropriate.

You must maintain meaningful human review where an incorrect Output could result in injury, property damage, damaged goods, regulatory violations or significant operational loss.

7. Your Data

“User Data” means information, files, dimensions, addresses, photographs, product records, order information and other content that you submit to the Services.

You retain your rights in your User Data.

You grant Solustica and its authorized service providers a limited right to host, store, copy, transmit and process User Data as reasonably necessary to:

provide the Services;
generate Outputs;
provide support;
maintain and secure the Services;
investigate errors or misuse; and
comply with legal obligations.

You are responsible for ensuring that:

you have the right to provide the User Data;
the User Data is accurate and lawful;
you have provided any required privacy notices;
you have obtained any required permissions; and
our permitted processing does not violate another person’s rights.

You should provide only the data reasonably necessary to use the Services.

Where possible, use anonymous, synthetic or pseudonymous data instead of identifiable personal information.

Unless Solustica has expressly approved otherwise in writing, you must not upload:

complete payment-card or banking credentials;
government identification numbers;
medical information;
biometric information;
criminal-record information;
information concerning children;
passwords for third-party systems; or
other highly sensitive information not required for the Services.

Our handling of personal information is further described in the Solustica Privacy Policy. Where Solustica processes personal information on behalf of a business customer, additional data-processing terms may apply.

8. Acceptable Use

You must not:

use the Services unlawfully or fraudulently;
submit information that infringes another person’s rights;
gain or attempt to gain unauthorized access;
interfere with the operation or security of the Services;
introduce viruses, malware or harmful code;
bypass technical or usage restrictions;
conduct security or vulnerability testing without written approval;
scrape or access the Services through unauthorized automated means;
use the Services to mislead customers or authorities;
use the Services to facilitate unsafe activity;
resell or distribute the Services without approval;
reverse engineer, decompile or disassemble the Services;
attempt to discover source code, algorithms or proprietary methods;
copy or create derivative works from the Services;
remove proprietary notices; or
use the Services or confidential Outputs to develop or improve a competing product.

These restrictions apply only to the extent permitted by mandatory law.

We may remove content, restrict access or suspend an account where we reasonably believe these Terms have been violated or where continued use creates a legal, security or safety risk.

9. Ownership and Feedback

Solustica and its licensors own all rights in the Services and related technology, including:

software;
source code and object code;
algorithms;
optimization methods;
designs and interfaces;
models;
databases and database structures;
documentation;
reports and report formats;
updates and improvements; and
trademarks and branding.

Except for the limited right to use the Services under these Terms, no intellectual-property rights are transferred to you.

If you provide ideas, suggestions, comments or other feedback, you grant Solustica a worldwide, perpetual, irrevocable, royalty-free and transferable right to use and incorporate that feedback into its products and business without payment or attribution.

This does not transfer ownership of your User Data or pre-existing intellectual property.

Solustica may create and use aggregated or properly de-identified information derived from use of the Services for analytics, security, research and product improvement, provided that it does not identify you or another individual.

Unless separately agreed in writing, Solustica will not use identifiable personal information in User Data to train generalized artificial-intelligence models for Solustica’s independent benefit.

10. Fees and Paid Services

Some Services may be offered free of charge, while others may require payment.

The applicable price, subscription period, included functionality and usage limits will be disclosed before purchase or stated in an Order Form.

Unless clearly disclosed before purchase, a paid subscription will not automatically renew.

Where automatic renewal is offered, Solustica will disclose:

that the subscription renews automatically;
the renewal period;
the renewal price or pricing method; and
how to cancel renewal.

Fees are exclusive of applicable taxes unless stated otherwise.

Business customers must pay invoices according to the applicable Order Form or invoice.

Individual users retain any mandatory cancellation, refund, conformity or other consumer rights provided by applicable law.

Nothing in these Terms removes a refund, cancellation or remedy that cannot lawfully be excluded.

11. Third-Party Services

The Services may rely on or integrate with third-party services, including mapping, traffic, hosting, authentication, payment and communication providers.

Third-party services may be governed by their own terms and privacy policies.

Solustica is not responsible for an independent third party’s:

accuracy;
availability;
security;
pricing;
data practices; or
decision to modify or discontinue its service.

When you enable a third-party integration, you authorize Solustica to exchange the information reasonably necessary to operate that integration.

12. Service Changes, Suspension and Termination

Solustica may update or change the Services, including by adding, modifying or removing features.

We may suspend or restrict access where reasonably necessary to:

maintain or secure the Services;
investigate suspected misuse;
address a legal or regulatory requirement;
prevent harm to users or third parties;
respond to non-payment; or
address a material violation of these Terms.

Where reasonably practicable, we will provide notice and an opportunity to correct a remediable issue.

You may stop using the Services at any time. Account deletion and subscription cancellation may be subject to the applicable account settings, Order Form and mandatory consumer rights.

Solustica may terminate free or early-access Services at any time. Where reasonably practicable, we will provide advance notice.

After termination:

your right to use the Services ends;
outstanding payment obligations remain due;
you should export any User Data that you need; and
Solustica may delete User Data according to its Privacy Policy, applicable agreement and retention procedures.

Provisions concerning ownership, confidentiality, payment, disclaimers, liability and dispute resolution will continue after termination.

13. Disclaimers

To the maximum extent permitted by applicable law, the Services and Outputs are provided “as is,” “as available” and “with all faults.”

Solustica does not guarantee that the Services will:

always be available or error-free;
produce accurate or complete Outputs;
identify the optimal route or configuration;
fit products into a particular vehicle, pallet, container or physical space;
eliminate manual work;
prevent damage, delays or cancellations;
reduce costs or produce savings;
meet every operational requirement; or
comply automatically with every applicable law or standard.

To the maximum extent permitted by law, Solustica disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement and achievement of a particular result.

Nothing in these Terms excludes warranties, remedies or other rights that cannot lawfully be excluded, particularly where you use the Services as a consumer.

14. Limitation of Liability

14.1 Business users

If you use the Services for business or professional purposes, then to the maximum extent permitted by law, Solustica will not be liable for:

indirect, incidental, special, punitive or consequential damages;
lost profits, revenue, savings or business opportunities;
business interruption;
loss or corruption of data;
delayed or cancelled deliveries;
replacement transport, equipment, labor or crane costs;
damage to goods, vehicles, buildings, elevators or stairwells;
customer claims or refunds; or
losses resulting from reliance on an Output.

For paid Services, Solustica’s total aggregate liability will not exceed the amount paid by you for the affected Services during the six months preceding the event giving rise to the claim.

For free, trial or early-access Services, Solustica’s total aggregate liability will not exceed US$100.

14.2 Individual users

If you use the Services primarily for personal purposes, Solustica’s liability will be limited only to the extent permitted under the mandatory consumer laws that apply to you.

14.3 Non-excludable liability

Nothing in these Terms excludes or limits liability where doing so is prohibited by law, including liability that cannot lawfully be excluded for fraud, willful misconduct, death or personal injury.

15. Business-User Indemnification

This Section applies only where you use the Services on behalf of a business, organization, trade or profession.

You will defend and indemnify Solustica against third-party claims, damages and reasonable legal costs arising from:

unlawful or infringing User Data;
your unlawful processing instructions;
misuse of the Services;
your violation of these Terms;
your failure to verify an Output;
your logistics or operational activities; or
injury or property damage caused by your implementation of an Output.

This obligation does not apply to the extent the claim was caused directly by Solustica’s fraud, willful misconduct or liability that cannot legally be excluded.

16. Changes to These Terms

We may update these Terms to reflect changes to the Services, legal requirements, security needs or our business practices.

We will update the “Last updated” date when changes are published.

For material changes, we will provide reasonable additional notice where required.

Material changes will not retroactively remove mandatory rights or materially change how previously collected personal information is used without any notice or consent required by applicable law.

17. Governing Law

These Terms are governed by the laws of the State of Israel, without regard to conflict-of-laws principles.

The competent courts located in Tel Aviv–Jaffa, Israel will have exclusive jurisdiction over disputes relating to the Services or these Terms.

Before commencing proceedings, business users and Solustica will attempt in good faith to resolve the dispute through direct discussions for at least 14 days, except where urgent relief is required.

If you use the Services as a consumer, this Section does not remove any mandatory right to bring a claim before a court or authority in your country of residence.

18. General Provisions

These Terms, the Privacy Policy and any applicable separate agreement constitute the agreement between you and Solustica concerning the Services.

If a provision is found unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will continue in effect.

Failure to enforce a provision is not a waiver of that provision.

You may not transfer your account or rights under these Terms without Solustica’s written approval.

Solustica may transfer these Terms in connection with a merger, financing, corporate reorganization or sale of the relevant business or assets.

The Parties are independent contractors. These Terms do not create a partnership, agency, employment or joint-venture relationship.

19. Contact

Questions concerning these Terms may be sent to:

Solustica
Email: info@solustica.com