Terms of Service

Last updated: April 2026

1. Acceptance of Terms

By accessing or using ABY ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

ABY is a yard management platform that provides appointment scheduling, gate operations, real-time yard visibility, and related tools for warehouses and distribution centers.

3. Accounts

You are responsible for maintaining the security of your account credentials. You must provide accurate information when creating an account. You are responsible for all activity under your account.

4. Subscription & Billing

Paid plans are billed monthly or annually as selected. You may upgrade or downgrade at any time. Refunds are handled on a case-by-case basis. After a free trial ends, your account will pause until a plan is selected — no data is deleted for 30 days.

5. Acceptable Use

You agree not to misuse the Service, attempt to gain unauthorized access, interfere with other users, or use the Service for any illegal purpose. You may not reverse engineer, decompile, or attempt to extract the source code of the Service.

6. Intellectual Property

The Service, including its design, code, features, documentation, and branding, is owned by ABY Platform and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service. You may not copy, modify, distribute, or create derivative works of the Service.

7. Data Ownership

You retain ownership of all data you submit to ABY. We will not access your data except to provide the Service or as required by law. You may export or delete your data at any time.

8. Service Availability

We aim to provide 99.9% uptime once the Service is generally available. Planned maintenance will be communicated in advance. We are not liable for downtime or service interruptions.

9. Termination

Either party may terminate this agreement at any time. You may cancel your subscription through your account settings or by contacting us. We may suspend or terminate your access if you violate these terms. Upon termination, your right to use the Service ceases immediately. Your data will be retained for 30 days after termination, during which you may export it. After 30 days, data may be permanently deleted.

10. Indemnification

You agree to indemnify, defend, and hold harmless ABY Platform, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these terms, or your violation of any third-party rights.

11. Limitation of Liability

To the maximum extent permitted by law, ABY shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. Our total aggregate liability shall not exceed the amount paid by you in the 12 months preceding the claim.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Force Majeure

ABY shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, cyberattacks, pandemics, or utility outages.

14. Governing Law & Jurisdiction

These terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts located in the State of Delaware.

15. Changes to Terms

We may update these terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before they take effect. Continued use after the effective date constitutes acceptance of the revised terms.

16. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Contact

Questions about these terms? Contact us at legal@abyplatform.com.