Terms of service

Acceptance

These terms are a contract between ModestGram LLC ("ModestGram") and the subscriber that staffs shifts on the board. The person who opens the account represents that they may bind that desk. A clerk, a driver, or a dispatcher who receives a login is bound by the parts of these terms that describe acceptable use and signatures, whether or not they saw the invoice. If you do not agree, do not staff a shift and do not sign a slip in the product.

The public pages describe the product. They are not a promise that a particular probe, trailer, or lot will be connected on a particular night. A feed is connected when we confirm we can parse it, as described on the recorders page. A sample night is not a warranty that every later file will match.

The service

ModestGram is subscription software for cold-storage shift supervisors and the dispatchers who send refrigerated trucks. It keeps a board with time on the left and a person or a unit on the row. It records when a room or a reefer leaves the limit the desk set. It opens one quarantine slip for the lot, names where the goods were isolated, takes the driver's accept or refuse on that same slip, and stores the supervisor's release or the written pass-down that says the hold continues.

The product does not replace the subscriber's own duty to decide whether goods are fit to move. It does not certify a temperature. It records the reading, the limit, and the time that the desk or the feed sent. A probe that fails, repeats its last value, or is swapped is an equipment fact the subscriber must still manage. A return of the reading into range is not a release. Only a supervisor signature, by a person allowed to release on that desk, closes the hold.

We may change the layout of a slip or the text of an error if the meaning stays the same: one open slip per lot, a driver mark that is accept or refuse, and a release that is a separate act. If we remove a kind of shift from the rate card, we will say so before a new shift of that kind is staffed. Shifts already started keep the rate that was on the card when they started.

Accounts and the roster

Accounts are opened for a desk that subscribes. Each person signs in with the email on the roster and a password. The subscriber assigns roles. A clerk may open a slip and write the cage. A driver may sign accept or refuse on a slip that is already open. A dispatcher may see the arrival row and the mark. A supervisor may sign a release and write or read the pass-down. The subscriber must take a login off the roster when that person no longer works the shift.

You will not share a password between two people on purpose to hide who signed. The name on the signature line should be the person who signed. If a login fails, the product tells you the credentials are not on the shift. It does not open the board on a guess. Password help is requested from support@modestgram.com and stays a reset for that roster name. We may suspend a login that shows repeated failures or an attempt to read another desk.

Shifts, fees, and invoices

Fees are charged per staffed shift, in USD, at the rate card published on the board for a room shift, an arrival shift, or a pass-down shift. The current card is the one on the rates block of the site until we post a later card. You pay for a shift that started, even if the room never went out of range, because the board was staffed and ready to take a slip. You do not pay for a room that was dark, and you do not pay for a shift canceled before its start. We do not meter by the pallet, and we do not add a fee because a lot was refused.

Invoices are issued monthly in arrears for the shifts that started in that month. The subscription continues month to month until the account owner writes to support@modestgram.com to stop. Stopping takes effect before the next shift that has not yet started. Shifts already started are still invoiced. If a payment fails, we may pause new shifts after notice, and we will not delete open slips solely because an invoice is late. Amounts unpaid after the date on the invoice may be collected as the payment provider's terms and applicable law allow.

We may change a rate on thirty days' notice. The new rate applies to shifts that start after the notice period. It does not rewrite a shift that already started. Taxes, if any are due on the invoice under applicable law, are added as the law requires and are not a hidden second subscription. We do not ask you to keep a card on file beyond what the payment provider needs to collect the invoice.

Acceptable use

You will not enter a lot, a signature, or a reading for a desk you do not work. You will not forge a driver mark or a supervisor release. You will not use the API to read another subscriber's holds, to probe for tokens, or to flood the exceedance call with invented rooms. You will not upload a file that you do not have the right to store on the slip. You will not use the service to harass a driver or a clerk, or to store a note that is unrelated to a hold, a shift, or a pass-down.

A bearer token is a key to one desk. You will not paste it into a public page or a shared sheet that people outside the roster can read. If a token leaks, write to support@modestgram.com and we will revoke it. Calls made with that token before the revoke are still treated as calls from the desk, unless we can see they were not. You will not resell access to the board as if it were your own product.

Customer records

The subscriber owns the lot identifiers, goods descriptions, cage notes, readings, limits, and signature names it submits. ModestGram does not claim the berries, the pork, or the cheese. We claim the right to host, display, and back up those records for the term of the subscription and the retention described in the privacy policy, so the next shift can read them. You grant us that limited right. It ends when the record is deleted and the backup cycle has finished, except for an invoice we must keep under applicable law.

You are responsible for the accuracy of what the clerk types and for the feed you connect. If the lot sheet names the wrong pallets, the slip will name the wrong pallets until a person corrects it. We will keep the earlier text in the slip history when the product shows a correction, so a release cannot silently rewrite the night. You will not ask us to destroy that history in order to hide an exceedance that occurred.

Our privacy policy, on the privacy page, explains what we collect and how long we keep it. Where these terms and the privacy policy both speak about retention, the privacy policy controls the handling of personal information and these terms control the commercial right to host the record. A conflict that cannot be read that way is resolved in favor of the person named on the slip for their personal data, and in favor of the subscriber for the lot record, within applicable law.

Intellectual property

ModestGram owns the product, the board layout, the slip structure, the API, and the text we wrote on the public pages, aside from the subscriber's own records. You receive a right to use the product during a paid subscription, for the desks you staff. That right is not exclusive, not transferable, and not a sale of the software. You may not copy the slip structure to offer a competing board, and you may not strip our name off the product and present the board as yours.

If you send us a suggestion about a hold rule or a sentence on the slip, we may use it without owing you a fee. We will not treat your lot data as a suggestion. Feedback about wording is optional. You do not have to send it to keep the subscription.

Confidentiality

We will treat slip content, roster names, and tokens as confidential to the subscriber, and we will not disclose them except as the privacy policy allows: to providers who host or collect payment, to users on the same desk whose role allows the read, or where applicable law requires it. The subscriber will treat tokens, non-public rate arrangements, and any security note we send as confidential. A published rate card is not confidential. A one-desk arrangement that differs from the card is confidential until it is on an invoice the subscriber may share inside its own company.

Warranties and liability

The service is provided as a record of what the desk and the feeds send. We warrant that we will run the board with reasonable care and that we will not knowingly drop a signed release. We do not warrant that a probe is accurate, that a trailer will hold its setpoint, that a driver will tell the truth, or that goods will be fit after a hold. The subscriber owns those judgments. Except for the express warranty in this paragraph, the service is provided without other warranties, to the extent applicable law allows that limit.

Neither party is liable for lost profits, lost loads, or indirect damages, to the extent applicable law allows that exclusion. A refused trailer, a spoiled lot, or a missed window is the kind of loss this sentence means, even if we were told it was possible. Our total liability for a claim arising out of the service is limited to the fees you paid for staffed shifts in the three months before the claim. This cap does not apply to a liability that applicable law does not allow to be capped, including a liability for fraud or for willful misconduct.

You will defend ModestGram against a claim by a third party that your lot data, or a signature you stored, infringed that person's rights, if the claim is caused by what you submitted and not by our independent change to it. We will notify you of the claim. You will not settle it in a way that admits a fault on our side without our agreement. We will defend you against a claim that the product itself, used as these terms allow, infringes a third party's intellectual property, and we may choose to change the product or end the subscription and refund fees for shifts not yet started.

Suspension and ending

You may stop the subscription by writing to support@modestgram.com, as the fees section describes. We may suspend or end the subscription if you do not pay after notice, if you forge a signature, if you try to read another desk, or if applicable law requires us to stop. Where the reason can be fixed, we will say what to fix and give a reasonable time, unless delay would risk another subscriber's slips or a live forgery.

When the subscription ends, open slips remain readable to the account owner for the retention period in the privacy policy, unless you ask us to delete them sooner and applicable law allows the deletion. We will not keep a login active after the end except for that export window. A shift that started before the end is still invoiced. Ending the subscription does not erase a release that was already signed.

Applicable law and disputes

These terms are governed by applicable law. Disputes are brought in the courts of competent jurisdiction. We do not name a venue, a state, or a national court on this page. Before filing, the account owner will write to support@modestgram.com with a short description of the dispute and give us fifteen days to respond. That notice is not a limit on a right that applicable law says cannot be delayed, such as a request for urgent relief against a forged release that is about to be acted on.

If a court finds one sentence of these terms unenforceable, the rest stays in effect. A failure to enforce a sentence once is not a waiver. These terms, together with the privacy policy and an invoice that states a rate, are the whole agreement about the subscription. A note on a slip is not a change to these terms. A purchase order that adds conflicting terms does not change them unless we sign that change.

Changes to these terms

We may update these terms by posting a new version and changing the date at the top. If a change is material, we will notify the account owner at the login address before it applies to a new shift. A shift already started keeps the terms that applied when it started, for that shift's fee and for the slips opened on it. Continued staffing of a new shift after the notice is acceptance of the updated terms, where applicable law allows that form of acceptance.

Notices

Notices to ModestGram go to support@modestgram.com. That is the only address. Notices to the subscriber go to the account owner's login email. A notice is received when it is delivered to that mailbox, not when it is read. For a question about a shift before you subscribe, use the desk form. The form does not by itself open an account or isolate a lot.