Service terms

These Commercial Service Terms (the “Terms ”) constitute a binding agreement between BargeIQ Inc. (“ BargeIQ,” “we,” “us”) and the business entity purchasing or using the BargeIQ platform, hardware, and related services (“Customer,” “you ”). By enrolling, submitting a paid estimate, or otherwise activating any BargeIQ service, Customer accepts these Terms.

1. Business-only service; no consumer purchases

BargeIQ is sold, licensed, and operated exclusively for commercial fleet operators and their authorized personnel. By enrolling, Customer represents and warrants that (a) it is a business entity, (b) all purchases and usage are for commercial purposes, (c) no purchase is a “consumer transaction” under any state or federal consumer-protection statute, and (d) the individual accepting these Terms is duly authorized to bind the entity. Customer waives, to the fullest extent permitted by law, any consumer-transaction remedies (including any right of rescission, cooling-off period, or consumer-fee limitation) that would otherwise apply.

2. Enrollment requires auto-replenish authorization

Activation of any BargeIQ tracker, cloud subscription, sensor point, API access tier, or app-user seat requires Customer to enroll a valid payment method and to authorize BargeIQ (and its payment processor) to automatically charge that method for (i) the initial annual estimate at signup, and (ii) all subsequent auto-refill charges when the fleet-account balance falls below the applicable threshold. Service will not activate without a valid, chargeable payment method on file.

3. Payment methods; retry order

Customer may register up to two payment methods. On each charge attempt BargeIQ will attempt the primary method first; on failure the backup method is attempted before the dunning cycle begins. Customer is responsible for keeping both methods current, funded, and authorized for the estimated charge amount.

4. Fleet-account balance; per-active-day billing

Charges accrue per active day at the rates set forth in Customer's most recent estimate or as adjusted by Customer through the admin console. Trackers, sensor points, app-user seats, and API access tiers each contribute independently to the daily draw. Customer's fleet-account balance decreases each active day accordingly. Balance is non-refundable, non-transferable between customer accounts, and is not a deposit.

Auto-recharge trigger and amount. When Customer's fleet-account balance drops to $90.00 USD or less, BargeIQ will initiate an auto-recharge on the payment methods on file. The auto-recharge amount is calculated as $90.00 USD multiplied by the number of trackers enrolled in Customer's fleet at the time of the recharge. For example, a 10-tracker fleet is charged $900.00 per recharge cycle. Recharge amount is recomputed at each cycle to reflect Customer's current tracker count.

5. Dunning schedule

If both payment methods fail:

Hours 0–72. BargeIQ retries the charge on an escalating schedule and notifies Customer via email, SMS, and in-app banner.

Day 3. New tracker enrollment, API access, and administrative configuration are paused. Live tracking, breakaway detection, hard-hit detection, and chat remain available for trackers already deployed.

Day 7. BargeIQ deactivates cellular transmission on all Customer trackers. The trackers themselves continue to operate, recording position, heartbeat, AIS, hard-hit, and configured sensor data to on-device storage (approx. 30-day capacity on MT-1, 90-day capacity on MT-2). Real-time alerts — breakaway push, hard-hit push, geofence entry/exit, chat — are suspended for the duration of the cellular pause. Customer's crew remains solely responsible for situational awareness during any payment pause.

Day 30. Account is closed. Customer's platform access is revoked, including any data-export functionality. Trackers continue recording to on-device storage until local capacity is exhausted, at which point the oldest records are overwritten by newer ones per the tracker's ring-buffer policy.

6. Data retention and access after closure

Upon account closure Customer forfeits the ability to view, export, download, or transfer any Customer data through the BargeIQ platform. BargeIQ will retain (a) breakaway events, hard-hit events, and alarm acknowledgement records for a minimum of two (2) years to preserve records of the type contemplated by USCG Subchapter M requirements, and (b) invoice, payment, and account records as required by applicable tax and accounting law. Non-compliance-critical Customer data (position history, dashboard configuration, saved views) may be purged from active storage at that point at BargeIQ's discretion. Retention of data does not entitle Customer to access to that data while the account is closed.

7. Reactivation

Customer may request account reactivation at any time. Reactivation is subject to (a) a $500 reactivation fee, (b) payment in full of all outstanding balance owed at the time of closure, and (c) a fresh ninety (90) day prepay at Customer's most recent daily burn rate. Cellular service on Customer's trackers resumes when the reactivation payment clears. Any data buffered on-device during the pause is uploaded automatically upon reconnection, subject to available on-device storage capacity at the time cellular was reactivated. Retained compliance data becomes accessible to Customer through the platform again upon reactivation.

8. Data ownership; license to operate

Customer retains all right, title, and interest in and to the data Customer generates or provides through the Service (“ Customer Data”). Customer grants BargeIQ a worldwide, non-exclusive, royalty-free license to host, process, transmit, store, and display Customer Data solely to provide the Service, to generate aggregated and anonymized analytics not attributable to Customer, and to fulfill BargeIQ's legal obligations. BargeIQ may retain and use AIS relay data contributed by Customer trackers as part of the public and industry AIS record.

9. Not a substitute for crew, watchstanding, or professional judgment

BargeIQ is a decision-support tool that supplements — but does not replace — a mariner's professional judgment, a licensed captain's authority, or a fleet operator's regulatory obligations. Customer acknowledges that (i) real-time alerts may be delayed, missed, or entirely suspended due to loss of cellular coverage, tracker damage, power failure, sensor malfunction, or a payment pause under Section 5 (during which the tracker continues to record locally but does not transmit), (ii) BargeIQ shall not be liable for any loss, injury, damage, or regulatory consequence arising from reliance on the Service or from the absence of real-time alerts during any pause, and (iii) Customer remains solely responsible for compliance with all applicable maritime regulations, including USCG Subchapter M, at all times regardless of Service status.

10. Service warranties disclaimed

THE SERVICE AND HARDWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, BARGEIQ DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BARGEIQ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ALERTS WILL BE TIMELY OR RECEIVED. HARDWARE-SPECIFIC WARRANTY TERMS, IF ANY, ARE STATED SEPARATELY IN THE APPLICABLE HARDWARE ORDER.

11. Limitation of liability

IN NO EVENT SHALL BARGEIQ'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS EXCEED THE TOTAL FEES PAID BY CUSTOMER TO BARGEIQ IN THE TRAILING TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. BARGEIQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF CARGO, LOSS OF VESSEL, LOSS OF LIFE, PERSONAL INJURY, DELAY, LOST BUSINESS OPPORTUNITY, OR REGULATORY PENALTY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF BARGEIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF THIS SECTION APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE.

12. Customer indemnification

Customer shall defend, indemnify, and hold harmless BargeIQ and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from (a) Customer's breach of these Terms, (b) Customer's use of the Service, (c) Customer's violation of any applicable law or regulation, or (d) any third-party claim related to Customer's operations, cargo, vessels, personnel, or fleet activity.

13. Prohibited uses

Customer shall not (a) resell, sublicense, or otherwise commercially exploit the Service to third parties except as expressly permitted through the fleetmate feature, (b) reverse engineer, decompile, or attempt to derive the source of the Service or firmware, (c) use the Service in violation of any law or regulation, (d) attempt to access or interfere with another customer's account, or (e) use the Service for any life-safety application requiring guaranteed alert delivery — the Service is a decision-support tool and does not provide such guarantees.

14. Suspension for cause

BargeIQ may suspend or terminate Customer's access to the Service, in whole or in part, immediately and without prior notice if BargeIQ reasonably believes Customer has (a) breached these Terms, (b) engaged in activity that materially threatens the security, integrity, or availability of the Service to other customers, or (c) used the Service in a manner that exposes BargeIQ to material legal, regulatory, or reputational risk.

15. Modifications

BargeIQ may modify these Terms from time to time. Material changes will be communicated to Customer via email or in-app notice at least thirty (30) days before taking effect. Customer's continued use of the Service after the effective date constitutes acceptance of the modified Terms.

16. Governing law; venue; jury and class waiver

These Terms are governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Allegheny County, Pennsylvania. Each party waives any right to a jury trial and to participate as a plaintiff or class member in any purported class or collective proceeding.

17. Force majeure

Neither party shall be liable for any failure or delay in performance (except payment obligations) resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, pandemic, government action, labor dispute, cellular carrier outage, satellite failure, or interruption of a third-party service on which the Service depends.

18. Assignment

Customer may not assign these Terms or any of its rights or obligations without BargeIQ's prior written consent. BargeIQ may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law without Customer's consent.

19. Notices

Notices to BargeIQ shall be sent to legal@bargeiq.com. Notices to Customer will be sent to the email address on file for the Customer's primary administrator. Either party may update its notice address by written notice to the other.

20. Entire agreement

These Terms, together with any hardware order accepted by Customer and any BargeIQ-issued privacy notice referenced by Customer's account, constitute the entire agreement between the parties with respect to the Service and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral. No purchase order, boilerplate terms, or other document provided by Customer shall modify these Terms even if accepted or acknowledged by BargeIQ.

21. BargeIQ text message (SMS) alerts

Program. BargeIQ Alerts is an optional text-message program for users of a BargeIQ customer account. It sends the operational fleet alerts that the user's company enables for the barges, boats and trackers the user is assigned to, such as barge breakaway, geofence and fleeting-area, battery, impact (hard-hit), sensor, engine, tracker-offline and vessel-traffic alerts, plus messages that verify a number or confirm or end enrollment. BargeIQ Alerts never sends marketing or promotional messages.

How to enroll. Text alerts are off by default. A user can enroll in the BargeIQ app in either of two places: on the optional Text message alerts step shown when they first set up their account with an invitation code, or later in Settings › Notification Preferences by turning on Text message alerts. In both places the user enters their own mobile number, checks an unchecked box agreeing to these terms, and enters the verification code we text to that number. The user can skip this step. Consent to receive text messages is not a condition of any purchase.

Message frequency. Message frequency varies with fleet activity and the alerts the user's company enables.

Cost. Message and data rates may apply. Your wireless carrier's rates apply to messages you send and receive.

Opting out. Reply STOP to any BargeIQ message at any time to cancel. You will receive one final message confirming you have been unsubscribed, and no further texts will be sent unless you enroll again. You can also turn off Text message alerts in the app.

Help. Reply HELP to any BargeIQ message, email support@bargeiq.com, or call +1 (412) 677-9770.

Delivery. Wireless carriers are not liable for delayed or undelivered messages. Text alerts supplement, and do not replace, push notifications, watchkeeping and the other safeguards described in Section 9.

Privacy. Mobile numbers and text-message consent are handled as described in our Privacy policy.