1. Acceptance of Terms

By registering for or using RailScanPro ("Service"), operated by Winsit LLC ("we", "us"), you ("User") agree to be bound by these Terms of Service. If you do not agree with any part of these Terms, you must not use our Service.

2. License

Subject to your compliance with these Terms and timely payment of all applicable fees, we grant you a limited, non‑exclusive, non‑transferable, and revocable license to access and use the RailScanPro Service in accordance with your subscription plan.

Portions of the Service incorporate open‑source software, which is licensed to you under their respective open‑source licenses (e.g., MIT, Apache 2.0, BSD, LGPL) and remain governed by those license terms. Nothing in these Terms limits your rights under, or grants you rights that supersede, any applicable open‑source licenses. Attribution, notices, and license texts are provided in our LICENSE.txt (or equivalent) documentation.

3. Acceptable Use

Purpose & Scope: This section governs your use of the Service and applies to all Users (“you,” “your”) and modes of access.

3.1 Permitted Uses

• Uploading and managing data and images related to your personal or organizational railcar inventory.
• Accessing and using features, tools, integrations, or APIs included in your subscription plan.
• Sharing content with Authorized Users in accordance with your organization's permissions.

3.2 Prohibited Conduct

You must not:

• Disrupt, degrade, or interfere with the availability or performance of the Service (e.g., DDoS attacks, scraping, brute-force, injection).
• Upload or communicate content that violates laws, infringes rights, or is defamatory, obscene, harassing, discriminatory, or hateful.
• Attempt unauthorized access to other users' accounts or our systems.
• Reverse-engineer, decompile, or bypass any security or access controls.
• Impersonate others, provide misleading identity or metadata, or misrepresent credentials.
• Use the Service for unauthorized commercial resale, distribution, or other activities not permitted by your subscription.

3.3 Enforcement & Remedies

We reserve the right, in our discretion, to issue warnings, suspend, or permanently terminate accounts for violations. We may cooperate with law enforcement or pursue legal remedies for misuse related to intellectual property, privacy violations, or criminal misconduct.

4. Billing & Payment

4.1 Payment Processing

We use Stripe, Inc. ("Stripe") to securely process all subscription payments and related transactions. By subscribing to a RailScanPro plan, you authorize us to share relevant billing information—such as name, email, billing address, and payment method details—with Stripe to facilitate payments, fraud prevention, and transaction processing. We do not store or have access to your full payment credentials (e.g., card number, CVV).

4.2 Billing & Fees

• Subscription fees are charged according to your selected plan and billing cycle (monthly or annual).
• Unless cancelled before the renewal date, subscriptions automatically renew at the applicable rate.
• Timely payment is your responsibility. Accounts may be suspended or terminated for non‑payment.

4.3 Refunds & Disputes

• Refunds are issued at our discretion. Please contact support within 30 days of the charge.
• You acknowledge that Stripe handles disputes and chargebacks, and you are subject to Stripe's outcomes and fees.

4.4 Third‑Party Terms

Your use of Stripe‑processed payments is subject to Stripe's Services Agreement and Privacy Policy. By using the Service, you agree to comply with those terms in addition to these Terms.

5. Termination

5.1 Term & Renewal

The term of this Agreement is the Subscription Term associated with your chosen plan. Unless you cancel before the end of the current term, your subscription will automatically renew for successive terms of equal length (e.g., monthly or annually). To cancel auto‑renewal, you must provide written notice at least 30 days before the end of the then-current term, in compliance with Illinois' Automatic Contract Renewal Act (815 ILCS 601).

5.2 Termination by You

• For monthly plans: cancel anytime before the next billing date; termination takes effect at the end of that billing cycle.
• For annual plans: cancel at least 30 days prior to renewal to avoid being charged for the next term.

5.3 Termination or Suspension by Us

We may suspend or terminate your access if:

• You materially breach these Terms and fail to cure within 10 days of notice.
• Your payment is delinquent or Stripe suspends processing.
• You engage in misconduct as described in Section 3.
• Legal, technical, security, or regulatory reasons require it.

5.4 Effect of Termination

• Your access to the Service ends immediately upon termination.
• You remain responsible for any charges accrued through the effective date.
• Upon request, we will provide data export or migration assistance in a commonly used format (fees may apply).
• After termination, we may delete your account, images, metadata, and personal data in accordance with our Data Retention policy (Section 7).

5.5 Survival

Sections regarding payment obligations, data retention, ownership, confidentiality, indemnity, warranty disclaimers, and limitations of liability will survive termination or expiration of this Agreement.

6. Data & Privacy

6.1 Ownership of Data

You retain all ownership rights in the data, content, and images ("User Content") you upload to the Service. Winsit LLC does not claim ownership and processes your content only to provide, maintain, and improve the Service, in accordance with our Privacy Policy.

6.2 Data Collection and Use

• We collect only data necessary to operate the Service—such as registration information, account credentials, usage analytics, and technical logs.
• We do not sell or rent your personal data under any circumstances.
• We may use anonymized or aggregated data for internal analytics, service improvement, and research.

6.3 Third‑Party Processors

We engage trusted third‑party processors (e.g., Stripe for payments, AWS for hosting, analytics providers) under contractual obligations to protect your data. We share only the minimal information necessary for them to perform their services, consistent with standard SaaS practices.

6.4 Security Measures

We implement industry‑standard security measures, including encryption in transit and at rest, strict access controls, routine audits, and an incident response plan to safeguard your User Content.

6.5 User Rights & Privacy Policy

Your data rights—such as access, correction, portability, deletion, and processing of sensitive categories—are detailed in our publicly available Privacy Policy, which is hereby incorporated into these Terms by reference. By using the Service, you also agree to the terms and practices set forth therein.

6.6 Legal Compliance

We may disclose User Content if required by law—for example, in response to legal process, court order, or regulatory requirements—or to protect our rights, property, or safety, as further described in our Privacy Policy.

7. Data Retention

• Account & billing data: retained up to 7 years for tax and audit compliance.
• System logs: retained up to 3 years for security and audits.
• User-uploaded images & metadata: removed within 30 days after deletion of an item or account, unless legal hold applies.
• Biometric data (if collected): destroyed within 3 years of last interaction or after fulfillment of its purpose, in accordance with Illinois law.

If you request deletion of your data, we will delete it within 30 days unless required by law or involved in ongoing litigation or audits.

8. Disclaimer & Limitation of Liability

8.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINSIT LLC DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE.