The agreement between your company and us for using SarathiLink.
SarathiLink is a service of AstroRasa Inc., a federal (Canada Business Corporations Act) corporation operating from Ontario, Canada ("we", "us"). These Terms are the agreement between us and the trucking company or other business that signs up (the "Customer", "you").
SarathiLink is business software: a dispatch board for your office, a driver app for your drivers, and optional connections to services you already use. It is not offered to consumers.
The person who accepts these Terms for a company confirms they may bind that company.
A company agrees to these Terms and to our Privacy Policy when its admin ticks the box "I agree to the Terms of Service and Privacy Policy on behalf of the company" and then creates the company, subscribes to a plan, or accepts a new version when SarathiLink asks. The box must be ticked actively; it is never ticked for you.
THAT TICK IS YOUR ELECTRONIC SIGNATURE. Under Ontario's Electronic Commerce Act, 2000 and the laws of Canada, an agreement accepted this way is as valid, binding and enforceable as one signed on paper. We record who ticked it (name and email), the company, the version accepted, the date and time, and the IP address and browser used, and we keep that record as evidence of the agreement. You agree that the record is reliable evidence of your acceptance.
If you do not agree, do not create a company on SarathiLink or use it.
You choose who uses SarathiLink for your company and in which role (company admin, dispatcher, fleet manager, driver). You are responsible for what people do under your company's accounts, and for removing people who leave.
Sign-in is by emailed code or password. Keep sign-in details private and tell us at support@sarathilink.com if you think an account has been misused.
Everything your company puts in SarathiLink, or that your drivers send through it, is your data ("Customer Data"): loads, stops, messages, documents, positions, hours, fuel purchases and the like. You own it. We use it only to run SarathiLink for you, as set out in our Data Processing Agreement (sarathilink.com/data-processing), which forms part of these Terms, and our Privacy Policy.
You confirm you have the right to give us Customer Data and to let us process it, including your drivers' personal information, and that you have told your drivers what is collected and why. Location sharing in the driver app needs both your company setting and each driver's own agreement; do not ask a driver to share location against their will.
You can export your data at any time (CSV exports, the API). After your subscription ends we keep it for 30 days so you can take it, then delete it within a further 60 days, except where the law requires us to keep something longer.
SarathiLink can connect to services in your own name, such as Samsara (ELD), BorderConnect (eManifest), your fuel card's reports (BVD) and your dispatch software. You hold those accounts and their terms apply to them. You give us read access (API keys or tokens) so SarathiLink can show their information; you can remove a connection at any time.
We are not responsible for those services, their availability or their data. If one of them changes or stops its interface, the connection may stop working until we adapt it.
SarathiLink does not file eManifests (ACE / ACI) or any customs declaration. It shows the answers your eManifest provider receives. Your eManifest provider and you remain responsible for the filings.
SarathiLink is not an ELD and is not a record of hours of service. Hours shown from your ELD are a copy for dispatch; your certified ELD is the legal record.
ETAs, automatic arrivals, distances, fuel totals and the IFTA report are aids worked out from the data available (your ELD, your fuel card, map services). They can be wrong. Check them before you rely on them for billing, pay, detention, a tax return or a legal decision. You file your own IFTA return.
Directions and maps in SarathiLink are not truck routing. Drivers must follow road signs, truck routes and the law.
SARATHILINK IS NOT A SYSTEM OF RECORD, A COMPLIANCE OR LOGGING TOOL, OR A LEGAL ARCHIVE. Messages, status taps, times, positions, documents and other history in SarathiLink are a working copy for dispatch. Keep the records the law or your customers require (bills of lading, proof of delivery, hours of service, trip and fuel records, customs documents) in your own systems; use the exports to do so. WE ARE NOT LIABLE FOR ANY HISTORY THAT IS MISSING, DELETED, INCOMPLETE OR CORRUPTED, whatever the cause.
Push notifications, alert sounds, emails, sign-in codes, messages, status updates, positions and data from connected services travel over networks and services we do not control: mobile carriers, the internet, Apple and Google notification services, email providers, map services and the services you connect. They can be late, arrive out of order, or not arrive at all, for example in a cellular dead zone, when a phone is off, silenced, out of battery or has notifications turned off, or when one of those networks fails.
EVERY ALERT, MESSAGE, NOTIFICATION, OFFLINE QUEUE, RETRY AND OTHER BACKUP OR REDUNDANCY FEATURE IN SARATHILINK IS A BEST-EFFORT OPERATIONAL CONVENIENCE ONLY. WE DO NOT GUARANTEE THAT ANY OF THEM WILL BE DELIVERED, OR DELIVERED ON TIME, AND WE ARE NOT LIABLE WHEN ONE IS LATE OR NOT DELIVERED.
Do not rely on SarathiLink for emergencies or anything where a missed message could put someone in danger: phone the person, and call 911 in an emergency.
Do not use SarathiLink to break the law, to track people without their knowledge, to send spam, to upload malware, to try to reach another company's data, to overload or reverse-engineer the service, or to resell it without our written agreement. We may suspend accounts that do.
New companies get a free trial of 30 days with every add-on. When the trial ends, the company continues on a paid plan only if you choose one; otherwise access stops and Customer Data is handled as in section 3.
Plans are priced by fleet size in Canadian dollars, before taxes: Starter (up to 10 trucks) C$199 a month or C$1,990 a year; Fleet 25 (up to 25 trucks) C$399 a month or C$3,990 a year; Fleet 50 (up to 50 trucks) C$649 a month or C$6,490 a year; Fleet 100 (up to 100 trucks) C$999 a month or C$9,990 a year. Fleets over 100 trucks: by agreement. Add-ons: ELD Connect (Samsara) +C$5 per truck per month; IFTA report +C$5 per truck per month. Current prices are at sarathilink.com/pricing.
Your plan must cover the trucks you run in SarathiLink. If you go over, we may move you to the right plan from the next billing period, after telling you.
Fees are billed in advance, monthly or yearly, by card or another method we accept. GST/HST or other sales taxes are added where they apply. You authorize us (through our payment processor) to charge the payment method on file at each renewal.
Founding fleets: the first 20 companies that subscribe keep their plan price for 3 years from their first paid month, as long as the subscription stays active.
We may change prices for the future with at least 30 days' notice by email. A change applies from your next renewal after the notice period.
If a payment fails we will tell you; if it is not fixed within 14 days we may suspend the company until it is.
You can cancel at any time from your account or by writing to support@sarathilink.com. Monthly plans end at the end of the paid month; yearly plans at the end of the paid year. Fees already paid are not refunded, except where the law requires or we agree in writing.
We may end the service for a company that seriously breaks these Terms, after notice where it is possible to fix the problem. If we stop offering SarathiLink altogether, we will give at least 60 days' notice and refund fees paid for the time after it ends.
We work to keep SarathiLink available and to fix problems quickly, but we do not promise it will never be interrupted (for example for maintenance, or when a provider we rely on fails). Support is by email at support@sarathilink.com.
While SarathiLink is marked "test version", features may change and the service is provided for testing with invited companies.
TO THE FULLEST EXTENT PERMITTED BY LAW, SARATHILINK IS PROVIDED "AS IS" AND "AS AVAILABLE". WE MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY OR NON-INFRINGEMENT, AND WE DO NOT WARRANT THAT SARATHILINK WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.
SarathiLink, its software, design and brand belong to us or our licensors. Your subscription gives your company the right to use SarathiLink for its own business while subscribed. Your company name and logo remain yours; you let us show them in the apps for your people.
If you send us ideas or feedback, we may use them freely.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE (ASTRORASA INC., ITS DIRECTORS, OFFICERS, EMPLOYEES AND SUPPLIERS) ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY OF THE FOLLOWING, HOWEVER CAUSED AND EVEN IF WE WERE TOLD THEY WERE POSSIBLE: LOST PROFITS, REVENUE, LOADS, CUSTOMERS OR BUSINESS; MISSED PICKUP OR DELIVERY APPOINTMENTS OR WINDOWS; DETENTION, LAYOVER, LUMPER, CHARGEBACK OR LATE-DELIVERY CHARGES; FUEL, TOLL, REPAIR OR DRIVER COSTS; LOSS OF, DAMAGE TO OR SPOILAGE OF CARGO; FINES, PENALTIES OR CHARGES FROM ANY AUTHORITY (INCLUDING THE ONTARIO MINISTRY OF TRANSPORTATION, CVOR OR OTHER PROVINCIAL REGULATORS, TRANSPORT CANADA, CBSA, CBP, THE U.S. DEPARTMENT OF TRANSPORTATION OR FMCSA, OR ANY FUEL-TAX AUTHORITY); OR LOST, DELETED OR CORRUPTED DATA.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS CONNECTED WITH SARATHILINK OR THESE TERMS, TOGETHER, IS LIMITED TO THE GREATER OF ONE HUNDRED CANADIAN DOLLARS (C$100) AND THE FEES YOUR COMPANY PAID US FOR THE ONE MONTH BEFORE THE EVENT THAT GAVE RISE TO THE FIRST CLAIM.
These limits apply whatever the legal basis of the claim (contract, tort including negligence, statute or otherwise), and they are an essential part of the price. Nothing in these Terms limits or excludes liability for fraud, for intentional misconduct or gross negligence, or any other liability that the applicable law does not allow to be limited or excluded (including, for customers in Quebec, under article 1474 of the Civil Code of Quebec).
You will cover our reasonable costs if a third party (for example one of your drivers or customers) makes a claim against us because of Customer Data you supplied or your use of SarathiLink against these Terms.
We may update these Terms. We will email company admins at least 30 days before a material change takes effect. Continuing to use SarathiLink after that means you accept the new Terms; if you do not, you may cancel before the change.
These Terms, and any dispute connected with SarathiLink, are governed exclusively by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The courts of Ontario sitting in Toronto have exclusive jurisdiction, and you and we submit to them; this applies to customers outside Ontario and outside Canada too.
If part of these Terms is not enforceable, the rest still applies. These Terms, the Data Processing Agreement, the Privacy Policy and any order you sign with us are the whole agreement.
Contact: AstroRasa Inc., 2482 Yonge St #1476, Toronto, ON, Canada · support@sarathilink.com · legal@sarathilink.com