Bergenske Enterprises, Inc. d/b/a MoveitPro™
This User Agreement ("Agreement") is made and entered into by and between Bergenske Enterprises, Inc., a Florida corporation doing business as MoveitPro™ ("MoveitPro", "we", "us"), and any person or legal entity that accesses or uses the Software (the "User" or "Customer"). The term "Authorized User" means any individual making Authorized Uses for or on behalf of a Customer that has an active subscription or other paid relationship with MoveitPro.
By logging in to, accessing, or using the Software, you accept this Agreement on each such occasion. If you do not agree, do not access or use the Software.
"Service" or "Software" means the web-based and mobile applications operated by MoveitPro at app.moveitpro.com, staging.moveitpro.com, related subdomains, custom domains routed to MoveitPro infrastructure, and any mobile applications published by MoveitPro, together with all associated edge functions, APIs, content, documentation, and updates.
"Customer Data" means all data, content, and materials submitted to or processed through the Service by or on behalf of Customer, including data about Customer's end-users (its movers, prospects, customers, employees, and other contacts).
"End User" means an individual who is not an Authorized User but whose data is processed through the Service by or on behalf of Customer (for example, a moving customer who receives an estimate, signs a bill of lading, fills out a public lead form, or receives a marketing message).
"MoveitPro Content" means (i) the Software, (ii) the visual output, documents, and data generated by or available through the Software (including their copyright, trade dress, and overall look and feel), and (iii) any text, audio, video, or other electronic media and graphic or image files supplied by MoveitPro in connection with the Service.
"Confidential Information" has the meaning set forth in Section 16.
"Privacy Policy" means MoveitPro's then-current Privacy Policy, available at moveitpro.com/privacy-policy, as updated from time to time.
"Sub-Processor" means a third-party service used by MoveitPro to process Customer Data, as identified in Schedule A.
The Service is a SaaS platform for the moving, relocation, and storage industries. Its capabilities currently include, without limitation:
MoveitPro adds, modifies, and removes features over time. No specific feature is guaranteed to remain available, and continued use following a change constitutes acceptance of that change.
Subject to this Agreement and Customer's timely payment of all applicable fees, MoveitPro grants Authorized User a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Software in object-code form during the Term solely for Customer's internal business operations in the moving, relocation, and storage industries. No license is granted to any User other than an Authorized User. Any other use is strictly prohibited.
User shall not, and shall not permit any third party to: (i) permit or authorize access to, or disclose, the Software to any third party without MoveitPro's prior written consent; (ii) reproduce, license, subscribe, sell, lease, publish, distribute, lend, rent, assign (by operation of law or otherwise), or otherwise transfer the Software or its use to any unauthorized person or entity; (iii) decompile, disassemble, reverse engineer, or attempt to derive source code from the object code of the Software; (iv) use the Software for any unlawful purpose, including violation of antitrust, consumer protection, telecommunications, or privacy laws; (v) use the Software to build a competing product, to benchmark for competitive purposes, or to train any machine-learning model; (vi) interfere with, disrupt, or impose an unreasonable load on the Service or its infrastructure; (vii) scrape, harvest, or extract data from the Service except through interfaces MoveitPro designates for that purpose; (viii) circumvent any access control, rate limit, usage cap, or security measure; or (ix) remove, alter, or obscure any proprietary notice.
As between the parties, MoveitPro solely owns all rights, title, and interest in and to the MoveitPro Content, and Customer solely owns all rights, title, and interest in and to Customer Data (subject to the licenses Customer grants in Section 6). The Software is protected by United States and international copyright, trademark, trade secret, and patent laws. Nothing in this Agreement transfers ownership of either party's intellectual property to the other.
If Customer or any Authorized User provides MoveitPro with suggestions, ideas, improvement requests, or other feedback about the Service, MoveitPro may use that feedback without restriction or obligation.
Customer is responsible for the accuracy of registration information and for all activity that occurs under its accounts. Customer shall: (i) maintain the confidentiality of usernames, passwords, API keys, and other access credentials; (ii) require Authorized Users to use strong, unique passwords and, where offered, multi-factor authentication; (iii) ensure each Authorized User exits their session at the end of use; (iv) promptly notify MoveitPro of any unauthorized use, suspected compromise, or other security incident; and (v) be responsible for the acts and omissions of every Authorized User as if they were Customer's own. MoveitPro is not responsible for any loss arising from Customer's failure to comply with this Section.
MoveitPro may refuse, suspend, or revoke access for any User at any time in its sole discretion.
In addition to the restrictions in Section 3.2, Customer and each Authorized User shall not use the Service to:
Violation of this Section is a material breach. MoveitPro may suspend or terminate access without notice for any violation it determines, in its reasonable discretion, has occurred.
Customer retains all right, title, and interest in and to Customer Data.
Customer grants MoveitPro a worldwide, royalty-free, non-exclusive license to host, copy, transmit, display, process, and otherwise use Customer Data solely as necessary to provide, maintain, secure, and improve the Service, to enforce this Agreement, and to comply with applicable law.
MoveitPro may generate aggregated and de-identified data from Customer Data and use that aggregated and de-identified data for any lawful purpose, provided it does not identify Customer or any End User.
While Customer's subscription is active and in good standing, Customer may export Customer Data through the export functions made available within the Service. On termination or expiration, Customer may request export of Customer Data within thirty (30) days, after which MoveitPro may, but is not obligated to, retain or delete Customer Data in accordance with its standard policies and applicable law.
MoveitPro will delete Customer Data on Customer's written request, subject to: (i) retention required by law (including the financial-records and household-goods-carrier retention obligations described in the Privacy Policy); (ii) retention reasonably necessary for backup, audit, billing, dispute resolution, or enforcement; and (iii) retention of audit logs as described in Section 17.2. Aggregated and de-identified data may be retained.
With respect to End-User data, Customer is the "controller," "business," or equivalent under applicable privacy law, and MoveitPro is the "processor" or "service provider" acting on Customer's documented instructions. Customer represents and warrants that, with respect to each End User, Customer:
A separate Data Processing Addendum is available on request from MoveitPro for Customers whose End Users are residents of jurisdictions that require one (including California, Virginia, Colorado, Connecticut, Utah, and the EU/UK to the extent applicable).
Customer may use the Service to publish public-facing websites, including on Customer-supplied custom domains routed to MoveitPro infrastructure. With respect to any content Customer publishes or causes to be published through the Service (including websites, pages, images, forms, marketing copy, and AI-assisted content):
MoveitPro complies with the Digital Millennium Copyright Act ("DMCA") and maintains a policy of terminating, in appropriate circumstances, users who are repeat infringers. DMCA notices should be directed to the Designated Agent identified in Section 38.
The Service integrates with third-party payment processors identified in the Privacy Policy (currently including Stripe, Authorize.Net, and Square). Customer's use of those processors is governed by their respective terms of service, which Customer must accept directly with the processor.
Customer acknowledges and agrees that:
The Service enables Customer to send SMS, MMS, voice calls, and email through third-party communications providers identified in the Privacy Policy (currently including Twilio and Mandrill). Customer is solely responsible for compliance with all applicable laws governing those communications, including without limitation the Telephone Consumer Protection Act ("TCPA"), the CAN-SPAM Act, Canada's Anti-Spam Legislation ("CASL"), the CTIA Messaging Principles and Best Practices, applicable 10DLC / A2P registration requirements, and applicable state laws.
Without limiting the foregoing, Customer represents and warrants that, for every SMS, MMS, voice call, and marketing email sent through the Service:
Customer will indemnify MoveitPro for any claim arising from or related to Customer's failure to comply with this Section, as further described in Section 24.
The Service supports the recording of voice calls and video consultations. Recording laws vary by jurisdiction and many U.S. states require all-party consent. Customer is solely responsible for: (i) determining whether all-party or one-party consent is required in each relevant jurisdiction; (ii) providing any required disclosures at the start of each call or consultation; (iii) obtaining and documenting required consents; and (iv) handling, storing, and disposing of recordings in compliance with applicable law. Customer warrants that every recording made through the Service was made with the consents required by law.
Certain features of the Service use machine learning and large language models operated by third parties to assist with tasks including call summaries, smart reply suggestions, knowledge-base answers, inventory and damage detection from photos and video, support-ticket triage, sentiment analysis, voice synthesis, speech-to-text, and conversational voice agents. The current set of AI providers used by MoveitPro is identified in the Privacy Policy and may be added to, removed from, or substituted from time to time as model capabilities and pricing evolve. When Customer or an Authorized User uses these features, Customer Data and End-User data submitted through the feature may be transmitted to and processed by those providers under their applicable API or enterprise terms.
Customer acknowledges and agrees that:
Customer must not submit content to AI features that Customer is not authorized to disclose to the underlying AI provider.
Mobile applications published by MoveitPro are licensed, not sold, on the same terms as the Software, and are additionally subject to the terms of the applicable application store (Apple App Store, Google Play). To the extent of any conflict, the application-store terms apply only as required by that store and only with respect to the relationship between Customer and the store; this Agreement otherwise controls. Apple Inc. and Google LLC are third-party beneficiaries of this Agreement to the extent required by their respective terms, and may enforce it against Customer with respect to use of the applicable mobile application.
Push notifications are delivered through third-party services identified in the Privacy Policy (currently Apple Push Notification service and Firebase Cloud Messaging). Customer is responsible for ensuring that any push notification containing marketing content complies with applicable law and that recipients have opted in where required.
Customer shall pay all fees set forth in the applicable order form, subscription page, or other ordering document. Unless that document says otherwise:
The Service is provided on an as-available basis. MoveitPro does not commit to any specific level of availability, response time, or feature continuity except as expressly set forth in a separate written service-level agreement signed by an authorized officer of MoveitPro. The Service depends on factors outside MoveitPro's control, including Customer's operating system, network bandwidth, user volume, and the availability of third-party services. Customer is solely responsible for acquiring, installing, and maintaining the Internet access, equipment, operating system, and application software needed to use the Service. MoveitPro may perform scheduled and unscheduled maintenance and may modify or discontinue any portion of the Service at any time.
"Confidential Information" means this Agreement, the Software, non-public information about MoveitPro's business, technology, pricing, and customers, all Customer Data received by MoveitPro, and any other information that the receiving party reasonably should understand to be confidential under the circumstances. The receiving party shall: (i) use Confidential Information only for purposes of this Agreement; (ii) protect Confidential Information with at least the same degree of care it uses for its own confidential information of like importance, and in no event less than reasonable care; and (iii) limit disclosure to personnel and contractors bound by confidentiality obligations no less protective than this Section.
Confidential Information does not include information that the receiving party can demonstrate is: (a) generally known to the public without breach of this Section; (b) rightfully known without restriction before receipt; (c) independently developed without use of the disclosing party's Confidential Information; or (d) rightfully received from a third party without restriction.
The receiving party may disclose Confidential Information as required by law or court order, provided it gives the disclosing party (where legally permitted) reasonable advance notice and cooperates in any effort to seek a protective order.
MoveitPro's processing of personal information is described in its Privacy Policy. Customer represents that it has reviewed the Privacy Policy and will direct each Authorized User and, as applicable, each End User to it.
Customer acknowledges that the Service maintains detailed audit logs of activity, including the identity of the acting user, the action taken, the affected record, before-and-after values, IP address, user agent, and impersonation context. These logs exist for security, fraud prevention, dispute resolution, regulatory compliance, and operation of the Service, and may be retained for the life of the account and a reasonable period thereafter. Customer consents to this logging on its own behalf and represents that it has disclosed this logging to its Authorized Users in accordance with applicable law.
The Service relies on the third-party services and Sub-Processors identified in Schedule A and described in greater detail in the Privacy Policy (Section 7.1), which is the canonical and most current list. Customer's use of those services through the Service is subject to the third party's own terms, and Customer is responsible for any obligations the third party flows down through MoveitPro to Customer. MoveitPro may add, remove, or substitute Sub-Processors from time to time; material changes will be reflected in the Privacy Policy.
MoveitPro maintains administrative, technical, and physical safeguards designed to protect Customer Data, including encryption of data in transit (TLS 1.2 or higher), encryption at rest, salted one-way password hashing, tokenized payment storage, role-based access controls, multi-factor authentication options, IP-range restriction features available to Customer, and comprehensive audit logging. No security program is perfect, and MoveitPro does not warrant that the Service will be free from compromise.
MoveitPro will notify Customer without undue delay, and in any event within seventy-two (72) hours of confirming a breach of MoveitPro's systems that results in the unauthorized acquisition of Customer Data ("Security Incident"). The notice will describe what is known about the Security Incident and the steps MoveitPro is taking. Customer is responsible for notifying its End Users and regulators to the extent required by law.
Customer shall promptly notify MoveitPro of any actual or suspected unauthorized use of its credentials or accounts.
MoveitPro may make beta, alpha, preview, "early access," or other pre-release features available to Customer (collectively, "Beta Features"). Beta Features are provided AS IS, may change or be withdrawn at any time, are not covered by any service-level commitment, and are excluded from MoveitPro's indemnification obligations. Customer's use of Beta Features is voluntary and at Customer's sole risk.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND MOVEITPRO CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." MOVEITPRO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR MOVEITPRO CONTENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MOVEITPRO DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, FREE FROM HARMFUL CODE, OR THAT DEFECTS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE IS WITH USER.
NO ADVICE OR INFORMATION OBTAINED FROM MOVEITPRO OR THROUGH THE SOFTWARE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
EXCEPT FOR (A) CUSTOMER'S PAYMENT OBLIGATIONS, (B) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, (C) BREACH OF SECTION 3.2 (RESTRICTIONS), SECTION 5 (ACCEPTABLE USE), OR SECTION 16 (CONFIDENTIALITY), OR (D) LIABILITY THAT CANNOT BE LIMITED BY LAW:
(i) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST DATA, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
(ii) EACH PARTY'S TOTAL CUMULATIVE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO MOVEITPRO UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
THE FOREGOING ALLOCATION OF RISK IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND APPLIES NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL REMEDY.
Subject to the limits in Section 22 and Customer's compliance with this Agreement, MoveitPro will defend Customer against any third-party claim alleging that Customer's permitted use of the Software (in accordance with this Agreement and current documentation) directly infringes a U.S. patent, copyright, or trademark, or misappropriates a U.S. trade secret (an "Infringement Claim"), and will pay any damages or settlement amounts agreed to by MoveitPro.
If a permanent injunction is or is likely to be obtained against Customer's use of the Software, MoveitPro may, at its option: (i) procure for Customer the right to continue using the Software; (ii) modify the Software so it is non-infringing while substantially preserving functionality; or (iii) terminate this Agreement and refund any prepaid fees for the unused portion of the term.
MoveitPro has no obligation under this Section to the extent the Infringement Claim arises from: (a) Customer Data or content uploaded or generated by Customer or any Authorized User; (b) AI output; (c) combination of the Software with anything not provided by MoveitPro; (d) modifications not made by MoveitPro; (e) use of a non-current version of the Software when a current version would have avoided the claim; or (f) Beta Features. This Section is MoveitPro's sole obligation, and Customer's sole remedy, with respect to infringement claims.
Customer shall defend, indemnify, and hold harmless MoveitPro and its affiliates, and their respective officers, directors, employees, agents, contractors, and advisors, from and against any third-party claim, demand, action, loss, damage, liability, fine, penalty, judgment, or expense (including reasonable attorneys' fees) arising out of or related to:
Customer's obligations under this Section are independent of the limits in Section 22.
MoveitPro may suspend Customer's or any Authorized User's access to the Service, in whole or in part and with or without notice, if MoveitPro reasonably believes that: (i) the account has been compromised; (ii) Customer is in breach of this Agreement; (iii) Customer's use poses a security, legal, or operational risk to the Service or other users; (iv) a payment is past due; or (v) suspension is required by law or legal process. MoveitPro will use reasonable efforts to limit the scope and duration of any suspension.
This Agreement applies to each session in which an Authorized User logs into the Service, and continues for so long as Customer has an active subscription or other paid relationship with MoveitPro.
MoveitPro may terminate this Agreement, suspend access, or revoke any license granted hereunder at any time, with or without cause and with or without notice. Termination is automatic, without notice, upon termination or expiration of Customer's business relationship with MoveitPro.
On termination or expiration: (i) all licenses granted to Customer terminate; (ii) Customer shall immediately cease use of the Software, MoveitPro Content, and Confidential Information; (iii) Customer's right to export Customer Data is governed by Section 6.4; and (iv) all fees accrued through the effective date of termination remain payable.
The Service is subject to U.S. export-control and sanctions laws. Customer represents and warrants that: (i) Customer is not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions; (ii) Customer is not, and is not owned or controlled by, a person on any U.S. government restricted-party list; and (iii) Customer will not access or use the Service in violation of any such law.
Neither party is liable for failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, labor dispute, government action, internet, telecommunications, cloud-provider, or third-party service failure, pandemic, fire, flood, or other natural disaster.
Customer is responsible for maintaining commercially reasonable insurance for its business, including general liability, motor-vehicle, cargo, workers' compensation, and any other coverage required by law or by Customer's contractual obligations to its End Users. MoveitPro is not Customer's insurer with respect to any move, storage, or claim.
Notices to MoveitPro under this Agreement must be in writing and sent to: MoveitPro™ — Legal Department, 661 West Warren Avenue, Longwood, Florida 32750, with a copy by email to legal@moveitpro.com. Notices to Customer may be sent by email to any administrator email address on file, by posting in the Service, or by any other reasonable method. Notices are effective upon receipt.
MoveitPro may amend this Agreement at any time by posting a revised version with the Service. The revised version is effective upon, and accepted by Customer through, the next login by any Authorized User. Material changes will be highlighted within the Service or by email. Customer's continued use after the effective date constitutes acceptance. Customer acknowledges and accepts the obligation to read and understand this Agreement and any amendment.
MoveitPro may assign this Agreement, in whole or in part, without consent. Customer may not assign, transfer, or sublicense this Agreement or any right under it (whether by operation of law, change of control, or otherwise) without MoveitPro's prior written consent. Any prohibited assignment is void. Subject to the foregoing, this Agreement binds and benefits the parties' successors and permitted assigns.
This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The exclusive forum for any dispute is the United States District Court for the Middle District of Florida or the Circuit Court of Orange County, Florida, and each party irrevocably consents to personal jurisdiction and venue there.
EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT.
EACH PARTY AGREES THAT ANY DISPUTE WILL BE BROUGHT ONLY IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING.
Sections 3.3 (Ownership), 3.4 (Feedback), 6 (Customer Data), 9 (Payment Processing — accrued obligations), 14 (Fees — accrued obligations), 16 (Confidentiality), 21 (Disclaimers), 22 (Limitation of Liability), 23–24 (Indemnification), 26.3 (Effect of Termination), 27 (Export Controls), 30 (Notices), 33 (Governing Law), 34 (Survival), 35 (Severability), and 36 (Entire Agreement) survive any termination or expiration of this Agreement.
If any provision is held unenforceable, it will be reformed to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full force. Headings are for convenience and do not affect interpretation. A party's failure to enforce any right is not a waiver of that right or any subsequent right.
This Agreement (including Schedule A and any order form or signed addendum, such as a Data Processing Addendum) is the entire agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous communications, whether oral or written. To the extent of any conflict, a signed order form or addendum controls over this Agreement, and this Agreement controls over any communication or terms in a Customer purchase order. No terms in a Customer purchase order or similar document have any force or effect.
User acknowledges that MoveitPro has the right to monitor and audit use of the Service by technological means or otherwise. User shall cooperate in accurately reporting information and circumstances relating to User's use of the Service on MoveitPro's request.
| Service Provider | Bergenske Enterprises, Inc., d/b/a MoveitPro™ |
| Designated to Receive Notification of Claimed Infringement | Legal Department |
| Address | 661 West Warren Avenue Longwood, Florida 32750 |
| Telephone | (866) 435-8865 or (407) 641-4102 |
| legal@moveitpro.com |
The Service relies on third-party services and Sub-Processors in the following categories. The current, complete, and authoritative list of Sub-Processors — including specific provider names, the categories of data they process, and their roles — is maintained in Section 7.1 of the Privacy Policy and is updated from time to time as Sub-Processors are added, removed, or substituted. By accepting this Agreement, Customer authorizes MoveitPro to use the Sub-Processors listed in the Privacy Policy from time to time.
Categories of Sub-Processors:
MoveitPro imposes data-protection obligations on each Sub-Processor that are no less protective than those in this Agreement to the extent applicable.