Terms of Service

1. Acceptance of Terms

By accessing or using the Freight Wranglers website, software platform, mobile application, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

If you do not agree to these Terms, you must not access or use the Services. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes.

2. Description of Services

Freight Wranglers provides a Transportation Management System ("TMS") software platform designed for freight carriers and brokers. Our Services include:

• TMS Web Application -- A cloud-hosted web-based platform for load management, dispatch, driver management, compliance, accounting, and reporting.
• Mobile Driver App -- A companion mobile application for drivers providing GPS tracking, load status updates, document capture, and communication with dispatch.
• Broker Module -- An add-on module for freight brokerage operations including carrier vetting, rate management, and load board integrations.
• Third-Party Integrations -- Connections to ELD providers, fuel card systems, load boards, factoring companies, payment processors, and other freight industry services.
• Hosted Infrastructure -- Each customer receives a dedicated, isolated deployment on our cloud infrastructure, accessible via the customer's own domain.
• Self-Hosted License -- An optional one-time purchase allowing customers to deploy and operate the Software on their own infrastructure.

3. Account Registration

To use the Services, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the accuracy of your registration information.
• Keeping your login credentials confidential and not sharing them with unauthorized individuals.
• All activities that occur under your account.
• Notifying us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate accounts that contain inaccurate or incomplete information, or that we reasonably believe have been compromised.

4. Subscription Plans & Billing

The Services are offered on a subscription basis. Subscription details, including features, user limits, and pricing, are described on our Pricing page.

• Billing Cycles: Subscriptions are billed on either a monthly or annual basis, as selected at the time of purchase.
• Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle unless cancelled prior to the renewal date.
• Pricing Changes: We may adjust pricing with at least thirty (30) days' prior written notice. Price changes take effect at the start of your next billing cycle following the notice period.
• Prorated Upgrades: If you upgrade your subscription tier mid-cycle, you will be charged a prorated amount for the remainder of the current billing period.
• Add-Ons: Certain features and modules (such as the Broker Module) may be available as separately priced add-ons and will be billed in accordance with the pricing displayed at the time of purchase.

5. Payment Terms

All payments are processed through Authorize.Net, a secure third-party payment processor. By providing a payment method, you authorize us to charge the applicable fees to that payment method.

• Payment Methods: We accept major credit cards, debit cards, and ACH bank transfers as supported by Authorize.Net.
• Failed Payments: If a payment fails, we will attempt to process the payment up to two (2) additional times. After three (3) consecutive failed payment attempts, your account may be suspended until a valid payment method is provided.
• Backup Payment Methods: If you have designated a backup payment method on your account, we will automatically attempt to charge the backup method if your primary payment method fails. By designating a backup payment method, you authorize us to charge that method without additional notice in the event of a primary payment failure.
• Refund Policy -- Annual Subscriptions: If you cancel an annual subscription before the end of the billing period, you may be eligible for a prorated refund for the unused portion of the term.
• Refund Policy -- Monthly Subscriptions: Monthly subscriptions are non-refundable for the current billing period. Cancellation takes effect at the end of the current monthly cycle.
• Taxes: Prices do not include applicable taxes. You are responsible for any taxes, duties, or government-imposed fees associated with your use of the Services.

6. Cancellation

You may cancel your subscription at any time through your account dashboard. There are no long-term contracts or cancellation fees.

• Effective Date: Cancellation takes effect at the end of the current billing period. You will continue to have access to the Services until that date.
• Data Retention: Following cancellation, your data will be retained for thirty (30) days, during which you may request a data export. After the retention period, your data will be permanently deleted.
• Reactivation: If you wish to reactivate your account within the 30-day retention period, your data and configuration will be restored. After that period, a new account setup will be required.

7. Self-Hosted License

Customers who purchase a self-hosted license receive a perpetual, non-exclusive, non-transferable license to use the version of the Software that was current at the time of purchase.

• Perpetual Use: The license permits indefinite use of the purchased version of the Software on the customer's own infrastructure.
• Updates: Software updates, patches, and new features are available only to customers with an active SaaS subscription or a separately purchased update package.
• Support: Technical support for self-hosted installations requires an active support subscription or is available on a per-incident basis.
• Infrastructure Responsibility: The customer is solely responsible for provisioning, securing, maintaining, and backing up their own hosting infrastructure.

8. Acceptable Use

You agree not to use the Services to:

• Engage in any activity that violates applicable local, state, national, or international law or regulation.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software.
• Resell, sublicense, redistribute, or make the Services available to any third party without our prior written consent.
• Exceed the load limits, user limits, or other usage restrictions associated with your subscription tier.
• Interfere with, disrupt, or place an unreasonable burden on the Services or the networks and servers connected to the Services.
• Upload or transmit malicious code, viruses, or any other harmful technology.
• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.

9. Intellectual Property

The Software, including all code, designs, documentation, trademarks, and other intellectual property, is and remains the exclusive property of Freight Wranglers. Nothing in these Terms grants you any ownership interest in the Software.

Your Data: You retain full ownership of all data you enter into the Services. We claim no ownership rights over your business data, documents, or records. Your data rights are further described in our Privacy Policy and the Software License & Service Agreement.

10. Data & Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

Each customer's data is stored in a dedicated, isolated database instance. Customer data is never shared between accounts or commingled in a multi-tenant architecture. For additional details on our data practices, please review our Privacy Policy.

11. Third-Party Integrations

The Services facilitate connections with third-party services including, but not limited to, ELD providers, fuel card companies, load boards, factoring companies, and payment processors.

• We are not responsible for the availability, reliability, or performance of any third-party service.
• Certain integrations may require you to maintain your own accounts and API keys with the third-party provider. You are responsible for any fees, terms, or obligations associated with those third-party accounts.
• We do not guarantee uninterrupted connectivity with third-party services and are not liable for any loss or disruption caused by third-party service outages or changes.
• Your use of third-party services through our integrations is subject to the respective third party's terms of service and privacy policy.

12. Service Availability

We use commercially reasonable efforts to maintain the availability of the Services. However, we do not guarantee uninterrupted or error-free operation.

• Planned Maintenance: We will provide reasonable advance notice (typically 24 hours) for scheduled maintenance that may result in service downtime.
• Emergency Maintenance: In the event of critical security issues or infrastructure emergencies, maintenance may be performed without advance notice.
• SLA: No formal Service Level Agreement is provided unless you are subscribed to an Enterprise tier plan with a separately executed SLA.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FREIGHT WRANGLERS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Services.
• Any conduct or content of any third party on or related to the Services.
• Data loss resulting from customer DNS misconfiguration, unauthorized access to customer credentials, or customer infrastructure failures (for self-hosted installations).
• Outages, errors, or interruptions of third-party services integrated with the platform.
• Unauthorized access to or alteration of your transmissions or data.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless Freight Wranglers, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Any claim by a third party related to data you entered into the Services or actions taken through your account.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least thirty (30) days' prior notice via email to the address associated with your account or through a prominent notice within the Services.

Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Services before the effective date.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [STATE TBD], without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in [STATE TBD], and you consent to personal jurisdiction and venue in such courts.

17. Contact Information

If you have any questions about these Terms of Service, please contact us: