Terms of Service | FreightLink TMS

These Terms of Service ("Terms") are a legally binding agreement between you ("User," "Tenant," or "you") and Loadlinkers Logistics LLC ("FreightLink," "we," "us," or "our") governing your access to and use of the FreightLink TMS software platform and any related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of Service

FreightLink TMS is a multi-tenant, cloud-based transportation management system (TMS) designed for freight industry professionals. The platform operates in two modes:

Broker Core — Tools for licensed property brokers holding FMCSA motor carrier (MC) authority: load management, carrier sourcing and vetting, rate confirmation generation, document processing, invoice management, settlement tracking, and customer relationship management.
Dispatcher Core — Tools for independent dispatch agents who represent carriers: load booking, document handling, driver tracking, and billing support.

FreightLink is a software platform only. FreightLink is NOT a licensed freight broker, motor carrier, or freight forwarder, and does not operate as one. Nothing in the Service constitutes the brokerage, transportation, or arrangement of freight. The Tenant organization is solely responsible for obtaining and maintaining any licenses, operating authority, bonds, or registrations (including but not limited to FMCSA MC authority, BOC-3 process agent filing, and surety bond) that their own use of the platform legally requires.

2. Accounts and Organizations

Access to the Service requires creating an account and an associated Tenant organization. You represent that all information you provide during registration is accurate, current, and complete. You are responsible for all activity that occurs under your account and must maintain the confidentiality of your login credentials. You must promptly notify us of any unauthorized use of your account.

Each Tenant organization operates in an isolated data environment. Organization administrators may invite additional team members and assign role-based permissions. You are responsible for all actions taken by users within your organization.

3. Subscription, Billing, and Payment

3.1 Subscription Tiers

The Service is offered under the following subscription plans (subject to change with notice):

Starter — Core load management, carrier directory, and basic document processing for small brokerages.
Growth — Expanded API access, advanced analytics, priority support, and higher usage limits.
Enterprise — Unlimited users, custom integrations, dedicated support, and SLA guarantees (terms negotiated separately).

3.2 Free Trial

New Tenant organizations may access a 7-day free trial of the platform. No credit card is required to begin a trial. At the end of the trial period, you must subscribe to a paid plan to continue using the Service. Trial accounts may have reduced feature access.

3.3 Billing and Auto-Renewal

Paid subscriptions are billed in advance on a monthly or annual basis, as selected at checkout. All payments are processed through Stripe, Inc. By providing payment information, you authorize FreightLink (through Stripe) to charge your payment method on the applicable billing date. Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.

3.4 Cancellation

You may cancel your subscription at any time through the billing settings in your account dashboard. Cancellation takes effect at the end of the current billing period. After cancellation, your account will be downgraded to a read-only state for a period of 30 days, after which your data may be deleted in accordance with our data retention policy.

3.5 Refund Policy

All fees are non-refundable except as expressly required by applicable law. No refunds or credits are issued for partial billing periods, unused subscription time, or downgraded plans. If you believe a charge was made in error, contact us within 30 days of the charge.

3.6 Price Changes

We reserve the right to modify subscription pricing at any time. We will provide at least 30 days' advance notice of any price changes for existing subscribers. Continued use of the Service after the price change takes effect constitutes acceptance of the new pricing.

4. Carrier Verification Disclaimer

The Service includes a carrier vetting feature that retrieves and displays information about motor carriers, including FMCSA safety ratings, operating authority status, and insurance data. This information is sourced from third-party data providers and public databases. FreightLink does not guarantee the accuracy, completeness, or currency of carrier verification data and makes no warranty that a carrier is fit, safe, licensed, insured, or suitable for any particular load.

Carrier verification data is provided for informational purposes only. You are solely responsible for conducting your own due diligence before engaging any carrier, including verifying the carrier's operating authority, insurance, safety record, and compliance with all applicable regulations.

5. OCR and Document Processing

The Service provides AI-assisted optical character recognition (OCR) and document processing for user-uploaded files, including rate confirmations, proofs of delivery (PODs), and invoices. Document images may be transmitted to third-party AI or vision model providers for extraction processing.

Extracted data may contain errors, omissions, or misinterpretations. You are responsible for reviewing all extracted data via the document review queue before relying on it for any business purpose. FreightLink is not liable for errors in OCR output or decisions made based on unverified extracted data.

6. Driver Tracking and Location Data

The Service includes a driver location tracking feature that collects GPS/geolocation data via tokenized tracking links sent to drivers or shippers. Location data is collected only when a driver or shipper actively accesses a tracking link. This data is used solely for shipment tracking and operational visibility purposes within your organization. Location data is not sold, licensed, or shared with third parties for advertising or any purpose unrelated to the Service.

Public-facing tracking pages expose only non-sensitive shipment status information (origin, destination, estimated arrival, and location ping). Rate, margin, and financial data are never exposed on public tracking pages.

You are responsible for ensuring that any driver or shipper from whom you collect location data has provided appropriate consent under applicable law.

7. Data Ownership and Processing

You and your organization retain ownership of all operational data you input into the Service, including load records, carrier records, customer records, financial data, and uploaded documents ("Tenant Data"). FreightLink acts as a data processor and service provider with respect to Tenant Data and does not claim ownership of it.

By using the Service, you grant FreightLink a limited, non-exclusive license to store, process, and transmit Tenant Data as necessary to provide the Service. FreightLink may also use anonymized, aggregated data derived from platform usage for product improvement and analytics purposes.

8. Intellectual Property

The Service, including its source code, design, user interface, trade names, logos, and all related technology (collectively, "Platform IP"), is the exclusive property of Loadlinkers Logistics LLC and is protected by applicable intellectual property laws. FreightLink grants you a limited, non-transferable, non-exclusive license to use the Service for your internal business purposes during your subscription term. You may not copy, modify, reverse engineer, sublicense, or resell any portion of the Platform IP.

All content, documents, and data you upload to the Service remain your property. You represent that you have the right to upload and process such content.

9. Prohibited Uses

You agree not to use the Service to:

Violate any applicable federal, state, or local law or regulation, including FMCSA regulations;
Impersonate a licensed broker or carrier without the requisite authority;
Upload, transmit, or store any content that is unlawful, defamatory, fraudulent, or infringes on the rights of third parties;
Attempt to gain unauthorized access to any part of the Service, other Tenants' data, or FreightLink's infrastructure;
Use automated scripts, bots, or scraping tools against the Service without our express written consent;
Interfere with or disrupt the integrity or performance of the Service.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FREIGHTLINK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL FREIGHTLINK'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO FREIGHTLINK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

11. Indemnification

You agree to indemnify, defend, and hold harmless FreightLink and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including any freight brokerage or transportation regulation; (d) any load transaction facilitated using the Service; or (e) any claim by a third party arising from your operational use of the platform.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FREIGHTLINK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Termination

Either party may terminate these Terms and your access to the Service at any time:

By you: Cancel your subscription through the account settings at any time. Termination takes effect at the end of the current billing period.
By FreightLink: We may suspend or terminate your account immediately for cause if you violate these Terms, engage in fraudulent activity, or use the Service in a manner that could cause harm to FreightLink, other users, or third parties.

Upon termination, your right to access the Service ceases. Tenant Data will be retained for 30 days post-termination to allow export, after which it may be permanently deleted. Provisions of these Terms that by their nature should survive termination (including Sections 10, 11, 12, 15, and 17) will survive.

14. Binding Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally within 30 days of written notice shall be resolved by binding arbitration administered by JAMS (or a mutually agreed arbitration service) under its applicable commercial arbitration rules, with proceedings conducted in Cheyenne, Wyoming, unless the parties agree otherwise in writing.

YOU AND FREIGHTLINK EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Claims must be brought on an individual basis only.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict of law principles. To the extent litigation is permitted under Section 14, you consent to the exclusive jurisdiction of the state and federal courts located in Laramie County, Wyoming, for resolution of any disputes not subject to arbitration.

16. Assignment

You may not assign or transfer your rights or obligations under these Terms, or your account, to any third party without FreightLink's prior written consent. FreightLink may freely assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided that the assignee assumes all obligations under these Terms.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide at least 14 days' advance notice of material changes via email to the primary account contact or via an in-app notice. Continued use of the Service after the effective date of updated Terms constitutes acceptance of the changes. If you disagree with material changes, your sole remedy is to cancel your subscription.

18. Contact

For questions regarding these Terms, contact us at: support@loadlinkers.co.