Terms of Service
Last updated [EFFECTIVE DATE] · Version 1.0
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1. Agreement to these Terms
These Terms of Service (“Terms”) are a binding agreement between you and [LEGAL ENTITY NAME], a California company trading as Freighthub (“Freighthub”, “we”, “us”), covering your use of the Freighthub website, our mobile applications, our APIs and every related service we provide (together, the “Platform”).
By creating an account, signing in, posting a load or truck, accepting a load, pairing a driver device, or otherwise using the Platform, you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Platform.
If you are agreeing on behalf of a company, you represent that you are authorised to bind that company, and “you” means both you and that company.
The Platform is for business use only. It is not a consumer service and is not intended for personal, family or household purposes.
2. What Freighthub is — and what it is not
Freighthub is a neutral technology platform. We provide a marketplace and a set of tools that let motor carriers, freight brokers and shippers find each other, exchange freight information, negotiate, and manage the loads they agree to move. We also provide dispatch, document, tracking and communication tools that support that work.
This is the most important term in this agreement, so we state it plainly:
Freighthub is not a motor carrier, not a freight broker, not a freight forwarder, not a shipper’s agent, not a dispatch service, and not an insurer. We do not take possession of, transport, consolidate, warehouse or take title to any freight. We do not arrange transportation for compensation, and we do not hold operating authority from the Federal Motor Carrier Safety Administration (“FMCSA”) for any of the above.
Every transportation contract formed through the Platform is solely between the users who make it. We are not a party to it. We do not:
- guarantee that any load, truck, rate, lane or capacity posted on the Platform is real, available, accurately described or lawful;
- guarantee that any user will perform, pay, or hold valid authority or insurance;
- set, control, endorse or negotiate rates;
- supervise, direct or control any carrier’s drivers, equipment or routing;
- assume responsibility for cargo loss, damage, delay, detention, accessorial charges, non-payment, or claims of any kind arising from a transaction between users.
You are responsible for your own due diligence on every counterparty and every transaction. The verification, qualification, scoring and monitoring features we offer are aids to your judgement — never a substitute for it. See Section 12.
3. Eligibility and account registration
To hold an account you must:
- be at least 18 years old and legally able to enter contracts;
- represent a business that lawfully participates in freight transportation as a carrier, broker, shipper, or an employee or authorised agent of one;
- provide accurate, current and complete registration information, including your legal business name and, where applicable, your MC and/or USDOT number; and
- keep that information up to date.
We may approve, decline, suspend or revoke any account at our discretion, including where verification fails, where regulatory status cannot be confirmed, or where we reasonably suspect fraud.
3.1 Account roles
Accounts are issued in roles — carrier, broker, shipper, driver and administrative roles — and each role sees different features and different data. You may only use the role that matches your actual business function. Registering under a role you do not genuinely occupy is a material breach.
3.2 Account security
You are responsible for everything done under your account. Keep your password confidential, do not share logins across people, and tell us immediately at security@bafastfreight.com if you suspect unauthorised access. We are not liable for losses caused by your failure to protect your credentials.
Where we provide team seats, you are responsible for every user you invite and for removing access when someone leaves your organisation.
4. Carrier verification and FMCSA data
We verify carrier identity and regulatory status using data from FMCSA sources (including the QCMobile API, SAFER, and Licensing & Insurance records) and from other providers.
We do not control that data and we do not warrant it. FMCSA records may be out of date, incomplete, mis-keyed, delayed, or temporarily unavailable. A carrier’s status can change between the moment we check it and the moment freight moves. Verification results, safety indicators, fraud scores and qualification outcomes shown on the Platform are informational only.
You remain solely responsible for independently confirming that any carrier you engage holds valid operating authority, active insurance meeting your requirements, and an acceptable safety record — and for meeting your own obligations under 49 C.F.R. and any applicable state law.
5. Your obligations when posting and transacting
You agree that, for everything you post or send through the Platform:
- Accuracy. Load, truck, lane, rate and capacity information is truthful, complete and not misleading. You will remove or update postings promptly when they are no longer accurate or available.
- Authority. You hold all operating authority, licences, registrations, bonds and insurance the law requires for what you are doing.
- Insurance. Certificates of insurance and other compliance documents you upload are genuine, unaltered and current.
- Right to post. You have the right to offer the freight or capacity you post, and posting it does not breach any agreement you have with anyone else.
- Compliance. You will comply with all applicable transportation, safety, hours-of-service, customs, hazardous-materials, sanctions, employment and data protection laws.
5.1 Prohibited freight and conduct
You may not use the Platform in connection with freight or activity that is illegal, sanctioned, stolen, or that you are not authorised to move. You may not post household-goods moves to consumers, and you may not use the Platform to solicit business unrelated to freight.
5.2 Double-brokering and re-brokering
Re-brokering, double-brokering or otherwise tendering a load to another party without the express written consent of the party that tendered it to you is strictly prohibited and is grounds for immediate, permanent termination — and for reporting to affected users and, where appropriate, to law enforcement and industry fraud databases.
6. Payments between users
Freighthub does not process freight payments. Rates, invoices, accessorials, detention, quick-pay, factoring and every other payment obligation between users are settled directly between those users on whatever terms they agree.
We are not an escrow agent, payment processor, factor or guarantor for freight charges. We have no obligation to collect on your behalf, to advance funds, or to make you whole if a counterparty does not pay. Disputes about freight payment are between the parties to the transaction.
7. Subscriptions, fees and billing
Access to some features requires a paid subscription. Current plans, entitlements and prices are shown in the app at the point of purchase.
- Trials. Where we offer a free trial, it converts to a paid subscription at the end of the trial period unless you cancel first. Trial length and what it includes are stated when you start it.
- Billing. Subscriptions bill in advance on a recurring basis and renew automatically until cancelled.
- Payment processing. Card payments are handled by Stripe, Inc. We do not receive or store your full card number.
- Cancellation. You may cancel at any time from your billing settings. Cancellation stops the next renewal; access continues to the end of the period you have already paid for.
- Refunds. Except where required by law, fees are non-refundable, including for partial periods. [COUNSEL: California auto-renewal law (Bus. & Prof. Code § 17600) imposes notice and cancellation requirements — confirm this clause.]
- Price changes. We may change prices on at least [30] days’ notice before the change takes effect on your next renewal.
- Taxes. Prices exclude taxes. You are responsible for any sales, use or similar taxes other than taxes on our income.
- Failed payment. If a charge fails, we may retry, downgrade or suspend paid features until the balance is settled.
7.1 Usage limits
Plans carry usage limits — for example, per-day limits on the AI support assistant, and per-role limits on postings, searches, alerts and seats. We may enforce, adjust or meter these limits to keep the Platform available and to prevent abuse.
8. Driver accounts and the mobile app
Carriers may add drivers to their roster and pair a driver’s phone to the Freighthub mobile app using a one-time pairing code.
Carriers must read this carefully:
- When a carrier adds a driver, the carrier supplies that driver’s name and phone number — not the driver. The carrier, not Freighthub, is responsible for having a lawful basis to provide that information and for telling the driver how it will be used.
- A paired device receives dispatch assignments, trip details and notifications, and can submit proof-of-delivery photos and share location as described in Section 9.
- Carriers must remove drivers from the roster promptly when they leave. Removing a driver revokes their device access.
- A driver may unpair their device at any time.
Carriers are responsible for their drivers’ use of the app, and for complying with all employment, labour, privacy and electronic-monitoring laws that apply to monitoring their workforce — including any state law requiring advance written notice of electronic monitoring.
9. Location sharing
The mobile app can share a driver’s location so that the carrier who booked a load, and the broker or shipper who tendered it, can see the truck’s progress and estimated arrival.
- Location sharing is off until the driver turns it on and grants the operating system permission. It is never enabled silently.
- Sharing is bound to a single trip. It runs only between the driver going en route and the load being delivered. Outside that window the app reports nothing and our servers reject location data for that trip.
- Location is visible only to the carrier that booked the load, the broker or shipper on the load, and Freighthub administrators.
- A driver may stop sharing at any time, from the app or their phone’s settings. Doing so does not prevent them completing the trip.
- Recorded positions are retained for 90 days and then deleted automatically.
Precise geolocation is treated as sensitive personal information. See the Privacy Policy for the full detail.
Do not rely on tracking data for safety-critical decisions. Positions depend on cellular coverage, device battery, operating-system behaviour and driver consent. Gaps are normal and expected. Estimated arrival times are calculated estimates, not commitments.
10. Documents, signatures and proof of delivery
The Platform stores documents you upload or generate, including certificates of insurance, carrier qualification packets, rate confirmations, electronic signatures and proof-of-delivery photographs.
- You confirm you have the right to upload each document and that it is genuine and unaltered.
- You authorise us to store, process and display those documents to the users entitled to see them — for example, showing a certificate of insurance to a broker who requested it. Access to insurance documents is logged.
- Electronic signatures applied through the Platform are intended to be binding under the U.S. E-SIGN Act and applicable state law. By signing electronically you agree to transact electronically and that your electronic signature has the same effect as a handwritten one.
- We are not the custodian of record for your regulatory files. Keep your own copies of anything you are legally required to retain.
11. Your content and the licence you give us
You keep ownership of everything you submit — postings, documents, messages, ratings and other content (“Your Content”).
You grant Freighthub a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, display and process Your Content solely to operate, secure, support and improve the Platform and to provide it to the users entitled to receive it.
We may also create aggregated and de-identified data from platform activity — for example, lane rate averages, capacity trends and market indices — and use and publish that data for market analytics. Aggregated data never identifies you, your counterparties, or the terms of any individual transaction, and we will not attempt to re-identify it.
You are responsible for Your Content. Do not upload anything unlawful, infringing, defamatory, malicious, or that you lack the right to share.
12. Ratings, verification signals and market data
The Platform may show ratings, reviews, verification badges, fraud indicators, qualification outcomes, market rates and index data.
These are provided for information only. Ratings reflect the opinions of the users who left them, not Freighthub. Market and rate data is derived from platform activity and third-party sources and is an estimate — not a quotation, an appraisal, or a guarantee of what any lane will pay.
Do not submit ratings that are false, retaliatory, or that you were paid to post. We may remove content that breaches these Terms, but we have no obligation to monitor or verify user-submitted content.
13. Acceptable use
You may not, and may not permit anyone else to:
- scrape, crawl, harvest, index or bulk-extract data from the Platform by any automated means, or use the Platform to build or train a competing product, dataset or model;
- circumvent rate limits, entitlement checks, paywalls, lane restrictions or usage caps;
- resell, sublicense, republish or redistribute Platform data — including load, truck, rate, capacity and carrier data — outside your own organisation, except as strictly needed to complete a transaction you are party to;
- share, sell or transfer account credentials, or allow multiple people to use a single seat;
- post false, duplicate, stale, bait or “phantom” loads or trucks;
- impersonate any person, company, MC number or DOT number;
- probe, scan or test the security of the Platform, or bypass any access control;
- upload malware, or interfere with the operation of the Platform or its infrastructure;
- use the Platform to send unsolicited commercial messages;
- use the Platform in violation of applicable export, sanctions or anti-corruption law.
We may investigate suspected violations and may suspend access immediately where we reasonably believe users, freight or the Platform are at risk.
14. Confidentiality of transaction data
Rates, load details, counterparty identities and other non-public information you receive through the Platform about another user are confidential. Use them only to evaluate and complete the transaction they relate to. Do not disclose them to third parties except to your employees, agents and advisors who need them and are bound to equivalent confidentiality — or where disclosure is legally required.
15. Third-party services and integrations
The Platform integrates with third-party services, including payment processing, mapping and imagery, container and rail tracking, email and SMS delivery, push notification delivery, error monitoring, TMS connections (including SFTP file exchange), and the AI assistant described in Section 16.
Those services are operated by third parties under their own terms and privacy practices. We do not control them and are not responsible for their availability, accuracy or acts. Where you connect your own TMS or third-party account, you are responsible for the credentials you supply and for the data exchanged.
16. AI support assistant
Support conversations may be answered first by an automated assistant built on a third-party large language model.
- The assistant is a support tool, not advice. It does not give legal, regulatory, safety, tax or financial advice, and it cannot bind Freighthub.
- Its answers may be incomplete or wrong. Verify anything important, and do not rely on it for compliance decisions.
- It can hand a conversation to a human at any time, and you can ask for a human at any time.
- Your support messages are sent to our AI provider to generate a reply. We do not permit that provider to use your conversations to train its models.
- Do not put payment card numbers, passwords or other secrets into support chat.
17. Availability, changes and beta features
We aim to keep the Platform available but we do not promise uninterrupted or error-free service. We may modify, suspend or discontinue features at any time. Planned maintenance, third-party outages and force majeure events will affect availability.
Features labelled beta, preview or early access are provided as-is, may change or be withdrawn without notice, and should not be relied on for critical operations.
18. Intellectual property
The Platform — including its software, design, interfaces, text, graphics, logos, analytics models and compiled data — is owned by Freighthub or its licensors and is protected by intellectual property law. Subject to these Terms and your payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Platform for your internal business purposes. No other rights are granted. “Freighthub”, our logo and our product names are our trademarks; do not use them without written permission.
If you send us feedback or suggestions, we may use them without restriction or compensation.
19. Disclaimers
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by law, Freighthub disclaims all warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or trade usage.
Without limiting that, we make no warranty that: the Platform will be uninterrupted, secure or error-free; any data — including FMCSA data, verification results, fraud scores, safety indicators, market rates, ETAs or location data — is accurate, current or complete; any user is who they claim to be, holds valid authority or insurance, or will perform; or that any load, truck or lane posted is genuine or available.
20. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
Freighthub and its officers, directors, employees, agents, licensors and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, loss of use, or loss or corruption of data — however caused and on any theory of liability — even if we were advised of the possibility.
We will not be liable for, and expressly disclaim responsibility for:
- cargo loss, damage, contamination, theft, shortage or delay;
- non-payment, short payment, chargeback, offset or insolvency of any user;
- fraud, misrepresentation, identity theft, double-brokering or any other wrongful act by a user or third party;
- personal injury, property damage or death arising from the operation of any motor vehicle;
- any decision you make in reliance on verification results, fraud scores, safety data, ratings, market data, tracking positions or ETAs;
- freight claims, detention, accessorials, layover, or any dispute between users.
Our total aggregate liability for all claims relating to the Platform or these Terms will not exceed the greater of (a) the total subscription fees you actually paid us in the [twelve (12)] months immediately before the event giving rise to the claim, or (b) [US$100].
Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you. Nothing here excludes liability that cannot lawfully be excluded.
21. Indemnification
You will defend, indemnify and hold harmless Freighthub and its officers, directors, employees and agents from and against any claim, demand, action, liability, loss, damage, fine, penalty, judgment, settlement, cost and expense (including reasonable legal fees) arising out of or relating to:
- your use of the Platform;
- Your Content, and any document, posting or representation you make;
- any transportation transaction you enter into, and any cargo, personal injury, property damage or payment claim arising from it;
- your breach of these Terms or of any law, regulation or third-party right;
- your handling of driver, employee or third-party personal data, including location data;
- any dispute between you and another user.
We may assume exclusive defence and control of any matter subject to indemnity by you, at your expense, and you will cooperate with us.
22. Suspension and termination
By you. You may stop using the Platform at any time and may delete your account from your account settings. Deleting your account revokes your sessions and any paired driver devices.
By us. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we are required to by law, if your payment fails, if your regulatory status lapses, or if we reasonably believe your conduct puts users, freight or the Platform at risk.
Effect. On termination your licence ends immediately. Sections that by their nature should survive — including 11, 14, 18, 19, 20, 21, 23 and 24 — survive. Termination does not entitle you to a refund, and does not release either party from obligations already accrued.
We may retain records after termination as described in the Privacy Policy and as required for legal, tax, audit and dispute-resolution purposes.
23. Dispute resolution and arbitration
Informal resolution first. Before starting formal proceedings, contact us at legal@bafastfreight.com with a written description of the dispute and the relief you seek. The parties will try in good faith to resolve it for [60] days.
Binding arbitration. If that fails, any dispute arising out of or relating to these Terms or the Platform will be resolved by final and binding arbitration administered by [ARBITRATION PROVIDER] under its commercial rules, before one arbitrator, seated in Los Angeles County, California, conducted in English. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Class action waiver. Disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or preside over any representative action.
Exceptions. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or equitable relief in court to protect intellectual property or confidential information.
Opt-out. You may reject this arbitration agreement by sending written notice to the address in Section 26 within [30] days of first accepting these Terms, stating your name, account email and intent to opt out. Opting out does not affect any other part of these Terms.
24. Governing law and venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to Section 23, the state and federal courts located in Los Angeles County, California have exclusive jurisdiction, and both parties consent to that venue and waive any objection to it. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
25. Changes to these Terms
We may update these Terms. When we do, we will change the “Last updated” date and, for material changes, give notice through the Platform or by email at least [15] days before they take effect. Continuing to use the Platform after the effective date means you accept the updated Terms. If you do not accept them, stop using the Platform and cancel your subscription.
26. Notices
We may give you notice by email to the address on your account, or by posting in the Platform. You must send legal notices to us in writing at:
You are responsible for keeping a working email address on your account.
27. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Freighthub about the Platform and replace all prior discussions and understandings.
- Severability. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the rest stays in force.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.
- Independent contractors. Nothing here creates a partnership, joint venture, employment or agency relationship.
- Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control.
- No third-party beneficiaries. These Terms do not give rights to anyone who is not a party to them.