Terms of Service

These Terms of Service (“Terms”) constitute a binding legal agreement between you (“you,” “your,” or “User”) and FreightSurf (“FreightSurf,” “we,” “us,” or “our”) governing your access to and use of the FreightSurf operational intelligence platform and related services (collectively, the “Service”).

By creating an account, connecting your Gmail inbox, accessing the platform, or using any feature of the Service, you confirm that you have read, understood, and agreed to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

FreightSurf is an AI-powered operational intelligence platform for freight brokers. The Service connects to your Gmail inbox via OAuth 2.0, monitors inbound carrier emails, extracts structured freight intelligence, verifies carriers against the FMCSA national database, scores carrier risk, matches carriers to active loads, and provides AI-assisted workflow tools including reply suggestions and counter-offer recommendations.

The Service is provided as a software-as-a-service (“SaaS”) platform. FreightSurf reserves the right to modify, update, enhance, or deprecate features of the Service at any time, provided that material reductions in functionality for paid plans will be communicated with at least 30 days' notice.

FreightSurf operates on a commercially reasonable efforts basis and targets high service availability. However, the Service is provided without any guarantee of uninterrupted availability.

• FreightSurf may experience planned maintenance windows, typically conducted during low-usage periods and announced in advance where feasible.
• FreightSurf may experience unplanned outages due to infrastructure failures, third-party service disruptions (including Google API availability), or security incidents.
• FreightSurf does not guarantee a specific uptime percentage unless a separate Service Level Agreement (SLA) has been executed as part of an Enterprise plan.
• FreightSurf is not liable for any losses, missed opportunities, or operational impact resulting from service downtime, delays, or unavailability.

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

• Maintaining the confidentiality of your account credentials.
• All activity that occurs under your account.
• Notifying FreightSurf immediately at support@freightsurf.com if you suspect unauthorized access to your account.
• Ensuring that users on your team who access the Service comply with these Terms.

FreightSurf is not liable for any loss or damage resulting from your failure to maintain account security.

Subscription Plans

FreightSurf offers paid subscription plans (Starter, Pro, Team, and Enterprise) with features and usage limits described on the FreightSurf pricing page. Subscriptions are billed monthly or annually in advance, depending on the billing cycle you select at the time of purchase.

Pricing Changes

FreightSurf reserves the right to change subscription pricing. We will provide at least 30 days' written notice (via email to your registered address) before a price change takes effect for existing subscriptions. Continued use of the Service after a price change constitutes your acceptance of the updated pricing.

Non-Refundable Fees

Subscription fees are non-refundable except as required by applicable law or as expressly stated in these Terms. If you cancel mid-billing-cycle, your access to the Service continues through the end of your current paid period. No partial refunds are issued for unused time.

Failed Payments

If a payment fails, FreightSurf will notify you and may suspend access to the Service until payment is resolved. Persistent payment failure may result in account termination per Section 19.

Taxes

Subscription fees are exclusive of applicable taxes. You are responsible for paying all taxes, levies, and duties applicable in your jurisdiction.

FreightSurf offers a 14-day free trial for new accounts. During the trial period, you have access to the features included in your selected plan tier at no charge.

• No credit card is required to begin a free trial.
• At the end of the trial period, you must enter payment information to continue using the Service.
• If you do not activate a paid subscription, your access to the Service will be suspended and your data will be retained for 30 days before deletion.
• FreightSurf reserves the right to modify or discontinue the free trial offering at any time.

The FreightSurf Service operates by connecting to your Gmail account via Google OAuth 2.0. By connecting your Gmail account to FreightSurf, you grant FreightSurf permission to access your Gmail inbox under the following terms:

Read Access

FreightSurf requests read access to monitor your inbox and identify, classify, and process carrier-related email communications. This access is used exclusively to provide the carrier intelligence features of the Service.

Send Access

If you use AI-assisted reply or outbound email features within the platform, FreightSurf will request permission to send emails on your behalf via the Gmail API. Outbound emails are only dispatched upon your explicit authorization within the platform. FreightSurf does not send emails autonomously or without your active confirmation.

Data Handling

FreightSurf's handling of Gmail data is governed by the Privacy Policy, including the detailed disclosures in Section 3 of that policy. FreightSurf's use of Gmail data complies with the Google API Services User Data Policy, including the Limited Use requirements.

Revoking Access

You may revoke FreightSurf's Gmail access at any time from your Google Account settings. Revoking access will suspend inbox monitoring features. FreightSurf will not attempt to re-authorize Gmail access without your explicit action to reconnect within the platform.

By using AI-assisted features of the Service, you acknowledge and agree that:

• Risk scores, carrier rankings, and verification results are generated using automated analysis of available data and may not reflect the full current status of a carrier.
• FreightSurf does not guarantee the accuracy, completeness, or reliability of any AI-generated output.
• FreightSurf does not guarantee the safety, legitimacy, financial reliability, regulatory compliance, or operational suitability of any carrier identified or ranked by the platform.
• All final decisions regarding carrier selection, rate negotiation, load booking, and any resulting freight transaction are your sole responsibility.
• FreightSurf is not liable for any financial loss, freight claim, regulatory violation, or operational failure resulting from your reliance on AI-generated recommendations.
• AI-generated reply suggestions and counter-offers require your review and explicit authorization before being sent.

You agree to use the Service in compliance with these Terms and all applicable laws and regulations. You are responsible for:

• Providing accurate account information and keeping it up to date.
• Using the Service solely for lawful freight brokerage business purposes.
• Ensuring that your use of the Service complies with all applicable laws, including regulations governing freight brokerage, carrier relationships, and data privacy.
• Obtaining any necessary consents from third parties whose data you input into or process through the Service.
• Reviewing all AI-generated suggestions before acting on them.
• Maintaining the security of your account credentials and monitoring for unauthorized access.
• Ensuring that authorized users within your organization comply with these Terms.

You may not use the Service to:

• Violate any applicable local, state, federal, or international law or regulation.
• Engage in fraudulent activity, including misrepresenting carrier identity or load data.
• Attempt to reverse engineer, decompile, disassemble, or extract source code from the FreightSurf platform.
• Resell, sublicense, or provide the Service to third parties not covered by your subscription without FreightSurf's written consent.
• Use the platform to process data unrelated to legitimate freight brokerage operations.
• Introduce malicious code, malware, or exploit vulnerabilities in the platform.
• Scrape, crawl, or systematically extract data from the platform using automated tools.
• Use the Service to harass, defame, or harm any carrier or third party.
• Circumvent, disable, or interfere with any security or access control features of the Service.

Each subscription plan includes defined usage limits for email processing volume and connected Gmail accounts. FreightSurf reserves the right to enforce these limits to maintain service quality for all users.

• If your usage materially and consistently exceeds your plan limits, FreightSurf will notify you and may temporarily throttle processing until your next billing cycle.
• Persistent overuse may require upgrading to a higher plan tier.
• FreightSurf does not charge automatically for overuse without prior notice to you.
• Fair use applies to all platform features. Systematic automated use of the platform beyond its intended operational purpose is prohibited.

FreightSurf's IP

The FreightSurf platform — including all software, algorithms, AI models, UI/UX designs, trademarks, and associated documentation — is the exclusive intellectual property of FreightSurf. Nothing in these Terms grants you any ownership interest in FreightSurf's technology or brand. You are granted a limited, non-exclusive, non-transferable license to access and use the Service solely for your internal freight brokerage operations, subject to these Terms.

Your Data

You retain full ownership of your data, including your carrier intelligence, extracted freight data, and business information processed through the Service. FreightSurf claims no ownership over your data and does not use it for purposes other than providing the Service, as described in the Privacy Policy.

If you provide FreightSurf with feedback, suggestions, ideas, or feature requests (“Feedback”), you grant FreightSurf a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, incorporate, and commercialize that Feedback for any purpose, without compensation or attribution to you. FreightSurf has no obligation to implement any Feedback.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FREIGHTSURF EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING:

• Any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
• Any warranty that the Service will be uninterrupted, error-free, or free of harmful components.
• Any warranty regarding the accuracy, completeness, or reliability of AI-generated outputs, carrier risk scores, verification results, or load-matching recommendations.
• Any warranty that the Service will meet your specific operational requirements.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FREIGHTSURF BE LIABLE FOR:

• Any indirect, incidental, special, consequential, punitive, or exemplary damages.
• Loss of profits, revenue, business, goodwill, data, or anticipated savings.
• Damages arising from carrier fraud, double-brokering, freight claims, or any freight transaction outcome.
• Damages arising from third-party service unavailability, including Google API outages.
• Damages arising from your reliance on AI-generated recommendations or risk scores.

FREIGHTSURF'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO FREIGHTSURF IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow certain liability exclusions or limitations, so some of the above may not apply in your jurisdiction.

You agree to indemnify, defend, and hold harmless FreightSurf and its officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service in violation of these Terms.
• Your violation of any applicable law or regulation.
• Any freight transaction, carrier relationship, or business decision made in connection with your use of the Service.
• Any data you submit to or process through the Service that infringes the rights of a third party.

Informal Resolution First

Before initiating any formal dispute resolution, you agree to contact FreightSurf at legal@freightsurf.com and give us 30 days to attempt to resolve the dispute informally.

Binding Arbitration

If informal resolution fails, you and FreightSurf agree that any dispute, claim, or controversy arising from or relating to these Terms or the Service — including questions about the validity, interpretation, scope, or enforceability of these Terms — will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Class Action Waiver

You and FreightSurf each waive any right to bring claims as a plaintiff or class member in any class action, collective action, or representative proceeding. All claims must be brought on an individual basis.

Exceptions

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent immediate harm pending arbitration.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. To the extent that any dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.

Termination by You

You may cancel your subscription at any time from your account settings or by contacting support@freightsurf.com. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until the period ends. No refunds are issued for unused time.

Termination by FreightSurf

FreightSurf may suspend or terminate your account immediately and without prior notice if:

• You breach any material provision of these Terms.
• You engage in activity that poses a security risk to the Service or other users.
• Your payment obligations are not met after notice and a reasonable cure period.
• FreightSurf is required to do so by applicable law.

Effect of Termination

Upon termination, your right to access the Service ceases immediately. Sections of these Terms that by their nature should survive termination — including intellectual property, limitation of liability, indemnification, and governing law — will remain in effect.

FreightSurf reserves the right to update these Terms at any time. We will provide notice of material changes via email to your registered address and by posting an updated version of the Terms on the FreightSurf website, with an updated “Last updated” date.

Material changes will take effect 30 days after notice is provided. Changes addressing legal or security requirements may take effect immediately. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using the Service and cancel your subscription before the effective date.

Entire Agreement

These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and FreightSurf regarding the Service and supersede all prior agreements or understandings relating to the same subject matter.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

No Waiver

FreightSurf's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment

You may not assign these Terms or any rights under them without FreightSurf's prior written consent. FreightSurf may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, with 30 days' notice to you.

Contact

For questions regarding these Terms, contact us at legal@freightsurf.com.