GetCarrier Shipping Platform Terms and Conditions of Service

These GetCarrier Shipping Platform Terms and Conditions of Service, together with the GetCarrier Privacy Policy incorporated by reference (collectively, this "Agreement") are entered into by and between the company or individual accepting this Agreement ("Customer") and GetCarrier LLC, a Delaware limited liability company ("GetCarrier"). Capitalized terms have the meanings ascribed to them in this Agreement.

This Agreement sets forth the terms under which a Customer may use (i) GetCarrier's online shipping platform located at getcarrier.com or such other location as it may be located in the future (the "Platform") and (ii) the GetCarrier Service (including GetCarrier brokerage services requested or provided outside of the Platform). The "GetCarrier Service" is GetCarrier's property brokerage services and other services, products and software offered by GetCarrier related to less-than-truckload ("LTL"), auto transport, and expedited freight transportation. By accessing or using the Platform or the GetCarrier Service, Customer confirms its agreement to be bound by this Agreement.

1. Provision of Services

1.1 Access to Services.

GetCarrier will establish a Customer account that will enable Customer to access the Platform and the GetCarrier Service. Customer agrees to pay all applicable charges for the GetCarrier Service booked, tendered or otherwise purchased on the Platform, and Customer is responsible for all charges incurred by Customer and any individual authorized by Customer to use the Platform (a "Customer User").

1.2 License.

Subject to Customer's compliance with this Agreement, GetCarrier grants Customer a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Platform solely in connection with using the GetCarrier Service. Any rights not expressly granted are reserved by GetCarrier and its licensors.

1.3 Restrictions.

Customer shall not, and shall not authorize others to: (a) remove any copyright, trademark or other proprietary notices from any portion of the Platform or the GetCarrier Service; (b) reproduce or use the Platform or any of its content for the purpose of developing, training, testing, or improving artificial intelligence or machine learning algorithms; (c) reproduce, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display or otherwise exploit any portion of the Platform except as expressly permitted by GetCarrier; (d) decompile, disassemble or reverse engineer the Platform; (e) frame or mirror any portion of the Platform; (f) scrape, harvest, index or otherwise data mine any portion of the Platform; (g) attempt to gain unauthorized access to the Platform; or (h) probe or test the vulnerability of the Platform or breach any security or authentication measures.

2. Account Administration

2.1 Customer Account.

Customer shall be provided with access to its account on the Platform. The Platform enables Customer to (a) build shipments and receive price quotes from GetCarrier for LTL, auto transport and expedited freight, (b) tender a shipment to GetCarrier, another broker and/or a motor carrier, and (c) view shipment information, which may include Customer User name and timestamps, cargo and shipment information, motor carrier and driver identifying and location information, equipment, pickup and delivery times and addresses, contact persons, trip route, distance, and the price charged (collectively, "Platform Data"). Customer agrees to use Platform Data solely for legitimate business purposes. GetCarrier may add, remove or update features at any time.

2.2 Administration.

Customer agrees to (a) keep all Platform login credentials confidential, (b) only permit authorized Customer Users to access the Platform, and (c) keep account information current. Customer is responsible for all activity under its login credentials.

3. Privacy and Data Security

"Personal Data" means any information that can reasonably relate to an identified or identifiable natural person, or that may otherwise be considered "personal data," "personal information" or equivalent under applicable law. Personal Data is subject to the GetCarrier Privacy Policy. Customer agrees to implement appropriate technical and organizational measures to protect any Personal Data obtained from GetCarrier and to promptly notify GetCarrier of any actual or suspected unauthorized access or disclosure ("Information Security Incident"), including its nature, the data categories involved, expected consequences, and remediation steps.

4. Quotes, Fees and Payment

4.1 Non-Binding Quotes.

Quotes provided through the Platform are estimates based on the information Customer provides. Final pricing may vary based on actual shipment details, dimensions, weight, freight class, pickup and delivery conditions, vehicle condition (for auto transport), accessorial events, and other variables. By using the GetCarrier Service for a shipment, Customer agrees to any updated price.

4.2 Payment Terms.

Customer will pay GetCarrier the amount of any shipment booked, tendered or purchased on the Platform and any accessorial fees that occur. Customer will accept GetCarrier invoices via email or other electronic means. Except where Customer has provided credit card information, Customer will pay GetCarrier all fees by ACH or other approved method within thirty (30) days of the invoice date. If Customer has provided credit card information, Customer consents to an authorization hold prior to pickup and to fees being charged to the card upon pickup and upon any invoice for accessorial events. Customer accepts electronic versions of proofs of delivery and other shipping documents.

4.3 Accessorial Charges.

Accessorial charges (including, without limitation, detention, layover, truck order not used (TONU), re-delivery, residential pickup or delivery, lift-gate service, limited-access locations, lumper charges, storage, reweigh, reclassification, inoperable vehicle handling for auto transport, and similar items) will be invoiced to Customer at GetCarrier's then-current rates or at cost plus an administrative fee, as applicable.

4.4 Payment Disputes.

To dispute any invoice, Customer must notify GetCarrier in writing at sales@getcarrier.com within fifteen (15) days of the invoice date with the amount disputed and the basis for the dispute. Customer waives any dispute not raised within that period. The undisputed portion of the invoice must be paid in accordance with Section 4.2.

4.5 Nonpayment.

Late payments shall bear interest at 12% per annum or the maximum allowed by applicable law, if less. GetCarrier may pursue all remedies available under law, including suspending or terminating Customer's access to the Platform and reporting Customer to credit reporting agencies.

5. Term and Termination

This Agreement commences upon the earliest of Customer's initial use of the Platform or acceptance of this Agreement and remains in effect until terminated. Either party may terminate this Agreement with or without cause upon five (5) days' written notice; provided that this Agreement remains binding on Customer for as long as Customer accesses or uses the Platform or the GetCarrier Service. Sections of this Agreement that by their nature should survive termination (including liability, payment, and indemnification) will survive.

6. Transportation Provisions

6.1 General.

GetCarrier LLC is a federally licensed property freight broker as defined by 49 USC §13102(2) under authority granted by the Federal Motor Carrier Safety Administration of the U.S. Department of Transportation. GetCarrier is not a motor carrier. No interpretation of written or oral remarks in any agreement or document shall be construed to imply that GetCarrier is a motor carrier.

A "motor carrier," as used in this Agreement, means any motor carrier or trucking company as defined by 49 USC §13102(14) with authority issued by the federal and/or applicable state governments. The motor carrier is solely responsible for (i) controlling the method, manner, and means of accomplishing its services, (ii) the acts and omissions of its employees, agents and subcontractors, (iii) complying with all laws and regulations applicable to it, (iv) any cargo loss or damage in accordance with applicable federal law, and (v) completing the transportation services in accordance with pickup or delivery instructions. GetCarrier does not assume any liability or financial responsibility for cargo, including any loss, theft, damage or delayed delivery.

GetCarrier may tender loads sent to it by Customer to another broker, including an affiliate, to arrange transportation by a third-party motor carrier, in which case Customer agrees that the other broker will be responsible for the selection of the transporting motor carrier and GetCarrier will incur no liability for such selection.

Customer agrees that the amount GetCarrier pays to any motor carrier is proprietary business information that will not be provided to Customer, and Customer waives any rights it may have under 49 CFR 371.3 to require such information.

Customer agrees not to tender any cargo containing (i) household goods, (ii) illegal goods, (iii) garbage, refuse, or trash, (iv) live animals, or (v) hazardous materials except as expressly arranged with GetCarrier outside the standard Platform flow. Any hazardous materials shipments must be properly packaged, labeled, and documented in accordance with applicable federal, state and local laws. Customer will defend, indemnify and hold harmless GetCarrier and the transporting motor carrier from any claims, penalties, fines or damages arising out of Customer's failure to comply.

6.2 LTL Shipments.

For LTL shipments, the freight class identified by Customer or estimated by GetCarrier may differ from the carrier's reclassification based on actual density, dimensions, handling, stability, or liability characteristics. Reclassification, reweigh, accessorial, and similar charges are subject to the motor carrier's tariff and will be passed through to Customer. GetCarrier is not responsible for any freight claims that are denied by the performing motor carrier. Freight class estimates are provided as a convenience only and use of any estimate is at Customer's own risk.

6.3 Auto Transport.

For auto transport, Customer represents that Customer is the owner of the vehicle or has the authority of the owner to tender the vehicle for shipment. Customer is responsible for ensuring the vehicle is in the condition described in the booking (e.g., operable vs. inoperable, modifications, ground clearance, oversized). Inoperable, oversized, lifted, or modified vehicles may incur additional fees and require special equipment. Customer must remove all personal items from the vehicle prior to pickup; personal items left in the vehicle are not covered for loss or damage. Customer or its authorized representative must be present at pickup and delivery to inspect the vehicle and sign the bill of lading or condition report. Any damage claim must be noted on the condition report at the time of delivery and filed in writing with the motor carrier within the carrier's designated time frame. Estimated pickup and delivery windows are not guaranteed and depend on carrier availability, weather, road conditions, and other factors.

6.4 Expedited Freight.

For expedited shipments (sprinter van, box truck, dedicated team service, hot-shot), pickup and delivery times provided by GetCarrier are estimates based on standard routing and conditions. While GetCarrier and the contracted motor carrier will use commercially reasonable efforts to meet requested windows, GetCarrier does not guarantee on-time pickup or delivery. Expedited rates are subject to change in the event of route deviation, additional stops, dwell time, equipment changes, or other variables that occur after booking.

6.5 Cargo Insurance.

Motor carriers contracted through GetCarrier are required to maintain cargo liability insurance as required by applicable law. GetCarrier is not an insurance producer and is not liable for any cargo loss or damage. Any insurance coverage offered through the Platform is provided by a third-party insurer, and the terms of the policy will govern coverage, exclusions, deductibles, and claims.

7. Customer Responsibilities

Customer is responsible for providing accurate and complete information about each shipment, including, where applicable, weight, dimensions, freight class, commodity, vehicle make/model/year and condition, pickup and delivery addresses, contact information, and any special handling requirements. Inaccurate or incomplete information may result in delays, additional fees, reclassification, refusal of service, or cancellation. Customer must ensure that each shipment complies with all applicable laws, regulations and carrier requirements, including proper packaging, labeling, and documentation.

8. SMS Communications

By providing a mobile phone number and opting in, Customer consents to receive SMS messages from GetCarrier related to quotes, shipment updates, appointment reminders, billing, and account status. Message frequency may vary. Message and data rates may apply. Reply STOP to opt out at any time, or HELP for help. Phone numbers collected for SMS purposes will not be shared with third parties or affiliates for marketing purposes. Standard messaging disclosures and details are described in the Privacy Policy.

9. Warranties and Disclaimer

Each party represents that it has the full right, power and authority to enter into this Agreement. Customer represents that it has all rights and consents necessary to provide any information to GetCarrier and to tender any shipment. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PLATFORM AND THE GETCARRIER SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GETCARRIER DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL GETCARRIER BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE PLATFORM OR THE GETCARRIER SERVICE, EVEN IF GETCARRIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GETCARRIER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO GETCARRIER FOR THE SPECIFIC SHIPMENT GIVING RISE TO THE CLAIM.

11. Indemnification

Customer will defend, indemnify and hold harmless GetCarrier and its officers, directors, employees, agents, and affiliates from and against any third-party claims, damages, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising out of or relating to (a) Customer's breach of this Agreement, (b) Customer's violation of any law, (c) any shipment tendered by Customer, including any inaccurate or incomplete information provided by Customer, and (d) any claim asserted against GetCarrier by a customer of Customer.

12. Modifications

GetCarrier may amend, modify or update this Agreement from time to time, effective upon posting of an updated version on the Platform. GetCarrier will provide notice of material changes through the Platform, by email, or by updating the date at the top of this Agreement. Continued use of the Platform or the GetCarrier Service after any change constitutes Customer's consent to the change.

13. Governing Law and Disputes

This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement that cannot be resolved informally shall be brought exclusively in the state or federal courts located in Delaware, and the parties consent to the personal jurisdiction of such courts.

14. Miscellaneous

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements. If any provision of this Agreement is held to be unenforceable, the remaining provisions will remain in full force and effect. Customer may not assign this Agreement without GetCarrier's prior written consent. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver.

15. Contact

GetCarrier LLC
8 The Grn, Ste 7362, Dover, DE 19901
Email: sales@getcarrier.com
Phone: 605-552-4008