These Terms of Service ("Terms") form a binding agreement between you ("you", "Customer") and James Wesley Productions ("we", "us", "Company"), the operator of freights.app (the "Service"). By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. The Service
freights.app provides text-based digital proof of pickup (POR) and proof of delivery (POD) tools for trucking companies, owner-operators, fleets, and freight brokers, including link generation, signature capture, photo upload, and archival of completed shipments.
2. Accounts & Eligibility
You must be at least 18 years old and authorized to bind your business to these Terms. You are responsible for the activity of all users under your workspace, for keeping credentials secure, and for notifying us of unauthorized access. We may suspend or terminate accounts that violate these Terms.
3. Beta Service
The Service is currently in beta. Features, usage limits, pricing, and availability may change, be paused, or be removed at any time. Purchases may be disabled during beta periods. The Service is provided on an "as is" basis during beta with no service-level commitment.
4. Subscriptions & Billing
Paid plans are billed monthly in advance. Usage above the included monthly load allowance is billed at the per-load overage rate listed on the pricing page at the time of usage. Fees are non-refundable except where required by law. You authorize us and our payment processor to charge your payment method for all amounts due. You may cancel at any time; cancellation takes effect at the end of the current billing period.
5. SMS / Text Messaging
You represent that you have all required consents to send text messages on behalf of your business to the phone numbers you supply to the Service, and that your messages comply with the TCPA, CTIA, A2P 10DLC rules, and any other applicable laws. You are responsible for honoring opt-outs. We may suspend messaging if we reasonably believe your use is non-compliant or abusive.
6. Customer Data
You retain all rights to the shipment, contact, signature, and photo data you submit ("Customer Data"). You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to operate the Service for you. You represent that you have the rights and consents necessary to upload Customer Data.
7. Acceptable Use
You will not use the Service unlawfully, to send spam, to harass, to infringe intellectual property, to upload malware, to reverse engineer the Service, or in violation of our Acceptable Use Policy.
8. Intellectual Property
The Service, including the "freights.app" name and logo, is owned by James Wesley Productions and protected by U.S. and international intellectual property laws. We grant you a limited, revocable, non-transferable license to use the Service in accordance with these Terms. No other rights are granted by implication.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or that data will not be lost.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JAMES WESLEY PRODUCTIONS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR USD $100 IF NOTHING WAS PAID.
11. Indemnification
You will defend, indemnify, and hold harmless James Wesley Productions and its officers, owners, and employees from any claim arising out of (a) your Customer Data, (b) your use of the Service, or (c) your violation of these Terms or any applicable law, including SMS, trucking, or carrier regulations.
12. Termination
You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access immediately for any breach of these Terms or for any unlawful use. Upon termination, your right to use the Service ends; sections that by their nature should survive will survive.
13. Governing Law & Disputes
These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in Texas, and you consent to personal jurisdiction there.
14. Changes to the Terms
We may update these Terms from time to time. Material changes will be announced via the Service or by email. Continued use after the effective date constitutes acceptance of the updated Terms.
15. Contact
James Wesley Productions — operator of freights.app. Questions: legal@freights.app.