Terms & Conditions

These Terms and Conditions ("Terms") govern your use of the FreightScout platform operated by FreightScout, Inc. ("FreightScout," "we," "us"). By using our services, you agree to these Terms. If you do not agree, do not use the service.

1. Service Description and Who Sends What

FreightScout provides execution intelligence software for freight brokerages, including load coordination, carrier communication, and customer sales tools. FreightScout, Inc. is the provider and operator of the software.

The platform sends three different kinds of message, and they do not share a sender. Which one applies decides who carries the sending obligations under CAN-SPAM, the TCPA and the equivalent state rules:

• Email from a mailbox you connect is sent by you, from your address and your domain, under your own compliance obligations. FreightScout provides the tool that composes and delivers it.
• Operational SMS and voice to carriers, drivers and dispatch contacts about your loads is sent on your behalf, in the course of your brokerage's operations. You are the sender of record. FreightScout is your service provider for delivery.
• FreightScout's own transactional messages, such as sign-in, billing and service notices, are sent by FreightScout from our own address, and we are the sender of record for those.

2. Eligibility and Accounts

The service is available to freight brokerages and their authorized personnel. Access is provisioned by a brokerage administrator. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

3. Acceptable Use

You agree to use FreightScout only for lawful freight brokerage operations. You will not:

• Use the platform to send unsolicited commercial messages, spam, or marketing communications to individuals who have not consented to receive them, except as expressly permitted by the business outreach carve-out below.
• Attempt to circumvent access controls, security features, or rate limits.
• Use the platform to harass, threaten, or defraud any person.
• Share your account credentials with unauthorized individuals.
• Use the service in any way that violates applicable federal, state, or local law or regulation.

Business outreach carve-out. The first bullet is aimed at consumer spam and at messages sent to people who never asked to hear from anyone. It does not prohibit, and must not be read as prohibiting, the business development the platform is built to run: email, calls and texts that you send, as the sender, to people at businesses, at their business contact details, about freight, in the course of your brokerage's trade. Outreach of that kind is permitted use of the service.

The carve-out comes with conditions, and they are yours to meet:

• You are the sender. The outreach goes out under your brokerage's name, address and domain, and you are responsible for it.
• You send to business contacts at businesses, about freight. Not to consumers, and not about anything outside your trade.
• You comply with CAN-SPAM, the TCPA, state telemarketing, do-not-call and call-recording law, and anything else that applies to you. Every commercial email carries a working unsubscribe and a valid physical postal address.
• You honour an unsubscribe, a STOP, or a spoken request to stop, on every channel, promptly, and you do not route around one by using a different number, address or feature.
• You do not use purchased consumer lists, and you do not use the service for consumer marketing of any kind.

Outreach that meets those conditions is not a breach of this section. Outreach that does not is, and we may suspend the sending features of your account until it stops.

4. SMS and Messaging Terms

FreightScout sends operational text messages as part of freight brokerage operations managed through our platform. You consent to receive them either by checking the optional SMS consent checkbox on our contact form, or by providing a mobile number and agreeing to receive operational messages during carrier onboarding, load booking, or shipment coordination.

Providing your phone number alone does NOT constitute consent. Consent must be granted affirmatively. On the website, that means checking the box, which is unchecked by default. Consent to receive SMS messages is never a condition of purchase or of using FreightScout, and you can withdraw it at any time.

Consent for the numbers you give us, and the record of it. Where your brokerage supplies a mobile number for a driver, a carrier or a dispatch contact, you are the party that obtains that person's consent to be texted, and you are responsible for having obtained it. You must keep a record of each consent that identifies who consented, when, through which channel, and against which load or carrier, and you must be able to produce that record to us, to a carrier, or to a regulator on request. Do not supply a number you cannot evidence consent for. If a consent cannot be evidenced when it is asked for, tell us, and we will stop messaging that number.

Executive assistant messaging. Separately from the operational freight messaging described above, FreightScout operates an executive assistant line used to coordinate meetings on behalf of company leadership. Recipients are individuals who have an existing business relationship with FreightScout and who provided their mobile number directly in the course of that relationship, such as by booking a meeting through our scheduling page, by an email exchange, or as an established partner or vendor. Numbers are never purchased or rented, and these messages are never used for cold outreach. Consent to receive them is never a condition of purchase, of a meeting, or of any business relationship with FreightScout, and you may withdraw it at any time. This is a distinct messaging program from the operational freight messaging above, and consent to one is not consent to the other.

5. Term, Fees and Renewal

Unless your order form or signed agreement says otherwise, the standard initial term is twelve months from the date your brokerage's access begins. That is the term quoted on our pricing page. Where any other FreightScout document states a different length, your signed order form governs, and in the absence of one, twelve months governs.

At the end of the initial term this agreement renews for successive twelve-month terms unless either party gives written notice of non-renewal at least 30 days before the current term ends. Fees are as set out in your order form, and we will not increase the fee during a term.

6. Intellectual Property

All content, features, and functionality of the FreightScout platform are owned by FreightScout, Inc. and are protected by copyright, trademark, and other intellectual property laws. Your use of the service does not grant you any ownership rights in the platform or its content. This section is about our software. It does not reach your data, which is dealt with in section 7.

7. Your Data: Ownership, Use and Export

You own your data. Everything your brokerage puts into the platform, and everything the platform derives from it that identifies your brokerage, your customers, your carriers, your lanes, your rates or your margins, belongs to you. That includes load records, carrier and contact records, lane and rate data, pipeline and outreach history, message and call records, and the contents of any mailbox you connect.

What we may do with it. You grant us a non-exclusive licence to host, process, transmit and display your data for one purpose: operating, supporting and securing the service for you, including running the agents and workflows you enable. That licence lasts only as long as we hold the data. We do not use it for any other customer, for any product of our own, or for advertising.

No training on your data. Your load, lane, rate, carrier, margin and contact data is not used to train generalized AI or machine-learning models. It is not pooled with any other customer's data into a shared model, index, benchmark or rate product. It is not disclosed to any model provider on terms that permit that provider to train on it. Whatever the product learns from your data stays scoped to your brokerage. This is a contractual obligation, it survives termination, and no change to our Privacy Policy alters it.

Export. You may export your data in a machine-readable format at any time during the term, using the export built into the product. On termination, for any reason, you have 60 days from the termination date to export it. During that window we keep it available, and on written request we will provide a full export within 15 days of the request. We will not withhold an export over a fee dispute. After the 60-day window your data is deleted as described in our Privacy & Messaging Policy.

8. Confidentiality

Each party will keep the other's non-public business information confidential, use it only to perform this agreement, and disclose it only to its own people and professional advisers who need it and who are bound by the same duty. Your freight, lane, rate, carrier, margin, customer and contact data is your confidential information. Our non-public pricing, software and documentation is ours.

Neither party will disclose the other's confidential information to a third party without written consent, except where disclosure is required by law or by a court, in which case the party required to disclose gives the other prompt notice where it is lawful to do so and discloses only what is required.

These obligations run for the term and for five years after it ends, and indefinitely for anything that is a trade secret. They do not apply to information that is public through no fault of the receiving party, was already known to it without a duty of confidence, or was independently developed without use of the other party's information.

9. FreightScout Is Not a Freight Broker

Representation. FreightScout, Inc. holds no freight broker authority and no motor carrier authority. It does not broker or move freight, does not hold itself out as a broker or a carrier, and does not compete with its customers for freight.

Covenant. For the term of this agreement and for twelve months after it ends, FreightScout will not use your data to solicit your shippers or your carriers, whether for itself or for any other customer. If the representation above stops being true, we will tell you in writing before the change takes effect, and you may then terminate without penalty and receive a pro-rata refund of any fees paid for the unused remainder of your term.

10. Data and Privacy

Your use of FreightScout is also governed by our Privacy & Messaging Policy, which describes how we collect, use, and protect your data, including detailed disclosures about email, calendar, and SMS data handling, the providers that process data on our behalf, and how long each category of record is kept. Where that policy and these Terms differ on a promise we make about your data, these Terms govern.

11. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance when possible.

If we discontinue the service. We may modify, suspend or discontinue the service. If we discontinue it, or discontinue a feature your brokerage materially relies on, we will give you at least 90 days written notice, and you receive a pro-rata refund of any fees paid for the unused remainder of your term. The export rights in section 7 run from the date of that notice rather than from termination, so the whole notice period is available to get your data out.

12. Limitation of Liability

To the maximum extent permitted by law, FreightScout shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the service. Our total liability for any claim arising from these Terms shall not exceed the fees you paid to FreightScout in the twelve months preceding the claim. This cap does not apply to our obligations under section 8, to the no-training obligation in section 7, or to our indemnity in section 13.

13. Indemnification

You indemnify us against claims, damages and expenses arising from your use of the service, your violation of these Terms, your violation of any applicable law or regulation, and the content and recipients of the messages you send as sender under section 1, including a claim that a message you sent was unconsented.

We indemnify you against claims that the FreightScout software, used as we intended it to be used, infringes a third party's patent, copyright, trademark or trade secret, and against claims arising from our own breach of section 8 or of the no-training obligation in section 7.

In either direction, the party seeking indemnity must notify the other promptly, allow the other to control the defence, and cooperate reasonably. Neither party settles a claim in a way that admits fault by the other, or imposes an obligation on it, without written consent.

14. Termination

Either party may end this agreement at the end of a term by giving the notice in section 5. Either party may terminate immediately for the other's material breach that is not cured within 30 days of written notice of it.

On termination your access to the platform ends, except for the export access in section 7, which continues for the 60-day window described there. After that window your data is deleted in accordance with our Privacy & Messaging Policy, including the retention exceptions set out in its retention table. Sections 7, 8, 12 and 13 survive termination.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts of Delaware.

16. Changes to These Terms

We may update these Terms as the service evolves. For a change that materially reduces your rights or increases your obligations, we will give your brokerage administrators at least 30 days written notice before it takes effect. If you do not accept such a change you may terminate before its effective date and receive a pro-rata refund of any fees paid for the unused remainder of your term. Changes that do not materially affect you, and changes required to comply with law, take effect when posted. Continued use after the notice period constitutes acceptance.

17. Contact

For questions about these Terms: legal@freightscout.ai. For SMS/messaging help: support@freightscout.ai or (904) 467-2114.
FreightScout, Inc. · Wilmington, DE, USA.