Terms of Service

1. Agreement & acceptance

By accessing or using the Services, or by clicking to accept these Terms, you agree to be bound by them. If you are entering into these Terms on behalf of a company or other organization, you represent that you have authority to bind that entity, and “you” refers to that entity. If you do not agree, do not use the Services. Where you and LoadGuard have signed a separate written agreement, order form, or pilot agreement covering the Services (a “Master Agreement”), that agreement governs and controls over any conflicting term here.

2. Definitions

• “Service” means the LoadGuard platform, website, tracking devices, APIs, and related features and support.
• “Customer Data” means data and content submitted to or collected through the Service by or on behalf of you or your organization, including documents, email, shipment records, and device telemetry.
• “Device” means a LoadGuard tracking device made available to you.
• “Master Agreement” means a separately executed order form, pilot agreement, or services agreement between you and LoadGuard.

3. Eligibility & accounts

The Services are intended for businesses and their authorized personnel, and are not offered to consumers. You must be at least 18 years old and able to form a binding contract to use the Services. Access is provided on an invite-only basis; accounts are provisioned by LoadGuard or by your organization’s administrator.

You are responsible for maintaining the confidentiality of your credentials, for enabling and using available security features (including multi-factor authentication), and for all activity that occurs under your account. Notify us promptly of any unauthorized use or suspected security breach.

4. The Service

The Service compiles an evidence-oriented shipment record from the data you submit and connect — including document and email intelligence, container and vessel tracking, device telemetry, alerting, and reporting. We may modify, enhance, or discontinue features from time to time. Any Devices are made available under the terms of your Master Agreement, which governs provisioning, use, return, ownership, and any related fees. Features described on our website as forthcoming or “coming soon” are not guaranteed and may change.

5. Customer data & license

As between you and LoadGuard, you retain all rights in your Customer Data. You grant LoadGuard a worldwide, non-exclusive license to host, store, process, transmit, analyze, and display Customer Data, and to create derived records and insights, in each case as necessary to provide, secure, maintain, and improve the Services and to produce the evidentiary records the Services are designed to generate.

You represent and warrant that you have all rights, permissions, and lawful bases necessary to submit Customer Data to the Services, including any personal information about third parties (such as the names and addresses of shippers, consignees, or notify parties contained in shipping documents and email), and that your submission and our processing of it will not violate any law or third-party right. You are responsible for the accuracy and legality of Customer Data.

6. Acceptable use

You agree not to, and not to permit anyone to:

• use the Services in violation of any applicable law, regulation, or third-party right;
• upload malicious code or interfere with, disrupt, or attempt to gain unauthorized access to the Services, our systems, or other customers’ data;
• reverse engineer, decompile, or attempt to derive source code from the Services or Devices, except to the extent permitted by law;
• resell, sublicense, or provide the Services to third parties except as permitted in writing by us;
• use the Services to send unlawful, harassing, or unsolicited messages, or to send messages to recipients who have not provided the required consent.

7. Messaging terms (SMS)

If you provide a mobile phone number and opt in, you agree to receive transactional and account-related text (SMS) messages from LoadGuard — for example one-time passcodes for multi-factor authentication, security and account notifications, and operational alerts you configure. Message frequency varies with your account activity and settings.

Consent to receive messages is not a condition of purchase. You can opt out at any time by replying STOP, and reply HELP for help. Message and data rates may apply, and message delivery depends on your carrier and is not guaranteed. Opting out may disable SMS-based security features such as multi-factor authentication.

8. Fees & billing

Fees for the Services and any Devices are set out in your Master Agreement. The website does not offer self-service purchasing or billing. Except as required by law or expressly stated in your Master Agreement, fees are non-refundable.

9. Third-party services

The Services rely on third-party providers — including cloud infrastructure, AI processing, container and vessel (AIS) tracking, geolocation, and messaging carriers — to function. We are not responsible for the availability, accuracy, timeliness, or performance of third-party services or data, and your use of the Services may be affected by them. Third-party data (such as carrier or AIS positions) is provided by those sources and may be incomplete, delayed, or inaccurate.

10. Intellectual property

The Services, including the platform, software, Devices, models, documentation, and all related intellectual property, are and remain the exclusive property of LoadGuard and its licensors. Except for the limited rights expressly granted to you, no rights are transferred. “LoadGuard” and our logos are our trademarks and may not be used without our prior written consent. If you provide feedback or suggestions, we may use them without restriction or obligation to you.

11. Confidentiality

Each party may access the other’s confidential information in connection with the Services. Each party agrees to protect the other’s confidential information using at least reasonable care and to use it only as necessary to perform under these Terms or a Master Agreement, except where disclosure is required by law.

12. Disclaimers of warranties

THE SERVICES, INCLUDING ALL RECORDS, REPORTS, EVIDENCE PACKAGES, TRACKING DATA, AND OTHER OUTPUTS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

While the Services are designed to produce reliable, evidence-oriented records, LoadGuard does not warrant that any record, output, or data is error-free, complete, uninterrupted, or that it will be accepted or deemed admissible or persuasive in any particular claim, insurance, arbitration, regulatory, or legal proceeding. Shipment visibility depends on third-party carrier and AIS data and on device connectivity, which may be delayed, incomplete, or unavailable. The Services do not constitute legal, insurance, customs, or other professional advice, and you are responsible for your own decisions.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO LOADGUARD FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless LoadGuard and its officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your Customer Data, your use of the Services in breach of these Terms, or your violation of any law or third-party right.

15. Term & termination

These Terms apply while you use the Services. We may suspend or terminate your access if you breach these Terms, if required for security or legal reasons, or as set out in your Master Agreement. You may stop using the Services at any time. Provisions that by their nature should survive termination — including data-license grants necessary to preserve evidentiary records, disclaimers, limitations of liability, indemnification, confidentiality, and governing law — survive.

16. Governing law & disputes

These Terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in New Jersey for any dispute arising out of or relating to these Terms or the Services, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. This section does not override any dispute-resolution terms in a Master Agreement.

17. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide additional notice where appropriate. Your continued use of the Services after an update takes effect constitutes acceptance of the revised Terms.

18. Contact us

If you have questions about these Terms, contact us at:

Project LoadGuard, Inc.
Seattle, Washington, USA
niazi@loadguard.io