PLEASE REVIEW THIS DOCUMENT CLOSELY BEFORE ACCESSING AND USING THE WEBSITE, APP, AND SERVICES as these Terms of Use ("Terms") provide the requirements for your access, from within the United States, of content, products, and services through our website, application, software, and platforms (collectively, the "Services") made available in the United States by FRAIT, LLC. The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of the Terms. In these Terms, the words "including" and "include" mean "including, but not limited to." The word "Affiliate" means any person or entity of any kind, including a corporation, partnership, limited liability entity, trust, or association, that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, FRAIT, LLC.
If you do not agree to these Terms, you may not access the Services. Other than with respect to any applicable services agreement (a "Services Agreement") with FRAIT, LLC, to the extent that any prior agreements or arrangements with you are inconsistent with these Terms, these Terms expressly supersede such prior agreements or arrangements. Your use of the Services may also be governed by additional terms and conditions provided in any agreement with FRAIT, LLC.
FRAIT, LLC may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the Services any portion thereof, at any time for any reason. We may change these Terms from time to time by posting a new version on this page or on a successor page. The new version will become effective on the date it's posted, which will be listed on the page as the new effective date.
Our collection and use of personal information in connection with the Services is as provided in FRAIT, LLC's Privacy Policy, which can be found at www.frait.ai/privacy.
YOUR ACCESS AND USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS.
Subject to your compliance with these Terms, FRAIT, LLC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable right to access and use the Services. Any rights not expressly granted herein are reserved by FRAIT, LLC. You agree not to use the Services or content located on the FRAIT, LLC website, application, software, or platforms to violate any applicable law, regulation, or these Terms.
You shall not (and shall not permit any third party to) directly or indirectly: (a) sublicense, sell, transfer, assign, distribute or otherwise grant or enable access to the application programing interface ("API"), API specifications or keys, or Services, in a manner that allows anyone to access or use the Services that is not authorized by FRAIT, LLC; (b) use the Company IP to provide, or incorporate the Services into, any product or service provided to a third party; (c) use the Company IP to develop a similar or competing product or service; (d) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code except to the extent expressly permitted by applicable law; (e) copy, modify or create any derivative work of Company IP; (f) remove or obscure any proprietary or other notices contained in the Services or Company IP; or (g) publicly disseminate performance information regarding the Services.
The Services and all rights therein are and shall remain FRAIT, LLC's property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited right to access and use granted above; or (ii) to use or reference in any manner FRAIT, LLC's company names, logos, product and service names, trademarks or services marks.
A "carrier," as used in this Privacy Policy, means a motor carrier as defined by 49 USC ยง 13102(14) with authority issued by the federal and applicable state governments to haul freight for hire.
For purposes of these Terms, "driver" shall mean those motor carrier employees, contractors, owner-operators under contract with the motor carrier, employees of such owner-operators, or any other service providers of the motor carrier assigned to operate motor vehicles providing transportation on behalf of the motor carrier.
In no way does FRAIT, LLC warrant or represent that the motor carrier or its drivers will render the transportation services free from error, nor does FRAIT, LLC assume responsibility or liability for any actions or inactions of the motor carriers or its drivers. You understand that FRAIT, LLC does not warrant or represent that the Services will work as intended, meet your requirements, prevent fraud, cargo loss, or other claims.
FRAIT, LLC may, in its sole discretion, permit you to submit, upload, publish or otherwise make available through the Services certain information, including data, files, documents, audio and visual information, graphics, scripts, programs, applets or servlets that you create, install, upload to or transfer in or through the Services or provide in the course of using the Services ("User Data"). By accepting these Terms, you hereby grant to FRAIT, LLC a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display User Data to the extent necessary to provide the Services. You may request to delete your User Data at any time by visiting www.frait.ai and completing the request for User Data deletion found on the website.
You agree that FRAIT, LLC may from time to time provide automatic and voluntary account related alerts. FRAIT, LLC may also deliver alerts to your computer, mobile phone, or other device using the Services you select regarding promotions, sales advertisements, and other information based on your preferences. You further agree that FRAIT, LLC may contact you by telephone, e-mail, text messages, or through other means of messaging provided on FRAIT, LLC's website or app, including for marketing purposes. You may opt out of receiving messages from FRAIT, LLC at any time by contacting us at support@frait.ai.
YOU HEREBY WAIVE AND RELEASE FRAIT, LLC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, REPRESENTATIVES, CONSULTANTS, AND AGENTS FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO OTHER USERS OF THE SERVICES OR THIRD PARTIES.
FRAIT, LLC DOES NOT REPRESENT THAT YOUR USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, DETECT OR PREVENT FRAUD, CARGO LOSS, OR OTHER CLAIMS. THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND IS FOR COMMERCIAL USE ONLY.
YOU AGREE TO INDEMNIFY AND HOLD FRAIT, LLC ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, REPRESENTATIVES, CONSULTANTS, AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR GOODS OBTAINED THROUGH YOUR USE OF THE SERVICES AND YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS.
FRAIT, LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF FRAIT, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By acceptance of the Terms, you agree to resolve through final and binding arbitration any claim between you and FRAIT, LLC regarding any aspect of your use of the Services. You agree to submit to a single arbitrator at the American Arbitration Association ("AAA") under its then-current Commercial Arbitration Rules. The AAA's rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org.
These Terms are governed by and construed in accordance with the laws of the State of Colorado, United States, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Effective Date: 2/16/2024