Terms of Service
LoadSmart OU, LOADREX
Effective Date: July 8, 2025
1. Acceptance of Terms
By installing, launching, or using the Loadrex App (“Service”), you (“Driver” and/or “Owner Operator”) agree to these Terms. If you do not accept them, you must not use the Service.
2. Driver Status
You confirm you’re an independent contractor—not an employee, agent, or franchisee. You are solely responsible for all taxes, insurance, benefits, and legal obligations related to your operation.
3. Eligibility & Onboarding Requirements
To register, you must provide accurate, current information (e.g., name, address, SSN, CDL, insurance). By onboarding, you authorize us to perform necessary background checks and confirm your compliance with FMCSA and state regulations.
4. Equipment & Compliance
- You must own or have access to a compliant CMV, smartphone, and maintain required licenses, permits, inspections, and insurance minimums (per FMCSA/state rules) .
- You must adhere to Hours‑of‑Service (HOS) regulations: max 11 driving hours/14 on-duty hours per day, 34‑hour restart rules, 30-minute break after 8 hours on-duty.
- You’ll track and log your hours via the App.
5. Use of the App & Tracking
- When you accept a load, the App will collect continuous GPS location, log documents, and enable call/SMS metadata for dispatch and billing.
- You consent to background/foreground location tracking during active loads. Stopping tracking may constitute a breach.
- Be transparent: you agree your device will remain on and data enabled for communication and compliance.
- We share real-time tracking data with customers and brokers solely for load fulfillment and routing purposes, and require them to maintain appropriate confidentiality and data security.
- You acknowledge and agree that your real-time location data may be shared with authorized third parties, including brokers and shippers, for the sole purpose of load monitoring, routing, and service fulfillment. These third parties are contractually obligated to maintain the confidentiality and security of your data.
6. Safety & Legal Compliance
- You agree to operate safely, obey all DOT/FMCSA rules, and follow pickup/delivery instructions.
- You will not knowingly violate hours-of-service rules under broker or carrier pressure.
7. Payment & Fees
- Compensation follows agreed rates per load.
- You cover all your costs (fuel, tolls, permits, fines).
- Late submission of documents or failure in tracking may result in deductions or delayed payment.
8. Termination & Suspension
- You may stop using the App any time, subject to accepted load obligations.
- We may terminate or suspend your access for violations, misrepresentation, or non-compliance, with notice.
9. Liability & Indemnification
- You indemnify us against claims arising from your operations, negligence, or breach of these Terms.
- You understand and agree that you may be held financially responsible for any loss, damage, delay, or incident caused by your actions, omissions, or failure to comply with applicable laws or these Terms. This includes, but is not limited to, damage to freight, equipment, third-party property, or cargo claims resulting from negligence or misconduct. In the event of a dispute or claim involving damaged or lost cargo, you may be liable up to the full value of the load, including any consequential damages, depending on the circumstances and findings of the investigation. You are expected to carry adequate cargo and liability insurance as required by law to cover such exposures.
10. Insurance Requirements
- You must carry and maintain vehicle liability insurance meeting or exceeding FMCSA/state minimums (e.g., $750K–$1M for property-carrying CMVs).
- Proof of coverage may be requested at any time.
11. Confidentiality & Data Rights
- Data collected (location, hours, documents) is used per our Privacy Policy.
- You may not share proprietary, broker, or shipper info outside normal operations.
12. Dispute Resolution & Governing Law
- These Terms are governed by the laws of the state where our headquarters is located.
- Disputes will first be handled through mediation; if unresolved, escalate via binding arbitration.
13. Modifications
We can update these Terms anytime. Changes are effective once posted in the App or emailed. Continued use means your acceptance.
14. Force Majeure
Neither party is liable for delays or failures due to unforeseen events (e.g., weather, strikes, natural disasters).
15. Severability
If any provision is found void/unenforceable, remaining Terms stay valid.
16. Acknowledgment
By using the App, you confirm that:
- You meet all eligibility, compliance, and equipment requirements.
- You understand and accept continuous tracking when on loads.
- You operate under FMCSA rules and independent contractor status.
- You agree to indemnify us and accept limited liability.
- You consent to data use per our Privacy Policy.
Contact Us
LoadSmart OU
Narva mnt 5, Tallinn – 10117, Estonia (EE)
Phone: (203) 404-3106
Email: support@loadrex.com
