1. Acceptance of Terms
By accessing or using PowRShip's freight load management platform, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.
2. Service Description
PowRShip provides a comprehensive freight load management platform that connects:
• **Shippers**: Companies with freight to be transported
• **Brokers**: Freight intermediaries facilitating load matching
• **Carriers**: Transportation companies and owner-operators
• **Drivers**: Professional truck drivers and operators
• **Repair Shops**: Maintenance and repair service providers
• **Warehouses**: Warehouse facility and service providers
Our platform facilitates load posting, load bidding, load booking, load dispatching, load tracking, driver management, truck maintenance, regulation compliance and much more through web and mobile applications.
3. User Accounts and Registration
To use our services, you must:
• Create an account with accurate and complete information
• Maintain the security of your account credentials
• Provide valid contact information including phone number for SMS communications
• Verify your identity and business credentials as required
• Comply with all applicable transportation regulations and licensing requirements
• Keep your account information current and accurate
Note: You are responsible for all activities that occur under your account.
4. SMS Messaging Terms
By providing your phone number, you consent to receive SMS notifications including:
• Load assignment and status updates
• Delivery confirmations and time-sensitive alerts
• Account security notifications and verification codes
• Hours of Service (HOS) compliance reminders
• Emergency communications and system alerts
**SMS Service Terms:**
• Message frequency varies based on account activity and your preferences
• Standard message and data rates may apply
• Reply STOP to opt-out of SMS notifications or HELP for assistance
• SMS Opt-In status is indicated by a round indicator in your account settings (green = opted in, red = opted out)
• Carriers are not liable for delayed or undelivered messages
• SMS service provided through Twilio messaging platform with enterprise security
• You can manage SMS preferences and opt-in status through your account settings at any time
**SMS Support:**
• Text HELP to any SMS number for assistance
• Contact support through your account for technical issues
• SMS opt-out does not affect critical security notifications required for account access
Note: Texting while driving increases your crash risk by up to 23 times because it combines visual, manual, and cognitive distractions. SMS feature is added for convenience only – No message is worth a life. Please do not text while driving and adhere to all federal and state laws regarding phone use.
6. Payments, Fees, and Financial Terms
**Payment Processing:**
• All payments are processed securely through Stripe
• Transaction fees apply as disclosed during the booking process
• Payment terms are specified for each load or service agreement
• Refunds are subject to our cancellation and refund policies
**Platform Fees:**
• Service fees are clearly disclosed before transaction completion
• Carrier network access fees apply for certain subscription services
• Premium features may require additional subscription fees
• All fees are non-refundable except as specifically provided in these Terms
**Wallet and Account Balance:**
• Platform wallet functionality is provided for transaction convenience
• Wallet balances are not insured deposits and do not earn interest
• Unused wallet balances may be subject to inactivity fees after extended periods
• You are responsible for maintaining adequate account balances for transaction completion
7. Load Posting and Management
**Load Posting Requirements:**
• All load information must be accurate and complete
• Pickup and delivery details must be precise and verified
• Rate and payment terms must be clearly specified
• Special handling requirements must be disclosed
**Booking and Assignment:**
• Load bookings create binding agreements between parties
• Cancellation policies apply as specified during booking
• Assignment of loads to drivers creates performance obligations
• GPS tracking may be required for certain load types
**Performance Standards:**
• On-time pickup and delivery performance is tracked and reported
• Safety violations or performance issues may affect the ratings displayed on the site
8. Maintenance and Repair Services
Our platform facilitates connections between carriers and repair shops:
• Repair service quotes and approvals are managed through the platform
• Quality of repair work is the responsibility of the selected repair shop
• Repair shop performance and rating will be tracked and displayed on the site
9. Intellectual Property
The platform and its original content, features, and functionality are owned by PowRShip and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You retain ownership of content you submit to the platform but grant us a license to use, modify, and display such content as necessary to provide our services.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
• PowRShip provides the platform "as is" without warranties of any kind
• We are not liable for indirect, incidental, or consequential damages
• Our total liability for any claim is limited to the amount you paid for services in the preceding 3 months
• We are not responsible for the performance of transactions between platform users
• Force majeure events including natural disasters, technical failures, or regulatory changes may affect our service availability
• This limitation applies even if we have been advised of the possibility of such damages.
11. Dispute Resolution
**Internal Resolution:**
• Platform related disputes should first be reported through our support system
• Powrship provides a business management platform and is not a mediator
• We will provide data as needed to support resolution of disputes when requested
• Resolution attempts will be made within 24~48 hours for urgent matters
**Legal Disputes:**
• Any disputes arising from these Terms will be resolved through binding arbitration
• Arbitration will be conducted under the American Arbitration Association rules
• You waive the right to participate in class action lawsuits
• Small claims court jurisdiction is reserved for qualifying disputes under $10,000
12. Account Termination
**Termination by You:**
• You may terminate your account at any time through account settings
• Outstanding transactions must be completed before account closure
• Data retention policies apply after account termination
**Termination by PowRShip:**
• We may suspend or terminate accounts for Terms violations
• Immediate termination may occur for safety violations or fraudulent activity
• Notice will be provided except in cases of immediate safety concerns
• Appeal processes are available for account termination decisions
Upon termination, your right to use the platform ceases immediately, but transaction obligations survive termination.
13. Regulatory Compliance
Users must comply with all applicable regulations including:
• Federal Motor Carrier Safety Administration (FMCSA) regulations
• Department of Transportation (DOT) licensing and safety requirements
• Hours of Service (HOS) regulations for drivers
• Hazardous materials transportation regulations when applicable
• State and local transportation licensing requirements
• International trade and customs regulations for cross-border shipments
Platform features are designed to assist with compliance but do not replace your obligation to maintain current knowledge of applicable regulations.
14. Marketplace Terms
**PowRShip Marketplace Overview:**
PowRShip Marketplace is a platform feature enabling users to buy and sell freight-related equipment, devices, software, and services within the PowRShip community.
**Key Terms:**
• **Listing Fee**: $10.00 per listing, non-refundable (charged via wallet balance)
• **Listing Duration**: 30 days from posting date
• **Platform Role**: PowRShip is a listing platform only, not a party to transactions
• **No Warranty**: Items/services listed are sold "as is" without PowRShip warranty
• **User Responsibility**: Buyers and sellers are solely responsible for transaction completion, disputes, and fulfillment
**Listing Requirements:**
• All listings must comply with AI content moderation policies
• Images must meet technical specifications (JPEG/PNG/WebP, max 10MB, 200x200 to 10000x10000 pixels)
• Maximum 5 images per listing
• Maximum 5 listings per day per user (rate limiting enforced)
• Prohibited content includes: pornographic material, weapons, drugs, illegal items, counterfeit goods, stolen property, fraudulent services, spam, and content unrelated to freight industry
**Content Moderation:**
• Listings undergo AI-powered pre-screening before activation
• Users can flag inappropriate listings
• Auto-suspension occurs at 3+ unique user flags
• Admin review required for flagged content
• No refunds for listings removed due to policy violations
**Transaction Safety:**
• Inspect items before purchase (for physical goods)
• Meet in safe, public locations when possible
• Never share financial information outside the platform
• Report suspicious listings immediately
• PowRShip is not responsible for transaction disputes between users
**Fraud Prevention:**
• Price reasonability checks prevent suspiciously low/high pricing
• Duplicate detection prevents spam listings
• User verification through USDOT numbers (for carriers)
• Account history and platform tenure visible to buyers
**Dispute Resolution:**
• Disputes between buyers/sellers must be resolved directly
• PowRShip may provide communication platform but is not a mediator
• Platform may remove listings or suspend accounts for violations
• Standard arbitration provisions (Section 10) apply to marketplace disputes
**Prohibited Activities:**
• Posting duplicate or spam listings
• Manipulating prices to game the system
• Using marketplace for non-freight-related items
• Circumventing platform fees
• Engaging in fraudulent transactions
• Harassing other users through marketplace communications
**Liability Limitations:**
• PowRShip provides no warranty on marketplace items/services
• All transactions are between individual users
• Users assume all risks of marketplace transactions
• PowRShip's liability is limited to listing fees paid
• Users indemnify PowRShip against claims arising from marketplace transactions
**Data & Privacy:**
• Marketplace listings are publicly visible
• Contact information shared only through platform messaging
• Transaction history may be used for fraud prevention
• Listing analytics provided to sellers for performance tracking
By using PowRShip Marketplace, you acknowledge these terms and accept full responsibility for your transactions.
15. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be communicated through:
• Email notifications to your registered email address
• In-app notifications when you next access the platform
• SMS notifications for significant changes affecting your account
• Posted updates on this page with updated "Last Modified" date
Continued use of the platform after modifications constitutes acceptance of the updated Terms. If you disagree with modifications, you must stop using our services.