Terms of Service

1. The service

CargoFlows is a software platform for freight forwarding and logistics businesses. It provides shipment and package management, a contacts and customer database, shared messaging channels, public pages, a customer portal, reporting, and optional modules that may be enabled for an account.

CargoFlows provides software. It does not carry, handle, store, clear or deliver goods, and it is not a freight forwarder, carrier, customs broker or agent. Those services are performed by the businesses that use the platform, under their own arrangements with their own customers.

2. Accepting these terms

You accept these terms when you tick the box confirming you accept them while creating an account, and by continuing to use the platform afterwards. We record which version you accepted and when. If you do not accept them, do not use the service.

Every version of these terms carries a version number and an effective date, shown at the top of this page. The version in force is the one published here.

3. Eligibility and authority

You must be at least 18 years old and able to form a binding contract to use the service. If you accept these terms on behalf of a company, agency or other organisation, you confirm you are authorised to bind it, and “you” in these terms means that organisation.

4. Accounts and access

Accounts are personal to the individual they identify. You are responsible for the accuracy of your registration information, for keeping credentials confidential, and for activity carried out through your account.

Account holders control who has access to their workspace and what those people may do. Granting access to someone is your decision and your responsibility, including removing it promptly when it is no longer appropriate.

Tell us within 24 hours of becoming aware that an account has been compromised, so we can help you contain it.

5. Different kinds of user

• Companies hold the primary commercial relationship and may operate agencies beneath them.
• Agencies operate their own customers, contacts, shipments and communications within the platform.
• Staff and operators access a workspace under permissions granted by the account holder.
• Customer portal users are the customers of a business using CargoFlows. They may view information that business has made available to them. A portal user is not staff and has no access to the operating business’s workspace.

6. Your responsibilities as an account holder

You are responsible for the information you put into the platform and for how you use it, including:

• Having a lawful basis to collect, upload and process information about your customers and contacts.
• Providing your own customers with any privacy notice, disclosure or consent your obligations require, and with your own terms of service for the freight services you sell them.
• Responding to requests your customers make about their own information.
• Complying with the rules that apply to the communications you send, including messaging, marketing and telecommunications rules in the places you operate.
• Complying with export, sanctions, customs and trade rules applicable to the shipments you handle.

7. Acceptable use

You must not use the service to:

• Break the law or infringe anyone’s rights.
• Send unsolicited bulk messages, or messages that breach the rules of the channel carrying them.
• Upload malicious code, or attempt to gain unauthorised access to the platform, to another account’s data, or to underlying infrastructure.
• Probe, scan or test the security of the service without our written permission, or interfere with its normal operation.
• Reverse engineer, resell, sublicense or copy the platform except as these terms or the law expressly allow.
• Use the service to build a competing product, or to benchmark it for publication without our consent.

8. Your data

Information you put into the platform remains yours. We claim no ownership of it.

You grant us the permission we need to host, process, transmit, back up and display that information in order to provide the service to you, and to comply with the law. That permission exists to run the service and for no other purpose.

Our handling of personal information is described in our Privacy Policy.

9. Confidentiality

Each party may receive information the other treats as confidential. Confidential information may be used only to perform under these terms and must be protected with at least reasonable care. This does not apply to information that is public through no fault of the recipient, independently developed, or lawfully obtained elsewhere, and does not prevent disclosure required by law.

Commercial relationships between companies and their agencies are treated as confidential within the platform. Whether an agency publicly identifies the company it works with is that agency’s decision.

10. Subscriptions, modules and usage

Access is provided under the plan and modules enabled for your account. Some features are included; others are optional modules or are charged according to usage, such as messages sent, AI credits consumed or volume processed.

Fees, billing frequency, usage rates and the term of your subscription are those set out in the order or subscription covering your account. Charges are calculated from our records of your usage. Where a plan includes an allowance, usage is drawn from that allowance first and only the excess is charged.

You are responsible for taxes and duties arising on the fees, other than taxes on our income.

11. Trials, renewal, cancellation and refunds

Trials. Where a trial is offered it runs for 30 days from the day the account is created. No payment is taken during a trial. We ask for a card at sign-up so the account can continue without interruption: at the end of the 30 days the trial converts automatically into the first paid period and the first charge is made, and the subscription renews from there under the paragraph below. If no card was provided the trial simply ends and the account stops; nothing is charged.

You may cancel at any point during a trial and nothing is charged. Some accounts — including an agency joining under a company — begin on a paid subscription with no trial, and this is stated before you confirm.

Renewal. Subscriptions renew automatically for successive periods of the same length until cancelled. Modules are charged on the same cycle as the subscription they attach to.

Cancellation. You may cancel a subscription or an individual module at any time from within the platform. Cancellation takes effect at the end of the period already paid for: you keep access until then, and you are not charged for the following period. We do not cut off access on the day you cancel.

Refunds. Fees already charged are not refunded for the unused part of a period, because the period was purchased in full and the service remained available throughout it. This does not affect any refund the law requires, and it does not apply to an amount charged in error, which we correct.

Price changes.We give at least 30 days’ notice before a price change, and it takes effect at your next renewal after that notice — never during a period you have already paid for. If you do not accept a new price, cancel before that renewal.

12. Late payment and non-payment

If a payment fails, we tell you and retry. If the amount is still outstanding 10 days after the first failed attempt, we may suspend the account. Suspension is not termination: your data remains intact and access is restored once the amount is settled.

If an account remains suspended for non-payment for 30 days, we may terminate it and, after the export period in section 15, delete its data.

13. Third-party services and integrations

The platform can connect to services operated by others, including WhatsApp Business, Facebook Messenger and Instagram, email and SMS providers, telephony providers, AI providers, payment processors, warehouse and carrier systems, and other external services.

Connecting one of these is your choice. Your use of a connected service is governed by that provider’s own terms and policies, in addition to these. Those providers control their own availability, functionality, pricing and rules, and may change or withdraw them. We do not control that and cannot guarantee a third-party service will remain available or keep working as it does today.

This does not reduce our own obligations to you for the parts of the service we operate.

14. Intellectual property

The platform, its software, design and documentation, and all intellectual property rights in them, remain ours and our licensors’. Subject to these terms, you receive a non-exclusive, non-transferable right to use the service during your subscription. Nothing else is granted. Trade marks may not be used without permission.

If you send us feedback or suggestions, we may use them without obligation to you.

15. Suspension and termination

You may stop using the service at any time, subject to section 11.

We may suspend or limit access where it is reasonably necessary — for example where an account is being used unlawfully, where use threatens the security, integrity or availability of the platform for others, or where amounts due remain unpaid under section 12. Except where the problem is urgent enough that waiting would cause harm, we give at least 7 days’ notice and an opportunity to resolve it first, and we restore access once the cause is resolved.

Either party may terminate for a material breach the other has not remedied within 30 days of being told about it in writing.

After an account ends we keep your data available for export for 30 days, during which you may request a copy. After that we delete or de-identify it, subject to the retention obligations described in our Privacy Policy — invoicing and audit records in particular may need to be kept longer where accounting or tax rules require it.

16. When a company account ends

A company may operate agencies beneath it, and may resell subscriptions and modules to those agencies at its own price. Because an agency is a separate business with its own customers, an agency does not lose the service simply because the company above it stops paying.

If a company’s account is suspended for non-payment, the company loses access until it settles. Each agency beneath it is notified on the day the suspension takes effect and has 30 days to continue by taking over its own subscription and modules directly with CargoFlows, at CargoFlows’s own list prices rather than the price the company had set. During those 30 days the agency keeps working. An agency that has not taken over its subscription by the end of them is suspended alongside the company, and section 15 applies to it from that date.

An agency may move to a different company at any time, subject to that company accepting it. Moving does not transfer the agency’s customers, shipments or history to the company it leaves.

The agency’s records are the agency’s, throughout. An agency’s customers, contacts, packages, conversations and delivery history belong to that agency and are held in its own workspace. A company operating above it may be able to see those records while the relationship lasts; being able to see them is not owning them. So when a company account ends there is nothing for the company to hand over — the agency already has it, and keeps it, including records that first reached the platform through the company’s own warehouse or carrier connection. What stops is new information arriving through that connection, not the history already recorded.

Two things do not pass to the agency, and this matters as much as what does. The company’s own accounts and credentials with a courier, warehouse or carrier remain the company’s, as set out below. And the rates the company set for that agency are the company’s own commercial terms, not the agency’s data: they are withdrawn with the relationship, because an agency quoting prices no one has agreed to honour would be worse served than one that has to set its own.

What a company supplies remains the company’s. Where a company has connected its own courier, warehouse or carrier account and allowed its agencies to operate through it, that account belongs to the company, and the company may withdraw it. Access to a physical warehouse, a consolidation service or a carrier contract is a commercial arrangement between the company and its agencies, not part of this service. CargoFlowsdoes not guarantee an agency’s continued access to anything a company supplies, and cannot restore it.

Where such an account is withdrawn, we will tell the affected agency within 2 business days what has stopped, what continues to work, and how it may connect an account of its own.

17. Changes to the service

We improve the platform continuously, and features may be added, changed or removed. We will not materially reduce the core functionality of a paid subscription during its term without notice. Where a change requires action from you, we give at least 30 days’ notice, or as much as is practical where a change is forced on us by a third-party provider or by law.

18. Changes to these terms

We may update these terms. The version, effective date and last-updated date above show which version applies. Where a change is material we notify account holders at least 30 days before it takes effect. Continuing to use the service after that date means the updated terms apply; if you do not accept them, cancel before that date under section 11 and the change will not apply to you.

19. Availability

We work to keep the platform available and performing well, and we maintain operational practices intended to achieve that. Planned maintenance that we expect to interrupt the service is announced at least 48 hours in advance where circumstances allow. Third-party failures and events outside our reasonable control can also interrupt the service. We do not offer a guaranteed uptime percentage unless we have separately agreed a written service commitment for your account, in which case that agreement applies.

20. Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care, and that we have the right to grant the rights we grant here.

Beyond that, and to the fullest extent the law allows, the service is provided “as is” and “as available”, and we disclaim all other warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the service will be uninterrupted, error-free, or that it will meet your requirements.

In particular, we do not warrant the accuracy, completeness or timeliness of information the platform receives from a third-party system — a carrier, a warehouse, a messaging provider or an AI service — and we do not warrant the output of an AI feature. Those are inputs we pass on and display, not statements we make. You are responsible for checking anything you rely on for a customs declaration, a customer commitment or a payment.

Some jurisdictions do not allow certain warranties to be excluded. Where that is so, this section applies to the extent permitted there.

21. Limitation of liability

To the fullest extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill, business opportunity or anticipated savings, however caused, even if that party was told such loss was possible.

To the fullest extent the law allows, our total aggregate liability arising out of or relating to these terms or the service is limited to the amount of fees you paid us for the service in the 12 months immediately before the event giving rise to the claim.

Nothing in these terms limits liability that cannot lawfully be limited, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or either party’s obligations to pay amounts properly due.

What this section is not. It does not limit your responsibility to your own customers for the freight services you sell them. We provide software; we do not become a party to your customer contracts, and a loss, delay or damage to goods is not a claim against us.

22. Indemnity

You will defend and indemnify us against third-party claims, and the reasonable costs and damages awarded or agreed in settlement, arising from: the information you put into the platform; your use of the service in breach of these terms or of the law; the freight or logistics services you provide to your own customers; and communications you send through a connected channel.

We will defend and indemnify you against third-party claims that the platform itself, used as these terms permit, infringes that party’s intellectual property rights.

In each case the indemnified party must notify the other promptly, allow it to control the defence, and cooperate reasonably. No settlement that admits fault or imposes an obligation on the indemnified party may be made without its consent.

23. Governing law and disputes

These terms, and any dispute arising out of them or out of the service, are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before starting formal proceedings, each party will raise the dispute in writing with the other and give 30 days for a good-faith attempt to resolve it. This does not prevent either party from seeking urgent injunctive relief to protect its intellectual property, confidential information or the security of the platform.

24. General

Notices. We give notice by email to the address registered on your account, and in the platform itself where the notice concerns your account. A notice sent by email is treated as received the next business day. Keep your registered address current — a notice we send to a stale address still counts as given.

Events outside our control. Neither party is liable for failure or delay caused by something outside its reasonable control, including infrastructure or network failure, the failure or withdrawal of a third-party service, natural events, war, civil unrest, government action, or the interruption of transport or customs operations. This does not excuse an obligation to pay amounts already due.

Assignment. You may not assign or transfer these terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of the business, on notice to you.

No partnership. These terms do not create a partnership, joint venture, agency or employment relationship. Neither party may bind the other.

Entire agreement. These terms, together with the Privacy Policy and the order or subscription covering your account, are the whole agreement between us on this subject and replace any earlier understanding.

Severability and waiver. If a provision is unenforceable it is limited or removed to the minimum extent necessary and the rest stays in force. Not enforcing a right on one occasion does not waive it.

Survival. Sections 8, 9, 14, 20, 21, 22, 23 and this section survive the end of your account.

25. Contact

A dedicated contact address for questions about these terms is being finalised and will be published on this page.

The CargoFlows service is provided by Print to Succeed, Corp., 12700 SW 96th St, Miami, FL 33186, United States.