XLoad Terms of Service

XLOAD LLC  •  Effective August 1, 2026

3.1 What the Service is

The Service is an operational software tool for freight brokerages and the Carriers and Drivers they work with. It provides functionality to record and manage shipments, assign loads to Carriers and Drivers, collect driver and vehicle details, track shipment progress and location while a shipment is active, capture and store shipment paperwork and photographs, exchange shipment-scoped messages, and send operational notifications by email, text message, and push notification.

3.2 XLOAD is a software provider only

XLOAD is not a freight broker, freight forwarder, motor carrier, shipper, dispatch service, or transportation provider. We do not hold, and do not act under, any operating authority issued by the Federal Motor Carrier Safety Administration on your behalf. We do not arrange, broker, book, quote, price, sell, or transport freight. We do not take possession of, control, or assume any responsibility for any cargo.

Accordingly:

• We are not a party to your transactions. Every Underlying Agreement is exclusively between the organizations and individuals who enter into it. XLOAD is not a party to, guarantor of, beneficiary of, or intermediary in any Underlying Agreement, and takes no responsibility for its negotiation, terms, performance, breach, or enforcement.
• We do not verify users. We do not represent or warrant the identity, authority, operating authority, licensing, insurance coverage, safety rating, financial standing, creditworthiness, qualifications, or performance of any Brokerage, Carrier, Driver, or other user. Vetting your counterparties is your responsibility.
• We are not an employer of Drivers. Nothing in the Service or these Terms creates an employment, agency, partnership, joint venture, or joint-employer relationship between XLOAD and any Driver or between XLOAD and any user.
• We do not handle money. We do not process, hold, escrow, disburse, factor, settle, or collect any payment, rate, freight charge, accessorial, detention, lumper fee, or driver pay. Amounts displayed in the Service are records entered by users, not obligations of or to XLOAD.

3.3 The Service is not a regulatory compliance system

The Service is an operational convenience tool. It is not an electronic logging device (ELD), is not certified or registered as an ELD, and must not be used to record or demonstrate hours-of-service compliance. Location tracking, timestamps, status updates, mileage figures, and documents in the Service are not designed or warranted to satisfy any requirement of 49 C.F.R. Parts 385–399, any state equivalent, or any other legal, tax, insurance, or audit obligation.

You remain solely responsible for your own compliance with all applicable laws and regulations, including motor carrier safety, hours of service, driver qualification, hazardous materials, cargo securement, insurance, wage and hour, and record-retention requirements, and for maintaining your own systems of record.

5.1 The Service is free of charge

Use of any component of the Service is free of charge. We do not currently charge any subscription fee, seat fee, per-shipment fee, transaction fee, or usage fee for access to or use of the Service, for any user role, on any surface.

You are responsible for your own costs of access, including devices, internet connectivity, and mobile carrier charges (see Section 9.5).

5.2 Charges and obligations may arise under your own agreements

Although XLOAD charges you nothing, additional charges, fees, deductions, service-usage obligations, or performance commitments may be imposed on you by the organizations and individuals you work with under a Broker-Carrier agreement, a Carrier-Driver agreement, a dispatch agreement, an employment or contractor agreement, or any other Underlying Agreement. For example, an Underlying Agreement may require a Carrier or Driver to use the Service, to keep tracking enabled, to submit paperwork through the Service within a stated time, or may attach a charge, deduction, or penalty to a failure to do so.

Those charges and obligations are entirely between you and your counterparty. XLOAD does not set, review, approve, endorse, collect, enforce, mediate, or take any responsibility for them, and receives no share of them. If you have a question or dispute about such a charge or obligation, raise it with the organization that imposed it, not with XLOAD.

5.3 Future changes to pricing

We reserve the right to introduce paid plans or fees for the Service or for particular features in the future. If we do, we will give notice before any fee applies to you, and no fee will be charged to you without your agreement.

7.1 Organization accounts and permissions

A Brokerage or Carrier organization account is administered by the organization, not by XLOAD. The organization is responsible for who it invites, the permissions it grants, the actions its Authorized Users take, and for removing access promptly when a user leaves. All activity under an organization account is deemed authorized by that organization.

7.2 Driver access — invitation only

There is no open or public sign-up for the Service. You cannot create a Driver account for yourself, and downloading the XLoad Driver application does not by itself grant access to anything. Every Driver account and every grant of Driver access exists by invitation only.

Driver access originates with a Brokerage, or with a Carrier acting under its agreement with a Brokerage, and is issued on the basis of a pre-existing contract or working relationship between that organization and the Driver or the Driver's employer. XLOAD does not recruit, solicit, advertise to, or independently enroll Drivers, and does not add any individual to the Service on its own initiative.

Drivers access the Service through the XLoad Driver mobile application. Depending on how a Driver is engaged, access may be a standing account with a permanent password, or shipment-scoped one-time access that ends when the shipment is completed or cancelled. In either case, access is limited to the shipments and organizations for which the Driver has been engaged, and the organization that issued the access may withdraw it.

7.3 Tokenized, login-free links

Some parts of the Service are reached through a unique link we send by email or text message rather than through a login — for example, the form on which a Carrier contact submits driver and vehicle details for an assigned shipment, or a Driver's one-time shipment invitation.

These links are confidential and are intended only for the recipient. Do not forward, publish, or share them. Anyone who holds the link can act through it, and actions taken through a link are deemed taken by the intended recipient. Links expire and may become unusable when the shipment status changes.

7.4 Account information and security

You must provide accurate, current, and complete information and keep it up to date. You must keep your credentials confidential, must not share them, and must notify us at support@xload.com promptly if you suspect any unauthorized access.

9.1 Program description

XLoad (program operated by XLOAD LLC) sends operational, transactional text messages only. The program has a narrow purpose: to reach a Driver at the moment a load is assigned to them, and to give them the link or credentials needed to access the Driver application and begin tracking that load.

We do not send marketing, advertising, or promotional text messages, and this program is not used for mass distribution, campaigns, solicitations, or sales.

9.2 Types of messages you may receive

• Shipment assignment notifications — notice that you have been nominated as the Driver for a specific shipment, identifying the shipment and the Carrier that assigned it.
• Shipment access links — a unique link to begin operating and tracking an assigned shipment where you do not already have XLoad credentials.
• Authentication and account messages — one-time credentials, verification codes, and password reset messages.

Notifications about an active shipment already in progress — such as completion or cancellation — are delivered as in-application push notifications, not as text messages.

9.3 How consent is obtained

You may receive messages from XLoad only where consent has been given. Consent is obtained in one of the following ways:

• Directly from you, when you are onboarded. You provide your mobile phone number to the Brokerage or Carrier organization that engages you, and at that time you are instructed — in person or by telephone — on what text messages XLoad will send you, that message and data rates may apply, that you may reply STOP at any time to stop receiving them, and that you may choose to receive these notifications by email instead of by text message.
• Through the organization that engaged you. The Brokerage or Carrier that assigns you to a load submits your mobile number and confirms to us that you have agreed to receive XLoad text messages about that shipment. That organization is contractually required to obtain your consent before submitting your number (see Section 8).

By providing your mobile phone number, or by having it provided on your behalf as described above, you consent to receive the transactional text messages described in Section 9.2 at that number, including messages sent using an automatic telephone dialing system. Consent to receive text messages is not a condition of any purchase.

9.4 Message frequency

Message frequency varies and depends on shipment activity. Messages are sent only when an operational event occurs, such as a load being assigned to you. Most recipients receive a single message per shipment.

9.5 Cost

Message and data rates may apply. XLoad does not charge you for text messages, but your mobile carrier may charge you for each message sent or received or for the data used, according to your plan. Contact your mobile carrier if you have questions about your plan.

9.6 Delivery is not guaranteed

Text message delivery is subject to effective transmission by your mobile carrier and is outside our control. Carriers are not liable for delayed or undelivered messages. We do not guarantee that any message will be delivered, or delivered on time, and you should not rely on text messages as your only means of receiving time-critical information.

9.7 How to opt out

To stop receiving text messages from XLoad, reply STOP to any message you receive from us. You may also reply CANCEL, END, QUIT, UNSUBSCRIBE, or OPTOUT. You will receive a single confirmation and no further text messages.

How to start receiving messages again. We send from a toll-free number, and opt-outs on toll-free numbers are applied by the mobile carriers at network level. The carrier blocks further messages from that number automatically, and neither XLoad nor the organization you work with can lift that block or re-enable messages on your behalf. To resume, you must text START or UNSTOP to the same number yourself.

You may also ask us to remove your number by emailing support@xload.com from the address associated with your account, or ask the organization that engaged you to update your contact preferences.

9.8 How to get help

For help, reply HELP to any message from us, email support@xload.com, or call +1 (803) 408-4454. You can also contact the Brokerage or Carrier organization that assigned your shipment for questions about that specific load.

9.9 What happens if you opt out

Opting out stops text messages only. It does not affect email or in-application notifications, and it does not remove your access to the Service.

Shipment assignment notifications and shipment access links are sent by email as well as by text message, so if you opt out you can continue to receive them at the email address held for you. Keep that address current and monitor it, because text message is usually the faster of the two channels and a notice about a load you have been assigned may reach you later by email.

9.10 We do not sell or share your mobile information

We do not sell, rent, lease, or trade mobile phone numbers, text message consent, or text message content. We do not share mobile phone numbers or consent with third parties or affiliates for their own marketing or promotional purposes.

Your mobile number goes to two places and no further: the service providers that transmit our messages, acting only to deliver them, and the Brokerage or Carrier organizations involved in your shipment. See our Privacy Policy for full detail.

9.11 Your mobile number and changes to it

You must only provide a mobile phone number that you are authorized to use. You agree to notify us at support@xload.com, or update your profile in the Service, if you stop using a number you have given us, so that we do not send messages to a number that has been reassigned to someone else.

9.12 Supported carriers and program changes

The program is available on most major US wireless carriers, but carrier participation may change and we cannot guarantee availability on any particular network. We may modify or discontinue the text messaging program at any time.

11.1 Ownership

You retain all right, title, and interest in your Customer Data. We claim no ownership of it.

11.2 License to operate the Service

You grant XLOAD a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, process, and create derived technical copies of Customer Data solely as necessary to provide, secure, support, and improve the Service, to comply with law, and to generate aggregated and de-identified statistics that do not identify you or any individual.

11.3 Your responsibility for Customer Data

You are responsible for the accuracy, legality, quality, and completeness of Customer Data and for having all rights and consents necessary to submit it.

Some features expressly ask for sensitive information — driver onboarding, for example, requests identity documents, a driver's licence, and tax and settlement details. Where a feature asks for something, providing it is expected, and our Privacy Policy explains how we handle it. Outside of what a feature expressly requests, do not submit sensitive information the Service is not designed to hold, including payment card data, health or medical records, or biometric identifiers.

11.4 Retention, export, and loss

Shipment records, documents, and messages are retained for as long as the relevant organization account is active, subject to our operational retention practices. You are responsible for maintaining your own copies of records you are required to keep. We are not a records-retention or backup service, and we do not warrant that any data will be available, recoverable, or exportable at any particular time.

11.5 Feedback

If you send us suggestions, feature requests, or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use it for any purpose without obligation or attribution to you.

By you. You may stop using the Service at any time. An organization may close its account by contacting support@xload.com.

By us. We may suspend or terminate your access to the Service, in whole or in part, at any time and with or without notice, including if we believe you have violated these Terms, if your use creates risk or legal exposure for us or another user, if required by law, or if we discontinue the Service.

Effect. On termination, your right to access the Service ends immediately. Sections 3, 5.2, 8, 11.1, 11.5, 14, 15, 19, 20, 21, 22, and 24, and any other provision that by its nature should survive, will survive termination. Data associated with a terminated account may be deleted, and we have no obligation to retain or return it. Termination does not affect any Underlying Agreement between you and another user.

No indirect damages. XLOAD AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST OR DELAYED FREIGHT, CARGO LOSS OR DAMAGE, DETENTION, LAYOVER, DEADHEAD, RECLASSIFICATION, CHARGEBACK, LOST BUSINESS OPPORTUNITY, LOSS OF GOODWILL, REGULATORY FINE, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATING TO THE SERVICE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate cap. XLOAD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID XLOAD FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. BECAUSE THE SERVICE IS PROVIDED FREE OF CHARGE, YOU ACKNOWLEDGE THAT THIS AMOUNT IS LIKELY TO BE ZERO.

Third-party conduct. XLOAD IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY OTHER USER, FOR ANY UNDERLYING AGREEMENT, FOR ANY CHARGE OR OBLIGATION IMPOSED ON YOU BY ANOTHER USER, OR FOR THE TRANSPORTATION, HANDLING, LOSS, OR DAMAGE OF ANY CARGO. CARGO CLAIMS ARE GOVERNED BY THE AGREEMENTS AND LAW APPLICABLE BETWEEN THE SHIPPER, BROKER, AND CARRIER, AND MUST BE PURSUED AGAINST THOSE PARTIES.

22.1 Governing law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, excluding its conflict-of-laws rules and excluding the UN Convention on Contracts for the International Sale of Goods.

22.2 Informal resolution first

Before starting any formal proceeding, you agree to contact us at support@xload.com with a written description of the dispute and to negotiate in good faith for at least thirty (30) days.

22.3 Binding arbitration

If the dispute is not resolved informally, it will be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Wilmington, Delaware, before one arbitrator, in English. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

Unless the arbitrator determines otherwise, the arbitration will be conducted on the basis of written submissions or by videoconference or telephone, and neither party is required to travel to the seat of arbitration to participate.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property, confidential information, or the security of the Service.

22.4 Class action and jury trial waiver

Disputes will be brought only in an individual capacity. You and XLOAD each waive any right to a jury trial and any right to bring or participate in a class, collective, consolidated, or representative action. If this waiver is held unenforceable as to any claim, that claim must proceed in court under Section 22.5 and the remainder of Section 22 continues to apply.

22.5 Exclusive venue if arbitration does not apply

Where a dispute is not subject to arbitration, the state and federal courts located in New Castle County, Delaware have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.

22.6 Time limit

Any claim arising out of or relating to the Service or these Terms must be brought within one (1) year after it arises, or it is permanently barred, except where a longer period is required by law.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and XLOAD regarding the Service, and supersede all prior discussions, proposals, and representations. Terms you attempt to impose in a purchase order, vendor form, or Underlying Agreement do not bind XLOAD unless we sign them.

No third-party beneficiaries. These Terms create no rights in any third party.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure. Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control, including natural disaster, war, civil unrest, labor action, epidemic, government action, carrier or telecommunications failure, internet or cloud provider outage, or cyberattack.

Severability. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions remain in full force.

No waiver. A failure to enforce any provision is not a waiver of the right to enforce it later.

Notices. We may give you notice by email to the address on your account, by in-application notice, or by posting on the website. You must give us notice in writing to support@xload.com and, where these Terms require it, also by mail to the address in Section 25.

Relationship. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, franchise, employment, or fiduciary relationship.

Export and sanctions. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive US sanctions, and are not listed on any US restricted-party list.

US Government users. The Service is a "commercial item" as defined in FAR 2.101, and any use by a US Government entity is subject to these Terms consistent with FAR 12.212 and DFARS 227.7202.

Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation."

Language. These Terms are made in English, which governs in the event of any conflict with a translation.