Terms of Service - MegaTMS

Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and MegaTMS (“Company,” “we,” “our,” or “us”), governing your access to and use of the MegaTMS freight management platform, including our website at www.MegaTMS.com, our web application, and our MegaTMS Driver mobile application available on the Google Play Store and Apple App Store (collectively, the “Service”).

BY CREATING AN ACCOUNT OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICE.

1. Description of Service

MegaTMS is a cloud-based freight management platform designed for trucking companies, freight carriers, and owner-operators. The Service consists of a web application for dispatchers, managers, and office staff, and the MegaTMS Driver mobile application for drivers in the field. Together, these provide:

Web Application:

Upload and storage of 32+ freight document types (BOLs, rate confirmations, insurance certificates, IFTA filings, and more)
AI-powered data extraction from uploaded documents
AI-powered natural language search across all stored documents
AI Load Creator that extracts structured load data from rate confirmations, with REST API endpoints for TMS integration
Document matching that cross-references Bills of Lading against Rate Confirmations to flag discrepancies
FMCSA compliance management including audit readiness scoring, driver qualification file tracking, vehicle inspection tracking, and expiration calendars with alerts
Load dispatching, assignment management, and real-time tracking
Document sharing via secure, time-limited share links
Team access management with role-based permissions
Custom Excel report exports with selectable fields
Secure, encrypted document storage on AWS with automatic backups

MegaTMS Driver Mobile App:

View and confirm assigned loads and trip details
Check in and check out at pickup and delivery stops with date/time recording
Scan and upload documents (BOLs, receipts, and other freight documents) using the device camera with native document scanning
Submit detention requests with supporting documentation
Submit reimbursement/expense requests with receipt photos
View load documents, stop details, and trip history

2. Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. If registering on behalf of a business, you represent that you have authority to bind that business.

2.2 Account Information

You agree to:

Provide accurate and complete registration information
Maintain and promptly update your account information
Keep your password secure and confidential
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized access

2.3 Team Accounts

Each subscription is licensed for one company. If you create accounts for employees or team members, you are responsible for their compliance with these Terms, you must have their consent to create accounts, and you must remove access when their employment ends.

2.4 Driver Mobile Accounts

Company administrators may create driver accounts that grant access to the MegaTMS Driver mobile app. Driver accounts are linked to the company’s subscription and are managed by the company administrator. Drivers log in using a company code, username, and password provided by their employer. The company administrator is responsible for creating, managing, and deactivating driver accounts.

3. Subscription and Payment

3.1 Free Trial

New accounts may receive a free trial with access to all features. No credit card is required during the trial period.

3.2 Subscription Plans

After the trial, continued access requires a paid subscription. Current pricing is available at www.MegaTMS.com.

3.3 Billing

Subscriptions are billed monthly or annually in advance
All fees are in US dollars unless otherwise specified
Payment is processed through Stripe
You authorize us to charge your payment method on file

3.4 Price Changes

We may change subscription pricing with 30 days’ notice. Price changes apply to the next billing cycle after the notice period.

3.5 Refunds

Monthly subscriptions: No refunds for partial months
Annual subscriptions: Pro-rated refund for remaining months if cancelled within first 30 days
Trial period: No charges, no refund needed

3.6 Failed Payments

If payment fails:

We will attempt to charge your payment method up to 3 times
You have a 7-day grace period to update payment information
After the grace period, your account may be suspended

4. User Responsibilities

4.1 Acceptable Use

You agree NOT to:

Use the Service for any unlawful purpose
Violate any applicable laws or regulations
Infringe on intellectual property rights
Transmit viruses, malware, or harmful code
Attempt to gain unauthorized access to our systems
Interfere with or disrupt the Service
Resell or redistribute the Service without authorization
Use automated systems to access the Service (scraping, bots)
Impersonate another person or entity

4.2 Your Data

You are responsible for:

The accuracy of data you enter into the Service
The legality and accuracy of documents you upload
Maintaining appropriate backups of your critical data
Ensuring you have rights to upload any content
Compliance with laws regarding personal data contained in your freight documents

5. Intellectual Property

5.1 Our Property

The Service, including all software, content, designs, logos, and trademarks, is owned by MegaTMS and protected by intellectual property laws. You receive only a limited license to use the Service as described herein.

5.2 Your Content

You retain ownership of data and documents you upload to the Service. By using the Service, you grant us a limited license to:

Store and process your documents to provide the Service
Send document content to AI services for data extraction
Create backups for data protection
Aggregate anonymized data for analytics and improvement

5.3 Feedback

Any suggestions, ideas, or feedback you provide may be used by us without obligation to you.

6. Data and Privacy

6.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy.

6.2 Data Security

We implement industry-standard security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.

6.3 Data Ownership

Your business data and documents remain your property
Upon account termination, you may request an export of your data
We may retain certain data as required by law

6.4 Data Processing

If you process personal data of individuals in the European Union, you act as the data controller, and we act as the data processor. Additional terms may apply per our Data Processing Agreement.

7. Third-Party Integrations

7.1 Services We Use

The Service relies on third-party services including:

Stripe (payment processing)
Supabase (database and authentication)
OpenAI (document data extraction)
AWS (document file storage)
Vercel (application hosting)
Google Play Store (MegaTMS Driver app distribution for Android)
Apple App Store (MegaTMS Driver app distribution for iOS)
Expo / EAS (mobile app build and update infrastructure)

7.2 Your Responsibility

We are not responsible for the actions, availability, or data handling practices of third-party services. Each is governed by their own terms of service.

8. AI-Powered Features

8.1 AI Document Extraction

MegaTMS uses artificial intelligence to extract data fields from uploaded documents. AI extraction is provided as a convenience and may not always be 100% accurate.

8.2 AI-Powered Search

The AI Search feature allows you to query your documents using natural language. Search queries and relevant document content are sent to third-party AI providers to generate responses. Search results are informational and should be verified against source documents.

8.3 AI Load Creator

The AI Load Creator extracts structured load data (customer details, stops, commodities, rates, reference numbers) from uploaded rate confirmations. Extracted load data is provided as a convenience and must be reviewed for accuracy before use in dispatching, invoicing, or TMS systems.

8.4 Your Responsibility

You are responsible for reviewing and verifying all AI-extracted data, AI search responses, and AI-generated load data. MegaTMS is not liable for errors, omissions, or inaccuracies in any AI-processed information. Do not rely solely on AI-processed data for regulatory compliance, financial decisions, or legal matters without independent verification.

8.5 Document Content

Documents you upload and search queries you submit may be sent to third-party AI providers (such as OpenAI) for processing. By using these features, you consent to this processing. We do not use your documents or queries to train AI models.

8A. Document Sharing

8A.1 Share Links

You may generate share links to provide temporary access to specific documents. Share links grant view-only access and may be revoked at any time.

8A.2 Your Responsibility

You are responsible for managing who you share documents with. Do not share documents containing sensitive personal information, financial data, or confidential business information without appropriate authorization. MegaTMS is not liable for unauthorized use of documents accessed via share links you generate.

8B. API Access

8B.1 API Keys

Certain subscription plans include access to our REST API for TMS integration and load data retrieval. API keys are confidential and must be stored securely. You are responsible for all activity performed using your API keys.

8B.2 Rate Limits and Usage

API access is subject to rate limits and usage quotas associated with your subscription plan. Excessive or abusive use may result in temporary suspension of API access.

8B.3 Prohibited Uses

You agree not to:

Share API keys with unauthorized third parties
Use the API to scrape or bulk-download data
Exceed rate limits or circumvent usage restrictions
Use the API in a manner that degrades performance for other users

8C. MegaTMS Driver Mobile App

8C.1 App Distribution

The MegaTMS Driver mobile app is distributed through the Google Play Store and the Apple App Store. Your use of the app is also subject to the applicable app store’s terms of service. Google LLC and Apple Inc. are not parties to these Terms and have no obligation to provide maintenance or support for the app.

8C.2 Device Permissions

The MegaTMS Driver app may request access to device features including:

Camera (for document scanning and photo capture)
File storage (for temporary storage of scanned documents)

You may revoke these permissions at any time through your device settings, though some app features may not function without them.

8C.3 Data Storage on Device

The app stores authentication tokens and optional saved login credentials securely using the device’s encrypted keychain (iOS Keychain or Android Keystore). Scanned document images are stored temporarily on the device during upload and are deleted after successful transmission to our servers.

8C.4 Offline Limitations

The MegaTMS Driver app requires an internet connection to function. Load data, document uploads, check-ins, and all other features require active connectivity to our servers.

8D. Compliance Tracking

8D.1 Nature of Compliance Features

MegaTMS provides compliance tracking tools including audit readiness scores, driver qualification file tracking, vehicle inspection tracking, and expiration alerts. These features are informational tools designed to assist with document organization.

8D.2 Not Legal or Regulatory Advice

COMPLIANCE FEATURES ARE PROVIDED AS ORGANIZATIONAL TOOLS AND DO NOT CONSTITUTE LEGAL, REGULATORY, OR COMPLIANCE ADVICE. Audit readiness scores, compliance alerts, and related features are based on the documents you have uploaded and may not reflect your actual regulatory standing. You must independently verify your compliance status with applicable FMCSA regulations, state requirements, and other governing authorities.

8D.3 Limitation

MegaTMS is not liable for regulatory penalties, fines, or adverse outcomes resulting from reliance on compliance scores, alerts, or tracking features. Always consult qualified compliance professionals for regulatory guidance.

9. Service Availability

9.1 Uptime

We strive for high availability but do not guarantee uninterrupted access. Scheduled maintenance will be announced in advance when possible.

9.2 Modifications

We may modify, suspend, or discontinue any part of the Service at any time. Material changes will be communicated with reasonable notice.

9.3 Support

Support is available via:

Email: support@MegaTMS.com
Response time: Within 1 business day for critical issues

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY OF AI-EXTRACTED DATA
UNINTERRUPTED OR ERROR-FREE OPERATION

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT AI EXTRACTION WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

11.1 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or data
Business interruption
Cost of substitute services
Regulatory penalties arising from reliance on AI-extracted data

11.2 Cap on Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11.3 Exceptions

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability is limited to the fullest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless MegaTMS and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Documents and data you upload to the Service
Decisions made based on AI-extracted data from the Service

13. Termination

13.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support@MegaTMS.com.

13.2 Termination by Us

We may suspend or terminate your account if you:

Violate these Terms
Fail to pay subscription fees
Engage in fraudulent or illegal activity
Remain inactive for an extended period

13.3 Effect of Termination

Upon termination:

Your right to use the Service ends immediately
You may request an export of your data within 30 days
We may delete your data after 30 days (subject to legal retention)
Provisions that should survive will remain in effect

13.4 Data Export

You may request an export of your data at any time. Exports will be provided in a standard format (CSV or JSON) within 30 days of request. Uploaded document files will be provided in their original format.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any legal action, you agree to contact us at support@MegaTMS.com and attempt to resolve the dispute informally for at least 30 days.

14.2 Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to conflict of law principles.

14.3 Arbitration

Any disputes not resolved informally shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court.

14.4 Class Action Waiver

You agree to resolve disputes with us individually and waive any right to participate in class action lawsuits or class-wide arbitration.

14.5 Jurisdiction

For any matters not subject to arbitration, you consent to the exclusive jurisdiction of courts located in the State of Illinois.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MegaTMS regarding the Service.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, acts of government, or internet outages.

15.6 Notices

We may provide notices via:

Email to your registered address
In-app notifications
Posting on our website

You may provide notices to us at: support@MegaTMS.com

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

Posting the updated Terms on our website
Sending an email to your registered address
Displaying a notice in the application

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree, you must stop using the Service.

17. Special Provisions for Specific Users

17.1 European Union Users

If you are located in the EU:

Our Data Processing Agreement applies to your use of the Service
You have rights under GDPR as described in our Privacy Policy
You may lodge complaints with your local data protection authority

17.2 California Users

If you are a California resident:

You have rights under CCPA as described in our Privacy Policy
We do not sell your personal information

18. Contact Information

For questions about these Terms:

Email: support@MegaTMS.com

Acknowledgment

BY USING MegaTMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.