Terms & Conditions
of Service

For the purposes of these Terms and Conditions, the following definitions apply:

2.1These Terms and Conditions ("Terms") constitute a legally binding agreement between You and the Company. By accessing or using the Platform, You represent and warrant that: (a) You are at least eighteen (18) years of age; (b) You have the legal authority to enter into this agreement on behalf of yourself or the entity You represent; (c) Your use of the Platform complies with all applicable laws and regulations; and (d) You are not located in, or a national or resident of, any country subject to a United States government embargo or designated as a "terrorist supporting" country.

2.2If You are accessing the Platform on behalf of a business or other legal entity, You represent that You have the authority to bind that entity to these Terms, and the term "You" shall refer to that entity.

2.3The Company reserves the right to modify these Terms at any time. Updated Terms will be posted to the Platform with a revised effective date. Your continued use of the Platform following such posting constitutes Your acceptance of the revised Terms. It is Your responsibility to review these Terms periodically.

3.2Third-Party Data Dependency. Carrier Data — including shipment tracking details, container location, vessel position, estimated and actual arrival and departure dates, port call information, and container event milestones — is transmitted to the Platform in real time or near-real time by Third-Party Data Sources. The Company exercises no control over the accuracy, timeliness, format, or completeness of data provided by Third-Party Data Sources. Carrier data may be delayed, incomplete, inaccurate, or temporarily unavailable due to factors entirely outside the Company's control, including without limitation:

• Carrier system outages, maintenance windows, or API failures;
• Delays in carrier data entry or reporting at origin, intermediate, or destination ports;
• Vessel tracking signal interruptions or AIS (Automatic Identification System) data gaps;
• Discrepancies between carrier booking systems and actual operational events;
• Time zone conversions, date format inconsistencies, or unit-of-measure variations introduced by carrier systems; and
• Force majeure events, port congestion, equipment failures, or other operational disruptions affecting carrier reporting accuracy or timeliness.

3.3User-Entered Data. Platform Data that is entered, uploaded, or submitted by Users is the sole responsibility of the User. The Company does not review, validate, or warrant the accuracy or completeness of User-Entered Data. Any errors, omissions, or inconsistencies in User-Entered Data are the sole responsibility of the User who entered such data.

3.5Discrepancies. In the event that a User identifies any discrepancy, inconsistency, or apparent error in Platform Data — whether relating to shipment location, container status, dates, port information, or any other data element — the User acknowledges and agrees that:

• Such discrepancy may originate from the carrier's own systems, data transmission infrastructure, or reporting practices, and not from any act or omission of the Company;
• The Company shall not be held liable for any loss, cost, expense, delay, or damage arising from or related to such discrepancy;
• The User's recourse for carrier-originated data discrepancies lies with the relevant carrier or Third-Party Data Source, not with the Company; and
• The User is solely responsible for independently verifying any critical shipment information directly with the relevant carrier or logistics partner before acting upon it.

3.6Data Transmission to User Systems. To the extent that Platform Data is transmitted from the FreightLens.io Platform to User systems — including third-party TMS platforms, ERP systems, or other integrations — via API, webhook, EDI, or any other mechanism, the Company makes no warranty regarding the accuracy, completeness, or fitness for any purpose of such transmitted data. Alpha One Consulting Inc. and FreightLens.io shall bear no responsibility or liability for any errors, omissions, duplications, formatting inconsistencies, or data discrepancies arising from or in connection with such transmissions, including those resulting from mapping logic, field transformations, or integration configurations established by or on behalf of the User.

3.7Historical Data and Reporting. Historical shipment data, analytics, reports, and dashboards generated by the Platform are derived from Platform Data and are subject to the same accuracy limitations described in this Section. The Company does not warrant the accuracy of historical data and shall not be liable for any decisions made in reliance thereon.

4.1Account Registration. To access the Platform, Users must register for an Account by providing accurate, current, and complete information as requested during the registration process. You agree to maintain and promptly update your Account information to keep it accurate and complete.

4.2Account Security. You are solely responsible for maintaining the confidentiality of your Account credentials. You agree to notify the Company immediately of any unauthorized access to or use of your Account. The Company shall not be liable for any loss or damage arising from unauthorized use of your credentials.

4.3Account Responsibility. You are responsible for all activities that occur under your Account, including activities performed by your employees, contractors, or agents. You agree not to share your Account credentials with unauthorized individuals.

4.4Suspension and Termination. The Company reserves the right to suspend or terminate any Account at its sole discretion, with or without notice, for conduct that violates these Terms, applicable law, or is harmful to other users, third parties, or the Company's business interests.

5.1Subscription Plans. Access to the Platform's full features is conditioned upon payment of applicable subscription fees as set forth in the Company's then-current pricing schedule, which may be updated from time to time with reasonable notice to Users.

5.2Payment Terms. Subscription fees are due and payable in advance in accordance with the billing cycle selected at registration. All fees are non-refundable except as expressly provided herein or as required by applicable law.

5.3Taxes. You are responsible for all applicable taxes, duties, and levies associated with your Subscription, excluding taxes based on the Company's net income.

5.4Free Trials. The Company may offer free trial access for a limited period. At the end of any trial period, continued access requires enrollment in a paid Subscription. The Company reserves the right to modify or discontinue trial offerings at any time.

6.1Permitted Use. The Platform is licensed to You for Your internal business use only in connection with ocean freight visibility, shipment tracking, and logistics management activities.

6.2Prohibited Activities. You agree not to, directly or indirectly:

• Use the Platform to transmit, distribute, or store material that is unlawful, harmful, defamatory, or otherwise objectionable;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Platform;
• Scrape, crawl, or use any automated means to extract data from the Platform beyond what is expressly permitted in writing by the Company;
• Resell, sublicense, or otherwise commercialize access to the Platform without the Company's prior written consent;
• Use the Platform in any manner that could damage, disable, overburden, or impair Platform infrastructure;
• Attempt to gain unauthorized access to any portion of the Platform, other users' accounts, or the Company's systems or networks;
• Use the Platform to violate the privacy, intellectual property, or other rights of any third party; or
• Use the Platform in violation of any applicable local, national, or international law or regulation.

7.1Company IP. The Platform, including all software, algorithms, user interfaces, visual design elements, documentation, trademarks, and all other intellectual property embodied therein, is the exclusive property of Alpha One Consulting Inc. and its licensors. These Terms do not grant You any ownership interest in the Platform. All rights not expressly granted herein are reserved.

7.2Limited License. Subject to compliance with these Terms and payment of applicable fees, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for Your internal business purposes during the term of Your Subscription.

7.3User Data License. By submitting or entering data into the Platform, You grant the Company a non-exclusive, worldwide, royalty-free license to process, store, and use such data solely for the purpose of providing and improving the Platform services to You. The Company will not sell Your User-Entered Data to third parties.

7.4Feedback. If You provide the Company with feedback, suggestions, or recommendations regarding the Platform, You grant the Company an irrevocable, perpetual, royalty-free right to incorporate such feedback into the Platform without any obligation to You.

8.1Privacy Policy. The Company's collection, use, and handling of personal data is governed by the Company's Privacy Policy, incorporated into these Terms by reference and available at freightlens.io/data-privacy. By using the Platform, You consent to the data practices described therein.

8.2Data Security. The Company employs commercially reasonable technical and organizational security measures designed to protect Platform Data against unauthorized access, disclosure, alteration, or destruction. No data transmission or storage system is entirely secure, and the Company cannot guarantee absolute security. In the event of a data breach affecting Your data, the Company will notify You in accordance with applicable law.

8.3Data Retention. The Company retains Platform Data for the duration of Your active Subscription and for a reasonable period thereafter. Upon termination, You may request export of Your User-Entered Data within thirty (30) days of termination.

8.4Compliance. The Company processes personal data in compliance with applicable data protection laws, including the New Jersey Data Privacy Act, the California Consumer Privacy Act (CCPA) where applicable, and any other applicable US federal or state privacy regulations.

9.1Disclaimer of Warranties. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA AVAILABLE THROUGH THE PLATFORM WILL BE ACCURATE OR COMPLETE.

9.2Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALPHA ONE CONSULTING INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR: (a) LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITY; (b) CARGO LOSS, DAMAGE, DELAY, OR DEMURRAGE COSTS; (c) DECISIONS MADE IN RELIANCE ON PLATFORM DATA; (d) DATA INACCURACIES ORIGINATING FROM THIRD-PARTY DATA SOURCES OR USER-ENTERED DATA; (e) INTERRUPTION OF OR INABILITY TO USE THE PLATFORM; OR (f) ANY OTHER MATTER RELATING TO THE PLATFORM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3Aggregate Liability Cap. THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS (USD $100.00), WHICHEVER IS GREATER.

9.4Essential Basis. You acknowledge that the limitations of liability in this Section reflect a reasonable and fair allocation of risk, and that the Company would not provide the Platform on these terms without these limitations.

9.5Indemnification. You agree to indemnify, defend, and hold harmless Alpha One Consulting Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your use of the Platform in violation of these Terms; (b) Your User-Entered Data; (c) decisions made in reliance on Platform Data; (d) Your violation of applicable law; or (e) Your infringement of any third-party rights.

10.1Uptime. The Company will use commercially reasonable efforts to make the Platform available on a continuous basis. However, the Company does not guarantee uninterrupted availability and reserves the right to perform scheduled or emergency maintenance that may temporarily affect Platform accessibility.

10.2Scheduled Maintenance. Where practicable, the Company will provide advance notice of scheduled maintenance windows expected to affect Platform availability.

10.3Third-Party Availability. Platform functionality that depends on Third-Party Data Sources is subject to the availability, reliability, and performance of those third-party systems. The Company shall not be liable for service degradation or data unavailability caused by Third-Party Data Source outages, API rate limits, or changes to third-party data formats or protocols.

10.4No SLA. Unless otherwise agreed in writing in a separate Service Level Agreement, the Company does not provide any formal uptime guarantee or service level commitment with respect to Platform availability.

11.1Third-Party Services. The Platform may integrate with or provide access to third-party services, APIs, or platforms. Such integrations are provided for convenience only. The Company does not endorse, control, or assume any responsibility for Third-Party Services, their data, their terms of service, or their privacy practices. Your use of Third-Party Services is at Your own risk.

11.2Carrier API Changes. Ocean carriers and other Third-Party Data Sources may modify, restrict, or discontinue their APIs or data-sharing arrangements at any time without notice to the Company. The Company shall use commercially reasonable efforts to maintain carrier integrations but shall not be liable for service disruptions resulting from unilateral changes by carriers or data providers.

12.1Term. These Terms remain in effect for the duration of Your Subscription and continue until Your Account is terminated.

12.2Termination by User. You may terminate Your Subscription at any time by providing written notice in accordance with the cancellation procedures set forth on the Platform. Termination will be effective at the end of the then-current billing cycle, and no refunds will be issued for partial billing periods.

12.3Termination by Company. The Company may terminate or suspend Your access upon thirty (30) days' written notice, or immediately in the event of a material breach of these Terms that is not cured within ten (10) days of written notice.

12.4Effect of Termination. Upon termination: (a) Your license to use the Platform will immediately cease; (b) You must cease all use of the Platform; and (c) Sections 3, 7, 8, 9, and 13 shall survive termination.

13.1Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to its conflict of laws provisions.

13.2Dispute Resolution. In the event of any dispute arising out of or relating to these Terms or Your use of the Platform, the Parties agree to first attempt to resolve the matter informally by contacting the Company at support@freightlens.io. If not resolved within thirty (30) days, either Party may pursue formal proceedings as described below.

13.3Arbitration. Any dispute not resolved through informal negotiation shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with the arbitration to be conducted in New Jersey, USA. The arbitral award shall be final, binding, and enforceable in any court of competent jurisdiction.

13.4Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.5Injunctive Relief. Notwithstanding the foregoing, either Party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

14.1Entire Agreement. These Terms, together with the Company's Privacy Policy and any applicable Subscription order forms, constitute the entire agreement between You and the Company with respect to the Platform and supersede all prior understandings and agreements relating thereto.

14.2Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.3Waiver. No failure or delay in exercising any right under these Terms shall constitute a waiver of that right.

14.4Assignment. You may not assign or transfer these Terms or Your rights hereunder without the prior written consent of the Company. The Company may assign these Terms without consent in connection with a merger, acquisition, or sale of substantially all of its assets.

14.5Force Majeure. The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, war, government action, internet outages, or third-party service failures.

14.6Notices. Notices to the Company under these Terms should be directed to support@freightlens.io. The Company will provide notices to You at the email address associated with Your Account.

14.7Updates to the Platform. The Company reserves the right to modify, enhance, or discontinue any feature or functionality of the Platform at any time, with or without notice, subject to the Company's obligation to provide the core services for which You have paid a Subscription fee.