Customer Terms of Service

Version: 2.0-draft  ·  Effective Date: To be set on publication

1. Acceptance of these Terms

These Customer Terms of Service (the “Terms”) are a contract between you and Bobcat Technology Consultants, LLC, doing business as Truked (“Truked,” “we,” “us,” or “our”). They govern your use of the Truked mobile application and related services (the “Service”) to book deliveries.

By tapping “I Agree,” creating an account, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

These Terms contain a mandatory arbitration clause and class-action waiver in Section 16. Please read Section 16 carefully. You have a right to opt out of arbitration as described in that section.

2. Eligibility

You must be at least 18 years old and legally able to form a binding contract in your jurisdiction to use the Service. The Service is offered only to users in the United States.

3. Definitions

• “Customer,” “you,” “your” — a person who uses the Service to book a delivery.
• “Driver” — an independent contractor who accepts jobs through the Service.
• “Job” — a single delivery request from a Customer.
• “Service” — the Truked mobile app, website, and related services.
• “Fees” — the amounts charged to you for a Job, as detailed in Section 6.

4. Your Account

To use the Service you must create an account with accurate, current, and complete information. You are responsible for maintaining the confidentiality of your password and for all activity on your account. Notify us immediately at support@truked.com if you suspect unauthorized access.

5. Our Service

Truked operates a marketplace platform connecting Customers with independent Drivers who own pickup trucks (or larger vehicles). The Service enables transportation of bulky items typically purchased from large retailers (for example, Costco, Lowe’s, Home Depot) to an address you designate.

Truked is a technology platform only. Drivers are independent contractors. Truked does not own, operate, or maintain vehicles; does not employ Drivers; and does not handle your items. Drivers are solely responsible for the safe transport of items. Your agreement to move items is between you and the Driver, facilitated by the Service.

6. Pricing, Fees, and Tips

All prices are displayed in the app before you confirm a booking.

Base pricing:

• Base fare: $25.00 (covers the first 5 miles)
• Mileage: $2.50 per mile beyond the first 5 miles
• Item size surcharge: Small $0, Medium $15, Large $30, XL $50
• Platform fee: 15% of the subtotal (retained by Truked)
• Inside delivery (optional add-on): an additional fee as shown in the app when requested

Tips. After a Job is complete, you may choose to add a tip. Tips are paid 100% to the Driver and are separate from Fees. Truked does not retain any portion of tips.

When you are charged. Your card is authorized when you confirm a booking and charged when the Driver completes the Job. Pricing may be recalculated at pickup under Section 9 (Quote Adjustments).

Additional out-of-pocket costs (tolls, parking, loading fees at stores that require them) are your responsibility. You agree to reimburse reasonable, documented costs the Driver incurs at your direction.

7. Booking, Scheduling, and Cancellation

7.1 Types of Jobs

• On-demand Jobs are matched to an available Driver as soon as payment is authorized.
• Scheduled Jobs are booked for a future pickup time. A Driver may “reserve” a Scheduled Job in advance; you will be notified when a Driver has confirmed your reservation and again when the Driver is on the way.

7.2 Customer cancellation

• Before a Driver has accepted or reserved the Job: you may cancel at no charge. The payment authorization is released.
• After a Driver has accepted or reserved the Job: you may cancel, but Truked charges a cancellation fee of $15.00 to compensate the Driver for their time. The $15 fee is paid in full to the Driver. The remainder of your authorization is released.
• After pickup has occurred (the Driver has loaded your items): cancellation is handled by Truked support. The Job may be completed and billed in full, or partially refunded at Truked’s discretion depending on circumstances.

7.3 Driver cancellation

A Driver may be unable to complete a Job they accepted (for example, vehicle failure, personal emergency). If a Driver cancels, we will notify you immediately and attempt to re-match you with another available Driver. If no Driver is found within a reasonable period, your authorization is released in full.

7.4 No-match / auto-expiration

If no Driver accepts an on-demand Job within a reasonable period, Truked will cancel the Job and release your payment authorization. Scheduled Jobs remain open until cancelled.

8. Prohibited Items

The following items may not be booked through the Service. You agree not to request or attempt to have any of these transported:

• Hazardous materials (flammable liquids, compressed gases, corrosives, explosives, radioactive materials, or any item regulated under 49 CFR Parts 100-180)
• Firearms, ammunition, or weapons
• Alcohol (any quantity)
• Tobacco, vaping, or nicotine products
• Controlled substances, prescription medications, or drug paraphernalia
• Live animals
• Perishable food requiring refrigeration or temperature control
• Human remains, body parts, or biohazardous materials
• Currency, precious metals, or bearer instruments
• Stolen property or items you do not have legal authority to transport
• Any item whose transport would violate federal, state, or local law
• Items exceeding the safe load capacity or dimensions of a standard pickup truck, or requiring specialized equipment (commercial refrigeration, flatbed, hazmat-certified vehicles)

If you request transport of a Prohibited Item, the Driver may refuse the Job without penalty, the Job may be cancelled with forfeiture of Fees, and Truked may suspend or terminate your account. You indemnify Truked and the Driver for all claims, damages, fines, and attorney fees arising from your request to transport a Prohibited Item.

9. Loading, Unloading, and Quote Adjustments

9.1 Your presence and assistance

You or an authorized adult representative must be present at both pickup and delivery. You agree to reasonably assist the Driver with loading and unloading.

• The Driver is only obligated to move items between the truck bed and the curb or ground-level entry.
• The Driver is not required to carry items inside a home, up stairs, through narrow doorways, or into basements, unless you have purchased and the Driver has accepted the Inside Delivery add-on.
• You agree to hold Truked and the Driver harmless for any injury, property damage, or loss that occurs while you or your representative are assisting with loading or unloading.

9.2 Quote adjustments at pickup

If the items at pickup materially differ from what you described when booking (for example: a larger size category, unexpected additional items, or items requiring Inside Delivery), the Driver may propose an adjusted price through the app. You will receive a notification and may:

• Accept the adjusted price, and the Job proceeds.
• Reject the adjusted price, and the Job is cancelled. The Driver is compensated $25 for their time; no further charges apply to you.

10. Photo Requirement

You are required to upload a photo of the load at booking. The photo helps the Driver plan and serves as evidence if a quote adjustment or dispute arises. You grant Truked a limited license to store and use the photo solely for the purpose of fulfilling the Job and resolving any disputes related to it. See our Privacy Policy for retention details.

11. Your Responsibilities and Prohibited Conduct

You agree:

• To provide accurate pickup and delivery addresses.
• To be physically present (or have an authorized adult representative present) at both pickup and delivery.
• To request only items that can safely fit in a standard pickup truck.
• Not to harass, threaten, insult, or discriminate against any Driver on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, or any other protected characteristic.
• Not to request the Driver to violate any law (including traffic, parking, or store policy).
• Not to use the Service to stalk, locate, or monitor any person.
• Not to resell, sublicense, or commercially exploit the Service.
• Not to reverse-engineer, scrape, or interfere with the Service’s operation.

Truked may suspend or terminate your account for violations.

12. Intellectual Property

The Service, including the Truked name, logo, app, and all related content, is owned by Truked and protected by intellectual property laws. We grant you a limited, personal, non-transferable, non-exclusive license to use the Service for its intended purpose. No other rights are granted.

13. Ratings and Reviews

After a Job, you may be invited to rate and review the Driver. By submitting a rating or review, you represent that it is honest and based on your direct experience. You grant Truked a perpetual, royalty-free license to display, distribute, and use your rating and review content in connection with the Service.

14. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TRUKED EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TRUKED DOES NOT WARRANT that the Service will be uninterrupted or error-free; that Drivers will be available at any particular time; that any Job will be completed within a specific timeframe; or that items will be delivered undamaged.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in full.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. Truked’s total aggregate liability to you for any Job is limited to the Fees you paid for that Job.
2. TRUKED IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (including lost profits, lost data, or business interruption), even if advised of the possibility.
3. Claims for damaged or lost items during transport must be addressed primarily to the Driver, who is independently insured. Truked is not a party to the transport contract between you and the Driver.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above may not apply to you in full.

16. Dispute Resolution — Arbitration and Class Action Waiver

16.1 Informal resolution first

Before filing any formal claim, you agree to contact us at support@truked.com with a written description of the dispute and attempt to resolve it informally. We will respond within 30 days. Neither party may initiate arbitration until this 30-day informal period has passed.

16.2 Mandatory arbitration

Except as set out in Section 16.4, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with Truked (a “Dispute”) will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at www.adr.org.

The arbitration will take place in Mecklenburg County, North Carolina, or telephonically at your option. The arbitrator’s decision will be final and enforceable in any court of competent jurisdiction.

Each party pays its own attorney’s fees; filing and arbitrator fees are allocated according to AAA’s Consumer Rules.

16.3 Class action waiver

You and Truked agree that Disputes will be resolved only on an individual basis, not as a class, collective, or representative action. You waive the right to participate in a class action or class-wide arbitration.

16.4 Carve-outs

Notwithstanding Sections 16.2 and 16.3:

• Small claims. Either party may bring an individual claim in a small claims court of competent jurisdiction if it qualifies.
• Injunctive relief for intellectual property. Either party may seek injunctive or equitable relief in a court of competent jurisdiction for misuse of intellectual property.
• Sexual assault and sexual harassment claims are not subject to this arbitration provision and may be brought in court. This carve-out is required by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. §§ 401-402).

16.5 Opt-out right

You may opt out of this arbitration provision by sending a written notice to support@truked.com within 30 days of first accepting these Terms. The notice must include your full name, the email associated with your account, and a clear statement that you are opting out of arbitration. Opting out will not affect the rest of these Terms.

16.6 Survival

This Section 16 survives termination of these Terms.

17. Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to conflict of laws principles. Subject to Section 16, any judicial action must be filed in the state or federal courts located in Mecklenburg County, North Carolina, and you consent to that jurisdiction and venue.

18. Electronic Communications and Notices

You consent to receive communications from Truked electronically (email, push notification, in-app message). Electronic communications satisfy any legal requirement that a communication be in writing.

To give Truked formal notice, send written notice to:

Bobcat Technology Consultants, LLC d/b/a Truked 13016 Eastfield Rd, STE B200-240, Huntersville, NC 28078 Email: support@truked.com

Notice is effective on receipt.

19. Termination

You may close your account at any time via Profile → Delete Account in the app or by emailing support@truked.com. We may suspend or terminate your account at any time for violation of these Terms, for suspected fraud, or as required by law. Sections that by their nature should survive termination (including Sections 14, 15, 16, 17, 22, 23, and 24) survive.

20. Force Majeure

Truked is not liable for delay or failure to perform caused by events beyond our reasonable control, including acts of God, pandemics, natural disasters, labor disputes, utility or network outages, governmental action, or war.

21. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will notify you at least 14 days before the change takes effect by email or in-app notice and prompt you to re-accept the updated Terms. Your continued use after the effective date indicates acceptance.

22. California Residents

If you are a California resident, California Civil Code § 1789.3 requires us to provide the following: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.

23. Severability

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. If the Class Action Waiver in Section 16.3 is found unenforceable in any respect, the arbitration provision in Section 16.2 is also void and claims must be brought in court.

24. Entire Agreement; Assignment

These Terms, together with the Privacy Policy, are the entire agreement between you and Truked regarding the Service and supersede any prior understandings. You may not assign these Terms. Truked may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.

25. Contact

Bobcat Technology Consultants, LLC d/b/a Truked 13016 Eastfield Rd, STE B200-240, Huntersville, NC 28078 Email: support@truked.com

This document is a DRAFT prepared for legal review. It is not legal advice. A qualified attorney should review and customize this document before it is published.