User Terms and Conditions

Version: 3.0  ·  Effective Date: August 3, 2026

1. USER TERMS AND CONDITIONS

These User Terms and Conditions, together with any policies, guidelines or supplemental terms referenced herein (collectively, these “Terms”), govern your access to and use of the Truked mobile application, website, platform, technology, content, features and related services (collectively, the “Service”).

The Service is operated by Bobcat Technology Consultants, LLC, doing business as Truked (“Truked,” “Company,” “we,” “us,” or “our”).

By accessing or using the Service, creating an account, requesting transportation services, accepting transportation jobs, or otherwise using any part of the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

These Terms contain important provisions, including limitations of liability, disclaimers and dispute resolution procedures, among others. Please read them carefully.

2. ADDITIONAL TERMS; ORDER OF PRECEDENCE

Additional policies, guidelines, feature-specific terms, Driver Terms and Conditions, promotional terms, referral terms, app-store terms, claims-process rules, support procedures, or other supplemental terms may apply to particular features, Jobs, promotions, Users, devices, channels, or circumstances. Any such additional terms are incorporated into and form part of these Terms when they are referenced in these Terms, displayed or made available through the Service, provided in connection with the applicable feature or offer, or otherwise accepted by you.

If there is a conflict between these Terms and any additional terms, the additional terms will control solely with respect to the specific feature, promotion, Job, claim, device, channel, or subject matter to which they apply, unless the additional terms state otherwise. These Terms will control with respect to all other matters. If there is a conflict between these Terms and any Driver Terms and Conditions, the Driver Terms and Conditions will control with respect to Driver eligibility, Driver obligations, Driver compensation, Driver conduct, Driver payouts, and other Driver-specific matters, and these Terms will control with respect to Customer use of the Service and all non-Driver-specific matters.

3. OVERVIEW OF THE SERVICE

Truked operates a marketplace platform that connects individuals or entities seeking transportation of bulky items, goods, or other permissible personal property (“Customers”) with independent contractor drivers who own, lease or otherwise lawfully operate pickup trucks only (“Drivers”).

Truked may, in its sole discretion, add, remove, or modify the categories of vehicles permitted on the platform at any time.

Truked provides the technology platform through which Customers may request transportation services and Drivers may choose to Accept such requests. Truked does not provide transportation services, moving services, delivery services, logistics services, freight brokerage services, or carrier services.

When a Customer requests a job and a Driver Accepts or Reserves that job through the Service, including a Scheduled Job, the Customer and Driver enter into a direct contractual relationship with each other for the performance of the requested transportation service. Truked is not a party to that contract.

4. DEFINITIONS

For purposes of these Terms:

5. ELIGIBILITY

You must be at least eighteen (18) years old and legally capable of entering into binding contracts to use the Service. By using the Service, you represent and warrant that:

  1. You are at least eighteen (18) years old;

  2. You have full legal authority to agree to these Terms;

  3. Your use of the Service does not violate any applicable law, regulation, contract or obligation;

  4. All information you provide to Truked is accurate, current and complete; and

  5. You will maintain and promptly update your Account information as necessary.

Truked may refuse access to the Service, suspend Accounts or terminate Accounts at any time if we believe a User does not meet eligibility requirements or has violated these Terms.

6. ACCOUNTS AND ACCOUNT SECURITY

To use the Service, you must create and maintain an Account. You agree to provide accurate and complete information and to keep that information current. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You agree to notify Truked immediately of any unauthorized access to or use of your Account at support@truked.com.

Truked is not liable for any loss or damage arising from your failure to safeguard your Account credentials.

7. ROLE OF TRUKED

Truked acts solely as a technology platform and facilitator that enables Customers and Drivers to connect with each other. You acknowledge and agree that:

  1. Truked does not provide transportation, delivery, moving, hauling, logistics, freight, or carrier services;

  2. Truked does not employ, supervise, direct, control, or manage Drivers;

  3. Drivers are independent contractors and are not employees, agents, joint venturers, partners, representatives, or franchisees of Truked;

  4. Truked is not responsible for the acts, omissions, representations, warranties, negligence, misconduct, or performance of any Customer or Driver;

  5. Truked is not a party to any agreement between a Customer and Driver relating to a Job; and any contract for services formed through the Service is solely between the Customer and the Driver who Accepts or Reserves the Job.

Truked may provide tools, features, pricing information, communications, payment processing functionality, ratings, reviews and support resources, but such involvement does not make Truked a provider of transportation services or a party to any Customer-Driver contract.

Truked’s operation of any claims process, including any declared-value customer claims process, does not make Truked a transportation provider, delivery provider, moving company, carrier, broker, bailee, insurer, guarantor, or party to any Customer-Driver contract.

8. CUSTOMER RESPONSIBILITIES

Customers are responsible for:

  1. Providing accurate pickup and delivery addresses;

  2. Providing a complete and accurate description of the items to be transported;

  3. Identifying the size, weight, fragility, special handling needs, access restrictions, stairs, elevators, parking limitations, and any other relevant circumstances affecting the Job;

  4. Ensuring that the requested transportation is lawful;

  5. Ensuring that they own, or have lawful authority to possess, release, arrange transportation of, load, unload, and deliver, the items;

  6. Being available at the pickup and delivery locations, or arranging for an authorized representative to be available;

  7. Ensuring that items are properly packaged, protected, and ready for pickup unless otherwise agreed with the Driver;

  8. Disclosing any hazardous, prohibited, high-value, regulated, or restricted items;

  9. Paying all applicable fees, charges, taxes, cancellation fees, waiting time fees, tolls, surcharges, and other amounts due;

  10. Communicating respectfully and lawfully with Drivers; and

  11. Complying with these Terms and all applicable laws.

Customers acknowledge that Drivers may refuse to transport items that are unsafe, unlawful, misdescribed, improperly packaged, inaccessible, materially different from the description provided, or otherwise unsuitable for transport.

When booking a Job, the Customer must declare through the Service the value of the items to be transported. The Declared Value must be accurate, complete, and made in good faith based on the Customer’s reasonable estimate of the items’ actual value at the time of booking. The Customer is responsible for providing accurate item descriptions, photographs, proof of value, receipts, or other documentation reasonably requested by Truked. Truked may deny or reduce any claim if the Customer fails to declare a value, understates or misstates the value, fails to provide requested documentation, or provides inaccurate, incomplete, or misleading information.

9. DRIVER RESPONSIBILITIES

Drivers are independent contractors and are not employees, agents, representatives, partners, joint venturers or franchisees of Truked. Truked does not control the manner or means by which Drivers perform transportation services. Drivers are solely responsible for their own licenses, permits, vehicles, insurance, taxes, expenses and compliance with applicable law. Driver compensation, payout procedures and additional Driver obligations are governed by the applicable Driver Terms and Conditions.

10. JOB TYPES

Truked may offer different types of Jobs available through the Service, including On-Demand Jobs and Scheduled Jobs:

  1. On-Demand Jobs: An On-Demand Job is a Job requested for prompt pickup and performance. Once the Customer’s payment method is authorized, Truked will attempt to match the Job with an available Driver.

  2. Scheduled Jobs: A Scheduled Job is a Job booked for a future pickup time. A Driver may Reserve a Scheduled Job in advance. Truked will notify the Customer when a Driver confirms the reservation and may provide additional notifications, including when the Driver is on the way to the pickup location.

Truked does not guarantee that any Job will be Accepted, Reserved or completed by a Driver.

11. JOB REQUESTS, ACCEPTANCE AND PERFORMANCE

Customers may submit Job requests through the Service. A Job request may include pickup and delivery locations, requested timing, item descriptions, photographs, service preferences, the Customer’s Declared Value of the items to be transported and other relevant details.

Drivers may Accept or decline Job requests at their discretion, and a Driver may Reserve a Scheduled Job through the Service.

A Job is confirmed once a Driver Accepts or Reserves a Job, whichever occurs sooner. Customer and Driver are responsible for coordinating performance of the Job. Truked may provide communication tools through the Service, but Truked is not responsible for the Customer’s or Driver’s conduct, communications, or performance.

12. PHOTO OF LOAD OR JOB

Customer may be required to upload one or more photographs of the items to be transported when booking a Job. These photographs help the Driver evaluate the Job, plan for appropriate vehicle space and equipment, and determine whether the Job can be safely and lawfully completed.

Photographs submitted by the Customer may also be used to verify Job details, support any quote adjustment, document item condition, evaluate Declared Value, assist with Customer or Driver support, administer the claims process, and help resolve disputes related to the Job.

By uploading photographs through the Service, the Customer grants Truked a limited, non-exclusive, royalty-free license to store, access, review, reproduce, display, and use the photographs solely as reasonably necessary to operate the Service, fulfill the applicable Job, process quote adjustments, provide support, enforce these Terms, and resolve disputes related to the Job.

Truked will handle photographs in accordance with its Privacy Policy, including any applicable retention and deletion practices.

13. LOADING AND UNLOADING

The Customer, or an authorized representative of the Customer, must be present at both the pickup location and the delivery location unless otherwise approved through the Service. The Customer is responsible for ensuring that items are ready for pickup, accessible, and capable of being safely loaded and transported, including for pickups originating inside a retail store, where the items must be available for release and pickup at the curb, loading area, storefront, or other ground-level entry area unless otherwise agreed through the Service. The Customer agrees to reasonably assist the Driver with loading and unloading, as needed. For any Large Job or Extra Large Job, Customer must provide, at both pickup and delivery, at least one physically capable adult representative to assist with loading and unloading. If Customer fails to provide the required assistance, Driver may refuse to load, unload or continue the Job, cancel the Job or request a quote adjustment, and Truked and Driver will not be responsible for any resulting delay, cancellation, incomplete performance, injury, property damage, cost, expense, or claim arising from or related to Customer’s failure to provide adequate assistance, except to the extent caused by the gross negligence or willful misconduct of Truked or Driver.

Unless the Customer has purchased the Inside Delivery add-on and the Driver has accepted that add-on, the Driver is only obligated to move items between the Driver’s vehicle and the curb, loading area, storefront, or other ground-level entry area. The Driver is not required to retrieve items from inside a retail store or carry items inside a home, apartment, office, building, retail store or other structure; move items up or down stairs; move items through narrow doorways, hallways, or elevators; place items in specific rooms; or move items into basements, attics, garages, or other interior areas.

If Inside Delivery is requested, the applicable fee will be displayed through the Service, and the Driver must accept the Inside Delivery add-on before the Driver is obligated to perform it. Drivers may decline or refuse Inside Delivery if, in the Driver’s reasonable judgment, the service cannot be performed safely or lawfully, or if the location, item condition, access route, weather, or other circumstances present a risk of injury, property damage, or loss.

To the fullest extent permitted by law, the Customer agrees to assume responsibility for, and hold harmless Truked and the Driver from, any injury, property damage, loss, or claim arising from or related to the Customer’s or the Customer’s representative’s participation in loading or unloading, except to the extent caused by the gross negligence or willful misconduct of Truked or the Driver.

14. CANCELLATIONS

Cancellation treatment may vary depending on the type of Job, the timing of cancellation, Driver availability and the circumstances of the Job.

Customer Cancellations

  1. Before Driver Acceptance or Reservation. If the Customer cancels a Job before a Driver has Accepted or Reserved it, the Customer may cancel at no charge.

  2. After Driver Acceptance, Reservation or Travel. If the Customer cancels a Job after a Driver has Accepted or Reserved the Job, or after the Driver has begun traveling to the pickup location, Truked will charge a cancellation fee of fifteen dollars ($15.00). This cancellation fee is intended to compensate the Driver for their time and will be paid in full to the Driver.

  3. After Pickup or Loading. If the Customer seeks to cancel after pickup has occurred or after the Driver has loaded the items, the cancellation will be handled by Truked Support. Depending on the circumstances, the Job may be completed and billed in full, or Truked may issue a partial refund or other adjustment in its discretion. If the Customer believes that items were lost, stolen, damaged, misdelivered, or otherwise affected in connection with a cancelled or attempted Job, the Customer must submit a claim through Truked’s in-app support chat or by email to support@truked.com in accordance with the Customer Claims Process. The claim will be deemed submitted upon initial receipt through either authorized support channel.

Driver Cancellations

  1. A Driver may be unable to complete a Job after Acceptance or Reservation due to circumstances such as vehicle failure, personal emergency, safety concerns, or other issues.

  2. If a Driver cancels a Job, Truked will notify the Customer as soon as reasonably practicable and will attempt to re-match the Customer with another available Driver. If Truked is unable to find another Driver within a reasonable time, the Customer’s payment authorization will be released in full.

If a Driver cancellation results in an attempted Job and the Customer believes that items were lost, stolen, damaged, misdelivered or otherwise affected, the Customer may submit a claim through Truked’s in-app support chat or by email to support@truked.com. Submission occurs upon Truked’s initial receipt through the applicable channel.

15. ABANDONED, UNDELIVERABLE, REFUSED OR UNFIT ITEMS

If items cannot be delivered, are refused by the recipient, are unavailable for release, are misdescribed, are unsafe, unlawful, prohibited, unfit for transport, inaccessible, materially different from the description provided, or otherwise cannot reasonably be picked up, transported, or delivered, Truked or the Driver may, as applicable and subject to applicable law, cancel the Job, return the items, hold the items for pickup, arrange storage, seek Customer instructions, request a quote adjustment, charge additional amounts, or take other reasonable steps under the circumstances.

The Customer remains responsible for all fees, costs, losses, storage charges, return charges, disposal charges, waiting time, tolls, penalties, and other expenses arising from or related to abandoned, undeliverable, refused, unfit, unsafe, unlawful, misdescribed, inaccessible, or prohibited items, except to the extent prohibited by applicable law. If the Customer fails to provide timely instructions or retrieve items after reasonable notice, Truked or the Driver may handle, store, return, dispose of, donate, or otherwise address the items as permitted by applicable law. Nothing in this section makes Truked a carrier, mover, bailee, warehouseman, insurer, guarantor, or party to any Customer-Driver contract.

16. PRICING, FEES AND PAYMENT

Customers agree to pay all fees and charges displayed, quoted, or otherwise made available through the Service in connection with a Job, including base fares, mileage charges, item surcharges, optional add-on fees, service fees, Driver fees, cancellation fees, waiting time charges, tolls, taxes, surcharges, and any other applicable amounts. Truked may collect, withhold, remit, or pass through taxes, fees, assessments, or surcharges as required or permitted by applicable law.

Base Pricing

Unless otherwise displayed in the Service, Job pricing is calculated based on a combination of base fare, mileage, item size, and any selected add-on services. The standard base fare is twenty-five dollars ($25.00), which includes the first five (5) miles of transportation. For mileage beyond the first five (5) miles, an additional charge of two dollars and fifty cents ($2.50) per mile applies.

An item surcharge may apply based on the size or category of the Job, as follows:

  1. Small Job: $0.00

  2. Medium Job: $15.00

  3. Large Job: $30.00

  4. Extra Large: $50.00

Inside Delivery may be available as an optional add-on service. If requested, the applicable Inside Delivery fee will be shown in the Service before the Customer confirms the Job.

Customer will be charged the applicable Job subtotal, consisting of the base fare, mileage charges, item size surcharge, and any selected add-on fees, plus a platform fee equal to fifteen percent (15%) of that subtotal. Amounts charged may be allocated among Driver, Truked, payment processors, and other applicable recipients in accordance with Truked’s then-current payment practices. Unless otherwise displayed through the Service, Truked retains fifteen percent (15%) of the total charged.

Payment Authorization and Charges

Truked may facilitate payment processing through third-party payment processors. By using the Service, you authorize Truked and its payment processors to charge, authorize, capture, partially capture, release, adjust, refund, or otherwise process your selected payment method for all amounts due.

Unless otherwise stated through the Service, all payments are due at the time specified in the Service. Truked may place an authorization hold, charge, capture, partially capture, release, adjust, or refund amounts in accordance with the applicable Job details, these Terms, and Truked’s payment practices.

If a payment method is declined, a charge is reversed, an authorization fails or expires, a chargeback or payment dispute is initiated, or any amount remains unpaid, you authorize Truked and its payment processors to resubmit, reprocess, or otherwise attempt to collect the unpaid amount using the same payment method or any other payment method you have provided, to the extent permitted by applicable law and payment network rules.

You are responsible for all amounts owed in connection with your Account, Jobs, cancellations, quote adjustments, claims, chargebacks, payment disputes, failed payments, and other charges authorized by these Terms or the Service. Truked may suspend or restrict your Account, withhold refunds or credits, offset amounts owed, refer unpaid amounts to collections, and recover reasonable collection costs, chargeback fees, payment processor fees, attorneys’ fees, and other costs of collection to the extent permitted by applicable law.

Amounts paid may be distributed among Drivers, Truked, payment processors, and other applicable recipients in accordance with Truked’s then-current payment practices.

Gratuity/Tips

After a Job is completed, the Customer may choose to add a tip for the Driver. Tips are voluntary, are separate from other fees and charges, and are paid 100% to the Driver, subject to any payment processor requirements or applicable law.

Pricing Changes

Truked may modify pricing, fees, surcharges, commissions, payment structures, billing practices, or available add-on services at any time, subject to applicable law. Any applicable pricing will be displayed, quoted, or otherwise made available through the Service before the Customer confirms the Job, except for adjustments, additional charges, or fees arising from circumstances disclosed in these Terms or the Service.

17. PROMOTIONS, CREDITS, DISCOUNTS AND REFERRALS

Truked may, in its discretion, offer promotional codes, credits, discounts, coupons, referral rewards, account credits, trial offers, incentives, or similar promotions. Unless expressly stated otherwise in the applicable offer, promotions are discretionary, non-transferable, not redeemable for cash, have no cash value, may be limited to particular Users, Accounts, Jobs, locations, time periods, or features, may be subject to additional terms, and may not be combined with other offers.

Truked may modify, suspend, revoke, limit, refuse, or terminate any promotion, credit, discount, referral reward, or similar offer at any time, including if Truked believes the offer was issued in error, obtained or used fraudulently or abusively, duplicated, transferred, sold, misused, or applied in violation of these Terms or the applicable promotional terms. Promotions, credits, discounts, referral rewards, and similar offers may expire as stated in the offer or as otherwise permitted by applicable law. No promotion, credit, discount, referral reward, or similar offer creates any vested right, property interest, or entitlement to future services, refunds, cash, or compensation, except to the extent required by applicable law.

18. QUOTE ADJUSTMENTS

The Customer is responsible for accurately describing the items, locations, access conditions, service requirements, and other Job details when booking.

If the items or circumstances at pickup materially differ from what the Customer described when booking, the Driver may propose an adjusted price through the Service. Material differences may include, without limitation, a larger item size category, additional items, unusually heavy or fragile items, inaccessible pickup or delivery conditions, unexpected stairs or long carries, or circumstances requiring Inside Delivery that were not disclosed or selected when the Job was booked.

If a Driver proposes an adjusted price, the Customer will receive notice through the Service. The Customer may either:

  1. accept the adjusted price, in which case the Job will proceed at the adjusted price; or

  2. reject the adjusted price, in which case the Job will be cancelled, the Customer may be charged twenty-five dollars ($25.00) to compensate the Driver for the Driver’s time, and any remaining authorization may be released, reduced, partially captured, or otherwise adjusted in accordance with Truked’s payment practices.

Truked may determine, in its discretion, whether a quote adjustment, cancellation, refund, partial charge, authorization release, Driver compensation, or other charge is appropriate based on the circumstances, including whether pickup, loading, unloading, travel, waiting time, tolls, add-on services, or other Job-related activity has already occurred.

19. RATINGS, REVIEWS AND USER CONTENT

Users may be permitted to submit reviews, ratings, comments, photographs, item descriptions, profile information, messages, communications, and other content, information or materials through the Service (“User Content”).

You retain ownership of your User Content. By submitting User Content through the Service, you grant Truked a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, host, store, reproduce, display, publish, distribute, modify, adapt, create derivative works from, and otherwise process User Content as reasonably necessary or appropriate to operate, provide, maintain, support, improve, protect, market, and promote the Service, enforce these Terms, resolve disputes, prevent fraud, comply with law, and exercise Truked’s legal rights.

Truked’s collection, use, disclosure, retention, and other processing of personal information contained in or associated with User Content is governed by Truked’s Privacy Policy and applicable law. Nothing in these Terms limits any privacy rights you may have under applicable law.

You represent and warrant that your User Content:

  1. is accurate and not misleading;

  2. does not violate any law or third-party right;

  3. does not contain defamatory, obscene, abusive, discriminatory, or unlawful content;

  4. does not infringe intellectual property, privacy, publicity, or other rights;

  5. does not contain malware or harmful code; and

  6. may be submitted and used by Truked as permitted by these Terms without requiring Truked to obtain any further consent from, or pay compensation to, any person.

Truked may remove, modify, restrict, refuse to display, or disable access to User Content at any time in its discretion, including if Truked believes the User Content violates these Terms, applicable law, third-party rights, platform policies, safety standards, or the integrity of the Service.

20. PROHIBITED ITEMS AND ACTIVITIES

Users may not use the Service to transport or arrange for the transportation of:

  1. Illegal goods or contraband;

  2. Stolen property;

  3. Firearms, ammunition, explosives, or weapons, except where expressly permitted by Truked and applicable law;

  4. Hazardous materials, toxic substances, flammable materials, or regulated chemicals;

  5. Drugs, controlled substances, or drug paraphernalia;

  6. Live animals, unless expressly permitted by Truked and applicable law;

  7. Human remains or biological materials;

  8. Cash, securities, negotiable instruments, or financial instruments;

  9. Unusually high-value items unless expressly disclosed and accepted by the Driver;

  10. Items requiring special licensing, permits, temperature control, or regulatory handling;

  11. Items that cannot be safely transported using the Driver’s vehicle; or

  12. Any other items prohibited by Truked policy or applicable law.

Users may not:

  1. Use the Service for unlawful, fraudulent, abusive, or deceptive purposes;

  2. Harass, threaten, discriminate against, or abuse any User;

  3. Misrepresent identity, qualifications, vehicle condition, item descriptions, or Job details;

  4. Circumvent the Service to avoid fees;

  5. Interfere with the operation or security of the Service;

  6. Scrape, copy, reverse engineer, or misuse the Service;

  7. Submit false reviews or ratings;

  8. Use another person’s Account without authorization; or

  9. Violate these Terms or applicable law.

  10. You may not access or use the Service if you are barred from doing so under applicable export control, sanctions, embargo, restricted-party, anti-boycott, or similar laws or regulations. You represent and warrant that you are not located in, organized under the laws of, ordinarily resident in, or acting on behalf of any country, territory, person, entity, or organization subject to applicable sanctions, embargoes, or restricted-party lists that would prohibit or restrict your use of the Service.

  11. You may not use, export, re-export, transfer, or otherwise make available the Service, directly or indirectly, for any prohibited destination, person, entity, end use, or purpose, including in violation of applicable export control, sanctions, restricted-party, or anti-boycott laws. Truked may suspend, restrict, or terminate access to the Service, cancel Jobs, refuse payments, or take other action if Truked believes that continued access or use may violate applicable trade compliance laws or expose Truked, Users, or third parties to legal or regulatory risk.

21. INSURANCE AND RISK OF LOSS

Truked may maintain certain insurance policies in connection with operation of the Service, which may include commercial general liability insurance, hired/non-owned automobile liability insurance, or other policies. Any such insurance is subject to the terms, conditions, exclusions, deductibles, limits, reservations of rights, and claims-handling requirements of the applicable policies. Truked may also maintain a discretionary declared-value customer claims process for certain cargo-related claims, as described in these Terms. The declared-value customer claims process is not insurance and does not make any User an insured, additional insured, loss payee, or third-party beneficiary of any Truked insurance policy. The existence of any insurance maintained by Truked or any declared-value customer claims process does not guarantee coverage or payment for any particular Job, item, loss, damage, claim, User, Driver, Customer, vehicle, or incident.

Drivers are required to maintain the insurance coverage described in the applicable Driver Terms and Conditions and any other insurance required by applicable law. Truked may request proof of Driver insurance, but Truked does not guarantee that any Driver’s insurance is valid, collectible, sufficient, applicable to a particular Job, or available to cover any loss, damage, injury, theft, delay, or other harm arising from a Job.

Customers are responsible for determining whether their own insurance covers items transported through the Service and whether additional insurance or other protection is appropriate. The declared-value customer claims process is not insurance and is not a substitute for the Customer’s own insurance. Customers should not use the Service to transport high-value, fragile, irreplaceable, regulated, or sensitive items unless they are comfortable with the associated risks, have made appropriate insurance arrangements, and understand that any discretionary claim payment by Truked is limited as provided in these Terms.

Unless otherwise required by applicable law, expressly agreed by Truked in writing, or paid by Truked in its discretion through the declared-value customer claims process described in these Terms, Truked is not liable for loss, theft, damage, delay, non-delivery, misdelivery, personal injury, property damage, or any other harm arising from a Driver’s performance or non-performance of a Job. Any discretionary payment by Truked under the declared-value customer claims process is a customer remedy only and does not constitute carrier liability, mover liability, bailee liability, insurance, or an admission that Truked is a transportation provider, carrier, mover, bailee, insurer, guarantor, or party to any Customer-Driver contract.

22. CUSTOMER CLAIMS PROCESS

If a Customer believes that items were lost, stolen, damaged, misdelivered, or otherwise affected in connection with a Job, the Customer must submit a claim to Truked through one of the following authorized channels: (1) for a completed Job, through the in-app customer claims flow made available for that Job; (2) for a cancelled or attempted Job, through Truked’s in-app support chat or by email to support@truked.com. A claim is deemed submitted when it is initially received by Truked through the applicable authorized channel. The applicable submission time will be determined by Truked’s records, including the creation time of an in-app claim record, the timestamp of an in-app support chat, or the logged receipt time of an email.

The claim must be received through an authorized channel within three (3) days after completion, cancellation, or attempted completion of the Job, or after the Customer first knew or reasonably should have known of the issue giving rise to the claim, whichever occurs first, unless a longer period is required by applicable law. A claim received after the applicable deadline may be denied as untimely to the fullest extent permitted by law.

To constitute a claim submission, the Customer’s initial communication must reasonably identify the applicable Job and state that the Customer is seeking relief for alleged loss, theft, damage, misdelivery, or another cargo-related issue. The Customer is not required to provide all supporting documentation with the initial submission for the claim to be considered received, but must subsequently provide all information and documentation reasonably requested by Truked.

After a claim has been submitted, Truked may require the Customer to complete a claim form or provide additional information and documentation, which may include the Customer’s Declared Value submitted at the time of booking, photographs, item descriptions, proof of value, receipts, repair estimates, pickup and delivery information, communications with the Driver, and any other relevant evidence. Proof of value may be used to evaluate a claim, but it does not increase the Customer’s Declared Value or expand any discretionary payment limit under these Terms. A request for additional information or completion of a claim does not change the date or time on which the claim was initially submitted. Failure to provide requested documentation, preserve evidence, permit inspection, or reasonably cooperate may result in denial or reduction of the claim to the fullest extent permitted by law.

The Customer must preserve the affected items, packaging, and related evidence and must reasonably cooperate with Truked, the Driver, insurers, and claims administrators in the investigation and resolution of the claim.

Communication sent through a channel not identified above does not constitute submission of a claim unless Truked expressly designates that channel for claim submission or confirms in writing that the communication has been accepted as a claim. Truked may designate additional claim-submission channels through the Service or in a written communication to the Customer.

Truked may investigate, administer, settle, deny, or otherwise resolve claims in its discretion, subject to applicable law and these Terms. If Truked elects, in its sole discretion, to make a payment for a cargo-related claim involving lost, stolen, damaged, or misdelivered items, the payment will be limited to the lesser of: (1) the Customer’s Declared Value for the affected items submitted through the Service at the time of booking; or (2) Five Thousand Dollars ($5,000). Truked may further reduce or deny any claim based on depreciation, condition, pre-existing damage, insufficient documentation, inaccurate or incomplete item descriptions, inaccurate or incomplete declared value, failure to preserve evidence, failure to cooperate, exclusions or limitations in Truked’s claims process, or other circumstances Truked determines are relevant.

The Declared Value customer claims process is a discretionary customer remedy. It is not insurance, does not provide insurance coverage, does not create carrier liability, mover liability, bailee liability, or strict liability, and does not make Truked a transportation provider, carrier, mover, bailee, insurer, guarantor, employer of any Driver, or party to any Customer-Driver contract. Truked’s investigation, administration, settlement, denial, or payment of any claim does not constitute an admission of liability.

Unless otherwise required by applicable law or expressly agreed by Truked in writing, Truked is not responsible for consequential, incidental, special, exemplary, punitive, sentimental, replacement-use, loss-of-use, lost-profit, delay-related, or similar damages. Any discretionary claim payment is subject to the declared-value limit described above, applicable exclusions, depreciation, proof-of-value requirements, documentation requirements, cooperation requirements, and other limitations established by Truked’s claims process.

23. INTELLECTUAL PROPERTY

The Service, including all software, technology, designs, text, graphics, logos, trademarks, trade names, service marks, icons, images, audio, video, data, features, interfaces, and content provided by Truked, is owned by Truked or its licensors and is protected by intellectual property and other laws.

Subject to these Terms, Truked grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your personal or internal business use. All rights not expressly granted are reserved by Truked.

In addition to the foregoing, you may not:

  1. copy, modify, distribute, sell, lease, sublicense, or exploit the Service;

  2. reverse engineer, decompile, disassemble, or attempt to derive source code from the Service;

  3. remove or alter proprietary notices;

  4. use Truked’s trademarks without prior written consent; All rights not expressly granted are reserved by Truked;

  5. create derivative works based on the Service; or

  6. use the Service to develop a competing product or service.

24. PRIVACY

Your use of the Service is subject to Truked’s Privacy Policy, which describes how Truked collects, uses, discloses, and protects personal information.

By using the Service, you consent to Truked’s collection, use, and disclosure of information as described in the Privacy Policy.

If there is any conflict between these Terms and the Privacy Policy regarding privacy practices, the Privacy Policy will control with respect to personal information.

25. TERMINATION AND SUSPENSION

Truked may suspend, deactivate, restrict, or terminate your Account or access to the Service at any time, with or without notice, if Truked believes that:

  1. you violated these Terms;

  2. you violated applicable law;

  3. your conduct may harm Truked, Users, or third parties;

  4. you provided inaccurate, incomplete, or misleading information;

  5. you engaged in fraud, abuse, harassment, discrimination, unsafe conduct, or circumvention of Truked fees;

  6. your Account has been inactive for an extended period; or

  7. termination is otherwise appropriate in Truked’s discretion.

You may stop using the Service at any time. You may request Account deletion in accordance with Truked’s procedures and applicable law. Account deletion may be delayed, denied, or limited to the extent reasonably necessary to complete or resolve active Jobs, process unpaid amounts, chargebacks, refunds, disputes, claims, fraud prevention, safety investigations, legal compliance, tax and accounting records, insurance or safety records, or similar legitimate business or legal matters.

Termination does not affect rights or obligations that accrued before termination, including payment obligations, refund and chargeback obligations, privacy-related rights and obligations, claims procedures, tax obligations, notice provisions, governing law, dispute resolution obligations, intellectual property rights, disclaimers, limitations of liability, indemnification obligations, and any other provisions that by their nature should survive termination.

By creating an Account or using the Service, you consent to receive communications from Truked electronically, including emails, text messages, push notifications, in-app messages, and notices posted through the Service. Customers may submit claims concerning cancelled or attempted Jobs through the authorized electronic support channels identified in the Customer Claims Process. Truked may rely on its electronic records, including database creation times, chat timestamps, and email receipt logs, to determine when a claim was received.

You agree that electronic communications satisfy any legal requirement that communications be in writing.

You may opt out of certain promotional communications, but Truked may still send transactional, administrative, legal, safety, and account-related communications.

By providing a mobile telephone number to Truked, creating an Account, requesting a Job, communicating with a Driver or Truked, or otherwise using SMS or text-message features of the Service, you consent to receive text messages from or on behalf of Truked, Drivers, service providers, or communication vendors at the telephone number you provide. Text messages may include transactional, administrative, operational, safety, account, support, claims, payment, delivery, pickup, scheduling, promotional, and marketing messages, subject to applicable law.

Message frequency may vary depending on your Account activity, Jobs, settings, support requests, claims, promotions, and other interactions with the Service. Message and data rates may apply. Your mobile carrier is not liable for delayed or undelivered messages. Consent to receive promotional text messages is not a condition of purchasing or using the Service where prohibited by law.

You may opt out of promotional text messages by following the instructions provided in the message, including by replying STOP where that functionality is made available. You may receive one or more confirmatory messages after opting out. Opting out of promotional text messages will not prevent Truked from sending non-promotional transactional, administrative, legal, safety, account, support, claims, payment, delivery, pickup, scheduling, or service-related text messages to the extent permitted by applicable law.

27. THIRD-PARTY SERVICES

The Service may integrate with or link to third-party websites, platforms, payment processors, mapping services, communication tools, background check providers, or other third-party services.

Truked does not control and is not responsible for third-party services. Your use of third-party services may be subject to separate terms and privacy policies.

Truked is not liable for any loss or damage arising from your use of or reliance on third-party services.

28. MOBILE APP; APP STORE TERMS

If you access or download the Service through the Apple App Store, Google Play, or any other app store, marketplace, platform, or distribution channel, your use of the Service may also be subject to the rules, policies, and terms of the applicable app-store provider. You agree to comply with all applicable app-store terms and acknowledge that those terms are between you and the applicable app-store provider, and not Truked, except to the extent expressly stated in these Terms or the applicable app-store terms.

To the extent required by the applicable app-store terms, the app-store provider is not responsible for the Service, any content available through the Service, maintenance or support services, warranties, product claims, intellectual property claims, consumer-protection claims, regulatory claims, or any other claims relating to the Service or your possession or use of the Service. Truked, and not the app-store provider, is responsible for addressing any such matters to the extent required by applicable law and these Terms.

If you downloaded the Service from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of this section to the extent required by Apple’s applicable terms, and Apple will have the right to enforce this section against you as a third-party beneficiary. Other app-store providers may also be third-party beneficiaries to the extent provided in their applicable terms.

29. SAFETY

Users are responsible for their own safety when using the Service.

Customers should ensure safe access to pickup and delivery locations, disclose relevant hazards, and avoid requesting transportation in unsafe conditions.

Drivers should comply with all safety laws and should refuse any Job that cannot be safely or lawfully performed.

Truked may suspend or terminate Accounts for unsafe conduct, credible safety complaints, suspected illegal activity, or conduct that Truked believes may pose a risk to Users, Truked, or the public.

30. DISPUTES BETWEEN CUSTOMERS AND DRIVERS

Customers and Drivers are solely responsible for resolving disputes between themselves, including disputes relating to Job performance, item condition, damage, delay, payment, cancellations, conduct, and communications, except to the extent a claim has been timely submitted through an authorized channel under Truked’s customer claims process. Submission of a claim does not require Truked to accept, approve, pay, or otherwise resolve the claim in the Customer’s favor.

Truked may, but is not obligated to, assist in resolving disputes or administer claims. Any assistance, investigation, settlement, denial or payment provided by Truked does not make Truked liable for the dispute or a party to any Customer-Driver contract.

Users agree to cooperate with Truked’s reasonable requests for information related to disputes, claims, safety issues, fraud prevention, or legal compliance.

31. ARBITRATION; DISPUTE RESOLUTION

Please read this section carefully. Except as provided below, you and Truked agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your Account, any Job, any claims process, or your relationship with Truked will be resolved by binding arbitration rather than in court.

The arbitration will be administered by the American Arbitration Association (AAA), Judicial Arbitration and Mediation Services (JAMS), or another comparable and reputable arbitration provider selected in good faith. If you/User and Truked are unable to come to an agreement regarding the selection of the administering process, Truked shall have the right to make the final determination on that issue. The arbitration will be conducted under the provider’s applicable consumer arbitration rules, except to the extent those rules conflict with these Terms.

The arbitration may be conducted by telephone, video conference, written submissions, or in person, as determined by the arbitrator in a fair and reasonably convenient manner. Truked will not require you to pay arbitration filing, administrative, or arbitrator fees materially greater than the mandatory filing fee you would have been required to pay to commence the same individual claim in a court of competent jurisdiction, excluding attorneys’ fees, service fees, motion fees, hearing fees, expert fees, discovery costs, travel expenses, or other litigation costs or expenses. Except as otherwise required by applicable law, the applicable arbitration provider’s rules, or an award of fees or costs authorized by law, each party will bear its own attorneys’ fees, costs, and expenses incurred in connection with any arbitration. Truked will pay or reimburse arbitration filing, administrative, and arbitrator fees to the extent required by the applicable arbitrator’s rules or applicable law. The arbitrator may award any individual relief available in court, including damages, statutory remedies, injunctive relief, attorneys’ fees, and costs where authorized by law. This section does not limit any substantive rights or remedies available under applicable law.

This arbitration agreement does not prevent either party from bringing an individual claim in small claims court, seeking temporary or preliminary injunctive relief in court for immediate and irreparable harm, or filing a complaint with a government agency where permitted by law.

To the fullest extent permitted by law, you and Truked agree to bring claims only on an individual basis and not as part of any class, collective, consolidated, private attorney general, or representative proceeding. If any part of this section is found unenforceable, the remaining portions will remain in effect to the fullest extent permitted by law.

32. CLASS ACTION WAIVER

To the fullest extent permitted by law, you and Truked agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your Account, any Job, any claims process, or your relationship with Truked must be brought only in an individual capacity, and not as a plaintiff, class member, or representative in any class, collective, consolidated, private attorney general, or representative proceeding.

The arbitrator may not consolidate more than one person’s claims or preside over any class, collective, consolidated, private attorney general, or representative proceeding unless both you and Truked expressly agree in writing.

If this Class Action Waiver is found unenforceable as to a particular claim or request for relief, then that claim or request for relief must proceed in court and not in arbitration, and the remaining claims will be arbitrated to the fullest extent permitted by law.

33. DISCLAIMERS

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Truked disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, availability, reliability, accuracy, and safety.

Truked does not warrant or guarantee that:

  1. the Service will be uninterrupted, secure, timely, or error-free;

  2. any Job will be Accepted, Reserved, completed, or performed satisfactorily;

  3. any Customer or Driver is reliable, qualified, insured, licensed, safe, or suitable;

  4. any item will be transported without loss, theft, damage, delay, or misdelivery;

  5. any Declared Value will be accepted, substantiated, or paid, or that any discretionary claim payment will be made under Truked’s Declared Value customer claims process;

  6. any Driver will arrive on time, Reserve a Job, or complete a Job;

  7. any Customer will provide accurate information or pay amounts owed; or

  8. any User Content is accurate or reliable.

You use the Service and interact with other Users at your own risk.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so, some or all of the above exclusions and limitations may not apply to you. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

34. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Truked and its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, licensors, service providers, successors, and assigns will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost business, loss of goodwill, loss of data, personal injury, property damage, loss of items, theft, delay, or service interruption, arising out of or relating to these Terms, the Service, any Job, or any interaction between Users, even if Truked has been advised of the possibility of such damages.

To the fullest extent permitted by law, Truked is not liable for the acts, omissions, representations, warranties, negligence, misconduct, delays, cancellations, non-performance or performance of any Customer, Driver or other third party. Customers and Drivers are solely responsible for their own conduct and for any contract, arrangement or dispute between them.

To the fullest extent permitted by law, Truked’s total liability for all claims arising out of or relating to these Terms, the Service, any Job, or any User interaction will not exceed the fees actually paid by you to Truked for your use of the Service giving rise to the claim.

Nothing in this section limits any payment that Truked, in its discretion, determines to make under the declared-value customer claims process described in these Terms or any amount actually payable under an applicable insurance policy, subject in all cases to the applicable claims procedures, policy terms, exclusions, limits, deductibles, documentation requirements, and coverage determinations. Any discretionary payment under the declared-value customer claims process is limited to the lesser of the Customer’s Declared Value for the affected items or Five Thousand Dollars ($5,000), and no such payment creates or expands Truked’s liability or constitutes insurance, carrier liability, mover liability, bailee liability, or an admission of liability.

Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, Truked’s liability will be limited to the maximum extent permitted by law.

35. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Truked and its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, licensors, service providers, successors, and assigns from and against any claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  1. your access to or use of the Service;

  2. your violation of these Terms;

  3. your violation of applicable law;

  4. your User Content;

  5. your interaction with another User;

  6. any Job you request, accept, reserve, perform, or participate in;

  7. your transportation, handling, loading, unloading, or possession of items;

  8. any personal injury, death, property damage, loss, theft, delay, non-delivery, or misdelivery caused or alleged to be caused by you;

  9. your negligence, willful misconduct, fraud, or unsafe conduct; or

  10. your violation of any third-party right.

Your indemnification obligations include claims, losses, costs, deductibles, uncovered amounts, claim expenses, and insurance-related costs arising from or relating to your conduct, omissions, breach of these Terms, inaccurate Job information, failure to provide required assistance, handling of items, unsafe conduct, or violation of applicable law, except to the extent prohibited by applicable law.

Truked reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with Truked’s defense.

36. ASSIGNMENT

You may not assign or transfer these Terms, your Account, or your rights or obligations under these Terms without Truked’s prior written consent.

Truked may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, financing, or by operation of law.

37. NOTICES

Truked may provide notices to you through the Service, by email, by posting on the website, or by other reasonable means.

You may send legal notices to Truked at:

Bobcat Technology Consultants, LLC d/b/a Truked

4030 Wake Forest Road, Ste. 349

Raleigh, NC 27609

support@truked.com

Notices will be deemed given when delivered personally, sent by confirmed email, posted through the Service, or sent by nationally recognized overnight courier or certified mail.

The notice procedures in this section do not replace the claim-submission requirements in the Customer Claims Process. Notwithstanding the foregoing, support@truked.com is an authorized claim-submission channel for cancelled or attempted Jobs, and a claim sent to that address is deemed submitted when Truked’s systems log receipt of the email.

38. FORCE MAJEURE

Truked will not be liable for any delay, failure to perform, interruption, unavailability, cancellation, loss, damage, or other harm arising from or related to events beyond Truked’s reasonable control, including severe weather, natural disasters, emergencies, road closures, transportation disruptions, labor disputes, governmental action, utility failures, telecommunications failures, cyberattacks, payment processor outages, app-store outages, mapping service failures, hosting failures, or other third-party service provider failures. Truked may suspend, modify, delay, cancel, or limit access to the Service or any Job as reasonably necessary or appropriate under the circumstances.

39. NO THIRD-PARTY BENEFICIARIES

Except as expressly stated in these Terms, including with respect to app-store providers where applicable, these Terms are for the sole benefit of you and Truked and do not create any rights, remedies, claims, or benefits in favor of any third party. No Customer, Driver, recipient, sender, property owner, insurer, app-store provider, payment processor, service provider, or other third party will be deemed a third-party beneficiary of these Terms except to the extent expressly provided in these Terms or required by applicable law.

40. NO WAIVER

Truked’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Truked.

41. SEVERABILITY

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

42. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any additional terms or policies referenced herein, constitute the entire agreement between you and Truked regarding the Service and supersede all prior or contemporaneous agreements, communications or understandings regarding the Service.

43. GOVERNING LAW

These Terms and any dispute arising out of or relating to these Terms, the Service or your relationship with Truked will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflict of law principles.

Subject to the Arbitration; Dispute Resolution section above, you agree to the exclusive jurisdiction and venue of the state and federal courts located in Mecklenburg County, North Carolina, unless applicable law requires otherwise.

44. CHANGES TO THESE TERMS

Truked may update or modify these Terms from time to time. If Truked makes material changes, Truked may provide notice through the Service, by email, or by other reasonable means.

Your continued use of the Service after updated Terms become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

45. CONTACT INFORMATION

If you have questions about these Terms, please contact Truked at:

Bobcat Technology Consultants, LLC d/b/a Truked

13016 Eastfield Road, Ste. B200-240

Huntersville, NC 28078

support@truked.com

For cargo-related claims concerning cancelled or attempted Jobs, Customers may contact Truked through in-app support chat or at support@truked.com. Claims concerning completed Jobs must be submitted through the in-app customer claims flow made available for the completed Job.