Terms

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Effective Date: July 17, 2025
Legal Entity: CargoGuard, INC. (dba “Fenderr”)
Website: https://www.fenderr.com

1. Acceptance of Terms

These Terms and Conditions (“Terms”) are a legally binding agreement between you (“you,” “your,” or “User”) and CargoGuard, INC. (“Company,” “Fenderr,” “we,” or “us”) and govern your access to and use of the Fenderr website, mobile application, products, and services (“Services”).

By registering an account, clicking “Accept,” or using any part of our Services, you agree to be bound by these Terms, our Privacy Policy, and any incorporated agreements. If you do not agree, do not access or use our Services.

2. Description of Services

Fenderr provides a mobile-first transportation management system (TMS) for small fleets and owner-operators. Features include:

• Secure load creation (manual or from uploaded PDFs)
• One-tap mobile dispatch
• Encrypted document storage
• Integrated factoring and fuel discounts via partner programs
• Real-time profit analytics
• Optional QuickBooks sync (coming soon)
• Commission/referral programs for CDL schools and partners

3. User Eligibility and Registration

You must be at least 18 years old and legally authorized to operate a commercial trucking business in the U.S. By registering, you represent and warrant that the information you provide is accurate and complete.

You are responsible for maintaining the confidentiality of your login credentials. You agree not to share your account or allow unauthorized use.

4. Subscriptions, Billing & Cancellation

A. Free and Paid Plans

• Starter Plan: Free forever when using Fenderr’s fuel or factoring partner programs
• Pro Plan: $15/user/month (waived with fuel or factoring enrollment)
• Enterprise Plan: $399/month for 20 trucks ($199/month with fuel or factoring)

B. Billing Terms

• Payment is processed monthly or annually via ACH or credit card.
• Failed payments may incur retry or processing fees.
• No refunds for partial billing periods unless explicitly promised under promotions (e.g., 5-minute setup guarantee or savings refund pledge).

C. Cancellation

You may cancel anytime in your dashboard. Your subscription will remain active through the end of the billing period. You are responsible for fees incurred prior to cancellation.

5. Use of Services & Prohibited Conduct

You agree to:

• Use the Services for business purposes only
• Not resell, reverse-engineer, or misuse the platform
• Not upload viruses, spam, or illegal content
• Only share documents and data that you have legal permission to share

Any violation may result in account suspension or termination.

6. Data Collection and Third-Party Sharing

As outlined in our Privacy Policy, we collect:

• Personal and business information you provide
• Usage and transactional data
• Device and location data (with consent)

We share data only:

• With factoring and fuel partners (when you enroll)
• With integrated tools like QuickBooks (when enabled)
• With referral partners for commission tracking
• With service providers (e.g., hosting, email delivery)
• As legally required or in the event of a business transfer

7. Document Handling & Communications

You agree that:

• Uploaded documents may be parsed, stored, and used for invoicing or analytics
• Dispatch instructions may be delivered via SMS or email links
• You are responsible for ensuring your contacts have consented to receive such messages
• Email and SMS notices from Fenderr constitute official service communications

8. Intellectual Property

All content, features, tools, and software are owned by CargoGuard, INC. or its licensors. You are granted a limited, non-exclusive license to use the Services for your internal business purposes.

You may not reproduce, modify, reverse-engineer, or distribute any part of the platform without written permission.

9. Fuel and Factoring Programs

A. Fuel Savings

Fuel cards may save an average of $0.50/gal depending on location and volume. Use is subject to third-party terms.

B. Factoring Services

• Primary partner: Integrity Factoring
• Introductory rate: 1.9% for 6 months
• Funding cut-off: 11:00 a.m. MST for same-day payment
• Rates vary by volume: 2.9% to 1.75%

Fenderr is not responsible for partner delays or disputes. By submitting your contact details, you consent to sharing data with the partner.

10. Security & Disclaimers

Fenderr uses TLS encryption, and document vaults to protect your data. However, no system is 100% secure.

Disclaimer: THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. We do not guarantee uninterrupted access, accuracy of analytics, or future availability of features.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FENDERR SHALL NOT BE LIABLE FOR:

• LOST PROFITS, DATA, OR OPPORTUNITIES
• INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
• FRAUDULENT USE OF FUEL OR FACTORING ACCOUNTS

In any case, our total liability will not exceed the amount you paid us in the 12 months prior to the claim.

12. Indemnification

You agree to indemnify and hold harmless Fenderr, its affiliates, officers, and partners from any claims, damages, or costs arising out of:

• Your misuse of the Services
• Your breach of these Terms
• Disputes related to third-party integrations

13. Termination

We reserve the right to suspend or terminate your access at any time for violation of these Terms. You may terminate by ceasing use and deleting your account.

Termination does not release you from outstanding obligations.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware. Any dispute shall be resolved via binding arbitration under the rules of the American Arbitration Association. Venue shall be in Newport Beach, CA unless mutually agreed otherwise.

15. Updates and Modifications

We may update these Terms at any time. Updates will be posted on our Website and/or communicated via email. Continued use of the Services after an update constitutes acceptance.

16. Contact Information

CargoGuard, INC. (Fenderr)
4000 MacArthur Blvd Suite 600
Newport Beach, CA 92660
Email: legal@fenderr.com

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