Terms of service

Who we are and what these terms cover

Harbor TMS is software for freight brokerages, provided by Harbor TMS LLC ("we", "us"). These terms are an agreement between us and the business that signs up ("you", "your company"). They cover the Harbor TMS web application, its customer and carrier portals, and any support we give.

By creating an account, starting a trial or using the service, you agree to these terms on behalf of your company, and you confirm you are allowed to do so.

Your account

You must give accurate company and contact details and keep them up to date. Your admin decides who in your company gets access and what each person can do.

You are responsible for everything done under your account, and for keeping passwords and two-factor codes safe. Tell us at once if you think someone has got in without permission.

The service is for businesses. It is not meant for personal or household use.

Free trial, plans and payment

New accounts start with a free trial for the length shown when you sign up. No card is needed during the trial. If you do not choose a paid plan by the end of it, your account may become read-only or be suspended.

Paid plans are billed monthly in advance, in US dollars, at the price shown for the plan when you subscribe. Prices exclude taxes, which you pay where they apply. We may change prices with at least 30 days’ notice; the change applies from your next billing period.

If a payment fails we will tell you and try again. If it is still unpaid after a reasonable time, we may limit the account to read-only or suspend it until it is paid.

You can cancel at any time. Cancelling stops future charges; we do not refund part-months unless the law requires it.

Your data

Everything your company puts into the service (loads, customers, carriers, invoices, documents and the rest) belongs to you. You give us permission to store, process and display it only to run the service for you, keep it secure, and support you.

You can export all of your data at any time from the account page while your account is open or closing.

You are responsible for the data you enter and for having the right to use it, including personal details of your own customers, carriers and staff.

How we handle personal information is explained in our privacy policy.

Acceptable use

Do not use the service to:

• break any law or regulation, including transportation, export and sanctions rules;
• send spam or messages people did not agree to receive;
• upload anything malicious, or try to get into accounts, data or systems that are not yours;
• overload, scrape or reverse-engineer the service, or resell it without our written agreement.

We may suspend access that puts the service or other customers at risk. Where we reasonably can, we will tell you first.

Freight business stays yours

Harbor TMS is a tool. It does not broker, carry or insure freight, and it is not a party to any shipment, rate confirmation or invoice you create with it.

Checks the software runs for you (for example carrier authority, insurance or credit limits) help you follow your own procedures; they do not replace your own judgement or your obligations under FMCSA rules and your contracts. Information from outside sources such as government databases is shown as received, and may be incomplete or out of date.

Availability and changes

We work to keep the service available and your data backed up, but we do not promise it will never be interrupted. We may carry out maintenance, and will try to do so outside US business hours.

We improve the service over time and may change or remove features. We will not make a change that substantially reduces the core service you pay for during a paid period without telling you.

Closing your account

Your admin can close the account from the account page. Your team loses access straight away, any paid subscription is cancelled, and for 30 days the admin can change their mind. After 30 days your data is permanently erased from the live service. Backups age out on their normal schedule.

We may close an account that seriously or repeatedly breaks these terms, or that stays unpaid after notice. Unless the law or a security risk prevents it, we will give you a chance to export your data first.

Warranties and liability

Apart from what these terms say, the service is provided "as is", without other warranties, to the extent the law allows.

Neither side is liable to the other for indirect or consequential losses, such as lost profits, lost business or lost data that could have been avoided by exporting it. Our total liability for any claim relating to the service is limited to the amount you paid us in the 12 months before the claim. Nothing here limits liability that cannot be limited by law.

You will cover us against claims from third parties arising from the data you put into the service or from your use of it in breach of these terms.

General

These terms are governed by the laws of the State of Texas, and any dispute goes to the state or federal courts there, unless the law where you are says otherwise.

We may update these terms. If a change is material, we will tell your admin by email or in the app at least 30 days before it applies. Continuing to use the service after that means you accept the new terms.

If any part of these terms cannot be enforced, the rest still applies. You may not transfer your account without our agreement; we may transfer these terms as part of a sale or reorganisation of our business.

Questions about these terms: support@harbortmss.com.