Motor Carrier Platform Participation Agreement

“Platform” means TruckER's website, applications, databases, support tools, and related services. “Business” or “Shipper” means a customer posting a transportation opportunity. “Driver” means an individual driver, including a Carrier roster driver. “Opportunity” means a proposed shipment or delivery. “Transportation Services” means carriage, pickup, transit, delivery, cargo handling, and related services performed by Carrier.

This Agreement supplements the Terms of Service and Privacy Policy. This Agreement controls for Carrier-specific participation if terms conflict. A Business and Carrier may also enter shipment-specific terms; TruckER is not a party to those terms unless TruckER signs them separately.

TruckER supplies technology for account setup, qualification-based discovery, requests, selection, assignment records, status tracking, proof of delivery, and related support. TruckER is not a motor carrier, freight forwarder, employer, staffing agency, insurer, payroll provider, escrow provider, warehouseman, or guarantor of any user.

Carrier is an independent business and retains exclusive control over its operations, personnel, routes, equipment, methods, acceptance or rejection of opportunities, and performance of Transportation Services. Neither party may bind the other. TruckER does not dispatch Carrier, hire or fire Carrier personnel, determine driver compensation, or control the manner and means of transportation. No Platform description or contract label overrides how the parties actually operate or any classification required by law.

Each accepted shipment is a direct commercial arrangement between Carrier and the Business. TruckER does not take possession of cargo, issue a bill of lading as carrier, guarantee payment, guarantee capacity, or assume Carrier's transportation obligations. Carrier must promptly tell TruckER if a Platform workflow could cause unlawful brokerage, dispatch, agency, employment, or carrier conduct and must not use that workflow until resolved.

Carrier must provide accurate, complete, current information, protect each individual login, use role-based access, and promptly remove access for former personnel. Shared credentials are prohibited. The accepting owner represents that Carrier is duly organized, in good standing where required, and authorized to enter this Agreement.

Carrier must maintain every federal, state, local, port, airport, hazardous-material, and other registration, permit, license, operating authority, process-agent filing, tax registration, and credential required for each service it performs, including an active USDOT number and any required FMCSA operating authority. Carrier may not request, accept, assign, or perform an Opportunity while authority is inactive, suspended, revoked, out of service, or otherwise insufficient.

Carrier must maintain insurance and financial responsibility required by law and appropriate to its operations and cargo, including automobile liability, commercial general liability, cargo, workers' compensation or occupational accident coverage, and any additional shipment-specific coverage. Carrier must ensure that coverage applies to each driver, vehicle, commodity, territory, and service.

Carrier will provide certificates, endorsements, and other reasonable evidence; notify TruckER and affected Businesses promptly of cancellation, lapse, reduction, reservation, or material change; and never use Platform verification as a substitute for reading its policy. TruckER's review does not certify coverage or waive Carrier's obligations.

Carrier is solely responsible for recruiting, employing or contracting with, compensating, supervising, training, dispatching, and disciplining its drivers and for all payroll, taxes, benefits, workers' compensation, unemployment, labor, immigration, and classification obligations. A roster invitation or Platform account does not create an employment relationship with TruckER or a Business.

Before assignment and throughout service, Carrier must confirm each driver is properly licensed and qualified; medically certified where required; permitted for the vehicle, cargo, route, endorsements, and jurisdiction; and not prohibited or out of service. Carrier is responsible for driver qualification files, motor-vehicle records, required inquiries, drug and alcohol programs and Clearinghouse duties, hours-of-service and ELD compliance, training, supervision, and all other applicable safety requirements. Carrier must not coerce or allow unsafe or unlawful operation.

Carrier must use safe, roadworthy, properly registered, inspected, maintained, and insured equipment suitable for the shipment. Carrier is responsible for systematic inspection, repair, maintenance, defect correction, required records, and pre-trip and post-trip duties. Platform vehicle status is an administrative record, not a mechanical inspection.

Carrier must confirm cargo description, weight, packaging, handling, securement, temperature, hazardous-material requirements, permits, route limits, and pickup and delivery instructions before performance. Carrier may decline any unsafe, inaccurate, unlawful, or inadequately compensated Opportunity. Carrier must comply with bills of lading, shipping documents, seal controls, cargo securement rules, and applicable food, hazardous-material, sanitation, customs, or special-commodity requirements.

An Opportunity is an invitation to review—not a guarantee, dispatch order, or binding offer from TruckER. Carrier must independently evaluate all terms. Carrier requests through the company account. If selected, Carrier must assign an accepted, individually eligible roster driver and an eligible Carrier vehicle as required by the Platform and must obtain the driver's informed acceptance of the work.

Carrier must record assignment changes, provide a truthful reason, recheck eligibility, and communicate material changes to the Business. Carrier may not substitute another carrier, broker, re-broker, double-broker, co-broker, assign, or subcontract Transportation Services without the Business's prior written authorization and all legally required authority and disclosure.

Carrier matching and requests are disabled during pre-launch. Instant Book is not available to motor carriers and may not be represented as available. Only a deliberate server-side activation for an approved pilot may open carrier requests.

TruckER charges Carrier $0 in Platform fees and takes 0% of Carrier's agreed transportation pay under the current founding model. Carrier and the Business agree directly on transportation compensation and payment terms. Carrier keeps 100% of the transportation amount it agrees to receive, subject to its own expenses, taxes, chargebacks, claims, and private agreement.

TruckER does not collect, hold, escrow, transmit, guarantee, or settle Carrier pay. Carrier bears counterparty credit and collection risk and must invoice and collect directly unless a later, separately disclosed payment service is activated. Carrier is responsible for taxes, tolls, fuel, permits, wages, equipment, insurance, accessorials, and operating costs. A Business may owe TruckER a separate completed-match platform fee; that does not reduce Carrier's agreed transportation pay.

Carrier must provide accurate and timely pickup, transit, delay, exception, delivery, and proof-of-delivery records without falsification. Carrier must immediately notify the Business and TruckER of accidents, injuries, cargo loss or damage, theft, contamination, spills, citations, out-of-service orders, cybersecurity incidents, expected material delay, authority or insurance problems, or other significant events.

Carrier remains responsible for cargo and third-party claims to the extent provided by law and the shipment contract. Carrier will preserve evidence, cooperate with lawful investigations and claims, and not admit liability on another party's behalf. TruckER may preserve Platform records and assist communication but does not adjust or insure transportation claims.

Carrier authorizes TruckER to verify submitted information through government and authorized third-party sources and to request updated records. Carrier must maintain legally required records for the required period and provide reasonably requested evidence related to eligibility, safety, an incident, a dispute, or compliance. TruckER may approve, deny, request information, suspend, expire, or revoke Platform verification at any time.

A TruckER badge means only that specified information passed TruckER's process at a particular time. It is not a government endorsement, safety rating, insurance opinion, legal opinion, warranty, or promise of continuing eligibility. Carrier must report changes promptly and may not misstate Platform verification.

Carrier may not provide false records; impersonate another person or carrier; share credentials; evade a suspension; conceal authority, safety, insurance, driver, vehicle, ownership, control, or incident information; discriminate unlawfully; harass or retaliate; manipulate ratings; scrape or reverse engineer the Platform; introduce malware; misuse personal information; use the Platform for unlawful cargo; or pressure any user to violate safety rules.

Carrier may not claim that TruckER guarantees, employs, dispatches, certifies, insures, endorses, or partners with Carrier. Carrier will not use TruckER's name or marks in advertising without written permission.

Carrier may use Business, driver, route, document, and contact information only to evaluate and perform authorized services, comply with law, and resolve related claims. Carrier must limit access, secure records, honor privacy rights, notify TruckER promptly of unauthorized access, and delete or return information when no longer lawfully needed.

Nonpublic Platform, Business, driver, pricing, security, and operational information is confidential. Carrier may disclose it only to personnel who need it and are bound to protect it, or as legally required after notice when permitted. TruckER handles Platform information under the Privacy Policy. Private carrier documents are not public marketplace content.

TruckER and its licensors own the Platform, software, branding, designs, documentation, and aggregated or de-identified analytics. Subject to compliance, TruckER grants Carrier a limited, revocable, nonexclusive, nontransferable license to use the Platform for Carrier's internal participation. Carrier grants TruckER the rights reasonably necessary to host, process, display, and transmit Carrier content and to use feedback without restriction, while Carrier retains ownership of its lawful content.

Either party may stop future Platform participation. TruckER may restrict or suspend access immediately for suspected safety, fraud, security, legal, authority, insurance, identity, payment, conduct, or verification risk; an out-of-service condition; inaccurate information; breach; or protection of users or the Platform. TruckER may require corrective information before reinstatement and may preserve access needed for open services, claims, audits, or legal obligations.

Termination does not cancel obligations for accepted Transportation Services or affect accrued rights. Provisions concerning payment, taxes, records, confidentiality, intellectual property, disclaimers, claims, indemnity, limits, disputes, and general terms survive.

To the maximum extent permitted by law, the Platform is provided “as is” and “as available.” TruckER disclaims warranties of merchantability, fitness for a particular purpose, title, noninfringement, uninterrupted operation, accuracy, security, demand, capacity, earnings, payment, safety, qualifications, legal compliance, cargo condition, or any particular match. Carrier relies on its own diligence and professional advice.

To the maximum extent permitted by law, Carrier will defend, indemnify, and hold harmless TruckER and its affiliates, personnel, and service providers from third-party claims, losses, penalties, damages, liabilities, judgments, and reasonable legal costs arising from Carrier's Transportation Services; cargo; vehicles; drivers or personnel; employment or classification; taxes; authority, insurance, safety, or legal noncompliance; content; privacy or security breach; bodily injury, death, or property damage; or breach of this Agreement, except to the extent finally caused by the indemnified party's gross negligence or willful misconduct.

To the maximum extent permitted by law, TruckER will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; lost profits, revenue, goodwill, opportunities, or data; cargo loss; bodily injury; substitute transportation; or another user's conduct. TruckER's aggregate liability arising from this Agreement will not exceed the greater of $100 or Platform fees Carrier paid TruckER during the six months before the event—which are currently $0.

The limit does not apply where prohibited by law or to liability that cannot legally be limited. It does not limit Carrier's payment obligations, transportation responsibility, indemnity, confidentiality or data-security duties, fraud, willful misconduct, intellectual-property misuse, bodily injury, death, cargo or property damage, or legal violations.

This Agreement is governed by Washington law, without regard to conflict-of-law rules, except where federal transportation law controls. Before filing a claim, the parties will provide written notice and attempt in good faith for 30 days to resolve it through authorized representatives. Unless applicable law requires otherwise, state and federal courts located in King County, Washington have exclusive jurisdiction and venue.

This section must be reviewed with transportation counsel before live matching. Nothing prevents either party from seeking emergency injunctive relief, reporting to regulators, preserving lien or cargo-claim rights, or using another remedy that cannot lawfully be waived.

Carrier consents to electronic contracting, signatures, disclosures, notices, and records. Acceptance records may include the Agreement version, signer, title, account, carrier, date and time, authority affirmation, and technical audit information. Operational notices may be sent through the Platform or to account contact information. Legal notices must use the addresses identified in the final launch version. Carrier must keep contacts current.

Carrier may not assign this Agreement or transfer its account, authority, or obligations without TruckER's written consent; a change of control must be disclosed. TruckER may assign this Agreement in connection with a reorganization, financing, merger, or sale. Carrier may not rely on waiver unless written. Invalid terms will be enforced to the maximum lawful extent and separated without invalidating the rest.

Headings are for convenience. “Including” means without limitation. This Agreement and incorporated policies are the entire agreement on Carrier's Platform participation and replace prior discussions on that subject. TruckER may update terms prospectively with notice and renewed acceptance when material. No amendment authorizes past conduct that was unlawful. There are no third-party beneficiaries except indemnified parties.

By accepting, the signer affirms that they have read this Agreement; are authorized to bind Carrier; provided accurate information; understand TruckER's limited Platform role; understand Carrier bears all motor-carrier, safety, personnel, equipment, cargo, insurance, tax, and payment responsibilities; understand Carrier pays $0 in current TruckER platform fees; and understand pre-launch acceptance does not activate matching or guarantee work.

The signer further acknowledges that Carrier maintains one company account per USDOT number; that each owner, manager, dispatcher, billing user, viewer, and company driver uses their own secure login and that shared credentials are prohibited; that Carrier receives its own Carrier Reliability Score separate from every individual driver's reliability score, never presented as a driver's score and never calculated by copying or averaging driver scores, displayed as “Not yet rated” until Carrier completes qualifying deliveries; and that Carrier follows the normal load-board workflow of reviewing the posted opportunity and terms, requesting or accepting through the company account when enabled, independently evaluating the load, assigning an eligible company driver and vehicle, performing the transportation services, updating delivery status, and providing proof of delivery.

Before live launch, TruckER will replace placeholder entity, address, notice, and contact details with the final legal information and may require Carrier to accept a counsel-approved version.