Terms of Service

Falconara Inc. · Version 2026-10-15 · Effective October 15, 2026

1. Agreement

These Terms of Service (the "Terms") govern your access to and use of the FalconaraTMS transportation management platform, the FalconEye browser extension, and related APIs and documentation (together, the "Service"), provided by Falconara Inc., a North Carolina corporation ("Falconara," "we," "us").

By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are accepting on behalf of a company, you represent that you have authority to bind that company, and "you" and "Customer" refer to that company. If you have signed an order form or pilot agreement with us, it forms part of these Terms and controls if the two conflict.

The Service is offered only to businesses. It is not intended for consumers or for personal, family, or household use. You must be at least 18 years old and legally able to enter contracts.

2. What the Service Is — and Is Not

Falconara provides cloud-hosted software that helps freight dispatchers and motor carriers manage loads, drivers, documents, billing, and operational workflows. Access is provided under a subscription license. The Service is hosted and maintained by Falconara. Falconara may also make available, free of charge, a companion browser extension that works with the hosted Service; the extension is not sold separately and is not part of the subscription fees, and it is licensed under Section 7. No copy of the hosted platform software is delivered to or installed by you.

Through the Service, Falconara:

is not a freight broker, freight forwarder, or motor carrier, and does not arrange or perform the transportation of property;
does not provide factoring, lending, or financial services;
does not process, hold, transmit, or disburse funds on behalf of Customer, carriers, drivers, shippers, or any third party;
does not act as Customer's agent in any transaction with a shipper, broker, carrier, or driver.

You are solely responsible for your own regulatory compliance, including FMCSA, DOT, hours-of-service, insurance, licensing, tax, and employment obligations, and for every rate, load, invoice, and settlement you create or send with the Service. Falconara does not provide legal, regulatory, tax, accounting, or compliance advice.

3. Accounts and Access

You are responsible for the accuracy of your registration information, for all activity under your account, and for keeping credentials confidential. Notify us promptly at security@falconara.ai of any unauthorized use.

Company identity and verification. You must register under your own company's true legal name, address, and telephone number, and give your own USDOT and MC numbers where you hold them. We may check that information against FMCSA records and other sources, contact you or the company at the details FMCSA lists, and ask for documents. Until we have verified your company, we may withhold features that act toward third parties or move data out of the Service, including emails and messages to brokers, carriers, and other contacts, bulk exports, and API access. Paying for a subscription does not by itself verify a company.

You may permit your employees, contractors, drivers, and carrier contacts ("Authorized Users") to use the Service. You are responsible for their compliance with these Terms. Each Authorized User must have their own credentials; credential sharing is prohibited.

4. Subscriptions, Trials, Fees, and Renewal

Plans and pricing. Fees are as stated on our pricing page or in your order. Unless stated otherwise, fees are quoted in U.S. dollars and billed in advance.

Seats. Plans priced per seat are billed for each admin and dispatcher user who can sign in; drivers and carrier-owner users are free, and a deactivated user does not count. Adding a seat during a billing period is charged for the rest of that period on your next invoice. Removing a seat lowers the charge from the next renewal, with no credit for the current period.

Trucks. Each plan includes a number of active trucks: fifteen (15) on Carrier Fleet, and fifteen (15) per billable seat on Dispatch Pro. Each active truck beyond the included number is billed at the per-truck price on our pricing page (currently $10 per truck per month). A deactivated truck does not count. Trucks added during a free trial are not charged during the trial; if your subscription converts, they are billed from the end of the trial. After that, adding a truck during a billing period is charged for the rest of that period on your next invoice, and removing one lowers the charge from the next renewal, with no credit for the current period.

Add-ons. Optional add-ons (for example Expenses & Fuel, Broker Intelligence, Factoring automation, and API access) are billed monthly, per account, at the prices on our pricing page; some plans include certain add-ons at no extra charge. Adding an add-on during a billing period is charged for the rest of that period on your next invoice; removing one takes effect from the next renewal, with no credit for the current period. Add-ons are available without charge during a free trial, except as stated in "Trial limits".

Free trials and pilots. If we offer you a free trial or pilot, we will tell you its length in writing or at signup. During a trial the Service is provided free of charge and "as is" (Section 11). If you have not added a payment method, the trial simply ends: we will not charge you, and your account moves to read-only access for thirty (30) days, during which you can view your data in the Service. If you added a payment method and chose a paid plan, your subscription converts to that paid plan when the trial ends and your payment method will be charged, unless you cancel before the trial ends.

Trial limits. A free trial includes the Service with these limits: 300 AI credits for the whole trial; up to three (3) admin and dispatcher users; up to twenty-five (25) automated emails to brokers, carriers and other third parties per day; up to fifty (50) documents imported in bulk; and no bulk export (CSV, accounting exports, document archives for a carrier or period) or API/MCP access. Individual documents remain downloadable. Adding a payment method and choosing a plan during the trial removes these limits immediately; you are not charged until the trial ends.

Automatic renewal. Paid subscriptions renew automatically. Your plan renews at the end of each monthly billing period and your payment method is charged the then-current fee for the next month, until you cancel.

Cancellation. You may cancel at any time from your account settings or by emailing support@falconara.ai. Cancellation takes effect at the end of the current billing period, and you keep access until then.

Refunds. Fees are non-refundable except as required by law or expressly stated in these Terms. We do not provide refunds or credits for partial periods, unused time, or downgrades.

AI credit packs. AI credit packs are one-time, prepaid purchases. Credits from a pack are used only after your plan's monthly included AI credits run out, do not expire while your account is open, have no cash value, and cannot be transferred, exchanged, or redeemed for money. AI credit packs are non-refundable, including for credits you have not used, except where a refund is required by law or the charge was a billing error (for example, a duplicate charge). Unused credits end when your account is closed or terminated. If we discontinue AI features, or terminate your account for any reason other than your breach of these Terms, we will refund the unused portion of any credit pack bought in the previous twelve (12) months. If a credit pack payment is refunded or reversed (including through a chargeback), the corresponding credits are removed from your balance.

Price changes. We may change fees on at least thirty (30) days' notice before the start of your next billing period. If you do not agree, cancel before the renewal date.

Payment processing. Payments are processed by Stripe, Inc., and by subscribing you also agree to the Stripe Services Agreement. We do not store full payment card numbers. You authorize us and Stripe to charge your payment method for all fees due.

Non-payment. If a payment fails, we may retry, suspend access after ten (10) days' notice, and ultimately terminate. You remain responsible for amounts owed. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

Taxes. Fees are exclusive of taxes. You are responsible for all sales, use, VAT, and similar taxes, excluding taxes on our net income. Where we are required to collect such taxes, they will be added to your invoice.

5. Customer Data

Ownership. As between the parties, you own all data you or your Authorized Users submit to the Service ("Customer Data"), including load, driver, carrier, broker, document, and operational records.

License to us. You grant us a non-exclusive, worldwide license to host, process, transmit, display, and otherwise use Customer Data to provide, secure, support, and improve the Service, and as otherwise permitted by these Terms and our Privacy Policy.

Your responsibility. You represent that you have all rights and consents necessary to submit Customer Data, including any personal information of drivers or other individuals, and that doing so does not violate any law or third-party right.

Aggregated Data. We may create, use, and commercialize de-identified, aggregated statistical data derived from use of the Service ("Aggregated Data") — for example lane-rate benchmarks, broker payment-behaviour indices, detention and fuel indices, and market reports — including by publishing it in the Service, in reports offered to third parties, and through a data API or licence, in each case subject to the limits below. Aggregated Data is not Customer Data and is not personal information, and we own it.

Limits on Aggregated Data. We will: (a) never disclose, sell, or licence raw Customer Data, any individual record, or any data that identifies you, your Authorized Users, your carriers, your customers, or any individual; (b) publish a statistic only where it aggregates at least five (5) distinct customers and at least twenty (20) underlying loads, suppressing or further aggregating any thinner grouping; (c) exclude the rate, margin, or counterparty terms of any single identifiable transaction; and (d) not derive Aggregated Data from the data of a customer who has opted out under the next paragraph, from the date of that opt-out forward.

Your choice. Contribution to Aggregated Data is governed by a versioned consent you accept in the Service and may withdraw at any time in your workspace settings or by writing to privacy@falconara.ai. Withdrawing does not reduce your access to the core Service, and we will tell you before any materially broader use takes effect. Aggregated Data already published or licensed before your opt-out cannot be recalled.

Data processing terms. Where we process personal information on your behalf, we do so as your service provider under our Privacy Policy. A Data Processing Addendum is available on request at privacy@falconara.ai.

Export and deletion. You may export Customer Data at any time during a paid subscription and for thirty (30) days after it ends, after which we may delete it in the ordinary course (Section 14). Bulk export and API access are not part of a free trial (Section 4, "Trial limits"); a trial that ends without a subscription keeps read-only access for thirty (30) days, after which we may delete its data.

6. Acceptable Use

You may not, and may not permit anyone to:

use the Service in violation of any law or regulation;
upload malware or interfere with the integrity or performance of the Service;
attempt to gain unauthorized access to the Service or related systems, or to another customer's data;
reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law;
resell, sublicense, or provide the Service to third parties as a service bureau, except as expressly permitted in writing;
use the Service to send unsolicited or deceptive communications, or to store or transmit infringing or unlawful material;
exceed usage limits for your plan or circumvent technical restrictions;
impersonate any person or company, or register or act under another company's name, USDOT or MC number, documents, or branding;
create, alter, or send false or fraudulent rate confirmations, invoices, bills of lading, proof-of-delivery documents, insurance certificates, or payment or banking instructions;
use the Service for double brokering, freight theft, cargo fraud, payment diversion, or any other scheme to deceive a broker, carrier, shipper, driver, factoring company, or other third party.

We may suspend access immediately if we reasonably believe your use poses a security risk, may harm the Service or other customers, or violates law.

Fraud and impersonation. If we reasonably believe an account is being used for any of the last three activities above, we may, without prior notice: suspend or terminate the account and every user in it; stop messages, exports, and API access; refuse future registrations that use the same identities, numbers, contact details, or payment methods; preserve the account's records; and report the activity, with the information we hold, to FMCSA, law enforcement, the affected parties, and their payment or factoring providers. Fees paid for an account terminated under this paragraph are not refunded. Anyone who receives a suspicious message sent through the Service can report it at app.falconara.ai/report.

7. Intellectual Property; Browser Extension

The Service, including all software, designs, documentation, and trademarks, is and remains the exclusive property of Falconara and its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription or trial, and nothing more. All rights not expressly granted are reserved.

Browser extension. We grant you a limited, revocable licence to install and use the FalconEye browser extension on devices used by your Authorized Users, solely with the Service. The extension reads pages you open in your own browser, under your own accounts, and sends the information you choose to the Service.

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free right to use them without restriction or compensation.

8. Service Availability and Support

We use commercially reasonable efforts to keep the Service available, excluding scheduled maintenance (for which we will give reasonable advance notice where practicable), emergency maintenance, and events outside our reasonable control. Unless an order form says otherwise, we do not offer service credits.

Support is available by email at support@falconara.ai, Monday–Friday, 9:00 a.m.–6:00 p.m. U.S. Eastern Time. We aim to respond within one business day.

9. Third-Party Services, Websites, and Communications

The Service may integrate with third-party services (for example load boards, accounting software, ELD providers, factoring companies, and AI model providers). Your use of those services is governed by their own terms. We are not responsible for third-party services and do not warrant them.

Third-party websites and accounts. You are solely responsible for complying with the terms of any website, load board, or account you access while using the Service or the browser extension, including any limits those terms place on copying, automation, or data use. We do not grant you any right in third-party content, and nothing in the Service authorizes you to use a third-party account you are not entitled to use.

Messages sent through the Service. The Service can send emails and notifications to brokers, carriers, drivers, and other contacts on your behalf and under your company name. You decide who is contacted and what is said, you are responsible for that content and for having any consent the law requires, and you must not use the Service to send messages that violate CAN-SPAM, the TCPA, or similar laws. We do not review, verify, or endorse the messages, documents, or payment instructions Customers send through the Service, or the identity of the Customer sending them. Messages sent through the Service identify that they were sent via FalconaraTMS on the Customer's behalf and include a way to report misuse. Recipients should confirm any request to change payment details directly with the company, using contact details from FMCSA or another independent source.

AI features. Some features use artificial intelligence to read documents, draft messages, score loads, and answer questions. AI output can be wrong or incomplete. You must review it before you rely on it, send it, or bill from it. To provide these features we send the relevant Customer Data to the AI providers listed in our Privacy Policy, under terms that do not permit them to use it to train their models.

Factoring and financial partners. At your direction the Service may transmit invoices, proof-of-delivery documents, and related load records to a factoring company or other financial partner you have selected. You authorise that transmission, you remain responsible for your agreement with that partner, and we do not become a party to it. Consistent with Section 2, we do not receive, hold, or disburse the funds involved.

Referral compensation. We may receive a referral fee, commission, or revenue share from a factoring company, fuel-card issuer, insurer, or similar partner if you open an account with them through us. Where that is the case we will say so at the point we make the referral. A referral is not advice and is not a representation that the partner offers the best available terms for you.

10. Confidentiality

Each party will protect the other's non-public information disclosed in connection with the Service using at least reasonable care, and will use it only to perform under these Terms. This does not apply to information that is public through no fault of the recipient, independently developed, or rightfully received from a third party. Disclosure required by law is permitted with prompt notice where lawful.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FALCONARA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that it will meet your requirements.

No responsibility for other users or third parties. Falconara does not verify, vouch for, or guarantee any Customer, carrier, broker, shipper, driver, load, rate, invoice, document, or payment instruction, including companies we have verified, which means only that their registration matched public records when we checked. Falconara is not responsible for fraud, impersonation, theft, or other misconduct by Customers, their users, or third parties, or for any loss from relying on, paying, or acting on a message, document, or instruction sent through the Service. Our verification, reporting, and blocking measures reduce misuse but do not prevent it. You are responsible for verifying the accuracy of any data, calculation, invoice, settlement, or AI output before relying on it for dispatch, compliance, safety, payroll, billing, or financial decisions.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

FALCONARA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100).

These limitations do not apply to your payment obligations, your indemnification obligations, either party's liability for fraud, willful misconduct, or gross negligence, or any liability that cannot be limited by law.

13. Indemnification

By you. You will defend, indemnify, and hold harmless Falconara from third-party claims arising out of (a) Customer Data, (b) your use of the Service in violation of these Terms or law, (c) your transportation, dispatch, brokerage, or employment activities, (d) messages sent through the Service at your direction, or (e) your regulatory non-compliance or breach of a third party's terms.

By us. We will defend you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes a U.S. intellectual property right, and will pay resulting damages finally awarded. This does not apply to claims arising from Customer Data, modifications not made by us, or combination with materials not provided by us. If the Service becomes subject to such a claim, we may procure the right to continue, modify the Service, or terminate and refund prepaid unused fees.

Indemnification is conditioned on prompt notice, sole control of the defense, and reasonable cooperation.

14. Term and Termination

These Terms begin when you first accept them and continue until all subscriptions and trials have expired or been terminated.

Either party may terminate for material breach not cured within thirty (30) days after written notice. We may terminate or suspend immediately for non-payment beyond the cure period, violation of Section 6, or if required by law.

On termination your access ends and you must pay all amounts accrued. You may export Customer Data for thirty (30) days afterwards, after which we may delete it; backups are purged on our standard rotation. Sections 5 (ownership, Aggregated Data, export), 7, 10, 11, 12, 13, 15, and 16 survive.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

The parties will first attempt in good faith to resolve any dispute through negotiation for thirty (30) days. Any dispute not so resolved will be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Charlotte, North Carolina, and conducted in English. Judgment may be entered in any court of competent jurisdiction. Either party may seek injunctive relief in court to protect intellectual property or confidential information.

Claims will be brought only in an individual capacity, and not as a plaintiff or class member in any class or representative proceeding.

16. General

Changes. We may modify these Terms. We will give at least thirty (30) days' notice of material changes by email or in-product notice, and may ask you to accept the new version in the Service. If you do not agree, cancel before the effective date.

Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all assets. We may assign freely.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

Entire agreement; severability; waiver. These Terms, any signed order form or pilot agreement, and the Privacy Policy are the entire agreement between us and supersede prior agreements on their subject. If any provision is unenforceable, the rest remains in effect. Failure to enforce is not a waiver.

Relationship. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.

Export and sanctions. You represent that you are not located in, or a national of, any country subject to U.S. embargo, and are not on any U.S. restricted-party list.

Notices. Notices to you may be sent to the email address on your account. Notices to us: legal@falconara.ai, with a copy by mail to Falconara Inc., 2456 Stoney Run Dr, Oakboro, NC 28129.

Contact · Falconara Inc. · 2456 Stoney Run Dr, Oakboro, NC 28129 · support@falconara.ai