Legal
Please read these terms carefully before using the Smart Expedite platform.
IMPORTANT — PLEASE READ CAREFULLY. By accessing or using the Smart Expedite platform — including our website, mobile applications, carrier portal, or shipper portal — you agree to be legally bound by these Terms of Service. If you do not agree, do not use the Platform.
These Terms of Service (“Terms”) form a legally binding agreement between you (“User,” “Shipper,” “Carrier,” or “you”) and Smart Expedite Inc., an Illinois corporation (“Smart Expedite,” “Company,” “we,” “us,” or “our”). Smart Expedite provides a technology platform to facilitate freight transactions and, where applicable, may arrange transportation under its FMCSA broker authority. Smart Expedite does not act as a motor carrier and does not take possession of cargo.
By creating an account, clicking “I Agree,” accessing the Platform, or using any Smart Expedite service, you represent that you: (a) have read and understood these Terms and our Privacy Policy; (b) are at least 18 years of age; (c) have the legal authority to enter into binding agreements on behalf of yourself or your organization; and (d) agree to be bound by these Terms.
These Terms incorporate by reference our Privacy Policy and Fee Schedule, each of which may be updated from time to time. Together, these documents constitute the entire agreement between you and Smart Expedite regarding your use of the Platform.
Smart Expedite operates a technology-first freight marketplace that provides software tools, AI-powered load matching, geofencing-based shipment verification, real-time tracking, digital documentation, and carrier performance analytics. Smart Expedite is not responsible for the acts, omissions, or performance of any Carrier.
Smart Expedite’s core operating principle is radical transparency. Shippers see exactly what they pay. Carriers see exactly what they earn. Platform fees are fully disclosed to all parties before any transaction is confirmed. Hidden markups are prohibited by platform design.
To create and maintain an account on the Platform, you must: (a) be at least 18 years of age; (b) have legal authority to enter into binding contracts on behalf of yourself or your company; (c) provide accurate, current, and complete registration information and keep it up to date; and (d) not have been previously suspended or terminated from the Platform.
To register and remain active as a Carrier on the Platform, you must: (a) maintain all registrations and operating authority required for your operations (including an active USDOT number and/or MC operating authority, when applicable), and remain verifiable through FMCSA/SAFER where applicable; (b) operate cargo vans or box trucks up to 26 feet in length; (c) maintain commercial auto liability and cargo insurance meeting or exceeding applicable federal and state minimums and any shipper-specific requirements; (d) remain in good standing with applicable federal and state transportation laws and safety regulations; and (e) pass Smart Expedite’s carrier onboarding and ongoing verification process.
Smart Expedite may restrict or deactivate Carriers that fail verification, lose required authority or insurance, or otherwise cease to meet the Carrier Eligibility requirements.
To register as a Shipper, you must provide accurate business information, a valid billing method, and agree to the shipper-specific rate confirmation process outlined in these Terms.
AI Smart Matching: Automated load-to-carrier matching based on location, capacity, performance ratings, and availability.
Real-Time Tracking: GPS-based shipment visibility from pickup to delivery.
Geofencing Verification: Automated detention clock activation and delivery verification at shipper and consignee facilities.
Digital Rate Confirmation: Legally binding, electronically executed rate confirmation documents.
Carrier Performance Analytics: Historical performance data, on-time delivery rates, and reliability scoring.
Automated Documentation: Bill of lading generation, proof of delivery capture, and secure document storage.
QuickPay (48-Hour): Accelerated carrier payment processed within 48 hours of confirmed delivery. An additional fintech fee applies. Current rates are published in the Fee Schedule.
Same-Day Pay: Carrier payment processed on the same day as confirmed delivery. An additional fintech fee applies.
Shipper Financing: Extended payment terms for qualified shippers, facilitated through Smart Expedite’s embedded lending partner(s), subject to partner availability and a separate lending agreement.
Premium tools — including advanced analytics, priority matching, dedicated account support, and API access — are available under separate SaaS subscription agreements with their own applicable terms and fees.
The Platform integrates with third-party service providers, including payment processors and lending partners. Your use of those services is also subject to their respective terms and privacy policies. Smart Expedite is not responsible for the availability, accuracy, or conduct of any third-party service provider.
Smart Expedite charges a transparent, disclosed platform fee on each completed transaction. Fees are assessed on both the shipper side and the carrier side, with applicable minimums per shipment. All fees are fully disclosed to both parties before any transaction is confirmed.
Current platform fees, minimums, and fintech service fees are published in the Fee Schedule, available at www.smartexpedite.com/fees and within the Platform dashboard. Fee changes apply only to bookings created on or after the effective date of any update, with at least fourteen (14) days’ advance notice.
Before confirming any transaction both parties see the full rate breakdown — what the Shipper pays, what the Carrier earns, and Smart Expedite’s platform fee. There are no hidden fees or post-confirmation adjustments.
(a) Carrier payments are processed via Smart Expedite’s payment processing partner. Standard payment timing is net-15 business days from confirmed proof of delivery, unless a QuickPay option is elected.
(b) Shipper payments are due at the time of booking confirmation unless shipper financing terms have been separately arranged.
(c) Platform fees are non-refundable once the Carrier has taken possession of the freight, except where Smart Expedite cancels the load due to safety, fraud, or carrier default.
Payment disputes must be submitted in writing through the Platform within ten (10) business days of the transaction date. Smart Expedite will investigate and respond within ten (10) business days of receiving the dispute.
By registering as a Carrier and using the Platform, you expressly consent to the collection of real-time GPS location data from your device in the following circumstances:
When your account status is set to “Available,” the Platform collects your location to enable AI-powered load matching within your serviceable radius. You may stop location sharing at any time by setting your status to “Unavailable.”
While a load is in progress, the Platform collects your location for shipment tracking, shipper visibility, geofencing-based detention clock activation, automated proof of delivery verification, and platform safety and fraud prevention. Intentionally disabling GPS tracking during an active load constitutes a breach of these Terms.
Location data is not collected when your status is set to Unavailable and no load is in progress. Location data is handled in accordance with our Privacy Policy.
By operating as a Carrier on the Platform, you agree to: (a) maintain all registrations, operating authority, and insurance required for your operations at all times; (b) accept only loads you have the legal capacity, proper equipment, and confirmed availability to complete; (c) comply with all applicable federal and state transportation regulations; (d) provide accurate real-time location data while a load is in progress; (e) capture and upload signed proof of delivery upon completion of each shipment; (f) notify Smart Expedite immediately of any delay, breakdown, accident, or incident; (g) not re-broker, subcontract, or assign any load without prior written consent; (h) not contact Shippers or consignees directly to circumvent the Platform; (i) maintain the confidentiality of all Shipper and consignee information; (j) operate as an independent contractor.
By using the Platform as a Shipper, you agree to: (a) provide accurate freight descriptions, dimensions, weight, and handling requirements prior to booking; (b) ensure freight is legal, properly packaged, and ready for pickup; (c) not list or tender hazardous materials through the Platform without express written authorization; (d) disclose any oversized or overweight requirements; (e) have authorized personnel available at pickup and delivery locations; (f) pay all confirmed rates and platform fees in full and on time; (g) not circumvent Smart Expedite by directly contracting with any Carrier introduced through the Platform for twelve (12) months after introduction.
Smart Expedite does not act as a motor carrier and does not assume liability for freight loss, damage, or delay. Cargo liability rests with the operating Carrier under applicable federal law and the Carrier’s cargo insurance.
Step 1 — Document at Delivery. Note visible damage or shortage on the delivery receipt at the time of delivery and take photographs.
Step 2 — Submit Claim Promptly (9-Month Outer Deadline). Submit a written cargo claim through the Platform as soon as reasonably possible and no later than nine (9) months from the delivery date.
Step 3 — Carrier Response. The Carrier must acknowledge the claim within thirty (30) days and resolve it within one hundred twenty (120) days in accordance with federal claims-processing rules (49 CFR Part 370).
Step 4 — Platform Assistance. Smart Expedite may facilitate communication between the parties but does not adjudicate cargo claims and is not liable for the outcome.
The following activities are strictly prohibited on or in connection with the Platform:
11.1 Misrepresentation and Fraud. Submitting false, misleading, or incomplete information.
11.2 Unauthorized Brokering and Re-Tendering. Double-brokering, unauthorized co-brokering, re-tendering, or otherwise transferring a shipment to a third party without authorization.
11.3 Illegal or Prohibited Freight. Using the Platform to transport illegal goods, contraband, stolen property, or undisclosed regulated materials.
11.4 Abusive Conduct. Harassment, threats, discrimination, retaliation, or abusive conduct toward any User or Smart Expedite personnel.
11.5 Circumvention. Attempting to bypass the Platform’s payment flows, fee structure, verification procedures, or non-circumvention restrictions.
11.6 Unauthorized Access. Accessing the Platform in an unauthorized manner; using bots, scrapers, or similar tools except as expressly permitted.
11.7 Reverse Engineering. Reverse engineering, decompiling, or attempting to derive source code or non-public functionality of the Platform.
11.8 Copying and Derivative Works. Copying, reproducing, distributing, or creating derivative works from any portion of the Platform.
11.9 Data Extraction. Extracting, harvesting, or reusing Platform data for any off-Platform purpose.
11.10 AI and Machine Learning Restrictions. Using any Platform Content to build, train, or improve any AI/ML system without Smart Expedite’s prior written consent.
11.11 Proprietary Notices. Removing or altering any copyright, trademark, or proprietary notices.
11.12 Manipulation. Creating multiple accounts, falsifying ratings, or manipulating Platform metrics.
11.13 Unlawful Conduct. Any activity that violates applicable law, regulation, or court order.
Smart Expedite may investigate suspected violations, suspend or terminate access, remove content, and seek injunctive relief, damages, and other remedies available at law or in equity.
12.1 Ownership. Smart Expedite exclusively owns all rights, title, and interest in and to the Platform and all associated technology and materials (collectively, the “Smart Expedite IP”).
12.2 No Implied Rights. Except for the limited right to access and use the Platform as expressly permitted, no license or other rights are granted.
12.3 Feedback. If you provide suggestions or feedback regarding the Platform, Smart Expedite may use them without restriction or obligation.
12.4 User Content License. You retain ownership of content you submit. You grant Smart Expedite a non-exclusive, worldwide, royalty-free license to use User Content solely to provide and operate the Platform.
13.1 Confidential Information. Any non-public information disclosed by one party to the other in connection with the Platform that a reasonable person would understand to be confidential.
13.2 Obligations. The Receiving Party will use Confidential Information only as necessary, protect it using at least reasonable care, and not disclose it to third parties except as permitted.
13.3 Exclusions. Information that is publicly available, was previously known, lawfully received from a third party, or independently developed.
13.4 Compelled Disclosure. If disclosure is required by law, the Receiving Party will provide prompt notice and cooperate to seek protective treatment.
13.5 Survival. Confidentiality obligations survive termination for three (3) years from disclosure, except trade secrets which remain protected as long as they qualify under applicable law.
THE SMART EXPEDITE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SMART EXPEDITE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
Smart Expedite will use commercially reasonable efforts to maintain Platform availability but does not guarantee any specific uptime level. Smart Expedite is not liable for losses resulting from Platform downtime or service interruptions.
Smart Expedite does not act as a motor carrier and does not take possession of cargo. To the maximum extent permitted by law, Smart Expedite is not liable for cargo loss, damage, theft, contamination, or delay; Carrier or third-party acts or omissions; Shipper-provided inaccuracies; Platform outages; or Force Majeure events.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART EXPEDITE’S TOTAL LIABILITY TO ANY USER SHALL NOT EXCEED THE TOTAL PLATFORM FEES PAID BY THAT USER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL SMART EXPEDITE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, OR LOSS OF BUSINESS OPPORTUNITY.
17.1 User Indemnification. You agree to indemnify, defend, and hold harmless Smart Expedite from any claims arising from your use of the Platform, breach of these Terms, violation of law, cargo claims, or any third-party claim arising from your conduct.
17.2 Company Indemnification. Smart Expedite will indemnify Users from third-party claims alleging the Platform infringes a valid United States patent, copyright, or trademark.
18.1 Immediate Suspension or Termination. Smart Expedite may immediately suspend or terminate any account for fraud, safety risk, double-brokering, illegal activity, or lapse of required insurance or authority.
18.2 Termination with Cure Period. For other violations, Smart Expedite will provide written notice and a seven (7) day cure period before termination.
18.3 Termination by User. Users may terminate their account at any time with thirty (30) days’ written notice. Outstanding payment obligations survive termination.
Upon account termination, your access to Platform data ends. Smart Expedite will retain your records for the periods required by applicable law. You may request a copy of your data by contacting privacy@smartexpedite.com.
Smart Expedite shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, infrastructure failures, cyberattacks, or interruptions in third-party services.
You consent to the use of electronic signatures, records, and notices. Electronic signatures on rate confirmations, bills of lading, and other Platform documents are legally binding under the E-SIGN Act and the Illinois Electronic Commerce Security Act.
All notices from Smart Expedite will be delivered via email or Platform notification. Notices to Smart Expedite must be sent to legal@smartexpedite.com.
22.1 Governing Law. These Terms are governed by the laws of the State of Illinois, without regard to conflict of law principles.
22.2 Arbitration Agreement. Any dispute shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, with proceedings in Cook County, Illinois.
22.3 Filing Fees. Each party shall bear its own costs, except Smart Expedite will cover any AAA filing fees that exceed court filing costs.
22.4 Opt-Out Right. You may opt out of arbitration within thirty (30) days of creating your account by writing to legal@smartexpedite.com.
22.5 Injunctive Relief Carve-Out. Either party may seek emergency injunctive relief in court for IP infringement, unauthorized access, non-circumvention violations, or fraud.
22.6 Class Action Waiver. YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
23.1 Entire Agreement. These Terms, together with the Privacy Policy and Fee Schedule, constitute the entire agreement between you and Smart Expedite.
23.2 Severability. If any provision is found invalid, it shall be modified to the minimum extent necessary, and the remaining provisions shall continue in effect.
23.3 Waiver. Failure to enforce any provision shall not constitute a waiver.
23.4 Assignment. You may not assign your rights without Smart Expedite’s written consent. Smart Expedite may assign in connection with a merger or acquisition.
23.5 Modifications to Terms. Smart Expedite may update these Terms at any time with at least thirty (30) days’ advance notice of material changes.
Smart Expedite Inc.
Illinois, United States
Legal Inquiries: legal@smartexpedite.com
Privacy Inquiries: privacy@smartexpedite.com
Website: www.smartexpedite.com
Platform: www.smartexpedite.app
