Last updated: 1/16/2026
By accessing, browsing, or using the TraxQ platform, website, mobile application, and related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and TraxQ LLC ("TraxQ," "we," "us," or "our").
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree to these Terms, you must not access or use the Service.
TraxQ provides a cloud-based Transportation Management System (TMS) designed to assist logistics companies, carriers, and dispatchers in managing their operations. The Service includes, but is not limited to, load dispatching, driver tracking, invoicing, document management, and analytics. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.
To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your password and for all activities that occur under your account. You agree to immediately notify TraxQ of any unauthorized use of your account or any other breach of security. TraxQ will not be liable for any loss or damage arising from your failure to comply with these requirements.
You agree not to use the Service for any unlawful purpose or in any way that interrupts, damages, impairs, or renders the Service less efficient. You specifically agree not to:
5.1. Subscription Plans: The Service is offered on a subscription basis. You agree to pay the fees applicable to your chosen subscription plan.
5.2. Billing: Fees are billed in advance on a monthly or annual basis, depending on your selection. All payments are non-refundable, except as expressly provided in these Terms.
5.3. Automatic Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel your account before the renewal date.
5.4. Taxes: You are responsible for paying all taxes associated with your purchase of the Service, including sales, use, and value-added taxes.
6.1. TraxQ Property: The Service, including its "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark, and other intellectual property laws. You acknowledge and agree that TraxQ and/or its licensors own all right, title, and interest in and to the Service.
6.2. User Content: You retain all rights to the data, files, and other content that you upload to the Service ("User Content"). By using the Service, you grant TraxQ a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such User Content solely for the purpose of providing and improving the Service.
You represent and warrant that your use of the Service will comply with all applicable laws and regulations, including but not limited to the Federal Motor Carrier Safety Administration (FMCSA) regulations, Department of Transportation (DOT) regulations, and any other applicable local, state, national, or international laws. You are solely responsible for ensuring that your operations, drivers, and equipment comply with all safety and regulatory requirements.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRAXQ EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TRAXQ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRAXQ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL TRAXQ'S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TRAXQ, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold harmless TraxQ, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon termination, your right to use the Service will immediately cease.
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
14.1. Location Data Collection: The Service includes GPS tracking and location-based features that collect, transmit, store, and process location data from mobile devices, vehicles, and equipment. By using the Service or enabling location services, you expressly consent to the collection and use of location data as described in these Terms and our Privacy Policy.
14.2. Driver Location Tracking: When drivers use the TraxQ mobile application or driver portal, the Service collects real-time GPS coordinates, speed, heading, accuracy, altitude, and address information at regular intervals (typically every 30-120 seconds) while drivers are on duty or actively using the application. This data is used to:
14.3. Equipment and Vehicle Tracking: The Service may track the location of trucks, trailers, containers, and other equipment through integrated GPS devices, mobile applications, or third-party telematics providers. Equipment location data is used for fleet management, asset tracking, theft prevention, and operational efficiency.
14.4. Customer Tracking Portal: The Service provides public tracking links and a customer portal that allow authorized third parties (shippers, brokers, consignees, receivers) to view the real-time or last-known location of shipments, estimated arrival times, and delivery status. By sharing tracking links or enabling customer tracking, you authorize the disclosure of location information, driver information (as configured), and shipment details to the recipients of those links.
14.5. Tracking Portal Chat Feature: The customer tracking portal includes a chat feature that allows customers to communicate with dispatchers regarding their shipments. Messages sent through this feature are stored and associated with the load record. By using or enabling this feature, you consent to the collection and storage of these communications.
14.6. Driver Consent and Employee Notification: If you are an employer, motor carrier, or fleet operator, you represent and warrant that you have:
14.7. Location Data Accuracy Disclaimer: GPS AND LOCATION DATA MAY BE SUBJECT TO INACCURACIES DUE TO VARIOUS FACTORS INCLUDING SATELLITE SIGNAL AVAILABILITY, ATMOSPHERIC CONDITIONS, URBAN CANYON EFFECTS, DEVICE HARDWARE LIMITATIONS, SOFTWARE LIMITATIONS, NETWORK CONNECTIVITY, AND THIRD-PARTY SERVICE AVAILABILITY. TRAXQ DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF LOCATION DATA AND SHALL NOT BE LIABLE FOR ANY ERRORS, INACCURACIES, OR DELAYS IN LOCATION INFORMATION. LOCATION DATA SHOULD NOT BE RELIED UPON AS THE SOLE SOURCE OF INFORMATION FOR SAFETY-CRITICAL DECISIONS, EMERGENCY RESPONSE, OR LEGAL COMPLIANCE.
14.8. Background Location Access: The TraxQ mobile application may request permission to access location data while the application is running in the background. Background location access enables continuous tracking during active loads without requiring the app to be open. You may disable background location access in your device settings, but this may limit the functionality of the Service.
14.9. Location Data Retention: Location data and tracking history are retained for operational purposes, regulatory compliance (including FMCSA record-keeping requirements), dispute resolution, and analytics. Retention periods vary based on data type and legal requirements. You may request information about or deletion of location data subject to our data retention policies and legal obligations.
15.1. Types of Data Collected: The Service collects and processes various categories of data, including but not limited to:
15.2. Data Processing Purposes: We process your data for the following purposes:
15.3. Data Sharing: We may share your data with:
15.4. Data Controller Responsibilities: When you use the Service to collect and process information about your drivers, customers, and other individuals, you act as the "data controller" and TraxQ acts as a "data processor" on your behalf. As data controller, you are responsible for:
15.5. Privacy Policy: Our full Privacy Policy, which is incorporated into these Terms by reference, provides detailed information about our data practices. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
16.1. In-App Messaging: The Service includes messaging features that allow communication between dispatchers, drivers, customers, and other users. All messages sent through the Service are stored and may be accessed for operational purposes, dispute resolution, and compliance.
16.2. SMS and Text Messages: By providing your phone number and using the Service, you consent to receive SMS text messages related to the Service, including load assignments, status updates, delivery confirmations, and account notifications. Message and data rates may apply. You may opt out of non-essential SMS messages by adjusting your notification settings.
16.3. Email Communications: By creating an account, you consent to receive emails from TraxQ, including transactional emails, service updates, security alerts, and marketing communications. You may unsubscribe from marketing emails at any time, but transactional and service-related emails are required for account operation.
16.4. Push Notifications: The mobile application may send push notifications for load updates, messages, alerts, and other time-sensitive information. You can manage push notification preferences in your device settings.
16.5. Message Retention: Messages and communications are retained for operational, legal, and compliance purposes. Retention periods vary based on message type and applicable regulations.
17.1. Document Upload: The Service allows you to upload, store, and manage various documents including Bills of Lading (BOL), rate confirmations, proof of delivery (POD), insurance certificates, driver documents, carrier packets, W-9 forms, and other business documents.
17.2. Document Scanning: The Service may include document scanning features using optical character recognition (OCR) and artificial intelligence to extract information from uploaded documents. You acknowledge that automated extraction may contain errors and should be reviewed for accuracy.
17.3. Document Security: Documents are stored using industry-standard encryption and security measures. Access to documents is controlled based on user permissions and sharing settings. You are responsible for properly configuring document access permissions.
17.4. Document Retention: Documents are retained in accordance with our data retention policies and applicable record-keeping requirements. FMCSA requires certain records to be retained for specified periods (e.g., driver qualification files, inspection reports). You are responsible for maintaining required records for the applicable retention period.
17.5. Document Ownership: You retain ownership of all documents you upload to the Service. TraxQ does not claim ownership of your documents but is granted a license to store, process, and display documents as necessary to provide the Service.
18.1. Carrier Verification Services: The Service includes features to verify carrier credentials, safety ratings, and insurance status through integration with FMCSA SAFER database, RMIS, and other verification services. These services are provided to assist your due diligence but do not replace your independent verification obligations.
18.2. FMCSA Data: Carrier safety data, authority status, insurance filings, and safety ratings are obtained from the FMCSA and other government sources. This data is provided "as is" and may not reflect the most current information. TraxQ does not guarantee the accuracy, completeness, or timeliness of third-party compliance data.
18.3. Insurance Monitoring: The Service may track carrier insurance certificate expiration dates and send alerts. However, you are solely responsible for verifying that carriers maintain adequate insurance coverage before tendering loads.
18.4. Compliance Disclaimer: TRAXQ'S CARRIER VETTING FEATURES ARE PROVIDED AS TOOLS TO ASSIST YOUR COMPLIANCE EFFORTS. TRAXQ DOES NOT GUARANTEE THAT ANY CARRIER IS PROPERLY LICENSED, INSURED, OR SAFE. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING APPROPRIATE DUE DILIGENCE BEFORE ENGAGING ANY CARRIER. TRAXQ SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING FROM YOUR USE OF OR RELIANCE ON CARRIER VETTING INFORMATION.
18.5. Double-Brokering Prevention: If you are a freight broker, you represent that you will not engage in unauthorized double-brokering or re-brokering of loads without proper disclosure and authorization. The Service may include features to detect and prevent double-brokering, and we reserve the right to suspend accounts engaged in fraudulent brokerage practices.
19.1. Invoice Generation: The Service includes features to create, send, and manage invoices for transportation services. Invoice templates and calculations are provided as tools; you are responsible for ensuring invoice accuracy and compliance with applicable laws.
19.2. Payment Processing: The Service may integrate with third-party payment processors (such as Stripe) to facilitate payment collection. Your use of payment processing services is subject to the terms and conditions of those third-party providers. TraxQ is not responsible for payment processing failures, chargebacks, or disputes.
19.3. Accounts Receivable/Payable: The Service tracks accounts receivable (money owed to you) and accounts payable (money you owe to carriers/drivers). This information is for tracking purposes only and does not constitute accounting advice. You should consult with a qualified accountant for financial and tax matters.
19.4. Driver Settlements: Features for calculating driver settlements, pay percentages, and deductions are provided as tools. You are responsible for ensuring settlements comply with employment laws, independent contractor agreements, and applicable regulations.
19.5. Tax Reporting (1099, W-9): The Service may assist with collecting W-9 forms and generating 1099 information. However, TraxQ does not provide tax advice, and you are solely responsible for compliance with IRS reporting requirements.
20.1. Mobile App License: Subject to these Terms, TraxQ grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the TraxQ mobile application on devices you own or control, solely for your use of the Service.
20.2. App Store Terms: Your use of the mobile application is also subject to the terms and conditions of the applicable app store (Apple App Store, Google Play Store). In the event of a conflict, the app store terms may take precedence for app-specific issues.
20.3. Device Permissions: The mobile application may request access to various device features including:
20.4. Updates: We may release updates to the mobile application that include new features, bug fixes, or security patches. You agree to install updates promptly. Failure to update may result in reduced functionality or security vulnerabilities.
20.5. Safe Driving: YOU AGREE NOT TO USE THE MOBILE APPLICATION WHILE OPERATING A VEHICLE. DRIVERS MUST SAFELY PARK BEFORE INTERACTING WITH THE APPLICATION. TRAXQ IS NOT LIABLE FOR ACCIDENTS OR INJURIES CAUSED BY DISTRACTED DRIVING.
21.1. Security Measures: TraxQ implements reasonable technical and organizational security measures to protect your data, including encryption in transit and at rest, access controls, secure authentication, regular security assessments, and monitoring for unauthorized access.
21.2. No Guarantee: While we strive to protect your data, no method of transmission over the Internet or electronic storage is 100% secure. TraxQ cannot guarantee absolute security and shall not be liable for unauthorized access resulting from sophisticated attacks, user negligence, or factors beyond our reasonable control.
21.3. Your Security Responsibilities: You are responsible for:
21.4. Data Breach Notification: In the event of a data breach affecting your data, TraxQ will notify you in accordance with applicable law and will cooperate with you in investigating and responding to the breach.
22.1. Informal Resolution: Before initiating any formal dispute resolution proceedings, you agree to first contact TraxQ at legal@traxq.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute within thirty (30) days.
22.2. Binding Arbitration: IF WE CANNOT RESOLVE A DISPUTE INFORMALLY, YOU AND TRAXQ AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights. This agreement to arbitrate is intended to be broadly interpreted.
22.3. Arbitration Rules: Arbitration shall be conducted by JAMS under its Streamlined Arbitration Rules and Procedures, or as otherwise agreed by the parties. The arbitration shall be conducted in the English language and shall take place in Wilmington, Delaware, or at another location mutually agreed by the parties. The arbitrator's decision shall be final and binding.
22.4. CLASS ACTION WAIVER: YOU AND TRAXQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. THIS CLASS ACTION WAIVER IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.
22.5. JURY TRIAL WAIVER: YOU AND TRAXQ HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
22.6. Opt-Out: You may opt out of this arbitration agreement by sending written notice to legal@traxq.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you do not wish to resolve disputes through arbitration.
23.1. Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and TraxQ regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.
23.2. Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.
23.3. Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. TraxQ's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
23.4. Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without TraxQ's prior written consent. TraxQ may freely assign these Terms without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
23.5. Force Majeure: TraxQ shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, or failures of third-party services or infrastructure.
23.6. Independent Contractors: The relationship between you and TraxQ is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship.
23.7. No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms, except for TraxQ's affiliates and licensors who are intended third-party beneficiaries of certain provisions.
23.8. Notices: All legal notices to TraxQ shall be sent to legal@traxq.com or to our registered address. Notices to you may be sent to the email address associated with your account, posted on the Service, or sent to your mailing address on file. Notices are deemed received upon delivery (for email) or posting (for website notices).
23.9. Export Compliance: You agree to comply with all applicable U.S. export and import control laws and regulations, including the U.S. Export Administration Regulations and sanctions programs administered by the Office of Foreign Assets Control (OFAC). You shall not export, re-export, or transfer the Service to any prohibited country, entity, or person.
23.10. Government Users: If you are a U.S. government entity or contractor, the Service is provided as "commercial computer software" and "commercial computer software documentation" as defined in 48 C.F.R. ยง2.101. Government users acquire only those rights that are granted to all other users pursuant to these Terms.
24.1. California Consumer Privacy Act (CCPA): If you are a California resident, you have certain rights under the California Consumer Privacy Act, including the right to know what personal information we collect, the right to delete your personal information, the right to opt out of the sale of personal information, and the right to non-discrimination for exercising your privacy rights. For more information, see our Privacy Policy.
24.2. California Civil Code Section 1789.3: Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
24.3. "Do Not Track" Signals: California Business & Professions Code Section 22575(b) requires disclosure of how TraxQ responds to "Do Not Track" signals. TraxQ does not currently respond to "Do Not Track" signals from web browsers.
25.1. Cross-Border Data Transfer: The Service is operated from the United States. If you access the Service from outside the United States, you consent to the transfer, storage, and processing of your data in the United States and other countries where we or our service providers operate. Data protection laws in these countries may differ from those in your jurisdiction.
25.2. GDPR Compliance: If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, our processing of your personal data is governed by the General Data Protection Regulation (GDPR) as applicable. You have certain rights including access, rectification, erasure, restriction, data portability, and objection. Contact us at privacy@traxq.com to exercise these rights.
25.3. Local Law Compliance: You are responsible for complying with all local laws applicable to your use of the Service. If your use of the Service violates any applicable law, you are not authorized to use the Service.
If you have any questions, concerns, or complaints about these Terms of Service, the Service, or our practices, please contact us:
TraxQ LLC
Legal Department: legal@traxq.com
Privacy Inquiries: privacy@traxq.com
Customer Support: support@traxq.com
Security Issues: security@traxq.com
Website: https://traxq.com
BY ACCESSING, REGISTERING FOR, OR USING THE TRAXQ SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:
These Terms of Service, together with our Privacy Policy, represent the complete and exclusive statement of the agreement between you and TraxQ and supersede any prior agreements, proposals, or representations, written or oral, concerning the subject matter hereof.