Docking Buddy Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern access to and use of Docking Buddy (the "Service"), operated by Docking Buddy LLC ("Docking Buddy," "we," "us," or "our"). By creating an account, accepting an invitation to join a facility, requesting or receiving access to the Service, or otherwise using the Service, you agree to these Terms. If you are using the Service on behalf of a company, facility, or other organization, you represent that you have authority to bind that organization to these Terms.

2. Description of the Service

Docking Buddy is an operations platform for cross-docking, transloading, and warehouse facilities. The Service helps facilities manage booking requests, dock scheduling, arrivals, employee access, notifications, and related operational data. Features may change, be added, or be discontinued over time.

The Service includes two primary types of access:

• Facility Accounts — used by a facility's employees and administrators to manage day-to-day dock operations and related workflows.
• Partner Portal Accounts — used by a facility's customers (such as shippers) and carriers to view their own loads, appointments, and related information at facilities that have granted them access.

3. Accounts and Access

• Facility access is granted by invitation from an existing facility administrator or by manual assignment from an authorized administrator. There is no general self-service signup for facility access.
• Partner Portal access requires approval from the relevant facility before applicable load or booking data becomes visible.
• You are responsible for maintaining the confidentiality of your login credentials and for activity that occurs through your account. Notify us promptly at support@trydockingbuddy.com if you suspect unauthorized use.
• Facilities are responsible for determining which employees, contractors, customers, carriers, and other authorized users receive access and what permissions they receive.
• We may suspend or terminate access that violates these Terms, poses a security risk, involves suspected fraud or misuse, or is revoked by an authorized facility administrator.

4. Acceptable Use

You agree not to:

• Use the Service to submit false, fraudulent, or misleading booking, shipment, account, or operational information.
• Attempt to access data belonging to a facility, customer, carrier, or other user that you are not authorized to view.
• Interfere with the security, integrity, or availability of the Service.
• Use the Service to send unsolicited, abusive, deceptive, or unlawful communications through any messaging feature.
• Introduce malware, harmful code, or other technology intended to damage or disrupt the Service.
• Reverse engineer, copy, resell, or use the Service to build a competing product except to the extent applicable law expressly permits such activity.
• Use the Service in violation of applicable laws or regulations.

5. Facility Data and Ownership

Each facility retains ownership of the operational data it enters into or authorizes for processing through the Service, including bookings, booking requests, dock assignments, employee records, customer and carrier information, and related content ("Facility Data"). We do not claim ownership of Facility Data.

We may process Facility Data as reasonably necessary to provide, maintain, secure, support, and improve the Service, as described in our Privacy Policy. We do not sell Facility Data to third parties.

6. Partner Portal Access

Customers and carriers using the Partner Portal may view only information related to their own company's loads and bookings at facilities that have specifically granted them access. Facilities are responsible for deciding who receives Partner Portal access and for revoking access when appropriate.

7. Communications and Messaging

The Service may send notifications by email and, where enabled and applicable, SMS text message related to bookings, dock assignments, arrivals, account activity, and other operational matters ("Service Communications").

• By providing or authorizing use of a phone number through the Service or to a facility using the Service, you may receive operational or transactional SMS messages where applicable.
• Message frequency varies based on booking activity and other Service activity. Message and data rates may apply.
• You may opt out of SMS communications at any time by replying STOP to an eligible message. Reply HELP for assistance where supported by the applicable messaging program or contact the relevant facility or Docking Buddy directly.
• Consent to receive text messages is not a condition of using the Service where a reasonable alternative means of receiving the relevant information is available.

We may use third-party providers to deliver email and SMS communications. Delivery may depend on providers, carriers, recipient systems, and other factors outside our control.

8. Optional Third-Party Integrations

The Service may support optional integrations with third-party providers selected or authorized by a facility, including communication providers, email services, messaging services, accounting software, EDI trading partners, and transportation or warehouse management systems. Your use of third-party services may also be subject to those providers' terms and privacy policies.

Facilities are responsible for ensuring that they have the authority and required permissions to connect third-party accounts, communication channels, or data to the Service.

9. Fees and Billing

Certain Services or features may require payment. Applicable pricing, subscription terms, and payment terms will be presented before a paid purchase is required. You agree to pay applicable fees and taxes for paid Services. We may update pricing prospectively with reasonable notice where required by applicable law or agreement.

10. Intellectual Property

The Service, including its software, design, branding, content, and underlying technology, is owned by or licensed to Docking Buddy and is protected by applicable intellectual property laws. Except for the limited right to use the Service in accordance with these Terms, no ownership rights are granted to you.

11. Suspension and Termination

You may stop using the Service at any time, subject to any applicable subscription or agreement. We may suspend or terminate access when reasonably necessary to protect the Service, comply with law, address security risks, prevent fraud or abuse, enforce these Terms, or honor an authorized facility administrator's access decision.

Upon termination, Facility Data may be retained for a reasonable period as described in our Privacy Policy or as otherwise required by law, contract, security needs, or legitimate operational requirements.

12. Availability and Disclaimers

The Service is provided "as is" and "as available." We aim to provide reliable operation, but we do not guarantee that the Service will always be uninterrupted, error-free, or continuously available.

We do not guarantee successful delivery of every SMS or email communication because delivery depends in part on third-party providers, carriers, recipient systems, and other factors outside our control.

Docking Buddy is a coordination, workflow, and record-keeping tool. It does not replace a facility's independent judgment regarding safety, carrier verification, security, legal compliance, or operational decisions.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCKING BUDDY DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCKING BUDDY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCKING BUDDY'S TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

14. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Docking Buddy and its affiliates, officers, employees, and service providers from claims, liabilities, damages, and expenses arising from your unlawful use of the Service, your violation of these Terms, or information you provide in violation of another party's rights.

15. Governing Law and Venue

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles. Any dispute arising from or relating to these Terms or the Service will be brought in the applicable state or federal courts located in Maricopa County, Arizona, unless applicable law requires otherwise.

16. Changes to These Terms

We may update these Terms from time to time. Material changes may be communicated to facility administrators by email, through the Service, or by another reasonable method before taking effect. Continued use of the Service after updated Terms become effective constitutes acceptance where permitted by law.

17. Contact

Questions about these Terms may be sent to support@trydockingbuddy.com.

Legal company name: Docking Buddy LLC
Location: Phoenix, Arizona