This End User License Agreement ("Agreement") is a legal agreement between you ("you" or "User") and Freightly LLC ("Freightly", "we" or "us") governing your use of the Freightly mobile application and the services it provides ("Licensed Application").
By downloading, installing or using the Licensed Application you agree to be bound by this Agreement. If you do not agree, do not use the Licensed Application.
1. What Freightly does
Freightly tracks ocean shipments and air waybills. You enter a master bill of lading, booking number, container number or air waybill number ("search"), and Freightly follows that shipment until it is delivered, shows the carrier's schedule beside the arrival we expect, sends alerts on carrier events, and lets you record the free time your carrier allows.
2. Plans, searches and allowances
- Plans: Freightly is sold as monthly subscription plans. Each plan includes a number of searches per month, as shown in the Licensed Application and on the store listing at the time of purchase. Plan names, prices and allowances may change; the plan you hold continues on the terms shown when you bought it until it renews.
- Free plan: A new account that has confirmed its email address receives a small number of free searches once. The free plan does not renew and converts to nothing. It is granted by us, not sold through the store.
- What a search covers: One search covers a whole shipment. Every container under a master bill or booking number is included in that one search, and Freightly keeps following the shipment at no further cost until it is delivered or the carrier stops reporting it.
- No rollover: Your monthly allowance resets at the start of each billing period. Unused searches from the previous period are forfeited and do not accumulate. Allowances are not a wallet, a balance or a credit and cannot be transferred, exchanged or redeemed for money.
- Searches returned: If a number you enter cannot be tracked, because the carrier has nothing on it or the shipment is discarded by the carrier before it reaches its destination, the search is returned to the period that paid for it, provided that period is still open.
- Changing plan: An upgrade takes effect immediately and the store adjusts your billing for the rest of the period. A downgrade takes effect when your current period ends. Your used searches carry over when you change plan; allowances are never added together.
- Extra searches: You may buy additional searches as a one-time purchase while you hold an active subscription. Purchased searches never expire, are used only after your monthly allowance has been spent, and are returned to you if a shipment cannot be tracked. They are consumable store products and are not refundable by us once used.
3. Data disclaimer
- Third-party data: Tracking information displayed in the Licensed Application comes from a freight-data provider, which collects it from carriers. Freightly displays only what that provider returns. Where a carrier publishes nothing, the field is left blank.
- No guarantee: We cannot guarantee that tracking data is complete, accurate, timely, uninterrupted or correct, and we have no control over what carriers publish. All data is provided on an "as is" and "as available" basis. Predicted arrivals are estimates. Your reliance on any information, including for commercial, customs, demurrage or detention decisions, is at your own risk.
- Your own figures: Free time days and start dates are entered by you. Freightly counts them down and does not verify them against any carrier.
4. Billing, renewals, cancellation and refunds
- Platform billing: All subscriptions and extra searches are sold, billed and renewed by Apple Inc. through the App Store or by Google LLC through Google Play, under their terms. We do not receive or store your payment details.
- Automatic renewal: Subscriptions renew automatically at the end of each monthly period unless cancelled at least 24 hours before the period ends. Your store account is charged for renewal within 24 hours before the end of the current period.
- Cancellation: You cancel through your Apple ID or Google account subscription settings. Deleting the Licensed Application or your Freightly account does not cancel a subscription. You keep your plan until the end of the period you have paid for.
- Refunds: Refunds are handled by Apple or Google under their policies. We cannot issue, modify or reverse a charge made by the store.
5. Acceptable use
You agree not to:
- Use the Licensed Application in breach of any applicable law or regulation.
- Reverse-engineer, decompile, disassemble or attempt to extract the source code of the Licensed Application, except where the law expressly permits it.
- Interfere with, disrupt or compromise the security or availability of our servers or any other user's account.
- Use bots, scrapers or scripts to harvest data, or resell, redistribute or publish tracking data obtained through the Licensed Application without our written permission.
- Create multiple accounts, or share an account, in order to obtain free searches or circumvent plan allowances.
6. Account closure and termination
- By you: You may delete your account at any time from the Licensed Application, under Profile, then Settings. Your shipments, alerts and sign-in details are removed. Cancel any subscription with the store first, because deleting your account does not stop the store from billing you.
- By us: We may suspend, restrict or close your account and terminate this Agreement at any time, without prior notice, if you breach Section 5, engage in fraud, abuse the allowance or free-plan rules, or manipulate store billing.
- Effect: On termination your right to use the Licensed Application ends immediately. You are not entitled to a refund for any remaining subscription period or for unused purchased searches where termination results from your breach.
7. License
Subject to this Agreement, we grant you a non-exclusive, non-transferable, revocable license to install and use the Licensed Application on devices you own or control, solely for your own business use, as permitted by the store's usage rules. The Licensed Application is licensed, not sold. We and our licensors retain all intellectual property rights in the Licensed Application, its design, and its content.
8. Maintenance and support
We are solely responsible for providing maintenance and support for the Licensed Application. Apple and Google have no obligation to provide any maintenance or support. Contact us at info@freightly.us. Help is also available at https://freightly.us/page/support.
9. Warranty
To the maximum extent permitted by law, the Licensed Application is provided without warranty of any kind. If the Licensed Application fails to conform to any applicable warranty, you may notify the store from which you obtained it and the store may refund the purchase price to you. To the maximum extent permitted by law, the store has no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility.
10. Limitation of liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, or for loss of profit, business, goods, demurrage, detention or storage charges, arising from your use of or reliance on the Licensed Application or its data. Our total liability to you for all claims under this Agreement is limited to the amount you paid for the Licensed Application in the twelve months before the claim arose.
11. Product claims
We, not Apple or Google, are responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession or use of it, including product liability claims, any claim that the Licensed Application fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
12. Intellectual property claims
In the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, Freightly LLC, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.