Terms of Service

1. Introduction & Acceptance of Terms

Welcome to Loadira. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and RWXTEK INC, a California corporation doing business as Loadira ("Loadira," "Company," "we," "us," "our"), governing your access to and use of the Loadira platform, including our website, mobile applications, and all related services (collectively, the "Platform" or "Services").

By accessing or using the Loadira Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

To use the Loadira Platform, you must:

• Be at least eighteen (18) years of age;
• Have the legal authority to enter into binding contracts on behalf of yourself or the business entity you represent;
• Not be prohibited from receiving or using the Services under applicable law;
• Provide accurate and complete registration information; and
• Comply with all applicable federal, state, and local laws and regulations.

If you are using the Platform on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and the entity you represent.

2. Definitions

Throughout these Terms, the following definitions apply:

• "Platform" means the Loadira website located at loadira.com, the Loadira mobile application, and all related technology, software, and services provided by Loadira.
• "Broker" means RWXTEK INC, operating under the trade name Loadira, a licensed property broker registered with the Federal Motor Carrier Safety Administration (FMCSA) under MC-1781606 and USDOT 4502922.
• "Carrier" or "Trucker" means an independent motor carrier, whether an individual owner-operator or a carrier company, that provides freight transportation services and uses the Platform to find and accept loads.
• "Shipper" or "Supplier" means any person or business entity that uses the Platform to post loads and arrange for the transportation of freight.
• "Load" means a shipment of freight, goods, or cargo arranged for transportation through the Platform.
• "Services" means all freight brokerage services, technology services, payment processing, and related functions provided through the Platform.
• "User" means any person or entity that accesses or uses the Platform, including Shippers and Carriers.
• "Wallet" means the digital payment account maintained on the Platform for processing transactions between Users.
• "BOL" or "Bill of Lading" means the document issued by a carrier acknowledging receipt of freight for shipment.
• "POD" or "Proof of Delivery" means documentation confirming that freight has been delivered to its destination.

3. Broker Status & Disclaimer

IMPORTANT: LOADIRA IS A LICENSED PROPERTY BROKER, NOT A MOTOR CARRIER.

Loadira operates as a licensed property broker under the authority of the Federal Motor Carrier Safety Administration (FMCSA). Our broker credentials are as follows:

• FMCSA Broker Authority: MC-1781606
• USDOT Number: 4502922
• Surety Bond: $75,000 (as required by 49 CFR Part 387)

As a property broker, Loadira:

• DOES arrange for the transportation of freight between Shippers and Carriers;
• DOES provide a technology platform to facilitate connections between Shippers and Carriers;
• DOES verify Carrier credentials, operating authority, and insurance status;
• DOES process payments between Shippers and Carriers;
• DOES NOT transport freight directly;
• DOES NOT own, lease, or operate any trucks or transportation equipment;
• DOES NOT employ Carriers or their drivers;
• DOES NOT control the manner or method by which Carriers perform transportation services.

All Carriers using the Loadira Platform are independent contractors, not employees or agents of Loadira. Carriers maintain their own FMCSA operating authority, insurance, equipment, and personnel. Loadira does not exercise control over Carriers' routes, schedules, equipment, hiring practices, or operational decisions beyond what is required to facilitate the brokerage relationship.

Users acknowledge and agree that Loadira's role is solely that of an intermediary arranging transportation services, and not as a party to the actual transportation contract between Shipper and Carrier.

4. User Accounts

4.1 Account Registration

To access certain features of the Platform, you must create an account. When registering, you agree to provide accurate, current, and complete information about yourself and/or your business. You must promptly update your account information if any changes occur.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to:

• Create a strong, unique password for your Loadira account;
• Not share your login credentials with any third party;
• Immediately notify Loadira of any unauthorized access to or use of your account;
• Accept responsibility for all activities that occur under your account.

Loadira is not liable for any losses or damages arising from unauthorized access to your account resulting from your failure to protect your credentials.

4.3 One Account Per User

Each individual or business entity may maintain only one active account on the Platform. Creating multiple accounts to circumvent Platform rules, avoid strikes or suspensions, or for any fraudulent purpose is strictly prohibited and may result in immediate termination of all associated accounts.

4.4 Account Suspension and Termination

Loadira reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms;
• Fraudulent, abusive, or illegal activity;
• Providing false or misleading information;
• Failure to pay outstanding fees or charges;
• Accumulation of strikes (for Carriers);
• Upon request by law enforcement or government authorities;
• Extended inactivity; or
• At our sole discretion when we believe it is necessary to protect the Platform, other Users, or third parties.

5. Shipper/Supplier Terms

5.1 Authority to Ship

By posting a Load on the Platform, you represent and warrant that you have the legal authority to ship the goods described, including full ownership or authorization from the owner to arrange transportation.

5.2 Accurate Load Information

You are responsible for providing complete and accurate information about each Load, including but not limited to:

• Pickup and delivery locations with complete addresses;
• Pickup and delivery dates and times;
• Accurate weight and dimensions of the freight;
• Commodity description and any special handling requirements;
• Equipment type required (e.g., dry van, flatbed, reefer);
• Temperature requirements for refrigerated freight;
• Hazardous materials classification, if applicable (UN number, class, packing group); and
• Any access restrictions, appointment requirements, or special instructions.

Inaccurate Load information may result in delays, additional charges, Load rejection, or account suspension.

5.3 Hazardous Materials Disclosure

You must accurately disclose if any shipment contains hazardous materials as defined by the U.S. Department of Transportation. Failure to properly disclose hazardous materials is a violation of federal law and these Terms, and may result in immediate account termination, financial penalties, and referral to appropriate authorities.

5.4 Wallet System and Payment Terms

Shippers must maintain a funded Wallet balance to post Loads on the Platform. When a Carrier accepts a Load, the agreed-upon amount is held in escrow from your Wallet. Payment is released to the Carrier upon confirmed delivery and completion of the delivery confirmation process.

A transaction fee of 1.5% is charged on all ACH deposits to your Wallet. This fee is non-refundable.

5.5 Cancellation Policy

Cancellation Fee: A $175 cancellation fee applies to all Load cancellations after a Carrier has accepted the Load.

Cancellation After Pickup: Loads cannot be cancelled after pickup has occurred. Once a Carrier has taken possession of the freight, the Shipper is obligated to pay the full agreed-upon rate.

5.6 Proper Packaging

You are responsible for ensuring that all freight is properly packaged, palletized (if applicable), and secured for transportation. Loadira and Carriers are not responsible for damage resulting from inadequate packaging.

5.7 Delivery Confirmation Window

Upon delivery, Shippers have eight (8) hours to confirm delivery or report any issues through the Platform. If no confirmation or dispute is filed within this window, delivery will be automatically confirmed, and payment will be released to the Carrier.

5.8 Dispute Window

Shippers have forty-eight (48) hours from the time of delivery to file a dispute through the Platform regarding any issues with the shipment. After this window closes, disputes must be pursued through the formal claims process outlined in Section 9.

6. Carrier/Trucker Terms

6.1 Operating Authority Requirements

To use the Loadira Platform as a Carrier, you must:

• Maintain valid FMCSA operating authority (MC number);
• Maintain an active USDOT number;
• Have a satisfactory safety rating or be unrated (carriers with unsatisfactory or conditional ratings are not eligible);
• Provide documentation of operating authority upon request.

Loadira verifies Carrier credentials through FMCSA SAFER system and other authorized databases. Operating authority must remain active throughout your use of the Platform.

6.2 Insurance Requirements

Carriers must maintain the following minimum insurance coverages:

• Auto Liability Insurance: Minimum $750,000 for general freight; $1,000,000 for hazardous materials as required by FMCSA;
• Cargo Insurance: Minimum $100,000 per occurrence (higher limits may be required for specific loads).

You must provide proof of insurance upon request and notify Loadira immediately if your insurance is cancelled, expires, or coverage limits change.

6.3 Independent Contractor Status

As a Carrier using the Loadira Platform, you are an independent contractor, not an employee, agent, or representative of Loadira. You acknowledge that:

• You control the manner and means by which transportation services are performed;
• You are responsible for your own equipment, fuel, maintenance, and operating expenses;
• You are responsible for hiring, supervising, and compensating your own drivers and staff;
• You are responsible for all taxes, including self-employment taxes;
• Loadira does not provide workers' compensation, health insurance, or other employee benefits.

6.4 Platform Fee

A platform fee of ten percent (10%) is deducted from Load payments before payout to Carriers. This fee covers Loadira's services including load matching, payment processing, customer support, and platform maintenance.

6.5 Strike System

Loadira maintains a strike system to ensure platform reliability and quality service. Strikes may be issued for:

• Cancelling an accepted Load without valid emergency reason;
• No-show at pickup without prior communication;
• Failure to complete delivery as agreed;
• Significant delays without communication;
• Verified complaints from Shippers;
• Violation of Platform rules.

Consequences:

• Three (3) strikes within a twelve (12) month period results in account suspension;
• Strikes expire twelve (12) months from the date issued;
• Suspensions may be appealed through our support team;
• Repeated suspensions may result in permanent account termination.

6.6 Load Completion Requirement

Once you accept a Load, you are obligated to complete the transportation as agreed. You must:

• Arrive at pickup within the scheduled window;
• Transport the freight with reasonable care;
• Deliver to the specified destination within the agreed timeframe;
• Obtain and submit proper documentation (BOL, POD).

6.7 GPS Tracking Requirement

GPS tracking through the Loadira mobile application is required during all active Loads. This tracking:

• Provides Shippers with real-time visibility of their shipments;
• Helps verify pickup, transit, and delivery times;
• Supports detention time calculations;
• Assists in resolving disputes.

Carriers who disable GPS tracking during an active Load may receive strikes and may have payments withheld pending verification.

6.8 Emergency Cancellation

In genuine emergencies (equipment breakdown, medical emergency, severe weather, or other circumstances beyond your control), you may cancel an accepted Load by immediately notifying Loadira through the Platform. Emergency cancellations are subject to the following:

• Two (2) strikes will be issued;
• A fifteen percent (15%) penalty of the Load value may be assessed;
• Documentation of the emergency may be required.

Repeated emergency cancellations will be reviewed, and fraudulent claims will result in account termination.

7. Fees & Payments

7.1 Fee Schedule

The following fees apply to use of the Loadira Platform:

7.2 Detention Time

Carriers are entitled to detention pay when held at pickup or delivery locations beyond two (2) hours of free time. Detention is billed at $40 per hour, with a maximum of $160 (four hours) per location per day. Detention time is calculated using GPS check-in and check-out data from the Loadira app.

7.3 Payment Processing

All payments are processed through the Loadira Wallet system. Carriers receive payouts via direct deposit (ACH) after delivery confirmation. Standard payout timing is within 3-5 business days of confirmed delivery.

7.4 ACH Reversals and Chargebacks

ACH deposits that are reversed, returned, or result in chargebacks will:

• Result in immediate flagging of the associated account;
• May result in suspension of posting and withdrawal privileges;
• Require the User to repay the reversed amount plus any associated bank fees;
• May result in account termination for repeated occurrences.

8. Liability & Limitations

8.1 Loadira's Liability Limitation

LOADIRA'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO A SHIPMENT IS LIMITED TO ONE HUNDRED THOUSAND DOLLARS ($100,000) PER SHIPMENT.

This limitation applies regardless of the cause of action, whether in contract, tort (including negligence), strict liability, or otherwise.

8.2 Carrier Liability Under the Carmack Amendment

Motor carriers transporting freight in interstate commerce are subject to the Carmack Amendment (49 U.S.C. § 14706), which governs carrier liability for cargo loss or damage. Under the Carmack Amendment:

• Carriers are liable for the actual loss or damage to cargo in their possession;
• Carriers may limit their liability through released value rates, if properly disclosed;
• Shippers must prove tender of goods in good condition, delivery in damaged condition, and the amount of damages.

Loadira is not a motor carrier and does not assume carrier liability under the Carmack Amendment. Carriers using the Platform are independently liable for cargo in their possession.

8.3 Exclusions from Liability

Loadira is not liable for:

• Loss, damage, or delay caused by the negligence or willful misconduct of any Carrier;
• Loss, damage, or delay caused by improper packaging or loading by Shippers;
• Acts of God, including but not limited to earthquakes, floods, hurricanes, tornadoes, or other natural disasters;
• Acts of war, terrorism, civil unrest, or government action;
• Strikes, lockouts, or labor disputes;
• Quarantine restrictions, customs delays, or regulatory actions;
• Inherent vice or nature of the goods;
• Shipper's failure to disclose hazardous materials or special requirements;
• Delays caused by traffic, weather, or road conditions.

8.4 No Consequential Damages

IN NO EVENT SHALL LOADIRA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or related to these Terms or the use of the Platform, regardless of whether such damages were foreseeable and whether or not Loadira was advised of the possibility of such damages.

8.5 Force Majeure

Neither Loadira nor any User shall be liable for any failure or delay in performing obligations under these Terms if such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

9. Cargo Claims

9.1 Time Limit for Filing Claims

In accordance with the Carmack Amendment and 49 CFR § 370.3, claims for cargo loss or damage must be filed in writing within nine (9) months of the delivery date (or, in the case of non-delivery, within nine months of the reasonable delivery date).

9.2 Written Notice Requirement

All cargo claims must be submitted in writing through the Loadira Platform claims portal or via email to customertek@rwxtek.com. The claim must include:

• Load number and date of shipment;
• Description of the loss or damage;
• Amount claimed and basis for the claimed amount;
• Supporting documentation.

9.3 Required Documentation

To process a cargo claim, you must provide:

• Original Bill of Lading (or copy);
• Signed delivery receipt or Proof of Delivery noting damage or shortage;
• Photographs documenting the damage;
• Invoice showing the value of the goods;
• Inspection reports, if applicable;
• Any other documentation relevant to the claim.

9.4 Claims Process

Upon receipt of a properly filed claim, Loadira will:

• Acknowledge receipt within five (5) business days;
• Investigate the claim, which may include contacting the Carrier and reviewing GPS and documentation;
• Coordinate with the Carrier's cargo insurance if applicable;
• Provide a determination or status update within thirty (30) days.

Loadira assists in facilitating claims but the Carrier is ultimately liable for cargo in their possession. Claim payments, if any, may come from the Carrier's cargo insurance or directly from the Carrier.

10. Dispute Resolution

10.1 Platform Dispute System

For issues arising during active shipments, Users should first attempt to resolve disputes through the Loadira Platform dispute system. Disputes must be filed within forty-eight (48) hours of delivery for issues related to service quality, detention, or minor discrepancies.

10.2 Mediation

If a dispute cannot be resolved through the Platform dispute system, either party may request mediation. Mediation shall be conducted by a mutually agreed-upon mediator, or if the parties cannot agree, by a mediator selected through the American Arbitration Association (AAA). The costs of mediation shall be shared equally by the parties.

10.3 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform that cannot be resolved through mediation shall be finally resolved by binding arbitration.

Arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA). Key provisions include:

• Arbitration shall take place in the State of California;
• A single arbitrator shall be selected in accordance with AAA rules;
• The arbitrator's decision shall be final and binding;
• Judgment on the award may be entered in any court of competent jurisdiction;
• Each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise.

10.4 Class Action Waiver

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST LOADIRA ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

10.5 Small Claims Court Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

11. Intellectual Property

11.1 Loadira's Intellectual Property

The Platform and all content, features, and functionality thereof, including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof, are the exclusive property of RWXTEK INC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The LOADIRA name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of RWXTEK INC. You may not use these marks without our prior written permission.

11.2 User Content License

By submitting content to the Platform (including but not limited to Load postings, reviews, messages, and documentation), you grant Loadira a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, distribute, and display such content in connection with operating and improving the Platform.

11.3 Prohibited Activities

You may not:

• Copy, modify, or distribute any part of the Platform without authorization;
• Use any automated system, including "robots," "spiders," or "scrapers," to access the Platform;
• Reverse engineer, decompile, or disassemble any software on the Platform;
• Remove any copyright, trademark, or other proprietary notices;
• Access or use the Platform for any competitive purpose.

12. Indemnification

You agree to defend, indemnify, and hold harmless RWXTEK INC, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your breach of these Terms or any representation or warranty made herein;
• Your negligence or willful misconduct in connection with the transportation of freight or use of the Platform;
• Cargo loss, damage, or delay caused by your acts or omissions;
• Personal injury or property damage arising from your operations;
• Violations of applicable law, including but not limited to FMCSA regulations, DOT requirements, and hazardous materials laws;
• Third-party claims relating to your use of the Platform or transportation services;
• Employment or labor disputes involving your drivers or employees;
• Tax liabilities arising from your activities; and
• Infringement of any intellectual property rights through your content or activities.

This indemnification obligation shall survive termination of these Terms and your use of the Platform.

13. Termination

13.1 Termination by User

You may terminate your account at any time by contacting Loadira support at customertek@rwxtek.com. Upon termination:

• All active Loads must be completed or properly cancelled;
• All outstanding payments owed to Loadira must be paid;
• Any remaining Wallet balance will be refunded within thirty (30) days, less any outstanding fees or charges.

13.2 Termination by Loadira

Loadira may terminate or suspend your account at any time, with or without cause, with or without notice. In cases of suspected fraud, illegal activity, or serious Terms violations, termination may be immediate without prior notice.

13.3 Effect of Termination

Upon termination:

• Your right to access and use the Platform immediately ceases;
• Obligations incurred prior to termination survive, including payment obligations;
• Provisions that by their nature should survive termination shall survive, including but not limited to indemnification, limitation of liability, and dispute resolution provisions.

13.4 Data Retention

Loadira retains certain data after account termination as required by law, including records required under FMCSA regulations. See our Privacy Policy for details on data retention practices.

14. Modifications to Terms

Loadira reserves the right to modify, amend, or update these Terms at any time at our sole discretion. When we make material changes, we will:

• Post the updated Terms on the Platform with a new "Last Updated" date;
• Notify registered Users via email or Platform notification;
• For significant changes, provide at least thirty (30) days' notice before the changes take effect.

Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform before the effective date.

15. Governing Law

These Terms and any dispute arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with:

• Federal law with respect to matters relating to interstate commerce, including but not limited to the Carmack Amendment (49 U.S.C. § 14706), FMCSA regulations, and other applicable federal transportation statutes and regulations;
• The laws of the State of California for all other matters, without regard to its conflicts of law principles.

To the extent that arbitration is not required under Section 10, any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.

16. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us:

For legal notices, please use the subject line "Legal Notice" in your email communication.

17. Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason:

• Such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent;
• If modification is not possible, the provision shall be severed from these Terms;
• The remaining provisions of these Terms shall continue in full force and effect;
• The invalidity of one provision shall not affect the validity of any other provision.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any additional terms or agreements referenced herein or agreed to through the Platform, constitute the entire agreement between you and RWXTEK INC regarding your use of the Platform.

These Terms supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the subject matter hereof.

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Loadira's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.