Terms of Service

Fr8Desk is made and run by Espinosa Freight Systems LLC, a Florida limited liability company doing business as Fr8Desk (“Fr8Desk”, “we”, “us”).

These Terms are an agreement between us and you: the person who creates or uses an Fr8Desk account, and the business you use it for. If you use Fr8Desk for a company, you confirm you're allowed to accept these Terms for it. If you don't agree, don't use Fr8Desk.

Fr8Desk is a software tool that helps dispatchers organize their own business. That is all we do. We are not, and never act as:

• a freight broker or a freight forwarder
• a motor carrier or a shipper
• a truck dispatcher or a dispatch service
• a lead generator, a list or data broker, or a telemarketer
• a factoring company, a lender or a payment processor
• your lawyer, accountant or compliance advisor

We don't arrange, book, carry or pay for freight. We aren't a party to any deal between you and your carriers, drivers, brokers, shippers or customers, and we take no responsibility for those deals, the loads, the money that moves between you, or how anyone performs.

You run your business; Fr8Desk only gives you a place to run it from. You are responsible for:

• your agreements with carriers, drivers, brokers and shippers, and what you charge them (including your dispatch fee)
• any license, authority or registration your business needs, and following FMCSA, DOT and state rules
• checking the carriers you work with (authority, insurance, safety record) yourself; anything Fr8Desk shows from public records may be out of date
• the accuracy of the loads, rates, invoices, documents and other information you put in
• your taxes, your books and your payments to and from others
• everyone you give access to your workspace, and what they do in it

Tools like estimated arrival times, rate per mile, profit figures, AI help reading rate confirmations and suggested messages are estimates to help you work faster. Check them before you rely on them. ETAs assume a planning speed you can change in Settings.

A carrier lead bought or sold on the Fr8Desk Marketplace is traded between the seller and the buyer under the Lead Exchange Agreement, which both sign; Fr8Desk runs the Marketplace but is not a party to it.

Each subscription gives you one workspace with its own private database. Keep your password safe and tell us right away if you think someone else got into your account. You must be at least 18 and able to enter a contract.

The workspace owner controls the workspace: who's on the team, their roles, billing and deletion. Team members act for the owner's business.

Fr8Desk can send texts and emails for you, by hand or through automations, show you who to call, and host an application page for your business. When it does, you are the sender and the caller, not Fr8Desk, and you are solely responsible for following every law that applies, including the Telephone Consumer Protection Act (TCPA) and the FCC's rules under it, the Telemarketing Sales Rule (TSR), the CAN-SPAM Act, the Florida Telephone Solicitation Act (FTSA) and Florida Telemarketing Act, other states' telemarketing, texting and do-not-call laws, and the rules of phone carriers and Twilio. In particular, you must:

• have the consent the law requires before you text or call anyone, including by automated means, and keep a record of it for as long as the law requires (we recommend at least 5 years)
• honor opt-outs (STOP, unsubscribe, a spoken or written request) right away and across every channel; Fr8Desk records them and blocks its own sends, but you remain responsible
• scrub against the National Do Not Call Registry and state lists where the law requires it
• send only messages that are truthful, identify your business, and are about your own business
• keep the terms and privacy notice on your application page accurate for your business

To help, Fr8Desk applies guardrails to texts and emails sent from the desk: it blocks opted-out contacts and Fr8Desk's do-not-contact list, sends texts to leads and automated texts only from 8 a.m. to 8 p.m. in the recipient's local time, limits texts to 3 per person per 24 hours, names your business in the first text, adds opt-out instructions to automated texts and your postal address and an unsubscribe link to marketing emails. These guardrails are a convenience, not legal advice and not a guarantee of compliance. They depend on the information you enter (like a lead's state), they don't cover calls you place from your own phone or messages you send outside Fr8Desk, and turning a message into “transactional” or editing a contact can change what they do. We may limit, pause or block messages that look like spam or put our sending accounts at risk.

When you use Fr8Desk to call, text or email anyone, you agree that you won't:

• contact anyone who hasn't given the consent the law requires, or who asked you to stop
• use purchased, rented, scraped or shared contact lists, or numbers you generated or guessed
• contact anyone on a do-not-call list without the consent the law requires, or anyone on Fr8Desk's do-not-contact list
• hide or fake who you are, your number or your business, or pretend to be Fr8Desk, another dispatcher or a carrier
• send messages about loans, debt, cannabis, firearms, gambling, adult content or anything else your phone carrier or Twilio forbids
• work around Fr8Desk's guardrails (for example by marking marketing as transactional, changing a contact's state to avoid quiet hours, or splitting one person into many records)
• use an automatic telephone dialing system, or an artificial or prerecorded voice, to call a mobile number without the prior express (and, for marketing, written) consent the law requires

You'll answer complaints about your messages yourself and promptly. If we receive a complaint, a subpoena, a carrier report or a regulator's request about messages you sent, we may share the relevant records with the person or authority who lawfully asks, and suspend messaging while it's resolved.

The Fr8Desk Marketplace is where Scouts (free seller accounts) list carrier leads and Fr8Desk subscribers (dispatch companies) buy them. Only Scouts sell; subscribers only buy. Fr8Desk is only the venue. Espinosa Freight Systems LLC:

• is not a party to any trade; each trade is a contract between the Scout (the seller) and the subscriber (the buyer) alone, under the Lead Exchange Agreement they both sign
• is not a lead generator, list broker, data broker, telemarketer, "seller" or "telephone solicitor", freight broker, or the agent, partner or representative of any user
• never calls, texts or emails carriers about the Marketplace (except one link to confirm an opt-out request made at /optout), and never sells or rents carrier information; the Scout asks the carrier for consent from the Scout's own phone or email
• doesn't own, create or verify the truth of any lead, and doesn't promise any lead will become a customer

Carrier consent. A lead can only be listed after the carrier's authorized representative confirms, on Fr8Desk's consent page, that it agrees to be referred and on which channels it may be contacted. That record travels with the lead. A carrier can revoke at any time from its link or at /optout(anything entered there blocks new listings at once; consents already given are revoked from the one-tap confirmation link sent to a phone or email on the consent record, or at once for a phone no such link can reach); then the listing is withdrawn and a buyer is told to stop. Sellers and buyers remain solely responsible for whether that consent is enough under the TCPA, TSR, CAN-SPAM, the FTSA and every other law that applies to them, and for how they contact the carrier.

Vetting is a convenience, not a warranty. The automatic checks (public FMCSA records, phone and email format, name match, duplicates, the consent record) can be wrong, out of date or simulated, and passing them doesn't mean a lead is accurate, lawful, or a good fit. Do your own checks before you rely on a lead.

Payments. Buyers pay the listed price through Stripe, with no fee on top. Out of each sale, Espinosa Freight Systems LLC keeps a platform fee (the amount shown on the Marketplace when the buyer pays, $1.00 unless we show a different amount) and Stripe deducts its processing cost; the seller receives the rest. The platform fee is returned to the buyer with a full refund. The payment is held for the protection window (at least 72 hours; the buyer sees it at checkout) so a bad lead can be reported, then released to the seller's own connected Stripe account, or refunded when we decide a report is valid. Stripe's terms apply to payments and payouts. Our decision on a report settles the payment on the Marketplace; it doesn't decide anything else between the seller and the buyer, who keep their rights against each other.

Scouts are independent sellers running their own businesses, for themselves. They are not employees, contractors, agents, partners or representatives of Espinosa Freight Systems LLC or of any buyer, are not paid by us (buyers pay them through Stripe), and set their own prices, hours and methods. Each Scout is solely responsible for how it finds and obtains leads, for getting each carrier's consent lawfully and honestly, for everything it tells carriers and buyers, and for its own taxes, licenses and conduct. Rankings, ratings, badges and the verified check are opinions based on Marketplace activity, not endorsements.

Every trade is governed by the Lead Exchange Agreement. We keep signed agreements, consent records, the do-not-contact list and trade records for at least 5 years, and may produce them in a dispute or when the law requires. We may remove listings, hold or refund funds as described there, and suspend or remove any account from the Marketplace for a breach, a pattern of bad-lead reports, or conduct that harms carriers or other users.

What you put into Fr8Desk (your carriers, loads, leads, documents and the rest) belongs to you. You give us permission to store, process and display it only to run Fr8Desk for you, to keep it secure and backed up, and to give you support when you ask for it. Our Privacy Policy explains how we handle personal information.

You confirm you have the right to put that information into Fr8Desk, including information about other people, and that you'll handle it lawfully. You can export your data from Settings while your workspace is open or closed.

Fr8Desk costs $99/month per workspace, plus a payment processing fee shown at checkout, before you pay: on the review step, on Stripe's checkout page with your monthly total, and afterwards in Settings → Billing and on every receipt. The fee covers what Stripe charges us to take your payment plus $1.00 for Fr8Desk's own payment handling. There are no setup fees and no per-seat charges.

You're billed monthly, in advance, through Stripe, starting the day you subscribe (or when any free trial shown at sign-up ends). Your subscription renews every month until you cancel. If a payment fails, Stripe tries again for a while; if it still doesn't go through, your workspace closes.

If we ever change the price, we'll tell the workspace owner at least 30 days before it applies to them.

You can cancel any time from Settings → Billing. We don't give refunds, including for partial months, unused time or a workspace you stopped using. When you cancel, you keep full use of your desk until the end of the month you already paid for; then it closes.

If the law where you live gives you a right to a refund that can't be waived, that right still applies.

We may give free or discounted access, account credits or extra time to anyone, at our sole discretion, and end it with notice. Getting it once doesn't mean you'll get it again.

The public demo (/demo) opens sample accounts (a dispatch company, a Scout and a carrier) filled with made-up data. It's view only: nothing in it can be changed, and nothing you do there is saved. Their people, carriers, brokers, loads, leads and numbers are fictional; any resemblance to a real business is a coincidence.

When a subscription ends, the workspace closes: it becomes read-only for 30 days so you can look things up and export what you need. If you don't reopen it within those 30 days, its database and every uploaded file are deleted for good.

The workspace owner can also delete the workspace from Settings at any time. That deletion is immediate and permanent: the subscription stops, and the data and files can't be recovered by you or by us. Billing records we're required to keep (what was paid and when) are kept without your business data.

Don't use Fr8Desk to:

• break the law, or help anyone else break it
• send spam, or text or call people without the consent the law requires
• upload anything you don't have the right to share, or anything harmful (malware, stolen data)
• try to get into another workspace, test our security without written permission, or overload the service
• copy, resell or rebuild Fr8Desk, or scrape it with automated tools
• mislead people about who you are or about Fr8Desk

If you do, we may suspend or close your account, with notice when we reasonably can.

Some features rely on other companies: Stripe for payments (including Stripe Connect, when you connect your own Stripe account to collect from your carriers), Twilio for texts, Google for sign-in, map and route providers and others listed in our Privacy Policy. Their own terms apply to your use of them. Money you collect through your own Stripe account is between you, your customer and Stripe; Fr8Desk never holds it. We aren't responsible for outages or decisions of those companies.

Fr8Desk, its design, code and name belong to us. While your subscription is active we give you a personal, non-transferable right to use it for your business. If you send us ideas or feedback, we can use them without owing you anything.

To the fullest extent the law allows, Fr8Desk, including the Marketplace, the consent pages, the Lead Exchange Agreement, the payment hold and the messaging guardrails, is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and that anything is lawful for your particular use. We work hard to keep Fr8Desk fast, accurate and available, but we don't promise it will be uninterrupted or error-free, that any estimate, check or vetting result is correct, that any lead is accurate or lawfully obtained, or that using Fr8Desk will make you compliant with any law.

Agreement templates, consent language and compliance features are provided for convenience and are not legal advice. Talk to your own lawyer about your business.

To the fullest extent the law allows, Espinosa Freight Systems LLC and its owners, members, managers, employees and contractors won't be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, loads, customers, data or goodwill, or for any fines, penalties or statutory damages (including under the TCPA, the FTSA or CAN-SPAM) arising from your messages, calls or trades, in each case arising from Fr8Desk, the Marketplace or these Terms, even if we were told they were possible.

Our total liability for all claims about Fr8Desk, the Marketplace or these Terms is limited to the greater of (a) the amount you paid us for Fr8Desk in the 3 months before the event that caused the claim and (b) $100. For a Marketplace trade, our total liability is limited to the amount we hold for that trade. These limits apply whatever the legal theory (contract, tort including negligence, statute or otherwise) and even if a remedy fails of its essential purpose. Some places don't allow some of these limits; there, they apply as far as the law allows.

You will defend, indemnify and hold harmless Espinosa Freight Systems LLC and its owners, members, managers, employees and contractors from and against every claim, demand, suit, investigation, fine, penalty, statutory damage, loss, settlement, cost and expense (including reasonable attorneys' and experts' fees) arising out of or related to:

• any call, text, email or other contact you or anyone in your workspace makes or sends, with or through Fr8Desk or otherwise, including claims under the TCPA, TSR, CAN-SPAM, the FTSA and any other telemarketing, messaging, privacy or do-not-call law
• any lead you list, sell, buy or use on the Marketplace, the consent behind it, and your dealings with the other party and the carrier
• your business, your loads, and your dealings with carriers, drivers, brokers, shippers or customers
• the data you put in, and your breaking these Terms, the Lead Exchange Agreement or the law

We may choose our own counsel and control the defense of any claim against us, at your cost, and you won't settle a claim that admits fault for us or binds us without our written consent. This duty applies even if the claim says we were also at fault, except to the extent a court finally decides the loss was caused by our own willful misconduct.

You can stop using Fr8Desk at any time by canceling and, if you like, deleting your workspace. We can suspend or end your access if you break these Terms, don't pay, or if we stop offering Fr8Desk (in that case we'll give at least 30 days' notice and time to export).

Please read this section carefully. It affects how disputes are resolved and waives your right to a jury trial and to bring or join a class action.

Talk to us first. Before starting arbitration or a lawsuit, the party with a dispute will send the other a written notice describing it and the relief wanted, and both will try in good faith to resolve it for 30 days.

Binding arbitration. Any dispute, claim or controversy between you and Espinosa Freight Systems LLC arising out of or relating to Fr8Desk, the Marketplace or these Terms (including whether this section applies or is enforceable) will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Florida, with hearings by video or in Florida unless both agree otherwise. The Federal Arbitration Act governs this section. The arbitrator may award any individual relief a court could, and judgment on the award may be entered in any court with jurisdiction. If 25 or more similar claims are filed by or with the same counsel, they will be administered in batches as the rules allow.

No class actions. You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative action. The arbitrator may not consolidate claims or award relief to anyone but the individual party. If this class-action waiver is found unenforceable for a claim, that claim (and only that claim) goes to court as described below, and not to arbitration.

Exceptions. Either party may bring an individual claim in small-claims court, and either may ask a court for an injunction to stop misuse of its intellectual property, data or systems, or a breach of confidentiality.

Opting out. You can opt out of this arbitration section within 30 days after you first accept these Terms (or, for an existing account, within 30 days after this section first applies to you), by telling us in writing with your name, account email and a clear statement that you opt out of arbitration. Sign in and use Help → Contact support inside the app. If you can't sign in, use Forgot Password? on the sign-in page first, or ask the owner of your workspace to contact us. Opting out doesn't affect anything else in these Terms.

These Terms are governed by the laws of the State of Florida and, for the arbitration section, the Federal Arbitration Act, without regard to conflict-of-law rules. Any dispute that isn't arbitrated (because of an exception above, an opt-out, or because a court decides it can't be) will be brought only in the state and federal courts located in Florida, and you and we agree to their jurisdiction. To the extent the law allows, you and we waive trial by jury.

These sections survive the end of your account, your subscription or these Terms, however it ends: your data and records we're required or allowed to keep, the Marketplace and Scouts (including payments, the hold and refunds for trades already made, and record keeping), the rules for the messaging tools as to messages already sent, disclaimers, limitation of liability, indemnification, arbitration and class-action waiver, governing law and venue, and any other section that by its nature should survive.

We may update these Terms as Fr8Desk changes. The date at the top always shows the latest version. If a change is significant, we'll tell workspace owners by email or in the app before it takes effect. Using Fr8Desk after that means you accept the new Terms. If these Terms and anything else we've said disagree, these Terms win. If a part of them can't be enforced, the rest still applies.

Questions about these Terms? Sign in and use Help → Contact support inside the app. If you can't sign in, use Forgot Password? on the sign-in page first, or ask the owner of your workspace to contact us.