We may update this from time to time; we'll notify account holders of material changes.
Plain-language summary (not part of the contract): TenderProof is a recordkeeping tool for freight brokers. It pulls carrier data from FMCSA and other sources, checks it against criteria you set, and saves a timestamped, tamper-evident record of what you saw and decided. It does not pick, approve, or vouch for carriers — you do. Data is provided “as is.” We don’t promise any legal, insurance, or regulatory outcome. Paid subscription plans with an optional 10-day free trial that auto-converts unless you cancel; cancel anytime. We don’t sell your data. This summary is for convenience; the terms below control.
These Terms of Service (“Terms”) govern your access to and use of the TenderProof software and services (“Service”), provided by Casting Karma LLC (“Company,” “we,” “us”). By creating an account, clicking to accept, or using the Service, you (“you,” “Customer”) agree to these Terms. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and “you” includes that organization.
The Service is a recordkeeping and documentation tool. It (a) retrieves carrier information from FMCSA and third-party sources, (b) evaluates that information against criteria you configure and control, and (c) creates a timestamped, tamper-evident record of what you reviewed and the decisions you made. The Service does not select, approve, certify, rate, qualify, endorse, recommend, vouch for, or warrant any motor carrier, broker, or other party, and does not represent that any carrier is safe, fit, qualified, or suitable for any load or purpose. You are solely responsible for all carrier-selection and load-tendering decisions. The Service is not legal advice and is not a substitute for a licensed attorney.
You acknowledge and agree that TenderProof is a recordkeeping and documentation tool only, and that it is NOT, and must not be relied on as, any of the following: a carrier vetting, approval, selection, qualification, or rating service, or a safety rating of any kind; a recommendation, endorsement, certification, or warranty that any carrier is safe, fit, insured, authorized, or suitable for any load; a broker, freight forwarder, dispatcher, agent, or fiduciary acting for you; an insurer, surety, or guarantor of any carrier, load, or outcome; a law firm, lawyer, or provider of legal advice, and no attorney-client relationship is created; a consumer reporting agency, background-check, or “consumer report” under the Fair Credit Reporting Act (FCRA) — the Service reports business data about motor carriers, not consumer data about individuals, and must not be used for any FCRA-covered purpose; a monitoring, watch, or alerting guarantee (see Section 5A); or the FMCSA, DOT, any court, insurer, or regulator, or affiliated with or endorsed by any of them. You are the sole decision-maker. You alone decide which carriers to use and which loads to tender; TenderProof merely records the diligence you performed and the decision you made. You will independently verify carrier information and exercise your own professional judgment, and you assume all risk arising from your carrier-selection, tendering, and business decisions and from any reliance on the Service or on any data, verdict, record, or notification it provides. No statement by the Service — including any verdict label such as “meets your policy,” “inconclusive,” or “does not meet” — is a representation by us about a carrier; each reflects only a comparison of third-party data against criteria you set and control.
You are responsible for: setting carrier-selection criteria appropriate to your business and legal obligations; reviewing the information presented; making, and documenting the basis for, your own decisions (including any decision to override a flag); the accuracy of the information in your account; maintaining the security of your credentials; and complying with all laws applicable to your brokerage, including FMCSA and DOT requirements.
Carrier, operating-authority, insurance, and safety data are obtained from FMCSA and other third-party sources and are provided “AS IS.” We do not originate, verify, or guarantee that data. It may be incomplete, delayed, out of date, or inaccurate, and it updates on the source’s schedule, not in real time. Each data point is stamped with the date and source from which it was obtained. You should not treat the presence, absence, or timing of any data point as our representation about a carrier.
The Service produces a hashed, timestamped, tamper-evident record of your inputs, the data retrieved, and your decisions. We make commercially reasonable efforts to preserve the integrity and availability of that record. We do not warrant that any record will be admitted into evidence, accepted, credited, or given any particular weight by any court, arbitrator, insurer, regulator, or other party, or that its use will produce any particular litigation, insurance, regulatory, or business outcome. Records are retained for the duration of your subscription and for seven (7) years thereafter (a period intended to align with common statutes of limitation for the underlying claims; you remain responsible for your own retention obligations). You may export your records at any time while your account is active.
The Service may offer optional features that periodically re-check third-party data (such as FMCSA operating-authority and insurance status) for carriers on your records and that send you email notifications — for example, an alert when a carrier’s authority or insurance appears to have changed, or a periodic digest. These features are an optional convenience only. They are not a monitoring, surveillance, or watch service, and they are not a substitute for your own verification of a carrier before and at the time you tender each load. We do not guarantee, and expressly disclaim any warranty, that any alert, notification, or digest will be generated, detected, accurate, complete, timely, delivered, or received. Notifications are sent by email only and depend on third parties — our email provider, your mail servers, spam filters, and the underlying data sources — that are outside our control. A notification may not be generated, may be delayed, may be inaccurate, may be filtered or lost, or may never reach or be seen by you. Detection depends entirely on the third-party data being present, accurate, and current; a change in a carrier’s status may not appear in that data, may appear late, or may not be detected. We have no duty to monitor any carrier and no duty to detect, investigate, or notify you of any change. THE ABSENCE OF AN ALERT IS NOT, AND MUST NOT BE RELIED ON AS, A REPRESENTATION THAT A CARRIER REMAINS AUTHORIZED, INSURED, SAFE, OR OTHERWISE COMPLIANT. You may not rely on the presence, absence, content, or timing of any notification. You remain solely responsible for independently verifying each carrier’s status before and at the time of every tender. You assume all risk arising from the monitoring and notification features, including any failed, delayed, missed, inaccurate, or undelivered alert, and any resulting loss is subject to Sections 11 and 12. Enabling or disabling optional notifications does not change your verification responsibilities. We may add, change, suspend, or discontinue any monitoring or notification feature at any time.
Use of the Service does not create an attorney-client, consultant, broker, or fiduciary relationship. The Service provides general software functionality and document generation based on criteria and inputs you control; it does not provide legal advice and does not practice law. You are responsible for obtaining your own professional advice.
Paid plans are Solo $149/mo · Team $399/mo · Brokerage $699/mo, billed monthly or annually as selected at checkout; annual billing is charged up front at 10× the monthly rate (two months free). New subscriptions may include a free trial (see §7A); otherwise your subscription begins when you subscribe at checkout. Subscriptions renew automatically for the same period until cancelled; you may cancel at any time and cancellation takes effect at the end of the current paid period. If a subscription is cancelled or lapses for non-payment, your account converts to read-only — your sealed records remain retained and exportable. Except where required by law, fees are non-refundable and partial periods are not prorated. You authorize us and our payment processor to charge your payment method for all fees and applicable taxes. We may change pricing or plan features on prospective notice (for subscribers, effective at the next renewal).
New subscriptions may include a 10-day free trial. You provide a valid payment method at signup, which we validate but do not charge during the trial. Unless you cancel before the trial ends, your subscription automatically converts to a paid plan at the end of the 10-day trial and the payment method on file is charged the then-current plan fee, and it renews automatically each period thereafter until cancelled. Before you start the trial we disclose the plan price, billing interval, and the date the first charge will occur, adjacent to the start button. You may cancel at any time during the trial from your account or from the link in any TenderProof email; if you cancel during the trial you are not charged and your access continues through the trial-end date. We will send a reminder before the trial converts, stating the amount, the charge date, and how to cancel. Trials are limited to one per customer or organization. Except where required by law, fees charged after conversion are non-refundable and partial periods are not prorated.
You will not: use the Service unlawfully or to violate any third party’s rights; misrepresent your identity or authority; upload malicious code; probe, scrape, overload, or attempt to circumvent the Service’s security or access controls; reverse-engineer the Service except as permitted by law; resell or provide the Service to third parties except as expressly permitted; or use the Service to build a competing carrier-scoring, rating, or vetting product. You will not use the retrieved carrier data other than for your own carrier-selection recordkeeping.
As between the parties, we own the Service, its software, and all related intellectual property; we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription. You retain ownership of the data and content you input (“Customer Data”); you grant us a license to host, process, and display Customer Data as needed to provide the Service. We may use aggregated, de-identified data that does not identify you or any carrier to operate and improve the Service.
The Service relies on FMCSA and other third-party data sources and on infrastructure providers (see the Privacy Policy). Their availability, accuracy, and terms are outside our control, and we are not responsible for third-party acts, omissions, or outages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE OR ANY DATA WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OWNERS, MEMBERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CARRIER-SELECTION OR TENDERING DECISION, CARRIER CONDUCT, CARGO LOSS, THEFT, ACCIDENT, INJURY, DEATH, PROPERTY DAMAGE, OR LITIGATION, INSURANCE, OR REGULATORY OUTCOME; OR FOR ANY FAILED, DELAYED, MISSED, INACCURATE, OR UNDELIVERED ALERT, NOTIFICATION, OR DIGEST; ANY ERROR, INTERRUPTION, DOWNTIME, DATA LOSS, OR FAILURE OF THE SERVICE OR OF ANY EMAIL OR TRANSMISSION; OR ANY INCOMPLETE, DELAYED, OR INACCURATE THIRD-PARTY DATA — WHETHER OR NOT INFORMED BY, OR RESULTING FROM ANY ACT OR OMISSION OF, THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; there, our liability is limited to the maximum extent permitted.
You will defend, indemnify, and hold harmless the Company and its owners, members, employees, and contractors from any third-party claim, loss, liability, damage, or expense (including reasonable attorneys’ fees) arising out of or related to: your use of the Service; your carrier-selection, tendering, or business decisions; your Customer Data; or your breach of these Terms or of any law.
These Terms apply while you use the Service. We may suspend or terminate access for non-payment, breach, or to comply with law or protect the Service. You may terminate by cancelling and ceasing use. On termination, your right to use the Service ends; for 30 days afterward you may export your records, after which we may delete them subject to Section 5’s retention period and applicable law. Sections that by their nature should survive (including 2, 2A, 4, 5, 5A, 6, 9, 11, 12, 13, 15) survive termination.
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. The parties will resolve any dispute arising out of or relating to the Service or these Terms by final, binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Texas, before one arbitrator; judgment on the award may be entered in any court of competent jurisdiction. Each party waives any right to participate in a class, collective, or representative action. Nothing in this Section prevents either party from seeking injunctive or equitable relief in court to protect intellectual property or confidential information, or from bringing an individual claim in small-claims court. Any claim must be brought within one (1) year after it accrues, to the extent permitted by law.
We may update these Terms; material changes will be posted with a new version and effective date and, for active subscribers, communicated by email or in-app notice. Continued use after the effective date constitutes acceptance. The accepted Terms version and onboarding acknowledgment version are recorded and stamped into each defense file.
These Terms are the entire agreement on this subject and supersede prior agreements. If any provision is unenforceable, the rest remains in effect. We may assign these Terms to an affiliate or in connection with a merger or sale of assets; you may not assign without our consent. No waiver is implied by non-enforcement. Notices to us: legal@tenderproof.io.
Accepted once at setup and versioned into every record. By proceeding you confirm: (a) I am the decision-maker — TenderProof records my diligence; I decide which carriers to use, and TenderProof does not choose, approve, rate, endorse, or recommend any carrier; (b) TenderProof is a recordkeeping tool, not a safety rating and not legal advice; (c) carrier data comes from FMCSA and third parties “as is,” may be incomplete or delayed, and I will use my own judgment; (d) the carrier-selection criteria are my company’s own written standard, which I set and control; (e) any monitoring or alert feature is an optional convenience that I do not rely on — I remain responsible for verifying each carrier myself, and the absence of an alert does not mean a carrier is still authorized or insured.
Contact: support@tenderproof.io · legal@tenderproof.io · Casting Karma LLC.