Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the CapMates platform operated by CapMates, Inc. (“CapMates,” “we,” or “us”). By creating an account, joining the waitlist, or otherwise using the platform, you agree to these Terms.

1. Who we are

CapMates operates a marketplace and trust layer for emergency load recovery in U.S. trucking. We match brokers with vetted capacity carriers (“Caps”) when a load needs to be recovered mid-transit. We are not a motor carrier, freight broker, factoring company, bank, or money transmitter. We do not take title to freight and we do not hold load funds.

2. Eligibility

You must be at least 18 years old and legally authorized to enter contracts on behalf of yourself or your organization. If you are a carrier, you must hold valid active FMCSA operating authority and appropriate cargo and liability insurance. If you are a broker, you must hold valid active broker authority.

3. The marketplace

CapMates facilitates introductions between brokers and Caps. Any contract for the transportation of freight is solely between the broker and the Cap, evidenced by a rate confirmation signed by both parties. CapMates is not a party to that contract.

4. Payments & billing

Load payments flow directly from broker to Cap under the rate confirmation; CapMates does not act as escrow, paymaster, or factor, and never takes title to freight or holds load funds. CapMates charges only its own platform fees, described below.

Broker platform fee. Brokers may dispatch recoveries free for the first three (3) months after account approval. After the trial, CapMates charges a flat platform fee (currently $99) when a Cap accepts a recovery. This is a flat fee, not a percentage of the load.

Cap Premium subscriptions. Caps may purchase an optional Premium membership on a monthly or annual basis. Premium subscriptions automatically renew at the then-current price each billing period until cancelled. You may cancel at any time through the billing portal or by emailing billing@capmates.ai; cancellation stops future renewals, and access continues through the end of the period you have already paid for. Except where required by law, fees already paid are non-refundable. We will give advance notice of any price change.

Payment processing. Card payments are processed by Stripe under its own terms and privacy policy; CapMates does not store full card numbers.

[Counsel to confirm refund/cancellation terms and any state-specific automatic-renewal disclosure requirements before billing goes live.]

5. Vetting and the Cap badge

We perform continuous verification of Caps’ authority, insurance, equipment, and safety record. The “Cap” badge is a representation of current standing only; it is not an endorsement, guarantee, or warranty of any Cap’s performance on any specific load. Brokers remain responsible for their own carrier qualification under applicable law.

6. Disputes

CapMates operates a dispute desk to address payment issues, service failures, and conduct complaints. Repeated violations of platform rules — including but not limited to non-payment, fraud, double-brokering, or insurance lapses — may result in suspension or permanent removal from the platform.

7. Acceptable use

You agree not to: use the platform for any unlawful purpose; misrepresent your identity, authority, or insurance status; attempt to circumvent the dispute or vetting systems; or scrape, copy, or interfere with the platform’s infrastructure.

8. SMS / text message program

CapMates sends operational text messages (the “CapMates Notifications” program) to phone numbers provided by users: account and beta-access notifications, dispatch and recovery alerts, secure recovery-room links, and delivery confirmations. By providing your phone number on the waitlist, at signup, or to a dispatcher coordinating an active load, you consent to receive these messages. Message frequency varies with your activity on the platform — typically a few messages per active recovery. Message and data rates may apply.

Reply STOP at any time to opt out of text messages, or HELP for assistance. You can also reach support at hello@capmates.ai. Opting out of operational texts may limit time-critical features (e.g., recovery alerts and room links). Carriers are not liable for delayed or undelivered messages.

9. Location data & live tracking

When a driver opens an active Recovery Room link and grants location permission, the platform transmits their device position to coordinate the recovery and show live tracking to the broker and Cap. Drivers consent to this sharing by enabling location in the room; sharing occurs only while the room is open and the recovery is active, and stops when the recovery closes. See our Privacy Policy for how location data is handled.

10. Ratings & user content

Brokers may rate Caps after delivery. You are responsible for the accuracy and lawfulness of any rating, review, or other content you submit, and you grant CapMates a non-exclusive, royalty-free license to use, display, and aggregate that content to operate the platform (for example, in a Cap’s public review summary). We may remove content that is false, abusive, or violates these Terms.

11. Intellectual property

The platform, including its software, design, trademarks, and the CapMates name and marks, is owned by CapMates and its licensors. We grant you a limited, non-exclusive, non-transferable license to use the platform for its intended business purpose, subject to these Terms. You may not copy, modify, reverse-engineer, or create derivative works of the platform.

12. Indemnification

You agree to indemnify and hold CapMates harmless from claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your use of the platform, your violation of these Terms, or your contracts, conduct, or freight handling with other participants.

13. Term & termination

You may close your account at any time by contacting us. We may suspend or terminate access for violations of these Terms, non-payment, fraud, insurance lapses, or risk to the platform or its participants. Fees already incurred remain payable; sections that by their nature should survive termination (including payment obligations, disclaimers, limitation of liability, and indemnification) survive.

14. Governing law & dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. [Counsel to confirm governing law, venue, and whether disputes are resolved by binding arbitration or in court, including any class-action waiver, before launch.]

15. Disclaimer of warranties

The platform is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

16. Limitation of liability

To the maximum extent permitted by law, CapMates is not liable for indirect, incidental, consequential, special, or punitive damages. Our aggregate liability arising out of or related to the platform shall not exceed the fees you paid us in the twelve months preceding the claim.

17. Changes to these terms

We may update these Terms. Material changes will be communicated by email or in-product notice. Continued use after changes constitutes acceptance.

18. Contact

Questions about these Terms: legal@capmates.ai.

These Terms are provided as a starting point. Final terms should be reviewed by qualified counsel before launch.