Broker / Customer Terms of Service

By creating a brokerage account on DispatchHQ, accessing the broker dashboard, or otherwise using the DispatchHQ platform (the “Service”), you (“Customer” or “you”) on behalf of the brokerage entity you represent agree to be bound by these Terms of Service (this “Agreement”) between Customer and 1 Stop Resolutions LLC, a Florida limited liability company doing business as DispatchHQ (“DispatchHQ”, “we”, or “us”).

The individual accepting this Agreement represents and warrants that they have authority to bind the brokerage entity.

DispatchHQ is a software-as-a-service platform that lets a freight brokerage, motor carrier, or freight forwarder post loads, dispatch them to carriers, exchange messages, generate rate confirmations, and track shipments.

DispatchHQ is not a motor carrier, freight broker, or freight forwarder under 49 USC § 13102. DispatchHQ does not arrange the transportation of property as a principal or agent for compensation, does not tender loads to carriers under its own authority, does not hold freight broker authority under 49 CFR Part 365, does not maintain a BMC-84 surety bond or BMC-85 trust, and does not collect or remit freight charges. DispatchHQ's role is solely that of a technology provider; Customer is at all times the contracting party with both shippers and motor carriers.

Customer represents, warrants, and covenants on a continuing basis that:

• Customer holds, in good standing, all federal, state, and local authorities required for its activities — including, where applicable, FMCSA broker authority under 49 CFR Part 365, motor carrier operating authority, and/or freight forwarder authority;
• Customer maintains all financial-responsibility instruments required by 49 CFR Part 387 (including a BMC-84 surety bond or BMC-85 trust if operating as a broker);
• Customer complies with 49 CFR Part 371 (broker recordkeeping, written agreements, disclosure of compensation) and all other applicable federal, state, and local transportation laws;
• Customer is solely responsible for vetting carriers it dispatches via the Service, including verifying authority, insurance, and safety ratings on FMCSA SAFER prior to dispatch;
• Every rate confirmation generated through the Service is issued by Customer in Customer's own name; the contracting parties on each load are Customer and the carrier, not DispatchHQ;
• Customer pays carriers directly per Customer's own terms; DispatchHQ never holds, receives, or remits any portion of the freight charges.

Customer agrees to indemnify, defend, and hold DispatchHQ harmless from any claim, enforcement action, fine, or loss arising out of Customer's failure to maintain required authority or comply with this Section 3.

The Service is provided to Customer under a flat-fee software subscription, billed monthly or annually as specified in the order form or sign-up flow. Subscription pricing is for software access only. DispatchHQ does not charge per load, per shipment, per booked rate, or as a percentage of any freight charge. DispatchHQ does not collect, hold, or remit funds on behalf of Customer, shippers, or carriers, and the Service is not a payment-processing or money-transmission product.

Subscription fees are non-refundable except where required by law. Customer is responsible for any applicable taxes other than DispatchHQ's net-income taxes.

Customer owns the loads, rate confirmations, carrier records, and other data it inputs to the Service (“Customer Data”). Customer grants DispatchHQ a non-exclusive license to host, transmit, and process Customer Data solely to operate the Service.

Customer is solely responsible for the accuracy of load postings, rate confirmations, and carrier-facing messages sent through the Service. Customer is responsible for obtaining and maintaining all required carrier consents (TCPA, written agreements under 49 CFR § 371.3) before dispatching loads through the platform.

DispatchHQ will not access Customer Data except as needed to provide and improve the Service or as required by law. DispatchHQ does not sell Customer Data.

Customer agrees it will not use the Service to:

• operate without the FMCSA, state, or local authority required for its activities;
• send unsolicited SMS or email to carriers without prior express written consent under the TCPA;
• impersonate a different brokerage, hold itself out as DispatchHQ, or list a load on behalf of an entity that has not authorized it to do so;
• arrange transportation of household goods, hazardous materials, or other regulated commodities without holding the additional authority and insurance required for those commodities;
• scrape, mirror, or resell the Service or carrier data accessed through the Service.

DispatchHQ targets high availability but does not guarantee uninterrupted access. Planned maintenance windows, third-party infrastructure incidents (Render, Twilio, Postgres, tile/map providers), and unforeseen outages may temporarily affect availability. Customer is responsible for maintaining a fallback dispatch process for time-critical loads.

Either party may terminate this Agreement for convenience at the end of any billing period with at least 30 days written notice. DispatchHQ may suspend the Service immediately and without prior notice if Customer fails to pay subscription fees, breaches Section 3 (Authority and Compliance), violates Section 6 (Acceptable Use), or creates a material risk to DispatchHQ, other customers, or carriers on the platform.

Upon termination, Customer may export Customer Data in a structured format for 30 days, after which DispatchHQ may delete it (subject to audit-log retention required by law).

The Service is provided “as is” and “as available”. DispatchHQ disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. DispatchHQ does not warrant that any particular carrier surfaced through the Service is compliant, solvent, or available; verifying carriers is Customer's responsibility under Section 3.

To the fullest extent permitted by law, DispatchHQ will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost cargo, freight claims, detention, or business interruption, arising out of or related to the Service.

DispatchHQ's aggregate liability to Customer under this Agreement, regardless of theory, will not exceed the subscription fees Customer actually paid to DispatchHQ in the twelve (12) months immediately preceding the claim.

Customer will indemnify, defend, and hold DispatchHQ harmless from any third-party claim (including from shippers, carriers, drivers, regulators, or insurers) arising out of: (a) Customer's failure to hold or maintain required authority or insurance; (b) the underlying transportation contract between Customer and a carrier; (c) any cargo claim, payment dispute, detention, or accessorial dispute; (d) Customer's breach of this Agreement; or (e) Customer's violation of any applicable law including the TCPA.

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Customer waives the right to bring or participate in a class action, class arbitration, or representative action.

This Agreement is governed by the laws of the State of Florida, USA, without regard to conflict-of-laws principles. Disputes not subject to arbitration will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida.

DispatchHQ may update this Agreement by publishing a new version at this URL with an updated version string. Material changes will be communicated to the Customer's primary contact email at least 30 days before they take effect.

Questions about these Terms? Email dispatchhq@dispatchhq.live.