Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT LIMITATIONS OF LIABILITY, DISCLAIMERS REGARDING SAFETY AND CALCULATIONS, AUTOMATIC-RENEWAL TERMS, AND A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER.

These Terms of Service (“Terms”) are a binding agreement between OVER FRACHT LLC (“OVERFRACHT,” “we,” “us,” or “our”) and the person or entity accessing or using iQLoader (“Customer,” “User,” “you,” or “your”).

If you use iQLoader on behalf of a company, carrier, fleet, employer, or other organization, you represent that you have authority to bind that organization to these Terms.

By creating an account, accessing or using iQLoader, or affirmatively accepting these Terms, you agree to these Terms.

If you do not agree, do not use iQLoader.

1. THE iQLoader SERVICE

iQLoader is a software-based planning and decision-support platform designed to assist users involved in automobile transportation and car-hauler operations.

Depending on the features available to your account, iQLoader may allow users to:

select truck and trailer configurations;
enter vehicles using VIN or vehicle attributes;
visually position vehicles;
adjust platforms and vehicle spacing;
calculate estimated axle loads;
calculate estimated loaded height;
calculate estimated total length;
evaluate vehicle fit;
create alternative load configurations;
account for delivery sequence;
generate loading diagrams;
operate certain functionality offline;
share load plans with other authorized users.

Features may be added, modified, restricted, suspended, or removed over time.

2. ELIGIBILITY

You must be at least 18 years old and legally capable of entering into a binding agreement.

Professional vehicle operation must only be performed by properly authorized, qualified, and licensed persons as required by applicable law.

3. LICENSE

Subject to these Terms and payment of applicable fees, OVERFRACHT grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use iQLoader for your internal business purposes.

No ownership interest in iQLoader or its intellectual property is transferred to you.

4. CRITICAL SAFETY AND CALCULATION DISCLAIMER

iQLoader IS A PLANNING AND DECISION-SUPPORT TOOL ONLY.

iQLoader does not operate a vehicle, inspect a load, weigh a vehicle, physically measure a loaded car hauler, inspect securement devices, inspect equipment, issue permits, certify legal compliance, approve a route, or make the final operational decision for a driver or motor carrier.

All outputs, calculations, diagrams, recommendations, warnings, optimization results, dimensions, vehicle data, axle-load estimates, loaded-height estimates, total-length estimates, clearances, fit determinations, delivery sequencing, route-related information, compliance indicators, and similar information are ESTIMATES AND DECISION-SUPPORT INFORMATION ONLY.

They are based on available information, assumptions, equipment profiles, third-party data, algorithms, and information provided by users.

NO iQLoader OUTPUT IS A CERTIFICATION OR GUARANTEE OF LEGALITY OR SAFETY.

Any display such as:

“LEGAL”
“WITHIN LIMIT”
“SAFE”
“FIT”
a green status indicator, checkmark, warning status, or similar visual indication

means only that the software has compared available information against the parameters or thresholds configured in the system.

It does not constitute:

a governmental determination;
DOT or FMCSA approval;
a legal opinion;
a safety certification;
a permit;
a certified weight;
a certified physical measurement;
a guaranteed bridge or overhead clearance;
a guarantee that operation is lawful in any jurisdiction.

5. USER, DRIVER, AND MOTOR CARRIER RETAIN FULL OPERATIONAL RESPONSIBILITY

The driver and motor carrier remain solely responsible for the final decision whether, when, where, and how to load, secure, route, and operate the vehicle.

Before operating a vehicle, the driver and carrier are responsible for independently verifying all information necessary for safe and lawful operation, including as applicable:

actual truck and trailer configuration;
actual vehicle identity;
actual vehicle dimensions;
actual vehicle weight;
actual gross and axle weights;
actual loaded height;
actual total length;
axle limitations;
equipment manufacturer limits;
platform positions;
vehicle spacing;
load securement;
vehicle condition;
tire, suspension, hydraulic, and mechanical condition;
permits;
applicable federal, state, and local laws;
route restrictions;
bridge and overhead clearances;
road restrictions;
construction;
weather and road conditions.

Users must use appropriate physical measurements, scales, inspection procedures, manufacturer instructions, and other legally or operationally required verification methods.

Where weighing is required or reasonably appropriate, users must verify actual weight using an appropriate scale.

Where actual loaded height is material to route safety, users must physically verify loaded height using an appropriate measurement method.

iQLoader is not a substitute for a pre-trip inspection, physical measurement, weighing, load-securement inspection, route verification, permit review, or professional judgment.

If an iQLoader result conflicts with:

an actual measurement;
scale weight;
physical conditions;
equipment manufacturer instructions;
a permit;
road signage;
governmental requirements;
applicable law;

the actual condition, authoritative source, or legal requirement controls.

WHEN IN DOUBT, DO NOT OPERATE THE VEHICLE UNTIL THE CONDITION HAS BEEN INDEPENDENTLY VERIFIED.

6. VARIABLES THAT MAY AFFECT CALCULATIONS

You acknowledge that actual results may differ from iQLoader estimates for reasons including:

equipment modifications;
aftermarket equipment;
inaccurate VIN or vehicle data;
trim-level differences;
fuel level;
cargo or personal property inside vehicles;
vehicle accessories;
tire size;
suspension position;
hydraulic position;
fifth-wheel position;
vehicle placement;
measurement methodology;
loading angle;
road surface;
equipment wear;
manufacturing tolerances;
inaccurate user input;
unavailable or outdated third-party information.

OVERFRACHT does not guarantee that third-party vehicle or equipment data is complete, current, or error-free.

7. ROUTING AND CLEARANCE FEATURES

If iQLoader offers routing, bridge-clearance, restriction, permit, or compliance functionality now or in the future, such functionality remains decision-support information only.

Road conditions, bridge clearances, construction conditions, temporary restrictions, signage, resurfacing, detours, permit requirements, and legal restrictions may change without notice.

Users must independently verify the route and all applicable clearances and restrictions before and during transportation.

No route generated, displayed, suggested, or evaluated by iQLoader is guaranteed to be legal, available, passable, or safe.

8. NO USE WHILE DRIVING

A driver must not enter data, manipulate load configurations, review detailed diagrams, or otherwise interact with iQLoader while operating a moving vehicle.

Use iQLoader only when safely parked or when operation is performed by another authorized person.

9. ACCOUNT RESPONSIBILITY

You are responsible for:

maintaining accurate account information;
protecting passwords and credentials;
all activity occurring under your account;
ensuring Authorized Users comply with these Terms;
preventing unauthorized access;
promptly notifying OVERFRACHT of suspected unauthorized access.

Accounts and login credentials may not be shared with unauthorized persons.

10. CUSTOMER AND AUTHORIZED USERS

A subscription may permit one or more Authorized Users.

The Customer purchasing the subscription is responsible for all Authorized Users associated with its account.

If a dispatcher, administrator, employee, contractor, driver, or other person uses an account provided by the Customer, the Customer remains responsible for that person's use of iQLoader.

11. USER DATA

You retain ownership of data you lawfully provide to iQLoader.

You grant OVERFRACHT a worldwide, non-exclusive right to host, process, reproduce, transmit, modify, and otherwise use such data solely as necessary to:

provide the Services;
secure the Services;
support users;
comply with law;
improve and develop iQLoader.

You represent that you have the legal right to provide all information submitted to iQLoader.

12. AGGREGATED AND DE-IDENTIFIED DATA

OVERFRACHT may generate aggregated, statistical, or de-identified data from use of the Services.

To the extent such information cannot reasonably identify you or an individual, OVERFRACHT may use such information for:

analytics;
research;
product development;
algorithm improvement;
equipment modeling;
performance analysis;
industry insights.

OVERFRACHT may retain and use such aggregated or de-identified information subject to applicable law.

13. INTELLECTUAL PROPERTY

iQLoader, including its:

software;
algorithms;
optimization logic;
user interface;
workflows;
equipment models;
platform geometry;
databases;
graphics;
diagrams;
trademarks;
text;
documentation;
design;
proprietary methodologies;

is owned by or licensed to OVERFRACHT and is protected by intellectual-property laws.

Except as expressly permitted, you may not:

copy;
reproduce;
modify;
distribute;
sell;
sublicense;
reverse engineer;
decompile;
disassemble;
scrape;
extract databases;
circumvent security;
recreate proprietary equipment geometry;
use iQLoader to develop or train a competing service;
permit unauthorized third parties to access iQLoader.

14. FEEDBACK

If you provide ideas, suggestions, improvement requests, or other feedback, you grant OVERFRACHT a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation.

15. PROHIBITED USE

You may not use iQLoader:

unlawfully;
fraudulently;
to bypass transportation laws or safety requirements;
to falsify measurements or regulatory records;
to gain unauthorized access to systems;
to introduce malicious code;
to interfere with the Services;
to access another user's data without authorization;
to misrepresent an iQLoader estimate as a governmental or certified measurement;
in any way that creates unreasonable risk to persons or property.

16. FREE TRIAL

Eligible users may receive a 30-day free trial.

No credit card is required for the standard free trial unless expressly stated otherwise during signup.

Because the no-card trial does not include payment authorization, it does not automatically convert into a paid subscription merely because the 30-day period expires.

At the end of the trial, access may be restricted or suspended unless the Customer affirmatively selects and purchases a paid subscription.

OVERFRACHT may modify eligibility for future trials or prevent repeated or abusive trial registrations.

17. SUBSCRIPTION PLANS AND PRICING

Unless otherwise stated at the time of ordering, iQLoader may offer different subscription plans. The current standard price is posted on the Site. Taxes may apply. In the event of any discrepancy, the price, billing period, trial terms, and included access displayed at checkout at the time of purchase will control.

Features, pricing and availability of pending plans are subject to change prior to commercial release.

OVERFRACHT may change subscription plans, pricing, included features or trial periods from time to time.

For plans marked as “Coming Soon”, “Pending” or similar, the listed features and prices are for informational purposes only and are not binding until the applicable plan is commercially released and offered for purchase.

For active paid subscriptions, recurring payments and renewals remain subject to Sections 18–21 of these Terms.

18. AUTOMATIC RENEWAL

PAID SUBSCRIPTIONS AUTOMATICALLY RENEW UNTIL CANCELED.

For a monthly subscription:

Your subscription renews each month and the applicable recurring monthly charge will be billed unless you cancel before the next renewal.

For an annual subscription:

Your subscription renews annually and the applicable annual subscription charge will be billed unless you cancel before renewal.

By purchasing a paid subscription and affirmatively accepting the recurring-payment terms presented at checkout, you authorize OVERFRACHT and its payment processor to charge the applicable recurring subscription fee, taxes, and authorized additional-user fees to your selected payment method until cancellation.

We will provide renewal notices and reminders where required by applicable law.

19. CANCELLATION

You may cancel automatic renewal at any time.

If you subscribed online, an online cancellation method will be available through your account or another readily accessible electronic cancellation mechanism.

Cancellation stops future renewal charges.

Unless otherwise required by law:

cancellation does not retroactively cancel a charge already incurred;
monthly subscriptions remain active through the end of the current paid monthly period;
annual subscriptions remain active through the end of the current paid annual period;
cancellation does not create a right to a prorated refund.

If you experience difficulty cancelling online, you may contact:

support@overfracht.com

or use another cancellation method identified in your account or billing acknowledgment.

20. REFUND POLICY

Except where required by applicable law or expressly stated otherwise:

ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE ONCE CHARGED.

For monthly subscriptions:

There are no refunds or credits for partially used months.

For annual subscriptions:

There are no prorated refunds for unused months remaining in the annual subscription term after cancellation.

Cancellation prevents the next automatic renewal but does not refund the current paid term.

Nothing in this section limits any refund right that cannot legally be waived.

OVERFRACHT may issue a discretionary refund, credit, or adjustment in individual circumstances. Doing so does not create an obligation to provide similar refunds in the future.

Duplicate charges or verified billing errors should be reported promptly to support@overfracht.com.

21. SUBSCRIPTION CHANGES AND PRICE CHANGES

OVERFRACHT may change pricing or subscription features from time to time.

Changes generally apply at a future renewal or as otherwise disclosed.

We will provide advance notice of price changes or material changes where required by applicable law.

If you do not agree to a future price change, you may cancel before the change becomes effective.

22. PAYMENT FAILURE

If a payment cannot be processed, OVERFRACHT may:

retry payment;
notify you;
restrict functionality;
suspend the account;
terminate the subscription.

You remain responsible for properly incurred unpaid amounts.

23. TAXES

Fees do not include applicable sales, use, excise, VAT, or similar taxes unless expressly stated.

You are responsible for applicable taxes other than taxes based on OVERFRACHT's net income.

24. THIRD-PARTY SERVICES AND DATA

iQLoader may rely upon or integrate with third-party products, APIs, VIN-data providers, mapping services, payment providers, cloud infrastructure, or transportation platforms.

OVERFRACHT does not control third-party services and does not guarantee their:

availability;
accuracy;
completeness;
timeliness;
security;
continued compatibility.

Third-party services may be governed by separate terms and privacy policies.

25. SERVICE AVAILABILITY

OVERFRACHT does not guarantee uninterrupted availability.

iQLoader may be unavailable due to:

maintenance;
software updates;
technical failures;
third-party outages;
internet or cellular failure;
security incidents;
force majeure;
infrastructure issues.

Offline functionality may be limited and may depend on information previously downloaded or stored on the device.

26. SERVICE CHANGES

OVERFRACHT may modify, improve, update, add, restrict, or discontinue features.

Not all features displayed in marketing materials, demonstrations, roadmaps, previews, or development plans are guaranteed to become available.

“Coming Soon,” roadmap, beta, preview, or similar descriptions are informational and do not create a contractual obligation to deliver a feature by any particular date.

27. BETA OR PREVIEW FEATURES

Features designated beta, preview, experimental, pilot, early-access, or similar may be incomplete and may contain errors.

Such functionality is provided for evaluation and may be modified or removed at any time.

28. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, iQLoader AND ALL RELATED INFORMATION, OUTPUTS, CALCULATIONS, RECOMMENDATIONS, DATA, AND SERVICES ARE PROVIDED:

“AS IS”
“AS AVAILABLE”
“WITH ALL FAULTS.”

OVERFRACHT DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
TITLE;
NON-INFRINGEMENT;
ACCURACY;
COMPLETENESS;
RELIABILITY;
AVAILABILITY;
LEGAL COMPLIANCE;
SAFETY.

OVERFRACHT DOES NOT WARRANT THAT:

A LOAD WILL FIT;
CALCULATIONS WILL MATCH ACTUAL MEASUREMENTS;
A VEHICLE OR LOAD WILL BE LEGAL;
A ROUTE WILL BE SAFE OR PASSABLE;
A BRIDGE OR OVERHEAD STRUCTURE WILL PROVIDE SUFFICIENT CLEARANCE;
AXLE OR GROSS WEIGHT WILL COMPLY WITH LAW;
A VEHICLE WILL BE FREE FROM DAMAGE;
LOAD SECUREMENT WILL BE ADEQUATE;
USE OF THE SERVICE WILL PREVENT ACCIDENTS, CITATIONS, CLAIMS, OR FINES;
THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

29. ASSUMPTION OF OPERATIONAL RISK

You acknowledge that motor-vehicle transportation and car-hauler loading involve inherent operational risks.

You voluntarily assume responsibility for decisions made in connection with your transportation operations, including decisions informed in whole or in part by iQLoader.

The availability of an iQLoader recommendation does not eliminate or reduce your obligation to exercise independent professional judgment.

30. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OVERFRACHT AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

INDIRECT;
INCIDENTAL;
SPECIAL;
EXEMPLARY;
PUNITIVE;
CONSEQUENTIAL;

DAMAGES OR LOSSES, INCLUDING:

LOST PROFITS;
LOST REVENUE;
LOST LOADS;
MISSED VEHICLES;
LOST BUSINESS;
LOSS OF USE;
LOSS OF DATA;
BUSINESS INTERRUPTION;
DELAY;
EXTRA MILEAGE;
FUEL COST;
DRIVER TIME;
DISPATCHER TIME;
EQUIPMENT DAMAGE;
VEHICLE OR CARGO DAMAGE;
TOWING COST;
FINES;
TICKETS;
PENALTIES;
PERMIT COST;
OVERWEIGHT OR OVERHEIGHT VIOLATIONS;
ROUTE OR CLEARANCE INCIDENTS;
BRIDGE OR STRUCTURE STRIKES;
INSURANCE CLAIMS;
THIRD-PARTY CLAIMS;

ARISING FROM OR RELATED TO USE OF OR RELIANCE ON iQLoader, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OVERFRACHT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO OVERFRACHT FOR iQLoader BY THE CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IF NO FEES WERE PAID, OVERFRACHT'S AGGREGATE LIABILITY SHALL NOT EXCEED US $100.

These limitations apply regardless of legal theory, including contract, tort, negligence, strict liability, or otherwise, to the extent permitted by law.

Nothing in these Terms excludes or limits liability that applicable law prohibits from being excluded or limited.

31. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless OVERFRACHT and its affiliates, officers, owners, directors, employees, contractors, licensors, and service providers from third-party claims, liabilities, losses, damages, judgments, penalties, fines, and reasonable attorneys' fees arising from or relating to:

your use or misuse of iQLoader;
your transportation operations;
loading or unloading;
load securement;
vehicle positioning;
axle weight;
height or length;
route selection;
bridge or clearance incidents;
collisions;
property damage;
cargo or vehicle damage;
regulatory violations;
permits;
actions of your drivers, dispatchers, employees, or contractors;
information you submit;
violation of these Terms;
violation of law;
infringement of third-party rights.

This obligation does not apply to the extent a claim is caused by conduct for which indemnification cannot lawfully be required.

32. CUSTOMER INSURANCE AND REGULATORY RESPONSIBILITY

You are responsible for maintaining all insurance, operating authority, licenses, registrations, permits, and regulatory compliance required for your business and transportation operations.

iQLoader is not insurance and does not replace required insurance, safety programs, inspections, or compliance procedures.

33. SUSPENSION AND TERMINATION

OVERFRACHT may suspend or terminate access if we reasonably believe:

you violated these Terms;
payment is overdue;
your account creates security risk;
your use threatens persons, property, or systems;
use may violate law;
activity is fraudulent or abusive;
suspension is necessary to protect iQLoader or third parties.

Where appropriate, we may provide notice and an opportunity to cure.

34. EFFECT OF TERMINATION

Upon termination:

your right to use iQLoader ends;
unpaid fees remain due;
provisions intended to survive termination remain effective.

Data will be retained or deleted in accordance with our Privacy Policy and applicable law.

You are responsible for exporting information you need before termination where export functionality is available.

35. PRIVACY

Use of personal information is governed by the iQLoader Privacy Policy.

36. DISPUTE RESOLUTION — INFORMAL RESOLUTION FIRST

Before filing arbitration or litigation, the complaining party must provide written notice describing:

the dispute;
relevant facts;
requested relief.

The parties will attempt in good faith to resolve the dispute for at least thirty (30) days after receipt of notice.

Notices to OVERFRACHT must be sent to:

support@overfracht.com

37. BINDING INDIVIDUAL ARBITRATION

EXCEPT FOR CLAIMS ELIGIBLE FOR SMALL CLAIMS COURT AND CLAIMS SEEKING INJUNCTIVE RELIEF FOR MISUSE OR INFRINGEMENT OF INTELLECTUAL PROPERTY, ANY DISPUTE ARISING OUT OF OR RELATING TO iQLoader OR THESE TERMS SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION.

Arbitration shall be administered by the American Arbitration Association (“AAA”) under the rules applicable to the nature of the dispute.

If applicable consumer law requires use of consumer arbitration rules, the AAA Consumer Arbitration Rules shall apply. Otherwise, the AAA Commercial Arbitration Rules shall apply.

38. CLASS ACTION AND JURY TRIAL WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

YOU AND OVERFRACHT AGREE THAT CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

NEITHER PARTY WILL PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.

YOU AND OVERFRACHT EACH WAIVE THE RIGHT TO A JURY TRIAL FOR DISPUTES SUBJECT TO ARBITRATION.

If applicable law prohibits enforcement of a particular waiver, that waiver will be limited only to the extent necessary, and the remainder of this dispute-resolution section will remain effective where permitted.

39. GOVERNING LAW

Except where federal law controls or applicable law requires otherwise, these Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules.

For disputes not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the appropriate state or federal courts located in Orange County, California, except where applicable law requires another venue.

40. CHANGES TO THESE TERMS

We may update these Terms.

Material changes will be communicated as required by law.

Changes generally apply prospectively.

If a change materially affects an automatically renewing subscription, we will provide any notice and cancellation information required by applicable law.

41. ELECTRONIC COMMUNICATIONS

You consent to receive legally permitted service-related notices electronically, including:

account notices;
receipts;
billing notices;
renewal notices;
security notices;
changes to Terms;
changes to subscription pricing.

You are responsible for maintaining a current email address.

42. ASSIGNMENT

You may not assign these Terms without OVERFRACHT's written consent.

OVERFRACHT may assign these Terms in connection with a merger, acquisition, restructuring, financing, sale of assets, or similar transaction, subject to applicable law.

43. FORCE MAJEURE

OVERFRACHT is not responsible for delay or failure caused by circumstances beyond its reasonable control, including:

natural disasters;
internet outages;
telecommunications failures;
utility failures;
government action;
war;
civil unrest;
labor disruption;
third-party infrastructure failure;
cyberattack;
acts of God.

44. SEVERABILITY

If any provision is held unenforceable, it shall be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

45. NO WAIVER

Failure to enforce a provision does not waive the right to enforce it later.

46. ENTIRE AGREEMENT

These Terms, the Privacy Policy, applicable order or checkout terms, and any written agreement expressly incorporated by reference constitute the entire agreement regarding iQLoader.

If a separately executed enterprise agreement conflicts with these Terms, the executed enterprise agreement controls to the extent of the conflict.