These Terms of Service ("Terms") are an agreement between Iron Wing Logistics LLC, a Wyoming limited liability company and the operator of Kelevo TMS ("Kelevo TMS," "we," "us," or "our"), and the company, carrier, dispatcher, organization, or other business user that creates an account, starts a trial, purchases a subscription, or otherwise uses Kelevo TMS ("Customer," "you," or "your"). Kelevo TMS is the business-to-business transportation management software service.
By creating an account, using the service, clicking to accept these Terms, starting a subscription, or accessing Kelevo TMS on behalf of an organization, you agree to these Terms and represent that you have authority to bind that organization.
1. The Service
Kelevo TMS helps small carriers and dispatch operations manage loads, import rate confirmations, maintain fleet records, track received payments, and generate owner-operator settlement statements. The service includes the Kelevo TMS web application, public website, support workflows, APIs, hosted infrastructure, document processing, billing integrations, and related features Kelevo TMS makes available from time to time.
Kelevo TMS may update, improve, limit, replace, or discontinue features as the product changes. Kelevo TMS will not materially reduce paid core functionality during a paid subscription period without reasonable notice or an equivalent replacement, unless needed for security, compliance, abuse prevention, or reliability.
2. Accounts And Authority
- You must provide accurate account, company, billing, tax, and contact information and keep it current.
- You are responsible for all activity under your account, including activity by invited users, drivers, dispatchers, accountants, contractors, and administrators.
- You must protect credentials, restrict account access to authorized users, and notify Kelevo TMS promptly if you believe an account has been compromised.
- You are responsible for configuring user roles, access, driver records, settlement settings, accountant recipients, and billing permissions for your organization.
3. Customer Data
"Customer Data" means data, documents, records, text, files, images, emails, load details, driver and equipment records, payment records, settlement details, user information, and other content submitted to or generated through Kelevo TMS by or for Customer.
Customer owns Customer Data. Customer grants Kelevo TMS a limited, worldwide, non-exclusive license to host, copy, process, transmit, display, transform, extract, analyze, and store Customer Data as needed to provide, secure, support, maintain, improve, and troubleshoot the service; comply with law; prevent abuse; and enforce these Terms.
Customer is responsible for the accuracy, legality, completeness, retention, backup, and permitted use of Customer Data. Customer must have all rights, consents, notices, and permissions needed to upload and process information about employees, drivers, owner-operators, contractors, brokers, shippers, consignees, accountants, carriers, vehicles, loads, documents, payments, and settlements.
4. Acceptable Use
You must not, and must not permit anyone else to:
- use Kelevo TMS for unlawful, fraudulent, deceptive, abusive, or harmful activity;
- attempt to bypass authentication, tenant isolation, quotas, billing, or security controls;
- probe, scan, overload, disrupt, scrape, reverse engineer, or interfere with the service;
- upload malware, exploit code, or content that infringes third-party rights;
- misrepresent shipment, payment, rate, settlement, tax, driver, or compliance information;
- use the service to send unlawful, unsolicited, or noncompliant communications; or
- use Kelevo TMS in a way that creates a safety risk or violates transportation laws.
5. AI, OCR, And Document Extraction
Kelevo TMS may use OCR, parsing, machine learning, or AI-assisted workflows to extract and normalize information from rate confirmations, invoices, bills of lading, proofs of delivery, settlement records, emails, and other documents. These features are assistive tools. They may be incomplete, delayed, or incorrect.
Customer must review and approve extracted information before relying on it for dispatch, billing, payment, settlement, tax, accounting, compliance, or other business decisions. Kelevo TMS is not responsible for decisions made from unreviewed or incorrect extracted data.
6. Compliance Responsibilities
Customer is solely responsible for its legal, regulatory, operational, tax, accounting, payroll, insurance, transportation, safety, DOT/FMCSA, broker, shipper, lease, owner-operator, company-driver, document-retention, payment, and settlement obligations. Kelevo TMS provides software tools and records. It does not provide legal, tax, accounting, payroll, factoring, insurance, brokerage, carrier, employment, or regulatory advice.
Customer remains responsible for reviewing all loads, rates, invoices, received payments, deductions, settlement statements, emails, recipients, and documents before sending, filing, paying, collecting, or relying on them.
7. Third-Party Services
Kelevo TMS may integrate with or depend on third-party services such as hosting providers, storage providers, payment processors, tax calculation services, email providers, analytics tools, error tracking tools, AI/OCR providers, mapping providers, and communications providers. Third-party services may be governed by their own terms and policies.
Stripe processes payments and payment methods for Kelevo TMS subscriptions. Kelevo TMS does not store raw card numbers. Customer authorizes Kelevo TMS and its payment processor to process payments, taxes, refunds, subscription changes, failed-payment handling, and billing records as described in the Subscription Terms andRefund and Cancellation Policy.
8. Fees, Taxes, And Subscription Terms
Fees, trials, renewals, taxes, failed payments, plan limits, cancellations, and refunds are governed by these Terms, the Subscription Terms, and theRefund and Cancellation Policy. If there is a conflict, the more specific billing policy controls for billing matters.
9. Suspension And Termination
Kelevo TMS may suspend or restrict access if payment fails, the account is past due, the service is misused, required information is inaccurate, continued access creates security or legal risk, or Customer violates these Terms. When practical, Kelevo TMS will provide notice and a chance to cure. Kelevo TMS may act immediately for security, abuse, fraud, unlawful activity, or risk to the service or other customers.
Customer may stop using Kelevo TMS at any time and may cancel paid subscriptions as described in the Refund and Cancellation Policy. After termination or cancellation, Kelevo TMS may retain Customer Data for a reasonable period for export, backup, security, legal, financial, tax, dispute, audit, or compliance purposes, then delete or de-identify it according to its retention practices.
10. Confidentiality
Each party may receive nonpublic business, technical, operational, financial, security, or product information from the other party. The receiving party must use reasonable care to protect confidential information and may use it only to perform under these Terms, operate the service, comply with law, or exercise legal rights. Customer Data is Customer's confidential information.
11. Warranties And Disclaimers
Kelevo TMS is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Kelevo TMS disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, accuracy, availability, compliance outcome, payment outcome, settlement outcome, or error-free operation.
Kelevo TMS does not guarantee that Customer will obtain broker payment, avoid disputes, comply with any law, satisfy any lease, classify workers correctly, calculate settlements correctly, collect any amount, remit taxes correctly, or avoid chargebacks, penalties, audits, or claims.
12. Limitation Of Liability
To the fullest extent permitted by law, Kelevo TMS will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages; lost revenue; loss of goodwill; loss or corruption of data; business interruption; substitute services; regulatory penalties; payment disputes; settlement disputes; or third-party claims, even if advised of the possibility.
To the fullest extent permitted by law, Kelevo TMS's total aggregate liability arising out of or relating to Kelevo TMS or these Terms will not exceed the fees Customer paid to Kelevo TMS for the service during the three months before the event giving rise to liability, or $100 if Customer has not paid fees.
13. Indemnity
Customer will defend, indemnify, and hold harmless Kelevo TMS and its owners, officers, employees, contractors, vendors, and affiliates from claims, damages, losses, liabilities, penalties, costs, and expenses, including reasonable attorneys' fees, arising from Customer Data; Customer's business operations; misuse of the service; violation of these Terms; or Customer's legal, tax, accounting, payroll, settlement, transportation, safety, employment, lease, payment, or regulatory obligations.
14. Changes To These Terms
Kelevo TMS may update these Terms from time to time. Kelevo TMS will post the updated version with a new effective date. For material changes affecting active paid subscriptions, Kelevo TMS will provide reasonable notice through the service, email, billing notice, or another appropriate method. Continued use after the effective date means Customer accepts the updated Terms.
15. Governing Law And Venue
These Terms are governed by the laws of the State of Wyoming, excluding conflict-of-law rules. The parties consent to exclusive jurisdiction and venue in the state or federal courts located in Wyoming for disputes arising out of or relating to these Terms or Kelevo TMS, unless another forum is required by applicable law.
16. Contact
Questions about these Terms may be sent to info@kelevo.ai.