Last modified on: January 29, 2024 
1.    Terms
1.1.    These terms of use are entered into by and between you (the "User" or “Authorized User”) and Maxton Shipping, Inc. dba Skypace (the "Company," "we," or "us"). The following terms and conditions, together with any documents incorporated here by reference (collectively, "Terms of Use"), govern your access to and use of the Platform located at https://www.skypace.com/ (the "Platform"), including any content, functionality, and services offered on or through the Platform. 
1.2.    Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, Terms of Service (as defined below), Privacy Policy (as defined below), incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use the Platform.  
1.3.    Company shall provide access to the Platform that facilitates the freight forwarding services provided to the User, including but not limited to, the arrangement and management of transportation, logistics support, cargo handling, and associated administrative tasks. The Platform is owned by Freightune LLC, a Texas limited liability company. Our Platform facilitates these services by providing a user-interface and functionality for booking, tracking, managing freight operations, payments, and intercommunication with the Company and other users of the Platform affiliated with the User’s account. We ensure adherence to industry standards and compliance with relevant regulations in executing all freight forwarding activities. 
1.4.    The services are accessible through various avenues in the internet, Electronic Data Interchange, Application Programming Interface integrated with third-party service providers, and data providers, including  document transformation, and other specialized software tools that facilitate the freight forwarding services provided to the User. 
2.    Changes to the Terms of Use
2.1.    We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in Arbitration (see below) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform.
2.2.    Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3.    Access to the Platform. To create of User’s account on the Platform (the “Account”), User shall enter on the Platform email address, first name, and last name of User’s authorized representative requesting an Account. For the purpose of these Terms of Use Account shall mean secure location on a Platform established by Provider that requires Use and its Authorized Users to enter a password to access the information and Services provided by Company.
3.1.    Within seventy two (72) hours from the receipt of information on the Platform, Company shall dispatch an electronic confirmation link to the User’s email address (the "Link").
3.2.    Activation of the Link by the User shall constitute successful registration of the Account
3.3.    User shall choose a secure password after the successful registration of its Account. User undertakes to keep secret its password and any other details relating to the use of the Platform in order to carefully secure access to its Account.
4.    Information and Documents  Required for Verification 
4.1.    Upon activation of the Link, User shall add information about the organization requesting Services and attach the supporting documents by filling out the form with the following information: 
4.1.1.    Organization’s name;
4.1.2.    Industry;
4.1.3.    Line of business: Freight Forwarder (FF), Beneficial Cargo Owner (BCO), NVOCC;
4.1.4.    Address;
4.1.5.    Phone;
4.1.6.    Organization’s email address;
4.1.7.    Tax ID;
4.1.8.    REG number;
4.1.9.    Membership in freight forwarders networks; 
and attach the following documents:
4.1.10.    Business License 
4.1.11.    Tax Registration 
4.1.12.    Confirmation of organization’s identity (i.e. utility bill, business card); and
4.1.13.    Any other documentation that User believes expedites the process of verification. 
5.    Know Your Customer (“KYC”) and Account Activation 
5.1.    Company conducts  verification of Users in accordance with KYC process  established in the Company within three (3) Business Days from the day of submission  of the necessary information and accompanying documentation listed above. Be advised that the KYC verification may be undertaken by a third-party service provider. For detailed insights into the handling, usage, and transfer of data collected during the Account registration, parties are directed to consult our privacy policy which is available on our website at https://www.skypace.com/ (the “Privacy Policy”). “Business Day” means any day other than a Saturday, a Sunday or any other day on which banks in San Francisco, California may, or required to, remain closed.
5.2.    Following the conclusion of the verification process, User will be informed of the verification outcome and the status of their Account through a confirmation email. 
5.3.    Upon Account verification and activation User’s Account administrator may authorize  creation of the sub-accounts (the “Sub-Accounts”) for its contractors, employees, and agents (the “Authorized Users”).
6.    Accessing the Platform and Account Security
6.1.    We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
6.2.    You agree to: (a) provide true, accurate, current and complete information about You when registering for an Account; (b) maintain and promptly update your Account to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services. 
6.3.    You represent and warrant that you will: (a) maintain the security of your user identification, password and other confidential information relating to your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Platform; (c) be responsible for all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying us in writing of such use as defined in Section 17 and taking steps to prevent its further occurrence by changing your password; (d) comply with these Terms of Use; and (e) comply with all applicable U.S. and international laws as applicable, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Platform and Services. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
6.4.    We reserve the right to withdraw or amend any rights of the User by the means of revision of these Terms of Use. 
6.5.    To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy at https://www.skypace.com/ , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
7.    Prohibited Use
7.1.    User shall be prohibited from using mechanisms, software or other scripts in conjunction with the use of the Platform that may negatively impact or disrupt the functions of the Platform.
7.2.    User shall be prohibited from taking measures that may result in an unreasonable or excessive load on the Platform, or on the technical infrastructure associated with it.
7.3.    User shall be prohibited from blocking the content generated by the Platform, overwriting it, modifying it or tampering with it in any other way which may have an adverse effect on the content or functions of the Platform.
7.4.    Except as permitted under these Terms of Use, the content stored on the Platform may not be copied, in particular:
7.4.1.    User shall not engage in unauthorized copying, reproduction, distribution, or modification of any content stored on the Platform, unless explicitly allowed by the Terms of Use or with prior written consent from the Company. Any such unauthorized actions constitute a breach of these Terms of Use.
7.4.2.    User is expressly prohibited from utilizing the Company's intellectual property or content for commercial purposes without obtaining explicit written permission. This includes, but is not limited to, selling, sublicensing, or exploiting the content for monetary gain.
7.4.3.    User agrees to take reasonable measures to prevent unauthorized access to the Company's intellectual property. This includes safeguarding Account credentials, refraining from accessing restricted areas of the Platform, and abstaining from attempting to bypass security measures.
8.    Intellectual Property Rights
8.1.    The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2.    Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform for the intended use, solely as expressly permitted by these Terms of Use and subject to all the terms and conditions of these Terms of Use, all applicable intellectual property laws.
8.3.    You must not use Company’s intellectual property without the prior written permission of the Company. 
9.    User Contributions
9.1.    The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, and other interactive features (collectively, "Interactive Services") that allow You to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Contributions") on or through the Platform.
9.2.    All User Contributions must comply with these Terms of Use.
9.3.    Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.
9.4.    You represent and warrant that:
9.4.1.    You own or control all rights in and to the User Contributions and  grant the license to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns.
9.4.2.    All of your User Contributions do and will comply with these Terms of Use.
9.4.3.    You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
9.4.4.    We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
10.    Monitoring and Enforcement; Termination. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
11.    Disclaimer of Warranties
11.1.    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
11.2.    YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 
11.3.    Company makes every effort to ensure the accuracy and timeliness of information provided in its Booking Services. However, users should be aware that dates and requirements stated within these services may contain inaccuracies or not reflect the most current information. These inaccuracies may result from information provided by carriers, third parties, or other external sources involved in our service. Company expressly disclaims any liability for errors, inaccuracies, or omissions in such information. Users are responsible for independently verifying all relevant details, particularly those related to dates and service requirements, with respective carriers or third-party providers. By utilizing our services, users acknowledge and accept that any reliance on the accuracy of such information is at their own risk and that Company shall not be held liable for any inaccuracies therein.
11.4.    You understand that any service offered by Company is subject to the successful completion of prior verification procedures by You.  All quotes regarding freight are valid for 30 days unless specifically specified otherwise herein. All charges, fees, commissions and tolls are subject to change.
11.5.    TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
11.6.    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12.    Limitation on Liability
12.1.    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 
12.2.    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13.    Indemnification. User agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to User’s and its Authorized Users violation of these Terms of Use or their use of the Platform, including, but not limited to any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.
14.    Arbitration 
14.1.    If You are located in the United States, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively by the American Arbitration Association (or any like organization successor thereto) in the courts of the city of San Francisco, California, in accordance with the American Arbitration Association’s Commercial Arbitration Rules. Each of the parties to these Terms of Use hereby agrees and consents to such venue and waives any objection thereto. The arbitrability of any such dispute, claim or controversy shall likewise be determined in such arbitration.
14.2.    If You are located in any European country, including the EU, EEA, and United Kingdom, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively by the London Court of International Arbitration (the “LCIA Rules”), which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London. The language to be used in the arbitral proceedings shall be English.    
14.3.    If You are located in any of the country of Asia, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively by the Hong Kong International Arbitration Center (the “HKIAC”) in accordance with the Hong Kong Arbitration Ordinance for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be in the City of Hong Kong. The number of arbitrators shall be one. The language of the arbitration shall be English. 
15.    Waiver and Severability
15.1.    No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
15.2.    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 
16.    Entire Agreement. These Terms of Use, Terms of Service, and Privacy Policy, constitute the sole and entire agreement between You and Us regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform. 
17.    Notices. For purposes of these Terms of Use, notices and all other communications provided for in these Terms of Use shall be deliver to the Company in writing and shall be deemed to have been duly given (a) on the date of delivery, if delivered by hand, (b) on the date of transmission, if delivered by confirmed facsimile or electronic mail, provided that if User’s email includes information about the violation of the Sections 6 and 8 of these Terms of Use, on the date of receipt of confirmatory electronic mail from the Company (c) on the first business day following the date of deposit, if delivered by guaranteed overnight delivery service, or (d) on the fourth business day following the date delivered or mailed by United States registered or certified mail, return receipt requested, postage prepaid, addressed, sent at the address (or to the facsimile number) shown in the books and records of the Company, and if to the Company at its principal executive office, or to such other address as either party may have furnished to the other in writing in accordance herewith, except that notices of change of address shall be effective only upon receipt. 
18.    Your Comments and Concerns
18.1.    This Platform is operated by Maxton Shipping Inc., a California corporation, located at 3555 Cincinnati Ave., Rocklin, CA, 95765.
18.2.    All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: legal@skypace.com .