Terms of Service

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") govern your access to and use of the BulkInsights data analytics and insights platform, including the website, APIs, dashboards, reports, and all related services (collectively, the "Platform"), operated by BulkInsights, LLC ("BulkInsights," "we," "us," or "our").

By creating an account, subscribing to a data product, accessing an API, or otherwise using the Platform, you ("Subscriber," "you," or "your") agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

2. DEFINITIONS

"Affiliated Entities" means BulkTMS, LLC, Smart Freight Funding, LLC (d/b/a Smart Freight Factoring), Bulk Loads Now, LLC (d/b/a BulkLoads), and any entity that directly or indirectly controls, is controlled by, or is under common control with BulkInsights.

"Aggregated Data" means data that has been compiled from multiple sources, aggregated, and de-identified such that it does not identify any individual person, company, or transaction. Aggregated Data is the primary product of the BulkInsights Platform.

"API" means the application programming interfaces provided by BulkInsights for programmatic access to Data Products.

"Data Products" means the analytics, reports, dashboards, data feeds, indices, benchmarks, and other information products made available through the Platform.

"Derived Works" means any analysis, report, model, visualization, or other work created by Subscriber using Data Products as an input or basis.

"Source Data" means the raw, underlying data collected by Affiliated Entities from their respective platforms and services, before aggregation and de-identification by BulkInsights.

"Subscriber Data" means information submitted by Subscriber through the Platform, including account information and query/usage data.

3. THE PLATFORM

3.1 Description

BulkInsights provides data analytics, market intelligence, and insights derived from the bulk freight transportation ecosystem. Data Products are created by aggregating and de-identifying operational data from Affiliated Entities' platforms, including BulkLoads (load board marketplace) and Smart Freight Factoring (freight factoring), as well as from publicly available sources.

3.2 Data Sources

Subscriber acknowledges that Data Products are derived from:

(a) Aggregated platform data from Affiliated Entities' users, which has been de-identified so that no individual user, shipper, carrier, or transaction can be identified

(b) Publicly available data from government sources (e.g., USDA, FMCSA, DOT) and industry publications

(c) Third-party data licensed from external providers, subject to applicable terms

(d) BulkInsights proprietary models that generate derived metrics, forecasts, and indices

Nothing in this section transfers ownership of original Content from the user to BulkInsights or affiliated entities.

3.3 De-Identification Standards

All data derived from Affiliated Entity platforms undergoes de-identification before inclusion in Data Products. BulkInsights's de-identification process ensures that:

(a) No individual person, company, carrier, or shipper can be identified from the Data Products

(b) Transaction-level data is aggregated to a minimum threshold before inclusion

(c) Geographic data is aggregated to regional or lane-level granularity

(d) Rate data is presented as lows, averages, and highs

4. SUBSCRIPTION AND ACCESS

4.1 Account Registration

To access the Platform, you must create an account and provide accurate and complete information.

4.2 Subscription Plans

Access to Data Products is available through subscription plans as described on the Platform or in a separate Order Form. Subscription plans may vary in scope, access level, API limits, and pricing.

4.3 Sublicense Grant

By submitting or uploading Content to the Services, you grant BulkInsights, LLC a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to host, store, reproduce, modify, adapt, display, publish, distribute, and create derivative works from such Content as reasonably necessary to operate, maintain, improve, promote, and commercialize the Services and related products and technologies.

BulkInsights, LLC may aggregate, anonymize, de-identify, combine, or otherwise process Content and Service Data to create statistical, analytical, or other datasets (“Derived Data”). Such Derived Data does not identify individual users where reasonably practicable and may be used, licensed, transferred, sold, or otherwise commercialized by BulkInsights, LLC for any lawful business purpose.

Nothing in this section transfers ownership of original Content from the user to BulkInsights, LLC.

4.4 API Access

If your subscription includes API access, your use of the API is subject to the API rate limits, usage guidelines, and technical documentation provided by BulkInsights.

5. USE RESTRICTIONS

You shall not:

(a) Redistribute, resell, sublicense, or otherwise make Data Products available to any third party

(b) Attempt to re-identify, de-anonymize, or reverse-engineer the identity of any individual, company, or transaction from the Data Products

(c) Represent Data Products as your own original data or remove BulkInsights attribution

(d) Use Data Products for any unlawful purpose or in violation of any applicable law

(e) Use Data Products to engage in price-fixing, market manipulation, or any anti-competitive conduct

(f) Scrape, crawl, or use automated means to access the Platform beyond authorized API access

(g) Share account credentials with unauthorized users

(h) Use Data Products to directly compete with BulkInsights or Affiliated Entities without prior written consent

(i) Exceed API rate limits or usage quotas specified in your subscription plan

6. INTELLECTUAL PROPERTY

6.1 BulkInsights IP

All Data Products, the Platform, and related intellectual property are owned by BulkInsights (or, with respect to Source Data, by the applicable Affiliated Entity). Nothing in these Terms grants you any ownership interest.

6.2 Feedback

Any feedback you provide may be used by BulkInsights without restriction or compensation.

7. FEES AND PAYMENT

7.1 Subscription Fees

Fees are specified in the applicable subscription plan or Order Form. All fees are non-refundable except as expressly stated.

7.2 Payment Terms

Fees are due in accordance with the payment schedule specified in the subscription plan or Order Form. If a payment is missed or form of payment is denied, service will be frozen until made current.

7.3 Taxes

You are responsible for all applicable taxes or payment processing fees.

8. DATA AND DISCLAIMERS

8.1 Not Financial or Legal Advice

DATA PRODUCTS DO NOT CONSTITUTE FINANCIAL, LEGAL, INVESTMENT, OR BUSINESS ADVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISIONS BASED ON DATA PRODUCTS.

8.2 Disclaimer of Warranties

THE PLATFORM AND DATA PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." BULKINSIGHTS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.3 Data Latency

Data Products may reflect data with inherent latency.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL BULKINSIGHTS OR ITS AFFILIATED ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES. BULKINSIGHTS'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY SUBSCRIBER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. INDEMNIFICATION

You agree to indemnify and hold harmless BulkInsights and its Affiliated Entities from claims arising from: (a) your use of the Platform or Data Products; (b) your Derived Works; (c) your violation of these Terms; (d) your violation of applicable law; or (e) any allegation that your use of Data Products infringes the rights of a third party.

11. CONFIDENTIALITY

11.1 Confidential Information

Each party may receive Confidential Information from the other. Confidential Information shall be protected with commercially reasonable measures and shall not be disclosed except as necessary to perform under these Terms.

11.2 Exclusions

Confidential Information does not include information that is: (a) publicly available; (b) known to the recipient prior to disclosure; (c) rightfully received from a third party; or (d) independently developed.

11.3 Data Products

For the avoidance of doubt, Data Products themselves are not Confidential Information of BulkInsights (as they are intended for Subscriber's use), but the pricing, methodologies, algorithms, and models used to create Data Products are BulkInsights's Confidential Information.

12. TERM AND TERMINATION

12.1 Subscription Term

The subscription term is specified in the applicable plan or Order Form. Subscriptions automatically renew for successive terms unless either party provides thirty (30) days written notice of non-renewal.

12.2 Termination for Cause

Either party may terminate for material breach with thirty (30) days written notice and opportunity to cure.

12.3 Termination by BulkInsights

BulkInsights may terminate or suspend access immediately if: (a) Subscriber attempts to re-identify data; (b) Subscriber redistributes Data Products in violation of these Terms; or (c) Subscriber fails to pay fees when due.

12.4 Effect of Termination

Upon termination: (a) Subscriber's access to the Platform ceases; (b) Subscriber shall cease using Data Products, (c) Subscriber shall delete or return any cached or stored Data Products; and (d) Sections 5, 6, 7, 8, 9, 10, 11, 12, and 13 survive termination.

13. GENERAL PROVISIONS

13.1 Governing Law

These Terms are governed by the laws of the State of Missouri, without giving effect to conflict of law provisions.

13.2 Jurisdiction

Exclusive jurisdiction in the federal or state courts located in Springfield, Greene County, Missouri.

13.3 Entire Agreement

These Terms, together with any Order Form and the Privacy Policy, constitute the entire agreement.

13.4 Amendment

BulkInsights may modify these Terms. Material changes will be communicated in writing. Continued use constitutes acceptance.

13.5 Severability

Invalid provisions do not affect remaining provisions.

13.6 Assignment

Subscriber may not assign without consent. BulkInsights may assign to Affiliated Entities or successors.

13.7 Force Majeure

BulkInsights is not liable for failure caused by circumstances beyond its reasonable control.

13.8 No Waiver

Failure to enforce any provision does not constitute a waiver.

14. CONTACT

BulkInsights, LLC

1340 E Woodhurst Dr

STE B

Springfield, MO 65804