Terms of Service

Introduction

Welcome to Exsend! These Terms of Service (“Terms”) govern your use of our website, mobile applications, and services (collectively, “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Services.

1. Use of Services

Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our Services. By using Exsend, you represent and warrant that you meet these requirements.

Account Registration: To use certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.

User Responsibilities: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2. Driver and Sender Responsibilities

Drivers: Drivers using Exsend must have a valid driver’s license, a reliable vehicle, and appropriate insurance. Drivers agree to comply with all applicable laws and regulations, including traffic laws and delivery requirements.

Senders: Senders are responsible for ensuring that the items they send comply with all applicable laws and regulations. Prohibited items include, but are not limited to, hazardous materials, illegal substances, and live animals.

3. Payments and Fees

Service Fees: Fees for using our Services are calculated based on factors such as distance, package size, and delivery urgency. All fees are disclosed upfront before confirming a delivery request.

Payment Terms: Users agree to pay all applicable fees associated with their use of the Services. Payment must be made using the payment methods we provide. By providing a payment method, you authorize us to charge the applicable fees to your payment method.

Driver Payments: Drivers will receive payments for completed deliveries on a weekly basis. Payments are made directly to the driver’s bank account.

4. User Conduct

Prohibited Activities: You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws or regulations
• Posting or transmitting any fraudulent, deceptive, or misleading information
• Impersonating any person or entity or falsely stating your affiliation with any person or entity
• Interfering with or disrupting the operation of our Services

Termination: We reserve the right to suspend or terminate your access to our Services at any time, without notice, for conduct that we believe violates these Terms or is otherwise harmful to our interests or other users.

5. Intellectual Property

Ownership: All content, trademarks, service marks, logos, and other intellectual property used in our Services are owned by or licensed to Exsend. You agree not to use any intellectual property without our prior written consent.

User Content: By submitting content to our Services, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, modify, and distribute your content for the purpose of operating and providing our Services.

6. Disclaimers and Limitation of Liability

Disclaimer of Warranties: Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, error-free, or free of viruses or other harmful components.

Limitation of Liability: To the maximum extent permitted by law, Exsend and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any conduct or content of any third party on the Services; and (iii) unauthorized access, use, or alteration of your transmissions or content.

7. Indemnification

You agree to indemnify and hold harmless Exsend and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney’s fees, arising out of or in any way connected with your use of the Services, your violation of these Terms, or your violation of any rights of another.

8. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the state in which Exsend is headquartered, without regard to its conflict of law principles.

Dispute Resolution: Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the state in which Exsend is headquartered, and the arbitrator’s decision shall be enforceable in any court of competent jurisdiction.

9. Changes to These Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Services after such changes have been posted constitutes your acceptance of the new Terms.

10. Contact Us

If you have any questions about these Terms, please contact us at support@exsend.com.