Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Gem State Software Solutions LLC, doing business as Loadius ("Company," "we," "us," or "our"), concerning your access to and use of the Loadius website and services.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access our services.

2. Description of Services

Loadius provides customer relationship management (CRM) software and lead generation services designed for freight brokers and logistics companies. Our services include but are not limited to:

• Custom CRM platform configuration and hosting
• Qualified shipper lead generation and delivery
• Email marketing and campaign management tools
• Contact and company database management
• Analytics and reporting features
• Technical support and customer service

3. Account Registration

To access certain features of our services, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that violate these Terms or contain inaccurate information.

4. Acceptable Use

You agree not to use our services to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Send spam, unsolicited communications, or violate anti-spam laws (CAN-SPAM, GDPR, etc.)
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the integrity of our services
• Collect or harvest user data without consent
• Engage in any fraudulent or deceptive practices
• Use the services for any illegal purpose

5. Lead Generation Services

Our lead generation services provide contact information for potential business prospects. By using these services, you acknowledge and agree that:

• Leads are provided for legitimate business purposes only
• You will comply with all applicable laws when contacting leads, including CAN-SPAM, TCPA, and state regulations
• Lead accuracy is provided on a best-efforts basis; we do not guarantee 100% accuracy
• Leads are for your use only and may not be resold or redistributed
• We reserve the right to limit or restrict lead access for violations of these Terms

6. Payment Terms

Certain services require payment. By subscribing to paid services, you agree to:

• Pay all fees associated with your selected plan
• Provide valid payment information
• Authorize recurring charges for subscription services
• Notify us of any billing issues within 30 days

Prices are subject to change with 30 days' notice. Refunds are handled on a case-by-case basis and are at our sole discretion.

7. Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, software, and code, are the exclusive property of Gem State Software Solutions LLC and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our services for your internal business purposes. You may not copy, modify, distribute, sell, or lease any part of our services without our prior written consent.

8. Data Ownership

You retain ownership of all data you input into our services ("Your Data"). By using our services, you grant us a limited license to use Your Data solely to provide and improve our services to you. We will not sell or share Your Data with third parties except as described in our Privacy Policy.

You are responsible for maintaining backups of Your Data. While we implement reasonable data protection measures, we are not liable for any loss of Your Data.

9. Confidentiality

We agree to keep your business information and data confidential and will not disclose it to third parties except as necessary to provide our services or as required by law. You agree to keep confidential any non-public information about our services, pricing, or business practices.

10. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee any specific results from the use of our services, including lead conversion rates or business outcomes.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEM STATE SOFTWARE SOLUTIONS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Gem State Software Solutions LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of a third party
• Your use of leads or contact information provided by our services

13. Termination

We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use our services will cease immediately.

You may terminate your account at any time by contacting us. Upon termination, we will delete your account data within a reasonable timeframe, except as required by law or for legitimate business purposes.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our services shall be resolved in the state or federal courts located in Ada County, Idaho.

15. Dispute Resolution

Before initiating any legal action, you agree to first attempt to resolve any dispute informally by contacting us at legal@loadius.com. If the dispute is not resolved within 30 days, either party may proceed with formal dispute resolution.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after such changes constitutes acceptance of the new Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gem State Software Solutions LLC regarding your use of our services and supersede all prior agreements and understandings.

19. Contact Information

If you have any questions about these Terms, please contact us: