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Terms of Service - Concluding Terms - Shipper

The following Terms of Service – Concluding Terms – Shipper, when accepted and in combination with the additional accepted sections of the Terms of Service shall constitute a legally binding agreement between Mothership Technologies, Inc. (“Mothership”) and the user (“Shipper”) accepting the Terms of Service (“Agreement”). The effective date of the Agreement shall be the date the user completes its acceptance of all sections required to form the complete Agreement.

1. TERM AND TERMINATION

1.1 This Agreement will remain in full force and effect while you use the Service. Mothership may at any time terminate this Agreement in its sole discretion if:

(a) You have breached any provision of this Agreement, or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with this Agreement.

(b) Mothership is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful).

(c) Mothership has elected to discontinue the Service.

1.2 Upon termination of this Agreement, your Account and right to access and use the Service will terminate immediately. Mothership will not have any liability whatsoever to you for any termination of the Service, including for termination of your Account or deletion of your User Content.

2. FORCE MAJEURE. No party or User shall be liable to any other party or User for failure to perform its obligations under this Agreement if prevented from doing so because of an act of God, strikes, fire, flood, pandemic, civil disturbance, interference by civil or military authority, act of terrorism, governmental restrictions, or other causes beyond the reasonable control of the party and not intentionally caused by such party (“Force Majeure”). Upon the occurrence of such an event, the party seeking to rely on this provision shall promptly give written notice to the other party of the nature and consequence of the cause. Each party shall use all reasonable efforts to minimize the effects of a Force Majeure event. If a Force Majeure event occurs with respect to any of the services or obligations of the parties under this Agreement and such Force Majeure event is estimated to last beyond thirty (30) days, so that the parties’ obligations or services are materially disrupted, the parties shall agree as to alternative temporary arrangements, the temporary cessation of services and/or obligations, or the termination of this Agreement. The provisions hereof shall not apply to monetary amounts owed by either party to the other.

3. INDEPENDENT CONTRACTOR. This Agreement is a business-to-business Agreement between business entities. All Users’ relationships to Mothership are that of an independent contractor, and neither party is an agent, employee, or partner of the other. Each User assumes complete responsibility for all state and federal taxes, assessments, insurance (including, but not limited to, workers’ compensation, unemployment compensation, disability, pension and social security insurance) and any other financial obligations arising out of the conduct of their own business in connection with the transportation services rendered hereunder. No User shall be deemed to be an agent, legal representative, joint venturer, franchisor, franchisee, or partner of Mothership for any purpose, and shall not represent itself to the contrary. No User is entitled to enter into any contracts, make any representations or warranties in the name of, or accept any obligations whatsoever on behalf of Mothership.

4. ASSIGNMENT. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Mothership’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

5. PRESS. Unless you notify Mothership in writing to the contrary, you hereby grant Mothership Technologies, Inc. permission to identify you as a customer of Mothership or user of our Services and to reproduce your name and logo on the Site and in any other marketing materials.

6. CONFLICT. If there is any conflict or inconsistency between the terms and conditions set forth in this Agreement and the terms set forth in any Bill of Lading, Proof of Delivery or any other shipping form, the terms and conditions of this Agreement shall control over such terms. If there is a conflict between the terms of this Terms of Service and a separate Broker or Shipper Agreement which serves as the primary agreement for purposes of defining the transportation services to be provided by Broker, the terms of such separate agreement shall govern, but all non-conflicting terms herein shall apply.

7. COPYRIGHT/TRADEMARK INFORMATION. Copyright © 2026, Mothership Technologies, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party, which may own the Marks.

8. ELECTRONIC COMMUNICATIONS. The communications between you and Mothership use electronic means, whether you use the Service, the Site, or the Mobile App, or email, or whether Mothership posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Mothership in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mothership provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to have been in a hard copy writing. The foregoing does not affect your non-waivable rights.

9. LIMITATION ON LIABILITY. In no event shall Mothership be liable to any User or any third party for any personal injury, lost profits, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to this Agreement or the use of the Service, Site, or Mobile App, or any performance by Mothership or any transportation or related services provided by any User.

10. APPLICABLE LAW AND VENUE. This Agreement shall be governed by the laws of the State of Texas and applicable federal law, without giving effect to any choice or conflict of law provision or rule that would cause the laws of any other jurisdiction to apply, except to the extent that federal law preempts those laws. Subject to Section 12 (Dispute Resolution – Arbitration), the state and federal courts located in Austin, Travis County, Texas, shall have exclusive and irrevocable jurisdiction and shall have exclusive venue with respect to any claim, counterclaim, or dispute arising out of or relating to this Agreement that is not subject to arbitration, including any action to compel arbitration or to enforce an arbitration award.

11. NONWAIVER. Failure of either Party to insist upon performance of any of the terms, conditions or provisions of this Agreement, or to exercise any right or privilege herein, or the waiver of any breach of any of the terms, conditions or provisions of this Agreement, shall not be construed as thereafter waiving any such terms, conditions, provisions, rights or privileges, but the same shall continue and remain in full force and effect as if no forbearance or waiver had occurred.

12. DISPUTE RESOLUTION – ARBITRATION. Except as provided in this Section, any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the Service shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted before a single arbitrator on an individual basis only; class, collective, consolidated, or representative arbitrations and court actions are not permitted, and each party waives any right to participate in any such proceeding. The seat of the arbitration shall be Austin, Texas. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may (a) bring an individual claim in small claims court if the claim qualifies, and (b) seek temporary or preliminary injunctive relief from a court of competent jurisdiction in aid of arbitration or to protect its intellectual property or confidential information. The Federal Arbitration Act governs the interpretation and enforcement of this Section. If the Federal Arbitration Act is held not to apply to a particular dispute or party, this Section shall be enforced under the Texas General Arbitration Act, Tex. Civ. Prac. & Rem. Code Chapter 171.

13. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, in whole or in part, such provision shall be enforced to the maximum extent permissible and, if necessary, shall be deemed modified to the minimum extent required to render it valid and enforceable, and the validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

14. SURVIVAL. Termination or expiration of this Agreement shall not affect any rights or obligations that by their nature should survive termination, which shall survive in accordance with their terms, including, without limitation, provisions governing freight claims and limitations of liability, indemnification, confidentiality, non-solicitation, payment obligations, dispute resolution and arbitration, and applicable law and venue.

15. ENTIRE AGREEMENT. This Agreement, including all subparts accepted by the User constitutes the entire agreement between the User and Mothership regarding the use of the Service and the services to be performed by Mothership. Any failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement may be executed in counterparts.

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