Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the THENEKAS Platform and form a legally binding agreement between King Karom Inc., a New York corporation that operates THENEKAS (“THENEKAS,” “we,” “our,” or “us”), and the individual or legal entity that accesses or uses the Platform (“Customer,” “you,” or “your”).
Please read these Terms carefully before using the Platform.
By accessing or using the Platform, creating an Account, clicking to accept these Terms, uploading or submitting any content, connecting any third-party service, purchasing any Subscription, or otherwise using the Platform, you agree to be bound by these Terms and by the Privacy Policy, which is incorporated into these Terms by reference, including the collection, processing, storage and transfer of information described in it.
If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization, and “you” refers to that organization.
If you do not agree to these Terms, you may not access or use the Platform.
IMPORTANT: SECTION 38 (DISPUTE RESOLUTION) REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND CONTAINS A WAIVER OF CLASS ACTIONS AND JURY TRIALS. PLEASE READ IT CAREFULLY.
1. About THENEKAS
THENEKAS is an online platform of software tools for freight dispatchers, carriers, owner-operators and other transportation professionals. The Platform helps users analyze operational data, extract information from transportation documents, estimate the profitability of loads and perform related business tasks.
The Platform may include, now or in the future:
- websites and web applications;
- load and lane analytics tools;
- document processing tools, including extraction of information from rate confirmations;
- load profitability and cost calculators;
- mapping, routing and mileage features;
- AI-powered features;
- accounts, companies, positions, people cards, activity log and team features;
- integrations with third-party services, such as electronic logging devices, telematics providers, spreadsheets and productivity platforms;
- APIs; and
- other products, features or services made available by THENEKAS.
Some features of the Platform rely on artificial intelligence, automated processing and services provided by third parties.
2. Definitions
For the purposes of these Terms:
Account means a registered account used to access the Platform.
Administrator means an individual authorized by a Customer to manage a Company, its Users, permissions, integrations, subscriptions and settings.
AI Services means features of the Platform that use artificial intelligence or machine learning, including extraction of information from documents, classification, summarization, drafting and recommendations.
Company means an organization workspace created in the Platform to which Users may be invited.
Customer means the individual or legal entity that registers for, accesses or uses the Platform.
Customer Data means all information, files, documents, spreadsheets, rate confirmations, records, addresses, prompts, operational data, Personal Information and other content submitted to, uploaded to, transmitted through or processed by the Platform by or on behalf of the Customer.
Output means any result produced by the Platform for the Customer, including extracted data, load sheets, calculations, estimates, miles, rates per mile, reports, dashboards and AI-generated content.
Personal Information has the meaning given in the Privacy Policy.
Platform means all websites, applications, tools, APIs, AI Services, integrations and related technologies operated by THENEKAS, including thenekas.com and its subdomains.
Subscription means a free or paid plan that provides access to the Platform or to specific features.
User means any individual who accesses the Platform, including individuals authorized by a Customer to access a Company.
3. Eligibility
To use the Platform, you must:
- be at least eighteen (18) years old, or the age of legal majority in your jurisdiction if higher;
- have the legal capacity to enter into binding contracts;
- use the Platform for business or professional purposes;
- not be prohibited from using the Platform under applicable law, including sanctions and export control laws;
- not have been previously suspended or removed from the Platform; and
- if acting on behalf of an organization, have authority to bind that organization.
The Platform is offered only to businesses and professionals for business purposes. It is not offered to consumers for personal, family or household purposes, and by using it you confirm that you do not use it as a consumer.
You are solely responsible for ensuring that your use of the Platform complies with all laws and regulations that apply to you and your business.
4. Account Registration
Some features of the Platform require an Account. You may create an Account using a supported sign-in provider (such as Google or Microsoft), or with your email address or phone number and a password. Signing in with a password also takes a one-time code sent to your email or by text.
You agree to:
- provide accurate, current and complete registration information;
- keep your information accurate and up to date;
- maintain the security of your email account and of any sign-in provider account used to access the Platform;
- keep your password confidential, not reuse it from other services, and not share your Account, password or sign-in codes with any other person;
- not create an Account using false information or on behalf of someone else without authorization;
- notify THENEKAS immediately of any unauthorized access to or use of your Account; and
- accept responsibility for all activities that occur under your Account.
Each Account is for a single individual. THENEKAS is not liable for any loss or damage arising from your failure to comply with this Section.
5. Companies and Organization Accounts
Customers may use the Platform on behalf of a transportation company or other organization by creating a Company and inviting Users.
The individual who creates a Company represents and warrants that they are authorized to:
- register the organization in the Platform;
- accept these Terms on behalf of the organization;
- appoint Administrators and invite Users;
- configure integrations and connect third-party services;
- submit and manage Customer Data on behalf of the organization; and
- purchase Subscriptions and approve billing, where applicable.
Administrators are responsible for managing Users, roles and permissions, and for removing access when a User should no longer have it. The Customer is responsible for all actions taken by its Users and Administrators.
Company workspace. Loads, documents, load history and other data saved in a Company’s workspace belong to that Company, not to the individual User who created them. Members see and change that data according to their positions (owner, fleet manager, dispatcher, after-hours dispatcher, accountant, safety). Every change is recorded in the Company’s activity log, which no member can edit or delete. When a User leaves or is removed from a Company, or deletes their Account, the User loses access to its data and the data stays with the Company, including the User’s people card (name, position and dates) and the log of their actions. The Customer must not enter Social Security numbers, drug or alcohol test results, or medical records in the workspace. When a Company is deleted, its workspace data and files are deleted for all members.
Every Company must have at least one owner. An owner may delete the Company only by confirming its name; this cannot be undone. The Platform is not a records-retention or backup system: keep your own copies of documents you are required to retain.
Authority statement. To create a Company, you confirm that you own it or that it has authorized you to act for it, and that the information you enter about it is true. To verify a Company, you confirm that you are an owner, officer or employee authorized to act for the motor carrier whose USDOT or MC number you enter. We record each statement (who, when and what was confirmed) in the Company’s activity log. Creating a Company in the name of, or verifying, a business you do not represent is a material breach of these Terms and may be fraud; we may suspend or remove that Company without notice and may share what we know with the business concerned, the FMCSA or law enforcement.
Verification. Verification checks that the person verifying controls the email address or phone number that the carrier’s public FMCSA record lists, by sending a one-time code there. Until a Company is verified, features that act in its name toward others or hold other people’s identity documents are unavailable: invoices and invoice emails, factoring, QuickBooks and other connections, and uploads of drivers’ documents such as CDL photos. Verification relies on public FMCSA data that we do not control. It is not a statement by THENEKAS about the carrier’s identity, operating authority, insurance, safety record, financial standing or trustworthiness, and no one should rely on it as such. Changing the Company’s USDOT number removes the verification.
6. Your Responsibilities
You are responsible for:
- all Customer Data and its accuracy, quality, integrity and legality;
- obtaining all rights, permissions, consents and legal authority necessary to submit Customer Data to the Platform, including documents that contain information about brokers, shippers, receivers, carriers, drivers or other third parties;
- complying with any confidentiality obligations in your agreements with brokers, shippers, carriers, drivers and others;
- reviewing and verifying all Output before relying on it;
- all business, operational, financial, safety and legal decisions you make, including which loads to book, the rates you accept, the routes you take and the instructions you give to drivers;
- compliance with transportation laws and regulations, including hours-of-service, weight, hazardous materials, licensing, insurance and operating authority requirements;
- maintaining your own records, backups and copies of Customer Data; and
- maintaining appropriate internal controls over the people in your organization who use the Platform.
7. THENEKAS Is Not a Party to Your Transactions
THENEKAS provides software tools only. THENEKAS is not a motor carrier, freight broker, freight forwarder, shipper, dispatcher, factoring company, insurer or employer of drivers, and does not hold operating authority. THENEKAS does not arrange, perform or guarantee the transportation of any freight and is not a party to any agreement between you and any broker, shipper, carrier, driver or other third party.
THENEKAS is not responsible for any load, shipment, payment, claim, cargo loss or damage, delay, detention, accident, fine, penalty or dispute that arises between you and any third party, even if information related to it was processed through the Platform.
8. Acceptable Use
You may use the Platform only for lawful business purposes and in accordance with these Terms.
You may not, and may not allow anyone else to:
- use the Platform for any unlawful, fraudulent or deceptive purpose, including double brokering, identity fraud, cargo theft or falsifying transportation documents;
- violate any applicable transportation, privacy, consumer protection, export control or sanctions law;
- upload or submit content that you do not have the right to submit, or that infringes the intellectual property, privacy or other rights of any person;
- upload viruses, malware or any other harmful code;
- attempt to gain unauthorized access to the Platform, other Accounts, other Companies, or any related systems or networks;
- probe, scan or test the vulnerability of the Platform, or bypass any security, authentication, rate limit or usage restriction;
- interfere with or disrupt the integrity, performance or availability of the Platform, or place an unreasonable load on its infrastructure;
- scrape, crawl, harvest or extract data from the Platform by automated means, except through APIs expressly made available for that purpose;
- copy, modify, create derivative works of, decompile, disassemble or reverse engineer the Platform, or attempt to discover its source code, except to the extent expressly permitted by applicable law;
- resell, sublicense, rent, lease or otherwise commercially exploit the Platform without our written permission;
- use the Platform or any Output to build or train a competing product or service;
- access or use the Platform to design, build, benchmark or improve a competing product or service, or to copy its features, functions, workflows, user interface, look and feel, text, graphics or documentation;
- frame, mirror, republish or otherwise copy any part of the Platform's pages, design or content, except for your own Customer Data;
- access the Platform if you are, or act on behalf of, a direct competitor of THENEKAS, except with our prior written consent;
- remove, obscure or alter any copyright, trademark or other proprietary notice on the Platform;
- use the AI Services to create deceptive, fraudulent, harassing or unlawful content;
- impersonate any person or organization, or misrepresent your affiliation with any person or organization;
- use the Platform in violation of the terms of any third-party service on which the Platform relies; or
- create, claim or verify a Company in the name of a business you do not represent, or use another carrier’s USDOT or MC number, name or documents as your own;
- upload or enter the information Section 15.3 forbids;
- use information from the Platform, including load status and stop times, to harass or coerce a driver in violation of FMCSA rules (49 CFR 390.36) or other law;
- use the Platform to obtain, furnish or assemble consumer reports, or for any purpose governed by the Fair Credit Reporting Act (see Section 15.4); or
- use the Platform in any manner that could harm THENEKAS, other Customers or third parties.
THENEKAS may investigate suspected violations and take any action it considers appropriate, including removing content, suspending or terminating Accounts, and reporting activity to law enforcement.
9. Artificial Intelligence Services
Certain features of the Platform use artificial intelligence. Depending on the features you use, AI Services may, among other things:
- extract information from rate confirmations and other transportation documents;
- identify pickup and delivery locations, appointment times, reference numbers, rates, weights, temperatures and special instructions;
- generate load sheets, warnings and notes;
- classify and organize information;
- summarize data and generate reports; and
- provide other AI-powered functionality made available through the Platform.
AI Services are provided through third-party AI providers, as described in the Privacy Policy. AI Services are intended to assist you and are not a substitute for human judgment, professional advice or your regulatory obligations.
The AI Services read transportation documents. They are not designed for, and you may not use them or their Output to make or substantially support, decisions about hiring, firing, pay, discipline or other terms of work of any individual, or any other decision that has a legal or similarly significant effect on an individual.
10. Human Review and Accuracy of Output
AI-generated Output is probabilistic by nature. It may be inaccurate, incomplete, outdated or inappropriate for your situation. AI can misread or omit information, including addresses, dates, appointment times, reference numbers, rates, commodity descriptions and instructions.
Miles, drive times, fuel prices, costs, rates per mile, profit and other figures shown by the Platform are estimates only. They depend on third-party data (such as mapping, routing and fuel price data) and on the information you enter, and may differ from actual practical miles, routes, tolls, fuel costs, broker figures or results.
You acknowledge and agree that:
- you must review and verify every Output against the original documents and other reliable sources before relying on it, sending it to any driver, broker or other person, or using it to make any decision;
- you are solely responsible for any use of Output and for any consequences of that use;
- Output does not constitute legal, tax, accounting, financial, safety, regulatory or other professional advice; and
- nothing in these Terms transfers any business, legal, regulatory, safety or operational responsibility from you to THENEKAS.
10.1 Truck routes, restrictions, tolls and fuel (the Map feature)
The Map feature suggests truck routes built by a third-party routing provider from the vehicle dimensions, weight, axles and hazardous-materials status that you or your Company enter. Its data about bridges, low clearances, weight and hazardous-materials restrictions, road closures, tolls and fuel prices comes from third parties, may be incomplete, outdated or wrong, and does not cover every road or every change.
- The driver and the Company remain solely responsible for the safe and lawful operation of the vehicle, including obeying posted signs, clearances, weight limits, restrictions, permits and the instructions of authorities, whatever route the Platform suggests.
- Routes are suggestions, not navigation instructions, permits or approvals. Do not use the app while driving: plan the route before you drive or have a passenger do it.
- A route is only as accurate as the vehicle information entered. You are responsible for keeping truck, trailer and load dimensions and weights correct, including for oversize loads.
- Weather alerts (from the US National Weather Service), grades, speed limits and places (from OpenStreetMap and HERE) are shown for information only, can be late, incomplete or wrong, and do not replace road signs, official warnings or your own judgement.
- Routing for hazardous materials is not provided. Toll and fuel figures are estimates, shown with “≈” and the date of the data, and may differ from what you pay.
To the fullest extent permitted by law and subject to Section 31, THENEKAS is not liable for any collision, damage, fine, citation, delay, cost or loss arising from a route, restriction, toll or fuel price shown by the Map feature.
HERE data. Routes, road restrictions, tolls and fuel station prices in the Map feature come from HERE Technologies (HERE Global B.V. and its affiliates, “HERE”) and its data suppliers. HERE and the HERE logo are trademarks of HERE Global B.V. When you use that data:
- you may use it only for your own business use within the Platform, and you may not copy, archive, resell or redistribute it, use it with geographic data from HERE’s competitors outside the Platform, or reverse engineer, decompile or disassemble it;
- you may not export it or anything made from it except in compliance with applicable export laws, rules and regulations;
- your right to use it ends if you breach these Terms;
- HERE’s data suppliers’ restrictions and copyright notices apply and are listed at HERE’s supplier terms and notices; HERE processes what it receives under the HERE Privacy Policy (see our Privacy Policy, Section 5.5);
- if you are a U.S. Government end user, the data is a “commercial item” as that term is defined at 48 C.F.R. 2.101 and is licensed under these Terms;
- the data is provided “as is” and “as available”: neither THENEKAS nor HERE nor its data suppliers make any warranty about its quality, performance, accuracy, completeness, merchantability, fitness for a particular purpose or non-infringement;
- to the fullest extent permitted by law, neither HERE nor its affiliates or data suppliers are liable to you for any claim, demand or action, or for any loss of profits, revenue, contracts or savings, or any other direct, indirect, incidental, special or consequential damages, arising from your use of, or inability to use, that data, from any defect or inaccuracy in it, or from a breach of these Terms; and
- THENEKAS makes no warranty or commitment on behalf of HERE, its affiliates or data suppliers, and they have no liability or obligation to you through THENEKAS.
10.2 Driver reports and reviews
In the map, signed-in users may report a place’s current state (truck parking full, some or plenty; a weigh station open or closed; a diesel price), report what they see on the road (police, an accident, a closure, a hazard, construction, slow traffic), confirm or dismiss other drivers’ road reports, and rate and review places. By posting one you agree that:
- it is true to your knowledge, from your own visit, and not made up, copied from another service or posted for a business you work for or compete with;
- it contains no personal information about anyone (names, phone numbers, plate or unit numbers, photos of people), nothing unlawful, threatening, harassing, discriminatory or obscene, and no advertising or links;
- you never post while driving: reports are for when the vehicle is parked or a passenger posts them;
- you give THENEKAS a worldwide, royalty-free, non-exclusive license to store, show, combine (for example into a rating or a “parking: some” status) and delete it in the Platform; reports expire on their own (parking after 1 hour, weigh stations after 30 minutes, prices after 24 hours, road reports after 1 to 24 hours by type, sooner when other drivers say they are gone), and you may delete your review at any time;
- reviews are shown to all users without your name; THENEKAS may remove any report or review and limit or stop any user’s posting at its discretion, and does not check them before they appear; and
- reports and reviews are other drivers’ opinions, not facts checked by THENEKAS: a weigh station, a parking lot or a price may differ when you arrive, and the information-only terms of Section 10.1 apply to them too.
10.3 Messages between the office and drivers
Members of a Company and its drivers may send each other text messages in the Platform. Messages are Customer Data of that Company (Section 12): the Company’s staff who can see its work data can read every message with its drivers, and messages stay with the Company when a driver or a staff member leaves. THENEKAS does not read them except to provide support you ask for, to keep the Platform secure, or when the law requires it. Do not send anything Section 15.3 forbids uploading. Never read or write messages while driving: federal rules (49 CFR 392.80 and 392.82) forbid commercial drivers from texting or holding a phone while driving; pull over and park first. Messages are not a way to report an emergency: call 911.
10.4 Load tracking and tracking links
A Company may track its loads: while a load is on its way, the driver app sends the phone’s position to the Platform (Privacy Policy, Section 5.5). The Company is responsible for telling its drivers before they drive a tracked load, for getting any consent the law requires, and for using positions only for its loads, never to watch a driver off duty. The Company decides with whom it shares a load’s tracking link; anyone holding the link can see what Section 5.5 of the Privacy Policy lists, and may pass the link on, so share it only with your customer for that load and turn it off when it is no longer needed. Positions, arrival times and estimated arrival times can be late, missing or wrong (no signal, location turned off, a phone’s error, traffic): they are information, not a proof of delivery, detention or a hours-of-service record, and THENEKAS is not an electronic logging device.
11. Third-Party Services and Integrations
The Platform relies on and may integrate with third-party products and services, which may include, among others:
- Google Maps Platform (maps, places, routes);
- Google Cloud Vertex AI (AI Services);
- HERE Technologies (truck routes, road restrictions, tolls and fuel prices for the Map feature);
- Apple Maps and Google Maps (the map shown in the driver app);
- Cloudflare (hosting, security, databases and email delivery);
- Google and Microsoft (sign-in and, if you choose to connect them, productivity services such as Google Sheets);
- the U.S. Energy Information Administration (fuel price data);
- electronic logging device, telematics and fleet management providers;
- payment processors; and
- other supported integrations.
Your use of Google Maps features is subject to the Google Maps / Google Earth Additional Terms of Service and the Google Privacy Policy.
By connecting a third-party service, you authorize THENEKAS to access, receive, process, store and transmit information from and to that service as necessary to provide the requested functionality. You are responsible for ensuring that you have the legal authority to connect each third-party service and to authorize that access.
THENEKAS does not control and is not responsible for the availability, accuracy, security, performance or privacy practices of third-party services. Your use of third-party services is subject to your agreements with those providers. Third-party services may change or stop working at any time, and THENEKAS may discontinue any integration.
12. Customer Data Ownership
As between you and THENEKAS, you retain all right, title and interest in and to your Customer Data. THENEKAS does not acquire ownership of Customer Data by providing the Platform.
13. License to Process Customer Data
To provide the Platform, you grant THENEKAS a limited, non-exclusive, worldwide, royalty-free, sublicensable (to service providers only) license to host, store, copy, process, transmit, analyze, display and create backups of Customer Data, and to transmit it to the service providers described in the Privacy Policy, solely as necessary to:
- provide, maintain and support the Platform and the features you use;
- perform the AI processing you request;
- synchronize information with integrations you connect;
- maintain security and prevent fraud and abuse;
- troubleshoot and fix technical issues;
- improve the Platform, in accordance with the Privacy Policy; and
- comply with applicable law.
This license ends when the Customer Data is deleted from the Platform, except to the extent retention is required by law or reasonably necessary for backup, security, dispute resolution or compliance purposes.
You represent and warrant that you have all rights necessary to grant this license and that our processing of Customer Data in accordance with these Terms and the Privacy Policy will not violate any law or the rights of any third party.
14. Confidentiality
THENEKAS will treat non-public Customer Data as confidential, will use it only as permitted by these Terms and the Privacy Policy, and will protect it using reasonable administrative, technical and organizational safeguards. THENEKAS may disclose Customer Data to its service providers that need it to provide the Platform, and as required by law or legal process.
You agree not to disclose non-public information about the Platform, including its security, pricing not publicly available and technical information, except as permitted by THENEKAS.
15. Privacy
THENEKAS’s collection and use of Personal Information is described in the Privacy Policy. By using the Platform, you consent to the collection, use, processing, storage and transfer of information as described in the Privacy Policy.
When you submit Customer Data that contains Personal Information of other individuals (such as brokers, shippers, receivers or drivers), you are responsible for providing any notices and obtaining any consents required by law, and you represent that you are permitted to share that information with THENEKAS for the purposes described in the Privacy Policy.
15.1 Information about your drivers and staff
A Company decides what it keeps about the people who work or drive for it, and it is responsible for that decision. As between the Company and THENEKAS, the Company is the business (controller or employer) for that information and THENEKAS processes it on the Company’s behalf. Before the Company keeps its first driver card, a person who manages drivers confirms that the Company has told its drivers it keeps their information in THENEKAS and has their permission where the law requires it (for example, for copies of their CDL); we record that statement in the activity log. The Company remains responsible for every notice and consent the law requires, including notices at collection to employees and contractors, notices of electronic monitoring (such as New York Civil Rights Law § 52-c), and consents for copies of identity documents.
A driver card may exist before the driver has an Account. It is the Company’s record. If the driver accepts the Company’s invitation, the driver’s Account is linked to that card, and the driver sees in the driver app only what the Company assigns to them. The driver’s Account (sign-in details and profile) belongs to the driver; the card and the Company’s records about the driver stay with the Company, including after the driver leaves or deletes the Account, as described in the Privacy Policy.
15.2 Information from imports and connected services
Information that reaches the Platform from your files or from services you connect (for example an ELD or telematics provider, a fuel card, a factoring company or QuickBooks) is shown and stored as the source provides it. THENEKAS does not check it and is not responsible for its accuracy, completeness or timeliness; that is between you and the source. THENEKAS is not an electronic logging device and is not registered as one: the records of duty status kept by your ELD, not any copy, summary or figure in THENEKAS, are your official hours-of-service records, and you remain responsible for keeping and producing them.
15.3 Information you must not upload
Do not upload or enter, in any field, document or file: Social Security numbers or other national identification numbers (driver’s license and CDL numbers are allowed in the fields made for them); drug or alcohol test results or other information protected by 49 CFR Part 40; medical records, medical examination reports or health information (expiry dates of medical certificates are allowed); biometric identifiers or information, such as face, fingerprint, voice or retina templates; immigration or citizenship documents; full bank account, payment card or other financial account numbers of individuals; or information about individuals under 18. If such information reaches the Platform, we may delete it.
15.4 Not a consumer reporting agency
THENEKAS keeps each Company’s information separate and never shares one Company’s records about a driver or other individual with another Company. THENEKAS is not a consumer reporting agency, does not provide employment history, background or screening reports, and does not furnish information to anyone who does. You may not use the Platform to obtain, furnish or assemble consumer reports or for any other purpose governed by the Fair Credit Reporting Act. Required employment checks (such as the Drug and Alcohol Clearinghouse, the Pre-Employment Screening Program and previous employer inquiries) must be done through the channels the law provides.
15.5 Data processing terms
When THENEKAS processes Personal Information contained in Customer Data (“Customer Personal Information”) on a Company’s behalf, it acts as the Company’s service provider or processor under the California Consumer Privacy Act and similar laws, and these terms apply:
- Purposes. THENEKAS processes Customer Personal Information only to provide the Platform features the Company uses, to keep the Platform secure and prevent fraud, to fix problems, and to comply with law, as described in Section 13 and the Privacy Policy, and on the Company’s instructions given through its use of the Platform.
- No selling or sharing. THENEKAS does not sell Customer Personal Information or share it for cross-context behavioral advertising, does not retain, use or disclose it for any other purpose or outside the direct business relationship with the Company, and does not combine it with personal information it receives from others, except as the law allows a service provider to.
- Same protection. THENEKAS complies with the obligations that apply to it under those laws, gives Customer Personal Information the level of privacy protection they require, and will tell the Company if it can no longer meet them. The Company may then take reasonable steps to stop and remedy unauthorized use, including by asking us to stop processing and to delete the information.
- Confidentiality and subprocessors. Only people who need Customer Personal Information to run the Platform may access it, under confidentiality duties. THENEKAS uses the subprocessors listed in the Privacy Policy, bound by written terms at least as protective as these, and lists new ones there before they receive Customer Personal Information.
- Requests from individuals. If a driver, staff member or other individual asks THENEKAS about Customer Personal Information the Company controls, we will refer them to the Company and help the Company respond with the tools in the Platform (members with the right position can view, correct and clear what a card holds) and, where needed, on request.
- Security incidents. THENEKAS will notify the Company’s owner without undue delay after it confirms a breach of security affecting the Company’s Customer Personal Information, and will provide the information it reasonably can to help the Company meet its own notice duties.
- Deletion. When a Company is deleted, its Customer Data is deleted as described in the Privacy Policy, except copies kept in backups for a limited time, or where the law requires us to keep them.
- Compliance information. On reasonable request, THENEKAS will give the Company the information reasonably necessary to show that it meets these terms. THENEKAS certifies that it understands these restrictions and will comply with them.
16. Security
THENEKAS maintains reasonable safeguards designed to protect the Platform and Customer Data, as described in the Privacy Policy. No method of transmission over the internet or of electronic storage is completely secure. THENEKAS cannot and does not guarantee that the Platform or Customer Data will be free from unauthorized access, loss or alteration.
You are responsible for the security of your own devices, networks, email accounts and sign-in provider accounts.
17. Subscriptions
The Platform is currently offered free of charge. THENEKAS may in the future offer paid Subscriptions, usage-based plans, trials or premium features.
Your Subscription determines the features, usage limits, integrations and support available to you. THENEKAS may introduce, modify, discontinue or replace Subscription plans and features at any time. THENEKAS may impose or change usage limits on free features at any time, including limits on the number of documents processed.
18. Billing and Payment
If you purchase a paid Subscription, the price, billing period and payment terms will be shown to you before you are charged, and you agree to pay all applicable fees. Unless otherwise stated at the time of purchase:
- fees are billed in advance for each billing period;
- paid Subscriptions renew automatically for successive periods of the same length until canceled;
- you may cancel automatic renewal at any time before the next renewal date, and cancellation takes effect at the end of the current billing period;
- fees are non-refundable, except as required by law;
- fees do not include taxes, which you are responsible for where applicable; and
- THENEKAS may change prices for future billing periods with prior notice.
You authorize THENEKAS and its payment processors to charge your selected payment method for all amounts due. THENEKAS does not store full payment card numbers. Failure to pay may result in suspension or termination of paid features.
19. Free, Trial and Beta Features
THENEKAS may offer free features, trials, previews, beta releases or experimental features, including experimental AI capabilities. These are provided for evaluation and convenience only and:
- may change, be limited or be discontinued at any time without notice;
- may contain errors, bugs or incomplete functionality;
- may be unavailable from time to time; and
- are provided without any warranty or service commitment of any kind.
You use free, trial and beta features at your own risk.
20. Suspension
THENEKAS may suspend or restrict access to all or part of the Platform, for you or for all users, at any time, where THENEKAS considers it reasonably necessary to:
- protect the security, integrity or availability of the Platform;
- prevent fraud, abuse or harm to Customers or third parties;
- investigate suspected violations of these Terms;
- comply with applicable law or legal process;
- address non-payment; or
- perform maintenance.
Where reasonably practicable, THENEKAS will try to provide notice, but it is not required to do so.
21. Termination
You may stop using the Platform at any time and may request deletion of your Account.
THENEKAS may suspend or terminate your Account or access to the Platform at any time, with or without cause and with or without notice, including if you breach these Terms, if your use creates risk or legal exposure for THENEKAS or others, or if THENEKAS discontinues the Platform or any part of it.
Upon termination:
- your right to access the Platform ends immediately;
- Customer Data will be handled in accordance with the Privacy Policy and applicable law;
- any unpaid fees remain payable; and
- any provision of these Terms which by its nature should survive termination will survive, including Sections 6, 7, 10, 12 through 14, and 22 through 44.
THENEKAS has no obligation to keep, return or provide Customer Data after termination, except as required by law.
22. Ownership of the Platform
The Platform, including all software, source code, algorithms, designs, user interfaces, text, graphics, logos, trademarks, prompts, databases, documentation, know-how and all related intellectual property, is owned by or licensed to THENEKAS and is protected by copyright, trademark and other laws.
Subject to these Terms, THENEKAS grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform for your internal business purposes. Except for this limited right, no rights are granted to you, whether by implication, estoppel or otherwise. All rights not expressly granted are reserved by THENEKAS.
23. Customer Intellectual Property
You retain ownership of your trademarks, logos, business names, documents, records and other intellectual property that you own. Nothing in these Terms transfers ownership of your intellectual property to THENEKAS.
23A. Copyright Complaints (DMCA)
We respect copyright and expect users of the Platform to do the same. If you believe that material stored on the Platform infringes your copyright, you may send a notice under the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated agent:
- Designated agent: Saodatsho Salomatshoev, King Karom Inc.
- Email: contact@thenekas.com (subject “DMCA notice”)
- Phone: +1 218 503 2004
- Mailing address: as listed for King Karom Inc. in the U.S. Copyright Office DMCA Designated Agent Directory
Your notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work you claim is infringed; (c) identification of the material you claim is infringing and enough information for us to find it (for example the page address, or the load and document name); (d) your name, address, telephone number and email address; (e) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. We may send a copy of a notice to the person who posted the material.
When we receive a valid notice we will remove or disable access to the material and tell the person who posted it. If you believe material you posted was removed by mistake or misidentification, you may send a counter-notice to the same agent with: (a) your physical or electronic signature; (b) identification of the material removed and where it appeared; (c) a statement, under penalty of perjury, that you have a good faith belief the material was removed by mistake or misidentification; and (d) your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which THENEKAS may be found) and will accept service of process from the person who sent the notice. We will send the counter-notice to that person and, unless they tell us they have filed a court action, restore the material in 10 to 14 business days.
We will, in appropriate circumstances, disable or terminate the Accounts of users who repeatedly infringe the copyrights of others. Under 17 U.S.C. § 512(f), anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages.
24. Feedback
If you provide suggestions, ideas, feature requests or other feedback about the Platform, you grant THENEKAS a perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, modify and incorporate that feedback for any purpose, without compensation or attribution to you. Feedback does not include Customer Data.
25. Output
Subject to these Terms and the rights of third parties, you may use Output generated for you through the Platform for your lawful business purposes. THENEKAS does not claim ownership of Output generated specifically for you.
You acknowledge that similar inputs from different users may produce similar Output, that Output may not be unique, and that Output may contain errors. Nothing in this Section grants you any right in the Platform, its underlying technology or any third-party AI model.
26. Publicity
THENEKAS will not use your name or logo to identify you as a customer without your prior permission.
27. Changes to the Platform
THENEKAS continuously develops the Platform and may at any time, with or without notice, add, change, limit or remove features, integrations, user interfaces or content, change technical requirements, or discontinue the Platform or any part of it. THENEKAS is not liable to you or any third party for any such change or discontinuation.
28. Availability
THENEKAS aims to keep the Platform available but does not guarantee that it will be available at any particular time or without interruption. The Platform may be unavailable because of maintenance, updates, security incidents, failures or limits of third-party services, internet or telecommunications failures, force majeure events or other reasons. THENEKAS does not offer any service level commitment unless agreed in a separate signed writing.
29. Customer Representations and Warranties
You represent and warrant that:
- you have the authority to enter into these Terms;
- all information you provide is accurate and complete;
- you own or have all necessary rights to Customer Data and to submit it to the Platform;
- the submission and processing of Customer Data as described in these Terms and the Privacy Policy does not violate any law, contract or right of any third party;
- you have the authority to connect any third-party service you connect;
- your Users are authorized to access the Platform; and
- your use of the Platform complies with all applicable laws, including transportation, privacy, export control and sanctions laws.
30. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Platform, all Output and all content and services made available through it are provided “as is,” “as available” and “with all faults,” without warranties of any kind. THENEKAS expressly disclaims all warranties, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any warranties arising from course of dealing or usage of trade.
Without limiting the foregoing, THENEKAS does not warrant that: (a) the Platform will be uninterrupted, timely, secure or error-free; (b) any Output, including AI-generated Output, calculations, miles, rates or estimates, will be accurate, complete or reliable; (c) any defects will be corrected; (d) third-party services and integrations will be available or function correctly; (e) the Platform will meet your requirements or produce any particular business result; or (f) any Customer Data will be preserved or will not be lost.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
31. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will THENEKAS, its officers, directors, employees, affiliates, contractors, licensors or service providers be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, loads, business, business opportunity, goodwill, anticipated savings or data, or for the cost of substitute services, arising out of or relating to these Terms, the Platform or any Output, whether based on contract, tort (including negligence), strict liability or any other theory, even if THENEKAS has been advised of the possibility of such damages.
Without limiting the foregoing, THENEKAS will not be liable for any loss or damage arising from: your reliance on any Output; errors in extracted or calculated information; missed, late or unprofitable loads; detention, layover, TONU or lumper charges; fuel costs; fines, penalties or violations; cargo loss or damage; accidents; disputes with brokers, shippers, carriers or drivers; unauthorized access to your Account; or the acts or omissions of any third-party service.
To the fullest extent permitted by applicable law, the total aggregate liability of THENEKAS, its officers, directors, employees and affiliates for all claims arising out of or relating to these Terms, the Platform or any Output will not exceed the greater of (a) the total fees you actually paid to THENEKAS for the Platform during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).
These limitations apply even if any remedy fails of its essential purpose. They are a fundamental part of the basis of the bargain between you and THENEKAS, and the Platform would not be provided without them. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, THENEKAS’s liability is limited to the smallest extent permitted by law.
Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct or fraud.
32. Indemnification
You agree to defend, indemnify and hold harmless THENEKAS, its officers, directors, employees, affiliates, contractors, licensors and service providers from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- your Customer Data;
- your use or misuse of the Platform or any Output;
- your breach of these Terms or of any representation or warranty in them;
- your violation of any law or regulation;
- your violation of any right of a third party, including intellectual property, privacy and confidentiality rights;
- any dispute between you and any broker, shipper, carrier, driver, User or other third party; and
- your negligence or wilful misconduct;
- any claim by a driver, employee, contractor or other individual about information you or your Users collected, uploaded, imported or used through the Platform, or about notices or consents you were required to give or obtain; and
- any claim arising from a Company you created or verified in the name of a business you did not represent.
THENEKAS may assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with THENEKAS in asserting any available defenses. You may not settle any claim without THENEKAS’s prior written consent.
33. Force Majeure
THENEKAS will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, epidemics, power or internet failures, cyberattacks, failures of cloud infrastructure or other third-party providers, and changes in law.
34. Export Controls and Sanctions
You agree not to use, export or re-export the Platform in violation of any applicable export control, sanctions or trade laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. government restricted-party list.
35. Electronic Communications and Signatures
By using the Platform, you consent to receive communications from THENEKAS electronically, including by email and through notices on the Platform. You agree that all agreements, notices, disclosures and other communications provided electronically satisfy any legal requirement that they be in writing, and that clicking to accept or continuing to use the Platform constitutes your electronic signature and acceptance.
36. Notices
THENEKAS may give you notice by email to the address associated with your Account or by posting a notice on the Platform. Notices to THENEKAS must be sent by email to contact@thenekas.com. Notice by email is effective when sent.
37. Governing Law
These Terms and any dispute arising out of or relating to them or to the Platform are governed by the Federal Arbitration Act and the laws of the State of New York, USA, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
38. Dispute Resolution; Binding Arbitration; Class Action Waiver
38.1 Informal resolution
Before starting any arbitration or court proceeding, you agree to first contact THENEKAS at contact@thenekas.com with a written description of your claim, and to try in good faith to resolve the dispute informally for at least sixty (60) days.
38.2 Binding arbitration
Except as provided in Section 38.5, any dispute, claim or controversy arising out of or relating to these Terms, the Platform, any Output or the relationship between you and THENEKAS, including the validity, scope or enforceability of this arbitration agreement (a “Dispute”), will be resolved exclusively by final and binding arbitration on an individual basis. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect (or, if the AAA determines that its Consumer Arbitration Rules apply, under those rules) and, where they apply, its Mass Arbitration Supplementary Rules. It will be conducted in English by a single arbitrator and held by video conference or on written submissions unless the arbitrator decides that an in-person hearing is necessary, in which case it will be held in Kings County (Brooklyn), New York. Judgment on the award may be entered in any court of competent jurisdiction.
38.3 Class action and jury trial waiver
You and THENEKAS agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding. You and THENEKAS each waive the right to a trial by jury.
38.4 Opt-out
You may opt out of this arbitration agreement by sending an email to contact@thenekas.com within thirty (30) days after you first accept these Terms, stating your name, the email address of your Account and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
38.5 Exceptions
Either party may bring an individual claim in small claims court if it qualifies. Either party may seek temporary or preliminary injunctive relief in court to protect its intellectual property, confidential information or the security of the Platform.
38.6 Courts
For any Dispute that is not subject to arbitration, you and THENEKAS consent to the exclusive jurisdiction and venue of the state courts located in Kings County, New York, and the United States District Court for the Eastern District of New York.
38.7 Time limit
To the extent permitted by law, any claim arising out of or relating to these Terms or the Platform must be filed within one (1) year after the claim arose; otherwise, it is permanently barred.
38.8 Mass filings
If twenty-five (25) or more demands for arbitration that raise similar claims are filed against THENEKAS, or by THENEKAS, by or with the help of the same or coordinated counsel or organizations, the AAA will administer them under its Mass Arbitration Supplementary Rules, in batches of up to one hundred (100) demands each, and each batch will be treated as a single arbitration for filing and administrative fees, with one arbitrator per batch unless the parties agree otherwise. All batches are filed and proceed at the same time, not one after another, and neither party may hold back a batch to wait for the result of another. These rules apply the same way to both parties. Any limitation period for a claim is tolled from the filing of its demand until it is decided. This Section does not limit any party’s right to an individual decision on its own claim, and if a court finds any part of it unenforceable, that part does not apply and the demands proceed individually under Section 38.2.
38.9 Severability
If the class action waiver in Section 38.3 is found unenforceable as to any claim, that claim must be severed and decided in court, not in arbitration. If any other part of this Section 38 is found unenforceable, the remainder will continue to apply.
39. Changes to These Terms
THENEKAS may modify these Terms at any time. When it does, it will update the Effective Date and version number at the top of these Terms. For material changes, THENEKAS will provide notice through the Platform or by email and, where required by law, will ask you to accept the updated Terms. Changes take effect on the date stated in the notice or, if none is stated, when posted. Your continued use of the Platform after changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform.
40. Entire Agreement
These Terms, together with the Privacy Policy and any additional terms you accept for specific features or purchases, constitute the entire agreement between you and THENEKAS regarding the Platform and supersede all prior and contemporaneous understandings, agreements, proposals and communications on that subject.
41. Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and interpreted to reflect the original intent as closely as possible, and the remaining provisions will remain in full force and effect.
42. Assignment
You may not assign or transfer these Terms or any rights under them without THENEKAS’s prior written consent. THENEKAS may assign or transfer these Terms without your consent, including to an affiliate, or in connection with a merger, acquisition, reorganization or sale of all or part of the Platform. These Terms bind and benefit the parties and their permitted successors and assigns.
43. General Provisions
- No waiver. THENEKAS’s failure to enforce any right or provision is not a waiver of that right or provision.
- Relationship. Nothing in these Terms creates any partnership, joint venture, employment, agency or fiduciary relationship between you and THENEKAS.
- No third-party beneficiaries. These Terms do not confer any rights on any third party, except as expressly stated.
- Interpretation. Headings are for convenience only. “Including” means “including without limitation.”
- Language. These Terms are written in English. Any translation is for convenience only; the English version controls.
44. Contact Information
Questions about these Terms may be sent to:
King Karom Inc. (THENEKAS), a New York corporation
Email: contact@thenekas.com
Phone: +1 218 503 2004
Website: https://thenekas.com
Accessibility. We want everyone who works in trucking to be able to use THENEKAS and work toward WCAG 2.1 Level AA. If any part of the Platform is hard to use with a disability or an assistive technology, write to contact@thenekas.com and say what you were trying to do: we will help you do it another way and fix what we can.