Terms of Service

1. What OBRA is

OBRA is software for planning, booking, dispatching, tracking and documenting deliveries of building materials. Shippers (distributors, yards, manufacturers, installers and contractors) post loads; carriers quote on, accept and run them with their own trucks and drivers; shippers can also dispatch their own trucks.

OBRA is not a motor carrier. We don't transport, load, unload, store or take possession of any materials, and we don't insure them. Each load is an agreement between the shipper and the carrier who runs it: the shipper chooses the carrier, and the price is the one they agree on in OBRA. We are not a party to that agreement.

We don't collect, hold or send payment for freight. The shipper pays the carrier directly. The invoices and delivery records OBRA produces are records for the shipper and the carrier; they don't make OBRA responsible for payment. If we offer brokerage or payment services in the future, they will come with their own terms.

2. Accounts

• You must be at least 18 and able to enter a binding contract. OBRA is for business use.
• Give accurate information and keep it current: your company's name, addresses, phone numbers, insurance and equipment.
• Keep your password private. You're responsible for what happens under your account and for the people you add to it, such as teammates, dispatchers and drivers.
• When you add someone, you confirm you're allowed to give us their name, email and phone number. If you tick the texts box for them, you confirm they agreed to get texts.
• Tell us at support@viaobra.com if you think someone used your account without permission.

3. If you ship

• Describe each load accurately: the materials, weights, packaging (pallets or banded), the equipment it needs, the delivery window, and anything about the site a driver must know.
• Make sure the delivery site can be reached safely by the equipment the load calls for, and that someone is there when the load needs a signature.
• Only enter a customer's or job-site contact's details if you're allowed to share them with us. If you confirm a customer agreed to delivery texts, you're responsible for having that agreement.
• Pay carriers for the loads they deliver, as agreed with them.

4. If you haul

• Hold the operating authority, registrations and permits the law requires for the loads you take, and keep the insurance you show in OBRA in force. OBRA checks the certificate you upload, but that check isn't a guarantee of your coverage; tell us at once if it lapses or changes.
• Use drivers who are licensed, qualified and trained for the truck and its equipment, including truck-mounted forklifts and clamps, and keep your trucks and equipment safe and in good repair.
• Follow the law on the road and on site, including weight limits, hours of service and posted signs. Routes and arrival times in OBRA are suggestions; the driver decides what is safe.
• Run the loads you accept, or hand them back in OBRA as soon as you know you can't, so the shipper can find another truck. Don't pass a load to another carrier without the shipper's agreement.
• Responsibility for loss of or damage to materials in your care is between you and the shipper, under your agreement with them and the law.

5. Fees

Carriers and drivers don't pay to use OBRA.

Whoever books a load pays OBRA's fee for it: a booking fee for each booked load, or the lower fleet rate when the load runs on your own truck. The fee is shown in OBRA before you book. New accounts start with a free trial, shown in your account. Large fleets may agree other pricing with us in writing.

Own truck means a truck your company owns or leases, driven by your company's own employees. A truck or driver from another business, including an owner-operator you hire, is an outside carrier: invite them as a carrier, and the booking fee applies.

Obra Technologies, Inc. bills its fees to the account that booked the loads, by invoice or through a card you keep on file with our payment processor. Fees are due when billed and aren't refundable except where the law requires. We may change our fees by telling you at least 30 days ahead; new fees apply to loads booked after that.

You're responsible for taxes on what you pay or receive, other than taxes on our own income.

6. Tracking, location and delivery photos

When a driver turns on location for a load, OBRA shows the truck's position to the shipper and on the customer's tracking link until the load is delivered or the driver turns it off. The driver's phone also records where it is when the driver changes a load's stage and when a delivery photo is taken.

Delivery photos are stamped with the load number, time and location, and become part of the delivery record with any signature. The shipper, the carrier and the customer can see them.

Tracking links show the delivery's stage, the arrival time, the truck's position when it is shared, and the delivery photos. They never show the carrier or the price. Anyone with the link can open it, so share it only with the people who need it.

7. Text messages

OBRA sends text messages about loads: new loads and offers for carriers, bookings, changes, driver assignments, arrival updates and deliveries. A shipper's customers may get texts about their own delivery. We don't send marketing texts.

• How you agree: you tick the texts box beside your mobile number when you sign up or on the Texts page in OBRA, or your company adds you and confirms you agreed. Agreeing to texts isn't a condition of using OBRA.
• How often: message frequency varies with your loads.
• Cost: message and data rates may apply, under your mobile plan.
• To stop: reply STOP to any text. You'll get one reply confirming that no more texts will be sent. To start again, reply START, or turn texts back on in OBRA.
• Help: reply HELP, or email support@viaobra.com.
• Mobile carriers aren't liable for delayed or undelivered messages.

We handle mobile numbers as our Privacy Policy describes. We never sell them or share them for marketing.

8. Your information and your company's data

You own what you put into OBRA: your loads, rates, customer lists, documents and photos. You give us permission to store, process and show it as needed to run the Service for you and the people you work with on each load.

OBRA is neutral. Your loads, rates, customers and shipments are visible only to your own team, to the carriers you offer a load to (or to eligible carriers when you post it to the open board), and to the drivers and customers on it. Other shippers on OBRA, including your competitors, can't see them. We don't sell your data. We may use information combined across many accounts, with no company or person identified, to improve OBRA and its estimates.

Our Privacy Policy explains how we handle personal information.

9. Acceptable use

Don't:

• post false loads, quotes, insurance or delivery records, or accept a load you don't intend to run;
• pass a load to another carrier without the shipper's agreement;
• use OBRA to break the law, harass anyone or send spam;
• copy, scrape or resell OBRA or its data, or try to get around its security or its fees;
• upload anything you don't have the right to share, or anything harmful such as malware.

10. Our software

OBRA, its software, design and content belong to Obra Technologies, Inc. or its licensors. We give you a limited, non-exclusive, non-transferable right to use the Service under these terms while your account is open. If you send us ideas or feedback, we may use them without owing you anything.

OBRA relies on other services, such as maps and routing, email and text delivery, hosting and storage. Their availability is outside our control.

11. Estimates and availability

Arrival times, routes, distances, weights, coverage, break-even costs and suggested quotes in OBRA are estimates to help you decide. Check them before you rely on them.

We work to keep OBRA running and your data safe, but we can't promise it will always be available or free of errors. We may change, add or remove features. The demo site uses fictional companies and is reset regularly.

12. Disclaimer

To the extent the law allows, OBRA is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't guarantee any shipper's, carrier's or driver's work, insurance, payment or conduct.

13. Limit of liability

To the extent the law allows, Obra Technologies, Inc. won't be liable for indirect, incidental, special, consequential or punitive damages; for lost profits, revenue, data or business; or for loss of or damage to materials, trucks or property, arising from the Service or from any load, even if we were told they were possible.

Our total liability for all claims about the Service is limited to the greater of the fees you paid us in the 12 months before the claim arose, or $100.

Some places don't allow these limits, so they may not all apply to you.

14. Your responsibility for claims

You'll defend and compensate Obra Technologies, Inc. for claims, losses and costs (including reasonable attorneys' fees) that come from your loads, your trucks, drivers or sites, what you put into OBRA, or your breaking these terms or the law.

15. Suspending or closing an account

You can close your account at any time by emailing support@viaobra.com.

We may suspend or close an account that breaks these terms, puts others at risk or doesn't pay its fees; where it's reasonable, we'll tell you first. Loads already booked should still be run or handed back. Fees owed, and the sections on fees, your data, the disclaimer, liability, claims and the law, continue after an account closes.

We keep delivery and billing records after an account closes, as our Privacy Policy describes.

16. Changes to these terms

We may update these terms. We'll post the new version here with its date and, for important changes, tell you in OBRA or by email and ask you to agree before you continue. If you don't agree, stop using OBRA and close your account.

17. Law and disputes

Florida law governs these terms, without regard to its conflict-of-law rules. Any dispute about these terms or the Service will be decided only by the state or federal courts located in Florida, and you and we agree to their jurisdiction.

You and we each give up any right to a jury trial in a dispute about these terms or the Service.

Before filing a claim, write to us at support@viaobra.com and give us 30 days to try to resolve it.

18. General

These terms, the Privacy Policy, and anything you agree to in OBRA for a particular service are the whole agreement between you and Obra Technologies, Inc. about the Service. If a part can't be enforced, the rest still applies. Not enforcing a part isn't a waiver of it. You may not transfer these terms without our written agreement; we may transfer them with our business. Neither of us is responsible for delays caused by events beyond reasonable control, such as storms, outages or government action.

Notices to you go to your account's email address. Notices to us go to support@viaobra.com.

19. Contact

Obra Technologies, Inc. · support@viaobra.com · viaobra.com