Terms of Service

1. Agreement and Acceptance

1.1 Parties. These Terms of Service (the "Terms") are a legally binding agreement between you and CouthActs Incorporated, a Texas corporation ("CouthActs", "we", "us" or "our"). If you use the Services on behalf of a company or other organization, "you" means that organization and you represent that you have authority to bind it.

1.2 Acceptance. You accept these Terms by creating an Account, by ticking a box or clicking a button that refers to them, or by using the Services. If you do not agree, do not use the Services.

1.3 Supplemental Terms. The following documents are incorporated into and form part of these Terms (together, the "Supplemental Terms"): the Escrow and Payments Terms, the Protection Plan Terms, the Acceptable Use and Prohibited Items Policy, the Community Guidelines and Safety Policy, the Dispute Resolution Policy and, where they apply to you, the Provider Agreement, the AI Agents and API Terms and the Academy Terms. The Privacy Policy and Cookie Notice explain how we handle personal data; they are notices rather than contract terms, except where they record a choice you make.

1.4 Order of precedence. If there is a conflict, the following order applies, from highest to lowest: (a) Section 21 (Arbitration) of these Terms; (b) the Supplemental Term that specifically governs the subject of the conflict (for example, the Escrow and Payments Terms for a question about payments); (c) the remainder of these Terms; (d) any help-center article, marketing material, product description or in-app text. Marketing material and product descriptions never expand CouthActs' obligations or warranties under these Terms.

1.5 Eligibility to accept. You may accept these Terms only if you meet the eligibility requirements in Section 4.

2. Definitions

In these Terms, the following words have the meanings given below. Other capitalized words are defined where they first appear.

• "Account" means a registered CouthActs account, including any sub-account, team account or credentials issued under it.
• "AI Agent" means any software agent, assistant, model, script or automated system that accesses the Services on your behalf using an Agent Key, an OAuth connection, the CouthActs MCP server or an API key.
• "Agent Key" means an AI agent credential issued under the AI Agents and API Terms, including a credential created through an OAuth connection.
• "Booking" means a Job that a Customer and a Provider have agreed on, through acceptance of a Bid or acceptance of a fixed-price Job.
• "Bid" means an offer made by a Provider through the Services to perform a Job at a stated price.
• "Broker Authority" means the property broker operating authority granted to CouthActs by the Federal Motor Carrier Safety Administration (FMCSA) under 49 U.S.C. § 13904.
• "Brokerage Effective Date" means the date on which CouthActs' Broker Authority becomes effective.
• "Carrier" means a Provider that is a motor carrier and performs a Freight Job.
• "Content" means any text, image, file, rating, review, message, data, location information or other material.
• "Custody Record" means the cryptographically signed sequence of events that CouthActs records for a Booking, and any certificate generated from it.
• "Customer" means a User who posts a Job or books transport through the Services. For a Freight Job, the Customer is the shipper.
• "Escrow" means the contractual payment hold described in the Escrow and Payments Terms. It is not a regulated escrow, trust or deposit account.
• "Fees" means the amounts CouthActs charges for the Services, including posting fees, escrow fees, protection plan fees, identity verification fees, instant withdrawal fees, API overage fees, Advance fees and Academy fees, each as described in the Supplemental Terms or at the point of purchase.
• "Freight Job" means a Job in the Freight Trucking, Heavy Haul, Hazmat, Oversized Cargo, Moving or Courier and Last Mile mode for the for-hire transportation of property (including household goods) by motor vehicle.
• "Freight Brokerage Services" means the services CouthActs provides as a property broker for Freight Jobs under Section 3.3.
• "Job" means a request for transport of goods or passengers posted by a Customer, whether open to Bids or offered at a fixed price (including Instant jobs).
• "Marketplace Services" means the Services CouthActs provides for every Job that is not brokered under Section 3.3.
• "Platform Credential" means a provider credential, badge, CouthActs Score, tier, Academy certificate or similar signal issued or displayed by CouthActs.
• "Protection Plan" means a CouthActs Protection tier described in the Protection Plan Terms.
• "Provider" means a User who offers, bids for or performs transport services through the Services, including a carrier, operator, driver, courier, mover, crew or other service business, and its personnel.
• "Provider Verification" means the review of a Provider by the CouthActs team described in Section 4.6.
• "Services" means the CouthActs websites (including www.couthacts.com), the CouthActs apps for iOS, iPadOS, macOS, tvOS, visionOS and Android, the CouthActs APIs, MCP server and OAuth endpoints, the Wallet, the Academy, the Freight Brokerage Services, and all related features and support.
• "Transport Contract" means the contract for the carriage of goods or passengers on a Job, described in Section 5.4.
• "Transport Services" means the carriage, movement, handling, storage in transit or delivery of goods or passengers, and any related services, performed by a Provider.
• "User" means any person or organization that accesses or uses the Services, including Customers and Providers.
• "Wallet" means the stored balance associated with your Account, described in the Escrow and Payments Terms.

2.1 Interpretation. "Including" and similar words mean "including without limitation". Headings are for convenience only. References to Sections are to Sections of these Terms unless stated otherwise. "Days" means calendar days. Amounts are in United States dollars unless stated otherwise.

3. CouthActs' Role: Marketplace and Licensed Property Broker

3.1 Two roles. CouthActs acts in one of two capacities for each Job. For Freight Jobs, from the Brokerage Effective Date, CouthActs acts as a licensed property broker under Section 3.3. For every other Job, and for Freight Jobs before the Brokerage Effective Date, CouthActs provides Marketplace Services under Section 3.2. In neither capacity is CouthActs a carrier.

3.2 Marketplace Services. For Jobs that are not brokered, CouthActs provides a technology marketplace that lets Customers post Jobs, lets verified independent Providers bid for or accept them, and provides tools to communicate, hold and release payment, record custody events and rate performance. CouthActs acts as a limited payment collection agent of Providers as described in the Escrow and Payments Terms. CouthActs is not a party to the Transport Contract and does not arrange, perform, supervise or control the Transport Services.

3.3 Freight Brokerage Services. For Freight Jobs, CouthActs Incorporated acts as a property broker licensed by FMCSA under 49 U.S.C. § 13904 and subject to 49 C.F.R. Part 371. As broker, CouthActs arranges for the transportation of the Customer's property by a Carrier that holds the operating authority the law requires and has passed Provider Verification for the relevant mode. The Carrier, not CouthActs, performs the transportation and is the carrier for all purposes. CouthActs' USDOT and MC numbers are displayed at the foot of every page of the Services. CouthActs maintains financial security of US$75,000 in the form required by 49 U.S.C. § 13906(b) and 49 C.F.R. § 387.307 (a surety bond on Form BMC-84 or a trust fund agreement on Form BMC-85), which is available to shippers and motor carriers for claims arising from CouthActs' failure to pay freight charges or to perform its obligations as a broker, as provided by those rules.

3.4 Never a carrier. CouthActs does not represent, and will not represent, its operations as those of a carrier (49 C.F.R. § 371.7). CouthActs does not own or operate vehicles, vessels or aircraft, does not take possession, custody or control of any goods, does not issue bills of lading as a carrier, and does not transport any passenger. CouthActs is not a motor carrier, common carrier, contract carrier, freight forwarder, ocean transportation intermediary, non-vessel-operating common carrier, indirect air carrier, air charter broker, air carrier, transportation network company, taxi or limousine operator, customs broker, shipper, consignee, bailee, warehouseman, insurer or insurance producer.

3.5 Broker records and your right to review them. For each Freight Job that CouthActs brokers, CouthActs keeps, for three (3) years, a record of the name and address of the consignor; the name, address and registration number of the originating Carrier; the bill of lading or freight bill number; the amount of compensation CouthActs received for its brokerage service and the name of the payer; the amount of any freight charges CouthActs collected and the date of payment to the Carrier; and a description and the amount of any non-brokerage service. Each party to the brokered transaction has the right to review the record of that transaction (49 C.F.R. § 371.3). To review a record, email legal@couthacts.com with the Booking's tracking code; CouthActs will make it available within a reasonable time.

3.6 Broker compensation. CouthActs' compensation for Freight Brokerage Services consists of the posting fee and any Protection Plan fee paid by the Customer and the escrow fee deducted from the Carrier's payment, each as set out in the Escrow and Payments Terms and shown before the Job is posted or the Bid is accepted. CouthActs does not mark up the Carrier's accepted price and does not receive any other compensation from the Carrier or Customer for brokering the shipment. CouthActs does not give rebates or compensation to a shipper, consignee or Carrier in violation of 49 C.F.R. § 371.9, and keeps the accounts of its brokerage business separate from its other activities as 49 C.F.R. § 371.13 requires.

3.7 Household goods. Where a Freight Job is a household goods move for an individual shipper, CouthActs also acts as a household goods broker under 49 C.F.R. Part 371, Subpart B. CouthActs provides the individual shipper with the information those rules require (including the FMCSA publications "Ready to Move?" and "Your Rights and Responsibilities When You Move" and a list of the Carriers it uses), uses only Carriers authorized to transport household goods, does not provide estimates except on the basis of a written agreement with the Carrier and the Carrier's tariff, and handles any deposit or advance payment only as those rules allow.

3.8 Carrier liability for loss and damage. For a Freight Job, the Carrier is liable to the Customer for loss of, damage to and delay of the property under 49 U.S.C. § 14706 (the "Carmack Amendment") and the Carrier's bill of lading. TO THE FULLEST EXTENT PERMITTED BY LAW, COUTHACTS, AS BROKER, IS NOT LIABLE FOR LOSS OF, DAMAGE TO OR DELAY OF PROPERTY TRANSPORTED BY A CARRIER. CouthActs will help the Customer present a cargo claim to the Carrier and the Carrier's insurer under 49 C.F.R. Part 370. Nothing in these Terms limits a Carrier's liability under the Carmack Amendment, which can be limited only as that law allows.

3.9 Before the Brokerage Effective Date. Sections 3.3 to 3.8 take effect on the Brokerage Effective Date. Until then, CouthActs does not broker Freight Jobs, and Freight Jobs are offered only as Marketplace Services under Section 3.2.

3.10 Regulatory responsibility of Providers. Each Provider is responsible for holding and maintaining all operating authority, registrations, licenses, certificates, permits and insurance that the law requires for the Transport Services it offers, including any authority required from FMCSA, the Pipeline and Hazardous Materials Safety Administration (PHMSA), the Federal Aviation Administration (FAA), the U.S. Department of Transportation, the U.S. Coast Guard, the Federal Maritime Commission, state and local regulators, and foreign authorities. Provider Verification does not shift that responsibility to CouthActs.

4. Eligibility, Accounts and Verification

4.1 Eligibility. You must be at least eighteen (18) years old and able to form a binding contract in your jurisdiction. The Services are not directed to, and may not be used by, anyone under 18, including as a passenger booked through another person's Account unless that person is the passenger's parent or legal guardian and travels with them or has arranged their care in accordance with the Provider's policies and applicable law. You may not use the Services if you are barred by law, if we have previously terminated your Account, or if you are subject to sanctions as described in Section 23.

4.2 Accurate information. You must provide accurate, current and complete information, keep it up to date, and use your legal name. Each person may hold only one personal Account.

4.3 Account security. You are responsible for all activity under your Account and its credentials, including activity by anyone you allow to use it and by your AI Agents. Keep your password, API keys and Agent Keys confidential and notify us immediately at support@couthacts.com if you believe they have been compromised.

4.4 Identity verification. To post Jobs, bid, receive payouts or use certain features, you must complete identity verification. Identity verification is performed by Stripe, Inc. and its affiliates ("Stripe") using Stripe Identity, which checks a government-issued identity document and a live selfie, and compares the selfie with the photo on the document. The name on your document must match the name on your Account. The verification fee and its refund rules are set out in the Escrow and Payments Terms. Changing the name on your Account resets your identity verification. The processing of identity and biometric data is described in the Privacy Policy.

4.5 Limits of identity verification. Identity verification confirms only that, at the time of the check, a person presented an identity document that Stripe's systems assessed as genuine and a selfie that matched it. IDENTITY VERIFICATION IS NOT A CRIMINAL BACKGROUND CHECK, DRIVING RECORD CHECK OR CREDIT CHECK, AND COUTHACTS DOES NOT CONDUCT THESE CHECKS UNLESS A FEATURE EXPRESSLY SAYS SO.

4.6 Provider Verification. Before a Provider may bid for or accept Jobs in a transport mode, the CouthActs team independently reviews the Provider for that mode. The review covers: (a) the Provider's USDOT number and operating authority, checked against FMCSA public records where the mode requires them, including that the authority is active and that the Provider is not subject to an out-of-service order; (b) a certificate of insurance for each coverage the Provider Agreement requires for the mode, naming CouthActs Incorporated as certificate holder; and (c) each license, certificate and permit the mode requires, checked against the issuing authority's records where those records are available. A Provider is approved separately for each mode. CouthActs re-verifies a document when it expires, and suspends the Provider's approval for a mode automatically if any required authority, insurance or license for that mode lapses, is suspended or is not renewed. A Provider shown as "verified by CouthActs" for a mode has passed this review and was not suspended at the time shown.

4.7 What Provider Verification is and is not. Provider Verification is a point-in-time review of the documents a Provider submits and of public records available to CouthActs. IT IS NOT A GUARANTEE OR WARRANTY OF ANY PROVIDER'S PERFORMANCE, SAFETY, SAFETY RATING, DRIVING RECORD, CRIMINAL HISTORY, FINANCIAL CONDITION OR CONTINUED COMPLIANCE, OR THAT AN INSURER WILL PAY A CLAIM. Documents can be forged, records can be out of date, coverage can be cancelled between reviews, and insurance policies contain exclusions. CouthActs performs Provider Verification with reasonable care according to the procedures described in Section 4.6, and its responsibility for selecting, approving or continuing to approve a Provider is limited, to the fullest extent permitted by law, to performing those procedures with reasonable care. Customers who need more assurance (for example, a specific insurer, limit or safety rating) should state it in the Job and confirm it with the Provider before booking.

4.8 Platform Credentials. A badge, Score, tier or credential is not an endorsement or guarantee beyond the scope of the checks described in Sections 4.4 to 4.7.

5. Jobs, Bids and Bookings

5.1 Posting a Job. A Customer who posts a Job must describe it accurately and completely, including the nature, quantity, weight, dimensions, value, packaging and special handling needs of any goods, any hazardous materials, any live animals, the number of passengers, and the pickup and delivery details. When a Job is posted, the Customer's Wallet is debited for the posting fee, any Protection Plan fee and the full budget, which is held under the Escrow and Payments Terms.

5.2 Bids. A Bid is an offer by the Provider to perform the Job as posted for the Bid amount. A Bid may not exceed the posted budget and may not be lower than the published minimum for the mode. Only a Provider approved for the Job's mode under Section 4.6 may bid. A Provider may withdraw a Bid that has not been accepted.

5.3 Fixed-price and Instant jobs. Where a Job is offered at a fixed price (including an Instant job), the Customer's posting is an offer to any Provider approved for the mode to perform the Job at the posted price, and the first such Provider to accept it through the Services accepts that offer. An Instant job that no Provider accepts within the period shown when it is posted expires, and the held budget returns to the Wallet.

5.4 Formation of the Transport Contract. When the Customer accepts a Bid, or a Provider accepts a fixed-price Job, through the Services:

• for a Job provided as Marketplace Services, a Transport Contract is formed directly between the Customer and the Provider, and CouthActs is not a party to it; and
• for a Freight Job brokered under Section 3.3, CouthActs has arranged the transportation as broker, the Transport Contract (the contract of carriage) is between the Customer as shipper and the Carrier and is evidenced by the Carrier's bill of lading or receipt, and CouthActs' obligations as broker are those set out in these Terms and in the Broker-Carrier Agreement.

In each case the Transport Contract consists of the Job description, the accepted price, any terms the parties agree in writing through the Services, the Carrier's bill of lading where one is issued, and the terms in Section 6. CouthActs then records a Booking, creates a tracking code and a delivery PIN, and holds the agreed amount under the Escrow and Payments Terms.

5.5 Expiry. A Job that is not booked within fourteen (14) days of posting expires and the held budget returns to the Customer's Wallet. Fees are not refunded on expiry, except as stated in the Escrow and Payments Terms.

5.6 Delivery confirmation. Each Booking has a six-digit delivery PIN that is shown only to the Customer. The Customer should give the PIN to the Provider only after the goods have been handed over, or the passenger trip has ended, to the Customer's satisfaction. Entry of the correct PIN by the Provider is recorded as a verified handover in the Custody Record. GIVING THE PIN TO THE PROVIDER IS YOUR ACKNOWLEDGMENT THAT HANDOVER OCCURRED. It does not waive any claim for concealed loss or damage that you could not reasonably discover at handover, which you must report under Section 7.4 and the Dispute Resolution Policy, or any claim against a Carrier under the Carmack Amendment. A Booking is completed when both the Customer and the Provider have confirmed completion through the Services. Payment is then released to the Provider as described in Section 5 of the Escrow and Payments Terms, including, where it applies to the Booking, the Release Hold in Section 5.5, during which either party may still open a dispute.

5.7 Cancellations. Either the Customer or the Provider may cancel a Booking through the Services before the Provider starts the Job. If a Booking is canceled, the unreleased amount held for it is returned to the Customer's Wallet. Once a Job has started, it can no longer be canceled through the Services; a party who believes the other has not performed should open a dispute under the Dispute Resolution Policy. A Customer may cancel a posting that has not yet been booked where the Services offer that option. Fee treatment on cancellation is set out in the Escrow and Payments Terms. Repeated or late cancellations may affect a User's CouthActs Score, visibility or access under Section 18.

5.8 No off-platform payment. Users must pay and accept payment for any Job found through the Services only through the Services. Arranging payment outside the Services to avoid Fees is a material breach of these Terms.

6. Terms of Carriage Between Customer and Provider

6.1 Default terms. Unless the Customer and Provider expressly agree otherwise in writing through the Services, and to the extent permitted by applicable law, each Transport Contract includes the following terms. The Provider will perform the Transport Services with due care, in a safe, lawful and professional manner, with suitable equipment and qualified personnel, and in accordance with the Job description. The Customer will tender goods that are accurately described, lawfully shipped, properly packaged, marked and labeled, and, for passengers, will provide accurate passenger details and comply with the Provider's reasonable safety instructions.

6.2 Risk of loss and damage. Risk of loss of, damage to and delay of goods, and responsibility for the safety of passengers, rests with the Customer and the Provider according to the Transport Contract and the law that governs it. COUTHACTS NEVER TAKES POSSESSION OF GOODS, NEVER BEARS RISK OF LOSS AND IS NOT LIABLE AS A CARRIER, BAILEE OR WAREHOUSEMAN.

6.3 Carrier liability laws. Where a Provider is a motor carrier or freight forwarder providing transportation subject to the Carmack Amendment, or where other carrier liability regimes apply (for example, the Montreal Convention for international air carriage, the Carriage of Goods by Sea Act or the Hague-Visby Rules for ocean carriage, and the household goods rules at 49 C.F.R. Part 375), the Provider's liability to the Customer is governed by that law. Nothing in these Terms limits or expands a Provider's liability under that law. Any limitation of a Provider's liability (including a released value) is effective only if the Provider and Customer agree to it in a manner that complies with that law, such as a written agreement offering the shipper a choice of liability levels under 49 U.S.C. § 14706(c). Claims under the Carmack Amendment or similar laws must be made against the Provider, not CouthActs, and Section 3.8 applies to Freight Jobs. Claim-filing periods that those laws guarantee (for Carmack, at least nine (9) months to file a written claim with the carrier and at least two (2) years to sue after the claim is declined) are not shortened by these Terms.

6.4 Declared value. Customers must declare the value of goods accurately. The Protection Plan and any Provider liability may be limited by the declared value. Customers who need cover for the full value of goods, or cover a Provider's liability does not provide, should obtain their own cargo or transit insurance.

6.5 Passengers. Passenger Transport Services are provided by the Provider, who is solely responsible for vehicle, vessel and aircraft safety, licensing, operator qualifications, and compliance with passenger carriage laws. Passengers must follow the law and the Provider's lawful safety instructions, including seat belt, child restraint and flight or vessel safety rules.

7. Payments, Escrow, Fees and Refunds

7.1 Payment Terms. Payments, the Wallet, Escrow, Fees, refunds, payouts and chargebacks are governed by the Escrow and Payments Terms, which form part of these Terms.

7.2 Fees. You agree to pay all Fees that apply to your use of the Services, as described in the Escrow and Payments Terms or shown to you before you incur them. CouthActs may change its Fees prospectively under Section 25. Fees are exclusive of taxes unless stated otherwise.

7.3 Taxes. Each User is responsible for all taxes, duties and governmental charges that apply to the Transport Services they buy or sell and to their income, except taxes on CouthActs' own net income. Providers are responsible for determining, collecting, reporting and remitting any sales, use, value-added, goods and services, transport or similar taxes on their Transport Services.

7.4 Claims notice. To preserve any claim relating to a Booking under the Escrow and Payments Terms, the Protection Plan Terms or the Dispute Resolution Policy, you must give notice within the deadlines in those documents. Those deadlines do not apply to claims against a Provider under laws that guarantee a longer period (see Section 6.3).

8. Protection Plans

8.1 Not insurance. COUTHACTS PROTECTION PLANS ARE NOT INSURANCE. They are a limited, contractual reimbursement program offered by CouthActs to the Customer who buys them, subject to the caps, conditions and exclusions in the Protection Plan Terms. CouthActs is not an insurer, insurance producer, agent or broker. A Protection Plan does not cover Providers, does not replace any insurance a Provider is required to carry, and does not cover passengers for bodily injury.

8.2 Mandatory tier. For certain high-risk modes, the highest Protection Plan tier is required, as described in the Protection Plan Terms.

9. Prohibited Items and Acceptable Use

9.1 Policy. Your use of the Services must comply with the Acceptable Use and Prohibited Items Policy, which lists prohibited goods and conduct and the conditions that apply to regulated goods such as hazardous materials and live animals.

9.2 Hazardous materials. A Customer who offers hazardous materials for transport is the "offeror" or "shipper" under 49 C.F.R. Parts 171 to 180 and equivalent international rules (including the IATA Dangerous Goods Regulations and the IMDG Code), and is solely responsible for classification, packaging, marking, labeling, shipping papers and emergency response information. Hazardous materials may be booked only in the Hazmat mode and only with a Provider that holds the required registrations and qualifications.

9.3 Customs and trade. The Customer is the shipper, exporter or importer of record (or must arrange one) and is responsible for all customs declarations, duties, export controls and trade compliance. CouthActs does not provide customs brokerage. Any reference in the Services to customs paperwork refers to services that a Provider or its licensed customs broker may offer.

10. Passenger Safety, SOS and Live Location

10.1 Safety is shared. Customers and Providers are each responsible for their own safety and for complying with the Community Guidelines and Safety Policy.

10.2 SOS feature. On eligible passenger Bookings that are in progress, the Customer can send an SOS alert. An SOS alert sends the Booking details, the Customer's contact details and the most recent location the Provider shared to the CouthActs safety team by email, and marks the Provider unavailable for new work. THE SOS FEATURE IS NOT AN EMERGENCY SERVICE. IT DOES NOT CONTACT POLICE, FIRE, AMBULANCE OR ANY OTHER EMERGENCY RESPONDER, AND COUTHACTS DOES NOT MONITOR SOS ALERTS AROUND THE CLOCK OR GUARANTEE ANY RESPONSE TIME. IN AN EMERGENCY, ALWAYS CALL YOUR LOCAL EMERGENCY NUMBER (911 IN THE UNITED STATES) FIRST. The SOS feature depends on network connectivity, device settings and email delivery, and may fail or be delayed.

10.3 Live location. Providers may share their device's location during an active Booking so the Customer can follow the Job. Location is reported by the Provider's device or systems and may be delayed, inaccurate or unavailable. The Customer and Provider see the exact location when signed in. The Customer may share a public tracking link, which shows only an approximate location, can be replaced or turned off by the Customer, and stops working twenty-four (24) hours after the Booking completes or when it is canceled or disputed, as described in the Privacy Policy. Live location is not a safety monitoring service and is not watched by CouthActs.

11. Communications Between Users

11.1 Chat. The Services let the parties to a Booking message each other. Messages are delivered to the other party in the app, by push notification and by email, according to their notification settings. Chat closes forty-eight (48) hours after a Booking completes and when a Booking is canceled.

11.2 Use of contact details. You may use another User's contact details and messages only to perform the Booking and resolve issues with it, and not for marketing, harassment or circumvention of the Services.

11.3 Monitoring. CouthActs does not routinely monitor messages but may access, review and retain them to operate the Services, investigate safety incidents, disputes and violations, comply with law and respond to valid legal process, as described in the Privacy Policy.

12. Ratings, Reviews and the CouthActs Score

12.1 Reviews. After a Booking completes, the Customer may rate and review the Provider. Reviews must be honest, based on the reviewer's own experience of that Booking, and comply with the Community Guidelines. You may not offer or accept anything of value for a review, or threaten a review to obtain a refund or concession.

12.2 Moderation. CouthActs does not edit the substance of reviews, but may remove or decline to publish a review that violates these Terms, the Community Guidelines or the law, or in response to a valid legal request. CouthActs complies with the Consumer Review Fairness Act and will not use these Terms to penalize honest reviews.

12.3 CouthActs Score and Platform Credentials. The CouthActs Score, tiers, badges and provider credentials are generated from data recorded in the Services, such as completion, timeliness, ratings, disputes and verification status. They are informational opinions, not guarantees, and CouthActs may change the methodology at any time. Provider credentials are signed by CouthActs to show that they have not been altered since issue; a signature attests only to what CouthActs recorded, not to the truth of information supplied by Users.

13. Custody Records

13.1 What they show. A Custody Record shows the events that CouthActs recorded for a Booking and when, such as booking, start, location checkpoints reported by the Provider, PIN handover, confirmations, payment release and disputes. Each event is hashed and signed so that later alteration can be detected.

13.2 What they do not show. A Custody Record is not an inspection, survey or certification of the goods, their condition or quantity, and does not prove the accuracy of information reported by a User or device. It does not replace a bill of lading, delivery receipt or proof of delivery under any law, and it does not decide a dispute.

13.3 Integrity. Custody Records are designed to be append-only. CouthActs may retain them for the periods in the Privacy Policy even after an Account is closed, because they evidence financial and transport events for both parties.

14. AI Agents, APIs and Connectors

14.1 Agent actions bind you. You may authorize AI Agents to act for you under the AI Agents and API Terms. ANY ACTION AN AI AGENT TAKES USING YOUR AGENT KEY OR OAUTH CONNECTION, WITHIN THE SCOPES, SPENDING LIMITS AND APPROVAL SETTINGS YOU CONFIGURED, IS TREATED AS YOUR OWN ACTION, BINDS YOU, AND MAY FORM A TRANSPORT CONTRACT AND COMMIT YOUR FUNDS. You are responsible for choosing, instructing and supervising your AI Agents and for keeping their credentials secure.

14.2 Third-party AI platforms. AI assistants such as those offered by Anthropic, OpenAI or others are third-party services governed by their own terms. CouthActs is not responsible for their outputs, errors, availability or data practices.

15. User Content and Licenses

15.1 Your Content. You keep ownership of Content you submit. You grant CouthActs a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, reproduce, adapt, display, distribute and otherwise use your Content to operate, secure, improve and promote the Services, to perform Bookings, to resolve disputes and to comply with law. This license continues for Content shared with other Users (such as reviews and Custody Records) after your Account closes, and otherwise ends when the Content is deleted under the Privacy Policy.

15.2 Your responsibility. You represent that you have all rights needed to submit your Content and that it does not violate the law or anyone's rights.

15.3 Feedback. If you give us suggestions or feedback, we may use them without obligation to you.

15.4 Copyright complaints. If you believe Content on the Services infringes your copyright, send a notice that meets 17 U.S.C. § 512(c)(3) to legal@couthacts.com or to our address in Section 26.4. We may remove Content and terminate repeat infringers.

16. CouthActs Intellectual Property and License to Use the Services

16.1 Ownership. The Services, including software, designs, text, graphics, data compilations, models and the CouthActs name and logos, are owned by Enemo Consulting Group, Inc. and licensed to CouthActs, or are owned by CouthActs or its licensors, and are protected by intellectual property laws. CouthActs and the CouthActs logo are trademarks of Enemo Consulting Group, Inc. used under license.

16.2 Your license. Subject to these Terms, CouthActs grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for their intended purpose. All rights not expressly granted are reserved.

16.3 Restrictions. You must not copy, modify, distribute, sell or lease any part of the Services; reverse engineer or attempt to extract source code, except where the law expressly permits it; scrape or harvest data; circumvent security, rate limits or access controls; or use the Services to build a competing product.

17. Third-Party Services

17.1 Third parties. The Services rely on and link to services operated by third parties, including Stripe (payments, payouts and identity verification), Apple and Google (app distribution and push notifications), mapping providers and AI assistant platforms. Your use of those services is governed by their terms and privacy policies. COUTHACTS IS NOT RESPONSIBLE FOR THIRD-PARTY SERVICES AND MAKES NO WARRANTY ABOUT THEM.

17.2 Stripe. Payment processing for Providers is provided by Stripe and is subject to the Stripe Connected Account Agreement, as described in the Escrow and Payments Terms. Stripe is not a party to the Transport Contract.

18. Suspension, Termination and Account Closure

18.1 By you. You may close your Account at any time from Settings in the web or mobile apps, subject to completing or canceling open Bookings, resolving open disputes and settling any amounts you owe. The Escrow and Payments Terms explain what happens to any Wallet balance.

18.2 By CouthActs. CouthActs may warn you, limit features, hold funds as permitted by the Escrow and Payments Terms, suspend or terminate your Account, or remove Content, if: (a) you breach these Terms or any Supplemental Term; (b) we reasonably suspect fraud, illegal activity, a safety risk or a sanctions issue; (c) required by law, a court, a regulator or our payment partners; (d) your verification lapses or fails; or (e) we discontinue the Services or a feature. Where reasonable and lawful, we will tell you the reason and give you an opportunity to respond. Business users in the European Union receive the statement of reasons and notice periods required by Regulation (EU) 2019/1150 and Regulation (EU) 2022/2065.

18.3 Effect. On termination your license ends. Bookings already formed remain contracts between the Customer and Provider. Amounts held for Bookings are handled under the Escrow and Payments Terms. Sections 2, 3, 6.2, 6.3, 7, 8.1, 13.3, 14.1, 15.1, 15.3, 16.1, 17, 18.3 and 19 through 27 survive termination, together with any other provision that by its nature should survive.

19. Disclaimers

19.1 As is. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. COUTHACTS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

19.2 Users, goods and transport. EXCEPT FOR ITS OBLIGATION TO PERFORM PROVIDER VERIFICATION AS DESCRIBED IN SECTION 4.6 AND ITS OBLIGATIONS AS BROKER UNDER SECTION 3.3, COUTHACTS MAKES NO REPRESENTATION OR WARRANTY ABOUT ANY USER, PROVIDER, CUSTOMER, GOODS, PASSENGER OR TRANSPORT SERVICES, INCLUDING THEIR IDENTITY, BACKGROUND, LICENSING, AUTHORITY, INSURANCE, SAFETY, QUALITY, LEGALITY OR PUNCTUALITY, OR THE OUTCOME OF ANY VERIFICATION, SCORE OR CREDENTIAL. Section 4.7 describes the limits of Provider Verification. You are solely responsible for your decisions to post, bid on, accept or perform any Job.

19.3 Availability and data. COUTHACTS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT LOCATION, TRACKING, PRICE GUIDANCE, QUOTES, CURRENCY CONVERSIONS, NOTIFICATIONS OR SOS ALERTS WILL BE ACCURATE, DELIVERED OR AVAILABLE, OR THAT DEFECTS WILL BE CORRECTED. Price guidance and currency conversions are estimates for information only.

19.4 Statutory rights. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. If you are a consumer, you may have statutory rights that cannot be waived, and nothing in these Terms affects them.

20. Limitation of Liability and Indemnity

20.1 Excluded damages. TO THE FULLEST EXTENT PERMITTED BY LAW, COUTHACTS, ITS PARENT, AFFILIATES AND LICENSORS (INCLUDING THE RAVINE OF WILLOWS, INC. AND ENEMO CONSULTING GROUP, INC.), AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (THE "COUTHACTS PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR ANTICIPATED SAVINGS, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES OR ANY TRANSPORT SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THEIR POSSIBILITY.

20.2 Conduct of others. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COUTHACTS PARTIES ARE NOT LIABLE FOR ANY LOSS, DAMAGE, DELAY, INJURY OR DEATH ARISING FROM THE ACTS OR OMISSIONS OF ANY USER, CARRIER OR OTHER THIRD PARTY, FROM ANY GOODS, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF ANY TRANSPORT SERVICES. This Section does not exclude liability for CouthActs' own failure to perform Provider Verification with reasonable care (Section 4.7) or its own obligations as broker, which remain subject to Sections 20.1, 20.3 and 20.4.

20.3 Aggregate cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COUTHACTS PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE FEES THAT COUTHACTS RETAINED FROM YOU IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS (US$100). For clarity, this cap does not reduce (i) CouthActs' obligation to return or pay out funds that it holds for you in your Wallet or in Escrow in accordance with the Escrow and Payments Terms, or (ii) any amount CouthActs has agreed to pay under a Protection Plan, which is subject to its own limits.

20.4 Exceptions. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for: (a) death or personal injury caused by the negligence of CouthActs or its employees; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other matter for which liability cannot lawfully be limited (for California residents, this includes the matters in California Civil Code § 1668).

20.5 Basis of the bargain. The limitations in this Section 20 allocate risk between you and CouthActs, are reflected in the Fees, and apply even if a limited remedy fails of its essential purpose.

20.6 Jurisdiction-specific savings. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations above may not apply to you. If you are a New Jersey resident, the limitations in Sections 19 and 20 apply only to the extent permitted by New Jersey law, and nothing in these Terms limits any right you have under New Jersey law. If you are a consumer in the European Economic Area, the United Kingdom or Switzerland, CouthActs is responsible for loss or damage that is a foreseeable result of its breach of these Terms or its failure to use reasonable care and skill, Sections 20.1 to 20.3 apply only to the extent permitted by your mandatory local law, and nothing limits liability for defective digital content or services or other statutory rights. If you are a consumer in Australia, nothing in these Terms excludes the consumer guarantees under the Australian Consumer Law.

20.7 Indemnity. To the fullest extent permitted by law, you will defend, indemnify and hold harmless the CouthActs Parties from and against all claims, demands, actions, losses, liabilities, penalties, fines, costs and expenses (including reasonable attorneys' fees) brought by a third party or a governmental authority, arising out of or relating to: (a) your breach of these Terms or any Supplemental Term; (b) your goods, including their description, packaging, classification and legality; (c) Transport Services you provide or receive; (d) your Content; (e) your negligence, willful misconduct or violation of law or of any third party's rights; (f) any tax, duty or charge for which you are responsible; (g) where you are a Provider, any claim that you or your personnel are an employee, worker or agent of CouthActs, or any claim relating to your personnel's wages, benefits or classification; and (h) actions taken by your AI Agents. CouthActs may control the defense of any claim at your expense, and you will not settle a claim that imposes any obligation on a CouthActs Party without CouthActs' written consent. This Section 20.7 does not require you to indemnify a CouthActs Party for its own fraud, gross negligence or willful misconduct.

20.8 Release for disputes between Users. Disputes about a Booking are between the Customer and the Provider. To the fullest extent permitted by law, you release the CouthActs Parties from claims arising out of disputes with other Users, except claims arising from CouthActs' own fraud, gross negligence or willful misconduct or from its obligations under the Escrow and Payments Terms or a Protection Plan. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law in other jurisdictions.

20.9 Time limit for claims against CouthActs. To the extent permitted by law, any claim against CouthActs arising out of or relating to these Terms or the Services must be filed (in arbitration or, where permitted, in court) within one (1) year after the claim arose; otherwise it is permanently barred. This Section does not apply to claims for which the law forbids a shortened limitation period, and does not shorten any period that applies to claims against a Provider under Section 6.3.

21. Arbitration Agreement and Class Action Waiver

21.1 Scope. You and CouthActs agree that any dispute, claim or controversy between you and CouthActs (or any CouthActs Party) arising out of or relating to these Terms, the Services, your Account, any Booking or the relationship between you and CouthActs, whether based in contract, tort, statute, fraud or any other theory, and whether arising before or after you accepted these Terms (a "Claim"), will be resolved by binding individual arbitration, except as provided in Sections 21.3 and 21.12. The arbitrator, and not any court, decides all questions about the interpretation, applicability, enforceability or formation of this Section 21, except that a court decides questions about Sections 21.5 (Class and jury waiver), 21.7 (Mass arbitration) and 21.11 (Severability), and any question about whether a Claim falls within Section 21.3.

21.2 Informal resolution first. Before starting arbitration, the party with a Claim must send the other a written notice (a "Notice of Claim") that includes the claimant's name, contact details and Account email, a description of the Claim and the relief sought, and the claimant's personal signature (and the signature of their counsel, if represented). Notices to CouthActs go to legal@couthacts.com and to our address in Section 26.4. For sixty (60) days after the Notice of Claim is received, the parties will try in good faith to resolve the Claim, which includes an individual telephone or video conference between the claimant and CouthActs if either requests it (counsel may attend). Statutes of limitation and filing-fee deadlines are tolled during this period. A party may not start arbitration until this process is completed, and an arbitration provider may administer a demand only if the claimant certifies that it has been followed.

21.3 Exceptions. Either party may (a) bring an individual Claim in small claims court if it qualifies and remains there on an individual basis; (b) bring a Claim in court to stop infringement or misuse of intellectual property; and (c) seek temporary injunctive relief in court to preserve the status quo pending arbitration. Claims for public injunctive relief, where the law makes them non-waivable, will be decided by a court after the individual Claims and relief are decided in arbitration, and the court proceedings will be stayed until then.

21.4 Rules and administrator. The arbitration will be administered by the American Arbitration Association ("AAA") or by JAMS, as chosen by the party that starts the arbitration, under that administrator's rules in effect when the arbitration starts: for a consumer, AAA's Consumer Arbitration Rules or the JAMS Streamlined Arbitration Rules and Procedures, together with any applicable consumer minimum standards; and otherwise AAA's Commercial Arbitration Rules or JAMS's Comprehensive Arbitration Rules and Procedures. If the chosen administrator is unavailable, the parties will agree on another, or a court will appoint one under 9 U.S.C. § 5. The Federal Arbitration Act, 9 U.S.C. § 1 and following, governs this Section 21.

21.5 Class and jury waiver. YOU AND COUTHACTS EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. The arbitrator may award relief only to the individual claimant and only to the extent needed to resolve that claimant's individual Claim. The arbitrator may not consolidate Claims of different people except as provided in Section 21.7. To the extent the law does not permit a waiver of representative claims under the California Private Attorneys General Act or similar statutes, those claims will be stayed until individual Claims are arbitrated.

21.6 Hearing, fees and costs. For Claims of US$25,000 or less, the arbitration will be decided on written submissions unless the arbitrator decides a hearing is needed. Any hearing will take place by video conference or in the county where you live, unless the parties agree otherwise. If you are a consumer, CouthActs will pay all administrative and arbitrator fees beyond the filing fee you would pay to start a case in court, unless the arbitrator finds your Claim frivolous or brought for an improper purpose. Each party pays its own attorneys' fees unless the law or the administrator's rules allow the arbitrator to award them.

21.7 Mass arbitration. If twenty-five (25) or more similar demands are filed against CouthActs or by CouthActs by the same or coordinated counsel or organizations ("Mass Filing"), the administrator's mass arbitration rules apply (for AAA, the Mass Arbitration Supplementary Rules; for JAMS, its Mass Arbitration Procedures and Guidelines), and the following procedure also applies to the extent consistent with them. Counsel for the claimants and CouthActs will each select ten (10) demands (twenty (20) in total) to proceed first as bellwether arbitrations, each before a different arbitrator. The remaining demands will not be filed or administered, and no fees will be due on them, until the bellwether arbitrations are resolved. After that, the parties will mediate the remaining demands in good faith for at least sixty (60) days. If they are not resolved, the remaining demands will proceed in batches of up to one hundred (100), each batch before a single arbitrator, with one set of fees per batch. Statutes of limitation are tolled for all demands while this procedure runs. A court may enforce this Section 21.7, including by enjoining filing or fee assessment that does not comply with it.

21.8 Award. The arbitrator will issue a reasoned written decision. Judgment on the award may be entered in any court with jurisdiction. An award has no preclusive effect in any other arbitration or proceeding involving other parties.

21.9 Confidentiality. The arbitration, and any award, will be confidential except as needed to enforce the award, as required by law, or for the Mass Filing procedure.

21.10 Your right to opt out. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING AN EMAIL TO LEGAL@COUTHACTS.COM WITHIN THIRTY (30) DAYS AFTER YOU FIRST ACCEPT THESE TERMS (OR, FOR EXISTING USERS, WITHIN THIRTY (30) DAYS AFTER THIS VERSION TAKES EFFECT FOR YOU). Your email must come from the address on your Account (or include it) and state your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms or any earlier arbitration agreement you did not opt out of.

21.11 Severability of this Section. If the class and jury waiver in Section 21.5 is found unenforceable for any Claim or request for relief, that Claim or relief (and only that Claim or relief) will be severed and decided in court after the arbitrable Claims are resolved, and the remainder of this Section 21 will remain in force. If any other part of this Section 21 is found unenforceable, it will be severed and the rest will remain in force.

21.12 Who this Section does not apply to. This Section 21 does not apply to a consumer resident in the European Economic Area, the United Kingdom or Switzerland, who may bring proceedings in the courts of their country of residence. It also does not apply to the extent prohibited by applicable law, including for claims by transportation workers that are exempt from the Federal Arbitration Act under 9 U.S.C. § 1; for those claims, the parties agree to arbitrate under the Texas Arbitration Act or other applicable state arbitration law to the extent it permits.

21.13 Changes to this Section. If CouthActs makes a material change to this Section 21, it will give at least thirty (30) days' notice. You may reject the change by emailing legal@couthacts.com within those thirty (30) days, in which case the most recent version of this Section 21 you accepted continues to apply to you. A change never applies to a Claim of which CouthActs already had notice.

22. Governing Law and Venue

22.1 Governing law. These Terms, and any Claim, are governed by the Federal Arbitration Act (for Section 21) and otherwise by the laws of the State of Texas, without regard to its conflict-of-laws rules. This choice of law does not deprive a consumer of the protection of mandatory laws of the country or state where they live.

22.2 Venue. Subject to Section 21, any Claim that is not arbitrated will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you and CouthActs consent to their personal jurisdiction, except that a consumer may bring proceedings in the courts where they live if their local law gives them that right.

23. Export Control and Sanctions

You represent that you are not located, organized or ordinarily resident in a country or region subject to comprehensive U.S., United Nations, European Union or United Kingdom sanctions, and are not on, or owned or controlled by anyone on, a restricted-party list, including the U.S. Treasury Department's Specially Designated Nationals List and the U.S. Commerce Department's Entity List. You will not use the Services to transport, export, re-export or transfer any goods, technology, software or funds in violation of export control or sanctions laws, or to or for the benefit of any prohibited person, destination or end use. CouthActs may block, hold or cancel any transaction it believes would violate these laws.

24. Electronic Communications and Signatures (E-SIGN Consent)

24.1 Consent. You consent to receive all agreements, notices, disclosures, receipts, tax forms (where delivered by CouthActs or Stripe electronically) and other communications from CouthActs electronically, by email to the address on your Account, by in-app or push notification, or by posting them in the Services. Electronic communications satisfy any legal requirement that a communication be in writing, and your electronic acceptance of these Terms has the same effect as a handwritten signature, under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and similar laws.

24.2 Requirements and paper copies. To receive electronic communications you need a device with internet access, a current web browser or the CouthActs app, a valid email address, and the ability to view, save or print PDF and HTML documents. You may request a paper copy of any communication at no charge by emailing support@couthacts.com within one year of the communication.

24.3 Withdrawing consent. You may withdraw your consent to electronic communications by emailing support@couthacts.com. Because the Services are provided electronically, withdrawing consent will result in closure of your Account. Keep your email address current in Settings.

24.4 Transactional messages. Transactional and safety messages about your Account and Bookings are part of the Services and are sent regardless of marketing preferences. Marketing emails include an unsubscribe link.

25. Changes to the Services and to These Terms

25.1 The Services. CouthActs may change, suspend or discontinue any part of the Services. If a change materially reduces a paid feature you have already paid for, we will provide a pro-rata refund or credit of the unused portion where the law requires it.

25.2 These Terms. CouthActs may change these Terms. For material changes, we will notify you by email or in the Services at least thirty (30) days before the change takes effect, except that changes required by law, or that address new features or security or fraud risks, may take effect sooner where the law allows. Each version is listed in the version history at the end of this page. If you do not agree to a change, you must stop using the Services and may close your Account before the change takes effect; continuing to use the Services after it takes effect means you accept it. Changes do not apply retroactively to Bookings formed before the change, and changes to Section 21 are governed by Section 21.13.

26. General

26.1 Entire agreement. These Terms, together with the Supplemental Terms and any order or plan terms you accept in the Services, are the entire agreement between you and CouthActs about the Services and supersede all prior agreements, proposals and representations on that subject.

26.2 Severability and reformation. If any provision of these Terms is held invalid or unenforceable, it will be reformed to the minimum extent necessary to make it enforceable while preserving the parties' intent as closely as possible, and the remaining provisions will remain in full force. Section 21.11 governs severability within Section 21.

26.3 Assignment. You may not assign or transfer these Terms or your Account without CouthActs' prior written consent. CouthActs may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law, on notice to you. Any attempted assignment in breach of this Section is void.

26.4 Notices. CouthActs may give you notice under Section 24. You must give legal notices to CouthActs by email to legal@couthacts.com and by courier or certified mail to CouthActs Incorporated, Attn: Legal, 1412 Main St STE 609, Dallas, TX 75202, United States. Notices are effective when received.

26.5 Force majeure. CouthActs is not liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, failures of public networks, power, cloud hosting or payment networks, and denial-of-service attacks.

26.6 Relationship. Nothing in these Terms creates a partnership, joint venture, employment, franchise or fiduciary relationship between you and CouthActs. Except as stated in Section 3.2 (limited payment collection agency for Marketplace Services) and Section 3.3 (property broker for Freight Jobs), neither party is the agent of the other.

26.7 No third-party beneficiaries. These Terms do not give any third party any rights, except that the CouthActs Parties may rely on Sections 19 to 21, and Apple and its subsidiaries are third-party beneficiaries of Section 27.1 as stated there.

26.8 No waiver. A failure or delay to enforce any provision is not a waiver.

26.9 Language. These Terms are drafted in English. Any translation is for convenience only, and the English version controls to the extent permitted by law.

26.10 Contact. Questions about these Terms: legal@couthacts.com. Support: support@couthacts.com.

27. App Store Terms

27.1 Apple. If you downloaded a CouthActs app from Apple's App Store (for iOS, iPadOS, macOS, tvOS or visionOS), the following terms also apply. (a) These Terms are between you and CouthActs only, not Apple Inc. ("Apple"), and CouthActs, not Apple, is solely responsible for the app and its content. (b) Your license to the app is limited to a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing. (c) CouthActs alone is responsible for providing maintenance and support for the app; Apple has no obligation to do so. (d) CouthActs alone is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price you paid for the app (the app is offered free of charge); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are CouthActs' responsibility to the extent not disclaimed by these Terms. (e) CouthActs, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws. (f) If a third party claims that the app or your possession or use of it infringes that third party's intellectual property rights, CouthActs, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim. (g) You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. (h) Questions, complaints or claims about the app may be sent to CouthActs at support@couthacts.com or at the address in Section 26.4. (i) You must comply with applicable third-party terms when using the app, such as your wireless data service agreement. (j) Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the app, and on your acceptance of these Terms, Apple will have the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

27.2 Google Play. If you downloaded the CouthActs Android app from Google Play, these Terms are between you and CouthActs only, not Google LLC ("Google"). Your use of Google Play is also subject to the Google Play Terms of Service. Google is not responsible for the app, its content, support or any claims relating to it. If these Terms conflict with the Google Play Terms of Service with respect to your use of Google Play, the Google Play Terms of Service control to the extent of the conflict.

27.3 In-app purchases. The CouthActs apps do not sell digital content. Payments for Transport Services and Fees are processed under the Escrow and Payments Terms.

Version History