Terms of Service

MotusNEX is designed primarily for trucking carriers, owner-operators, transportation businesses, dispatching businesses, and other commercial users.

You must be at least 18 years old and legally capable of entering into these Terms. If you use MotusNEX on behalf of a company, you represent that you have authority to bind that company.

“Customer” includes the subscribing business and its authorized users.

You must provide accurate, current, and complete account, business, and billing information.

You are responsible for:

• safeguarding account credentials;
• controlling user access and permissions;
• activity performed through your account;
• promptly removing users who should no longer have access.

You may not sell, transfer, or share account access with unauthorized persons.

We may require identity, business, carrier, DOT, MC, payment, or other reasonable verification when necessary for security, compliance, billing, or account administration.

Notify privacy@motusnex.com promptly if you believe your account has been accessed without authorization.

MotusNEX may provide tools for:

• revenue and expense tracking;
• cost-per-mile and profitability calculations;
• load pricing and route analysis;
• fleet, truck, trailer, and driver records;
• fuel and maintenance tracking;
• invoices and documents;
• receipts and statements;
• customer and broker performance;
• operational reports;
• analytics;
• AI-assisted summaries and insights;
• related transportation-business management functions.

Features vary by subscription plan and may change over time.

We may add, improve, modify, limit, replace, or discontinue features when reasonably necessary for product development, security, legal compliance, provider changes, or business operations.

We do not guarantee that every feature will always remain available or that the Service will operate without interruption.

MotusNEX calculations, estimates, reports, classifications, mileage figures, cost-per-mile figures, profitability metrics, pricing suggestions, alerts, AI-assisted outputs, and other analytics are informational business tools.

Results depend on Customer data, assumptions, third-party information, integrations, and system availability and may be incomplete, delayed, or inaccurate.

MotusNEX does not provide legal, tax, accounting, investment, insurance, employment, safety, DOT, FMCSA, regulatory, or other professional advice.

Customers remain responsible for verifying information and making their own business, dispatching, pricing, routing, compliance, safety, employment, tax, and financial decisions.

“Customer Data” includes information, records, files, documents, images, receipts, statements, financial information, driver or vehicle information, and other content submitted to or generated through the Service for Customer.

As between Customer and MotusNEX, Customer retains ownership of Customer Data.

Customer grants MotusNEX a limited, nonexclusive right to host, copy, transmit, process, analyze, display, and otherwise use Customer Data as reasonably necessary to operate, secure, support, improve, and administer the Service and as described in the Privacy Policy.

Customer is responsible for ensuring it has the lawful authority, notices, permissions, and consents necessary to submit Customer Data, including information concerning employees, drivers, contractors, customers, brokers, vehicles, and third parties.

Customer is responsible for the accuracy of its data and for maintaining any legally required independent records or backups.

You may not use MotusNEX to:

• violate applicable law or third-party rights;
• upload malicious software or unlawfully obtained information;
• gain unauthorized access to systems, accounts, networks, or data;
• interfere with security controls, rate limits, monitoring, or system availability;
• reverse engineer, decompile, scrape, resell, sublicense, or commercially exploit the Service except where permitted by law or written agreement;
• impersonate another person or business;
• engage in fraud or abusive activity;
• represent that MotusNEX guarantees compliance, profitability, route accuracy, or business results.

Paid MotusNEX subscriptions are governed by the Subscription Terms and Refund and Cancellation Policy.

Monthly subscriptions automatically renew until canceled.

Cancellation is prospective. Unless required otherwise by applicable law, cancellation stops the next renewal but does not reverse, shorten, prorate, or refund the current paid billing period.

MotusNEX may rely on third-party providers for infrastructure, database services, authentication, payments, communications, mapping, AI-assisted features, monitoring, and other functionality.

These may include providers such as AWS, Supabase, Stripe, Postmark, Google services, OpenAI, and Sentry.

Third-party services are governed by their own terms and privacy practices. We are not responsible for third-party outages, service changes, errors, acts, omissions, or independent data practices.

Some MotusNEX features may use artificial intelligence to generate summaries, classifications, recommendations, or insights.

AI-generated content may be inaccurate, incomplete, outdated, or unsuitable for a particular circumstance.

Customers must independently review AI-assisted outputs before relying on them.

AI-assisted features do not create a legal, tax, financial, fiduciary, brokerage, dispatch, employment, or professional-advisory relationship.

The MotusNEX software, interface, workflows, branding, logos, documentation, templates, report formats, and related intellectual property, excluding Customer Data, are owned by or licensed to 007 Enterprise LLC.

Subject to these Terms and payment of applicable fees, Customer receives a limited, nonexclusive, nontransferable right to use the Service for internal business purposes during the applicable subscription term.

Each party may receive nonpublic business, technical, financial, operational, or security information from the other.

Each party will use reasonable care to protect confidential information and use it only for purposes related to the relationship.

Confidentiality obligations do not apply to information that is publicly available without breach, lawfully known without restriction, independently developed, or lawfully obtained from another source.

We may suspend or restrict access for:

• nonpayment;
• suspected fraud;
• security threats;
• unlawful activity;
• material violations of these Terms;
• serious technical abuse;
• requirements imposed by law or service providers.

Where reasonably practicable, we may provide notice and an opportunity to address the issue.

Customers may cancel renewal according to the Subscription Terms.

While an account is active, available export tools may be used to download Customer Data.

Following termination or expiration, some information may remain available for a limited period for export or account administration.

Information may later be deleted, de-identified, or retained where reasonably necessary for billing, tax, security, fraud prevention, legal compliance, backups, dispute resolution, or enforcement.

Customers remain responsible for maintaining legally required business records and independent backups.

We use commercially reasonable efforts to operate and support MotusNEX.

Unless a separate written service-level agreement expressly states otherwise, we do not guarantee a specific uptime percentage, uninterrupted operation, or resolution time.

Maintenance, security measures, internet failures, service-provider outages, emergencies, and events outside reasonable control may affect availability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

007 ENTERPRISE LLC DISCLAIMS EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS.

WE DO NOT WARRANT THAT CALCULATIONS, ROUTES, REPORTS, THIRD-PARTY DATA, OR AI-ASSISTED OUTPUTS WILL ALWAYS BE ACCURATE, COMPLETE, OR SUITABLE FOR CUSTOMER’S PURPOSES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 007 ENTERPRISE LLC AND ITS OWNERS, AFFILIATES, PERSONNEL, LICENSORS, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OPPORTUNITY ARISING FROM OR RELATED TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO 007 ENTERPRISE LLC FOR MOTUSNEX DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits liability that cannot legally be limited.

To the extent permitted by law, Customer will defend, indemnify, and hold harmless 007 Enterprise LLC and its affiliates, owners, personnel, providers, and licensors from third-party claims, losses, liabilities, penalties, and reasonable costs arising from:

• Customer Data;
• unlawful or unauthorized use of the Service;
• Customer’s violation of law or third-party rights;
• Customer’s business operations; or
• Customer’s material breach of these Terms.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules.

Any court proceeding arising from or relating to these Terms or the Service will be brought in the state or federal courts located in Miami-Dade County, Florida, unless applicable law requires otherwise.

Each party consents to the jurisdiction and venue of those courts.

We may update these Terms to reflect changes in the Service, law, security, technology, or business operations.

We will post the revised Terms and update the effective date.

Where required by law or where changes are material, we may provide additional notice.

These Terms and incorporated policies constitute the agreement governing the Service unless a separate signed agreement applies.

If any provision is found unenforceable, the remaining provisions remain in effect.

Failure to enforce a provision is not a waiver.

Customer may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, financing, reorganization, or asset transfer.

007 Enterprise LLC
1738 SW 57th Avenue, Unit #A288
Miami, Florida 33155

privacy@motusnex.com
motusnex.com