Terms and Conditions
BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN.
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These Service Provider Terms and Conditions (“Terms”) govern the relationship between A to B Labs, Inc. d/b/a Move AI (“Move AI”) and each household goods motor carrier, property carrier, handyman, cleaning service, or other home service provider (collectively, the “Service Provider”) providing transportation of household goods and related services, or other home services, to Move AI’s shipper customers (collectively, the “Consumers”), to provide information related to household goods transportation or other home services, and to solicit bids for various services related thereto. The individual accepting these Terms, on behalf, and as representative, of the Service Provider (“You”) is permitted to use the website (MoveAI.com) (the “Website”) and the information contained therein or transmitted therefrom, subject to these Terms, which may be modified, amended, or replaced by Move AI from time to time at Move AI’s sole and absolute discretion. Such modifications will become effective immediately upon the posting thereof and the Service Provider’s use of the Website or acceptance or performance of Services thereafter shall be deemed the Service Provider’s acceptance of the modifications. These Terms shall also govern other aspects of Your relationship with Move AI beyond Your use of the Website, as described herein. It is the Service Provider’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications.
1. SERVICES
Move AI is duly and legally qualified to operate as a household goods and property broker by the Federal Motor Carrier Safety Administration (“FMCSA”), pursuant to operating authority identified as United States Department of Transportation (“USDOT”) No. 4223658 and Docket No. MC-1632952, and all applicable state and local regulatory authorities. Pursuant to these Terms, Move AI may tender to Service Provider (including any household goods motor carrier, property carrier, handyman, cleaning service, or other home service provider), and Service Provider, subject to its right to reject any tender in its sole discretion, agrees to accept shipments, tasks, or projects consisting of household goods or property of Consumers, or other home services that may be requested. Where the Service Provider is a household goods motor carrier accepting tender of a shipment, the Service Provider agrees to pick up, transport, and deliver the household goods or property with reasonable dispatch, in accordance with the terms and conditions set forth in these Terms and in compliance with all applicable federal, state, and local laws and regulations. The transportation of household goods or property shall be considered “contract carriage” within the meaning of 49 USC 13102(4)(B). When providing services other than household goods transportation (e.g., handyman tasks, cleaning, or other home services), the Service Provider agrees to perform those services subject to these Terms, as well as any additional requirements specified by Move AI.
2. SERVICE PROVIDER REPRESENTATIONS AND WARRANTIES
Service Provider (including any household goods motor carrier, property carrier, handyman, cleaning service, or other home service provider) represents and warrants:
If providing household goods and/or property transportation services requiring FMCSA authority, it is duly and legally qualified to operate as a household goods and/or property motor carrier under authority granted by the FMCSA and all applicable state and local regulatory authorities, and shall transport such goods and/or property under its own operating authority and subject to these Terms. If providing other services, it is similarly qualified under any applicable state or local licensure or regulatory requirements;
If performing transportation of household goods and/or property, it will issue and sign a bill of lading or other receipt upon acceptance of the goods for transportation, and such signature shall function as the Service Provider’s receipt of such goods in apparent good order and condition unless otherwise noted. For any non-transportation services, Service Provider shall, where applicable, provide receipts, work orders, or comparable documentation consistent with industry standards;
If providing household goods transportation, absent the Consumer’s written agreement to waive a physical survey, it will perform a physical survey of the Consumer’s household goods, and any estimate shall be based upon such survey. If a Consumer waives a physical survey, any resulting estimate shall be based upon the Consumer’s description of household goods and consistent with Service Provider’s Tariff (for household goods motor carriers) or relevant pricing schedules (for other Service Providers);
If operating as a household goods motor carrier subject to FMCSA safety ratings, it does not have an “Unsatisfactory” or “Conditional” rating, nor an equivalent rating from any state or local regulatory authority. If operating in another capacity, it certifies that it does not have any suspended, revoked, or equivalent negative licensing status under applicable regulatory bodies;
It is in full compliance and shall continuously maintain strict compliance with all statutes, rules, and regulations that govern its activities under these Terms, including (where applicable) the laws, rules, and regulations of the USDOT, FMCSA, and all applicable state and local laws and regulations. This includes any consumer protection, safety, or licensing requirements relevant to the particular services provided.
It has, and will maintain for the duration of the Services, insurance policies (at its own expense, with reputable insurance providers) that meet or exceed the following coverages and minimums, to the extent applicable to the specific service provided:
General Liability: $1,000,000 per occurrence;
Auto Liability: $1,000,000 per occurrence (required if operating any vehicle in the provision of services);
Cargo Liability: $10,000 per occurrence (required if transporting household goods or property); and
Workers’ Compensation: statutory minimums.
Service Provider shall provide Move AI with a certificate evidencing the foregoing coverages upon request and shall name Move AI as a certificate holder. Service Provider shall provide Move AI not less than thirty (30) days’ prior notice of any material change or cancellation of the above coverages;
If providing transportation of household goods or property, it will not re-broker, co-broker, subcontract, assign, interline, or transfer transportation services to any other person or entity under a different operating authority without prior written consent of Move AI;
It is in, and shall maintain compliance while performing Services, with all applicable federal, state, and local laws relating to the provision of the Services including, but not limited to: consumer protection regulations, including those outlined in 49 CFR Part 375; security regulations; owner/operator lease regulations; loading and securement-of-freight regulations; implementation and maintenance of driver safety regulations, including, but not limited to, hiring, controlled substances and alcohol testing, and hours of service regulations; qualification, licensing, and training of drivers; implementation and maintenance of equipment safety regulations; and, all applicable insurance laws and regulations, including, but not limited to workers’ compensation;
It is solely responsible for any and all management, governing, discipline, direction, and control of its employees, agents, subcontractors, and owner/operators, and management of all equipment, to ensure the safe operation of Service Provider’s or its agents’ or subcontractors’ vehicles, drivers, and facilities within all applicable federal, state, and local laws and regulations;
It will notify Move AI immediately if any operating authority is revoked, suspended, or rendered inactive for any reason; if it is sold, or if there is a change in control of ownership; and/or if any insurance required hereunder is threatened to be or is terminated, cancelled, suspended, or revoked;
It authorizes Move AI to invoice Service Provider’s charges to Consumers on Service Provider’s behalf and that Service Provider shall not, under any circumstances, present an invoice, bill, demand, or other claim for payment to Consumer of a shipment tendered hereunder;
To the extent that any shipments subject to these Terms are transported within the State of California, it warrants that it shall only utilize equipment which is in full compliance with the California Air Resources Board (CARB) Heavy-Duty Vehicle Greenhouse Gas (Tractor-Trailer GHG) Emission Reduction Regulations and Transport Refrigerated Unit (TRU) Airborne Toxic Control Measure (ATCM) in-use regulations and all TRUs it operates within California are registered in CARB’s Equipment Registration (ARBER) system. Service Provider further warrants that it is not in violation of the California Labor Code and is not on the current list of Port Drayage Motor Carriers with Unsatisfied Judgments, Tax Assessments, or Tax Liens. Service Provider shall be liable to Move AI for any penalties or any other liability, imposed on or assumed by Move AI, for penalties imposed on Move AI or Consumers and resulting from Service Provider’s use of non-compliant equipment;
Its rates and charges to the Consumer will be provided pursuant to Service Provider’s Tariff or a direct quote and shall not be modified, revised, or otherwise impacted by the commission owed to Move AI. Service Provider shall not provide an upcharge, accessorial, administrative fee, or otherwise pass through any commission owed to Service Provider to the Consumer;
By agreeing to the Terms, the Company is hereby permitted to use the services offered to Service Providers including, without limitation, access to Consumer information related to relocation service needs and the coordination of bids presented to the Consumer, the ability to update and maintain profile information on the Company, and such other services that Move AI may offer to Service Providers from time to time.
3. LIABILITY FOR LOSS AND DAMAGE
If the Service Provider is engaged in the transportation of household goods, Service Provider is liable to Consumer for loss or damage to household goods according to the provisions of 49 USC 14706, regardless of whether such standard would apply in the absence of these Terms, from the time the household goods are tendered to Service Provider until delivery. The liability of Service Provider is for $0.60 per pound, unless the Consumer requests full value coverage and Service Provider accepts full value liability. Service Provider shall have the sole and exclusive care, custody, and control of the household goods from the time it is loaded into Service Provider’s equipment for transportation until proper delivery to the Consumer at destination. All claims for loss, damage, or delay will be processed in accordance with Service Provider’s Tariff.
If the Service Provider performs services other than household goods transportation (for example, property carriers, handymen, cleaning services, or other home services), it shall be liable for any loss, damage, or harm resulting from its provision of services, consistent with applicable laws, industry standards, and any written terms or documentation provided to the Consumer. In such cases, all claims or disputes related to the provision of services or property shall be handled in accordance with the Service Provider’s applicable contractual terms, policies, or other relevant legal requirements.
4. PAYMENTS
Funding the Move AI Account
Customers are required to fund an account controlled by Move AI via a debit transfer two days prior to the scheduled service date to ensure all funds are cleared and available. This provides sufficient time to secure the necessary resources and personnel for the Services. If funds are not deposited two days prior to the service date, Move AI offers an unannounced 48-hour grace period during which the Customer can still transfer the funds without penalty. If funds are not received within this period, Move AI reserves the right to cancel the move and charge Customer's credit card any applicable cancellation fees charged by Service Providers due to late cancellation.
Service Provider Account Setup
During the registration process with Move AI, Service Providers shall confirm the bank account to which they wish to receive payments by linking a bank and an account with Move AI's payment provider. The Service Provider's payment information will be securely stored with Move AI's payment provider.
Estimates and Funds Transfer
Service Providers shall provide estimates to Customers through the Move AI platform, which will be saved in the system. Upon a Customer's approval of an estimate, the Customer also authorizes Move AI to debit their account for the estimate amount at the appropriate time.
Service Provider Payment Flow
Job Completion: The Service Provider's services are considered complete when the Service Provider sends a final invoice to Move AI.
Invoice Submission: To release the Customer's funds from Move AI's payment provider to the Service Provider, the Service Provider must upload an official invoice to the Move AI system. The invoice should include the total amount charged to the Customer, shown as a subtotal. After a service has been rendered, Move AI will send Service Providers an email with a link where they are able to input the final amount and upload an invoice. Service Providers will also be able to login to Move AI on the web and upload invoices from their account as well.
Commission: Move AI takes a standard 10% commission network-wide and it’s deducted from the final, total invoice amount before an invoice is paid.
Funds Release: Upon receipt and verification of the final invoice, Move AI will release the funds to the Service Provider, minus any applicable commission within:
For all services, if the final amount of the invoice is equal to or less than the quoted amount, funds will be released automatically, subject to the payment provider’s timeframe (usually 1–5 business days, depending on the bank).
If the final invoice exceeds the quoted amount, a manual review is required. The quoted amount will still be released immediately, but any overages will arrive within 30 days. This process discourages trailing or surprise fees. Move AI provides extensive information upfront so Service Providers can quote accurately, ensuring a positive customer experience.
Disputes and Refunds: In the event of a dispute or if the Service Provider fails to perform the agreed-upon services satisfactorily, the Customer may file a complaint with Move AI within 48 hours of the scheduled move completion. Move AI will investigate the claim and, if warranted, process a refund to the Customer after discussing first with the Service Provider. Refunded amounts will be deducted from the Service Provider's payment.
Cancellation and Refunds: Customers may cancel the relocation services up to 48 hours before the scheduled move without incurring any fees. Cancellations made after this point may be subject to Service Provider cancellation fees, which will be deducted from the refunded amount. If a Service Provider fails to perform the agreed-upon services or significantly underperforms, the Customer is entitled to a refund. This refund will be processed after review and confirmation of the claim by Move AI in its sole and absolute discretion and not subject to a reasonableness standard. In the case of an overpayment or billing error, the excess amount will be automatically refunded to the Customer's original payment method within five business days of acknowledgment of the error.
Regulatory Compliance and Data Protection: All transactions shall comply with applicable financial regulations and data protection laws to ensure security and legal integrity. Financial data and personal information are strictly confidential and shall not be shared with third parties without explicit consent, except as required by law.
Dispute Resolution: In the event of a dispute raised by Consumer, funds will be held until the dispute is resolved. Move AI shall facilitate a resolution process as detailed herein.
5. LIMITED LICENSE
By agreeing to the Terms, Move AI grants Service Provider a limited license to access and use the Website as necessary to perform Services. Notwithstanding the foregoing, Service Provider acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any Consumer Content or any profiles of Move AI members) for any commercial or other purpose, without the express written consent of Move AI.
6. CONSUMER AND SP CONTENT
Consumers may submit a bid request and other information (collectively, “Consumer Content”) related to household goods transportation. Move AI does not endorse and is not responsible or liable for any Consumer Content, SP Content (as defined below), data, advertising, products, goods or services available or unavailable from, or through, Move AI. The statements, information and bid requests contained in any Consumer Content are solely from the Consumer submitting such Consumer Content and do not reflect the opinion or property of Move AI or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.
Service Provider acknowledges and understands that Move AI simply acts as a household goods broker and an interactive computer provider to connect Consumers with household goods motor carriers who are able to bid and perform to meet the needs of the Consumer. Move AI does not have any duty or obligation to investigate the accuracy of Consumer Content or the quality of the work performed by Service Provider. By using the Services, Service Provider agrees that it is solely Service Provider’s responsibility to evaluate its risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that Service Provider submits, transmits, or otherwise conveys through the Services (collectively, “SP Content”).
Under no circumstances will Move AI be liable in any way for any Consumer Content or SP Content including, but not limited to, any Consumer Content or SP Content that contains errors, omissions, or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Consumer Content or SP Content submitted, accessed, transmitted, or otherwise conveyed via the Services or otherwise.
Service Provider hereby waives any claims, rights, or actions that it may have against Move AI or any of its affiliates or subsidiaries with respect to any Consumer Content or SP Content and releases Move AI and each of its affiliates and subsidiaries from any and all liability for or relating to Consumer Content or SP Content.
Service Provider agrees to indemnify and hold Move AI and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents, or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against Move AI with respect to any Consumer Content submitted by a Consumer which is communicated, posted, or published by Move AI on its Website or to a third party.
Service Provider acknowledges and agrees that the Company cannot require Move AI to place Service Provider on its Website. The Company further acknowledges and understands that the Company is not a Consumer of Move AI, cannot refer to itself as a Consumer of Move AI, and is not afforded the same access to the Website as a Consumer nor the benefits afforded to a Consumer.
SP Content shall not contain any unauthorized content which includes but is not limited to:
Offensive, harmful, and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech);
Bids that do not address the Consumer Content;
Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
Language that violates the standards of good taste or the standards of the Website, as determined by Move AI in its sole discretion;
Content determined by Move AI, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate usernames or signatures; and/or
Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
Service Provider acknowledges and agrees that Move AI in its sole discretion may remove without notice any SP Content or any portion thereof that Move AI believes violates the foregoing. Move AI may suspend, restrict, or terminate Service Provider’s use of the Website or any portion thereof if Service Provider breaches or fails to comply with any of the Terms and Conditions of this Agreement.
Although Move AI does not claim ownership of any SP Content or other communications or materials submitted by or given by Service Provider to Move AI, by providing SP Content for the Website or other mediums, Service Provider automatically grants, and Service Provider represents and warrants that the Company has the right to grant, to Move AI an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such SP Content and to prepare derivative works of, or incorporate into other works, such SP Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Move AI with SP Content, Service Provider automatically grants Move AI all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of SP Content on the Website or in any other medium by any other party. No compensation will be paid with respect to Move AI’s use of SP Content. Move AI is under no obligation to post or use any of SP Content or maintain SP Content. Move AI may remove SP Content at any time in Move AI’s sole discretion.
It is Service Provider’s sole responsibility to review and monitor any Consumer Content to determine the needs of the Consumer that is posted by Consumers and to submit responses it deems necessary to any Consumer Content to propose a bid for the Consumer’s needs. Move AI does not have any obligation to provide a notice or update to Service Provider with respect to any new information or Consumer Content that it learns of or receives from its Consumers.
Service Provider has the sole responsibility of updating any and all of its information on the Website including, without limitation, Service Provider’s description and profile information.
Service Provider agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy Move AI, any Consumer Content, any Consumer profiles, SP Content (including SP profiles) or any other content contained on the Website or any other publication of Move AI. Service Provider shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.
Service Provider hereby represents and warrants to Move AI that (a) all information provided to Move AI by Service Provider is true, complete and accurate in all respects, and (b) Service Provider is authorized to submit information to Move AI. Move AI is authorized by Service Provider to rely upon the truthfulness, completeness, and accuracy of SP Content in order to serve its Consumers.
To the extent a third party posts or submits any SP Content or manages Service Provider’s profile or information on the Website, Service Provider hereby acknowledges and agrees that Service Provider shall remain fully responsible for any SP Content or information posted or submitted by such third party.
Service Provider agrees unless expressly authorized by Move AI not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Consumer Content, any Consumer profiles, any SP profiles, or any other content from the Website or Move AI, including, without limitation, any personal Consumer data or any other content contained in any Consumer Content.
Service Provider acknowledges and agrees that in connection with the Services, Move AI creates anonymous email addresses and phone numbers to facilitate and protect the privacy of communications between Service Provider and Consumers. By providing Services, Service Provider understands and agrees that Move AI can access, monitor, and analyze all text messages, voice communications, and other interactions between Service Provider and Consumers that occur through these anonymous channels. This monitoring allows Move AI to ensure the quality and safety of the interactions and to generate objective performance reports based on the observed interactions. Service Provider expressly grants Move AI permission to access and monitor these communications as part of the Services.
7. PRIVACY
Service Provider agrees to be bound by Move AI’s Privacy Policy (https://www.moveai.com/privacy-policy/).
Service Provider acknowledges that the Website utilizes one or more website analytic services, including which may record mouse clicks, mouse movements, scrolling activity and text entered into the Website by users. These services do not collect personally identifiable information that is not voluntarily entered into the Website by the user. Move AI uses the information collected by these analytic providers to improve the usability and other features of the Website. Users may choose to disable the service.
Service Provider acknowledges that Move AI will use the telephone numbers, email addresses and facsimile numbers that are submitted to Move AI in connection with registering with Move AI to contact Service Provider with information regarding Move AI. Move AI agrees not to sell, trade, rent or share such information with any third parties. By providing a wireless phone number to Move AI, Service Provider agrees that Move AI may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Service Provider agrees that these calls or text messages may be regarding the products and/or services Service Provider has previously purchased and products and/or services that Move AI may market to Service Provider. Service Provider acknowledges that this consent may be removed upon request. Move AI will comply with all applicable laws and regulations, including wire-tapping laws, in its monitoring of these communications.
8. INTELLECTUAL PROPERTY
Move AI is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name “Move AI”, appearing on the Website and is copyright owner or licensee of the content and/or information on the Website. By placing them on the Website, Move AI does not grant Service Provider any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.
Service Provider acknowledges that Move AI will generate objective performance reports based on its monitoring and analysis of communications between Service Provider and Consumers. These reports are the intellectual property of Move AI, and Service Provider agrees not to reproduce, distribute, or otherwise use these reports without the express written consent of Move AI.
9. BREACH OF CONTRACT AND LIQUIDATED DAMAGES
Move AI reserves the right to exercise any rights or remedies which may be available to it against Service Provider if these Terms are violated by Service Provider. These remedies include, but are not limited to, revocation of (a) advertising privileges, (b) use of the Website, or (c) appearances on the Website and/or any other appearances in any Move AI’s publication, and Service Provider agrees that the exercise of one remedy shall not preclude the availability of any other remedy.
Service Provider understands and agrees that, because damages resulting from Service Provider’s breach of this Agreement are difficult to calculate, if it becomes necessary for Move AI to pursue legal action to enforce these Terms, Service Provider will be liable to pay Move AI the following amounts as liquidated damages, which Service Provider accepts as reasonable estimates of Move AI’s damages for the specified breaches of these Terms:
If Service Provider posts SP Content in violation of these Terms, Service Provider agrees to promptly pay Move AI One Thousand Dollars ($1,000) for each item of SP Content posted in violation of these Terms. Move AI may (but is not required) to issue Service Provider a warning before assessing damages.
If Service Provider exploits for any purpose (commercial or otherwise) any Consumer Content, profiles of Move AI members, or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of these Terms, Service Provider agrees to pay Ten Thousand Dollars ($10,000) per report, record, or review exploited.
If Service Provider uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, transfer, take, aggregate, obtain, modify, use, reproduce or copy any Consumer Content, any profiles of Move AI members, SP content (including SP profiles) or any other content contained on the Website or in any other publication of Move AI, Service Provider agrees to pay One Hundred Dollars ($100) for each report, record, review, or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated, or copied.
Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, Service Provider agrees to pay the actual damages suffered by Move AI to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of these Terms, Move AI reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
10. LIMITATIONS OF LIABILITY
SERVICE PROVIDER EXPRESSLY UNDERSTANDS AND AGREES THAT MOVE AI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MOVE AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM:(A) THE USE OR INABILITY TO USE THE WEBSITE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE WEBSITE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR SP CONTENT; (D) SP CONTENT SERVICE PROVIDER MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE WEBSITE OR THESE TERMS; (E) STATEMENTS OR CONDUCT OF ANY CONSUMER OR OTHER THIRD PARTY THROUGH THE WEBSITE; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THESE TERMS BY MOVE AI OR THE FAILURE OF MOVE AI TO PROVIDE THE WEBSITE UNDER THESE TERMS; (H) ANY CONSUMER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS SERVICE PROVIDER HAS WITH ANY CONSUMER. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE EXTENT MOVE AI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE WEBSITE, MOVE AI’S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
Move AI shall not be liable for any claims, damages, or losses arising from its monitoring of communications between Service Provider and Consumers, provided that such monitoring is conducted in compliance with applicable laws and regulations, including wire-tapping laws.
11. INDEMNIFICATION
Service Provider agrees to indemnify and hold Move AI and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents representatives, and Consumers harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing these Terms or otherwise), made by any third party due to or arising out of the Company’s performance under these Terms, including, but not limited to, loss or damage to household goods, theft, delay, damage to property, personal injury, or breach of these Terms. Company’s indemnity obligations shall be that of first defense. Company’s indemnity obligations shall not extend to any loss, liability, claim, or demand to the direct extent caused by Move AI’s negligence.
12. DISPUTE RESOLUTION
If a dispute arises between Consumer and Service Provider, such parties shall resolve the dispute consistent with Service Provider’s Tariff before proceeding to binding arbitration.
To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between Service Provider and Move AI, including without limitation any dispute or claim related to or arising out of these Terms ("Dispute"), Service Provider and Move AI must attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice as further detailed below. Service Provider’s address for any notices under this Section is the physical address that Service Provider has provided to Move AI. Move AI's address for such notices is: A to B Labs, Inc., d/b/a Move AI, Attn: Legal Department, 201 North Union St, Suite 110, Alexandria, VA 22314.
Process for Informal Negotiations
Initiation of Dispute: Move AI or Service Provider must file a Dispute with the other which detail the nature of the complaint and any supporting evidence (e.g., photos, communication logs).
Initial Review: The receiving party will acknowledge receipt of the Dispute within 2 business days. The receiving party will perform a preliminary assessment to understand the basis of the Dispute and attempt an immediate resolution if possible.
Mediation: If the Dispute cannot be resolved in the initial review, a mediation session will be scheduled within 5 business days. This session will involve a representative from Move AI, a representative from the Service Provider, and a neutral mediator. The mediator will facilitate the discussion, aiming to help both parties reach a mutual agreement. The mediator will not make decisions but will guide the discussion to be constructive and fair.
Formal Investigation: If mediation fails, the Dispute will be escalated to the executive level of the parties. Executives of each party will review the Dispute, considering the recommendations of the mediator and the interests of all parties, and work towards a resolution. Appropriate actions, such as the release of funds from Move AI controlled account or issuance of refunds, will be implemented immediately following mutual resolution.
Arbitration: If a Dispute is not resolved through Informal Negotiations, Service Provider and Move AI agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Service Provider’s arbitration fees and share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
Excluded Disputes. Service Provider and Move AI agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; (4) any claim for injunctive relief; and (5) any Dispute involving Service Provider’s breach of non-solicitation requirements.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.To the fullest extent permitted by applicable law, Service Provider and Move AI agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
Severability. Service Provider and Move AI agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
13. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (either of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware. The parties agree to jurisdiction and venue in the federal and state courts serving Dover, Delaware and waive any claim of forum non conveniens. If either party hereto seeks to enforce any part of these Terms in a lawsuit or other proceeding, the prevailing party in such lawsuit or proceeding shall be entitled to collect from the other party hereto such prevailing party’s reasonable costs and expenses incurred in connection with such lawsuit or proceeding, including, without limitation, reasonable attorneys’ fees and court costs.
14. LIMITATIONS PERIOD
Service Provider agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of these Terms shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
15. MODIFICATION
Move AI may modify or restate these Terms and such modification(s) will be effective immediately upon being posted on the Website. Move AI will make note of the date of the last update to these Terms on the Website. Service Provider is responsible for reviewing these Terms regularly. Service Provider’s continued Services after such modifications will be deemed to be Service Provider’s conclusive acceptance of all modifications to these Terms.
16. DELAYS
The use of the Website may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Move AI is not responsible for any delays, failures or other damage resulting from such problems.
17. ASSIGNMENT; WAIVER; SEVERABILITY; INDEPENDENT CONTRACTOR
These Terms may not be re-sold or assigned by Service Provider. If Service Provider assigns, or tries to assign, these Terms, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Move AI’s rights if Move AI fails to enforce any of the terms or conditions of these Terms against Service Provider. These Terms are for specified services pursuant to 49 USC 14101(b). To the extent that terms and conditions herein are inconsistent with Part (b), Subtitle IV, of Title 49 USC (ICC Termination Act of 1995), the parties expressly waive any or all rights and remedies they may have thereunder. In the event a court finds a provision in these Terms to not be valid, Service Provider and Move AI agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in these Terms. The relationship of the parties to each other shall at all times be that of independent contractors. No joint venture, partnership, employment, or agency relationship exists between Service Provider and Move AI as a result of these Terms or the Services. Each Party shall provide sole supervision and shall have exclusive control over the actions and operations of its employees, agents, and subcontractors used to perform its services hereunder. Neither party has any right to control, discipline, or direct the performance of any employees, agents, or subcontractors of the other party. Neither party shall represent to others that the relationship between the parties is anything other than an independent contractor relationship.
Service Provider assumes full responsibility and liability for payment, to its employees, of all applicable federal, state, and local payroll taxes, taxes for unemployment insurance, old age pensions, workers compensation, and social security benefits with respect to persons engaged in the performance of the Services. Service Provider shall indemnify, defend, and hold Move AI and its affiliates and subsidiaries harmless from any claim or liability imposed or asserted against such parties for any such obligations.
18. NON-EXCLUSIVE AGREEMENT
The parties acknowledge and agree that these Terms do not bind the respective parties to an exclusive relationship. Either party may enter into similar agreements with other carriers or brokers.
19. NON-SOLICITATION
Unless otherwise agreed to in writing, Service Provider shall not knowingly solicit or accept shipments from any Consumer while Service Provider maintains an account with Move AI and for a period of twelve (12) months thereafter where Consumer was first introduced to Service Provider by Move AI. In addition, Service Provider shall not offer any Services to a Consumer at a rate below the estimate provided to the Consumer through Move AI. For clarity, the intention of this paragraph is to prevent Consumers brought to Service Provider by Move AI from being offered a lower rate than they were already provided through the Move AI platform.
In the event of breach of this section, Move AI shall be entitled to receive, for a period of twelve (12) months following delivery of the last shipment transported by Service Provider under these Terms, a commission of twenty percent (20%) of the gross revenue (as evidenced by freight bills and other service documentation) received by Service Provider for the Services performed. Additionally, Move AI may seek injunctive relief and shall be entitled to receive from Service Provider reimbursement for all costs and expenses incurred by Move AI, including, but not limited to, reasonable attorney’s fees in enforcing this provision.
20. BINDING EFFECT
You hereby represent and warrant that You have the power and authority to bind Service Provider to these Terms and that these Terms constitutes a valid and binding agreement of Service Provider.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT USE THE WEBSITE AND SERVICE PROVIDER MUST NOT PROVIDE SERVICES. BY USING THE WEBSITE OR PROVIDING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE, AND AGREE SERVICE PROVIDER SHALL BE, BOUND BY THESE TERMS.
21. CONFIDENTIALITY
As part of the business relationship between the parties, each party (the “Receiving Party”) may be in, or come into possession, of information or data which constitutes trade secrets, intellectual property, know-how, confidential information, marketing plans, pricing, or other information the other party (the “Disclosing Party”) considers proprietary or secret (“Confidential Information”). In consideration of the receipt of such Confidential Information, the Receiving Party agrees to protect and maintain Confidential Information in the utmost confidence, to use such solely in connection with the Services under this Agreement, and to take all measures necessary to protect Confidential Information. Except as may be required by law, these Terms and information pertaining to any shipment hereunder will not be disclosed by the Receiving Party to any third party unless such disclosure is approved in writing by the Disclosing Party. This obligation of confidentiality will remain in effect for the duration of the Services and for a period of two (2) years following any termination or cessation of Services.
22. PROVISIONS REMAINING IN EFFECT
In the event these Terms are terminated, those provisions which, by their nature, would reasonably continue after termination will continue to remain in effect, including, but not limited to, Sections 2, 3, 11, 12, and 19.
