1. About Dock Optimizer
Dock Optimizer is a technology platform operated by Conmitto Inc. (“Dock Optimizer”, “we”, “us”) that provides dock scheduling, warehouse operations tooling, integration services, and a freight load board. These Terms of Service (“Terms”) govern your access to and use of the Dock Optimizer platform (the “Platform”).
By creating an account, signing in, or otherwise using the Platform, you agree to be bound by these Terms, our Privacy Policy, and any product-specific addendum that applies to the features you use.
2. What Dock Optimizer Is — and Is Not
Dock Optimizer is a technology platform that facilitates direct transactions between Shippers, Carriers, warehouses, and their operational partners. Dock Optimizer is not a freight broker, freight forwarder, or motor carrier, and does not arrange, negotiate, or take responsibility for the transportation of freight.
Where the Platform offers payment facilitation (including via the Load Board), Dock Optimizer acts solely as a limited payment agent on behalf of the payor, transmitting funds to the payee upon the occurrence of an objective trigger event (for example, receipt of a confirmed Proof of Delivery). Dock Optimizer does not hold funds in escrow and does not condition payment on its own assessment of service quality or performance.
3. Account Eligibility
You must be at least 18 years old and legally capable of entering into binding contracts to use the Platform. If you are using the Platform on behalf of a company, you represent that you are authorized to bind that company to these Terms and to any product-specific agreements you accept.
4. Your Content and Data
You retain ownership of the content you submit to the Platform, including load postings, appointments, documents, images, and integration data. You grant Dock Optimizer a limited, worldwide, non-exclusive license to host, process, display, and transmit that content solely to operate, improve, and secure the Platform and provide the services you request.
5. Acceptable Use
- Do not use the Platform to transmit unlawful, fraudulent, or infringing content.
- Do not attempt to circumvent access controls, rate limits, or security features.
- Do not use automated scraping or bulk extraction of data except as explicitly permitted by a documented API and scoped credential.
- Do not impersonate another person, carrier, shipper, or broker.
- Do not re-sell or sub-license access to other parties without a written reseller agreement.
6. Disputes Between Users
All disputes regarding freight services, cargo condition, delivery performance, or commercial terms between Shippers and Carriers are resolved between those parties exclusively. Dock Optimizer may provide structured tools for document exchange, photo uploads, and claims submission, but does not adjudicate disputes and does not determine fault for cargo loss, damage, or delay.
7. Liability
Dock Optimizer’s involvement in any underlying transaction (including payment facilitation) does not create liability to any party for the performance of the underlying freight or warehouse services. Except to the extent caused directly by the gross negligence or willful misconduct of Dock Optimizer, Dock Optimizer shall have no liability for cargo loss, theft, damage, delay, or missed delivery windows. The total aggregate liability of Dock Optimizer for any claim arising from or related to the Platform shall not exceed the fees you paid to Dock Optimizer in the twelve (12) months preceding the event giving rise to the claim.
8. Brand and Company Name Use
You grant Dock Optimizer a limited, non-exclusive, royalty-free license to use your company name, trade name, and logo to identify you as a Dock Optimizer customer in customer lists, case studies, sales presentations, website content, press releases, and other marketing materials. This license is subject to the following:
- No confidential or personal information. This permission covers your company name and logo only. It does not authorize Dock Optimizer to disclose your personally identifiable information, employee or driver names, operational data, load volumes, pricing, carrier relationships, integration configurations, or any other confidential business information. Those categories remain protected under the Privacy Policy and our standard confidentiality obligations.
- Trademark guidelines. We will use your name and logo consistent with any written trademark usage guidelines you provide to us.
- Revocation. You may revoke this permission at any time by written notice to support@conmitto.io. Upon revocation we will remove your name and logo from forward-looking materials within a reasonable time; we are not obligated to recall or alter materials already printed, distributed, or archived.
9. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Class actions and class-wide arbitration are waived to the fullest extent permitted by law.
10. Changes to These Terms
We may update these Terms from time to time. We will publish each update on this page with a new effective date and version number, and will preserve prior versions in a public archive accessible from the same page.
Material changes will be presented to you for explicit acceptance the next time you sign in to the Platform. Continued use of the Platform after a presented change constitutes acceptance of that change. You may decline a material change by closing your account; in that event, the prior version of the Terms will continue to govern any wind-down period and any post-termination obligations described in Section 14 (Survival).
Non-material changes — including clarifications, updates to contact information, fixes to typographical errors, and changes that benefit you — will take effect on the date posted. We will use commercially reasonable efforts to summarize material changes in the version notes accompanying each update.
11. Contact
Questions about these Terms may be sent to support@conmitto.io.
12. User Indemnification
You will defend, indemnify, and hold harmless Dock Optimizer, Conmitto Inc., and their respective officers, directors, employees, agents, successors, and assigns (the “Indemnified Parties”) from and against any third-party claim, demand, action, proceeding, loss, damage, liability, fine, penalty, cost, or expense (including reasonable attorneys’ fees and costs of investigation) arising out of or relating to:
- (a) your breach of these Terms, the Privacy Policy, or any product-specific addendum that applies to your use of the Platform;
- (b) your violation of any applicable law, regulation, rule, or order, including without limitation the Federal Motor Carrier Safety Regulations (49 CFR Subchapter B) and the Hazardous Materials Regulations (49 CFR Subchapter C);
- (c) any content, load posting, document, photograph, or other material you submit to or transmit through the Platform, including any claim that such material infringes a third party’s intellectual property, privacy, or contractual rights;
- (d) the underlying freight, warehouse, dispatch, or related services you provide to or receive from another Platform user; and
- (e) your gross negligence, willful misconduct, or fraudulent conduct in connection with the Platform.
This indemnification obligation does not apply to the extent a claim is caused directly by Dock Optimizer’s gross negligence or willful misconduct, or by Dock Optimizer’s breach of the Privacy Policy.
Dock Optimizer may, at its option and without limiting your obligations under this Section, assume the exclusive defense and control of any matter otherwise subject to your indemnification obligation, with counsel of its choice. You will cooperate in good faith in the defense of any such claim and will not settle any claim that imposes any obligation, admission, or non-monetary remedy on any Indemnified Party without Dock Optimizer’s prior written consent (not to be unreasonably withheld).
13. Force Majeure
Neither party will be liable for any failure or delay in the performance of its obligations under these Terms (other than the obligation to pay amounts already due) to the extent caused by an event or condition beyond that party’s reasonable control, including but not limited to: acts of God; severe weather; fire; flood; earthquake; pandemic, epidemic, or public-health emergency; war, terrorism, sabotage, civil unrest, or riot; governmental order, embargo, sanction, or regulatory action; labor action, strike, lockout, or general work stoppage not specific to the affected party; failure or interruption of public utilities, telecommunications, internet, or cloud-infrastructure providers; cyberattack, ransomware, or denial-of-service event affecting the affected party or its sub-processors; and any failure of a sub-processor, hosting provider, or upstream vendor to perform (each, a “Force Majeure Event”).
The party affected by a Force Majeure Event will (a) provide notice to the other party as soon as reasonably practicable describing the nature of the event and its anticipated impact, (b) use commercially reasonable efforts to mitigate the effects of the event and to resume performance as soon as practicable, and (c) keep the other party reasonably informed of material changes in the event’s status.
Any time-based obligation under the Platform (including any payment-release window, document-submission deadline, or insurance-monitoring cadence described in any product-specific addendum) is tolled during the pendency of a Force Majeure Event. If a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate the affected services on written notice without liability for the termination, subject only to the obligation to pay amounts due for services performed prior to termination.
14. Survival
Any provision of these Terms that by its nature should survive termination will so survive, including without limitation Sections 4 (Your Content and Data, with respect to data licensed for archival and audit purposes), 7 (Liability), 8 (Brand and Company Name Use), 9 (Governing Law and Dispute Resolution), 12 (User Indemnification), and 13 (Force Majeure, with respect to events occurring before termination), together with any obligation to pay amounts due as of the date of termination.