Terms of Service

Last updated: November 1, 2026. These Terms replace all previous versions.

Introduction and Scope

Welcome to Owlery, an all-in-one TMS and logistics platform, operated by Owlery Inc. (“Owlery,” “we,” “us,” or “our”). These Terms of Service (the “Terms”) govern your access to and use of the Owlery website, platform, applications, and related documentation (together, the “Services”).

These Terms apply to everyone who visits our website or uses the Services, including users invited by an Owlery customer and third parties such as carriers and partners who interact with the Services. If you use the Services on behalf of a company or other organization that has purchased a subscription, that organization’s use is governed by the Owlery Customer Terms or other written agreement between it and Owlery (the “Customer Agreement”). If these Terms conflict with the Customer Agreement, the Customer Agreement controls.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

‍Use of the Services

Owlery grants you a limited, non-exclusive, non-transferable right to access and use the Services in accordance with these Terms. You may not: (a) reverse engineer, decompile, or disassemble the Services; (b) copy, modify, or create derivative works of the Services; (c) rent, lease, lend, sell, sublicense, or otherwise distribute the Services to any third party; or (d) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. We may suspend or terminate your access to the Services if you violate these Terms.

‍User Obligations

You agree to comply with these Terms and with all applicable local, state, national, and international laws, rules, and regulations in connection with your use of the Services. In particular:‍

Account security. If you create an account, you are responsible for keeping your login credentials confidential and for restricting access to your devices. You are responsible for all activity that occurs under your account.

No malicious code. You must not knowingly introduce viruses, trojans, worms, or other malicious or technologically harmful material into the Services.

No unauthorized access. You must not attempt to gain unauthorized access to the Services, the servers on which they are hosted, or any server, computer, or database connected to the Services.

Accurate information. You agree to provide accurate, current, and complete information when using the Services, and not to misrepresent your identity or your affiliation with any person or entity.

No interference. You must not use the Services in any way that could disable, overburden, damage, or impair them, or interfere with anyone else’s use of them.

No scraping or automated access. You must not use bots, scrapers, crawlers, or other automated means to access the Services or to extract, collect, or compile data from them, except through interfaces and integrations Owlery provides or authorizes in writing.

No competitive use. You must not access or use the Services to build, benchmark, or support a competing product or service, or to copy any features, functions, or data of the Services.

‍Privacy

Owlery’s Privacy Policy, available at https://owlery.ai/legal/privacy-policy, is incorporated into these Terms by reference. Please read it carefully, as it describes how Owlery collects, uses, and discloses your personal information.

‍Third-Party Integrations

The Services may connect with third-party services you use (“Third-Party Services”). By enabling an integration with a Third-Party Service, you authorize Owlery to share the data and information necessary for that integration to function. You are responsible for ensuring that such sharing complies with applicable laws, including data privacy laws.

Owlery is not responsible for any disclosure, modification, or deletion of your data by a Third-Party Service, or for any resulting losses or damages. Owlery makes no representation or warranty regarding the availability, quality, safety, or reliability of any Third-Party Service. Owlery may suspend or discontinue any integration at any time, including where an integration is used in violation of these Terms or applicable law.

Your Content

You retain ownership of the data and content you submit to the Services (“Your Content”). You grant Owlery a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and display Your Content as needed to provide, maintain, and improve the Services and as described in our Privacy Policy. If you submit content on behalf of an Owlery customer, the Customer Agreement governs that content. You represent that you have the rights necessary to submit Your Content and to grant this license.

AI and Automated Features

The Services include features that use artificial intelligence, machine learning, and automation to generate recommendations, shipment plans, rates, estimates, predictions, and other outputs, and to take actions you configure (collectively, “AI Features”). Outputs may be inaccurate, incomplete, or outdated, and are provided for informational purposes only. You are responsible for reviewing outputs before relying on them, for the settings and rules you configure for automated actions, and for all shipping, carrier, pricing, and business decisions you make using the Services.

Transportation Services

Owlery is a software provider. Owlery is not a carrier, freight broker, freight forwarder, or shipper, and is not a party to any transportation, brokerage, or other arrangement between users of the Services. Owlery does not guarantee the performance of any carrier or other party, and is not responsible for loss, damage, or delay to any shipment, or for payment between parties.

‍Intellectual Property

The Services, including all software, content, documentation, trademarks, and related intellectual property rights, are and remain the property of Owlery and its licensors. Nothing in these Terms transfers any ownership rights to you.

‍Disclaimers; No Warranty

THE SERVICES AND ALL CONTENT, MATERIALS, AND INFORMATION AVAILABLE THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OWLERY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Owlery does not guarantee the accuracy, completeness, or usefulness of the Services or any content in them, and does not guarantee that the Services will be uninterrupted, timely, secure, or error-free. Maintenance, technical issues, or updates may cause temporary downtime or reduced performance. Your use of and reliance on the Services is at your own risk.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OWLERY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF OWLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OWLERY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO OWLERY FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Indemnification

You will defend, indemnify, and hold harmless Owlery and its officers, directors, employees, and agents from and against any third-party claims, and related losses, damages, liabilities, and reasonable attorneys’ fees, arising out of (a) your breach of these Terms, (b) your violation of applicable law or of the rights of any third party, or (c) Your Content. If you use the Services on behalf of an Owlery customer, the indemnification terms in the Customer Agreement apply instead.

Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. For material changes, we will provide notice at least thirty (30) days before the changes take effect, for example by posting a notice on the Services or emailing the address associated with your account. Updated Terms take effect on the effective date stated in them. Your continued use of the Services after that date constitutes acceptance of the updated Terms.

Governing Law and Venue

These Terms and any dispute arising out of or related to them or the Services are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any such dispute will be brought exclusively in the state or federal courts located in Santa Clara County, California, and you and Owlery consent to the personal jurisdiction of those courts.

‍General

Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and Owlery regarding the Services and supersede all prior versions of these Terms, subject to any applicable Customer Agreement as described in “Introduction and Scope.”

Severability. If any provision of these Terms is found invalid or unenforceable, it will be replaced with a valid provision that comes as close as possible to the original intent, and the remaining provisions will stay in effect.

No third-party beneficiaries. A person who is not a party to these Terms has no right to enforce or benefit from any part of them except as provided in Indemnification.

Electronic communications. You consent to receive communications from Owlery electronically, including by email and through the Services. You agree that all agreements, notices, and other communications we provide electronically satisfy any legal requirement that they be in writing, and that electronic signatures and records are binding to the same extent as signed paper originals.

Force majeure. Owlery is not liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, labor disputes, internet or utility failures, acts of government, or failures of third-party services.