Terms of Service

Effective October 1, 2024. Last updated October 9, 2026.

These Terms of Service (the “Terms”) are an agreement between you and Oway Inc. (“Oway,” “we,” “us”). They govern your use of shipoway.com, the Oway shipper, carrier and driver applications, Oway OS, IOI, Juno, our APIs and MCP server, our phone lines and messaging, and any related services (together, the “Services”).

1. Agreement and scope

By creating an account, requesting or accepting a quote, booking or accepting a load, using our APIs, or taking a call or message from Oway, you agree to these Terms on behalf of yourself and the business you represent. If you have a separate signed agreement with Oway, that agreement controls where it conflicts with these Terms, except for Section 8 (Communications), which applies in all cases.

2. Oway’s role

For freight transportation, Oway acts as a licensed property broker under USDOT 3961202 and MC 1477326. Oway is not a motor carrier and does not take possession, custody or control of freight. The carrier named on the bill of lading is the carrier of record and performs the transportation. Oway arranges the move, prices it, and handles documentation and payment between the shipper and the carrier.

3. Eligibility and accounts

• You must be at least 18 years old and use the Services for a business purpose.
• Carriers must hold active operating authority, maintain the insurance in Section 6, use a supported ELD, and pass our onboarding and fraud checks.
• You are responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity under your account. Tell us right away at help@oway.io if you suspect unauthorized access.

4. Quotes, booking and rate confirmations

Quotes are valid for the period shown and are based on the information you provide, including origin, destination, pallet count, dimensions, weight, freight class and accessorials. A load is booked when a carrier accepts it through the platform, through an Oway representative, or verbally on a recorded call. The written rate confirmation issued by Oway controls the rate and terms of each load. Charges for accessorials, detention, layovers or changes not included in the quote may be added when they are incurred and documented.

5. Payment

• Shippers pay Oway according to the invoice and the payment terms on their account. Late amounts may accrue interest at the lesser of 1.5% per month or the maximum rate allowed by law.
• Carriers invoice Oway with a signed proof of delivery and receive payment from Oway on the terms in their rate confirmation or carrier agreement. Shippers may not pay carriers directly for loads arranged by Oway.
• Oway may set off amounts owed to it against amounts it owes you.

6. Carrier obligations

• Comply with all applicable laws and regulations, including FMCSA safety, hours of service and ELD requirements.
• Maintain at least $1,000,000 auto liability, $100,000 cargo and $1,000,000 general liability coverage, and name Oway as certificate holder.
• Do not re-broker, co-broker, subcontract or double-broker any load without Oway’s written consent.
• Keep location sharing and status updates active for the duration of each load.

7. Shipper obligations

Describe freight accurately, including weight, dimensions, freight class and value. Package and label freight for safe transport. Disclose hazardous materials and any special handling. Make freight available and receive deliveries during the scheduled windows.

8. Communications and recorded calls

Oway and its service providers may contact you at the phone numbers and email addresses on your account for operational purposes, including load offers, status updates, documents and payment, using automated systems, prerecorded or AI-generated voice, and text messages. Marketing messages are sent only with your separate consent. Calls with Oway, including calls with Juno, may be recorded and transcribed, and we tell you at the start of the call. You can withdraw consent at any time by replying STOP to a text, asking during a call, or emailing help@oway.io. Message and data rates may apply.

9. Juno and AI features

Juno and other AI features help you quote, book, track, plan and answer questions. AI output can contain errors. Review prices, details and actions before you confirm them. Juno asks for confirmation before anything is charged. Do not submit content to the Services that is designed to manipulate, override or extract instructions from our AI systems.

10. Cargo claims and liability

The carrier is responsible for loss of or damage to freight from pickup to delivery, as provided under 49 U.S.C. § 14706 (the Carmack Amendment) and the carrier’s agreement. Oway will help shippers file and pursue cargo claims against the carrier and its insurer. Oway is not liable for cargo loss or damage except to the extent caused by its own negligence. Claims must be submitted in writing within nine months of delivery or the scheduled delivery date.

11. Acceptable use and security

You may not, and may not help anyone else to:

• access the Services through automated means other than our published APIs, or scrape, crawl or harvest data from them;
• probe, scan or test the vulnerability of the Services, or bypass any security or rate limit, except under our responsible disclosure policy on the Security page;
• submit prompts, files or messages intended to inject instructions into, jailbreak or extract data from Juno, IOI Search or any AI system we operate;
• upload malware, or content that is unlawful, misleading or infringes anyone’s rights;
• reverse engineer the Services, or use them to build a competing product;
• misrepresent your identity, authority or insurance.

12. Intellectual property and data

The Services, including the software, IOI, Juno, pricing models, designs and content, belong to Oway and its licensors. You keep ownership of your shipment and operational data. You grant Oway a license to use that data to provide, secure and improve the Services, and to create aggregated or de-identified data that does not identify you. Data on an IOI node you operate is handled under your IOI agreement and is never shared with another customer without your permission.

13. Confidentiality

Each party will protect the other’s non-public business information, including rates, lanes and customer information, with reasonable care and use it only to perform under these Terms.

14. Third-party services

The Services may link to or integrate with third-party services, including ELD providers, payment processors and mapping services. Your use of those services is governed by their terms. Oway is not responsible for them.

15. Disclaimers

Except as stated in these Terms, the Services are provided “as is” and “as available.” To the extent permitted by law, Oway disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. Transit times and ETAs are estimates.

16. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue. Oway’s total liability arising out of or relating to a shipment is limited to the amount paid to Oway for that shipment, and its total liability for all other claims is limited to the amounts paid to Oway in the twelve months before the claim. These limits do not apply to a party’s fraud, willful misconduct or indemnification obligations.

17. Indemnification

You will defend and indemnify Oway against third-party claims arising from your breach of these Terms, your violation of law, or, for carriers, your performance of transportation services.

18. Term and termination

You may stop using the Services at any time. Oway may suspend or terminate access for breach of these Terms, suspected fraud, safety concerns or legal requirements. Sections that by their nature should survive termination will survive, including payment, liability, indemnification and dispute resolution.

19. Dispute resolution

Please contact us first at help@oway.io so we can try to resolve any dispute informally within 30 days. If we cannot, the dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in San Francisco, California. Either party may bring an individual claim in small claims court. Claims may be brought only on an individual basis and not as a plaintiff or class member in any class or representative proceeding. You may opt out of arbitration by emailing us within 30 days of first accepting these Terms.

20. Governing law

These Terms are governed by the laws of the State of Delaware and applicable federal law, including federal transportation law, without regard to conflict of laws rules.

21. Changes

We may update these Terms. We will post the updated version with a new date and, for material changes, notify account holders in advance by email or in the app. Continued use after changes take effect means you accept them.

22. Contact

Oway Inc., 2261 Market Street, STE 86015, San Francisco, CA 94114. USDOT 3961202, MC 1477326. Email help@oway.io.