Terms of Service

Effective date: July 24, 2026

Welcome to Fifth Wheel. These Terms of Service ("Terms") govern your use of the Fifth Wheel website, the broker dashboard at broker.fifthwheel.ai, and the AI voice call intake service (collectively, the "Service") operated by Fifth Wheel, Inc. ("we," "our," or "us").

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

1. The Service

Fifth Wheel provides an automated AI voice agent that answers inbound carrier calls about loads you post. When you create a load and apply a load credit, you receive a dedicated call-in line and a unique 6-digit reference code for that load. Carriers who call in are answered by the AI agent, which collects the caller's MC number, negotiates toward your target rate, and records and transcribes the conversation. Offers, MC numbers, transcripts, and recordings are presented in your dashboard. The AI agent announces that it is an automated assistant at the start of each call.

Fifth Wheel is an intake and negotiation tool. It does not book freight, execute contracts, or move loads on your behalf.

2. Eligibility and Accounts

The Service is intended for business use by freight brokers and their authorized personnel. You must be at least 18 years old and able to form a binding contract. When you create an account, you agree to provide accurate information, keep your credentials secure, accept responsibility for all activity under your account, and notify us promptly of any unauthorized use.

3. Load Credits

• The Service is sold as load credits. One (1) load credit covers one (1) load.
• Each load includes up to twenty (20) counted inbound carrier calls.
• Individual calls are capped at three (3) minutes.
• Calls shorter than ten (10) seconds are not counted against the load's call allowance.
• Load credits do not expire.
• Load credits are non-transferable: they may not be sold, transferred, or moved between accounts.
• Credit pack pricing is displayed at checkout and on our pricing page; we may change pricing for future purchases at any time. Price changes do not affect credits you have already purchased.

4. Payments, Promo Codes, and Refunds

Payments. Payments are processed by Stripe. By purchasing load credits you authorize the charge to your selected payment method. Your card details are handled by Stripe and never touch our servers. All prices are in U.S. dollars unless stated otherwise.

Promo codes. We may offer promotional codes (for example, an introductory discount on your first load credit). Promo codes are applied at checkout, may be subject to additional conditions communicated with the offer, are limited to one use per customer unless stated otherwise, and have no cash value.

Refunds. If something goes wrong — for example, a load credit is consumed by a clear service failure on our side — contact us at legal@fifthwheel.ai or hello@fifthwheel.ai and we will make reasonable efforts to make it right, which may include restoring credits or issuing a refund at our discretion. Used credits are otherwise non-refundable.

5. Call Recording and Acceptable Use

Inbound calls to load call-in lines are recorded and transcribed so the Service can capture offers, MC numbers, and conversation details. The AI agent announces itself as an automated assistant on every call.

You are responsible for complying with the call-recording and telemarketing consent laws that apply in your jurisdiction and the jurisdictions of your callers. By publishing a call-in line for your load, you represent that your use of recorded, AI-answered intake calls is lawful where you operate.

You agree not to:

• Use the Service for any illegal purpose, including any use of call recordings that violates applicable law
• Post loads you do not have the right to broker, or provide false or misleading load information
• Use the Service to harass, defraud, or deceive callers
• Interfere with or disrupt the Service, attempt unauthorized access, or probe our systems
• Use automated means to access the Service without our permission, or resell the Service without our written consent
• Reverse engineer, decompile, or disassemble any part of the Service

6. Your Data

You retain ownership of the load details you enter and the business records generated for your account, including call transcripts and recordings for your loads ("Your Data"). You grant us a limited license to store, process, and display Your Data as necessary to provide the Service. You may export Your Data or request deletion as described in our Privacy Policy.

7. No Guarantee of Offers or Savings; No Vetting

IMPORTANT:

• We do not guarantee that any carrier will call, that any offer will be made, or that any particular rate, savings, or margin will be achieved. Marketing figures describe typical mechanics of carrier competition, not promised results.
• Fifth Wheel is not a party to any freight transaction between you and any carrier. Negotiated figures captured by the AI agent are indications of carrier interest, not binding agreements.
• We do not perform compliance, safety, insurance, or authority vetting on callers. MC numbers and other details are captured as stated by the caller and are not verified. You are solely responsible for vetting carriers before tendering freight.

8. Intellectual Property

The Service and its original content (excluding Your Data), features, and functionality are owned by Fifth Wheel, Inc. and are protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks, logos, or branding without prior written consent.

9. Third-Party Services

The Service depends on third-party providers (including Stripe for payments, Supabase for data infrastructure, and Retell AI for voice infrastructure) and may link to third-party websites. We are not responsible for the content or practices of third-party services beyond our obligations under our Privacy Policy.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CALLS WILL ALWAYS BE ANSWERED OR ACCURATELY TRANSCRIBED, OR THAT RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FIFTH WHEEL, INC., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL; BUSINESS INTERRUPTION; LOSSES ARISING FROM YOUR DEALINGS WITH ANY CARRIER OR SHIPPER; OR ANY OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify and hold harmless Fifth Wheel, Inc. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Service, your violation of these Terms (including call-recording compliance), your freight transactions with carriers, or Your Data.

13. Termination

We may suspend or terminate your account for conduct that violates these Terms or is harmful to other users, us, or third parties. You may close your account at any time by contacting us. Sections that by their nature should survive termination (including Sections 7, 10, 11, and 12) survive.

14. Changes to These Terms

We may modify these Terms from time to time. We will post the updated Terms on this page and update the effective date above, and will provide notice of material changes by email or an in-product notice. Continued use of the Service after changes take effect constitutes acceptance of the new Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration under the rules of the American Arbitration Association, seated in Delaware. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, it will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fifth Wheel, Inc. regarding the Service.

17. Contact Us

If you have questions about these Terms, please contact us at:

Email: legal@fifthwheel.ai
Fifth Wheel, Inc.