PELICARGO TERMS OF SERVICE

Last updated: 01 August 2026

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THEY CONTAIN A BINDING OBLIGATION REGARDING THE SERVICES YOU BOOK, DISCLAIMERS, AND LIMITATIONS OF LIABILITY.

1. Agreement, Acceptance and Definitions

1.1 Agreement. These Terms of Service (the “Terms”) are a legally binding agreement between Pelicargo, Inc., a Delaware corporation (“Pelicargo”, “we”, “us”), and the business entity that accesses or uses the Services (“Customer” or “you”). They govern your access to and use of pelicargo.com, any branded portal operated on the Pelicargo technology platform, our software, APIs, content and related services, and any services offered to you by a Pelicargo employee (together, the “Services” or the “Pelicargo Platform”).

1.2 Incorporated documents. These Terms, our Privacy Policy at www.pelicargo.com/privacy, any order form, subscription plan, credit approval or fee schedule agreed with you, and any other terms linked or referred to here are incorporated by reference and together form the “Agreement”.

1.3 Acceptance. By registering an Account, clicking to accept, making a Booking, or otherwise accessing or using the Services, whether registered or not, you agree to be bound by the Agreement. If you do not agree, you must not use the Services. The individual accepting represents that they are at least 18 years old and authorized to bind Customer.

1.4 Business use only. The Services are offered only to businesses, including freight forwarders, beneficial cargo owners, third-party logistics providers, and any other entity with an interest in air cargo for which rates are obtained via the Services. They are not offered to consumers.

1.5 Changes to these Terms. We may modify these Terms at any time by posting the updated Terms on the Services or notifying the email address on your Account. Changes take effect when posted unless stated otherwise. Continued use after that constitutes acceptance. If you do not agree, you must stop using the Services, but you remain bound by these Terms for Bookings already made and amounts already owed.

1.6 Definitions. In these Terms:

•          “Account” means a Customer account on the Pelicargo Platform, including all User logins under it.

•          “Booking” means any request for, reservation of, or confirmation of air cargo capacity or related services made through or with the assistance of the Services.

•          “Supplier” means any airline, air carrier, General Sales Agent (“GSA”), ground handler, trucker, freight forwarder or fulfillment partner, or other third party that provides, or acts as agent for the provider of, the services you book.

•          “Supplier Charges” has the meaning given in Section 5.2.

•          “Pelicargo Fees” means all amounts payable to Pelicargo for its own services, as described in Section 6.

•          “User” means any individual who accesses the Services, including anyone representing or purporting to represent a Customer or Supplier.

•          “Affiliate” means any entity that controls, is controlled by, or is under common control with a party.

2. The Services and Pelicargo’s Role

2.1 What we provide. The Services are a technology platform that lets Customers search for, compare and request air cargo capacity, rates and related services made available by Suppliers, and submit Bookings to those Suppliers.

2.2 What we are not. Pelicargo, Inc. is not an air carrier, freight forwarder, or Indirect Air Carrier, does not issue air waybills as carrier, and never takes physical possession, custody or control of your cargo. Pelicargo is not registered with the Transportation Security Administration (“TSA”) as an Indirect Air Carrier and does not perform security functions. If you believe Pelicargo may perform any function under your TSA-approved security program, you must notify us in writing before it is performed.

2.3 Affiliates and fulfillment partners. Certain Bookings may be fulfilled by a Pelicargo Affiliate or by an independent freight forwarder or other fulfillment partner. Where that is the case, the Affiliate or partner acts as a Supplier for that Booking, under its own terms and regulatory registrations, and the rest of these Terms continue to apply between you and Pelicargo.

2.4 Intermediary only. When you make a Booking, Pelicargo acts solely as a technology intermediary: we transmit your Booking details to the Supplier and return the Supplier’s confirmation to you. We do not own or control any Supplier service, including flights, capacity, rates, trucking, handling or insurance.

2.5 No endorsement. Displaying a Supplier or rate on the Services is not a recommendation, approval or sponsorship by Pelicargo. Each Supplier is responsible for the accuracy, completeness and validity of its rates, schedules and other information.

2.6 Branded portals. If you access the Services through a portal branded by another company, that company may set its own commercial terms with you, but your use of the underlying Pelicargo Platform remains subject to these Terms.

2.7 Access and changes. You are responsible for the internet access, hardware and software needed to use the Services. We may develop, update, modify, suspend or discontinue any part of the Services, features or pricing model at any time, with or without notice, and will not be liable to you or any third party for doing so.

3. Accounts and Registration

3.1 Registration. You must register an Account to make Bookings. Each User must register with an official company email address and provide complete, truthful information, kept up to date. You may register multiple Users under one Account.

3.2 Authority to bind. Each User represents that they are authorized to make binding Bookings and incur Supplier Charges and Pelicargo Fees on behalf of Customer. Customer is bound by, and responsible for, all Bookings, instructions and other acts or omissions made through its Account, whether or not the User was in fact authorized.

3.3 Credentials. Users must keep passwords secret and secure in line with our system guidelines. You must notify us immediately of any loss of credentials or actual or suspected unauthorized access. You are liable for misuse of your Account unless it was caused by Pelicargo, and Pelicargo is not liable for losses from unauthorized access to your Account. You must not give access to the Services to unauthorized personnel.

3.4 Verification. We may at any time ask for proof that you are an operating business, such as a tax identification number, company registration data, IATA or CASS number, TSA or other regulatory registrations, trade references or financial information, and may decline or limit service based on the results.

4. Quotes, Bookings and Supplier Terms

4.1 Quotes. Rates and charges are quoted by Suppliers and shown to you on a pass-through basis, based on the shipment information you provide. Quotes are estimates, subject to the Supplier’s availability, validity periods and terms, and may change if your shipment details (weight, dimensions, commodity, routing, dates or handling requirements) differ from what you entered. You choose the Supplier at your sole discretion.

4.2 Bookings are binding contracts with the Supplier. When you submit a Booking and it is accepted or confirmed by the Supplier, you enter into a direct, legally binding contract with that Supplier for the booked services. Pelicargo is not a party to that contract.

4.3 Supplier terms apply. The Supplier’s conditions of contract, tariffs, air waybill terms, rules and policies govern the Booking and the transportation, including any limits on the Supplier’s liability for loss, damage or delay of cargo (for example under the Montreal Convention), claims procedures and time limits, and cancellation, no-show and rebooking charges. You are responsible for reading, understanding and complying with them.

4.4 Changes and cancellations. Any change or cancellation of a confirmed Booking is subject to the Supplier’s terms and may result in charges, which you must pay under Section 5. Pelicargo does not guarantee that any Supplier will accept, perform, or honor a Booking, schedule or rate.

4.5 No circumvention. If you enter shipment-specific information into the Services and obtain a rate or Supplier introduction through them, you agree to book that shipment through the Services and not to contact the Supplier to book it outside the Services. This obligation applies for 12 months after the information is entered. Breach entitles Pelicargo to the Pelicargo Fees that would have applied to the Booking, without limiting its other remedies.

5. Binding Obligation to Suppliers

5.1 Unconditional obligation. By making a Booking, Customer agrees that it is legally bound, and unconditionally obligated, to pay the Supplier in full for all services booked and performed or made available under that Booking. This obligation is a material term of the Agreement and is enforceable against Customer.

5.2 Supplier Charges. “Supplier Charges” means all amounts payable for a Booking under the Supplier’s terms, including freight charges, fuel, security and other surcharges, screening, handling, documentation and terminal fees, storage, trucking and accessorial charges, charges resulting from differences between declared and actual weight, dimensions or chargeable weight, cancellation, no-show and rebooking charges, and duties, taxes and governmental charges.

5.3 Final charges control. You must pay the Supplier Charges as finally assessed by the Supplier, even if they differ from the quote shown on the Services, where the difference results from your shipment details, the Supplier’s terms, or charges imposed by third parties or authorities.

5.4 How you pay. Supplier Charges are paid as stated in the Booking confirmation or invoice: either (a) directly to the Supplier or its agent, or (b) to Pelicargo, where Pelicargo’s invoice states that it is collecting on the Supplier’s behalf. Where Pelicargo collects, it acts only as a limited billing and collection agent for the Supplier, your obligation is discharged only when Pelicargo receives cleared funds, and Pelicargo does not assume any of the Supplier’s obligations.

5.5 No conditions, set-off or deductions. Your obligation to pay Supplier Charges:

•          is not conditional on your receipt of payment from your own customer or any other party;

•          is not suspended or reduced by any claim for loss, damage or delay of cargo, which must be pursued separately under the Supplier’s terms and claims procedures; and

•          must be met in full without set-off, counterclaim or deduction of any kind.

5.6 Pelicargo is not a guarantor. Pelicargo does not guarantee, and is not responsible for, payment of Supplier Charges by you or the accuracy of any Supplier’s charges. Pelicargo has no obligation to pay any Supplier on your behalf.

5.7 If you do not adhere. If you fail to pay any Supplier Charges when due or do not adhere to your contractual obligations to a Supplier:

•          Pelicargo may suspend or terminate your Account, refuse or cancel pending Bookings, and withdraw any credit terms;

•          Pelicargo may share information about the non-payment and your Account with the affected Supplier and other Suppliers;

•          the Supplier may enforce payment against you directly, including through any lien, retention or other rights under its terms or applicable law; and

•          if Pelicargo, at its sole discretion, pays any Supplier Charges on your behalf or is held liable for them, you must reimburse Pelicargo immediately on demand, together with late interest under Section 6.5 and all collection costs.

5.8 Enforcement by Suppliers. Each Supplier with whom you make a Booking is an intended third-party beneficiary of this Section 5 and may enforce it directly against you. This does not make Pelicargo a party to any contract between you and a Supplier.

6. Pelicargo Fees, Credit and Subscriptions

6.1 Commercial models. Pelicargo offers several commercial models, which may include subscription or platform fees, licensing fees, or per transaction fees. The model and fees that apply to you are set out in your specific agreement, order form, plan or quote with Pelicargo (your “Commercial Terms”).

6.2 No minimums; subscriptions. There is no minimum volume, spend or fee commitment unless your Commercial Terms say so. If your Commercial Terms include a subscription, it is billed monthly in advance for the full calendar month, regardless of start date, unless they state otherwise.

6.3 Plan changes and cancellation. Unless your Commercial Terms state otherwise, plan changes take effect from the start of the following month. Cancellation requires two (2) months’ written notice, effective at the end of the second full month after notice. Cancellation notices are valid only if emailed to accounting@pelicargo.com or legal@pelicargo.com. Fees already paid are non-refundable.

6.4 Pre-payment and credit. Unless Pelicargo has approved credit terms for you in writing, all Bookings must be pre-paid, and payment must be received and confirmed before cargo is tendered to the Supplier. If pre-payment is not received, the Booking may be delayed, suspended or cancelled, and you are responsible for any resulting Supplier Charges. Credit terms are granted case by case at Pelicargo’s sole discretion. No Customer is entitled to credit, and no credit is implied by past practice, Booking history or any course of dealing. Any credit terms and limits apply only as confirmed in writing, and Pelicargo may review, reduce, suspend or revoke them at any time.

6.5 Invoices, payment and late interest. Unless otherwise stated on the invoice, in your Commercial Terms or in your written credit terms, Pelicargo invoices are due within 15 days of the invoice date. All amounts must be paid in full, in US dollars, without set-off or deduction. Overdue amounts accrue interest at 1% per month (or, if lower, the maximum rate permitted by law), calculated daily from the due date until paid. You are liable for all reasonable attorneys’ fees, collection agency fees, litigation expenses and other costs incurred in collecting overdue amounts.

6.6 Payment methods. Subscription fees, and any other amounts Pelicargo designates, are paid by automatic debit from a valid payment method on file (such as ACH or credit card). You authorize Pelicargo to charge that method when amounts fall due.

6.7 Taxes. Pelicargo Fees exclude taxes. You are responsible for all applicable sales, use, value-added and similar taxes, other than taxes on Pelicargo’s income.

6.8 Disputes. You must notify billing disputes in writing to accounting@pelicargo.com within 15 days of the invoice date, with details, and pay any undisputed portion when due. Undisputed invoices are deemed accepted.

7. Customer Obligations, Compliance and Acceptable Use

7.1 Accurate shipment information. You are solely responsible for the completeness and accuracy of all information entered through your Account, including shipper and consignee details, commodity description, weight, dimensions, piece count, value, routing and any special handling requirements.

7.2 Special cargo. You are solely responsible for all requirements relating to dangerous goods and hazardous materials (including declaring, classifying, marking, labelling, documenting and packaging them), temperature-controlled cargo (including packaging and keeping cargo within required ranges), live animals, perishables, valuable cargo and any other special cargo. You must not book such cargo unless the Services and the Supplier expressly accept it, and you must disclose it accurately when booking.

7.3 Compliance with law. You will use the Services, and tender all cargo, in compliance with all applicable laws, including aviation security (including TSA and known-shipper requirements), dangerous goods, customs, export control, economic sanctions, anti-bribery and anti-money-laundering laws. You must not use the Services for any shipment to, from or involving a sanctioned country, region or person.

7.4 Acceptable use. You must not, and must not allow anyone to:

•          use the Services for any unlawful, fraudulent or misleading purpose, or to submit content that infringes others’ rights or is otherwise unlawful;

•          introduce malicious code, attempt unauthorized access to the Services, other Accounts or connected systems, probe or breach their security, or interfere with their operation or other Users’ use of them; or

•          scrape, copy, index or monitor the Services or their content by robots, spiders or other automated or manual means, except through APIs we provide for that purpose.

7.5 Reporting. If you become aware that you or any of your Users have breached this Section or infringed any third party’s rights, you must notify Pelicargo promptly in writing.

8. Disclaimers, Release, Limitation of Liability and Indemnification

8.1 Disclaimer. THE SERVICES AND ALL CONTENT, RATES AND INFORMATION ON THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, PELICARGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PELICARGO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF VIRUSES, OR THAT ANY SUPPLIER, RATE OR SCHEDULE IS ACCURATE, AVAILABLE, LICENSED OR SUITABLE. NOTHING ON THE SERVICES IS ADVICE OF ANY KIND.

8.2 Suppliers are your responsibility. Suppliers are independent contractors engaged by you, not employees or agents of Pelicargo, and Pelicargo does not supervise, direct or control them. You are solely responsible for assessing each Supplier’s suitability. The quality, safety and performance of Supplier services are entirely the Supplier’s responsibility. Suppliers may limit their liability, including for loss, damage or delay of cargo.

8.3 Release. You release Pelicargo, its Affiliates, and their officers, directors, employees, agents and service providers from all claims, demands and damages (actual and consequential, known and unknown) arising out of or connected with any dispute between you and any Supplier, other User or third party, including disputes about the performance or quality of Supplier services and refund requests. This release does not apply to a claim that Pelicargo failed to meet its own express obligations under these Terms.

8.4 Limitation of liability. TO THE EXTENT PERMITTED BY LAW, WE ASSUME NO RESPONSIBILITY, AND IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE SHALL PELICARGO OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO CUSTOMER, ANY THIRD PARTY, ANY SUPPLIER, OR ANY OTHER PERSON FOR ANY LOSS, CLAIM, DAMAGE, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SERVICES, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SERVICES, OR ARISING FROM UNDERLYING TRANSPORTATION WHERE RATES WERE OBTAINED VIA THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, PELICARGO IS NOT LIABLE FOR ANY LOSS, DAMAGE, DESTRUCTION OR DELAY OF OR TO CARGO, ANY FAILURE OF A SUPPLIER TO ACCEPT, TRANSPORT OR DELIVER CARGO, OR ANY CHARGES ARISING FROM CANCELLATION OR CHANGE OF A BOOKING.

8.5 Indemnification. You will indemnify, defend and hold harmless Pelicargo, its Affiliates, and their directors, officers, employees, representatives and agents from all claims, losses, liabilities, damages, expenses and demands (including attorneys’ fees and costs) arising directly or indirectly from:

1.        your use or misuse of, or inability to use, the Services;

2.        your breach of the Agreement, including non-payment of Supplier Charges;

3.        your violation of any law or regulation or the rights of any third party;

4.        your cargo, including its contents, packaging, declaration and any non-compliance with dangerous goods, security, customs or sanctions requirements;

5.        your negligence or wilful misconduct;

6.        reliance on information or instructions entered by any User purporting to represent you; and

7.        any content you submit or transmit through the Services.

Pelicargo may, at its own expense, assume the exclusive defense and control of any matter subject to indemnification. You must not settle any such matter without Pelicargo’s prior written consent.

9. Intellectual Property, User Content and Data

9.1 Pelicargo’s IP. Pelicargo owns all right, title and interest in the Services, including software, text, graphics, images, scripts, logos, trademarks, service marks, patents and trade secrets (“Intellectual Property”), excluding your User Content. Other names and marks on the Services belong to their owners. No rights are transferred to you except as expressly stated here.

9.2 Your license. Subject to your compliance with the Agreement, Pelicargo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes. All other rights are reserved. You must not: remove proprietary notices; reproduce, modify, create derivative works of, distribute, resell, license, frame, mirror or otherwise commercially exploit the Services; or decompile, reverse engineer or disassemble them, except as permitted by law. Any unauthorized use automatically terminates this license.

9.3 User Content. “User Content” means any information, data or content you or your Users submit to or use with the Services. You are solely responsible for it, including its accuracy and any personal data it contains. You represent that you have all rights and consents needed to submit it, including for any third-party content, and that it does not breach the Agreement. You may not imply that your User Content is provided or endorsed by Pelicargo. Pelicargo has no obligation to monitor User Content and assumes no responsibility for it.

9.4 License to Pelicargo. You grant Pelicargo an irrevocable, non-exclusive, worldwide, royalty-free, fully paid, sublicensable license to use your User Content to provide and improve the Services, to transmit it to Suppliers to perform Bookings, and to create Anonymous Data. All other rights in User Content remain with you.

9.5 Anonymous Data. Pelicargo may create anonymized or aggregated data from User Content using commercially reasonable efforts to remove information identifying you (“Anonymous Data”), and may use and disclose Anonymous Data for any purpose, during and after the Agreement.

9.6 Sharing and privacy. Pelicargo may share User Content with Suppliers as needed to quote and perform Bookings. Pelicargo otherwise collects, uses, shares, retains and deletes data as described in the Privacy Policy.

9.7 Competitively sensitive information. Pelicargo will not exchange Users’ competitively sensitive information among competing Users in a manner that violates antitrust law. Any disclosure of rates or other competitively sensitive information to competing Users will conform to the antitrust safety zone in the Statement of Department of Justice and Federal Trade Commission Enforcement Policy on Provider Participation in Exchanges of Price and Cost Information.

9.8 Feedback. You assign to Pelicargo all rights in any feedback, suggestions, bug reports or ideas about the Services (“Feedback”). Feedback is non-confidential, and Pelicargo may use it in any way without obligation to you. If you take part in a case study, the information you provide is Feedback and Pelicargo may use your name with it.

9.9 Third-party sites. Links to third-party sites or services are provided for convenience only. Pelicargo does not control or endorse them, and your use of them is at your own risk and on their terms.

10. Term, Termination and General Terms

10.1 Termination by Pelicargo. Pelicargo may suspend or terminate your Account, any linked Accounts, or the Agreement at any time, for any reason or no reason, on notice to you and at no cost to Pelicargo, including if: you breach the Agreement; you fail to pay any amount when due; we suspect you provided false or misleading information; we believe your actions may create legal liability for you, other Users, Suppliers or Pelicargo, or involve illegal activity; or we are required to by law. We may delete the Account and its data on termination. You have no ownership rights in your Account. After suspension or termination, you may not register a new Account, under any name or on behalf of any third party, without our prior written consent. Pelicargo may pursue any other available legal remedy.

10.2 Termination by Customer. You may terminate the Agreement by written notice to legal@pelicargo.com, subject to the subscription notice period in Section 6.3. Termination takes effect only once all outstanding Bookings are completed and all Supplier Charges and Pelicargo Fees are paid in full.

10.3 Effect and survival. Termination does not release either party from obligations incurred before termination. Sections 4.5, 5, 6, 8, 9 and 10, and any other provisions that by their nature are intended to survive, survive termination.

10.4 Electronic communications. You consent to receive all agreements, notices, invoices and other communications from Pelicargo electronically, by posting on the Services or by email to your Account address, and to be contacted by Pelicargo by phone, email or text at the details you provide. Electronic communications satisfy any requirement that they be “in writing” and are deemed received five (5) business days after posting or sending.

10.5 Governing law and jurisdiction. The Agreement, and any non-contractual disputes or claims arising out of or in connection with it, are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. The state and federal courts located in Delaware have exclusive jurisdiction, and each party submits to their jurisdiction.

10.6 Force majeure. Neither party is liable for failure or delay in performing obligations (other than payment obligations) caused by events beyond its reasonable control, including labor disputes, accidents, fires, floods, epidemics, telecommunications or internet failures, war, riots, blockades, and acts or requirements of government.

10.7 Assignment. You may not assign or transfer the Agreement or any rights or obligations under it without Pelicargo’s prior written consent signed by an authorized representative. Pelicargo may assign the Agreement freely. Any assignment in breach of this Section is void. The Agreement binds and benefits the parties’ successors and permitted assigns.

10.8 Relationship. Nothing in the Agreement makes Pelicargo an agent, partner, joint venturer or employee of Customer or any Supplier, except Pelicargo’s limited role as collection agent under Section 5.4 where it applies.

10.9 Severability and waiver. If any provision is held unlawful, invalid or unenforceable, it will be amended to achieve as nearly as possible its original effect, and the rest of the Agreement remains in force. No delay or failure by Pelicargo to exercise any right is a waiver of it, and a waiver of one breach is not a waiver of any other.

10.10 Entire agreement and precedence. The Agreement is the entire agreement between you and Pelicargo about the Services and supersedes all prior agreements, proposals and understandings, oral or written. If these Terms conflict with any other contract between you and Pelicargo, these Terms control unless that contract is signed by an authorized Pelicargo officer and expressly states that it overrides these Terms.

10.11 Contact. Questions about these Terms: legal@pelicargo.com. Billing and cancellations: accounting@pelicargo.com.