1. Acceptance, eligibility, and authority
These Terms of Service (Terms) are a binding agreement governing access to the CommuterCart website, applications, dashboards, APIs, delivery-matching tools, and related services (collectively, the Platform). By creating an account, requesting or performing a delivery, or otherwise using the Platform, you enter a binding agreement with CommuterCart and accept these Terms.
You must be at least 18 years old and legally capable of entering a contract. If you use the Platform for a company or other organization, you represent that you are authorized to bind it. The Privacy Policy at /privacy, Driver Platform Terms at /driver-terms, Driver Privacy Notice at /driver-privacy, Biometric Information Notice at /biometric-notice, Screening Notice at /screening-notice, Consumer Health Data Notice at /consumer-health-notice, Data Processing Addendum at /data-processing-addendum, transaction confirmations, and policies expressly linked from them are incorporated when applicable. A signed business agreement or Driver-specific term controls only to the extent it expressly conflicts with these Terms on its subject.
The Platform is initially offered for approved delivery activity in Maine. Service in another New England state or elsewhere in the United States begins only when CommuterCart expressly identifies that location as active and has completed applicable operational and legal requirements. A listing, waitlist, route display, or future expansion statement is not an offer of service in an unlaunched location.
2. The Platform and the parties’ roles
CommuterCart provides technology that allows Senders and businesses to request local and regional delivery services and allows independent Drivers to view and accept delivery opportunities. A Sender is the person or business requesting delivery, whether for itself or a Recipient; a Driver is the independent service provider accepting it; and a Recipient is the person or organization designated to receive it.
Unless a separate written agreement expressly states otherwise, CommuterCart provides the Platform and coordination services, not the underlying transportation service. Drivers—not CommuterCart—perform Delivery Services. CommuterCart does not take title to, sell, manufacture, pack, or become the owner of items submitted for delivery and is not a common carrier or motor carrier. The merchant or other seller remains the merchant of record for goods sold through an integrated checkout. No employment, partnership, franchise, joint venture, or general agency relationship is created among CommuterCart, a Driver, a Sender, a merchant, or a Recipient.
For clarity, Driver includes an approved independent delivery-service provider using the Platform. Item includes a package, product, goods, or other eligible physical item submitted for delivery. Patent terminology such as carrier or object, when used in technical materials, does not change these defined Platform roles.
2A. CommuterCart delivery modes
A delivery request must identify an available service mode. The confirmation screen, including its price, timing, route, item, and cancellation disclosures, forms part of these Terms for that delivery.
CC Commuter matches an item with a Driver who reports an existing trip compatible with the requested destination. Timing is flexible, route compatibility may change, and posting a request does not guarantee a match. CC Local is a direct point-to-point neighborhood delivery within the maximum distance displayed at posting, currently designed for trips of no more than 15 miles. CC Direct is an on-demand request intended to attract a Driver willing to make a trip specifically for that item, using a Sender-selected or automated suggested offer.
CC Direct improves urgency and dispatch priority but is not a guaranteed-delivery service unless the checkout expressly labels the particular request as guaranteed and states the sole remedy for a missed commitment. A requested deadline, suggested arrival time, high offer, or Driver acceptance alone is not a guarantee. Items outside published size, distance, geographic, vehicle, or service limits require separate written approval and may be governed by additional freight or business terms. The Platform does not transport passengers under a package-delivery request.
3. Accounts, verification, and communications
You must provide complete, current, and accurate information; maintain only accounts you are authorized to use; protect credentials; and promptly report unauthorized access. You are responsible for activity under your account. We may request identity, business, vehicle, license, insurance, or other verification and may use passwords, security tokens, device signals, digital certificates, confidence or risk scores, and qualified third parties to authenticate users and transactions. Any legally regulated biometric authentication is subject to the separate notice and consent required by law.
You consent to receive transactional communications by email, text, telephone, push notification, or in-app message about account security, delivery status, support, and payments. Standard messaging and data charges may apply. Marketing communications are subject to any consent and opt-out rights required by law. You may not create duplicate or false accounts, impersonate another person, evade a restriction, manipulate a referral or promotion, or use automated means to create accounts or transactions without written authorization.
4. Sender and business responsibilities
Each time a Sender requests delivery, the Sender represents and agrees that:
- the Sender owns the item or has authority from its owner or lawful custodian to tender it and authorize its pickup, transport, and delivery;
- all descriptions, addresses, access instructions, dimensions, weight, value, configuration, contents, handling needs, timing, delivery mode, and recipient details are accurate and complete;
- any requested license, clearance, insurance, signature, confidentiality, equipment, or other Driver qualification is accurate, lawful, reasonably necessary for the delivery, and not based on a protected characteristic;
- the item is lawful, eligible, safely packaged, sealed, labeled, and able to withstand ordinary handling and vehicle transport;
- the Recipient and any pickup contact have been informed of the delivery and the Sender has a lawful basis to provide their contact information;
- someone authorized will be available when an attended pickup or delivery is required; and
- the Sender will pay charges caused by inaccurate information, inadequate packaging, failed access, rejection, return, storage, disposal, reclassification, or special handling.
4A. Hands, weight, packaging, and capacity
For eligible CC Commuter requests, Hands are a handling classification rather than a precise measure of volume. A One-Hand request ordinarily means one securely closed parcel that weighs less than 10 pounds and can be safely carried in one hand. A Two-Hand request ordinarily means up to two securely closed parcels, or one parcel weighing 10 through 25 pounds, that can be safely carried in one trip from the pickup point to the vehicle. Displayed dimensions, weight, parcel-count, and vehicle-capacity limits also apply.
The Sender selects the classification, but the Driver may reasonably challenge it before taking possession. CommuterCart may reprice, reclassify, split, reject, or cancel an item that is underdeclared, unsafe, loose, oversized, overweight, or incompatible with the accepted vehicle. The Sender may accept the disclosed adjustment or cancel subject to any fee already earned for travel, arrival, or waiting. An item exceeding Two Hands is not eligible for ordinary CC Commuter service unless a separately displayed service or written agreement authorizes it.
The Sender is responsible for internal cushioning, leak prevention, closure, labels, temperature controls, and packaging appropriate to the item. The Driver may reject an item that cannot be loaded, secured, carried, or delivered without unreasonable risk. CommuterCart does not provide packing, loading, assembly, installation, or moving services unless expressly included in the confirmation.
5. Prohibited and restricted items
You may not request or perform delivery of an item that is illegal, unsafe, stolen, counterfeit, misrepresented, or prohibited by law. The following are prohibited unless CommuterCart has expressly approved the item in writing and all legal and handling requirements are satisfied:
- firearms, ammunition, weapons, explosives, fireworks, hazardous materials, toxic or radioactive substances, and compressed gases;
- illegal drugs, cannabis, controlled substances, drug paraphernalia, and prescription medication;
- alcohol, tobacco, nicotine, vaping products, or other age-restricted goods;
- cash, currency, negotiable instruments, gift cards, lottery tickets, bullion, precious stones, and high-value collectibles;
- live animals, human remains, organs, medical specimens, blood, or biological material;
- pornographic or unlawfully discriminatory material, personal data carried without authorization, or items that violate intellectual-property rights;
- perishable, frozen, temperature-controlled, or prepared food requiring safeguards the delivery cannot reliably provide; and
- any item whose size, weight, condition, packaging, or value makes transport unsafe or unsuitable for the Driver or vehicle.
6. Refusal, inspection, and reporting
CommuterCart or a Driver may refuse, cancel, or stop a delivery reasonably believed to be unsafe, unlawful, inaccurately described, improperly packaged, or incompatible with the vehicle. To the extent permitted by law, an item may be visually inspected or opened when reasonably necessary for safety, security, fraud prevention, or legal compliance. Suspected unlawful activity may be reported to authorities. Acceptance by mistake does not make a prohibited item eligible or create liability for it.
7. Driver responsibilities and independence
Drivers decide when, where, and whether to use the Platform and may accept or decline an opportunity without penalty except where lawfully stated for an already accepted delivery. Drivers are responsible for their methods, route, vehicle, fuel, equipment, expenses, parking, tolls, taxes, permits, and compliance with applicable law. Nothing guarantees a minimum number of opportunities, earnings, route fit, offer acceptance, or exclusivity.
A Driver must maintain a valid license, registration, insurance that legally permits the Driver’s activities, a safe and suitable vehicle, and any required permits; remain sober, alert, and medically fit; obey traffic, parking, loading, and securement laws; protect account and recipient information; handle items with reasonable care; avoid tampering or unauthorized opening; follow lawful delivery instructions; maintain chain of custody; promptly report collisions, damage, loss, delays, or safety events; and provide accurate pickup and delivery confirmation.
A Driver must confirm that every accepted item and combined batch fits safely within the vehicle and must not overload the vehicle, obstruct visibility, leave an item unsecured, transport an unauthorized passenger as part of a delivery request, or use a handheld device unlawfully while driving. A Driver may not transfer an accepted delivery, share an account, or allow another person to perform the delivery without prior authorization. Personal automobile policies may exclude commercial or delivery activity; verification of a policy does not represent that every loss is covered, and the Driver remains responsible for obtaining appropriate coverage.
8. Matching, estimates, pickup, and delivery
Matches, qualification indicators, rankings, suggested offers, prices, routes, arrival times, and delivery windows may be generated using automated systems and are estimates unless an express written guarantee is displayed for that transaction. Availability depends on location, timing, Driver participation, item eligibility, credentials, vehicle fit, safety, weather, traffic, access, and other conditions. Users remain free to accept or decline an available recommendation. A posted request or displayed match does not create a delivery commitment until the selected Driver accepts and the Platform confirms it.
The Sender must obtain and retain proof of tender when requested. Delivery may be completed to the Recipient, an authorized person, a staffed receiving area, or a location authorized by the Sender or Recipient. If contactless delivery is selected or authorized, responsibility and risk pass when the item is placed at the authorized location and delivery confirmation is recorded. Photos, timestamps, signatures, access records, item scans, and location data may be used as proof of pickup, custody, attempted delivery, or completion.
For CC Direct, dedicated means the Driver accepted the request with the intent to make a trip specifically serving that delivery. It does not promise exclusive use of a vehicle or prohibit another compatible delivery unless exclusivity is expressly purchased and shown in the confirmation. Pickup, route, and drop-off instructions remain subject to law, safety, road conditions, and reasonable Driver judgment.
8A. Route measurement, multi-stop delivery, and batching
The Platform may calculate point-to-point, long-haul, and deviation mileage using mapping data, device location, a Driver’s registered trip or commute, recorded pickup and drop-off points, and route events. Mileage may differ from an odometer or the route actually chosen. The confirmation will disclose the applicable rate, cap, distance band, rounding method, and any return-to-route treatment. If reliable location data is unavailable, CommuterCart may use the most reasonable mapped distance or other documented route evidence.
For CC Commuter, long-haul mileage represents the eligible portion of the Driver’s reported existing trip, while deviation mileage represents eligible travel away from or back toward that baseline route. For CC Local and CC Direct, pricing may use direct point-to-point mileage without a separate deviation charge. Multiple destinations may create separately measured legs, including an eligible return leg when disclosed before confirmation.
CommuterCart may combine compatible requests from one or more Senders into a batch and may optimize pickup and delivery order, subject to capacity, item compatibility, safety, and confirmed service levels. Each Sender’s delivery remains a separate transaction and may be priced as though it were the only item using its eligible route; a Sender is not entitled to another Sender’s identity, pricing, payment, or a discount merely because deliveries share a Driver or route. Drivers may receive compensation from each accepted delivery. No batch may knowingly combine incompatible, contaminating, confidential, or restricted items.
9. Cancellations, failed delivery, and returns
The cancellation and refund terms displayed before confirmation control for the selected mode. Unless the confirmation states otherwise, cancellation is ordinarily free before Driver acceptance; a disclosed cancellation charge may apply after acceptance, increase after the Driver begins traveling or arrives, and include the full delivery charge or return cost after possession. No fee will be imposed where prohibited by law.
If pickup or delivery cannot be completed because of incorrect information, denied access, Recipient absence, refusal, unsafe conditions, underdeclared size, prohibited contents, or another circumstance outside the Driver’s reasonable control, the item may be returned, held, redirected, or lawfully disposed of at the Sender’s expense. A partially completed multi-stop request may be charged for completed stops, mileage, waiting, and any necessary return. CommuterCart may cancel or reassign a delivery for safety, service quality, suspected fraud, Driver unavailability, or operational necessity.
A missed requested time does not automatically create a refund. For a non-guaranteed CC Commuter, CC Local, or CC Direct request, eligibility depends on the delivery stage, responsibility for the failure, and checkout policy. If an express delivery guarantee was purchased, the remedy stated with that guarantee is the Sender’s sole contractual remedy for delay, except where law requires otherwise. An unauthorized or inaccurate final charge must be disputed promptly through /support with available route or transaction evidence.
10. Prices, fees, tips, taxes, and Driver payouts
Before confirmation, the Platform will display an estimated or fixed charge based on the selected mode, distance, Hands or size classification, timing, demand, service level, stops, and disclosed requirements. The transaction-specific breakdown controls over general examples or promotional illustrations. Final charges may include authorized mileage adjustments, taxes, tolls, waiting, returns, cancellation, special handling, correction of inaccurate details, or other items disclosed before they are incurred. You authorize CommuterCart and its payment processors to place holds, charge the selected payment method, issue credits, and correct processing errors. A recorded pickup, delivery, signature, or other execution event may initiate or release a charge or payout, subject to applicable dispute, refund, and chargeback rights.
Where a transaction displays an 80% Driver and 20% CommuterCart allocation, that allocation applies only to the charge components identified in that breakdown. A Hand, access, software, subscription, merchant, processing, cancellation, or other fee may have a different allocation when clearly disclosed. The offer card or payout statement shown to the Driver before acceptance controls the Driver payout for that delivery, subject to tips, refunds, chargebacks, corrections, and law.
Available payment methods may include cards and bank or ACH transfers when expressly displayed and supported by an authorized payment provider. Method-specific processor, refund, transfer, verification, and settlement terms may apply. Tips are voluntary unless clearly disclosed otherwise and are intended for the Driver, subject to payment-processing adjustments and law. Drivers are responsible for taxes and expenses and authorize applicable fees, refunds, offsets, chargebacks, or withholding. CommuterCart may delay payment while investigating fraud, disputes, safety incidents, or legal compliance.
10A. Mode-specific pricing and offers
CC Commuter pricing may include a Hand or pickup fee, eligible long-haul mileage, and measured deviation or multi-stop mileage. CC Local pricing may include a distance-band fee plus mileage for the direct trip. CC Direct pricing may include a Sender-selected or automated suggested posting fee plus point-to-point mileage. Current rates, caps, minimums, maximums, and allocations are shown before confirmation and may change prospectively.
An automated suggested CC Direct offer is an estimate of an amount that may attract a Driver; it is not an appraisal, wage guarantee, or promise of acceptance, pickup, or delivery. A Sender may choose another permitted offer. Drivers independently decide whether to accept, and a high offer or suggested offer does not guarantee service. A posting becomes binding only when accepted and confirmed under the displayed terms.
For a batch, each delivery may carry its own Hand, route, distance, stop, or posting charge and its own Driver payout. Payment by one Sender does not satisfy another Sender’s charges. Tolls, parking, waiting, failed-access, return, and redelivery amounts are payable only when authorized by the checkout, subsequently approved, or otherwise permitted by these Terms and applicable law.
Before a consumer begins a recurring subscription, CommuterCart will clearly disclose the price, billing frequency, renewal terms, trial conversion terms, material restrictions, and cancellation method and will obtain any affirmative consent required by law. Cancellation will be available through a reasonably accessible method that is at least as easy as the method used to subscribe where required. Cancelling a subscription does not cancel accepted deliveries or earned transaction charges.
11. Item value, risk of loss, insurance, and claims
The Sender bears the risk associated with prohibited items, concealed defects, inherent vice, ordinary wear, inadequate packaging, inaccurate description, and loss occurring before recorded pickup or after completed delivery. Verification that a Driver reports legally required automobile insurance is not cargo insurance, is not a guarantee of coverage, and does not make CommuterCart an insurer. CommuterCart does not provide shipment insurance merely by accepting a request. Any separate shipment-protection program applies only when expressly offered, purchased, and documented.
Unless applicable law or a separate written agreement requires otherwise, maximum responsibility for direct physical loss of or damage to an eligible item while in an accepted Driver’s recorded custody is limited to the lesser of the item’s documented replacement cost, its declared value, or $100 per delivery. The applicable checkout will make this limit and any available declared-value or separate protection option reasonably accessible before confirmation. No recovery is available for sentimental value, lost profits, loss of use, market fluctuation, data loss, delay, or other indirect loss. These limits do not apply to liability that cannot lawfully be limited, including where applicable liability for fraud, willful misconduct, gross negligence, personal injury, or a nonwaivable statutory remedy.
For a multi-stop or batched delivery, custody and any claim are evaluated separately for each item from its recorded pickup through its recorded delivery, return, or other disposition. Payment of one claim does not establish responsibility for another item or stop.
- A claim must be submitted through /support by selecting Delivery or Cargo Claim within 14 days after delivery or the scheduled delivery date.
- The claimant must provide the delivery identifier, proof of ownership and value, photographs, original packaging, and other reasonably requested evidence.
- The item and packaging must be preserved for inspection, and no settlement may exceed the claimant’s actual documented loss.
12. Safety, respectful conduct, and acceptable use
Users must act lawfully and respectfully and may not discriminate, harass, threaten, stalk, assault, retaliate, invade privacy, interfere with a delivery, create false requests, manipulate location or payment data, solicit off-platform transactions to avoid fees, scrape or reverse engineer the Platform, introduce malicious code, misuse personal information, or assist another person in doing so. Ratings, selection criteria, and feedback must be truthful, delivery-related, nonretaliatory, and free of discriminatory or unnecessarily sensitive content. Emergencies should be directed to emergency services before contacting platform support.
13. User content, location data, and automated systems
You retain ownership of content you submit. You grant CommuterCart a worldwide, nonexclusive, royalty-free license to host, process, reproduce, adapt, and display that content as reasonably necessary to operate, secure, support, improve, and document the Platform and deliveries. You represent that you have the required rights and permissions.
To provide matching, metering, safety, tracking, and proof of delivery, the Platform may collect and process a Driver’s registered trip or commute, device location during availability and active delivery periods, pickup and drop-off coordinates, route deviations, timestamps, item scans, signatures, access records, messages, and delivery photographs. Subject to settings and law, active-delivery progress or approximate live location may be shared with the Sender, merchant, pickup contact, or Recipient. Users must not use tracking or proof-of-delivery information to harass, surveil, identify, or contact another person beyond what the delivery reasonably requires.
Location permission may be required to receive or perform certain services. Disabling it may prevent matching, mileage verification, tracking, or payment calculation. CommuterCart may retain route and delivery records as reasonably necessary for transactions, claims, safety, fraud prevention, legal compliance, and system improvement, subject to any privacy notice and applicable rights.
TransportAI may use current and historical Sender requests, package and delivery details, Driver capabilities, upcoming trips, route and timing information, credentials, availability, preferences, priority settings, selections, confirmations, performance, ratings, and other delivery outcomes to create training data and models for both sides of the marketplace.
These systems may forecast opportunities and requirements; identify compatibility or qualification labels; rank, filter, and batch matches; recommend an applicable item, Sender, Driver, route, timing, or price; seed user-adjustable priority settings; detect risk or fraud; and determine which opportunities are displayed and in what order. Declining an unaccepted Driver opportunity or taking longer to respond does not lower that Driver’s future matching priority. The ordinary Platform does not use protected characteristics as matching criteria. Required licenses, clearances, insurance, signatures, confidentiality commitments, equipment, or handling qualifications must relate legitimately to the delivery.
A User’s selection may transmit the related request or capability information to the other party and produce an acceptance or confirmation record. After an execution or delivery event, CommuterCart may request item, Sender, or Driver criteria and feedback, associate it with the selection, store it in the relevant Sender and Driver records, and use it to update future recommendations and models.
CommuterCart does not intentionally use protected characteristics, unrelated medical information, complete credential documents, authentication secrets, or raw payment credentials to train ordinary matching or ranking models. We may filter, redact, restrict, or exclude free-text feedback and other information that appears discriminatory, unlawfully sensitive, unrelated to delivery performance, or unsuitable for model development.
Automated outputs can be incomplete or inaccurate and are recommendations, not guarantees of legality, identity, credentials, availability, suitability, safety, earnings, acceptance, or completion. Users remain responsible for judgment and verification. When an automated output materially restricts an account, disqualifies a User, changes eligibility, or otherwise requires review by law, CommuterCart will provide available notice of the result and principal factors. A User challenging a material automated qualification, ranking, fraud, rating, fee, or eligibility decision must provide reasonably available supporting information and may request review by a person authorized to correct underlying data and confirm, modify, or reverse the result. Review does not guarantee reversal. CommuterCart will respond within the period required by law and provide any available appeal or regulatory-complaint information.
14. Platform ownership and limited license
The public patent record for U.S. Patent No. 10,740,716 B1 uses the title Methods and systems for coordinating physical transport of an object utilizing artificial intelligence and reports I-Transport, LLC as the relevant owner, subject to final USPTO chain-of-title verification. Certain matching and coordination features may be protected by that patent and by separately verified intellectual-property rights owned or licensed by I-Transport, LLC. Identification of a patent does not grant a license or represent that every Platform feature practices every claim. CommuterCart and its licensors own the Platform, software, algorithms, interfaces, trademarks, and related intellectual property. Subject to these Terms, you receive a limited, revocable, nonexclusive, nontransferable license to use the Platform for its intended purpose. You may not copy, sell, sublicense, bypass security, derive source code, reverse engineer matching or qualification systems, build a competing service from nonpublic Platform materials, or use CommuterCart branding without written permission. Feedback may be used without restriction or compensation.
15. Third-party services
The Platform may rely on payment processors, mapping services, identity providers, business integrations, merchants, and other third parties. Their separate terms and privacy practices may apply. CommuterCart is not responsible for third-party products, websites, outages, decisions, or content, but this provision does not limit obligations that cannot lawfully be excluded.
15A. Business Layer, integrations, and CommuterCart POS
Business users may access delivery dashboards, checkout widgets, APIs, webhooks, analytics, Last Mile in a Box features, or CommuterCart POS under the Merchant Platform Terms at /merchant-terms and an order form, merchant proposal, license, subscription, or other business agreement. That agreement may establish implementation fees, recurring charges, transaction or merchant fees, support, usage limits, service levels, branding rights, data terms, and renewal or cancellation rules. If it conflicts with these Terms, the signed business agreement controls for the business service.
A business is responsible for lawful customer notices and consents; its products, inventory, descriptions, prices, taxes, refunds, warranties, age restrictions, food-safety and temperature requirements; accurate order, package, recipient, handling, and qualification data; security of API keys and authorized users; and reviewing automatically created delivery requests and recommendations. The business may not require a credential or restrict a Driver for a discriminatory or unrelated reason. Unless expressly agreed otherwise, the business—not CommuterCart—is the seller and merchant of record, and a product-quality, purchase, return, or warranty dispute remains between the business and its customer.
An integration or POS workflow may automatically create a delivery request, generate or apply priority settings, rank potential Drivers, and exchange selection or confirmation data at checkout. The business authorizes those workflows and resulting disclosed charges and must promptly correct duplicates, errors, inaccurate criteria, or unauthorized automation. CommuterCart does not guarantee uninterrupted APIs, webhooks, inventory synchronization, analytics, dispatch, recommendations, or third-party connectivity.
Businesses must maintain reasonable security, avoid sending unnecessary sensitive information, use secure approved workflows for licenses, clearances, medical information, biometrics, or government identifiers, and notify CommuterCart promptly of compromised credentials or erroneous automation. A business must not expose Driver information beyond personnel who need it for delivery, safety, support, or compliance, and may not use merchant or Driver information to build unrelated profiles or competing datasets. When CommuterCart acts as a processor or service provider for a business, the applicable Data Processing Addendum governs processing instructions, subprocessors, security, rights-request assistance, incident notification, retention, deletion, and legally required transfer safeguards.
Merchant sales commissions, if any, are separate from delivery, SaaS, processing, and POS license charges. Any zero-commission, percentage-fee, or 0–5% arrangement applies only when expressly shown in the applicable proposal, order form, or checkout. General marketing statements do not override a transaction-specific or signed business pricing schedule.
15B. Promotions, mobile apps, copyright, and export controls
A promotion, referral, credit, gift card, reward, or stored-value feature is governed by its displayed rules. Unless those rules or law state otherwise, promotional value is personal, nontransferable, not redeemable for cash, may expire, and may be withheld or revoked for mistake, fraud, duplicate accounts, manipulation, chargeback, or breach. Purchased stored value is subject to applicable expiration, refund, unclaimed-property, and consumer-protection law. CommuterCart will publish material eligibility, duration, limitation, and withdrawal terms before collecting information for a loyalty program or financial incentive.
If a mobile app is obtained through Apple, Google, or another app store, the store's terms also apply. The store is not responsible for the Platform, Delivery Services, support, warranties, claims, or legal compliance except to the extent its terms require; it may be a third-party beneficiary of this app-license provision. Users must comply with applicable third-party service and wireless-plan terms.
A person who believes Platform content infringes copyright may send a notice through /support by selecting Copyright Notice or to the mailing address in Section 22 identifying the copyrighted work, challenged material and location, contact information, a good-faith statement, an accuracy-and-authority statement under penalty of perjury, and a physical or electronic signature. CommuterCart may remove content, notify the user, process a valid counter-notice, and terminate repeat infringers consistent with applicable law. If CommuterCart becomes eligible for a statutory online-service-provider safe harbor, it will register and publish the current designated agent information required for that protection; an ordinary support contact is not represented as a registered DMCA agent unless expressly identified as such.
You may not use, export, re-export, transfer, or provide the Platform in violation of U.S. export-control, sanctions, or anti-boycott law and represent that you are not prohibited from receiving the Platform under applicable restrictions. No service is offered where prohibited by law.
15C. Food, retail, substitutions, recalls, and regulated sales
A merchant controls product descriptions, ingredients, allergens, prices, availability, substitutions, preparation, packaging, food safety, recalls, refunds, warranties, and lawful sale. CommuterCart does not independently verify every merchant representation. A Sender or Recipient with an allergy, dietary restriction, product-safety concern, or substitution preference must communicate directly with the merchant and should not rely on the Driver for product advice.
Substitutions, age-restricted goods, prescriptions, temperature-controlled items, and recalled products are unavailable unless an expressly approved workflow supports them. Required identity, age, signature, chain-of-custody, temperature, refusal, and return controls must be completed. A Driver may not make an unauthorized substitution, open sealed goods, or complete an attended or regulated delivery without required verification.
15D. Messaging, cookies, mobile permissions, and channel-specific terms
Transactional email, text, telephone, push, and in-app messages may be used for authentication, delivery status, safety, support, payments, and legal notices. If a recurring SMS program is offered, the enrollment disclosure will identify the sender, expected message purpose and frequency, potential carrier charges, consent terms, HELP information, and a STOP or equivalent opt-out method. Consent to marketing texts is not a condition of purchasing ordinary services where law prohibits that condition. Opting out of marketing does not prevent necessary nonmarketing communications through another available channel.
Before enabling nonessential cookies, advertising tools, session replay, cross-device measurement, background location, camera, microphone, contacts, photos, notifications, or communication recording, CommuterCart provides the contextual notice and consent or settings required for the particular technology and location. App-store privacy labels, permission descriptions, and data-safety disclosures must accurately reflect the enabled production features and providers.
A promotion, loyalty program, referral campaign, regulated delivery category, recorded-support line, or other specialized channel may carry additional displayed terms. Those terms supplement these Terms for that program and must identify material eligibility, duration, charges, restrictions, privacy use, cancellation or opt-out method, and available remedy before participation.
16. Suspension, deactivation, and termination
You may stop using the Platform at any time, subject to completing accepted deliveries and paying outstanding amounts. CommuterCart may restrict, suspend, or deactivate access for safety risk, suspected fraud, legal requirements, repeated failure to complete accepted services, invalid credentials, nonpayment, or material breach. Voluntary inactivity or declining unaccepted opportunities alone is not a basis for adverse treatment; a long-dormant account may require fresh security or eligibility verification before reactivation. When law permits and doing so would not compromise safety, fraud prevention, an investigation, or legal process, we provide notice and the principal reason.
A Driver may appeal through /privacy-request by selecting Automated Decision Review or Appeal and providing the challenged decision and supporting records. A person authorized to review and correct relevant information will evaluate it. We ordinarily acknowledge an appeal within 10 business days and aim to decide it within 30 days, subject to legally required periods and reasonable extensions for complex investigations. Review does not guarantee reinstatement; state-specific rights and shorter deadlines control. Provisions concerning payments, taxes, confidentiality, privacy, claims, intellectual property, disputes, and accrued liability survive termination.
17. Disclaimers and events beyond reasonable control
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” COMMUTERCART DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMMUTERCART DOES NOT WARRANT UNINTERRUPTED ACCESS, A PARTICULAR DRIVER OR SENDER, ERROR-FREE AUTOMATED OUTPUTS, DELIVERY BY A PARTICULAR TIME, OR THAT EVERY USER’S IDENTITY, CREDENTIALS, CONDUCT, VEHICLE, INSURANCE, OR ITEM WILL BE FREE FROM RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO PART OF THIS SECTION MAY NOT APPLY TO YOU.
Except for payment obligations already incurred and obligations that cannot lawfully be excused, CommuterCart is not responsible for delay or failure caused by events beyond its reasonable control, including severe weather, wildfire, flood, road closure, traffic emergency, collision, utility or communications failure, cyberattack, labor disruption, epidemic, civil unrest, war, government order, embargo, or acts or omissions of unaffiliated third parties. CommuterCart may suspend, reroute, return, or cancel affected services and will apply any refund right expressly stated in the applicable confirmation.
18. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMUTERCART AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, OR OPPORTUNITY; PERSONAL PROPERTY LOSS OUTSIDE SECTION 11; OR CONDUCT OF A DRIVER, SENDER, RECIPIENT, MERCHANT, OR OTHER THIRD PARTY. EXCEPT FOR SECTION 11 CLAIMS, COMMUTERCART’S AGGREGATE LIABILITY ARISING FROM THE PLATFORM WILL NOT EXCEED THE GREATER OF $100 OR THE PLATFORM FEES YOU PAID TO COMMUTERCART DURING THE SIX MONTHS BEFORE THE EVENT. THESE LIMITS DO NOT APPLY WHERE PROHIBITED OR TO LIABILITY THAT CANNOT LEGALLY BE LIMITED.
19. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless CommuterCart and its affiliates, officers, employees, and agents from third-party claims, losses, fines, penalties, and reasonable legal fees arising from your item, content, vehicle, conduct, breach of these Terms, violation of law or third-party rights, or performance or receipt of Delivery Services. This obligation does not apply to the extent a claim results from CommuterCart’s own negligence or willful misconduct where liability cannot lawfully be shifted.
20. Informal resolution, arbitration, and governing law
ARBITRATION NOTICE: Except for the stated exceptions, you and CommuterCart agree to individual binding arbitration and waive the right to have a judge or jury decide a dispute and to participate in a class, collective, coordinated, consolidated, mass, or representative action. Before filing, the claimant must send a written description of the dispute, supporting transaction or account information, requested relief, and contact information and allow 30 days for good-faith informal resolution. Send the notice through /support by selecting Legal Notice or mail it to the address in Section 22.
Unresolved U.S. disputes will be administered by the American Arbitration Association under its then-current Consumer Arbitration Rules for an individual consumer matter or Commercial Arbitration Rules for a business matter, available at adr.org, and governed by the Federal Arbitration Act. The arbitrator has authority to decide disputes concerning interpretation, scope, enforceability, and formation of this arbitration agreement, except a court decides the enforceability of the class, collective, coordinated, consolidated, mass, and representative-action waivers. The arbitrator may award the same individual remedies a court could award. Applicable rules govern filing and arbitrator fees, subject to nonwaivable law and any relief CommuterCart must provide to keep the agreement enforceable.
Exceptions are an eligible individual small-claims action, a request for public injunctive relief where it cannot lawfully be arbitrated, a claim to protect intellectual-property rights, or another claim that law prohibits from arbitration. Claims must proceed individually. When 25 or more substantially similar demands are submitted within 180 days by the same or coordinated counsel, the parties will confer and the AAA's applicable coordinated or mass-filing procedures and fee schedule govern; no claimant is required to abandon an individual claim or nonwaivable remedy.
You may opt out by sending a clear written notice through /support by selecting Arbitration Opt-Out or mailing it to Section 22 within 30 days after first accepting these Terms. State your name, account email or telephone number, and an unequivocal request to opt out; do not include sensitive documents. Opting out affects only arbitration and does not alter other Terms. This Section survives termination. If a claim is not subject to arbitration, exclusive venue lies in the state or federal courts located in Maine, and Maine law applies without regard to conflict-of-law rules, except where governing law requires otherwise.
21. Changes and general provisions
We may update these Terms to reflect changes in the Platform, law, or risk. Material changes will be communicated as required by law and will apply prospectively from the stated effective date. If you do not agree, you must stop using the Platform. Continued use after the effective date constitutes acceptance where permitted.
These Terms, the transaction confirmation, incorporated policies, and any signed business or Driver terms are the entire agreement on their subjects. For a specific delivery, the confirmation controls its mode, price, timing, item, route, payout, cancellation, guarantee, and other transaction-specific terms; a signed agreement controls the services it covers; and these Terms control otherwise. Electronic acceptance, notices, records, and signatures may be used and retained as permitted by law. CommuterCart may preserve the accepted document names, version dates or identifiers, acceptance timestamp, method, account, and an integrity value or archived copy sufficient to identify the text presented. A material update may require renewed acceptance before continued use. Legal notices to CommuterCart must use Section 22; notices to a user may be delivered to the account, email, telephone number, postal address, or Platform interface on file and are effective when sent or posted as law permits.
A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue. You may not assign these Terms without consent; CommuterCart may assign them in connection with a reorganization, financing, merger, sale, or transfer of the Platform. Except for an app store where Section 15B states otherwise, there are no third-party beneficiaries. Headings are for convenience only. Provisions that by nature should survive—including payment, taxes, confidentiality, privacy, intellectual property, claims, disclaimers, liability, indemnification, dispute resolution, and accrued obligations—survive termination.
21A. Maine consumer protection, electronic commerce, and business registration
For services offered in Maine, CommuterCart intends to operate consistently with the Maine Unfair Trade Practices Act, 5 M.R.S. chapter 10, including the prohibition in section 207 against unfair or deceptive acts or practices. Nothing in these Terms waives a nonwaivable consumer remedy under section 213 or other applicable law. Prices, material limitations, delivery modes, guarantee terms, renewal terms, and material data practices will be disclosed in a manner designed to avoid misleading Maine consumers.
Electronic records, clicks, confirmations, and signatures may be used under Maine’s Uniform Electronic Transactions Act, 10 M.R.S. chapter 1051. We will provide a reasonably accessible opportunity to review transaction terms before confirmation and retain records where law or the transaction requires. Consumers may withdraw consent to electronic records when a separately applicable law gives that right, subject to disclosed consequences.
CommuterCart will maintain the business registrations, assumed-name filings, registered-agent arrangements, annual reports, and other entity records required before conducting activities for which registration is required. A Platform listing is not an offer of a regulated service in a locality where required authorization has not been obtained.
21B. Maine Driver classification, insurance, and vehicle compliance
A Driver’s classification is determined by the actual relationship and applicable law, not by a label in these Terms. For Maine operations, CommuterCart will evaluate the common employment standard reflected in 26 M.R.S. §1043(11)(E) and 39-A M.R.S. §102(13), including direction and control, independently established business activity, opportunity for profit or loss, investment, nonexclusivity, responsibility for completion, contract rights, and method of payment. If a relationship is legally employment, CommuterCart will apply the wage-and-hour, unemployment, workers’ compensation, payroll, leave, and other obligations that follow; intentional misclassification is prohibited.
Every Maine Driver must maintain a valid license, registration, inspection where required, and financial responsibility meeting 29-A M.R.S. chapter 13, including sections 1601 and 1605, plus any higher commercial, cargo, platform, or contractual coverage required for the work. Maine Bureau of Insurance guidance warns that personal automobile policies commonly exclude deliveries for hire. Before accepting deliveries, a Driver must confirm with a licensed insurance professional that coverage applies to the Driver’s actual delivery activity and must provide updated proof when requested.
Drivers must comply with Maine traffic, distracted-driving, handheld-device, seat-belt, parking, loading, securement, vehicle-weight, commercial-vehicle, inspection, and crash-reporting requirements. Larger vehicles, hazardous materials, interstate trips, or regulated cargo may trigger state or federal motor-carrier, USDOT, commercial-license, medical-card, hours, or insurance requirements and may not be accepted through ordinary service until CommuterCart confirms the required operating authority.
21C. Maine food, pharmacy, alcohol, tobacco, cannabis, and regulated-item rules
A merchant remains responsible for its Maine licenses and for determining whether an item may lawfully be sold, released, transported, and delivered. CommuterCart may require written approval, a specialized workflow, trained Drivers, identity or age verification, temperature controls, chain-of-custody records, or proof of merchant authority before enabling a regulated category.
Food deliveries must comply with the Maine Food Code, 10-144 C.M.R. chapter 200, applicable Health Inspection Program rules, and merchant food-safety controls. Potentially hazardous or time-and-temperature-control food must remain protected from contamination and within required holding conditions. Drivers may not open sealed food, substitute products, or represent that an ordinary passenger vehicle provides refrigerated or sanitary transport unless approved equipment and procedures are in place.
Prescription drugs and pharmacy products remain prohibited unless CommuterCart and the dispensing pharmacy have approved a workflow consistent with Title 32, chapter 117, Maine Board of Pharmacy rules, patient confidentiality, authorized-person release, unopened packaging, proof of delivery, and any controlled-substance restrictions. CommuterCart does not dispense, counsel on, select, or alter medication. Medical specimens, biological materials, and controlled substances require separate legal and operational approval and are not ordinary Platform items.
Alcohol may be delivered only through a program specifically approved under Title 28-A and applicable Alcoholic Beverages and Lottery Operations rules, using properly licensed sellers and any legally required agents, records, age checks, delivery hours, and refusal procedures. A person making a legally authorized alcohol delivery and the receiving customer must satisfy applicable age requirements, and delivery must be refused when identity, age, sobriety, or lawful receipt cannot be confirmed.
Tobacco and nicotine products are prohibited unless a separately approved program complies with Title 22, including chapters 262-A and 263, applicable licensing, age verification, shipping, record, and delivery restrictions. Adult-use and medical cannabis and cannabis products are prohibited on the Platform unless Maine law expressly permits the specific activity and CommuterCart has created a separately licensed and approved program; ordinary Driver accounts are not authorized cannabis couriers. Firearms, hazardous materials, waste, fuel, and other specially regulated cargo remain prohibited without written approval and every required license, endorsement, manifest, training, and insurance.
21D. Maine payments, subscriptions, taxes, and insurance products
CommuterCart uses authorized payment and payout providers and structures payment flows to comply with the Maine Money Transmission Modernization Act, 32 M.R.S. chapter 79-A. We do not intend to engage in separately licensable money transmission outside an applicable license, authorized-agent relationship, processor exemption, or other statutory exclusion. Stored balances, gift obligations, uncashed payouts, refunds, and other abandoned property may be reported or remitted as required by the Maine Revised Unclaimed Property Act, Title 33, chapter 45.
A Maine consumer subscription or membership will be offered and renewed in accordance with 10 M.R.S. chapter 205-B where it applies, including clear automatic-renewal disclosure, affirmative agreement, acknowledgment, a lawful cancellation method, and advance renewal notice for an extended automatic subscription. Business subscriptions remain subject to their written order forms and any nonwaivable law. Cancellation of software does not cancel already accepted deliveries or earned transaction charges.
CommuterCart and participating merchants are each responsible for taxes assigned to them by law or contract. Maine sales, use, service-provider, marketplace-facilitator, income, payroll, and information-reporting treatment can depend on the product, merchant role, payment flow, software configuration, and delivery charge. We may collect exemption certificates, taxpayer information, and taxes that we determine are required under Title 36, and may change tax treatment prospectively in response to Maine Revenue Services guidance.
Shipment protection, cargo coverage, guarantees, or similar products will not be represented or sold as insurance unless supported by an authorized insurer and offered through persons and procedures permitted by the Maine Insurance Code, Title 24-A. A contractual claims limit or service guarantee is not insurance.
21E. Maine screening, nondiscrimination, and accessibility
When CommuterCart obtains a consumer report, driving report, or background report for a purpose governed by law, it will follow the federal Fair Credit Reporting Act and Maine Fair Credit Reporting Act, 10 M.R.S. chapter 209-B, including permissible purpose, required disclosure and authorization, pre-adverse and adverse-action notices, access to the reporting source, and dispute rights. Any consumer-report disclosure and authorization will be presented separately from these Terms. When required, CommuterCart will provide a copy of the report, a summary of rights, reporting-agency information, and a reasonable opportunity to dispute information before final adverse action. Maine restrictions on criminal-history inquiries, including 26 M.R.S. §600-A when applicable to employment, will be followed. Screening requirements for licensed health or pharmacy activities apply when those regulated roles are introduced.
CommuterCart prohibits unlawful discrimination and will operate Maine employment, contracting, account, and public-facing services consistently with the Maine Human Rights Act, 5 M.R.S. chapter 337, and other applicable civil-rights and accessibility laws. Safety, license, insurance, vehicle, item, service-area, and verification criteria must be applied for legitimate operational reasons rather than a protected characteristic. Reasonable accessibility requests may be submitted through /support by selecting Accessibility Request.
21F. Maine privacy, security, recordings, and communications
CommuterCart will maintain reasonable safeguards and a response process designed to satisfy Maine’s Notice of Risk to Personal Data Act, 10 M.R.S. chapter 210-B. If a qualifying security breach occurs, we will investigate and provide notices to affected Maine residents, the Maine Attorney General, consumer reporting agencies, or other recipients when and as that Act requires. Privacy rights and practices are further described in the CommuterCart Privacy Policy.
Users may not secretly record private conversations, use delivery cameras or photographs for unlawful surveillance, or invade private spaces. CommuterCart will provide notice and obtain consent for call or communication recording when required, consistent with Maine privacy law, including 17-A M.R.S. §511, and applicable federal law. Proof-of-delivery photographs must be limited to the item and authorized delivery area except when additional documentation is reasonably necessary for safety, claims, or law.
Marketing calls, automated calls, and telephone solicitations directed to Maine residents will be conducted in accordance with Title 10, chapter 225 and applicable federal calling and texting rules. Transactional delivery, account, safety, payment, and security messages are limited to the purposes for which contact information was provided. Users may not use Platform contact data for unrelated solicitation.
21G. Maine permits, local rules, and compliance gating
Maine statutes, agency rules, municipal ordinances, and license conditions can change and may vary by item, vehicle, merchant, and locality. Before launching a regulated category or materially different service, CommuterCart may require legal review, agency guidance, licenses, permits, insurance endorsements, written merchant procedures, Driver training, technical controls, and audit records. Features may be unavailable or restricted until those conditions are met.
Nothing in these Terms is a representation that every possible item, merchant, Driver, vehicle, or delivery is legally eligible. Users remain responsible for laws applicable to their own conduct, and CommuterCart remains responsible for obligations that law places directly on the Platform. Where Maine law grants a right that cannot be waived, that law controls over these Terms.
21H. Federal postal law and Private Express Statutes
CommuterCart is an independent local delivery platform, not the United States Postal Service, a post office, or an authorized USPS representative. The ordinary Platform is designed for merchandise, groceries, food, retail products, equipment, supplies, and other goods or parcels. It is not offered as a general service for the paid carriage of letters, correspondence, bills, statements, notices, addressed advertising, or other matter reserved to USPS under the federal Private Express Statutes.
Federal law generally reserves compensated carriage of letters over post routes to USPS. Relevant authorities include 39 U.S.C. §§601-606; 18 U.S.C. §§1693-1699; and 39 C.F.R. parts 310 and 320. Under 39 C.F.R. §310.1, a letter can include a message directed to a specific person or address and recorded on a tangible object. Addressed messages may remain letters when placed inside or delivered alongside merchandise under a selective or piggy-backed delivery plan. Calling an item a document, packet, envelope, parcel, same-day delivery, or CC Direct delivery does not determine its legal classification.
A Sender may include an invoice, receipt, packing list, use instruction, return document, shipping record, or similar paper only when it accompanies and relates in all substantial respects to the ordering, shipping, delivery, use, or contents of the cargo, as contemplated by 39 C.F.R. §310.3(a). An unaddressed advertisement may accompany merchandise only when it is incidental to merchandise that would have been shipped without the advertisement and otherwise satisfies 39 C.F.R. §320.7. Unrelated correspondence, individually addressed promotional material, account statements, legal notices, ballots, bills, greeting cards, and documents whose primary purpose is communication may not be hidden in or attached to a package to avoid postal restrictions.
Certain items are excluded from the regulatory definition of letter, and certain private carriage may qualify under a statutory exception or USPS suspension. Examples can include qualifying cargo-related papers; specified financial, title, court, newspaper, periodical, book, catalog, records-storage, printing, photographic-processing, public-dissemination, and computer-program materials; qualifying carriage before or after USPS mailing; a genuine special messenger engaged for a particular occasion within regulatory limits; properly postage-paid private carriage; a letter weighing at least 12½ ounces; carriage priced at least six times the then-current first-ounce single-piece First-Class Mail rate; or an extremely urgent letter satisfying every timing, loss-of-value, price, recordkeeping, and other condition in 39 C.F.R. §320.6. These categories are technical and fact-specific and are not automatically available through an ordinary booking.
A fast requested deadline, medical or legal importance, customer preference, or use of CC Direct does not by itself establish the extremely urgent suspension. No Sender or Driver may self-designate a letter as exempt, urgent, cargo-related, or postage-paid to bypass postal law. Before tendering any tangible addressed message as the primary item, the Sender must accurately disclose its nature and obtain written Platform approval. CommuterCart may require evidence of the applicable exclusion, exception, suspension, postage payment, USPS agreement, or advisory opinion; may route the item through USPS instead; and may refuse or cancel the request.
No Driver or user may place a CommuterCart item in, remove an item from, or use a USPS mailbox, Post Office Box, collection box, cluster box, or other receptacle reserved for postage-paid U.S. Mail. See 18 U.S.C. §1725 and applicable USPS standards. Deliveries must be made to a person, staffed receiving point, porch or other nonpostal location authorized by the Recipient, or another lawful location shown in the delivery instructions. Recipient consent does not authorize private use of a USPS mailbox.
Users may not collect, carry, redirect, open, conceal, delay, obstruct, destroy, or interfere with U.S. Mail; possess USPS keys or locks; imitate USPS marks, uniforms, vehicles, labels, or official status; or ask a Driver to retrieve mail from a mailbox. An item already accepted into the U.S. Mail remains subject to postal law and may be handled outside USPS only as law and USPS rules permit.
Consistent with 39 C.F.R. §310.4, CommuterCart and Drivers may ask reasonable classification questions and must stop carriage when the shipment form, sender, recipient, description, packaging, or other reasonably available information indicates prohibited private letter carriage. A Sender must cooperate with a lawful review and bears responsibility for accurate declarations. A violation may result in refusal, return, suspension, reporting, recovery of lost postage or other costs, and cooperation with USPS, the Postal Inspection Service, the Postal Regulatory Commission, or law enforcement. Federal law also permits postal searches, detention or seizure in specified circumstances and provides civil and criminal remedies; these Terms do not limit governmental authority.
Before CommuterCart launches any recurring document, interoffice correspondence, records, legal-process, financial-instrument, prescription-document, or similar delivery program, the program must receive legal and operational approval. When classification is uncertain, CommuterCart may seek an advisory opinion under 39 C.F.R. §310.6 or require the customer to obtain one. No marketing statement may describe CommuterCart as a replacement for First-Class Mail or imply authority to carry matter reserved to USPS.
22. Contact
Questions, delivery or cargo claims, safety reports, arbitration opt-outs, copyright notices, accessibility requests, and legal notices may be submitted through /support using the corresponding request type, or mailed to CommuterCart, 186 Main Street, Farmington, ME 04938, United States. Privacy rights requests and automated-decision appeals must use /privacy-request. Include your name, account contact information, delivery identifier when applicable, and a clear description of the request. Do not send original identity documents, payment credentials, or biometric samples through ordinary mail or messages.