Effective Date: October 24, 2025
Governing Law: Delaware, United States
Contact: support@gophr.app | 1-833-467-4748
Mailing Address: 600 Ryan St, Suite 136, Lake Charles, Louisiana 70601
1. INTRODUCTION
These Terms of Service & Master Services Agreement (“Agreement”) govern your access to and use of the Gophr platform, applications, and related logistics services (“Platform”), whether as a business client, individual user, or independent contractor driver.
By accessing or using any Gophr service, you agree to be bound by these Terms. If you do not agree, you may not access or use the Platform.
This Agreement combines and supersedes all prior versions of the Gophr Terms of Service (“TOS”) and Master Services Agreement (“MSA”) and applies to all activities on the Gophr Platform, including but not limited to:
Placing and managing orders and deliveries,
Using the Gophr web dashboard, mobile app, or APIs,
Performing delivery services as an independent contractor (“Driver”), and
Entering into enterprise or commercial relationships with Gophr (“Customer”).
You represent and warrant that you are 18 years or older: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
2. DEFINITIONS
“Account” means a unique account created for you to access our Service or parts of our Service.
“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Application” refers to the Gophr mobile application distributed through app stores such as Apple App Store and Google Play.
“Company”, “Gophr”, “Gophr App”, “We”, “Us” or “Our” means Gophr App Inc., a Delaware corporation.
“Confidential Information” means non-public business or technical information disclosed by one party to another, including customer data and pricing information.
“Customer” means any individual or business entity using Gophr to book or manage deliveries.
“Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
“Driver” means an independent contractor engaged through the Platform to provide delivery services.
“Delivery Order” means a request placed through the Platform to pick up and deliver goods.
“Demurrage” refers to additional time-based charges for delays in loading, unloading, or waiting.
“Feedback” means suggestions, ideas, or comments you submit related to our Platform or Services.
“Force Majeure Event” has the meaning given in Section 14.
“Goods” refer to the items offered for sale on the Service.
“Orders” mean a request by You to purchase Goods from Us. You warrant that You are legally capable of entering into binding contracts.
“In-app Purchase” refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.
“Platform” means Gophr’s proprietary hosted software, web application, and mobile apps used to arrange deliveries.
“Services” means all delivery, dispatching, and logistics coordination provided through the Platform.
“Subscriptions” refer to the services or access to the Service offered on a subscription basis by the Company to You.
“Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
“Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
For the purposes of this Agreement:
3. RELATIONSHIP OF THE PARTIES
Gophr operates as a technology and logistics platform.
- Independent Contractors: Drivers are independent contractors, not employees of Gophr. Nothing in this Agreement creates an employment, agency, partnership, or joint venture relationship.
- Customer Relationship: Gophr contracts with Customers to provide logistics management, dispatch, and Platform access. Drivers are engaged separately to fulfill Delivery Orders.
- No Exclusivity: Both Customers and Drivers remain free to engage with other service providers.
4. SERVICES
4.1 Access to Platform
Gophr grants Customers a limited, revocable, non-exclusive, non-transferable right to use the Platform during the term of this Agreement solely to arrange delivery of goods. Certain features of the Platform may require a paid subscription. Subscription fees are billed in advance on a recurring basis (e.g., monthly or annually) according to the plan selected. Subscriptions automatically renew under the same terms unless cancelled by the Customer or Gophr prior to renewal.
Free Trial: Gophr may, at its discretion, offer a free trial for a limited period. Billing information may be required to activate a trial, but no charges will apply until the trial expires. Unless cancelled before the trial ends, the Customer will be automatically charged the applicable subscription fee. Gophr reserves the right to modify or discontinue any free-trial offer at any time without notice.
4.2 Delivery Orders
Each Delivery Order must be submitted through the Platform. All Delivery Orders are subject to availability of Drivers and operational feasibility.
4.3 Packaging & Readiness
Customers are responsible for preparing and packaging goods safely and in compliance with law.
4.4 Delivery Timing
Expedited orders are expected to be picked up within 60 minutes of confirmation but are not guaranteed unless otherwise stated.
4.5 Support & Communication
The dispatch line is reserved strictly for coordinating active deliveries between Gophr operations and drivers.
Customers should contact the Gophr Support Line for any questions, updates, or requested changes to existing orders.
- Support may assist with delivery status updates, destination or timing changes, or issue resolution.
- Some order modifications — including rerouting, additional stops, waiting time, or re-delivery — may result in additional fees as outlined in Section 5 (Fees and Demurrage).
- For urgent delivery concerns, Customers may reach Support by phone or email at the contact listed in this Agreement.
All communications may be logged for quality, training, and service verification purposes.
Gophr may, from time to time, update or modify features of the Platform. Any such changes will be communicated where materially impactful to Customers.
Gophr reserves the right to refuse or cancel Delivery Orders for any reason including suspected fraud, unavailability of Drivers, or violation of law.
All account inquiries or modifications must be submitted via authorized Customer representatives. Unauthorized use or sharing of login credentials may result in suspension.
Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify Gophr immediately of any unauthorized access.
5. FEES, DEMURRAGE, PAYMENT TERMS, TAXES, CANCELLATION, REFUNDS
5.1 Charges
Customer shall pay the amounts displayed or agreed upon within the Platform for each Delivery Order.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
5.2 Demurrage
If loading, unloading, or other causes beyond the Driver’s control delay a delivery by more than 30 minutes, demurrage shall apply at $90 per hour, billed in 15-minute increments.
5.3 Invoices & Payment Terms
Unless otherwise approved in writing, payment for all Orders is due upon delivery through a valid credit card or other authorized payment method linked to the Customer’s account.
From time to time, and at its sole discretion, Gophr may extend credit or invoice privileges to approved Customers. In such cases:
- Gophr invoices Customers per transaction upon completion or delivery unless otherwise agreed.
- Payment is due 30 days from receipt of invoice.
- Late payments accrue 1.5% per month until paid in full.
- Gophr may suspend access for delinquent accounts.
Gophr reserves the right to revoke or modify invoicing privileges at any time, without notice, and to require prepayment or immediate payment upon delivery for continued use of the Platform or Services.
5.4 Taxes
All fees exclude applicable sales or use taxes, which the Customer is responsible for.
5.5 Cancellations
Company Cancellation Rights
Gophr reserves the right to refuse or cancel any order placed through the Platform at any time for reasons including, but not limited to, product unavailability, inaccuracies in pricing or description, errors in order details, or suspected fraud, unauthorized, or illegal activity.
Customer Cancellation and Return Rights
Customers may cancel or return Goods only as permitted under this Agreement and Gophr’s Returns Policy, which is incorporated herein by reference. Please review the Returns Policy for detailed instructions.
Customers can cancel a delivery free of charge up to the time the order is claimed. If an order is claimed but not yet picked up 10% cancellation fee is applied. If the Driver is at pickup and the order gets canceled, 25% will apply. If an order is picked up and the Driver has to return it because it was canceled once en route, 50% of the total will apply.
Exceptions to Cancellation and Return Rights
Cancellation and return rights do not apply to:
- Goods made to Customer specifications or that are clearly personalized;
- Goods that are perishable, deteriorate rapidly, or have passed their expiration date;
- Goods that are not suitable for return for health or hygiene reasons and have been unsealed after delivery;
- Goods that, after delivery, are inseparably mixed with other items; or
- Digital content not supplied on a tangible medium once download or access has begun with the Customer’s prior consent and acknowledgment of the loss of cancellation rights.
5.6 Refunds
Refunds may be granted solely at Gophr’s discretion and only in cases of verified service error.
Gophr may modify pricing or fees with thirty (30) days’ written notice for ongoing or subscription services.
For subscription-based or prepaid services (if any), amounts paid are non-refundable except as required by applicable law.
6. CONFIDENTIALITY
Each party agrees to protect the other’s Confidential Information using the same care it applies to its own confidential data (but no less than reasonable care).
Confidential Information may be used only to perform obligations under this Agreement.
Exceptions apply to information that:
(a) is or becomes public without breach;
(b) was already known to the receiving party;
(c) is independently developed; or
(d) must be disclosed by law (with prompt notice to the other party).
Each party will handle personal data in accordance with applicable data privacy laws (including CCPA and GDPR, where applicable) and Gophr’s Privacy Policy.
7. INSURANCE REQUIREMENTS
7.1 Gophr Coverage
Gophr App Inc. maintains active insurance coverage, including:
- Commercial General Liability (CGL): $1,000,000 per occurrence / $2,000,000 aggregate.
- Automobile Liability: $1,000,000 combined single limit per accident.
- Umbrella / Excess Liability: $2,000,000 aggregate.
- Workers’ Compensation and Employers’ Liability: as required by law.
7.2 Driver Insurance Requirements
- Non-DOT Drivers: must maintain at least state-minimum automobile liability coverage.
- DOT-Registered Drivers: must maintain commercial general liability, cargo insurance, and auto coverage in compliance with federal and state DOT regulations.
8. CARGO CLAIMS AND LIABILITY
8.1 Responsibility
Gophr shall be liable only for direct loss or damage to goods while in the possession or control of Gophr or its contracted Drivers, subject to the limits below.
8.2 Claim Limits
Liability shall not exceed the manufacturer’s cost of the goods. Gophr is not liable for consequential damages, delay, or lost profits.
8.3 Claims Procedure
Claims must be filed within 30 days of delivery or expected delivery date. Each claim must identify the shipment, describe the damage or loss, and state the amount claimed.
8.4 Disclaimers of Warranties
THE PLATFORM AND RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain implied warranties, so some exclusions above may not apply to you. In such cases, the exclusions shall apply to the fullest extent permitted by law.
9. INDEMNIFICATION
- Gophr’s Duty: Gophr shall indemnify, defend, and hold harmless Customers from third-party claims arising from Gophr’s gross negligence, willful misconduct, or failure to comply with law.
- Customer’s Duty: Customer shall indemnify, defend, and hold harmless Gophr, its affiliates, and Drivers from claims arising from (a) improper packaging or loading; (b) violation of law; or (c) breach of this Agreement.
10. LIMITATION OF LIABILITY
In no event shall either party be liable for incidental, consequential, special, or punitive damages.
Gophr’s total liability for all claims in any 3-month period shall not exceed the total fees paid to Gophr in that period.
11. NON-SOLICITATION
During the term and for six months thereafter, Customer shall not directly or indirectly solicit or hire any Driver or contractor engaged through Gophr.
If Customer does hire such an individual, Customer agrees to pay a Finder’s Fee to Gophr:
- $4,500 if within 10 weeks of first service;
- $3,000 if 11–15 weeks;
- $1,500 if over 15 weeks.
12. PROPRIETARY RIGHTS
All rights in and to the Platform, software, and documentation remain with Gophr.
Customers and Drivers are granted no ownership interest or right to reverse engineer, modify, or replicate the Platform.
Any Feedback you submit grants Gophr a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and incorporate such Feedback into our products and services without obligation to you.
13. COMPLIANCE WITH LAWS
Each party will comply with all applicable federal, state, and local laws and regulations, including DOT and FMCSA requirements for transportation of goods.
You agree to comply with U.S. and international export control and sanctions laws and will not export, re-export, or provide access to the Platform contrary to such laws.
14. FORCE MAJEURE
Neither party shall be liable for failure to perform due to causes beyond its reasonable control, including natural disasters, strikes, acts of government, wars, or infrastructure outages.
The affected party shall notify the other as soon as practicable and resume performance when feasible.
15. TERMINATION
15.1 For Cause: Either party may terminate with 30 days’ notice for material breach not cured within 30 days.
15.2 For Convenience: Either party may terminate for any reason with 90 days’ written notice.
15.3 Survival: Sections 5 through 15 survive termination.
Gophr may suspend or terminate access immediately, without notice, for material breach, suspected fraud, or violation of law. Upon termination, all rights granted under this Agreement cease immediately, and Customer must cease use of the Platform.
16. GOVERNING LAW & DISPUTE RESOLUTION
This Agreement is governed by the laws of Delaware, without regard to conflict-of-law rules.
Venue for any dispute lies exclusively in the state or federal courts of Delaware.
The parties agree to attempt informal resolution of disputes by contacting Gophr before initiating any legal proceedings.
If a dispute cannot be resolved informally, it shall be submitted to binding arbitration under the AAA Commercial Arbitration Rules, unless otherwise mutually agreed.
17. MISCELLANEOUS
17.1 Severability: If any provision of this Agreement is found invalid, the remaining provisions will remain in full effect.
17.2 Waiver: Failure to enforce any right shall not constitute a waiver of such right.
17.3 Modifications: Gophr may amend these Terms with thirty (30) days’ notice. Continued use after notice constitutes acceptance.
17.4 Notices: Legal notices shall be deemed delivered when sent via registered mail or email to the addresses stated herein.
17.5 For European Union (EU) Users: If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
17.6 United States Federal Government End Use Provisions: If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
18. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior terms, contracts, or communications relating to its subject matter.