Terms of Service

These Terms of Service (“Terms”) govern your use of the Fifth Wheel website at fifthwheelai.com, the broker app at broker.fifthwheelai.com, and Henry, our AI carrier line (together, the “Service”), operated by Fifth Wheel, Inc. (“we,” “our,” or “us”). By using the Service you agree to these Terms. If you don’t agree, don’t use the Service.

1. The Service

Henry is an AI voice agent that answers carrier calls about loads you add to Fifth Wheel. Each load gets a reference code. You put Henry’s shared phone number and the load’s reference code in your load-board post. When a carrier calls, Henry says he is an AI, describes the load, asks for the carrier’s MC number, checks it against public FMCSA data, negotiates up to the ceiling you set, and takes a callback number. The resulting offer, with a recording, transcript and fraud badge, appears on your board.

Fifth Wheel is an intake, screening and negotiation tool. It does not book freight, sign or send rate confirmations, execute contracts, or move loads for you. Offers captured by Henry are indications of carrier interest, not binding agreements. You call the carrier back and book through your own process.

2. Eligibility and accounts

The Service is for business use by freight brokers and their authorized staff. You must be at least 18 and able to form a binding contract. Keep your login secure, give accurate information, and tell us promptly about any unauthorized use. You are responsible for all activity under your account, including activity by people you invite to your account. Each person you invite gets their own login, up to your plan's limit (Solo 1, Team 5, Office 10). Logins are personal; don't share them.

3. Plans, the first load and top-ups

• First load. $9.99, one time, for one load. Once per account; it does not repeat.
• Plans. Solo ($149/month, 15 loads, 1 person), Team ($299/month, 40 loads, up to 5 people) and Office ($599/month, 100 loads, up to 10 people). Included loads are counted per billing month.
• Top-ups. 10 more loads for $99, available on any active plan.
• Calls per load. Each load includes up to twenty (20) carrier calls answered by Henry.
• Fair use. Plans are sized for about thirty (30) minutes of carrier calls per included load. We may flag, contact, or limit accounts whose use is well beyond that, or that use the Service in ways it isn’t designed for.
• Loads and plans are not transferable between accounts.

We may change prices for future billing periods. We will tell you before a price change affects your plan, and you can cancel before it takes effect.

4. Billing, cancellation and refunds

Billing. Payments are processed by Stripe. Plans are billed monthly in advance until you cancel. There is no contract, no annual plan and no setup fee. Your card details are handled by Stripe and never touch our servers. Prices are in US dollars.

Cancellation. You can cancel any time in Settings (through the Stripe billing portal). Cancellation stops future charges.

No refunds. Payments are non-refundable, including the first load, plan fees and top-ups. The $9.99 first load exists so you can see Henry work on a real load before you choose a plan. If a load is used up because of a clear failure on our side, email hello@fifthwheelai.com and we will look at restoring it.

5. Call recording and AI disclosure

Calls to Henry are recorded and transcribed so we can show you the offer, MC number and conversation. Henry identifies himself as an AI at the start of every call. Recordings and transcripts for your loads are shown only to your account.

You are responsible for complying with call-recording, consent and telemarketing laws that apply to you and your callers. By putting Henry’s number on your load posts, you confirm that using recorded, AI-answered carrier calls is lawful where you operate.

6. The fraud check

Henry checks each caller’s MC number against public FMCSA records and related signals, and labels each offer Clear, Review or Blocked. The check depends on public data that can be incomplete, out of date or wrong, and on what the caller says. A Clear badge is not a guarantee that a carrier is legitimate, insured or safe. You remain solely responsible for vetting carriers (including confirming authority and insurance and calling back on the FMCSA-listed number) before you tender freight.

7. Acceptable use

You agree not to:

• use the Service for anything illegal, or use recordings in a way that breaks the law;
• post loads you don’t have the right to broker, or give Henry false or misleading load information;
• use the Service to harass, defraud or deceive callers;
• interfere with the Service, try to gain unauthorized access, or probe our systems;
• access the Service by automated means without permission, or resell it without our written consent;
• reverse engineer any part of the Service.

8. Your data

You own the load details you enter and the records created for your account, including recordings and transcripts of calls about your loads (“Your Data”). You give us a limited license to store, process and display Your Data to provide the Service. Our Privacy Policy explains how we handle it.

9. No guarantee of calls or results

We don’t guarantee that any carrier will call, that any offer will be made, or that you will get any particular rate. Fifth Wheel is not a party to any transaction between you and a carrier or shipper.

10. Intellectual property

The Service and its content (other than Your Data) belong to Fifth Wheel, Inc. and are protected by intellectual property laws. Don’t use our names, logos or branding without written permission.

11. Third-party services

The Service relies on third parties, including Stripe (payments), Supabase (data infrastructure), Retell AI (voice infrastructure) and FMCSA public data. We are not responsible for third-party services beyond our obligations in our Privacy Policy.

12. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT EVERY CALL WILL BE ANSWERED OR ACCURATELY TRANSCRIBED, OR THAT FRAUD CHECK RESULTS WILL BE ACCURATE OR COMPLETE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIFTH WHEEL, INC. AND ITS DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA OR GOODWILL, BUSINESS INTERRUPTION, OR LOSSES FROM YOUR DEALINGS WITH ANY CARRIER OR SHIPPER (INCLUDING FRAUD BY A CARRIER). OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR $100, WHICHEVER IS GREATER.

14. Indemnification

You will indemnify and hold harmless Fifth Wheel, Inc. and its officers, directors, employees and agents from claims, damages, losses and expenses (including attorneys’ fees) arising from your use of the Service, your breach of these Terms (including call-recording compliance), your freight transactions, or Your Data.

15. Suspension and termination

We may suspend or close accounts that break these Terms, go well beyond fair use, or harm other users, callers, us or third parties. You can stop using the Service and cancel your plan at any time. Sections 6, 9, 12, 13 and 14 survive termination.

16. Changes to these Terms

We may update these Terms. We will post the new version here, update the effective date, and give notice of material changes in the app or by email. Using the Service after changes take effect means you accept them.

17. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Disputes will be resolved by binding arbitration under the rules of the American Arbitration Association, seated in Delaware. You waive any right to a class action or class-wide arbitration.

18. Severability and entire agreement

If any part of these Terms is unenforceable, it will be limited to the minimum extent necessary and the rest stays in effect. These Terms and our Privacy Policy are the entire agreement between you and Fifth Wheel, Inc. about the Service.

19. Contact

Fifth Wheel, Inc. · legal@fifthwheelai.com