Terms of Service

Acceptance of These Terms

By creating an account, requesting or performing a delivery, or otherwise accessing or using the Services, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not access or use the Services.

If you use the Services on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms, and “you” refers to both you and that entity.

Drivers are subject to the additional terms in Section 11 and to any separate driver agreement they accept during onboarding. Where a separate driver agreement conflicts with these Terms, the driver agreement governs to the extent of the conflict.

Definitions

In these Terms, the following words have the meanings given below:

• “Services” means the Courier King website, mobile applications, application programming interfaces and the delivery-arrangement services we make available through them.
• “Customer” means a person who uses the Services to request the transport of an Item.
• “Driver” means an independent contractor approved by Courier King to accept and perform Deliveries using the Driver’s own vehicle.
• “Delivery” means a single request to collect one or more Items from a pickup location and transport them to a drop-off location.
• “Item” means the goods described and photographed by a Customer in a Delivery request.
• “Quote” means the price for a Delivery presented to the Customer before the Customer confirms the request.
• “User Content” means any photographs, descriptions, notes, reports and other material that you submit through the Services.

Eligibility and Accounts

Age. You must be at least eighteen (18) years old and able to form a binding contract to use the Services. The Services are not directed to minors, and we do not knowingly permit minors to register.

Registration. To use most features you must create an account using a mobile telephone number that you own or are authorized to use, and verify that number by a one-time code sent by text message. You agree to provide accurate, current and complete information and to keep it up to date.

Account security. You are responsible for safeguarding your password and your mobile device, and for all activity that occurs under your account. You must notify us immediately through our Support page if you suspect unauthorized use of your account. We are not liable for any loss arising from your failure to protect your credentials.

One account. You may not create more than one account of each type, create an account on behalf of another person without authorization, or transfer your account to anyone else.

Service area. The Services are available only in the markets in which Courier King operates, which at the Effective Date is the Tampa, Florida metropolitan area. We may add, change or withdraw service areas at any time.

Nature of the Services

Technology platform. Courier King provides a technology platform that enables Customers to request the transport of Items and enables independent Drivers to accept and perform those requests. Courier King arranges transport; the transport itself is performed by Drivers operating their own vehicles.

Independent contractors. Drivers are independent contractors and are not employees, agents, joint venturers or partners of Courier King. Drivers decide whether and when to make themselves available, and whether to accept any particular Delivery.

No guarantee of availability. We do not guarantee that a Driver will be available to accept a request, or that a Delivery will be completed within any particular time. Estimated arrival and completion times are estimates only.

Screening. Before a Driver is approved, Courier King reviews the Driver’s application and documents and obtains a background check through a consumer reporting agency, as described in Section 11. Screening reduces, but cannot eliminate, risk, and Courier King does not warrant the conduct of any Driver or Customer.

Requesting a Delivery

Request details. When you request a Delivery you must provide accurate pickup and drop-off addresses, a truthful description of the Item, and at least one current photograph of the Item. You are responsible for the accuracy of everything you submit.

Automated size and weight estimates. The Services may use automated tools, including artificial-intelligence models, to estimate an Item’s dimensions and weight from the description and photographs you provide and to indicate whether the Item is likely to fit a Driver’s vehicle. These estimates are provided for convenience only, may be inaccurate, and do not relieve you of your obligation to describe the Item accurately.

Quotes and acceptance. Before you confirm a request, the Services will show you a Quote, which may include a base fare, distance and handling charges, surcharges and a payment processing fee. By confirming the request, you agree to pay the Quote and authorize the payment described in Section 6. A Delivery is accepted when a Driver claims it through the Services.

Additional charges. If a Driver determines on arrival that the Item materially differs from your description, or that additional assistance or handling is required, the Driver may propose an additional charge through the Services. No additional charge is made unless you approve it in the application. If you decline, the Driver may decline to load the Item, and Section 7.3 applies.

Proof of pickup and delivery. Drivers photograph the Item at pickup and at drop-off. These photographs, together with their time and location, form part of the Delivery record and may be used to resolve any dispute about the Item’s condition or delivery.

Prices, Payment and Authorization

Payment processor. All payments are processed by Stripe, Inc. (“Stripe”). By making a payment you also agree to Stripe’s applicable terms. Courier King does not receive or store your full card number or bank account credentials.

Authorization hold. When you confirm a Delivery, we place an authorization on your payment method for the amount of the Quote. The authorized amount is captured when the Delivery is completed, or as otherwise provided in Section 7.

Authorization to charge. You authorize Courier King, through Stripe, to charge your payment method for all amounts you approve, including the Quote, any approved additional charges, any gratuity you elect to add, and any cancellation or trip fee that applies under Section 7.

Gratuities. Gratuities are optional. Where you choose to add a gratuity, it is passed to the Driver in full.

Taxes. Prices are stated inclusive of any taxes that Courier King is required to collect, unless stated otherwise.

Pricing changes. We may change our prices at any time. Changes do not affect a Delivery for which you have already confirmed a Quote.

Payment disputes. If you believe you have been charged in error, please contact us through our Support page before disputing the charge with your card issuer, so that we can investigate and, where appropriate, issue a refund promptly.

Cancellations, No-Loads and Refunds

Before a Driver accepts. You may cancel a Delivery at no charge at any time before a Driver claims it. The authorization on your payment method is released.

After a Driver accepts. If you cancel after a Driver has claimed the Delivery, a cancellation fee applies. The amount of the fee is displayed in the application before you confirm the cancellation. The fee compensates the Driver for time and travel and covers payment processing costs that are not recoverable. The balance of the authorized amount is released or refunded.

No-load. A “no-load” occurs where a Driver arrives at the pickup location but cannot complete the pickup for a reason attributable to the Customer, including where the Item is not available, is materially different from its description or photographs, will not safely fit the Driver’s vehicle, is a prohibited item, or the pickup location is not accessible. In the event of a no-load, a trip fee is charged and paid to the Driver, and the balance is refunded.

Cancellation by Courier King or a Driver. If a Delivery is cancelled by Courier King or by a Driver for reasons not attributable to you, you will not be charged for that Delivery.

Refunds. Refunds are issued to the original payment method. Depending on your card issuer, a refund or released authorization may take five to ten business days to appear on your statement. Except as set out in this Section 7 or required by law, completed Deliveries are not refundable.

Prohibited and Restricted Items

You must not request the transport of, and Drivers may refuse to transport, any of the following:

1. hazardous materials, including explosives, flammable liquids or gases, corrosives, compressed gases, poisons, and any material regulated as hazardous under federal or state law;
2. firearms, ammunition, firearm components, or weapons of any kind;
3. illegal drugs, controlled substances, drug paraphernalia, or any item whose possession or transport is unlawful;
4. alcohol, tobacco, or cannabis products, except where expressly permitted by Courier King and by law;
5. cash, negotiable instruments, gift cards, precious metals, or loose gemstones;
6. live animals, or human or animal remains;
7. stolen property, or property you do not have the right to move;
8. items of extraordinary or sentimental value, including fine art, antiques, collectibles and jewelry, unless expressly agreed in writing with Courier King in advance;
9. perishable goods requiring temperature control;
10. any Item that cannot be loaded, secured and transported safely and lawfully in the Driver’s vehicle.

Courier King may update this list at any time. If you request transport of a prohibited item, the Delivery may be treated as a no-load under Section 7.3, and you are responsible for any resulting loss, damage, fine or liability.

Customer Obligations

As a Customer, you agree that you will:

1. own the Item or have the lawful authority to arrange its transport;
2. describe and photograph the Item accurately and disclose anything that affects its handling, including its fragility, weight and any special loading requirements;
3. prepare the Item for transport, including by securing loose parts, draining fluids, and packaging fragile goods appropriately;
4. ensure that the Item is available, and that the pickup and drop-off locations are safely accessible, at the agreed time;
5. arrange for a person to be present at pickup and drop-off where the Delivery requires it; and
6. treat Drivers with courtesy and respect, and comply with all applicable laws.

Loss, Damage and Claims

Reporting a problem. If an Item is lost, damaged or not delivered as expected, you must report it through the “Report a problem” feature in the application, or through our Support page, within forty-eight (48) hours of the scheduled or actual completion of the Delivery. Your report should include a description of the issue and any supporting photographs.

Investigation. We will review the Delivery record, including the pickup and drop-off photographs and any information provided by you and the Driver, and will respond within a reasonable time. We may request additional information.

Exclusions. Courier King is not responsible for loss of or damage to an Item that results from: inaccurate or incomplete description of the Item; inadequate packaging or preparation by the Customer; inherent defects, wear or pre-existing damage, including damage visible in the pickup photographs; prohibited items; or events beyond our reasonable control.

Limit. Subject to Section 18, and except where prohibited by law, Courier King’s total liability for loss of or damage to an Item in connection with any Delivery shall not exceed the amount you paid for that Delivery. If you require greater protection for a valuable Item, you should obtain your own insurance before requesting the Delivery.

Additional Terms for Drivers

Application and approval. To become a Driver you must submit an application, including your identity details, driver’s license, vehicle details and the documents requested by Courier King, which may include proof of insurance, vehicle registration, a driving record, vehicle photographs and an IRS Form W-9. Courier King may approve or decline any application in its discretion, subject to applicable law.

Background checks. With your separate written authorization, Courier King will obtain a consumer report and may obtain periodic updated reports about you from Checkr, Inc., a consumer reporting agency, in accordance with the federal Fair Credit Reporting Act and applicable state law. You will receive the disclosures and notices required by law, including before any adverse action is taken based on a report.

Independent contractor relationship. You perform Deliveries as an independent business. You control the manner and means of performing each Delivery, choose when to be online, and may accept or decline any Delivery. Nothing in these Terms creates an employment relationship. You are responsible for your own taxes, expenses, equipment and compliance with law.

Vehicle, license and insurance. You must hold a valid driver’s license, use only the vehicle registered with Courier King, keep that vehicle roadworthy, registered and insured as required by law and by Courier King, and promptly notify us of any change, lapse or suspension.

Payouts. Driver earnings are paid through Stripe Connect. You must create and maintain a Stripe account and agree to the Stripe Connected Account Agreement. Payout timing is subject to Stripe’s processes and to Courier King’s settlement schedule shown in the application.

Location. While you are online or performing a Delivery, the application collects your device’s precise location, including in the background, so that Deliveries can be offered and tracked. Location collection stops when you go offline.

Standards. You must handle Items with reasonable care, take accurate pickup and drop-off photographs, follow the Customer’s lawful instructions, obey traffic and safety laws, and not carry passengers or use the Services while impaired. Courier King may suspend or deactivate a Driver who breaches these Terms, receives substantiated complaints, or no longer meets our eligibility requirements.

Communications and Consent

Text messages. By providing your mobile number, you consent to receive text messages from Courier King relating to your account and your Deliveries, including verification codes and Delivery status updates. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe from non-essential messages, or HELP for help. Consent to receive marketing messages is not a condition of using the Services.

Push notifications and email. With your permission, we send push notifications to your device about your Deliveries. We send receipts and account notices by email. You may disable push notifications in your device settings.

Electronic communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Acceptable Use

You agree not to, and not to attempt to:

1. use the Services for any unlawful, fraudulent or harmful purpose;
2. harass, threaten, discriminate against or endanger any Driver, Customer or member of the public;
3. provide false information, impersonate any person, or misrepresent an Item;
4. arrange or perform Deliveries outside the Services in order to avoid fees payable through the Services, with a person you were introduced to through the Services;
5. access, scrape, probe or test the vulnerability of any part of the Services, or circumvent any security or access control;
6. interfere with or disrupt the integrity or performance of the Services;
7. copy, modify, reverse engineer or create derivative works of the Services, except as permitted by law; or
8. upload any material that is unlawful, infringing, or contains malicious code.

Intellectual Property

Our property. The Services, including all software, text, graphics, logos and the Courier King name and marks, are owned by or licensed to Courier King and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for their intended purpose.

Your content. You retain ownership of your User Content. You grant Courier King a worldwide, royalty-free license to use, store, reproduce and display your User Content as necessary to provide, operate, secure and improve the Services, to resolve disputes, and to comply with law.

Feedback. If you provide suggestions or feedback about the Services, we may use them without restriction or obligation to you.

Third-Party Services

The Services rely on and may link to services provided by third parties, including payment processing, background screening, mapping, messaging and application distribution. Your use of those services may be subject to the third party’s own terms and privacy policies. Courier King is not responsible for third-party services that it does not control.

Mobile Application Terms

These Terms apply to the Courier King mobile applications whether obtained from the Apple App Store or Google Play (each an “App Store”). You must also comply with the App Store’s applicable terms of use.

Apple. If you obtained an application from the Apple App Store, you acknowledge that: (a) these Terms are between you and Courier King only, and not with Apple Inc. (“Apple”); (b) Courier King, not Apple, is solely responsible for the application and its content; (c) Apple has no obligation to provide maintenance or support services for the application; (d) in the event of any failure of the application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any), and to the maximum extent permitted by law Apple has no other warranty obligation; (e) Apple is not responsible for addressing any claims relating to the application, including product liability claims, claims that the application fails to conform to legal or regulatory requirements, or consumer protection claims; (f) Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the application infringes intellectual property rights; (g) you represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and are not on any U.S. Government list of prohibited or restricted parties; and (h) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Courier King does not warrant that the Services will be uninterrupted, timely, secure or error-free, that any estimate (including any automated size, weight, fit, price or arrival estimate) will be accurate, or that any Driver or Customer will perform as expected. Courier King is not responsible for the acts or omissions of any Driver, Customer or other third party.

Limitation of Liability

To the maximum extent permitted by law, in no event will Courier King, its members, managers, officers, employees, agents, licensors or service providers be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or relating to these Terms or the Services, whether based on contract, tort (including negligence), strict liability or any other theory, even if advised of the possibility of such damages.

To the maximum extent permitted by law, Courier King’s total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) the amounts you paid to Courier King for the Delivery giving rise to the claim, and (b) one hundred U.S. dollars (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or death or personal injury caused by negligence.

Indemnification

You agree to defend, indemnify and hold harmless Courier King and its members, managers, officers, employees and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of any law or the rights of a third party; or (d) any Item you request to be transported, including any prohibited or misdescribed Item.

Dispute Resolution and Arbitration

Informal resolution. Before starting any formal proceeding, you and Courier King agree to try to resolve any dispute informally. You agree to contact us through our Support page with a written description of the dispute, and to allow thirty (30) days for us to attempt to resolve it.

Agreement to arbitrate. If a dispute is not resolved informally, you and Courier King agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved by final and binding individual arbitration, except as provided in Section 20.5. This agreement is governed by the Federal Arbitration Act.

Procedure. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, before a single arbitrator. Unless the parties agree otherwise, the arbitration will take place in Hillsborough County, Florida, or may be conducted by video conference or on written submissions. Payment of filing, administration and arbitrator fees will be governed by the AAA’s rules.

Class action waiver. You and Courier King agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may award relief only in favor of the individual party seeking relief.

Exceptions. Either party may bring an individual action in small claims court for a Dispute within that court’s jurisdiction, and either party may seek injunctive relief in court to protect its intellectual property rights.

Jury trial waiver. To the extent any Dispute proceeds in court rather than in arbitration, you and Courier King waive any right to a jury trial.

Right to opt out. You may opt out of this agreement to arbitrate by sending written notice through our Support page within thirty (30) days after you first accept these Terms. Your notice must include your name, the mobile number associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms.

Severability. If the class action waiver in Section 20.4 is found unenforceable as to any Dispute, then this Section 20 (other than Section 20.1) will not apply to that Dispute, which will instead be decided in court under Section 21.

Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and by applicable federal law. Subject to Section 20, the state and federal courts located in Hillsborough County, Florida have exclusive jurisdiction over any Dispute, and you and Courier King consent to the personal jurisdiction of those courts.

Suspension and Termination

You may stop using the Services and delete your account at any time from the Account screen of the application, subject to completion of any Delivery in progress. Deletion is described in our Privacy Policy.

We may suspend or terminate your access to the Services, with or without notice, if we reasonably believe that you have breached these Terms, created risk or possible legal exposure for Courier King, Drivers or Customers, or if required by law.

Sections 6 (as to amounts owed), 10, 14, and 17 through 24, and any other provision that by its nature should survive, will survive termination of these Terms.

Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms with a new “Last updated” date and, where appropriate, by notice in the application or by email. Changes take effect when posted, unless a later date is stated. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms. Changes will not apply retroactively, and will not apply to any Dispute of which we had actual notice before the change.

General Provisions

Entire agreement. These Terms, together with the Privacy Policy and any additional terms you accept for particular features, constitute the entire agreement between you and Courier King regarding the Services.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition or sale of assets.

Force majeure. We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including severe weather, natural disasters, acts of government, labor disputes, power or network failures, or failures of third-party service providers.

Headings. Section headings are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”

Contact Information

Questions about these Terms, and any notices under them, should be directed to: