Website Terms of Use

These Terms of Use ("Terms") are a binding agreement between you and Flexport, Inc. and its subsidiaries and affiliates ("Flexport," "we," "us," or "our"). These Terms govern your access to and use of Flexport's websites and online interfaces, including flexport.com, tariffs.flexport.com, flexport.org, transmissionapp.com, and any related subdomains or websites operated by Flexport (the "Site"), our publicly available tools and content (including the Tariff Simulator), and any application programming interfaces made available without a separate signed agreement (collectively, "Services"). By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

These Terms apply globally to access and use of the website from any country. Certain jurisdictions provide mandatory rights that cannot be waived by contract; where those laws apply to you, these Terms will be interpreted to preserve those non-waivable rights. Additional region-specific terms may apply and, if there is a conflict with these Terms, the region-specific terms will control. These terms include important limitations of liabilities, a disclaimer of warranties, a class action waiver, and a jury trial waiver. You represent that you have read these Terms thoroughly.

1. Eligibility and Accounts

   You must be of legal age to form a binding contract to use the Services. If you create a user account, you must provide accurate information and maintain the security of your credentials. You are responsible for all activity under your account. Flexport may suspend or terminate access for suspected violation of these Terms or misuse. By creating an account or accessing any non-public or authenticated portion of the services, you affirmatively consent to these Terms (clickwrap/sign-in Wrap). For access to high-value tools or data, Flexport may require explicit assent prior to each access or update.

2. License and Ownership

   1. Subject to these Terms, Flexport grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services. Except for this limited license, Flexport and its licensors retain all right, title, and interest in and to the Services, including all software, databases, schemas, selection, coordination, and arrangement of data, designs, text, graphics, logos, workflows, compilation, and other content, and all related intellectual property rights. No rights are granted by implication or estoppel. The selection, coordination, curation, and arrangement of content within the services are protectable as a compilation irrespective of the origin of underlying facts.
   2. You may not copy, reproduce, modify, translate, create derivative works from, publicly display, publicly perform, transmit, broadcast, sell, license, rent, lease, sublicense, distribute, or otherwise exploit the Services or any portion thereof, except as expressly permitted by these Terms. Except as expressly permitted, no license is granted to use service outputs to create, improve, or operate any competing service, dataset, index, or model.
   3. Anti-Circumvention: You may not circumvent, remove, alter, deactivate, degrade, or thwart any digital rights management, encryption, security, or other technological measures protecting the services or Flexport Data, including but not limited to access controls on APIs and datasets.

3. Acceptable Use and Prohibited Conduct

   You agree not to, and not to allow any third party to:

   1. Access, search, or otherwise use any portion of the Services through automated means (including bots, spiders, crawlers, scrapers, data mining tools, or similar techniques), except in full compliance with any robots.txt or other technical or usage restrictions we implement, and only as expressly permitted by these Terms. For the avoidance of doubt, you will not rotate IP's, mask or spoof headers, distribute requests, or otherwise evade or attempt to evade rate limits or access controls.
   2. Scrape, harvest, extract, export, or otherwise collect data, content, metadata, schema, field names, internal identifiers, parameters, labels, logic, or compilation from the Services, including bulk or systematic extraction, whether manually or via automated means. You will not build, maintain, or publish any dataset, index, repository, or derivative work that reproduces or is derived from the services or Flexport Data.
   3. Use any data, outputs, or content from the Services to create, improve, or operate a product or service that is competitive with or substantially similar to the Services, including tariff or duty calculation tools, databases, or APIs, or to train or fine-tune any machine learning model. Competitors of Flexport and their agents are prohibited from using the services for monitoring, benchmarking, training, or competitive analysis without a separate written agreement signed by an authorized representative of Flexport.
   4. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, database structures, or underlying ideas from the Services, except to the limited extent permitted by applicable law notwithstanding this restriction.
   5. Bypass, circumvent, or attempt to bypass or circumvent any security, rate-limiting, authentication, or access control measures (including API keys, tokens, and IP throttles), or remove, alter, or obscure any copyright, attribution, or other proprietary notices. You will not access any non-public areas of the services or any systems, networks, or databases connected to the services without express authorization.
   6. Interfere with the operation of the Services, impose an unreasonable or disproportionate load on our infrastructure, or engage in activity that disrupts or degrades the Services.
   7. Upload, transmit, or use the Services for any unlawful purpose or in violation of applicable import, export, sanctions, customs, or trade laws, or in furtherance of fraud or evasion.
   8. Misrepresent your identity or affiliation, or falsely imply sponsorship or endorsement by Flexport.
   9. You will not publish or disclose benchmarks or performance tests or analyses of the services (including but not limited to availability, response times, throughput, error rates, or comparative analyses) without Flexport's prior written consent.
   10. Upon Flexport's written request following identification of misuse (including but not limited to scraping or bulk extraction), you will promptly delete any Flexport data or derivatives in your possession and certify deletion, except where retention is required by law.

4. API and Tool-Specific Terms

   Flexport may, in its discretion, make certain endpoints, tools, or datasets available (including the Tariff Simulator and any publicly accessible APIs). Use of Flexport APIs and other software is subject to the Software and Visibility Terms & Conditions and any specific disclaimers agreed in association with an endpoint, tool, or dataset. API keys are personal to you and may not be shared or used to proxy or aggregate requests on behalf of third parties. Flexport may require IP whitelisting and may revoke or rotate keys at any time. You will not rotate keys or accounts to evade limits.

5. Intellectual Property and Database Rights

   1. The Services include original and protectable elements such as human-authored labels and explanatory text, curated decision logic, schema and field naming, internal identifiers and parameters, and the selection, coordination, and arrangement of data. You acknowledge that these elements are proprietary to Flexport and may be protected by copyright, trade secret, and other laws in the United States and internationally. Where applicable, Flexport also claims rights under sui generis database rights and related regimes to prevent substantial extraction and reutilization of our database. The compilation right protects the curation and arrangement of content even where underlying facts are publicly available.
   2. If you provide suggestions, ideas, or feedback, you grant Flexport a perpetual, irrevocable, worldwide, royalty-free license to use and exploit them without restriction or compensation.
   3. From time to time, the Services may display industry indicators, estimates, snapshots, or other data provided by Flexport ("Flexport Data"). Unless you have a separate written license signed by Flexport, you may not copy, publish, modify, or redistribute Flexport Data. If Flexport expressly permits limited copying or republication, you must (a) not modify the Flexport Data, (b) include all original copyright, trademark, and proprietary notices, (c) provide clear attribution to "Flexport" with a prominent link to www.flexport.com, and (d) comply with any additional conditions we specify. You may not use Flexport Data to create or improve a competing product or service, to train or fine-tune any machine learning model, or in any manner that removes or obscures attribution or source information. Upon request, you will provide Flexport with reasonable information about any downstream recipients of Flexport data or derivative datasets.
   4. You acknowledge that any breach or threatened breach of this section or the acceptable use section will cause irreparable harm for which monetary damages are inadequate. Flexport may seek immediate injunctive relief, specific performance, and other equitable remedies without posting bond or proof of damages, in addition to any other remedy available at law or in equity. In any action to enforce such breaches, the prevailing party is entitled to reasonable attorneys fees and costs.

6. Data Inputs

   1. Customer Inputs. To the extent you submit, upload, post, transmit, or otherwise make available to the Services any data, text, content, files, or other materials, or we collect usage data and telemetry relating to your access to or use of the Services (collectively, "Customer Inputs"), you grant Flexport a non-exclusive, worldwide, royalty-free, fully paid license to access, use, host, reproduce, process, adapt, display, and create derivative works from Customer Inputs solely to operate, maintain, secure, support, and improve the Services, and to provide the Services to you and other users. Flexport does not acquire ownership of your confidential information.
   2. Anonymized/Aggregated Data. Flexport may create, use, disclose, and commercialize de-identified and/or aggregated data derived from Customer Inputs and your use of the Services ("Anonymized Data"), provided that Anonymized Data does not identify you or any individual. Flexport owns all rights, title, and interest in Anonymized Data. Anonymized Data is not your Confidential Information and will not include personal data or information reasonably capable of identifying an individual. Flexport will implement reasonable technical safeguards designed to prevent re-identification of Anonymized Data.
   3. Reference Data. "Reference Data" means information that by its nature is public or non-proprietary, including, without limitation, public carrier surcharges, publicly available rack rates, public service schedules, codes and code sets, and generic formats, templates, schemas, and structures that do not contain your pricing or other proprietary values. Reference Data is not Customer Inputs, and Flexport may collect, use, reproduce, modify, and distribute Reference Data for any lawful purpose without restriction.
   4. Nothing in this section diminishes obligations under the privacy policy or any separate confidentiality agreement between you and Flexport.

7. No Professional Advice, Client Relationship, or Reliance

   1. The Services, including any tools, dashboards, estimates, classifications, or calculations, are provided for general informational purposes only and are not legal, tax, accounting, customs, brokerage, or other professional advice, and do not create a broker–client, attorney–client, or other professional relationship between you and Flexport. Flexport does not provide professional services except under a separate written agreement that expressly states Flexport is providing those services to you.
   2. All information published by Flexport, including any interactive websites or data exchanges, the Tariff Simulator, news and blog updates, social media posts, and any duty, tariff, tax, or fee calculations or classifications provided by the Services are for informational and educational purposes only and are presented as estimates based on available data and assumptions. They do not constitute legal, tax, accounting, or customs advice and do not replace professional judgment by a qualified customs broker or other professional.
   3. You understand and agree that you will not rely on any information, estimate, calculation, classification, or other output from the Services as a substitute for your own professional judgment or for the advice of a qualified professional engaged by you. You are solely responsible for independently verifying all outputs and determining their suitability for your use before making operational, commercial, or compliance decisions. Without limiting the foregoing, Service outputs are not to be used as the basis for any customs filings, import/export declarations, license determinations, tariff classifications, valuations, origin determinations, or payments, unless you have separately engaged Flexport in writing to provide those services.
   4. You are solely responsible for the accuracy of any data you provide, for compliance with applicable laws and regulations (including those of U.S. Customs and Border Protection, BIS, OFAC, Census, and foreign authorities), for determining the correct tariff classification, valuation, origin, and applicable duties, taxes, and fees, and for making any required filings and payments. Flexport does not guarantee the availability, accuracy, completeness, or timeliness of any rates, tariffs, duties, fees, classifications, or regulatory content. You are responsible for independently verifying any outputs before making filings or operational decisions.
   5. Service outputs may be based on assumptions, third‑party data, and rules of general application that may be incomplete, incorrect, or out of date. Regulations and rates change frequently and without notice. Flexport has no obligation to monitor, update, or correct any content or outputs.
   6. You will not publish, redistribute, present, or disclose to any third party any benchmarking, output, performance tests, or analyses of the Services (including availability, response times, throughput, error rates, or comparative analyses) without Flexport's prior written consent. You may not present any Service outputs to third parties as legal, tax, customs, or other professional advice, or in a manner that suggests Flexport has provided advice to you or to any third party, absent a separate written agreement signed by Flexport.

8. Third-Party Content and Services

   The Services may reference or incorporate data or services from third parties. Flexport does not control and is not responsible for third-party content or services. Your use of third-party offerings may be subject to separate terms and privacy policies.

9. Export Control and Sanctions

   You represent that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive U.S. sanctions and are not a restricted party. You agree to comply with all applicable export control and sanctions laws and not to use the Services for or on behalf of prohibited end users or for prohibited end uses.

10. Changes to the Services and Terms

    We may modify the Services, and we may revise these Terms from time to time. We will post the updated Terms with a "Last Updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services. For material changes, Flexport may require re-consent through a clickwrap or sign-in-wrap.

11. Monitoring, Suspension, and Termination

    1. We may monitor access to and use of the Services (including by reviewing logs and telemetry) to operate and secure the Services, enforce these Terms, and comply with law. Flexport may throttle, rate-limit, block, or geo-block traffic; disable or revoke credentials; or otherwise implement technical measures to prevent or address violations or harm. If you use any Flexport APIs, you will retain complete and accurate records of your API usage for at least twelve (12) months, and Flexport may audit such usage (including API calls, keys, and related logs) on reasonable notice to verify compliance with these Terms and any applicable API terms. Upon notice, you will provide logs and reasonable cooperation to investigate suspected violations, including identifying any downstream recipients or exported or derived data.
    2. We may suspend or terminate access to the Services, in whole or in part, at any time and for any reason, including violation of these Terms or suspected misuse. Upon termination, your right to use the Services ceases immediately, and sections that by their nature should survive will survive, including but not limited to data inputs, anonymized data, API's and Tool-specific terms, acceptable use, intellectual property and database rights, Disclaimers, Indemnity, Limitations, Dispute Resolution, and General Terms. We may preserve logs and other records and disclose them as required by law or to enforce these Terms. Upon Flexport's request following termination (with or without cause), you will delete Flexport data and certify deletion, except where required by law.

12. Digital Millennium Copyright Act and Notice of Infringement

    If you believe your work has been used in a way that constitutes infringement, please notify our designated agent with the following information: (1) your physical or electronic signature; (2) identification of the work claimed to be infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) your contact information; (5) a statement that you have a good-faith belief that use of the material is not authorized; and (6) a statement that the information is accurate and, under penalty of perjury, that you are authorized to act. We may remove or disable access to material alleged to be infringing and may terminate repeat infringers. Counter-notifications may be submitted as permitted by law.

    Designated Agent: Legal Department, Flexport, Inc., 100 California Street, 5th Floor, San Francisco, CA 94111, legal@flexport.com, +1 (415) 231-5252

13. As-Is Services

    The Services are provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, Flexport disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment, and any warranties arising out of course of dealing or usage of trade. Flexport does not warrant that the Services will be uninterrupted, secure, accurate, or error-free, or that defects will be corrected. Estimates, calculations, and regulatory content may be incomplete, outdated, or inaccurate. Without limiting the foregoing, all routing timelines, schedules, rate or duty calculations, tariff classifications, and similar outputs are non‑binding estimates for planning purposes only and may differ materially from actual outcomes due to carrier performance, regulatory determinations, market conditions, data changes, and other factors outside Flexport's control.

14. Indemnification

    You will defend, indemnify, and hold harmless Flexport and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any laws or rights of a third party.

15. Limitation of Liability

    To the fullest extent permitted by law, Flexport and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business interruption, arising out of or related to your use of or inability to use the Services, even if advised of the possibility of such damages. To the fullest extent permitted by law, Flexport will not be liable for any losses or damages arising from your reliance (or any third party's reliance) on any information or outputs from the Services, including any decisions made or actions taken based on such information or outputs. Flexport's total liability for any claim arising out of or relating to the Services or these Terms will not exceed one hundred U.S. dollars (US$100) or the amount you paid (if any) to use the Services during the six months prior to the event giving rise to liability, whichever is greater. Some jurisdictions do not allow certain limitations; in such cases, our liability will be limited to the maximum extent permitted by law.

16. Dispute Resolution, Governing Law, and Venue

    1. Informal Resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@flexport.com. We will try to resolve the dispute informally within 60 days of the date you send the notice of claim or dispute.
    2. These Terms of Use shall be governed by and construed in accordance with the controlling laws of (i) the Netherlands, if Customer is domiciled in a country in Europe, or (ii) the United States of America and the State of California, if Customer is domiciled anywhere else, in each case excluding rules governing conflict of law and choice of law. The courts in Amsterdam, the Netherlands shall have exclusive jurisdiction to adjudicate any dispute arising out of these Terms of Use if Dutch law applies and the Federal and state courts within San Francisco, California shall have exclusive jurisdiction to adjudicate any dispute arising out of these Terms Terms of Use if the United States of America and the State of California laws apply. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) and the Uniform Computer Information Transaction Act or similar federal or state laws or regulations shall not apply to these Terms of Use nor to any dispute or transaction arising out of these Terms of Use. For equitable relief, either party may seek such relief in the courts identified above for the applicable governing law.
    3. Class Action Waiver. To the fullest extent permitted by law, you and Flexport agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general action or proceeding. Unless you and Flexport agree otherwise in writing, no court may consolidate or join more than one person's or party's claims or otherwise preside over any form of a representative or class proceeding.
    4. Jury Trial Waiver. To the fullest extent permitted by law, you and Flexport waive any right to a jury trial in any proceeding arising out of or related to these Terms or the Services.
    5. Equitable Relief. Nothing in this Section limits either party's ability to seek injunctive or other equitable relief in the state or federal courts located in San Francisco County, California or in any venue having jurisdiction to grant equitable relief.

17. Government Use

    The Services and related documentation are "Commercial Items" as defined at 48 C.F.R. §2.101. If acquired by or on behalf of a U.S. governmental entity, use is subject to these Terms.

18. International Use

    The Services are accessible globally. You are responsible for complying with local laws that apply to you, including customs, export/import, sanctions, data protection, consumer protection, and e-commerce requirements. Access to the Services may not be legal by certain persons or in certain countries, and Flexport may restrict or block access, features, or content as necessary to comply with applicable laws. Region-specific terms may apply and, where applicable, will supersede these terms to the extent of any conflict.

19. Notices

    We may provide notices by posting to the Site or by email to the address associated with your account. You consent to electronic communications. Legal notices to Flexport must be sent to: Flexport, Inc., Attn: Legal, 760 Market Street, 8th Floor, San Francisco, CA 94102, and to legal@flexport.com.

20. General Terms

    1. Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
    2. Waiver. Failure to enforce any provision is not a waiver of our right to do so later.
    3. Assignment. You may not assign or transfer these Terms without our prior written consent. Flexport may assign these Terms without restriction.
    4. Force Majeure. Flexport will not be liable for any delay or failure due to causes beyond its reasonable control, including acts of God, labor disputes, interruptions of Internet or communications, or government actions.
    5. Order of Precedence. In the event of a conflict between these Terms of Use and other Flexport terms or agreements, the following order of precedence shall govern:
       1. Any non-derogable mandatory law or signed agreement;
       2. Flexport Software and Visibility Terms & Conditions;
       3. These Terms of Use; and
       4. Other policies of general application, including help centers and policies published on the Internet or within Flexport applications.
    6. No Third-Party Beneficiaries. There are no third‑party beneficiaries to these Terms, and no third party may rely on the Services, any outputs, or these Terms for any purpose. You will not represent to any third party that Flexport has provided advice or made a determination on which that third party may rely.

21. Reporting Misuse; Contact

    To report suspected scraping, bulk extraction, security issues, or other misuse, contact security@flexport.com and legal@flexport.com. Please include as much detail as possible (e.g., dates, IPs, user agents, URLs). Flexport may issue technical blocks, notices, and preservation requests and will pursue contractual and other remedies.

22. Paid Services

    If you purchase or subscribe to any paid or professional services, such purchases may be subject to separate commercial terms, including Flexport's various terms and conditions available at www.flexport.com/terms. If you intend to use the Services for commercial purposes (including integrating outputs into your products or client deliverables), you must obtain a separate written license from Flexport. Absent such license, any commercial use is prohibited. Commercial use includes embedding outputs, bulk exports, or providing access to third parties. Professional services (including customs brokerage, classification opinions, binding ruling requests, or regulatory advocacy) are available only under a separate written agreement that expressly governs those services. Absent such an agreement, Flexport does not undertake any duty to you to provide professional services, to prepare or submit filings, or to ensure compliance.

23. Language; Translations

    These Terms are drafted in English. Any translations are provided for convenience only. In the event of any conflict between a translation and the English version, the English version controls, except where prohibited by applicable law.

24. Effective Date

    These Terms are effective as of the "Last Updated" date below.

    Last Updated: January 8, 2026