TERMS OF USE

1. Binding Agreement

These Terms of Use are a legally binding agreement between you and Movexpress LLC. To the extent any feature, technology, workflow, estimate functionality, automation, communications layer, or AI-enabled tool on the Site is provided or powered by Lodgy, you acknowledge and agree that Lodgy is an intended third-party beneficiary of these Terms and may enforce any provisions of these Terms that benefit, protect, or limit liability for Lodgy.

2. Eligibility; Authority

You may use the Site and Services only if you have legal capacity to enter into a binding agreement under applicable law. If you access or use the Site or Services on behalf of another person, household, company, landlord, building, or organization, you represent and warrant that you have full authority to bind that person or entity to these Terms.

You may not use the Site or Services if your access or use would violate applicable law, regulation, court order, or contractual restriction.

3. Nature of the Services

The Site and Services may include, without limitation:

• service information and quote request functionality;
• inventory intake tools;
• photo and video upload tools;
• AI-assisted object recognition, inventory recognition, or move-scoping functionality;
• estimate-generation and labor or truck-sizing suggestions;
• scheduling, intake, routing, support, and communication tools;
• content, forms, automated workflows, and operational interfaces.

The Site and Services are offered for convenience, operational efficiency, communication, customer intake, estimate support, and related commercial purposes. Access to the Site does not guarantee service availability, acceptance of any job, completion of any request, or eligibility for any particular product, pricing structure, crew assignment, timeline, or outcome.

4. Estimates, AI Outputs, and No Reliance

The Site may include AI-enabled or automated tools that analyze user-provided inputs, including photos, videos, descriptions, inventory data, logistical details, or other information, and generate estimated or suggested outputs, including item recognition, inventory lists, room classifications, service scope assumptions, truck recommendations, labor estimates, time estimates, or pricing-related information.

You acknowledge and agree that:

• automated and AI-generated outputs are inherently probabilistic and may be incomplete, inaccurate, inconsistent, or incorrect;
• object detection, inventory classification, quantity estimates, size estimates, labor assumptions, timing assumptions, truck-sizing assumptions, and pricing-related outputs may materially differ from real-world conditions;
• any output generated through the Site is informational only unless expressly confirmed by Movexpress in a separate written confirmation;
• no AI-generated or automated output constitutes a guaranteed, final, binding, or error-free quote;
• final service scope, timing, pricing, crew count, equipment requirements, and operational conditions may be adjusted based on actual circumstances, including access limitations, stairs, elevators, long carries, parking limitations, weather, traffic, undisclosed inventory, assembly or disassembly requirements, fragile or high-value items, heavy items, unsafe conditions, or other factors.

You use all estimate tools, AI-enabled features, and automated outputs at your own risk. To the fullest extent permitted by law, Movexpress and Lodgy disclaim all liability arising out of or relating to any reliance by you or any third party on preliminary, automated, estimated, suggested, or AI-generated information.

5. No Offer; No Guaranteed Booking

Nothing on the Site constitutes a binding offer to perform services at a stated price, time, or scope unless Movexpress expressly confirms such terms in writing. Submission of a form, use of a widget, upload of content, receipt of an estimate, display of pricing information, or communication through the Site does not by itself create a contract for services, reserve a date, or obligate Movexpress to perform any move, delivery, storage, packing, hauling, or related service.

Movexpress reserves the right, in its sole discretion, to accept, reject, condition, reschedule, modify, or cancel any request, booking inquiry, lead, or service opportunity.

6. Your Responsibilities; Accuracy of Information

You are solely responsible for ensuring that all information you provide through the Site or Services is accurate, current, complete, lawful, and not misleading. This includes, without limitation, all information relating to:

• origin and destination locations;
• move dates and timing;
• contact information;
• building access details;
• elevators, stairs, walk distance, and parking conditions;
• inventory type, quantity, dimensions, and weight;
• fragile, oversized, unusually valuable, or unusually heavy items;
• disassembly, reassembly, packing, unpacking, or special handling needs;
• restrictions imposed by buildings, landlords, HOAs, or local regulations.

You acknowledge that inaccurate, incomplete, or misleading information may result in revised pricing, delayed service, refusal of service, safety risks, property damage risk, or other operational impacts. Movexpress and Lodgy shall not be responsible for losses, costs, delays, or damages arising out of or relating to inaccurate, incomplete, or misleading information provided by you.

7. User Content; License

You retain ownership of your User Content, subject to the rights granted in these Terms. By uploading, submitting, sending, or otherwise making User Content available through the Site or Services, you grant to Movexpress and Lodgy a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, sublicensable right and license to host, store, cache, copy, reproduce, process, analyze, modify, adapt, display, transmit, distribute, create derivative works from, and otherwise use such User Content as reasonably necessary or useful to:

• operate, provide, maintain, support, secure, improve, debug, audit, and optimize the Site and Services;
• generate and refine estimates, service recommendations, intake summaries, and operational workflows;
• communicate with you and others at your direction or as necessary to provide Services;
• investigate fraud, abuse, security incidents, or violations of these Terms;
• develop, train, test, validate, benchmark, improve, and monitor software, machine-learning systems, AI models, automation systems, recognition systems, and related tools;
• maintain internal business records and legal compliance;
• enforce legal rights, contractual rights, and remedies.

You represent and warrant that you own or control all rights necessary to grant the foregoing license and that your User Content, and the use of it as contemplated by these Terms, will not infringe, misappropriate, violate, or otherwise conflict with any rights of any third party.

8. Feedback

If you provide ideas, suggestions, recommendations, bug reports, corrections, product requests, comments, or other feedback relating to the Site or Services, you agree that Movexpress and Lodgy may use, disclose, reproduce, commercialize, and otherwise exploit such feedback without restriction, attribution, or compensation to you.

9. Communications Consent

By submitting contact information or using the Site or Services, you consent to receive communications from Movexpress and, where operationally necessary, from Lodgy on behalf of Movexpress or in connection with the technology powering the Services, including communications by email, phone call, text message, push notification, or other means, regarding quotes, scheduling, service logistics, support, updates, follow-up, marketing where permitted by law, and other matters relating to the Site or Services.

You represent and warrant that any phone number or email address you provide belongs to you or that you are authorized to provide it and to receive communications at that number or address. Standard messaging and data rates may apply.

10. Prohibited Conduct

You may not, and may not permit any third party to:

• use the Site or Services for any unlawful, fraudulent, deceptive, abusive, harassing, defamatory, infringing, or harmful purpose;
• upload malicious code, malware, spyware, ransomware, viruses, or other harmful components;
• interfere with, disrupt, damage, disable, overburden, or impair the Site, Services, or related systems;
• access or attempt to access data, accounts, systems, models, prompts, APIs, logs, or infrastructure without authorization;
• scrape, crawl, index, data-mine, harvest, mirror, or copy the Site or Services, including estimate logic, model behavior, output patterns, user flows, page structure, data sets, or source material;
• reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive source code, model logic, algorithms, prompts, system architecture, or trade secrets;
• use the Site or Services to build, train, benchmark, improve, or support a competing product or service;
• circumvent any rate limits, access restrictions, technical controls, security features, or protective mechanisms;
• impersonate another person or misrepresent your identity, affiliation, authority, or purpose;
• use the Site or Services in a manner that could create liability for Movexpress, Lodgy, or their service providers.

11. Intellectual Property Rights

The Site and Services, and all content, software, code, design, text, graphics, layouts, user interfaces, workflows, estimate logic, compilations, databases, analytics structures, recognition systems, AI tools, outputs, visual elements, trade dress, trademarks, service marks, logos, and other materials made available through or embodied in the Site or Services, together with all related intellectual property rights, are owned by or licensed to Movexpress, Lodgy, or their respective licensors and are protected by intellectual property and unfair competition laws.

Except for the limited right to access and use the Site and Services in accordance with these Terms, no right, title, or interest in or to the Site or Services is transferred to you. All rights not expressly granted are reserved.

12. Limited License

Subject to your compliance with these Terms, Movexpress grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Site and Services solely for your internal, personal, or legitimate business purposes in connection with evaluating or requesting services from Movexpress. This license terminates automatically if you violate these Terms.

13. Third-Party Services and Dependencies

The Site or Services may depend on or interoperate with third-party platforms, carriers, cloud providers, analytics providers, communications providers, payment processors, mapping tools, device operating systems, hosting vendors, internet providers, and other third-party products or services. Movexpress and Lodgy do not control and are not responsible for third-party products or services, including their availability, accuracy, legality, content, policies, security, or performance.

14. Availability; Changes; Suspension

Movexpress and Lodgy may, at any time and without liability, modify, suspend, disable, discontinue, or restrict access to any part of the Site or Services, with or without notice. Features may be added, changed, removed, or reconfigured at any time. Neither Movexpress nor Lodgy is obligated to continue making any feature, tool, or functionality available.

15. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, SERVICES, ALL CONTENT, ALL ESTIMATE TOOLS, ALL AI-ENABLED FEATURES, AND ALL OUTPUTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

MOVEXPRESS, LODGY, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, RELIABILITY, QUALITY, COMPLETENESS, OR ERROR-FREE OPERATION.

WITHOUT LIMITING THE FOREGOING, NEITHER MOVEXPRESS NOR LODGY WARRANTS THAT:

• THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
• ANY ESTIMATE, AI OUTPUT, OR OPERATIONAL RECOMMENDATION WILL BE CORRECT, COMPLETE, OR FIT FOR USE;
• ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• DEFECTS WILL BE CORRECTED;
• THE SITE OR SERVICES WILL BE FREE OF HARMFUL COMPONENTS;
• ANY PARTICULAR RESULT, SAVINGS, TIMELINE, OR COMMERCIAL OUTCOME WILL BE ACHIEVED.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOVEXPRESS, LODGY, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF USE, COST OF SUBSTITUTE SERVICES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE SITE, SERVICES, ANY USER CONTENT, ANY ESTIMATE OUTPUT, ANY AI OUTPUT, ANY COMMUNICATIONS, ANY DELAY OR FAILURE OF PERFORMANCE, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF MOVEXPRESS, LODGY, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS OR THE AMOUNT, IF ANY, PAID BY YOU DIRECTLY TO MOVEXPRESS FOR THE SPECIFIC ONLINE SERVICE OR FEATURE GIVING RISE TO THE CLAIM IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17. Indemnification

You agree to defend, indemnify, and hold harmless Movexpress, Lodgy, and their respective affiliates, officers, directors, managers, employees, contractors, agents, licensors, service providers, successors, and assigns from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to:

• your access to or use of the Site or Services;
• your User Content;
• your violation of these Terms;
• your violation of any law or the rights of any third party;
• inaccurate, misleading, unlawful, or unauthorized information or materials submitted by you;
• your misuse of any estimate tool, output, communication tool, or AI-enabled functionality.

18. Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-laws principles.

19. Arbitration; Class Action Waiver

To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services shall be resolved exclusively by final and binding individual arbitration, except that either party may seek temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, data-security rights, or other proprietary rights.

YOU AND MOVEXPRESS AGREE THAT ANY PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

If any part of this arbitration or class action waiver provision is found unenforceable as to a particular claim or remedy, then that claim or remedy shall proceed in a court of competent jurisdiction located in California, and the remainder of this provision shall remain in full force to the fullest extent permitted by law.

20. California Injunctive and Small Claims Carve-Out

Nothing in these Terms prevents either party from bringing an eligible claim in small claims court or from seeking injunctive or equitable relief in court where necessary to protect intellectual property, confidential information, trade secrets, data, systems, or business operations.

21. Termination

Movexpress may suspend or terminate your access to the Site or Services, in whole or in part, at any time, with or without notice, for any reason or no reason, including if Movexpress believes that you have violated these Terms, created risk or liability, interfered with the Site, misused estimate tools, submitted unlawful or misleading content, or acted inconsistently with the spirit or purpose of the Site or Services.

Lodgy may likewise suspend, restrict, or terminate technology-enabled access or functionality relating to its systems, tools, or features where necessary to protect its systems, rights, security, legal position, or business operations.

22. No Waiver; Severability

No waiver by Movexpress or Lodgy of any term or condition shall be deemed a further or continuing waiver of such term or any other term. If any provision of these Terms is held unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

23. Assignment

You may not assign, transfer, delegate, or sublicense any rights or obligations under these Terms without prior written consent from Movexpress. Movexpress and Lodgy may assign or transfer their rights and obligations under these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, financing, sale of assets, restructuring, or operation by an affiliate or successor.

24. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference or presented in connection with a specific feature or transaction, constitute the entire agreement between you and Movexpress regarding the Site and Services and supersede all prior or contemporaneous communications, understandings, representations, or agreements relating to the subject matter.

25. Contact and Notices

Any notices or communications relating to the Site or Services may be provided by Movexpress through the Site, by email, by SMS, by operational communication, or by any other reasonable method. You consent to receive electronic notices where permitted by law.