Terms of Service

1. Acceptance of These Terms

These Terms of Service (the “Terms”) are an agreement between you and Rajan, an independent software developer doing business as Build With Rajan (“we”, “us”, or “our”). They apply to the website buildwithrajan.com, to our software products — including RateConHQ at rateconhq.com and app.rateconhq.com — and to hosted software deployments we operate for individual client companies (together, the “Services”).

By accessing the Services, creating an account, or subscribing, you agree to these Terms. If you are accepting on behalf of a company, you represent that you have authority to bind that company, and “you” refers to that company. If you do not agree to these Terms, do not use the Services.

2. Who May Use the Services

The Services are business tools intended for commercial use by companies and their authorized personnel. You must be at least 18 years old and able to form a binding contract to use them. The Services are not offered for personal, family, or household use, and are not directed at consumers.

3. The Services

The Services include:

• This website (buildwithrajan.com), which describes our custom software development work and products, and through which you can contact us or request a demo.
• RateConHQ, a transportation management system (TMS) for US freight brokers, offered as a flat-rate monthly subscription with unlimited users and unlimited shipments.
• Hosted deployments — TMS and related software instances we build, host, and operate for individual client companies (for example, tms.shmtransport.com), where these Terms apply unless a separate written agreement between us and that client says otherwise.

Where a separate written agreement (for example, a custom development scope or a service agreement) conflicts with these Terms, the separate agreement controls for its subject matter.

4. Accounts and Organizations

To use a product you must create an account, and accounts belong to a customer organization. You agree to:

• provide accurate, current information when registering and keep it up to date;
• keep credentials confidential and not share individual logins;
• notify us promptly at hello@buildwithrajan.com if you suspect unauthorized access to your account; and
• accept responsibility for all activity that occurs under your organization’s accounts, including activity by your employees, contractors, and other users you invite.

5. Subscriptions, Billing, and Cancellation

Paid products are sold as monthly subscriptions billed in advance through Stripe, our payment processor. Your card details are collected and stored by Stripe; they never touch our servers.

• Managed service plans. Website System, Growth System, and Growth + Automation begin with a 3-month build and optimization period. After that initial period, they continue month-to-month and may be canceled effective at the end of the current billing period.
• Software product subscriptions. Unless a separate written order says otherwise, you may cancel a software product subscription from within the product or by contacting us. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• No partial-month refunds. Fees already paid are non-refundable, including for partial billing periods, except where a refund is required by applicable law.
• Price changes. We may change subscription prices with at least 30 days’ notice, effective at your next billing period. If we have given you a written founding-rate or other price guarantee, we honor it on its stated terms.
• Failed payments. If a renewal payment fails and is not resolved within a reasonable time after notice, we may suspend or downgrade access until payment is made.

6. Your Data

Each customer organization owns the business data it enters into the Services — including shipments, carriers, customers, facilities, pricing, and documents such as rate confirmations and proofs of delivery (“Customer Data”). These Terms do not transfer any ownership of Customer Data to us.

You grant us a limited, non-exclusive license to host, store, process, transmit, and display Customer Data solely as needed to provide, secure, support, and improve the Services and to meet our legal obligations. Each organization’s data is kept logically isolated from other organizations’ data. How we handle personal information is described in our Privacy Policy.

You are responsible for the accuracy and lawfulness of the Customer Data you enter, including having the right to store your own customers’ and carriers’ information in the Services.

Customer Data and the software are separate. Your data is yours at all times and costs nothing to take with you. The software itself — source code, designs, and the underlying tooling — remains our intellectual property for as long as you are subscribed, which is what allows us to offer it with no build or setup fee. Your subscription grants you the right to use it, not ownership of it.

Buying the code. If you want ownership of the source code for a system we built for you — to host it yourself or to hand it to another developer — it is available for a separate one-time fee, quoted for your project based on the scope of what has been built. This is optional and is never required to leave: you can cancel and export all of your data at any time without buying anything. Any transfer of code ownership is made in a written agreement signed by both parties, and until that fee is paid in full no ownership of the software transfers to you.

7. Acceptable Use

You agree not to, and not to permit anyone using your accounts to:

• use the Services in violation of applicable law or regulation;
• attempt to probe, breach, or circumvent security or authentication measures, or to access another organization’s data or accounts;
• interfere with or disrupt the Services, including by overloading infrastructure or introducing malicious code;
• copy, scrape, reverse engineer, or create derivative works of the Services except as permitted by law;
• resell, sublicense, or provide the Services to third parties as a service bureau without our prior written agreement; or
• use the Services to send spam or otherwise abuse communication features.

Connected email accounts. If you connect your own Google or Microsoft email account to a TMS product, the Services use it only to send the emails you write or choose to send, from your address. You are responsible for the content and recipients of those emails, for complying with anti-spam laws such as CAN-SPAM, and for following Google’s and Microsoft’s own terms for your account. You can disconnect the account at any time. What we access and store when you connect an account, and how Google user data is limited, is described in Section 4 of our Privacy Policy.

We may suspend access immediately where we reasonably believe continued use presents a security risk or a violation of this section, and will restore it once the issue is resolved.

8. Availability and Disclaimers

We make reasonable efforts to keep the Services available, monitored, and backed up, but the Services are provided “as is” and “as available”. We do not guarantee uninterrupted or error-free operation, and scheduled maintenance or events outside our control may cause downtime.

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. The Services are tools that support your business; they do not replace your judgment. We are not responsible for freight or business outcomes, cargo loss or damage, carrier performance, missed loads, or decisions you make using information in the software. Data obtained from third-party sources (for example, public FMCSA records or map services) is provided without warranty of accuracy.

9. Limitation of Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Services is capped at the fees you paid us in the 12 months before the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

10. Termination and Data Export

You may stop using the Services and cancel your subscription at any time. We may terminate or suspend the Services for material breach of these Terms that remains uncured after reasonable notice, for non-payment, or if we discontinue a product — in which case we will give as much advance notice as reasonably practical.

For 30 days after termination of a paid subscription, you may request an export of your organization’s Customer Data in a commonly used format by contacting hello@buildwithrajan.com. After a reasonable period following that window, we may delete Customer Data from active systems, subject to routine backup cycles and legal retention obligations. Sections that by their nature should survive termination (including Sections 6, 8, 9, and 12) survive.

11. Changes to These Terms

We may update these Terms from time to time. For material changes we will give notice — by email to account holders, a notice in the product, or a prominent note on this page — at least 14 days before the changes take effect. Continued use of the Services after the effective date constitutes acceptance. The “Last updated” date above always reflects the current revision.

12. Governing Law

These Terms are governed by the laws of India, without regard to its conflict-of-laws rules, and the courts of India have exclusive jurisdiction over disputes arising from these Terms or the Services, except where applicable law provides otherwise.

13. Contact

Questions about these Terms can be sent to hello@buildwithrajan.com, or by phone for US customers at +1 (206) 944-6897. We reply to most messages within one business day.