# Pelicargo Terms of Service

By accessing or using Pelicargo's Services, you legally accept, acknowledge, and agree to all terms stated herein.

Last updated: 26 January 2026

## 1. General

a) These terms and conditions ("Agreement" or "Terms") constitute a legal agreement between Pelicargo Inc. (a Delaware Corporation, “Pelicargo”, “we”, “us”) and the Customer (“you”, including beneficial cargo owners, third-party logistics companies, and any entity with an interest in air cargo for which rates have been obtained via the Services).

b) These Terms, together with the Privacy Policy available at [www.pelicargo.com/privacy](www.pelicargo.com/privacy) and any referenced agreements, form the whole Agreement. “User” refers to any user of the Services, including any Customer, Supplier, and anyone representing such entity.

c) By accessing or using the Services, you consent to these Terms and our Privacy Policy. These Terms supersede prior agreements regarding use of the Services.

d) Pelicargo may amend these Terms at any time by posting updated Terms or notifying you. Continued use of the Services after such changes constitutes acceptance.

e) If you do not agree with the revised Terms, you must stop using the Services. Our Services may evolve over time.

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## 2. Description and Scope of Services

a) Pelicargo provides a technology platform (the "Pelicargo Platform") for Customers to access air cargo capacity and rates from air carriers and General Sales Agents (“Suppliers”).

b) Pelicargo is NOT a carrier, freight forwarder, or indirect air carrier and does not physically ANY handle cargo.

c) All arrangements and bookings are between the Customer and Suppliers directly. Suppliers’ terms apply to bookings and shipments.

d) Pelicargo makes no warranties regarding ANY third-party services, accuracy of information, or suitability. Customers interact with Suppliers at solely their own risk.

e) Access to the Platform requires suitable internet and hardware/software on the Customer side. Pelicargo may update or further develop the Platform without notice.

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## 3. Registration as a Customer

a) Customers must register for a Pelicargo Account to use the Service, providing complete and timely information and a company email.

b) The Customer is responsible for all use/access to its Account. Misuse of credentials or provision of false information may result in revocation of access.

c) Users must be authorised to bind the Customer and are responsible for compliance with requirements, including any hazardous or special cargo.

d) Pelicargo may request proof of business operation (e.g. tax ID, commercial register data).

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## 4. Payment Terms and Subscription Payments

### 4.1 Credit and Pre-Payment Terms

a) New customers must pre-pay for their first five (5) bookings; payment must be received and confirmed before cargo is tendered to the airline.

b) If pre-payment is not received, Pelicargo may suspend or delay cargo delivery. Any resulting fees or charges are the customer's responsibility.

c) Upon successful completion of the initial five pre-paid bookings and full, timely payment, Pelicargo may, at its sole discretion, offer credit terms (e.g. net-7, net-15, net-30 days), subject to a credit limit and written confirmation.

d) Pelicargo reserves the right to review, change, suspend, or revoke credit terms at its discretion based on payment history or credit profile.

e) Late payments are subject to a 1% monthly interest (calculated daily), accruing from five days after the invoice due date until full payment is received.

### 4.2 Subscription Payments

a) Payment is to be made by automatic debit using a valid payment method on file (including ACH or credit card).

b) Invoices are issued on the last business day of the month prior to the service month (e.g. invoice for February service is issued 31st January) and are due on the last business day of the service month.

c) Subscription plans are charged for the full month, regardless of subscription start date. For example, if a customer subscribes on 3rd February, they are charged the full February monthly fee.

d) The agreed plan amount between customer and Pelicargo applies.

e) For subscription payments, monthly invoices are issued in advance, with payment due within the period stated on the invoice.

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## 5. Subscription Plan Changes and Cancellations

a) Plan changes may be requested at any time and will take effect from the following month.

b) Customers must provide two (2) months' written notice for cancellation, effective at the end of the second month from the notice (e.g., cancellation on 3rd February takes effect on 1st April; charges apply for February and March).

c) Cancellation requests are only valid if submitted via email to accounting@pelicargo.com or legal@pelicargo.com.

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## 6. Service and Platform Use

a) Customer agrees to use the Platform and Services in accordance with all laws and these Terms, including restrictions on unlawful, abusive, or fraudulent conduct.

b) Customer is solely responsible for all information and content input to the Service and any necessary compliance, especially for hazardous materials or temperature-controlled goods bookings.

c) No intellectual property rights are transferred to the Customer; usage is strictly as permitted under this Agreement.

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## 7. Intellectual Property Rights

a) Pelicargo owns all rights, title, and interest in the Platform and Services, including all intellectual property. No rights are granted except as expressly provided.

b) Customers may not reproduce, copy, or otherwise exploit any part of the Service except as expressly allowed in writing by Pelicargo.

c) Any feedback or suggestions provided to Pelicargo become its property.

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## 8. User Content and Privacy

a) Users are solely responsible for all User Content submitted through the Platform and must have all rights to such content.

b) Pelicargo may use, disclose, or anonymise User Content in accordance with its Privacy Policy and relevant law.

c) Pelicargo is not obliged to monitor or review User Content, nor is it responsible for the consequences thereof.

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## 9. Relationship with Pelicargo

a) Pelicargo is not a party to, nor responsible for, any Customer-Supplier or Supplier-Supplier relationship.

b) Suppliers act as independent contractors. Any contractual relationship is directly between Customer and Supplier.

c) Customer is responsible for determining the suitability of Suppliers and indemnifies Pelicargo for failures or losses arising from Supplier relationships or cargo.

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## 10. Links and Third-Party Content

a) The Platform may contain links to third-party websites and advertisements. Pelicargo is not responsible for these and Customer uses them at their own risk.

b) Third-party terms apply in such cases.

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## 11. Amendments, Service Changes, and Communications

a) Pelicargo may modify, suspend, or discontinue any aspect of the Service, pricing, or these Terms at any time. Notice will be given as set out herein.

b) All official communications and disclosures may be made electronically; by using the Services, Customer consents to such electronic communications, which are considered “in writing”.

c) Electronic notices are deemed delivered five (5) business days after being posted or sent.

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## 12. Release and Limitation of Liability

a) Customer releases Pelicargo, its affiliates, officers, and staff from all liability arising from interactions or disputes with other Customers or Suppliers, except for duties explicitly set out in this Agreement.

b) Pelicargo is not liable for any indirect, special, incidental, or consequential damages related to use of the Platform or the underlying air cargo arrangements.

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## 13. Indemnification

a) Customer agrees to indemnify Pelicargo against all claims, damages, and expenses arising from use or misuse of the Services, violation of these Terms, laws, or third-party rights.

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## 14. Agreement Term and Termination

a) Pelicargo may suspend or terminate Customer accounts at any time, without prior notice, for any reason.

b) Customer may terminate this Agreement by written notice. Termination is effective once all outstanding Services are concluded and payments made.

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## 15. Governing Law and Dispute Resolution

a) This Agreement is governed by the laws of the State of Delaware. Any disputes are subject to exclusive jurisdiction of Delaware courts.

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## 16. Survival

a) Any provisions that by nature should survive termination (e.g. limitation of liability, confidentiality, indemnification, IP rights) remain effective after termination.

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## 17. General Provisions

a) Severability: If any provision is found invalid or unenforceable, it shall be amended to achieve the intended effect, and the remainder remains in effect.

b) No waiver by Pelicargo of any breach shall be taken as a waiver of any subsequent breach.

c) Customer may not assign the Agreement without prior written consent. Pelicargo may assign without restriction.

d) The Terms are subject to change—posting the updated Terms constitutes notice. Continued use constitutes acceptance of such revisions.

e) Neither party is liable for force majeure events outside of their reasonable control.

f) Entire Agreement: These Terms and referenced policies constitute the complete understanding between the parties.

g) Conflicts: If another contract conflicts with these Terms, these Terms take precedence.

h) Customer warrants to use the Services in compliance with all applicable laws and regulations.