1. Contractual Relationships

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User") and SUPERFORWARD, Inc. ("Marco") governing your access to and use of Marco’s applications, websites, content, products, and services (collectively, the "Services"). By accessing or using the Services, including placing an order for moving or logistics services, you agree to be bound by these Terms, including provisions related to property damage claims, liability limitations, and mandatory arbitration. If you do not agree to these Terms, you may not access or use the Services.

Marco reserves the right to modify these Terms at any time. We will notify you by revising the “Last Modified” date at the top of this document, posting a notice on our website’s homepage, and, where feasible, sending an email to the address associated with your Account. Your continued use of the Services after such notification constitutes your consent to the revised Terms. Orders placed before the effective date of changes will be governed by the prior Terms. Supplemental terms may apply to certain Services and will be disclosed in connection with those Services. Supplemental terms are part of these Terms and prevail in case of conflict for the applicable Services.

2. The Marco Platforms

The Services constitute a technology platform that enables you to arrange and schedule moving and/or logistics services with independent third-party providers of such services ("Third Party Providers"). Marco does not provide moving or logistics services or function as a moving carrier. The Services are a platform for you to request and schedule moving or logistics services with Third Party Providers. You acknowledge that Marco has no responsibility or liability for services provided by Third Party Providers, except as expressly set forth in these Terms, including the Damage Protection Policy (Section 5). Marco does not guarantee the suitability, safety, or ability of Third Party Providers, and their use is at your own risk and judgment. Marco will not participate in disputes between you and a Third Party Provider.

License: Subject to your compliance with these Terms, Marco grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services solely for their intended purposes, including requesting Services, viewing User Content, and accessing related materials, for personal, non-commercial use. Any rights not expressly granted are reserved by Marco.

Restrictions: You may not: (i) remove any copyright, trademark, or other proprietary notices; (ii) reproduce, modify, distribute, license, lease, sell, or otherwise exploit the Services without Marco’s express permission; (iii) decompile, reverse engineer, or disassemble the Services; (iv) link to, mirror, or frame any portion of the Services; (v) use scripts or programs for scraping, indexing, or data mining; or (vi) attempt unauthorized access to or impairment of the Services or related systems. Access must be through Marco’s provided interfaces.

Proprietary Material: All content on the Services, including text, graphics, data, designs, software, and other materials (collectively, “Proprietary Material”), excluding User Content, is owned by Marco or its licensors and protected by U.S. and international copyright, patent, and other proprietary laws. Neither these Terms nor your use of the Services grant you any rights in Proprietary Material beyond the limited license above.

3. Your Use of the Services

Account Requirements: To use most Services, you must be at least 18 years of age and register for an active customer account ("Account"). You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid payment method. You are responsible for all activity under your Account and must maintain the security of your username and password. You may only possess one Account unless permitted by Marco in writing.

Customer in Vehicle: The Services are designed as a scheduling platform. Marco prohibits customers from riding in vehicles with Third Party Providers. Any driver transporting a customer does so under their own personal insurance and liability, not as a Marco service. Such actions breach these Terms, and you proceed at your own risk.

User Content: You may submit, upload, or publish textual, audio, or visual content (“User Content”) through the Services. By providing User Content, you grant Marco a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, display, and exploit such content in any format or channel, including for Marco’s business or third-party services, without further notice or payment. You represent that you own or have all necessary rights to User Content and that it does not infringe any third-party rights or violate applicable laws. You agree not to provide User Content that is defamatory, libelous, hateful, obscene, or otherwise offensive, as determined by Marco. Marco may review, monitor, or remove User Content at its discretion without notice.

Communications: By creating an Account, you consent to receive communications from Marco, including SMS, emails, and push notifications, as part of normal business operations. Standard message and data rates may apply. You may opt out of non-essential communications (e.g., promotional emails) by emailing team@hellomarco.com. Opting out of essential communications, such as booking confirmations, may prevent you from receiving Services.

Promotional Offers: Marco may issue promotional offers or discounts redeemable for Account credit, subject to terms available at https://hellomarco.com. You agree that such offers: (i) must be used lawfully for their intended purpose; (ii) may not be duplicated, sold, or transferred; (iii) may be disabled or terminated by Marco at any time without liability; (iv) are subject to specific terms; and (v) are not valid for cash and may expire. Marco may withhold or deduct credits if their use is deemed erroneous, fraudulent, or in violation of these Terms.

Prohibited Conduct: You may not use the Services to engage in discrimination or harassment based on race, color, religion, age, sex, national origin, disability, sexual orientation, gender identity, or other protected characteristics. You may not solicit Third Party Providers directly to perform Services booked through Marco to avoid Charges, and doing so will render you ineligible for the Damage Protection Policy and liable for all applicable Charges, plus reasonable attorneys’ fees.

4. Payment and Charges

Use of the Services may result in payments for services received from Third Party Providers (“Charges”). Marco facilitates payment as a limited collection agent using your designated payment method. Charges are based on either: (i) prorated hourly pricing, subject to a minimum charge, where you pay for all time worked at the quoted rate; or (ii) fixed pricing, which is a binding estimate unless move details provided during booking are incomplete or inaccurate, requiring a revised agreement. Pricing details and minimum charges are available at https://hellomarco.com. Charges are non-refundable unless otherwise determined by Marco. You may cancel a request prior to the Third Party Provider’s arrival, subject to cancellation fees as outlined at https://hellomarco.com. Marco does not designate any portion of your payment as a tip or gratuity, though you may voluntarily provide gratuities to Third Party Providers. If your primary payment method is invalid, Marco may use a secondary method in your Account. Marco reserves the right to establish, revise, or remove Charges at its discretion. You are responsible for Charges incurred under your Account, regardless of your awareness of such Charges.

5. Damage Protection Policy

Marco is not liable for property damages caused by Third Party Providers, except as provided in this voluntary Damage Protection Policy.

Liability for Personal Property: If a Third Party Provider damages or loses your personal property, Marco’s liability is limited to $0.60 per pound per item, up to $2,000 for “Truck and Movers” services and $1,000 for “Movers Only” services.

Liability for Real Property: Marco may assume limited liability for significant damages to wood floors, handrails, walls, doors, drywall, or mailboxes, subject to the above limits. Marco will repair or replace only the local area damaged, not the entire structure. Minor damages (e.g., nicks, scratches, scuffs) are excluded.

Exclusions: The Damage Protection Policy does not cover:

• Pre-existing damages.
• Minor damages such as nicks, scratches, or scuffs.
• Particleboard, chip-core, or pressboard furniture.
• Natural materials like marble, slate, or stone.
• Repairs completed without Marco’s prior written consent.
• Electronics or appliances that fail to operate after shipping or reconnection.
• Televisions or monitors not properly boxed and protected.
• Items over 300 pounds or exceeding hallway, stairway, or doorway clearance.
• Non-inventoried items lost or stolen.
• Damages from assembly or attempted assembly of items.
• Appliance or electrical equipment installations/un-installations.
• Prohibited items (e.g., hazardous materials, explosives, perishables, stolen property).
• Damages to self-packed items or items loaded into your personal vehicle.
• Consequential or incidental damages, including lost profits or revenue.
• Damages from acts of God or circumstances beyond reasonable control.
• Items valued over $100 per pound unless identified on an inventory list submitted before the service date.
• Cash, checks, jewelry, firearms, or medical devices.

Filing Claims: You must file a claim within thirty (30) days of receiving Services (ninety (90) days in Texas) by emailing team@hellomarco.com with a completed claim form, including: (i) a description of damages; (ii) item weight(s); (iii) photos evidencing damages; (iv) move confirmation number and date; and (v) delivery receipts noting damage. All damages must be included in the initial claim; additional claims are waived. You must cooperate with Marco’s investigation within 30 days, or the claim may be denied. You must accept or reject settlement offers within 30 days, or the claim will be denied.

State-Specific Terms: See Appendix A for additional terms in certain jurisdictions, including Texas.

6. Disclaimer; Limitation of Liability; Indemnity

Disclaimer: The Services are provided “as is” and “as available.” Marco disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Marco makes no guarantees regarding the reliability, timeliness, quality, or availability of the Services or Third Party Providers. You assume all risks arising from your use of the Services, to the maximum extent permitted by law. Some jurisdictions do not allow certain warranty disclaimers, so these limitations may not apply to you.

Limitation of Liability: Marco’s total liability for all damages is limited to the amounts specified in the Damage Protection Policy ($1,000–$2,000 per order). Marco is not liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage, even if advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain damages, so these limitations may not apply, and Marco’s liability will be limited to the maximum extent permitted by law.

Indemnity: You agree to indemnify, defend, and hold Marco, its officers, directors, employees, and agents harmless from any claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising from: (i) your use of the Services; (ii) your breach of these Terms; (iii) your violation of third-party rights, including intellectual property or privacy rights; (iv) your violation of any law; or (v) your negligence or willful misconduct. This obligation survives termination of these Terms.

7. Dispute Resolution

Informal Resolution: You agree to attempt in good faith to resolve any dispute, claim, or controversy arising from these Terms or the Services (“Disputes”) through negotiation for sixty (60) days before pursuing arbitration. The negotiation period begins when you submit written notice of your Dispute to team@hellomarco.com.

Arbitration: If Disputes remain unresolved, they will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, except as modified herein. You and Marco waive the right to a jury trial or to participate in class actions. The arbitrator may not consolidate claims unless both parties agree in writing. If this arbitration provision is held unenforceable, this section is void and severable. Arbitration will be governed by the Federal Arbitration Act or, if inapplicable, Florida law. For claims under $75,000, Marco will cover AAA filing and administrative fees unless the arbitrator finds the claim frivolous. You may reject changes to this section by emailing team@hellomarco.com within 30 days of the change’s effective date. This section survives termination of these Terms.

Arbitration Process: To initiate arbitration, you must submit a Demand for Arbitration to the AAA as specified in its rules (available at www.adr.org). The arbitrator will be a retired judge or licensed attorney selected from AAA’s roster. If no agreement is reached within seven (7) days of the Demand, the AAA will appoint the arbitrator. Arbitration will be conducted in the county of your residence unless otherwise agreed.

8. Miscellaneous Provisions

Choice of Law: These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

Assignment: You may not assign these Terms without Marco’s prior written approval. Marco may assign these Terms without your consent to a subsidiary, affiliate, or successor. Any purported assignment in violation of this section is void.

Independent Contractor: No joint venture, partnership, employment, or agency relationship exists between you, Marco, or any Third Party Provider as a result of these Terms or your use of the Services.

Severability: If any provision of these Terms is held invalid or unenforceable, it will be reformed to the maximum extent permitted by law or severed, with remaining provisions remaining in full force.

No Waiver: No waiver of any provision constitutes a waiver of other provisions or a continuing waiver unless in writing and executed by the waiving party. Marco’s failure to enforce any right does not waive that right.

Complete Agreement: These Terms, including any referenced policies or supplemental terms, constitute the entire agreement between you and Marco, superseding all prior agreements.

Notice: Marco may provide notice via the Services, email to your Account’s email address, or mail to your provided address. Notices are effective 12 hours after email sending or 48 hours after mailing. You may provide notice to Marco via email to team@hellomarco.com or mail to [address, available upon request at support@hellomarco.com], effective upon receipt.

Contact Information: For questions, complaints, or concerns, contact Marco at team@hellomarco.com.

Appendix A: State-Specific Terms

Texas:

• Marco complies with Texas Department of Motor Vehicles (TxDMV) regulations, including providing notice of “Your Rights and Responsibilities When You Move in Texas” (available at www.txdmv.gov).
• Claims for damages must be filed within ninety (90) days of receiving Services. You may request mediation through the TxDMV within 35 days of a claim denial, a firm settlement offer, or if 90 days have elapsed without resolution. Contact the TxDMV at 1-888-368-4689 or www.txdmv.gov for assistance.
• All estimates are not to exceed $20,000 unless otherwise stated. You waive requirements for Marco to collect an inventory of items before Services.