Terms of Service

By accessing or using the bytelane.ca website (the “Site”) or engaging Byte Lane Ltd. (“Byte Lane,” “we,” “our,” or “us”) to arrange freight transportation services, you (“Shipper,” “Carrier,” or “you”) agree to be bound by these Terms of Service. If you do not agree, do not use the Site or our services.

Il est de la volonté expresse des parties que ces modalités et conditions soient rédigées en anglais. It is the express wish of the parties that these Terms of Service be drawn up in English.

1. Nature of Services — Brokerage Only

Byte Lane operates exclusively as a federally and/or provincially licensed transportation broker. Byte Lane arranges freight transportation by connecting shippers with independent motor carriers. Byte Lane does not transport freight, operate motor vehicles, employ drivers, or assume the role of a motor carrier at any time.

All motor carriers arranged through Byte Lane are independent contractors. Byte Lane is not responsible for the acts, omissions, negligence, or conduct of any motor carrier, driver, or third party involved in the transportation of freight.

No joint venture, partnership, employment, or agency relationship exists between you, Byte Lane, or any third party as a result of these Terms or your use of the Site or services. Nothing in these Terms or in any communication from Byte Lane shall be construed to create an agency relationship between Byte Lane and any shipper, carrier, or other party.

2. License to Use the Site

Subject to your compliance with these Terms, Byte Lane grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license grant to access and use the Site for your own lawful purposes. This license does not include any right to resell or make commercial use of the Site or its contents. All rights not expressly granted are reserved by Byte Lane.

Restrictions

You may not, and may not authorize others to:

1. (a)reproduce, modify, distribute, license, sell, transfer, publicly display, or create derivative works from any portion of the Site or its content without our express written permission;
2. (b)decompile, disassemble, reverse engineer, or attempt to derive the source code or underlying technology of the Site;
3. (c)scrape, index, survey, or otherwise data mine any portion of the Site by automated means;
4. (d)link to, mirror, or frame any portion of the Site without our express written permission;
5. (e)attempt to gain unauthorized access to any part of the Site or its related systems or networks; or
6. (f)use the Site in any manner that could damage, disable, overburden, or impair its operation.

3. No Guarantee of Carrier Performance

Byte Lane's carrier onboarding process involves verification of publicly available safety and compliance records at the time of onboarding. This process does not constitute a guarantee, warranty, representation, or assurance of:

1. (a)any carrier's ongoing safety compliance or regulatory status;
2. (b)the safe operation of any carrier's vehicle or equipment;
3. (c)timely pickup or delivery;
4. (d)the physical condition or safe handling of freight in transit;
5. (e)any carrier's fitness for any particular shipment, commodity, or lane; or
6. (f)any carrier's financial solvency or ability to fulfill claims.

Compliance records are verified at the time of onboarding only. Byte Lane does not continuously monitor carrier compliance and makes no representation that any carrier's status at the time of a shipment matches their status at the time of onboarding.

4. Shipper Responsibilities

As a shipper using Byte Lane's services, you acknowledge and agree that:

1. (a)You are responsible for the accurate description of freight, including commodity, weight, dimensions, packaging, hazmat classification (if applicable), and any special handling requirements.
2. (b)Misdescription of freight that results in additional carrier costs, refused loads, fines, or penalties is solely your responsibility.
3. (c)You are responsible for ensuring freight is properly packaged, secured, and tendered in compliance with applicable regulations and carrier requirements.
4. (d)You are strongly advised to maintain your own shipper's cargo insurance. Carrier liability under applicable tariffs and legislation may be limited and may not fully cover the value of your goods. Byte Lane does not provide cargo insurance and is not responsible for cargo loss or damage.
5. (e)You are responsible for all customs brokerage, duties, taxes, and documentation required for cross-border shipments. Byte Lane arranges transportation only and does not provide customs brokerage services.
6. (f)Quoted rates are estimates based on information provided at the time of quoting. Rates are subject to change based on actual load details, fuel surcharges, accessorial charges, border delays, or other factors outside Byte Lane's control.

5. Carrier Responsibilities

Carriers using Byte Lane's services acknowledge and agree that:

1. (a)You are solely responsible for maintaining all required operating authority, insurance, and regulatory compliance at all times.
2. (b)You are solely responsible for the safe operation of your vehicles and the conduct of your drivers.
3. (c)Byte Lane's carrier agreement governs the specific terms of each load. These Terms of Service supplement but do not replace the executed carrier agreement.

6. Cargo Claims

Byte Lane is a transportation broker and is not liable for cargo loss, damage, delay, or theft. Cargo claims must be filed directly with the responsible motor carrier. The following timelines and requirements apply:

U.S. Domestic Shipments (Carmack Amendment — 49 U.S.C. § 14706)

• Written notice of loss or damage must be filed with the carrier within 9 months of the date of delivery or the date delivery was reasonably expected.
• Civil action against the carrier must be commenced within 2 years from the date the carrier provides written disallowance or denial of the claim.
• Required documentation: written claim notice, signed bill of lading, proof of delivery, photographs of damaged goods, and invoice or independent appraisal supporting the claimed value.

Canadian Domestic Shipments

• Claims must be filed in accordance with the applicable carrier tariff. Most Canadian carrier tariffs require written notice within 60 days of delivery for visible damage, and within 9 months for concealed damage or loss, though these periods vary by carrier and province. Shippers should review the applicable carrier's tariff for specific timelines.
• Required documentation: written claim notice, bill of lading, proof of delivery, photographs, and supporting evidence of value.

Cross-Border Shipments

• The U.S. portion of a cross-border move may be governed by the Carmack Amendment; the Canadian portion is governed by the applicable carrier tariff. Shippers should file claims with the responsible carrier identifying the applicable portion of the move.

Byte Lane will assist in facilitating communication between shippers and carriers regarding cargo claims but assumes no liability for the outcome of any claim. Byte Lane's assistance does not constitute an admission of liability or a waiver of any defense available to Byte Lane under these Terms.

7. Limitation of Liability

To the maximum extent permitted by applicable law:

1. (a)Byte Lane's total liability to any party arising out of or related to any single shipment or transaction shall not exceed the brokerage fee earned by Byte Lane on that shipment.
2. (b)Byte Lane shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of cargo, loss of revenue, loss of profit, business interruption, or reputational harm, regardless of whether Byte Lane was advised of the possibility of such damages.
3. (c)Byte Lane shall not be liable for delays, damage, theft, or loss of freight caused by the acts or omissions of any motor carrier, driver, customs authority, or force majeure event. For the purposes of these Terms, a "force majeure event" means any event beyond Byte Lane's reasonable control, including but not limited to acts of God, extreme weather, fire, flood, earthquake, pandemic, government actions or restrictions, labour disputes, port closures, border restrictions, or failure of third-party infrastructure.
4. (d)Byte Lane shall not be liable for any freight claim, cargo claim, or damage claim. Such claims must be filed directly with the responsible motor carrier under applicable carrier liability rules and the timelines set out in Section 6.

Nothing in this limitation of liability shall limit liability for fraud, willful misconduct, or gross negligence to the extent such limitation is not permitted under applicable law.

8. Indemnification

You agree to indemnify, defend, and hold harmless Byte Lane Ltd. and its officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

1. (a)your use of the Site or services;
2. (b)your breach of these Terms of Service;
3. (c)any misdescription or mis-tendering of freight;
4. (d)any claims by a motor carrier arising from your instructions or actions; or
5. (e)your violation of any applicable law or regulation.

9. Rates, Quotes, and Payment

1. (a)All rates and quotes provided by Byte Lane are estimates based on information available at the time of quoting. Final rates are confirmed in writing on a load-by-load basis.
2. (b)Quoted rates do not include customs duties, taxes, accessorial charges, detention, layover, lumper, or border crossing fees unless expressly stated.
3. (c)Payment terms are as specified in the applicable load confirmation or service agreement. Byte Lane reserves the right to suspend services for non-payment.
4. (d)No rate communicated verbally, by email, or through any preliminary or informal channel constitutes a binding commitment. All binding rates are confirmed exclusively in a written load confirmation signed or acknowledged by both parties.

10. Intellectual Property

All content on this Site — including text, graphics, logos, and software — is the property of Byte Lane Ltd. or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

DMCA — Notice of Copyright Infringement

Byte Lane respects intellectual property rights and responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and applicable international copyright law.

If you believe that content on the Site infringes your copyright, please submit a written notice to Byte Lane's designated copyright agent containing the following:

1. 1.Identification of the copyrighted work you claim has been infringed.
2. 2.Identification of the material on the Site that you claim is infringing, with sufficient detail to locate it (including the URL).
3. 3.Your contact information: name, mailing address, telephone number, and email address.
4. 4.A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or applicable law.
5. 5.A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
6. 6.Your physical or electronic signature.

Designated Copyright Agent:

Byte Lane will respond to valid DMCA notices by removing or disabling access to the allegedly infringing content and notifying the party who posted it. Counter-notices may be submitted in accordance with 17 U.S.C. § 512(g).

11. Disclaimer of Warranties

12. Governing Law and Dispute Resolution

Canadian Domestic Shipments and General Site Use

These Terms of Service, and any dispute arising from the use of the Site or from Canadian domestic freight services arranged by Byte Lane, are governed by the laws of the Province of Alberta and the applicable laws of Canada, without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the courts of the Province of Alberta for the resolution of any such disputes.

U.S. Domestic Shipments

Disputes arising from freight services arranged by Byte Lane for U.S. domestic shipments — meaning shipments where both the origin and destination are located within the United States — shall be governed by applicable U.S. federal law, including the Carmack Amendment (49 U.S.C. § 14706) where applicable, and the laws of the U.S. state in which the load originated. The parties consent to the jurisdiction of the applicable U.S. federal or state courts for resolution of such disputes.

Cross-Border Shipments

For shipments moving between Canada and the United States, the Canadian portion of the move is governed by applicable Canadian federal and provincial law; the U.S. portion is governed by applicable U.S. federal law. Disputes relating to cross-border shipments that cannot be resolved by good-faith negotiation shall be submitted to binding arbitration under the rules of a mutually agreed arbitration body, with proceedings conducted in English.

General Dispute Resolution

Prior to initiating any legal proceeding, the parties agree to attempt good-faith negotiation for a period of no less than 30 days from the date written notice of the dispute is delivered to the other party.

13. Notice

Byte Lane may provide notice to you by email to the address provided in your inquiry or engagement, by posting a notice on the Site, or by written communication sent by first class mail to your address on record. Notice shall be deemed given 48 hours after mailing or 12 hours after sending by email. You may provide notice to Byte Lane at any time by email to info@bytelane.ca or by first class mail to Byte Lane Ltd., Edmonton, Alberta, Canada.

14. General Provisions

Severability. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or struck if modification is not possible, and the remaining provisions shall continue in full force and effect.

Waiver. Byte Lane's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be acknowledged in writing by Byte Lane to be effective.

Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without Byte Lane's prior written consent. Byte Lane may assign these Terms without your consent in connection with a merger, acquisition, reorganization, sale of all or substantially all of its assets, or transfer to a subsidiary or affiliate. Any purported assignment in violation of this section is void.

Entire Agreement. These Terms, together with any executed load confirmation or carrier agreement, constitute the entire agreement between you and Byte Lane with respect to your use of the Site and services, and supersede all prior agreements and understandings on that subject.

15. Changes to These Terms

Byte Lane reserves the right to update these Terms of Service at any time. The “Last updated” date at the top of this page reflects the most recent revision. Continued use of the Site or our services following any changes constitutes acceptance of the revised Terms.

16. Electronic Acceptance

By checking a consent checkbox on any Byte Lane form, or by accessing or using the Site, you acknowledge that your acceptance constitutes a valid and binding electronic agreement under the Electronic Transactions Act (Alberta), SA 2001, c E-5.5, and has the same legal effect as a written signature. You confirm that you have the authority to enter into this agreement on behalf of yourself or the organization you represent.

17. Contact

Questions about these Terms should be directed to: