Terms of Service
Last updated: September 24, 2026
1. Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of Kahala TMS, a transport management system platform (the “Service”) operated by The Trustee for the RLJ Family Trust trading as KahalaTMS, if you are located in Australia or New Zealand, or by Kahala Logistics LLC, doing business as KahalaTMS, if you are located in the United States or elsewhere (in either case, “Kahala TMS”, “we”, “us”, or “our”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity.
2. Description of Service
Kahala TMS provides software for managing freight orders, dispatch, invoicing, subcontractor payables, and related logistics operations, including optional integrations with third-party accounting platforms (such as Xero and QuickBooks) and payment processors. We may add, change, or discontinue features of the Service at any time, and will provide reasonable notice of material changes that reduce functionality you are actively using.
3. Eligibility & Account Registration
You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, and must notify us promptly of any unauthorized use.
4. Subscription Plans, Fees & Billing
Access to the Service is provided on a subscription basis, billed in advance on a monthly or annual cycle as selected at signup, processed securely through our payment provider, Stripe. Fees are exclusive of applicable taxes unless stated otherwise, and except where required by law or expressly stated in these Terms, fees are non-refundable.
We may change our pricing with at least 30 days’ notice; continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.
5. Free Trials & Promotional Codes
We may offer free trials or promotional access codes at our discretion. Unless otherwise stated, a trial or promotional account converts to a paid subscription at the end of the trial period unless cancelled beforehand. We reserve the right to modify or terminate trial or promotional offers at any time.
6. Customer Data & Data Ownership
As between you and us, you retain all rights to the data you upload or generate through the Service, including order, customer, driver, subcontractor, and invoicing data (“Customer Data”). You grant us a limited licence to host, process, and transmit Customer Data solely to provide and support the Service, including pushing invoice and payment data to accounting platforms you choose to connect.
You are responsible for the accuracy and legality of the Customer Data you submit, including ensuring you have the necessary rights and consents to provide any personal information of your customers, drivers, or subcontractors to us.
7. Acceptable Use
You agree not to: (a) use the Service for any unlawful purpose; (b) attempt to gain unauthorized access to the Service or its related systems; (c) interfere with or disrupt the integrity or performance of the Service; (d) reverse engineer or attempt to extract the source code of the Service, except where permitted by law; or (e) use the Service to store or transmit malicious code. We may suspend or terminate access for any account that we reasonably believe violates this section.
8. Third-Party Integrations
The Service allows you to connect third-party services, including accounting platforms (e.g. Xero, QuickBooks) and payment processors (e.g. Stripe). Your use of any connected third-party service is governed by that provider’s own terms and privacy policy, and we are not responsible for the availability, accuracy, or conduct of any third-party service.
You are responsible for maintaining your own accounts and authorisations with any third-party service you choose to connect.
9. Intellectual Property
The Service, including its software, design, and underlying technology, is owned by us or our licensors and is protected by intellectual property laws. Except for the limited rights expressly granted to you under these Terms, we reserve all right, title, and interest in the Service.
10. Confidentiality
Each party may have access to confidential information of the other party in connection with the Service. Each party agrees to use the other party’s confidential information solely to perform its obligations under these Terms and to protect it with the same degree of care it uses for its own confidential information, but no less than a reasonable degree of care.
11. Disclaimers & Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT AS REQUIRED BY LAW (INCLUDING ANY CONSUMER GUARANTEES THAT CANNOT LAWFULLY BE EXCLUDED).
We do not warrant that the Service will be uninterrupted or error-free, or that data pushed to a connected third-party platform will always be accepted or processed correctly by that platform.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service, your Customer Data, or your violation of these Terms.
14. Term, Suspension & Termination
These Terms remain in effect for as long as you use the Service. You may cancel your subscription at any time from your account settings. We may suspend or terminate your access if you breach these Terms, fail to pay applicable fees, or if we reasonably believe your use poses a risk to the Service or other users.
Upon termination, your right to access the Service ceases, though provisions of these Terms that by their nature should survive (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive termination.
15. Governing Law & Dispute Resolution
If you are contracting with The Trustee for the RLJ Family Trust trading as KahalaTMS, these Terms are governed by the laws of Australia, without regard to conflict of law principles, and the courts of Australia have exclusive jurisdiction over any dispute arising out of these Terms. If you are contracting with Kahala Logistics LLC, these Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles, and the courts of California have exclusive jurisdiction over any dispute arising out of these Terms.
16. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by email or an in-app notice, before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
17. Contact
Questions about these terms? Email us at legal@kahalatms.com and we’ll respond directly.