SaaS Master Service Agreement

Last updated November 8, 2026

Summary: this is the main contract between your company and Ten10. It says Ten10 provides software, you own your data, each side keeps the other's information confidential, and it lists which other documents are part of the deal.

1. Parties and acceptance

This SaaS Master Service Agreement ("MSA") is between MXP Group LLC, doing business as Ten10 TMS ("Ten10") and the company that creates or uses a Ten10 account ("Customer"). It is accepted when an authorized person checks the acceptance box at signup or in the Ten10 dashboard, signs an order form, or uses the Service. The person accepting confirms they are at least 18 and authorized to bind the Customer.

2. Documents that make up the agreement

The agreement between Customer and Ten10 ("Agreement") is this MSA plus, as they apply to Customer: the Terms of Service, Subscription and Billing Terms, Acceptable Use Policy, Customer Data Ownership and Confidentiality Agreement, Data Processing Agreement, Information Security and Access Control Policy, Technology Provider / Non-Brokerage Operating Policy, Payment Processing Terms, API and Third-Party Integration Agreement, Intellectual Property License, and the membership terms for Customer's account type (carrier, broker or shipper). If documents conflict, this order controls: a signed order form, this MSA, the Data Ownership and Confidentiality Agreement, the DPA, the Subscription and Billing Terms (for fees), the Terms of Service, the membership terms, then the other documents.

3. The Service

Ten10 provides cloud transportation management software: the web dashboard, Ten10 Driver app, tracking and portal pages, the Ten10 Load Board, integrations and related features (the "Service"). Ten10 is a technology provider only, as described in the Non-Brokerage Operating Policy.

4. Customer Data and confidentiality

Customer owns its Customer Data. Ten10 processes it only to provide, secure and support the Service and as Customer instructs, never sells it, never uses it to compete with or disadvantage Customer, and keeps it confidential as set out in the Data Ownership and Confidentiality Agreement. Customer may export its data at any time, including after non-payment or cancellation.

5. Service levels and support

Ten10 uses commercially reasonable efforts to keep the Service available 24 hours a day, except planned maintenance (announced in advance when practical) and events outside its reasonable control. Support is available by email at hello@getten10.com and in the dashboard. Ten10 does not guarantee any specific uptime unless a signed order form says so.

6. Fees

Fees, trials, renewals and cancellations are governed by the Subscription and Billing Terms.

7. Warranties and disclaimers

Each party warrants it has authority to enter the Agreement. Ten10 warrants it will not knowingly introduce malicious code into the Service. Otherwise the Service is provided "as is" and "as available", and Ten10 disclaims all other warranties to the fullest extent allowed by law. Ten10 does not warrant the accuracy of third-party data (including FMCSA, insurance, ELD, fuel and map data), AI output, rate suggestions, or any document template. Templates are not a substitute for the advice of an attorney.

8. Limitation of liability

To the fullest extent allowed by law: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, lost profits, lost loads, cargo loss or damage, detention, fines or penalties; and (b) Ten10's total liability for all claims under the Agreement is limited to the fees Customer paid Ten10 in the 3 months before the event giving rise to the claim. These limits do not apply to a party's fraud or willful misconduct, or to Customer's payment obligations.

9. Indemnification

Customer will defend, indemnify and hold harmless Ten10, MXP Group LLC, and their owners, members, officers, employees, developers and contractors from claims arising out of Customer's freight operations, shipments, loads, carriers, drivers, brokers or shippers; Customer's agreements with others (including any agreement made from a Ten10 template); Customer Data; or Customer's breach of the Agreement or the law. Ten10 will defend Customer against a third-party claim that the Service, as provided by Ten10, infringes that party's US intellectual property rights, and pay resulting damages finally awarded, except for claims caused by Customer Data, third-party services, or use of the Service not allowed by the Agreement.

10. Term and termination

The Agreement runs while Customer has an account. Either party may end it as described in the Subscription and Billing Terms. Ten10 may suspend access immediately for non-payment, security threats, fraud or breach of the Acceptable Use Policy. On termination, Customer keeps the right to export its data as described in the Data Ownership and Confidentiality Agreement. Sections that by their nature should survive (data rights, confidentiality, disclaimers, limits of liability, indemnities, governing law) survive.

11. Independent parties; no agency

The parties are independent contractors. Ten10 is not Customer's agent, broker, carrier, forwarder, fiduciary, bank or insurance agent, and no partnership, joint venture or employment is created.

12. Assignment and change of name

Customer may not assign the Agreement without Ten10's written consent, except to a successor of its whole business. Ten10 may assign the Agreement to an affiliate or successor, including a company formed to own and operate Ten10 TMS (for example Ten10 TMS LLC); Ten10 will give notice, and the assignee will be bound by the same data and confidentiality commitments.

13. Governing law and disputes

The Agreement is governed by the laws of the State of Texas, without regard to conflict-of-law rules. Before filing any claim, a party will send written notice and the parties will try in good faith for 30 days to resolve it. Any lawsuit will be brought only in the state or federal courts located in Harris County, Texas.

JURY TRIAL AND CLASS ACTION WAIVER. TO THE EXTENT ALLOWED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY, AND AGREES THAT CLAIMS WILL BE BROUGHT ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. This waiver applies to every document in the Agreement, including the Terms of Service and membership terms.

14. Electronic signatures and notices

The parties agree to do business electronically. Clicking to accept, typing a name, or e-signing in Ten10 is a valid signature under the federal E-SIGN Act and the Texas Uniform Electronic Transactions Act, and Ten10 keeps a record of the acceptance (who, when, which version and from what IP address). Notices to Customer go to the account admin's email; notices to Ten10 go to hello@getten10.com and, for legal notices, by mail to MXP Group LLC dba Ten10 TMS, 1888 Brittmoore Rd #1447, Houston, TX 77043.

15. Changes

This section governs changes to every document in the Agreement. Ten10 may update these documents. Material changes are announced by email or in the Service at least 15 days before they take effect (price changes: 30 days, under the Subscription and Billing Terms), except changes required by law or to address security, which may take effect sooner. Changes apply only going forward: they never apply to a dispute that either party gave notice of before the change took effect. Continued use after the effective date is acceptance, and account admins are asked to accept updated versions in the dashboard; a Customer that doesn't agree may cancel before the change takes effect.

16. Sanctions and export

Customer represents that it is not located in, or owned or controlled by anyone in, a country or on a list subject to US sanctions (including OFAC lists), and will not use the Service in violation of US export or sanctions laws.

17. Entire agreement

The Agreement is the entire agreement on its subject and replaces earlier discussions. If any part is unenforceable, the rest stays in effect. A waiver must be in writing. Neither party is liable for delays caused by events beyond its reasonable control.