CargoX terms and conditions

1. CargoX Subscription service terms and conditions

By using the Subscription service of CargoX (hereinafter referred to as the “Subscription service”), you (“Subscriber”, “You”, “User”) are subscribing to CargoX’s Subscription services. You already have a contractual relationship with CargoX, having accepted the General Terms and Conditions as well as the Special Terms and Conditions (collectively referred to as the “General Agreement”) when entering CargoX’s platform. This Agreement, together with the General Agreement, governs your use of the Subscription service. If you are agreeing on behalf of an entity, you warrant that you have the authority to bind the entity to this Agreement; otherwise, you are not permitted to use the Subscription service.

This Agreement, along with the General Agreement, constitutes the entire agreement between You and CargoX, superseding any and all prior agreements with regard to the Subscription service or Your access to or use thereof under this Agreement.

1.1. Definitions

Administrator - A user with full permissions and rights within the company's CargoX account, responsible for managing subscription plans, billing information, user roles, and access to all features and settings.

Buy Subscription page - A dedicated page on the CargoX platform that presents available subscription plans, allowing users to subscribe to new plans or modify existing subscriptions.

My Paid features - A section within the "Plan overview" page on the CargoX platform that outlines the specific features and benefits included in a user's paid subscription plan.

Plan overview page - A dedicated page on the CargoX platform that provides users with an overview of their current subscription plan, including details such as plan type, user count, and billing information.

Plan downgrade - The process of switching a subscription to a lower tier with fewer features or shortening the subscription period.

Plan upgrade - The process of changing a subscription to a higher tier with additional features or extending the subscription period.

Prorated amount - A calculated portion of the full Subscription fee, adjusted according to the actual duration of service used or remaining within the Subscription period.

Renewal date - The date on which the Subscription plan automatically renews for the next Subscription period, as specified in this agreement.

Subscription fee - The recurring amount paid by the Subscriber to access the Subscription services, as specified in the Subscription plan.

Subscription licence - The right of an individual user to access the features provided in the Subscription plan for a Subscription period, as per the agreed pricing. Each user within a company must possess their own licence.

Subscription period - The duration for which the subscription plan remains active and the time frame during which CargoX calculates and invoices a Subscriber for the use of the Subscription service, as specified in this agreement.

Subscription plan - A structured offering that provides users within a registered company access to specific services or features for a defined period. It outlines the costs, duration, and included features, and applies uniformly to all users in the company.

Subscription service - A model in which customers pay a recurring fee in regular intervals to access additional features and services.

User - An individual with access to the CargoX platform who can utilise the features and services provided by the subscription plan based on their assigned role and permissions.

2. Subscription service and period

2.1. Subscription plans and renewal terms

Subject to the terms of this Agreement, you may subscribe to a subscription plan of your choice as detailed on Buy Subscriptions page. This Agreement will remain in effect for the duration of the selected Subscription period. The Subscription period will automatically renew for consecutive terms of the same duration under the conditions of this Agreement. You have the flexibility to upgrade or downgrade your Subscription plan at any time through your Plan overview page.

2.2. Subscription period

You can choose from different subscription plans with various subscription periods. You can schedule a change to a different subscription period, as described in 5.2. of this agreement.

2.3. No right to withdraw

You cannot invoke a right to withdraw from the Subscription during a Subscription period.

3. User policy

3.1. User

Users who are administrators within the company account have the option to view their plan under the Plan overview page in the settings. Within the Plan overview page, users can also see their My Paid Features. Only users with administrator permissions can change the Subscription plan. You may add users to your Subscription if it is included in your Subscription plan, which will indicate the number of users you are allowed to register. You are responsible for ensuring that all authorised users comply with the obligations outlined in this Agreement.

3.2. Subscription plan pricing

All Subscription licences must share the same Subscription plan.

Subscription licences are charged on a per-user basis, with each user within a company requiring an individual Subscription licence. One (1) Subscription licence equals one (1) user, and the total number of users cannot exceed the number of purchased Subscription licences. Removing a user from the system does not remove the corresponding Subscription licence, which expires at the end of Subscription period. New users may use the leftover Subscription licence.

3.3. Adding users

Administrators of the company may add users to their profile at any time. Each new user must belong to the company's Subscription plan.The payment will be a prorated amount based on the remaining Subscription period. Companies are billed instantly for a prorated amount when adding a new user. New users can be invited only after this payment is processed. The total number of purchased Subscription licences can be viewed in the Plan overview section.

3.4. Removing users

3.5. User notifications

CargoX will notify you about various features, services, and other important updates. These notifications include, but are not limited to, changes in Subscriptions, Subscription renewals, unsuccessful payments, and similar issues. Notifications will be sent via usual communication methods.

4. Subscriptions

4.1. Subscription plans

Subscription plans can be viewed in the Buy Subscription page. CargoX may modify these plans from time to time, and it is your responsibility to stay informed of these changes. You will be notified of any changes before they take effect, in accordance with these Terms and Conditions.

4.2. Changing a Subscription plan

4.2.1. Plan upgrade

You can upgrade your plan at any time during the Subscription period in the Plan overview page. Plan upgrades take effect instantly, and it will automatically start a new Subscription period.

4.2.2. Plan downgrade

You can initiate plan downgrade at any time during the Subscription period in the Plan overview page. The downgrade will only take effect at the end of the existing Subscription period. You have to schedule a downgrade at least one day before the renewal date. Any feature associated with the higher-tier Subscription plan that is not included in the lower-tier will be disabled accordingly when the Subscription plan downgrade takes effect.

4.2.3. Subscription termination

CargoX may immediately suspend or terminate your account according to conditions stated in Article 13 of the General Agreement.

CargoX reserves the right to stop your Subscription service at any time, provided a minimum notice period of fifteen (15) days is given, affecting the renewal of your Subscription service. Your current Subscription service will remain unaffected. This is without prejudice to CargoX’s right to terminate the Agreement for cause as outlined in Article 13 of the General Agreement.

You may terminate your Subscription plan at any time. At the end of the Subscription period, your company will be switched to the FREE plan.

4.2.4. Subscription modifications

You acknowledge that CargoX may modify the features and functionality of the Subscription services during the Subscription period. CargoX shall provide you with advance notice of any deprecation of any material feature or functionality. CargoX will not materially decrease the overall functionality of the Subscription services purchased by you during the Subscription period.

4.3. Adding users

Administrators of the company may add users to their company at any time. Each new user must be part of the company's Subscription plan. The payment will be a prorated amount based on the remaining Subscription period, billed instantly when the new user is added. If the payment is unsuccessful, the charge will be handled as follows: for monthly Subscription plans, the prorated amount will be included in the next billing period charge; for yearly Subscription plans, the outstanding amount must be settled within 15 days. The total number of purchased Subscription licenses can be viewed in the Plan Overview section.

4.4. Removing users

Administrators can deactivate or delete a user’s account within their company’s account. Deactivating an account suspends access while preserving the Subscription licence and user data for potential reactivation. Deleting an account permanently terminates the user’s Subscription licence and data. The Subscription licence then becomes available as an unused licence, which can be assigned to a new user added during the same billing period without incurring additional charges. If the unused licence remains unassigned by the end of the billing period, it will no longer be available, and the company will be billed only for the active users in the following billing period.

4.5. Company network

All companies within the company network must have the same Subscription package. The headquarters company is responsible for paying for all users of its subsidiary companies. When a company is accepted into the company network, it retains its existing Subscription until the end of its current billing period. After that, the subsidiary company inherits the Subscription package of the headquarters company and cannot renew or change its previous Subscription package.

5. Fees and payment

5.1. Subscription fee

Subscription services are subject to varying Subscription fees, which are listed on the Plan overview page. Payments are due and payable according to the chosen plan.

5.2. Payment method

Subscription service pricing is displayed and charged in either USD or EUR, depending on your company’s location. An invoice will be sent to the email billing address you provide.

You authorise us to charge the payment method associated with your account as per your subscription. If your payment is declined or becomes unavailable for payment of your Subscription fee, you will be notified. If the payment is still unsuccessful, we will restrict your Subscription services to the free plan and notify you about the restriction.

You explicitly give CargoX permission to try to settle the outstanding debt by any means necessary, e.g. by using another payment method, or other means.

5.3. Modification of the subscription fee

CargoX reserves the right to modify the applicable Subscription fees at any time for any valid reason, considering the business environment, technical evolution, adaptations to our business strategy, and other factors. Any changes to your Subscription fees will be communicated to you by written notice 30 days prior to taking effect.

5.4. No refunds

Paid fees are non-refundable.

6. No warranties and limitation of liability

6.1. No warranties

As the Subscription services are governed by the legal system of a civil law country, there is no need to express the usual “no warranties” provision. However, to make matters abundantly clear: CargoX makes no express or implied representations or warranties of any kind related to the Subscription services or the materials contained within them. Our sole responsibility shall be to use reasonable efforts to correct or replace any Subscription services that fail to function properly within a reasonable timeframe.

6.2. Limitation of liability

This Subscription service is provided by the copyright holders and contributors “as-is,” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, are disclaimed. In no event shall CargoX (including its officers, employees, and contractors) be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, the procurement of substitute goods or services; loss of use, data, or profits; or business interruption) howsoever caused and on whatsoever theory of liability, whether arising from fault or strict liability, in contract or tort, arising in any way whatsoever out of the use of this software, even if advised of the possibility of such damage. In cases where liability cannot be excluded, CargoX's liability is limited to the amount paid by the user to CargoX in the current year when the potential damage occurred.

7. Disclaimers

7.1. Responsibility and third-party dependencies

You acknowledge that you are responsible for your internet connections, infrastructure and other services necessary to utilise our Services. Online services are not guaranteed to be uninterrupted or error-free, as they rely on various services and factors beyond our control. Additionally, you recognize that our Subscription services depend on integrations and applications from third parties, which may be modified by these third parties, potentially causing certain errors.

8. Miscellaneous

8.1. Amendment of subscription terms and conditions

CargoX may modify these Subscription Terms and Conditions at any time, and you are expected to review them periodically to ensure that you understand the terms and conditions governing your use of the Subscription services. Unless otherwise specified, the amended Terms and Conditions shall take effect 30 days after publication on the CargoX website.

8.2. Severability

If any provision of these Subscription Terms and Conditions is found to be void, unenforceable, or invalid, such voidness, unenforceability, or invalidity shall not render the entire Subscription Terms and Conditions void, unenforceable, or invalid. Instead, the void, unenforceable, or invalid provision(s) shall be struck out, and the remaining provisions of these Subscription Terms and Conditions shall remain in full force and effect.

8.3. Precedence of Subscription Terms and conditions

Should any discrepancies or conflicts arise between these Subscription terms and conditions and/or General Terms and conditions of CargoX, the Subscription Terms and conditions of CargoX shall take precedence and govern the situation.

8.4. Intellectual property

CargoX owns all the intellectual property rights and materials contained in the Subscription services. You are granted a limited licence solely to view the material contained within the services.

8.5. Other provisions

If any use of service is not included in this Agreement, then the Terms of the General Agreement should apply, mutatis mutandis.

For any further information or questions regarding these Subscription Terms and Conditions, please check our FAQ section or contact our Customer Care department directly via the platform or by email at [email protected].