General terms and conditions 4.0

1. Agreement

1.1. CargoX Services (hereinafter also “Services” or “CargoX Services”) are offered by the CargoX d.o.o. (CARGOX, poslovne rešitve in svetovanje d.o.o.), CargoX Ltd. (CargoX, blockchain solutions Ltd.), registered in the Republic of Slovenia, European Union, under the reg. number 8160309000.

1.2. By using CargoX Services, you enter into a contractual relationship with CargoX. These General Terms and Conditions (hereinafter referred to as “GT&C”), together with any applicable legal notices and disclaimers included within the Services, as well as the Special Terms and Conditions (hereinafter referred to as “ST&C”), where applicable, constitute the entire agreement between you and CargoX governing your use of the Services.

1.3. ST&C applies to the use of the electronic bills of lading (or eBLs), but also applies mutatis mutandis for the transfer of any electronic records. If there is any inconsistency between the GT&C and the ST&C, the latter shall prevail over the GT&C.

1.4. These GT&C manage your use of Services. By using Services, you agree to accept all GT&C contained in this document, as may be amended from time to time.

1.5. You must not use Services if you disagree with any of the provisions in these GT&C or ST&C.

1.6. “Services” shall mean services by CargoX:

• the https://cargox.io website,

• the https://cargox.digital website,

• the https://cargox.info website,

• the developer portals available at https://developer.cargox.digital,

• the help pages available at https://cargox.help,

• the smart contract(s) used to support the Services on the platform,

• sandbox / testing / demo environments,

• subscriptions.

1.7. Services are not available for use by minors (defined as those who are not at least 18 years of age) or any other person who lacks contractual capacity. Such a person must not use the Services.

1.8. These GT&C supersede all prior agreements and understandings between you and CargoX.

1.9. Should any discrepancies or conflicts arise between these GT&C and/or ST&C and your terms and conditions, it is expressly stipulated that CargoX's GT&C and/or ST&C shall take precedence and govern the situation.

2. Subscription Agreement

2.1. By using CargoX Subscription Service (hereinafter referred to as the “Subscription Service“), you (Subscriber, You, User) are subscribing to CargoX’s Subscription Service. The Subscription Agreement governs your use of the Subscription Service and only applies to you if you have chosen the Subscription Service. If you are agreeing on behalf of an entity, you warrant that you have the authority to bind the entity to the Subscription Agreement; otherwise, you are not permitted to use the Subscription Service.

2.2. The following words will have the following meanings:

“Administrator” is 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” is 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” is a section within the "Plan overview" page on the CargoX platform outlining the specific features and benefits of a user's paid subscription plan.

“Plan overview page” is 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” is switching a subscription to a lower tier with fewer features or shortening the subscription period.

“Plan upgrade” is changing a subscription to a higher tier with additional features or extending the subscription period.

“Prorated amount” is 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” is the date on which the Subscription plan automatically renews for the next Subscription period, as specified in this agreement.

“Subscription fee” is the recurring amount the Subscriber pays to access the Subscription Services, as specified in the Subscription plan.

“Subscription licence” is 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” is 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” is 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” is a model in which users pay a recurring fee at regular intervals to access additional features and Services.

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

2.4. You can choose from different Subscription plans with various Subscription periods. You can schedule a change to a different Subscription period, as described in Articles 2.15. to 2.20 of the Subscription Agreement.

2.5. If you are a consumer (i.e., a natural person acting for purposes which are outside your trade, business, craft or profession) residing in the European Union, you have the right to withdraw from a distance contract within 14 days without giving any reason, pursuant to EU consumer protection laws. However, this right does not apply if you are contracting as a business (B2B). By purchasing digital Services or access to digital content that is not provided on a tangible medium, you hereby expressly:

• Request the immediate start of the Service or delivery of digital content before the expiry of the 14-day withdrawal period, and

• Acknowledge that you will lose your right of withdrawal once performance has begun.

If you do not agree to this, you should not access or use the Service until the 14-day period has passed.

2.6. Users who are Administrators within the company account have the option to view their Subscription plan under the Plan overview page in the settings. Users can also see their My paid features on the Plan overview page. 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.

2.7. All Subscription licences must share the same Subscription plan.

2.8. Subscription licences are charged 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 the Subscription period. New users may use the leftover Subscription licence.

2.9. 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 fifteen (15) days. The total number of purchased Subscription licences can be viewed in the Plan overview page.

2.10. 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 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. 

2.11. All companies within the Company Network must have the same Subscription package. The headquarters company (HQ) 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 its current billing period ends. After that, the subsidiary company inherits the Subscription package of the HQ company and cannot renew or change its previous Subscription package.

2.12. If a company is part of a Company Network, certain actions may be performed by users from other companies within the network. By participating in a Company Network, the user acknowledges and agrees that:

• Designated administrators from the parent company (HQ) may have management rights over users from linked child companies, including adding, modifying, deactivating, or removing users within the company account.

• CargoX is not responsible for any actions users take within a Company Network, including changes to user accounts, data access, or administrative decisions.

• By joining a Company Network, a child company agrees that its entitlements and usage rights are governed by the subscription plan of the HQ company, without entering into a direct subscription agreement with CargoX.

• Using CargoX Services under an inherited subscription, the child company and its users agree to be bound by the Subscription Agreement accepted initially by the HQ.

• The HQ company manages access, entitlements, and any charges incurred within the Company Network. CargoX assumes no liability for any disputes, financial obligations, or usage restrictions the HQ imposes on its child companies.

• If an HQ administrator has access to child company data, such access will be governed by the data privacy policies of CargoX, and it is the responsibility of the HQ company to ensure compliance with relevant data protection laws.

2.13. CargoX will notify you about various features 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.

2.14. Subscription plans can be viewed on the Buy Subscription page. CargoX may modify these plans occasionally, and you must stay informed of these changes. You will be notified of any changes before they take effect, under the Subscription Agreement.

2.15. On the Plan overview page, you can upgrade your plan anytime during the subscription period. Plan upgrades take effect instantly, and a new Subscription period will automatically start.

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

2.17. CargoX may immediately suspend or terminate your account according to the conditions stated in Article 14 of these GT&C.

2.18. 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 14 of these GT&C .

2.19. 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.

2.20. 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 material feature or functionality deprecation. CargoX will not materially decrease the overall functionality of the Subscription Services purchased by you during the Subscription period.

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

2.22. An invoice will be sent to the email billing address you provide.

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

2.24. 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.

2.25. 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 thirty (30) days before they take effect.

2.26. Paid Subscription fees are non-refundable.

3. Restrictions

3.1. Any action or conduct or activities on or in connection with Services, that could cause any kind of loss, damage, or detriment to CargoX or its users is prohibited. These actions, conduct, or activities are, e.g.:

• unlawful publishing of any Services material,

• commercialization of any Services material,

• use of the Services material in any way that could cause damages to CargoX,

• any use of the Services which could harm other users of the Services and any other kind of unlawful use of the Services,

• data mining, harvesting, extracting, or any other similar activity concerning the Services,

• use of the Services material in any advertising or marketing,

• any attempt to circumvent restrictions or protections,

• any attempt to crack, use brute force or obtain unauthorized access, password, or private information of other users of the platform,

• use of robots, spiders, scrapers, data gathering and extraction tools, data mining tools or any other automated tools to extract data from the Service not in line with these GT&C,

• uploading or attempting to upload viruses, trojan horses, worms, bots, and other malicious content to the platform.

3.2. The above-described actions, conduct, or activities can only be permitted if expressly authorised by CargoX in writing.

3.3. Some Services are “restricted” to users. If the Services are restricted, you may not enter or try to enter these areas of Services.

3.4. It is at the discretion of CargoX to restrict your access to Services at any time whatsoever.

3.5. It is Cargo X’s policy that neither it nor any of its subsidiaries will transact business with Sanctioned Countries or Sanctioned Persons. This clause is intended to help mitigate the risks associated with financial and other sanctions and to comply with applicable laws and regulations in the various countries where CargoX operates. The Sanctioned Country means any country or other territory that is, or whose government is, subject to country-wide or territory-wide Sanctions, currently Crimea /Sevastopol, Cuba, Donetsk region (oblast) of the Ukraine, Iran, Kherson region (oblast) of the Ukraine, Luhansk region (oblast) of the Ukraine, North Korea, Syria and Zaporizhzhia region (oblast) of the Ukraine. Sanctioned Person include: (a) individuals or entities domiciled in, organized under or operating in a Sanctioned Country; (b) beneficial owners domiciled in a Sanctioned Country; (c) entities owned 50% or more or controlled by an individual or entity domiciled or organized in a Sanctioned Country; (d) officials or employees of the government of a Sanctioned Country; (e) entities owned 50% or more or controlled by the government of a Sanctioned Country; (f) individuals or entities designated on any of the sanctions lists administered by the United Nations, the European Union, the United States of America, the government, any official institution, authority and/or agency with jurisdiction over any party to this agreement and/or its affiliates, wherever domiciled (g) entities owned 50% or more or controlled by a party designated in section (f) hereof. 

3.6. In view of ensuring compliance with the Sanctions, you undertake that you:

a) and/or any of your officers or employees are not Sanctioned Persons;

b) do not operate/are not registered in accordance with the laws of and are not owned or controlled (directly or indirectly) and do not act on behalf of a person that operates in or is managed in accordance with the laws of a Sanctioned Country;

c) it will not use the Services, subject to this GT&C, for purposes that might constitute a violation of the Sanctions by CargoX;

d) are not and will not act or behave or undertake, directly or indirectly, any actions and/or behavior that might place CargoX in violation of the Sanctions.

e) will not give to CargoX any Instructions that would in any way lead to a violation of the Sanctions by CargoX;

f) are not and will not be represented, with regard to your Agreement with CargoX, this GT&C and the Instructions given in relation therewith, by a Sanctioned Person.

3.7. You confirm that you will notify CargoX in writing and without any delay where permitted by applicable law(s) and reasonably practicable, of the existence of any circumstances related to the Sanctions or of circumstances that might lead to a violation of the Sanctions by CargoX. Under this clause, you will not establish relationships of any kind involving Sanctioned Countries or Sanctioned Persons, for or on behalf of, any such country or person. If you or CargoX becomes aware that a business relationship or transaction involves a Sanctioned Country or Sanctioned Person, CargoX reserves the right to terminate or refuse to continue that relationship or transaction.

4. Intellectual property rights

4.1. CargoX owns or has another legal basis for all the intellectual property rights and materials contained in the Services.  You only have the right to view the material in Services (i.e., a limited license for this purpose).

5. User credentials

5.1. Any user ID, blockchain key, private key, password, or any other credential you received or created for using Services is confidential. You must always maintain its confidentiality.

5.2. CargoX can carry out identity verification procedures for legal entities and/or natural persons to provide Services, comply with legal regulations, and provide security on the platform. Depending on the identity verification method, rules and requirements, CargoX may repeat identity verification procedures at specific intervals (reverification process).

5.3. Every natural person must have his or her own account. You are not allowed to rent, sell, lease, transfer or assign your credentials or any of them to any other natural person.

5.4. You are not allowed to impersonate other natural or legal persons, create false personas, or use multiple entities.

6. Uploaded content

6.1. “Uploaded content” is any content you upload to CargoX while using the Service. This includes, but is not limited to, documents, pictures, audio, and video material.

6.2. Uploaded content may be shared with other parties on the platform or external parties, according to rules that you define (e.g., transfer of a document to another company on the platform). 

6.3. Uploaded content belongs to you. CargoX may not rent, barter, trade, sell, loan, lease, distribute, modify, publicly display, or create derivative works of uploaded content, unless explicitly agreed upon with you.

6.4. Uploaded content is yours, carrying with it the obligation that you are responsible for not encroaching third-party’s rights. If you upload personal data, you warrant that you have the legal right to do so.

6.5. Consistent with 6.4, CargoX does not vouch for, guarantee or give any warranty concerning the uploaded content, its fitness for a particular purpose, its non-infringement of any rules or regulations, nor the legality/validity of the content.

6.6. CargoX does not filter or check uploaded content, save as follows. Based on the Service used, CargoX might implement basic automated security checks (e.g., virus scanning, syntax and validity checking) on the uploaded content.

6.7. By using the Service, you hereby grant CargoX a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to collect, store, transfer, translate and display the content you upload, in line with uploaded content’s privacy, your instructions and uploaded content workflow settings. The licence ends when uploaded content is deleted from CargoX systems. CargoX may transfer your data to appropriate servers, jurisdictions, or other users of the Service, to perform the Service and maintain quality. 

6.8. CargoX may process your uploaded content using automated processing tools (such as indexers, augmentation Services, data mining, statistical analysis, machine learning, and artificial intelligence tools). This may be used to offer and improve the Services (e.g., allow searching through documents or automatically apply document types).

6.9. With these Services, CargoX does not act as an “Online content-sharing Service provider” under Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC, as none of the uploaded content is to be publicly shared.

7. Usage data collection and sharing

7.1. “Usage data” represents the data on how you use the Service. The data collected is either completely anonymized or pseudo-anonymized, where complete anonymization is not feasible or possible.

7.2. Usage data is used to analyse the usage of the Service, improve the Service, and provide insights. By using the Service, you are giving CargoX an express non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, modify, copy, display, translate and create derivative works of such Usage data for internal purposes.

7.3. “Secure usage data” is used to improve platform security and provide insight in case of security breaches. By using the Service, you are giving CargoX an express non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, modify, copy, display, translate and create derivative works of such Secure usage data for internal purposes. CargoX may share Secure usage data with third parties for data analysis and when contractually obligated, and with law agencies, based on local acceptable mandatory laws and regulations.

7.4. CargoX may summarise anonymized data – e.g., from Usage data, uploaded content, and Secure usage data (for statistical, display and performance purposes) into “aggregated data”. Aggregated data cannot be linked back to individual information of a legal or natural person. It might include data such as the number of transactions in a specific period, the number of documents, the types of documents uploaded, the countries with the most usage of the Service and similar. 

7.5. By using the Service you are expressly giving CargoX a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, distribute, share, rent, barter, trade, sell, loan, lease, host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of such aggregated data and anonymized meta-data about uploaded content and your use of the Services.

8. Disclaimer of warranties and exclusion/limitation of liability

8.1. Although the GT&C are governed by the legal system of a civil law country, to avoid doubt, CargoX makes no express or implied representations or warranties of any kind related to the Services or the materials contained within the Services.

8.2. Complete security on the Internet is not possible. While CargoX exercises reasonable endeavours to provide security that is equal to industry standards, you are ultimately responsible for your security, including, but not limited to, maintaining the confidentiality of your login credentials.

8.3. This software and Services are 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 circumstances whatsoever shall CargoX (including its officers, employees, and contractors) be liable to the fullest extent permitted under applicable contract law for any direct, indirect, incidental, special, punitive, exemplary or consequential damages (including, but not limited to, 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 Services, even if advised of the possibility of such damage.

8.4. If, for any reason, a court or arbitral tribunal finds that the exclusion of liability is unenforceable in whole or in part, the limitations of liability permitted under applicable contract law shall nonetheless apply to the fullest extent allowed within the bounds of contractual autonomy.

8.5. The provisions on Force Majeure, as set out in the ST&C, shall apply mutatis mutandis to these GT&C.

9. Use of Third-Party Services

9.1. Certain functionalities of the CargoX Services may integrate with third-party Services, such as for document verification, compliance checks, identity validation, or related processes. In such cases, CargoX will transmit the necessary documents and data to the relevant third-party provider under CargoX’s Privacy Policy and applicable data protection legislation.

9.2. Where CargoX independently selects and integrates a third-party Service for the functioning of the CargoX Services, CargoX shall be responsible for exercising due care in the selection of such Service providers (culpa in eligendo), but shall not be liable for the actual performance of the third-party Services or any outcomes arising therefrom.

9.3. Where users access or activate third-party Services through the CargoX Services—such as by registering, subscribing to, or otherwise interacting with a third-party provider—CargoX makes no representations or warranties and assumes no responsibility for such third-party Services, including their availability, performance, or any damage or loss resulting from their use. The user is solely responsible for reviewing any findings or decisions that such Services provide and taking any necessary actions to ensure compliance and data accuracy.

9.4. Where CargoX is legally or factually obligated to use specific third-party Services, CargoX shall not be held liable for the performance of such Services or for any loss or damage arising from or in connection with their use. In such cases, CargoX does not guarantee the outcome or effectiveness of such Services and makes no representations or warranties and assumes no responsibility for such third-party Services, including their availability, performance, or any damage or loss resulting from their use.

10. Indemnification

10.1. You hereby agree to fully indemnify CargoX in respect of any damages, liabilities, costs, demands, causes of action and expenses arising out of or in any way related to your breach of any of the provisions of these GT&C or any misuse of the Services.

11. Severability

11.1. If any provision of these GT&C is void, unenforceable or invalid, such voidness, unenforceability or invalidity shall not render these GT&C void, unenforceable or invalid as a whole. Rather, the provision(s) which are void, unenforceable or invalid shall be struck out and the remaining provisions of these GT&C shall remain with full force and effect.

12. Assignment

12.1. CargoX can assign, transfer, and subcontract its rights and/or obligations under these GT&C without any notification. However, you are not allowed to assign, transfer or subcontract any of your rights and/or obligations under these GT&C to anyone else.

13. Payment Services

13.1. The usage fee for the Services results from the respective valid price list, which is available on the CargoX Platform after registration. The prices may be listed in fiat currencies or units.

13.2. Users of the platform may purchase units using different fiat currencies. A list of fiat currencies accepted is at the sole discretion of CargoX.

13.3. CargoX Services with fees in units are to be prepaid. Upon receipt of payment, the user receives units, which can only be used for the Services. If the use of the Services exceeds the number of units, the useris obliged to make up the difference immediately.

13.4. The units are non-refundable and non-transferable. Accordingly, CargoX does not impose any volume purchase obligations on users and recommends acquiring only the quantity necessary for your intended use.

13.5. Invoices and pro-forma invoices for the units will be sent to the user by e-mail and may be available through the Services’ web interface.

13.6. CargoX may award promotional units to the user from time to time as a result of pricing and/or business policies. It is at CargoX’s sole discretion when and how these promotional units may be used and when they expire.

13.7. Units can only be used for the Services specified by CargoX and in the timeframe specified by CargoX.

13.8. During the use of the Services, various payment options may be available. For some payment options, CargoX uses sub-processors and their Services to process payments. Sub-processors may charge a fee for their Services. You will be informed of these fees and will be required to confirm the selected payment option before completing the transaction. All sub-processors can be found in the List of sub-processors included in the Standard Contractual Clauses (SCC).

13.9. CargoX may charge an exchange fee for payments in currencies other than those used in the price list.

13.10. Your units may expire, but only if there is no activity in your user account for more than 3 years. In this case, CargoX has the right to delete your units. While CargoX will strive to give you advance notification, CargoX is in no way obliged to do so. CargoX may also revoke the verification or execute any other actions needed to ensure the reliability and consistency of data after the expiration of the period as mentioned above.  

14. Personal data protection

14.1. CargoX processes your personal data or personal data of your user in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or GDPR) and in accordance with laws of Republic of Slovenia.

14.2. If you are a business entity using Services and your business is established outside the European Economic Area (third countries regarding the GDPR), then you are the controller and CargoX is the processor of personal data according to the Regulation (EU) 2016/679. In such case, by accepting these GT&C, you also agree to use of “Standard contractual clauses for the transfer of personal data to third countries” (SCC) as adopted by the decision of Commission (EU) on June 4th, 2021 (Commission Implementing Decision (EU) 2021/914). Your data will be processed according to Module 4 of SCC (Transfer processor to controller).

14.3. If you are a business entity using Services and your business is established in the European Economic Area (EEA), then you are the controller and CargoX is the processor of personal data according to the GDPR. In such a case, by accepting these GT&C, you also agree to the use of “Standard contractual clauses between controllers and processors under Article 28(7) of GDPR (Commission Implementing Decision (EU) 2021/915) .

14.4. For specific data needed by Services, especially to allow users to log-in, CargoX acts as the controller of your personal data. You can find more information about personal data CargoX collects to enable your usage of Services in our Privacy Policy. 

14.5. When processing your personal data, CargoX can engage the subprocessors from the list of subprocessors as stated in the Standard Contractual Clauses (SCC).

14.6. The newest version of the SCC’s always applies, issued by the European Commission, no matter which version is included in these GT&C.

14.7. The use of any of CargoX Services, shall be subject to CargoX Privacy Policy. Privacy Policy shall be updated from time-to-time, and you are expected to review Privacy Policy periodically.

15. Suspension/termination

15.1. CargoX may limit, suspend, or terminate user’s access to or use of the Services and/or the agreement itself if:

• such action is necessary to prevent material errors or harm to any system or network, or to limit CargoX’s liability; or

• user attempts to access or use the Services in an unauthorised manner, including without limitation any attempt to gain access to data or information relating to any other users of the Services or any use that infringes third party intellectual property rights or violates any applicable law, rule, or regulation, or

• user uses the Services in any other way contrary to the purpose of the Services and/or procedures envisaged or

• user breaches any other provision of these GT&C.

15.2. It is at the sole discretion of CargoX what action it takes against the user in relation to any violations committed by the user.

16. Amendments of these GT&C

16.1. CargoX may change these GT&C at any time, and you are expected to review these GT&C periodically to ensure that you understand all GT&C that govern your use of the Services.

16.2. Unless otherwise specified, the amended GT&C and ST&C shall enter into force 30 days after publication on the CargoX website.

17. Governing law & jurisdiction

17.1. These GT&C will be governed by and interpreted under the laws of the Republic of Slovenia (European Union member), but without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction.

17.2. Any dispute, controversy or claim arising out of or in connection with these GT&C, including the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia. The Arbitral Tribunal shall be composed of three arbitrators. The seat of the arbitration shall be Ljubljana, the Republic of Slovenia. The language to be used in the arbitral proceedings shall be English.

17.3. If, for any reason specified in the legislation of the Republic of Slovenia, the arbitration cannot proceed, then the dispute will fall within the exclusive jurisdiction of the courts of the Republic of Slovenia.

18. Disclaimers

18.1. Nothing in these GT&C, or the Services shall be considered legal advice, and no attorney-client relationship is established. The Services shall not be deemed to provide advice of any kind, legal or otherwise, to you.

18.2. From time to time, the Services may also include links to other websites. These links are provided for your further information and your convenience. They do not imply that CargoX endorses the websites. CargoX bears no responsibility for these external sites' legality, content, or accuracy.

18.3. CargoX is not and will not be liable for the Services being temporarily unavailable due to any issues beyond CargoX’ reasonable control.

If you need to contact us concerning these GT&C, please email us at [email protected].

© CargoX (May 2025)

Effective date: July 6, 2025

As of the date of entry into force of these General Terms & Conditions 4.0, General Terms & Conditions 3.0  will cease to apply.