GENERAL TERMS AND CONDITIONS 2.0

1. Agreement

1.1. The CargoX Services are available by the CargoX d.o.o., based in Ljubljana, Slovenia. Use of Services means that you got in a contractual relationship with CargoX. These general terms and conditions (hereinafter also as: GT&C), including any legal notices and disclaimers contained on Services, constitute the entire agreement between CargoX and you in relation to your use of Services. If you use CargoX IT solutions for blockchain documents transfer then Special Terms and Conditions apply in addition to all of the aforementioned. Special Terms and conditions are provided for the use of the Smart B/L but apply mutatis mutandis for the transfer of any documents in Services. These GT&C supersede all prior agreements and understandings between you and CargoX.

1.2. These GT&C shall manage your use of Services. By using the Services, you agreed to accept all GT&C written in here. You must not use Services if you disagree with any of these GT&C.

1.3. Services shall mean any services by CargoX including but limited to:

• the https://cargox.io website;
• the https://app.smartbl.io website and the accompanying landing page https://smartbl.io;
• the https://cargox.digital website;
• the https://cargox.info website;
• the developer portals available at https://developer.smartbl.io and https://developer.cargox.digital
• the help pages available at https://cargox.help
• the smart contract(s) responsible for transferring documents on the blockchain and the use the CXO token;
• sandbox / testing environments;

1.4. Services are not for use by any minors (defined as those who are not at least 18 years of age) or any other person that is lacking contractual capacity. Such a person must not use Services.

2. Restrictions

2.1. Any action or conduct or activities on or in connection with the Services that could cause any kind of damages to CargoX is prohibited. These actions or conduct or activities are e.g.:

• any unlawful publishing of any Services material;
• any kind of commercialization of any Services material;
• any kind of 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 also any other kind of unlawful use of the Services;
• any engaging in any data mining or harvesting or extracting or any other similar activity in relation to the Services;
• any use of the Services material in any advertising or marketing.

2.2. The above descripted actions or conduct or activities can only be in place if explicitly permitted by CargoX in a written form.

2.3. The areas of the Services that are restricted to users are exactly that – restricted. You may not enter or try to enter these areas of Services.

2.4. It is in the absolute discretion of CargoX to restrict access to you to Services, at any time whatsoever.

3. Intellectual Property Rights

3.1. CargoX owns all the intellectual property rights and materials contained in the Services. You only have a right of viewing the material contained on the Services (limited license).

4. User ID and Password

4.1. Any user ID, blockchain key, or password you received or crated for the Services are confidential and you must maintain confidentiality at all times.

5. Your Content

5.1. Your content is yours also in a way that you are responsible not to invade any third-party’s rights.

6. No Warranties

6.1. As the Services are governed by legal system of a civil law country there is no need to express the usual no warranties provision. However for easier understanding: CargoX makes no express or implied representations or warranties, of any kind related to the Services or the materials contained on within.

7. Limitation of Liability

7.1. CargoX (including its officers, employees and contractors) shall not be held liable for anything in connection with your use of the Services. This applies for both: liability arising out of breach of contract or tort and also applies to indirect, consequential or special liability.

8. Indemnification

8.1. You hereby accept to indemnify in a whole CargoX from any damages, liabilities, costs, demands, causes of action and expenses arising in any way related to your breach of any of the provisions of these GT&C or any misuse of the Services.

9. Severability

9.1. If any provision of these GT&C is found to be void, unenforceable or invalid, such voidness, unenforceability or invalidity shall not render these GT&C void, unenforceable or invalid as a whole. Such provisions shall be ignored without affecting the remaining provisions of these GT&C.

10. Assignment

10.1. CargoX is allowed to 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.

11. Payment Services

11.1. The costs for a usage fee of the Services results from the respective valid price list, which is available on CargoX Platform after registration. The prices are in units.

11.2. CargoX services are prepaid. Upon receipt of payment, the customer receives units, which can only be used for the Services. If the use of the Services exceeds the number of units, the customer is obliged to make up the difference immediately.

11.3. The units are non-refundable and non-transferable.

11.4. Invoices for the units will be sent to the customer by e-mail and may be available through the Services web interface.

11.5. CargoX may award promotional units to the customer from time to time as a result of pricing or business policies.

11.6. Units can only be used for the Services specified by CargoX and in the time frame specified by CargoX.

12. Suspension/Termination

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

• such action is necessary to prevent material errors or harm to any system or network, or to limit CargoX’s liability; or
• customer attempts to access or use the Services in an unauthorized 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
• customer uses the Services in any other way contrary to purpose of the Services and/or adviced procedures, or
• customer breaches any other provision of these terms.

12.2. It is in soley CargoX's discretion what action it will take against the customer in relation to the any infringements committed by the customer.

13. Amendments of These GT&C

13.1. CargoX is permitted to revise these GT&C at any time, and by using the Services you are expected to review such GT&C on a regular basis to ensure you understand all GT&C governing use of Services.

14. Governing Law & Jurisdiction

14.1. These GT&C will be governed by and interpreted in accordance with 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.

14.2. You hereby consent and submit for the resolution of any disputes in connection to Services to the jurisdiction of the arbitration of chamber of commerce of the Republic of Slovenia. If for any reason the arbitration could not decide on eventual dispute will fall within the jurisdiction of courts of Republic of Slovenia.

15. Disclaimers

15.1. Nothing on this site shall be considered legal advice and no attorney-client relationship is established and nothing inServices shall be considered consult or advice to you.

15.2. Through Services you are able to link to other websites. CargoX bears no responsibility for the legality, content or accuracy of these external sites.

15.3. CargoX is and will be not liable for any damages arising out of, or in connection with, the use of the Services.

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

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If you need to contact us in relation to these Terms & Conditions, please email us to: [email protected].

© CargoX (June 2021)