General terms and conditions of use

General

(1) These terms and conditions exclusively apply to all deliveries and services from this contractual relationship. The user's terms and conditions are non-binding even if Lori freight s.r.o (hereinafter referred to as LORI) does not expressly object to them. The Lori platform offer is intended exclusively for entrepreneurs according to § 14 BGB (Slovak Civil Code) for use in business purposes. (2) LORI reserves the right to amend or supplement these terms at the end of each billing period. LORI will inform users of the changes by explicit notification on the invoice form or on the platform. User consent to these amended terms is deemed given if the user does not expressly object to them promptly, but no later than 1 month after the notification. Payment of the invoice without reservation is considered consent. (3) Declarations regarding the contract, amendments, and changes to the contract must be made in writing. If the contracting parties agree that another entity will have the right to use the platform, the other contracting party will grant this user a power of attorney to accept declarations from LORI. (4) When this contract mentions persons (e.g., user), the term is intended to include all forms of that designation.

Subject of the Contract

(1) LORI will provide the user with a user right to the user system (hereinafter referred to as the license) for a regularly paid fee. The scope of the license is determined by individual agreement. At its discretion, LORI may allow the user to access the user system via an online platform, where the user logs in using a combination of username and password, or through an interface to the user's existing hardware and software environment. The platform operates on internet-connected servers accessible exclusively through online connections. All online services are delivered at the router output of the data center hosting the platform. Exceptions include times when the servers used by LORI are unavailable for technical or other reasons beyond LORI's control or when LORI performs maintenance necessary to ensure contractual performance, during which disruptions may occur given the current state of technology. Scheduled maintenance and updates will be performed by LORI on working days, where possible, before 7:30 AM, or after 6:00 PM (CET/CEST) and throughout the day on weekends. LORI may temporarily restrict or interrupt services if necessary to comply with official or legal requirements, maintain system integrity, or protect data. (2) If LORI provides the user access to the platform via specific software, it may do so at its discretion, for example, as a download offer or through the Apple® App Store®, Google Play™, etc. Downloading and installing the software are not part of LORI's service but are performed by the user independently and at their own responsibility. When granting access through online registration using a username and password or web login, LORI reserves the right to set specific password requirements, link personal separate access to the email address provided by the user, or use local security features, such as native authentication techniques of the user's end device operating system. (3) The selection, purchase, and installation of the necessary hardware and software are the sole responsibility of the user. (4) LORI is entitled to make changes as part of the further development and optimization of its products, provided that this does not limit the essential performance characteristics of the products. (5) LORI may deliver notifications regarding offers, received notifications, or transactions to the user via the platform. LORI reserves the right to limit the number, display duration, and storage of such messages.

Usage Rights

(1) The usage rights granted by this contract apply to the individually agreed scope, e.g., for a specific number of personal separate accesses (accounts) or the agreed scope of data in the user's company for each branch, whether independent or non-independent, to the platform and are not transferable to third parties or other branches or locations of use. When using access authorization via username and password or web login, a single usage right applies at one time, in relation to the end device and/or browser (concurrent licenses). (2) The usage rights apply only to entering and retrieving specific commercial data in the regular course of business. All data must be provided truthfully and must be substantiated to LORI upon request. Outdated or accumulated data must be deleted unless specific legal retention obligations apply. The following uses or contents are prohibited: a) Sending unsolicited messages, such as spam, bulk queries, general advertising, and general offers. b) Illegal purposes, false data, fraudulent, or misleading messages. c) Violations of rights, such as personal rights, intellectual property, or the privacy of third parties. d) Data collection, especially such that enables the creation of a profile of another user. e) Inserting program codes that affect the functionality of the end device or this software. f) Content that restricts, harasses, or harms LORI or third parties, such as other users, including calls for boycotts, chain letters, stalking, threats, insults, defamation, discrimination, hate speech, business damage, sexual content, depictions of brutality, violence, or nudity. g) Offers to provide services for which the required official permission or authorization does not exist. h) Content that is contrary to applicable law or good morals, or for which the user does not have authorization to deliver. (3) Data provided by the Platform may be extracted exclusively via integrated export or print functions. Automatic use of the platform, whether by interface, foreign software, robots, scripts, or other tools different from standard browsers such as Chrome™, Firefox®, or Internet Explorer, requires LORI's written consent. All offers from LORI that provide unlimited usage at a fixed price are subject to the fair usage principle. Through this principle, LORI aims to ensure an appropriate and high-quality user experience for all users. Therefore, LORI reserves the right to take appropriate measures to limit the user's usage rights if their individual usage behavior burdens LORI's resources in a way that impairs the adequate distribution of server capacity or storage capacity, which are available not only insignificantly. Such restrictions can be implemented, for example, by limiting the number of queries or transactions per minute per license, limiting storage space, etc. (4) LORI reserves the right to disconnect the user's connection to the platform and delete data if it can prevent or terminate a violation of applicable law or good morals. The same applies if the user technically endangers the existence of the software, application, or platform; if the user reports content to LORI that they consider illegal, this report must be justified. After submitting the report, the user will receive confirmation. The affected user who posted the displayed content on the platform will be informed by email to the address they provided that the content has been reported as illegal. Both users will receive notification of the decision by email after the review is completed. The affected user can object to the decision by replying to this email. This objection will be reviewed by LORI's legal department. The decision will be communicated to the affected user by email after the review is completed. The user has the right to defend against any decision by LORI under this section by filing a lawsuit in the competent court. Additionally, users can file a complaint with the competent digital services coordinator under Article 53 of the Digital Services Act in case of alleged violations of this law. (5) If the user fails to comply with a contractual obligation, especially the obligation according to section 3 (1) or (8), section 4 (1), section 5 (2) or (4), or section 7 (2) or (3), or if they are in default of remedying another breach of contract in accordance with the agreement, this releases LORI from its obligation to perform ("Blocking"), but leaves the claim for counter-performance. If the blocking due to the user's breach of contract described in this section lasts longer than 14 days, the contract is considered interrupted after this date. (6) For each case of culpable breach of contract in sections 3 (1) or (2), or sections 5 (2), (4), or (5), the user will pay a contractual penalty in the amount of twelve months' payment. The user reserves the right to prove lower damage. (7) The user must inform LORI immediately of any changes related to the company that are relevant to the commercial or business register. This mainly concerns changes in the company form, address changes, or the departure or joining of persons authorized to represent the company and registered in the commercial or business register. (8) The user is obliged to have the necessary and legally required permits, insurance, licenses, and registrations for their activity available and up-to-date to present them to LORI.

Right to Use Business Search

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  2.     The business search, if agreed,     does not provide the user with the opportunity to view available     company data of platform users. (2) The user can also enter their     company data into the platform, which third parties can view. Access     to extended company information of third-party companies is granted     to the user after storing their own extended company data. (3) Data     is offered for use within the usual business scope in the regular     course of business. Copying the entire database or significant parts     of it is prohibited due to copyright protection. The user is advised     that other users may have access to the information they publish on     the platform, which may also contain personal data, and may store     it. Besides the contractual limitation, LORI has no means to     influence the storage, duration of storage, and use by the user. (4)     Data must be current. If LORI finds that the user's data is     incomplete or incorrect, LORI may inform the user of these errors.     If the user does not complete or correct their data within 7 days     after receiving the information from LORI, LORI is authorized, but     not obliged, to correct or complete their data on their behalf and     at their responsibility according to the official data in the     commercial or business register. (5) LORI reserves the right to     block the user's data and also the user's access to the business     search in case of violations of the above sections (3) and (4). (6)     The paid contractual relationship begins with the signing of the     license agreement by both parties or with written confirmation by     LORI and can be properly terminated by either party with 14 days'     notice at the end of the calendar month. The contract is valid for 1     month and is automatically extended by 1 month unless terminated by     one of the parties before then.

User Right to Lori Finder® Applications

(1) The Transport and Free Vehicles applications allow the user, if agreed upon, to enter transport offers and search for available transport offers for international road transport using the platform. (2) Data must be correctly entered into the designated input fields, the input must be complete, recorded in plain text without additional spaces and other characters intended solely for highlighting. LORI reserves the right to automatically delete such entered data that does not meet these criteria or the inputs from section 3, paragraph 2. (3) The paid contractual relationship begins with the signing of the license agreement by both parties or with written confirmation by LORI, and both parties may properly terminate it with 14 days' notice at the end of the calendar month. The validity of the contract is 1 month and is extended by 1 month each time unless terminated properly by one of the parties beforehand.

User Right to the Application and GPS Location

(1) The Routes & Expenses application allows, if agreed upon, the online transfer of data necessary for map display and route calculation to the user. All displayed maps – just like all geographical maps – are subject to continuous changes and are never a complete representation of reality. LORI is therefore not obliged to ensure the accuracy of the displayed maps and other data. LORI's performance is limited to providing, processing, and visualizing data for the user. (2) The data and information displayed in the application are purchased from third parties. LORI therefore reserves the right to withdraw from the contract if the relevant data is not delivered correctly and on time unless the user can prove LORI's fault. (3) The application may prioritize individual entered names of municipalities or postal codes when searching. Therefore, search results may also contain different local names or the name may appear multiple times in the results. LORI does not guarantee that the program will automatically select the correct desired location. LORI also does not guarantee the accuracy and completeness of all related data, such as postal codes, street names, or other supplementary information. Maps are subject to continuous changes, which follow the current state of technology. LORI does not guarantee the data or the accuracy and quality of the maps. (4) Map materials and other similar data (satellite images, toll information, traffic restrictions, points of interest, etc.) are obtained from license providers. Maps, related data, and functions are protected by copyright and are the exclusive property of LORI and/or the license provider and partners, and are protected by other laws of the country where they are used. LORI grants the user a non-transferable, non-exclusive sublicense to use the maps used in LORI products exclusively for internal use by the user. The user may not copy, disassemble, extract, modify, or create derivative products from the maps. The user may not extract, in whole or in part, the source code, source files, or structure of the maps, nor attempt to decode, decompose, decompile, or use other methods. The user may not use the products to operate a service company or for other purposes involving the processing of maps by other persons or entities. The user does not acquire any ownership rights; these rights remain with the license providers. Copyright notices, data source information, or proprietary ownership indications in the maps or on the maps may not be changed, hidden, or removed. (5) If suppliers increase the prices to LORI applicable at the time of contract conclusion, LORI reserves the right to increase the prices of the paid licenses to the user accordingly. The price increase takes effect 4 weeks from the first day of the following month after the declaration is received. If the price increase for using the application exceeds 10% within one calendar year, the user has the right to extraordinary termination, which can be exercised within 2 weeks after notification of the price increase. (6) LORI reserves the right to modify, expand, delete map displays and data elements, and change their categorization, including capabilities and specifications for map displays and supplementary functions related to maps, at any time at its discretion. LORI is not obliged to provide or perform maintenance, error correction (patch), updates, or upgrades. (7) The end-user terms and conditions (HERE Terms of Service) and the privacy policy (HERE Privacy Policy) also apply. (8) Contents and functions may not be used for integration into the vehicle's original system, nor for sensorics or automation of the vehicle's own functions. (9) The paid contractual relationship begins with the signing of the license agreement by both parties or with written confirmation by LORI, and both parties may properly terminate it with 14 days' notice at the end of the calendar month. The validity of the contract is 1 month and is extended by 1 month each time unless terminated properly by one of the parties beforehand.

User Right to Vehicle Tracking Function

(1) The Vehicle Tracking application provides the user, if agreed upon, access to the telematics function via a mobile device, through which the user can transfer present radio- or satellite-supported data about their own vehicles, such as GPS (Global Positioning System) location data, from localization devices or sensor data from other vehicle systems to the platform (hereinafter: data transfer). These can be displayed indefinitely by the user themselves and allowed to be displayed to other platform users (hereinafter: observers) in the form of a time-limited authorization. At the same time, the Vehicle Tracking application allows observers to view such data from telematics systems in the vehicles of other users after obtaining the appropriate authorization for such display. An unconditional prerequisite for displaying this data is a contract with one of the telematics service providers for data transfer, as well as a license for the application or a comparable suitable display tool for map displays that supports the LORI Vehicle Tracking interface. (2) The user undertakes that if they promise any observer the display of data from their vehicle's telematics system, they will ensure the continuous provision of this data throughout the entire period within the current state of technology. The user is solely responsible for the correct and timely transfer of data to LORI. (3) The use and processing of data from telematics systems in foreign vehicles not permanently rented or leased by the user are prohibited unless it occurs within the authorization according to paragraph 1 between two platform users. Uploading telematics data from subcontractors who permanently or regularly provide services to the user must be approved by LORI. In case of violation of this paragraph, LORI is entitled to block the data of the relevant telematics system. (4) Telematics data may only be used exclusively for coordinating the deployment of the concerned vehicles or telematics systems within the purposes pursued by the provided service. Within this service, it is unacceptable to label connected telematics systems with the names of physical persons (e.g., the driver's name). (5) The user informs all persons equipped with a telematics system before its use begins about the granting of consent for data processing by LORI, the type of data processed, the purpose and duration of the processing, the companies involved in the data processing, and the possibility of terminating data transfer. If the laws applicable to the user require the consent of persons equipped with the telematics system, then the user ensures that all necessary consents or their permissible alternatives according to the relevant applicable law (e.g., company agreements) are available in written form. The user must keep the relevant documents for two years from the termination of the contract and provide the original to LORI upon request. (6) If the user violates data protection regulations, especially the above provisions of paragraphs 4 or 5, LORI is entitled to immediately terminate the contract with the user. The user indemnifies LORI against all claims arising from non-compliance with data protection regulations by the user, especially from non-compliance with the above paragraphs 4 or 5, or related to such non-compliance. (7) The paid contractual relationship begins with the signing of the license agreement by both parties or with written confirmation by LORI, and both parties may properly terminate it with 14 days' notice at the end of the calendar month. The validity of the contract is 1 month and is extended by 1 month each time unless terminated properly by one of the parties beforehand.

User Right to Application

(1) LORI reserves the right to publish only those advertisers in the application who have at least an average credit rating from a reputable economic information provider and about whom no circumstances are known that would specifically threaten the financial realization of the offers. An average credit rating corresponds, for example, to an index higher than 300 from the Creditreform e.V. association in Germany, a "B" rating from Euler Hermes Kreditversicherungs-AG, or an "R" rating from Coface AG in Europe. If the advertiser's credit rating falls below this value or its equivalent during the validity of the offers, or if LORI learns of circumstances that specifically threaten later payment for the advertised performances, LORI may terminate the offer immediately upon discovering this lower rating or suspend it until the limited creditworthiness is restored. (2) LORI is entitled to transfer offers for certain routes gradually for a fee to LORI's claims against this action. (3) LORI reserves a special space for substantive inquiries from potential participants regarding a specific tender. LORI reserves the right to extend the tender period by the time the response exceeds 1 working day. LORI also reserves the right to delete entries that violate the conditions specified in section 3, paragraph 2. (4) The user is solely responsible for all data and offers in a single offer, which LORI publishes or forwards through the application. LORI assumes no responsibility for this data or for the fulfillment of contracts or confidentiality agreements that arise as a result, nor does it become a contracting party. LORI assumes no responsibility for the data and performance of participants, especially if they were invited at the request of the advertiser. (5) LORI reserves the right to delete participants' offers or not to forward them further if it learns of facts that specifically threaten the participant's performance or legally or officially prohibit the participant from performing the subject of the tender themselves. LORI may also delete offers from participants or not forward them if they do not act in their own name and on their own account. (6) The paid contractual relationship begins with the signing of the license agreement by both parties or with written confirmation by LORI, and both parties may properly terminate it with 14 days' notice at the end of the calendar month.

User Right to Interfaces

(1) LORI may provide the user with the connection of third-party systems used by the user with the platform through an interface. (1.1) The application interface, if agreed upon, allows the user to exchange data between the transport management software used by the user and the platform. (1.2) The entire platform interface, if agreed upon, allows the creation of a connection between the user who has access to the platform. The data protection provisions applicable to the application also apply correspondingly to telematics data. (1.3) The Orders and Billing interface, if agreed upon, allows the user to exchange data between the third-party system used by the user and the platform. (1.4) The platform interface, if agreed upon, allows the user to exchange data between the transport management software used by the user and the platform. (2) The graphical user interface is not part of it. To display platform contents, additional license agreements may need to be concluded. The user ensures that all persons using the interface have a licensed personal individual access from LORI within the platform. Without the agreed personal individual access, persons are not authorized to use the interface or LORI and cannot be listed as contacts for a specific transaction. (3) The user connects the third-party system used by them to the interface and thus to the platform at their own risk. LORI may assist the user by providing a technical product description of the interface. The technical product description is not part of the contract. It is not guaranteed that the technical product description will be usable without prior knowledge of interfaces. (4) LORI intends to continuously further develop its interfaces, which may affect the backward compatibility of the interface. In further product development, LORI will consider the usual state of technology. When a new version is introduced, LORI will appropriately inform users of the new interface version. LORI will send the current technical description of the interface upon request. The user will switch to the latest version of the interface no later than 6 months after receiving written notice from LORI. (5) The user connects the third-party system used by them to the interfaces, i.e., the system from LORI, at their own risk. They ensure the creation of technical conditions for connecting their own third-party system to the modified interface. Both partners commit to keeping the interface as stable and maintenance-free as possible. LORI will make adjustments and changes to the interface to ensure maximum compatibility and minimal adjustment requirements for the user. (6) LORI will notify the user of the change in writing 6 months before the deactivation of the previous interface. If the user does not make the necessary adjustments, it is possible that this function will no longer be usable. In this case, LORI is not obliged to provide performance but reserves the right to the relevant agreed counter-performance. If legal requirements require earlier implementation, such as security adjustments to protect the user's or LORI's system and error correction to restore the promised scope of performance, deviations from the above response time may occur. (7) The paid contractual relationship begins with the signing of the license agreement by both parties or with written confirmation by LORI, and both parties may properly terminate it with 14 days' notice at the end of the calendar month. The validity of the contract is 1 month and is extended by 1 month each time unless terminated properly by one of the parties beforehand.

User Right to Digital Transport Agreement

(1) The Digital Transport Agreement, if agreed upon, allows the user to send a price offer and relevant comments for transport offers to the provider within the platform. (2) The price offer is based on the data provided in the transport offer and forms the basis for negotiating the conclusion of a specific freight forwarding contract. The offer is linked to a specific deadline that can be chosen, after which the parties can decide whether to continue the negotiation if no agreement has yet been reached. During this period, the user is bound by their price offer. For transport offer providers, accepting the price offer is non-binding. (3) Certain data may be pre-set in the forms for technical reasons. The presetting does not represent any recommendation by LORI. The user adapts these data to their needs at their own risk. With the help of individual language settings of the user in the platform, the titles and descriptions in the forms can be influenced, avoiding the need for explanation between the sender and the recipient. Titles and descriptions in the forms and their translations serve solely to improve the comfort of the respective user and are non-binding formulations designed by LORI. Regarding the interpretation of such terms in the titles and descriptions of the form, users make their own agreements. The language setting of the user who created the form serves as the presetting for the document labeled "binding". (4) If LORI assigns the order, a binding contract is created according to section 3j. (Orders). (5) The paid contractual relationship begins with the signing of the license agreement by both parties or with written confirmation by LORI, and both parties may properly terminate it with 14 days' notice at the end of the calendar month. The validity of the contract is 1 month and is extended by 1 month each time unless terminated properly by one of the parties beforehand.

User Right to Transport Application

(1) The LORI application, if agreed upon, allows the user to exchange extended shipment information within the transport order with other authorized users in the platform. For this purpose, information about the status, documents, GPS data, and possibly other data can be collected, updated, and shared. The user can send information about the shipment to involved third parties for viewing. (2) To use the application and display platform content, additional license agreements may need to be concluded. (3) LORI may display shipment information to the user at its discretion within or outside LORI. Any shipment information provided automatically by LORI, its subcontractors, or third-party providers based on user data is non-binding. (4) Shipment tracking is not a substitute for an electronic archive, especially it is not a secure, time-unlimited storage of information by LORI. Compliance with any archiving obligations is solely the responsibility of the user. Upon termination of the user right, the user must expect the deletion of transferred information without prior notice. (5) Before use begins, the user informs all relevant persons about the granting of consent for data processing by LORI, the type of data processed, the purpose and duration of the processing, the companies involved in the data processing, and the possibility of terminating data transfer. If the laws applicable to the user require the consent of the relevant persons, then the user ensures that all necessary consents or their permissible alternatives according to the relevant applicable law (e.g., company agreements) are available in written form. The user must keep the relevant documents for two years from the termination of the contract and provide the original to LORI upon request. (6) If the user violates data protection regulations, especially the above provisions of paragraph 5, LORI has the right to immediately terminate the contract with the user. The user indemnifies LORI against all claims arising from the user's non-compliance with data protection regulations, especially from non-compliance with the above paragraph 5. (7) The paid contractual relationship begins with the signing of the license agreement by both parties or with written confirmation by LORI, and both parties may properly terminate it with 14 days' notice at the end of the calendar month. The validity of the contract is 1 month and is extended by 1 month each time unless terminated properly by one of the parties beforehand.

User Right to Rating

(1) The Rating allows the user to rate the performance of the contract by the other user within the platform after completing the transaction. (2) Both users of a transaction can always rate the other user if the transaction has been completed and has not been canceled. A rating can be entered from the delivery date agreed in the transport order until 44 days after the due date stated in the order, but no later than 104 days after the delivery date. LORI reserves the right to make the rating period available to both parties for 44 days later if the transaction between users is substantiated to LORI in another way. After this period, the relevant rating is taken into the user's rating profile. (3) The contents of the rating are solely the opinions of the users who made the rating and in no case represent the opinion of LORI, nor does LORI adopt these opinions. The rules specified in section 3, paragraph 2 of these T&Cs for legitimate and fair behavior apply in particular. (4) LORI may provide an appropriate form for the rating at its discretion, such as the number of stars or other review forms that can be awarded for the quality of the rated performance, with a 1-star rating considered insufficient and a 5-star rating excellent. LORI may, at its discretion, set appropriate categories of performance to be rated, such as compliance with agreements, communication, availability, or transaction-specific characteristics for the supplier or the customer, such as accuracy, handling of goods, provision of documents, and payment morale. (5) When several transactions are made and rated, LORI may display the user's average rating in the platform for the user's company. This display may consist of several parts, such as the average of rated performance categories, the number of different raters, or different ratings from the customer or supplier. If at least one part of the performance is rated within the transaction, it may be displayed in the profile. (6) Each user may request a change to the rating made by another user once. The recipient of such a change request may adjust the rating they made within seven days. After that, no changes can be made. A reason must be provided for the change request. Worsening the rating within the change request is not permitted. (7) LORI does not generally change or delete ratings unless it is one of the following exceptions:

Usage Fee

(1) The usage fee is payable in advance at the beginning of the usage period and must be received by LORI no later than the third working day of the relevant usage period. Invoices for additional services provided by LORI are payable immediately. The user bears the full cost of payment, except for statutory provisions for SEPA payments. Unless expressly agreed otherwise, LORI has the right to issue and send invoices electronically. If the user does not provide a suitable email address for receiving invoices or requests an invoice in paper form, the actual additional costs incurred will be charged. (2) The user's right to offset or withhold payments due to counterclaims is excluded unless these are undisputed counterclaims or counterclaims that have been legally established. (3) If LORI has granted a discount to the user who has prepaid the license fees for a predetermined period, and if the customer gives proper notice of termination before the end of this period, the discount will be retroactively canceled. The same applies if the contract is terminated by LORI for an important reason. (4) LORI is entitled to reasonably increase the license fee annually unless a price guarantee has been expressly agreed upon for the relevant period. LORI will notify the price increase in text form at least 4 weeks in advance. If the price increase exceeds 5% compared to the previous calendar year, the customer has the right to extraordinary termination with a 14-day notice period from the effective date of the price increase. The cancellation of a discount or the expiration of a time-limited special agreement is not considered a price increase within the meaning of this provision. If LORI does not exercise its right to increase the price once or repeatedly, this does not constitute a waiver of this right as such. An advance payment does not constitute a price guarantee for the period for which it was made.

Neutrality, Protective Rights, Confidentiality

(1) The license allows the user to access the platform together with other users without any claim to priority over other users. LORI is neutral in the relationship between shippers, logistics service providers, freight forwarding and transport companies. (2) This license agreement does not authorize sublicensing or transferring the data and usage options acquired on the platform to third parties, particularly it does not authorize the use of the application used on the platform (hereinafter the platform) for its own protective rights related to electronic data processing. The platform and its source code are protected by copyright and are the exclusive property of LORI and its licensors and protected by international treaties and other laws of the country where they are used. (3) LORI may use so-called open-source software in its products, which has its own license conditions. LORI will provide the relevant overview upon request. (4) The user has no claim to continuous advice regarding the application, the delivery of updates, or additional data carriers, particularly no claim to source code, decompilation, disassembly, or modification of the application. The user is prohibited from using the application for further development, modified versions, or making copies for the benefit of third parties, including other users. Any use beyond the agreed scope, whether in the form of copies, parallel or alternating use at different workstations or for the benefit of different companies and/or branches, requires a written agreement for additional paid licenses. The use of separate access from the reported residence of the authorized user is part of the license for web interface login. (5) The user transfers data to the product from LORI as part of the collaboration. Among other things, these are address data, contract data, and GPS coordinates. Based on this data, LORI could obtain information about specific business and customer relationships of users, for example, identifying specific customers. Such information is considered a trade secret and is treated as confidential, even if not explicitly labeled as confidential. Subject to legal requirements, data may be used in anonymized form for statistical purposes. LORI does not use data collected through the platform for competitive activities as a service provider in logistics, freight forwarding, or transport company. (6) The user's right to assert any claims for damages arising from this section against LORI based on defects in the platform is limited to one year from the provision of the license. All other claims for damages are barred after 2 years of their occurrence. In cases of intentional or grossly negligent conduct by LORI, the statutory provisions apply.

Warranty and Liability

(1) The information contained in the product descriptions, brochures, and user instructions provided by LORI represents non-binding recommendations. Further liability by LORI is excluded. LORI in particular does not guarantee the timeliness, accuracy, and completeness of data entered by other users, nor the compatibility of the platform with the user's information technology or the data communication methods used. The user acknowledges that complex online offers, such as the platform, can never be completely error-free according to the current state of technology. LORI therefore does not guarantee complete error-freeness or specific availability, only that the platform does not exhibit application issues that would more than insignificantly restrict the contractually agreed usability. LORI will make economically justifiable efforts to ensure that the platform provides uninterrupted service. (2) Creating hyperlinks and information on third-party websites accessible through hyperlinks from LORI's homepage are not part of the contractual services. These also do not serve to describe mandatory services in more detail. Created hyperlinks, or pages accessible through these hyperlinks, are not permanently monitored, so LORI assumes no responsibility for their content and accuracy. If the customer decides to enable, access, or use any third-party products, applications, services, software, networks, systems, directories, websites, databases, or information (collectively "third-party products"), the customer's access to and use of such third-party products is subject to the terms, disclaimers, and policies of the relevant third-party provider. LORI does not endorse, is not responsible for, and makes no representations regarding any aspect of such third-party products. LORI cannot guarantee the availability (or continued availability) of third-party products. LORI is not responsible for any damages or losses actually or allegedly caused by the activation, access, or use of such third-party products by the customer or in connection with them, nor for the customer's reliance on the privacy practices, data security practices, or other policies of such third-party products. The customer irrevocably waives any claims against LORI in connection with such third-party products. "Embedded components" means third-party products, applications, services, software, networks, systems, directories, websites, databases, and information obtained or derived from third-party sources outside of LORI and made available to the customer in the marketplace. (3) LORI is not liable for damages caused between different users, whether by data loss, data transmission errors, or otherwise. LORI is also not liable for harmful software or program codes (viruses, trojans, worms, etc.) uploaded to the platform by users or transmitted in attachments or descriptions of their offers and then spread from there. The user is directly responsible for not transmitting harmful software. (4) LORI is not a contractual partner or intermediary of the contract concluded using the platform, nor is it a messenger for relevant explanations. Therefore, LORI does not guarantee proper implementation of contracts agreed upon between users or achieving economic success, nor can it prevent unauthorized access to data from authorized products. The user is responsible for verifying the accuracy of data and information received from third parties. User notifications sent or displayed through the platform do not constitute any statements or opinions by LORI, nor does LORI endorse or adopt them. LORI does not guarantee that a notification or notification sent through the platform will reach its destination or be received or read by the addressed user. It also does not guarantee that the person indicated as the sender or recipient of the notification or notification is actually the person who sends or receives them. (5) The user indemnifies LORI against all obligations arising from the user's non-compliance with the purpose of this contract. LORI analogously concludes the same agreements with other users and, after prioritizing its own claims for damages, may transfer possible claims for damages against other users to the user to cover the damage. The user further indemnifies LORI against all claims and sanctions from other users, state authorities, and other third parties arising from the user's offering or providing services using the platform without the prescribed permits, insurance, licenses, etc., or in an insufficient scope or inability to present them to LORI upon request within one week. This includes costs for reasonable legal defense. LORI will immediately inform the user in case of such claims. (6) The risk of non-delivery or incorrect delivery of data transfers to the user at the moment the data leaves LORI's area of influence. (7) The limitations and exclusions of liability for damages to the user according to this contract do not apply in cases of a) intentional or grossly negligent misconduct by LORI or its authorized persons, b) culpable breach of a significant contractual obligation by LORI or its authorized persons, which must be fulfilled according to the purpose and intent of this contract or whose fulfillment is necessary for proper contract execution and compliance can generally be relied upon, c) statutory liability by LORI independent of fault, such as under the Product Liability Act, warranty provision, d) statutory liability for harm to life, body, or health by LORI or its authorized persons. (8) If the user is an entrepreneur, LORI's liability is limited to typical damages foreseeable at the conclusion of the contract as follows: a) in cases of the previous paragraph 7a) for gross negligence by authorized persons, b) in cases of the previous paragraph 7b) for simple negligence. For data loss, programs, and their recovery due to the use of the platform, LORI is only liable in cases of the previous paragraph 7a) and b) to the extent that such loss could not be prevented by reasonable preventive measures by the user, such as regular data backups. (9) Parts of the platform labeled "BETA" or "BETA version" represent essentially an unfinished product in terms of suitability for everyday use, which contains all essential functions but whose performance, compatibility, and stability are still insufficient, as all hardware and software environments or user behaviors cannot be fully simulated before release. LORI provides such a BETA product solely for non-binding testing purposes, requiring information from users about their experiences using the software. Product properties cannot be guaranteed, nor that the product will be free from significant errors. The user acknowledges that LORI's warranties are excluded in this regard, and warranty for system outages, data loss, damages caused by errors, and consequential damages or lost profits are also excluded. Before launching and using the BETA part of the platform, the user will make a complete backup of their local system, including data. LORI reserves the right to withdraw or discontinue providing such a component at any time at its discretion and without prior notice. (10) The user is responsible for using their access to the platform, refrains from any unauthorized use and attempts to download data unauthorized, either themselves or through third parties, and does not interfere with the platform. In such cases, the user bears the costs incurred, including all expenses resulting from the inspection of the equipment and/or related to deficiencies and disruptions for which the user is responsible. The user must immediately inform LORI of the possibility of unauthorized third-party access, any known or suspected data security breaches, or alleged claims against the platform and LORI, and provide all other reasonable cooperation at no cost to LORI, especially when requested by LORI and necessary measures do not exceed reasonable costs, to enable effective legal defense. (11) The user guarantees LORI that their employees and those working for them are employed in accordance with applicable legal conditions and indemnifies LORI against any liability, potential sanctions, and reasonable legal defense costs. The user assures LORI that their services are always provided in compliance with relevant applicable law and will immediately provide suitable evidence upon request by LORI. (12) All claims for damages arising from this section against LORI, based on platform defects, are time-barred one year from the provision of the license. All other claims for damages are time-barred two years after their occurrence. In cases of intentional or grossly negligent conduct by LORI, statutory provisions apply.

Complaints

(1) If LORI receives information about a user indicating that the user has culpably violated their obligations under the transport contract, this contract, or other applicable law (hereinafter: complaint), LORI is entitled, but not obliged, to forward these complaints with or without the complainant's name to the affected user or, after hearing and verifying, to other users. (2) The user against whom the complaint is directed (hereinafter referred to as the affected user) is obliged to provide LORI with a written statement on the content of the complaint without delay, but no later than one week after receiving the complaint notification, and to remedy the complaint, at least to justify the longer time needed to respond. (3) If the affected user fails to refute the suspicion of violation contained in the complaint in their response, LORI is entitled – but not obliged – to request the user to rectify the situation within one more week. This time-limited rectification request is not required if it cannot be reasonably demanded from LORI under the circumstances. (4) The rights from the above paragraphs 2 and 3, in connection with the right to block access or terminate, are granted exclusively in LORI's interest. If LORI does not exercise these rights, liability to other users is excluded. (5) LORI is not obliged to verify the received complaints. (6) The user appoints a qualified contact person authorized to make all contractual decisions and receive and make statements. LORI has the right, but not the obligation, to refuse statements from other persons from the user's company.

Extraordinary Termination, License Duration, General Provisions

(1) The duration of the usage right is governed by individually agreed licenses. During the free trial period, immediate termination is possible by both parties. (2) Each party is entitled to extraordinary termination of this contract without observing the regular notice period if there is an important reason. An important reason for extraordinary termination by LORI is, in particular, if: a) the user becomes insolvent or insolvency is imminent, b) the initiation of insolvency proceedings over the user's assets is denied due to lack of assets or if the user must make a statutory declaration, c) the user culpably violates a provision of these terms and conditions that threatens the achievement of the contract's purpose or that entitles blocking access according to section 3, paragraph 4 or 5, d) the user is in arrears for more than 14 calendar days with the payment of an amount corresponding to the monthly usage fee, or e) the relationship between individual shareholders of the user's company changes by 25% or more, or the company is represented by other persons, always concerning the state at the time of contract conclusion. f) the user, whose legal representatives or affiliated companies enter into competition with LORI. (3) The usage right applies from the moment of access provision by LORI and ends at the same time as the contractual relationship. (4) Upon termination of the contract, the user is obliged to delete any software purchased from LORI and installed on their devices immediately, excluding any right of retention, and must stop using the platform. The user must then stop sending data to the possibly agreed interface. (5) If the user is an entrepreneur, a legal entity under public law, or a special public asset under § 310 para. 1 sentence 1 of the Slovak Civil Code or has no general court of jurisdiction in Slovakia, Bratislava is agreed as the place of fulfillment and jurisdiction. Slovak law applies, excluding the UN Sales Law. (6) If LORI provides the user with translations of this contract or parts thereof, the Slovak language version remains decisive and legally binding in case of discrepancies or deviations from the Slovak version. (7) If individual provisions of these terms and conditions are ineffective, the validity of the remaining provisions remains unaffected. Instead of the ineffective provision, a valid regulation is considered agreed, which most closely corresponds to the purpose of the ineffective provision.