General terms and conditions (AGB)

Please note: These Terms and Conditions have been automatically translated into English for your convenience. In case of any discrepancies or legal interpretation, the original German version shall prevail:
‍https://www.route-wise.com/nutzungsbedingungen

Status - March 2025


SCOPE

‍These general terms and conditions (hereinafter “terms and conditions”) apply to the use of the online platform “Routewise” (hereinafter referred to as “platform”), which is operated by Routewise GmbH (hereinafter referred to as “provider”). The platform is used to arrange transport services and to provide information and services related to logistics. The terms and conditions apply to all users of the platform through and during use of the platform.

The currently valid version of the general terms and conditions is binding. The provider reserves the right to change the terms and conditions at any time. Changes come into force as soon as they are published on the platform. Deviating, conflicting or supplementary general terms and conditions of the users do not become part of the contract, unless their validity has been expressly agreed in writing.

The user's consent to the currently valid terms and conditions is considered to have been given by using the platform. In the event of a timely and formal objection by the user, the contractual relationship remains in place under the previous conditions. In this case, the provider reserves the right to cancel the contractual relationship as soon as possible.

Any ancillary agreements and conditions that conflict with these terms and conditions do not apply and are expressly rejected.

Routewise's offer is aimed exclusively at entrepreneurs within the meaning of Section 14 BGB or legal entities under public law. For application to foreign companies, an entrepreneur within the meaning of Section 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.


‍DEFINITION OF PARTIES AND USER GROUPS

• Provider/Platform - Routewise is the platform that provides software for the transfer of inquiries and orders in the described scope of use.
• ‍Shipper — Is the customer/client who manages and publishes their transport inquiries and orders via the platform.
• ‍Carrier — Is the carrier who can make binding bids on offers from shippers and, after successful awarding, carries them out himself or through his vicarious agents (e.g. established employees and drivers).

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‍SUBJECT MATTER OF THE CONTRACT

‍These terms and conditions govern the use of the platform to arrange transport services and logistical information. Users can create, accept and manage inquiries and orders and communicate with each other within the scope of technical possibilities.

The platform is not a contractual partner of a transport, forwarding or other contract between users concluded via the platform. This is concluded directly between users on the basis of all legal frameworks and, if applicable, individually agreed conditions. The provider does not guarantee the accuracy and completeness of the information provided by users on the platform. The platform does not guarantee the proper execution of the agreed contracts between users.

Additional features and services on the platform may be paid or free of charge and may change. Scope of services, costs and billing are regulated in the respective individual agreements and price lists.

A contract for the use of the platform is concluded between the user and the platform through registration and activation based on the selected tariff or individual agreements between the user and the platform. The user's activation by the provider is based on these agreements. By using them, the user accepts the currently valid version of these terms and conditions.

The provider reserves the right to refuse a user's registration without giving reasons. The user is obliged to provide truthful information when registering and to update it immediately in the event of changes.


DUTIES OF THE USER

The user undertakes to:

• To use the platform in accordance with these terms and conditions, all applicable laws, regulations, regulatory requirements, the privacy policy and all applicable appendices (annex).
• Provide all information that he provides on the platform truthfully and completely and to update it immediately if there are any changes.
• Not to use the platform for illegal or fraudulent purposes or to infringe the rights of third parties.
• Not to use the platform in a way that could impair the functionality of the platform or jeopardize the security of the data stored on the platform.
• Comply with all applicable data protection regulations and respect the privacy of other users of the platform.
• To fulfill the binding contracts concluded between users on the platform (by the carrier's bid, or by the shipper's surcharge) for the performance and performance of services (e.g. timely provision of vehicles, proper execution, payments of services, freight, etc.).
• Indemnify the provider from all third-party claims based on a violation of these terms and conditions or illegal use of the platform by the user.
• To bear the costs of Internet access and the necessary hardware yourself.

A transport order is concluded when the carrier is commissioned by the shipper in response to a previous offer from the carrier. Withdrawal from the offer by the carrier is only possible before the order is placed by the shipper. As a result, the carrier disqualifies itself for further bids for this order.

In the event of violations or misuse of the platform by the user, the provider has the right to restrict and, if necessary, block use of the platform and to take legal action. Blocking does not release the user from his obligation to pay the agreed fees.

To activate the system, the provider can request the provision and deposit of documents and evidence (e.g. registry extracts, insurance, licenses, etc.). If necessary, these can be made available to users as part of an order.


‍USE OF THE PLATFORM BY THIRD PARTIES

‍The user undertakes to use the “Routewise” platform exclusively for their own use. Any transfer of access data to third parties or use of the platform by unauthorized persons is prohibited. Reselling or posting content from the platform on other platforms is also not permitted. In case of violation of these provisions, the provider reserves the right to block the user's access to the platform without prior notice and to take legal action.

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‍PRICES AND PAYMENT TERMS

‍The use of the “Routewise” platform is chargeable and depends on the selected functions and services in accordance with the current price list or the individually concluded contract. The provider reserves the right to adjust prices and scope of use and shall inform the user accordingly.
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The user is obliged to pay the agreed terms and costs immediately upon receipt of the invoice or after expiry of the billing period, unless individual agreements have been made otherwise. Payment can be made using the payment methods integrated on the platform or shown on the invoice. Complaints regarding invoicing must be made directly and in writing.

In the event of late payment, the provider is entitled to charge default interest of 5 percentage points above the base interest rate and to block the user from using the platform until the outstanding claims have been settled.


‍WARRANTY

‍If the platform does not have the agreed scope of use or a service offered on it, the user is obliged to report these deficiencies to the provider immediately. The provider will endeavour to correct the reported deficiencies within a reasonable period of time.
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The provider is only liable for damage suffered by the user as a result of the use of the platform, only if these damages are based on an intentional or grossly negligent breach of duty by the provider. The provider is not liable for damage caused by force majeure, technical faults or other events beyond the provider's control. The provider is not liable for damage caused by the use of content or services provided by third parties on the platform.

The provider assumes no liability for inaccurate or incorrect information by the user or due to improper use of the platform.

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‍DATA PROTECTION
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‍The provider undertakes to comply with the applicable data protection regulations. The current version of the data protection regulations is available at: https://www.route-wise.com/datenschutz

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‍FINAL PROVISIONS

‍The provider is entitled to transfer the rights and obligations under this contract to a third party.
The user is obliged to use the “Routewise” platform exclusively for their own use and not to pass it on to third parties.

The user is responsible for compliance with all legal provisions and regulations in connection with the transport services that he arranges or uses via the platform. The provider assumes no liability for the proper performance of transport services or the quality of the transported goods.

When creating, accepting and managing transport orders, the user - in this case the shipper - is obliged to provide and verify all necessary information and documents required for proper and legally compliant transportation by the carrier. The provider assumes no liability for the accuracy, completeness or timeliness of the information and documents provided, which are exchanged on or via the platform.

The user - in this case the carrier and its vicarious agents - is obliged to comply with all national and international laws, regulations, guidelines, official requirements, special regulations on transport and transported goods (e.g. ADR, refrigerated goods, etc.) as well as the shipper's individual agreements and requirements.

These conditions include the General Data Protection Statements and the relevant annex.


‍SEVERANCE CLAUSE

‍Should individual provisions of these terms and conditions be or become invalid or unenforceable, the effectiveness of the remaining provisions remains unaffected. Instead of the invalid or unenforceable provision, a valid and enforceable provision is considered to have been agreed which comes closest to the economic purpose of the invalid or unenforceable provision.