Terms and Conditions

Sections

1. Cookies
2. Use of Logistia
3. License
4. Hyperlinking to our Content
5. iFrames
6. Content Liability
7. Your Privacy
8. Reservation of Rights
9. Removal of links from our website
10. Disclaimer
11. Payment & Billing
12. Contact Us

Welcome to Logistia! These terms and conditions outline the rules and regulations for the use of Fespore IT SRL’s Website, located at logistia.app.

By accessing this website you accept these Terms and Conditions. Do not continue to use Logistia if you do not agree to take all of the terms and conditions stated on this page. These Terms and Conditions incorporate the Privacy Policy [link].

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Romania. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

To the largest extent possible the applicable law for these Terms and Conditions is Romanian Law and the competent courts are the Romanian Courts in Bucharest.

1.         Cookies

We employ the use of cookies. By accessing Logistia, you agreed to use cookies in agreement with the Fespore IT SRL’s Privacy Policy [link].

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

2.         Use of Logistia

The legal relation for providing the services of the Platform is between Us and a legal entity (“Client/Clients”).

The Platform does not knowingly collect PD of minors under the age of 18. We will use reasonable efforts to ensure that no minors register on the Platform. PD of minors will be erased upon request from the natural person entitled to request such deletion. This paragraph supersedes any other provision of this Privacy Policy.

We reserve the right to request additional proof and data to determine the Clients and the representatives real identity and to suspend or close the account if We are not provided with real and up to date information.

BY USING THE SERVICE, CLICKING AGREE OR OTHERWISE ASSENTING TO THIS AGREEMENT YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF YOUR EMPLOYER OR AN ENTITY FOR WHOSE BENEFIT THIS SERVICE IS BEING USED, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON THEIR BEHALF. 

This agreement is between Logistia, a Fespore IT SRL platform, and the customer agreeing to this agreement (Customer).

DELIVERY MANAGEMENT SERVICE. This agreement provides Customer with access to and usage of an Internet-based delivery management software service as specified on an order and the Logistia mobile applications (collectively, Service).

USE OF SERVICE

1. Trial. If the Customer has not agreed to pay for the Service, then the Customer is under a trial period as designated by Logistia. During the trial period, the Service is provided AS IS. All data may be deleted at the end of the trial period unless the Customer converts to a paid account.
2. Customer Owned Data. All data uploaded by Customer remains the property of Customer, as between Logistia and Customer (Customer Data). Customer grants Logistia the right to use the Customer Data solely for purposes of performing under this agreement. 
3. Contractors and Employee Access and Usage. Customer may allow its contractors (including without limitation, third-party logistics companies) and employees to access the Service in compliance with the terms of this agreement, which access must be for the sole benefit of the Customer. The customer is responsible for compliance with this agreement by its contractors and its employees.
4. Customer Responsibilities. The Customer (i) must keep its passwords secure and confidential; (ii) is solely responsible for Customer Data and all activity in its account in the Service and understands that Logistia cannot be held accountable for any errors generated by the Customer’s Data; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify Logistia promptly of any such unauthorized access; and (iv) may use the Service only in accordance with the Service’s User Guide and applicable law.
5. Logistia Support. Logistia must provide customer support for the Service.
6. Privacy. Logistia’s privacy policy describes the privacy issues in using the Service and the mobile apps. The customer acknowledges and agrees to the terms of this Privacy Policy, and that it may be modified over time.
7. API. Logistia provides access to its application-programming interface (API) as part of the Service for no additional fee. Subject to the other terms of this agreement, Logistia grants the Customer a non-exclusive, non-transferable, terminable license to interact only with the Service as allowed by the API.
   • Customers may not use the API in a manner–as reasonably determined by Logistia –that exceeds reasonable request volume, constitutes excessive or abusive usage, or fails to comply with any part of the API. If any of these occur, Logistia can suspend or terminate the Customer’s access to the API on a temporary or permanent basis.
   • Logistia may change or remove existing endpoints or fields in API results upon at least 30-days’ notice to the Customer, but Logistia will use commercially reasonable efforts to support the previous version of the API for at least 6 months. Logistia may add new endpoints or fields in API results without prior notice to the Customer.
   • The API is provided on an AS IS basis. Logistia has no liability to the Customer as a result of any change, temporary unavailability, suspension, or termination of access to the API.

3.         License

Unless otherwise stated, Fespore IT SRL and/or its licensors own the intellectual property rights for all material on Logistia. All intellectual property rights are reserved. You may access this from Logistia for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from Logistia
• Sell, rent, or sub-license material from Logistia
• Reproduce, duplicate or copy material from Logistia
• Redistribute content from Logistia

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Fespore IT SRL does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Fespore IT SRL, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Fespore IT SRL shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Fespore IT SRL reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive, or causes a breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy
• Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Fespore IT SRL a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

4. Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

Government agencies;

• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups that may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law, and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Fespore IT SRL, and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site. If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Fespore IT SRL. Please include your name, your organization name, and contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Fespore IT SRL’s logo or other artwork will be allowed for linking absent a trademark license agreement.

5. iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

6. Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

7. Your Privacy

Please read Privacy Policy [link].

8. Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

9. Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly. We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

10. Disclaimer

You agree to indemnify and hold harmless Logistia and its officers, directors, employees, and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use o four products or services, (b) your data on our systems, or (c) your breach of any of these Terms.

Our products and services and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-4/5INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We take no responsibility and assume no liability for any user-generated content that you or any other user or third party posts or transmits using our products. You understand and agree that you may be exposed to user-generated content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

To the fullest extent permitted by law, we exclude all representations and warranties relating to this website and its contents or which are or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and exclude all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems, and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

EXCLUSION OF INDIRECT DAMAGES. LOGISTIA IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, COSTS OF DELAY; LOSS OF DATA, RECORDS, OR INFORMATION; AND LOST PROFITS), EVEN IF IT KNOWS OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

TOTAL LIMIT ON LIABILITY. LOGISTIA’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT, OR OTHERWISE) DOES NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER WITHIN THE LAST MONTH’S PERIOD PRIOR TO THE EVENT THAT GAVE RISE TO THE LIABILITY.

11.    Payment & Billing

Payment

Customer must pay all fees as specified on the order, but if not specified then within 30 days of receipt of an invoice. No refunds of prepaid fees, unless otherwise provided in this agreement. Customer is responsible for the payment of all sales, use, withholding, VAT and other similar taxes. This agreement contemplates one or more orders for the Service, which orders are governed by the terms of this agreement. Customer must provide current, complete and accurate billing and credit card information. Customer agrees to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. 

Billing

1. Definition of order. Logistia defines an order as the core unit of work to be completed by drivers (e.g. a pickup or delivery). For billing purposes, tasks are counted when optimized (routed) through Logistia’s platform. 
2. Trial Program.
   1. Logistia offers a 14-day free trial program to give you time to determine whether the platform is a good fit for your needs. If you have any questions during your trial period, please contact hello@logistia.app. Once your 14-day free trial has ended you will be required to choose a plan from the Subscription menu in your administrator’s account. If you do not select a plan once the trial has completed, then there will be no charges made on your credit card. For more information about our available plans, see Logistia’s pricing.  
   2. You agree to comply with any additional terms, restrictions, or limitations connected to any Trial program. You may not sign up for multiple Accounts in order to receive additional Trial Program benefits. We may terminate or suspend a Trial Program at any time without notice or liability, and in our sole discretion, and we reserve the right to adjust pricing relative to any service offered through a Trial Program. We are not responsible or liable for any adverse impact caused by or connected with a Trial Program. 
3. Monthly plans: You will be immediately charged an amount for the selected plan to cover the next month. On the displayed billing date in the Subscription menu of your account, you will be automatically charged for the selected plan.
4. Annual plans: You will be immediately charged an amount for the selected plan to cover the next 12 months. On the displayed billing date in the Subscription menu of your account, you will be automatically charged for the selected plan.
5. Upgrades: You may upgrade your plan at any time from the Subscription menu of your account.
   1. Monthly Upgrades: If you have a monthly plan and upgrade to a higher-cost monthly plan, you will be charged a prorated amount for the remainder of the month and will immediately have access to the features of the new plan.
   2. Annual Upgrades: If you have an annual plan, you will be charged a prorated amount for the remainder of the year and will immediately have access to the features of the new plan.
6. Downgrades: You may downgrade your plan within 30 days of the end of your plan renewal date. You will maintain access to your current plan’s feature set until the end of the displayed billing date in the Subscription menu of your account, at which time you will be automatically downgraded to the new plan.
7. Credit Card Information: We do not store your credit card information, so none of your sensitive billing information ever hits our servers. We use Paylike, a PCI Service Provider Level 1 certified (the most stringent level of certification) payment processor to handle our recurring billing needs.
8. Cancel account
   1. Trial period: It is not necessary to cancel a trial account. If the trial period expires and you do not choose a plan, no amount will be charged to your credit card. 
   2. Active Plans: To request the cancellation of your account, simply click the Cancel Plan button displayed under your current active plan.
   3. Refunds:
      1. We firmly believe in and stand behind our products 100%, but we understand that they cannot work perfectly for everyone all of the time. If you would like to request a refund, you need to email us at hello@logistia.app with your request and we will process it in 7 business days.
      2. Eligibility conditions for a refund request:
         1. You are within the first 14 days of the original purchase of the service.
            • We cannot grant refunds after the first 14 days of the original purchase.
            • We cannot grant refunds on renewal payments. You may cancel your subscription plan at any time from your account.
         2. You have purchased the plugin/subscription, and after installing and testing the plugin, have found that it will not work for your business or required setup.
      3. Refunds will be offered at our sole discretion. By purchasing from our site, you agree to this refund policy and relinquish any rights to subject it to any questions, judgment, or legal actions. We are not liable to cover any differences in exchange rates between the time you purchased and the time you are refunded.

12.    Contact Us

If you have any questions about this Agreement, please contact us at hello@logistia.app.

This Agreement was last modified on July 26, 2022.