Terms for the use of alogtra PRO Suite and modules

1. Scope

1.1. These General Terms and Conditions (GTC) apply to all contracts concerning the use of the SaaS platform alogtra PRO Suite (hereinafter “Platform”), operated by tonik24 trading, S.L., with registered in 35100 Las Palmas, C/los Geranios, 3, Spain (hereinafter “Provider”).

1.2. The offer is directed exclusively at business customers (companies, merchants, professionals, legal entities under public law). Use by consumers within the meaning of Spanish consumer law is excluded.

1.3. Deviating, conflicting or supplementary terms of the customer shall only become part of the contract if expressly agreed in writing by the Provider.

2. Subject matter of the contract

2.1. The Provider makes the Platform available to the customer as Software-as-a-Service (SaaS) via the Internet.

2.2. The Platform is used for the calculation, management and optimisation of transport and logistics services.

2.3. For forwarding instances: If a forwarding company provides the Platform to its own customers, that company alone is responsible for the content, tariffs, contract management and the terms applicable to its customers. In such cases, the Provider only supplies the technical infrastructure.

3. Conclusion of contract and user accounts

3.1. Use of the Platform requires registration.

3.2. The contract is concluded upon acceptance of the customer’s application by the Provider.

3.3. Access data must be kept confidential and may not be disclosed to third parties.

4. Services of the Provider

4.1. The Provider makes the Platform available in its current version via the Internet.

4.2. The Provider undertakes to provide the software but does not guarantee any specific economic results or calculation outcomes.

4.3. Updates, patches and functional enhancements are carried out at the Provider’s discretion.

5. Obligations of the customer

5.1. The customer undertakes to use the Platform only in compliance with applicable laws.

5.2. The customer is responsible for the accuracy and completeness of the data entered.

5.3. The customer shall prevent unauthorised third-party access by appropriate security measures.

5.4. For forwarding instances: The respective forwarding customer is obliged to provide its own GTC, privacy policies and mandatory information to its end customers. The Provider assumes no responsibility in this regard.

6. Remuneration and payment terms

6.1. Use of the Platform is subject to payment unless expressly agreed otherwise (e.g. free trial).

6.2. Prices are based on the price list valid at the time of order.

6.3. Payments are due in advance and without deduction.

7. Availability

7.1. The Provider guarantees 98% average monthly availability of the Platform.

7.2. Downtime due to force majeure, necessary maintenance work or circumstances attributable to the customer are excluded.

8. Warranty

8.1. The Provider assumes no warranty for the correctness, completeness or economic viability of the results generated by the Platform.

8.2. Incorrect calculations do not release the customer from the obligation to verify the plausibility of the results independently.

8.3. Transparency and disclosure requirements (Art. 52 EU AI Act): AI is not error-free. As a user of the software, you are responsible for AI results. Results must therefore be validated by the customer at regular intervals. Please check the results regularly during use — ideally through your quality management, a so-called “human in the loop” — and document the AI results (the output). Perform regular risk analyses to identify potential liability risks at an early stage and minimize them through appropriate measures.

9. Disclaimer and limitation of liability

9.1. The Provider is fully liable for damages resulting from injury to life, body or health, as well as for damages caused intentionally or by gross negligence.

9.2. In cases of slight negligence, the Provider shall only be liable for typical, foreseeable damages under the contract and limited to the amount of fees paid by the customer in the last 12 months.

9.3. Any further liability, in particular for indirect damages, lost profits, loss of data or consequential damages, is excluded.

9.4. The disclaimer does not apply where mandatory statutory provisions provide otherwise.

10. Data protection

10.1. The processing of personal data is carried out in accordance with the GDPR, the Spanish LOPDGDD and the Provider’s privacy policy.

10.2. The customer remains responsible for the legality of the data uploaded.

10.3. In forwarding instances, the respective forwarding company is responsible for compliance with all data protection obligations towards its end customers.

11. Term and termination

11.1. Unless otherwise agreed, the contract term is 12 months and will automatically renew for another 12 months unless terminated with 30 days’ notice prior to expiry.

11.2. The right to extraordinary termination for good cause remains unaffected.

12. Intellectual property

12.1. All rights to the Platform, underlying software, trademarks and logos remain with the Provider.

12.2. The customer receives only a simple, non-transferable right of use for the duration of the contract.

13. Applicable law and jurisdiction

13.1. The law of the Kingdom of Spain shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

13.2. The exclusive place of jurisdiction for all disputes arising from this contract is the Provider’s registered office, provided the customer is a business, a legal entity under public law or not considered a consumer under Spanish law.

14. Final provisions

14.1. Amendments and supplements to these GTC must be made in writing.

14.2. Should any provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.