Terms of Service

1. General Provisions

These Terms of Service ("Terms") govern the use of the Cargly platform (cargly.co), a logistics marketplace operated by DAICISION s.r.o., registered in the Commercial Register of the District Court Bratislava III, Section: Sro, File No. 188504/B, with registered office at Lermontovova 911/3, 811 05 Bratislava, Slovak Republic, IČO: 56990596 ("Platform", "we", "us").

By registering and using the Platform, you agree to these Terms. If you do not agree, you must not use the Platform.

2. Services

Cargly connects shippers (individuals and businesses needing to send goods) with carriers (individuals and businesses offering transport services) across the European Union, specifically in Slovakia, Czech Republic, Poland, Hungary, Germany, and Austria.

Cargly acts as an intermediary platform and is not a party to the transport agreement between shipper and carrier. The transport contract is concluded directly between the shipper and the carrier. Cargly does not act as a freight forwarder, carrier, or logistics operator.

3. User Accounts

Users must be at least 18 years of age to register. Users must provide accurate and complete registration information. Business accounts must provide valid company registration details (IČO, DIČ, IČ DPH where applicable). Users are responsible for maintaining the security of their account credentials.

We reserve the right to verify business account information in accordance with the Digital Services Act (EU) 2022/2065, Article 30. Carriers offering transport services on the Platform must provide valid identification and, where applicable, professional licenses.

4. Payments & Escrow

All payments are processed through Stripe, a licensed payment institution. When a shipper accepts a carrier's bid, the payment is authorized (held in escrow) but not captured until the shipper confirms delivery. Stripe acts as the regulated payment intermediary — Cargly does not hold user funds.

The Platform charges a commission fee (displayed before booking confirmation) deducted from each transaction. Commission rates are disclosed transparently in accordance with the Platform-to-Business Regulation (EU) 2019/1150.

5. Commission & Fee Transparency

The Platform charges a service commission on each completed transaction. The current commission rate is displayed at the time of booking and on the booking confirmation page. Commission is calculated as a percentage of the agreed transport price and is deducted from the carrier's payout.

Shippers pay the full agreed price. Carriers receive the agreed price minus the Platform commission. Detailed breakdowns are provided on all invoices.

6. Matching & Ranking Transparency

In accordance with the Platform-to-Business Regulation (EU) 2019/1150, we disclose that shipments and routes are matched and ranked based on: geographic proximity between pickup/delivery locations and carrier routes, date overlap between shipment windows and route schedules, and available weight capacity. No paid promotion or preferential treatment affects ranking.

7. GPS Tracking

Carriers may opt to share their GPS location during active transports. GPS data is shared only with the shipper of the specific shipment and only during the active transport period. If a carrier disables GPS during an active transport, the shipper is immediately notified and may refuse payment release.

GPS tracking is voluntary and consent-based. Carriers can manage tracking preferences in their account settings at any time.

8. Transport Contract & CMR Convention

Cross-border transport contracts concluded through the Platform are subject to the Convention on the Contract for the International Carriage of Goods by Road (CMR). Under CMR, the carrier is liable for total or partial loss of goods and for damage occurring between the time of taking over the goods and delivery, as well as for delay in delivery.

Users are strongly advised to agree on appropriate cargo insurance for each shipment. Cargly does not provide cargo insurance and is not liable for loss, damage, or delay during transport.

9. Cancellation & Refunds

Shippers may cancel a booking before the carrier has picked up the shipment. If payment has been authorized but not captured, the authorization will be cancelled and no charges will apply.

After pickup, cancellation is subject to mutual agreement between shipper and carrier. If a dispute arises, the shipper may refuse payment release only in cases where GPS tracking was disabled mid-transport.

9a. Consumer Right of Withdrawal (EU Distance Contracts)

If you are a consumer (a natural person acting outside your trade, business, or profession) and you contract for services via the Platform, you may have the right to withdraw from the contract within 14 days without giving any reason, in accordance with the Consumer Rights Directive 2011/83/EU and Slovak Act No. 102/2014 Coll.

Exception for transport services: Pursuant to Article 16(b) of the Consumer Rights Directive, the right of withdrawal does not apply to contracts for transport services where performance has been fully completed with the consumer's prior express consent and acknowledgement that the right of withdrawal will be lost once the service is fully performed.

What this means for you:

• Before the carrier picks up your shipment, you may cancel free of charge (see Section 9 above)
• By confirming a booking and consenting to immediate commencement of the transport service, you acknowledge that you will lose your right of withdrawal once the transport is fully performed (i.e., delivery is completed)
• If the service has been partially performed at the time of withdrawal, you may be liable for a proportionate share of the price corresponding to the service provided up to the point of withdrawal

To exercise your right of withdrawal (where applicable), you must inform us of your decision by a clear statement (e.g., an email to support@cargly.co) before the expiry of the withdrawal period. You may also use the model withdrawal form provided by the European Commission, but this is not mandatory.

10. User Responsibilities

• Shippers must accurately describe shipment contents, dimensions, and weight
• Carriers must hold valid transport licenses where required by law
• Users must not ship prohibited, illegal, or dangerous goods without proper declaration
• Users must comply with all applicable national and EU transport regulations
• Business users must provide accurate tax identification for DAC7 reporting

10a. Carrier Obligations & Operating Compliance

Carriers offering transport services on the Platform must comply with the following requirements. By registering as a carrier and selecting countries of operation, you formally declare compliance with these obligations:

• You must hold valid transport licenses issued by the competent authority in each country where you operate, or a valid EU Community License recognised under EU Regulation 1071/2009.
• You must hold a valid certificate of professional competence (CPC) for road freight transport, as required by national law and EU Regulation 1071/2009.
• You must maintain valid cargo liability insurance covering goods in transit for the full duration of your operating activities, with coverage adequate for the markets in which you operate.
• You accept full liability for loss, damage, or delay of goods from the time of taking over until delivery, in accordance with the CMR Convention (Articles 17-29) and applicable national transport law.
• You must ensure all drivers hold valid driving licenses, Driver Qualification Cards (CPC), and medical fitness certificates as required by applicable law.
• You must comply with EU Regulation 561/2006 on driving times and rest periods, Regulation 165/2014 on tachographs, and all national implementations thereof.
• You must comply with all country-specific regulations for each country in which you operate, including but not limited to: cabotage restrictions, minimum wage obligations for posted workers, road tolls, and ADR regulations for dangerous goods.
• You must notify Cargly immediately of any revocation, suspension, or material change to your transport licenses, insurance coverage, or professional qualifications.
• Providing false information about licenses, insurance, or qualifications constitutes grounds for immediate removal from the Platform and may result in legal action.

Your countries of operation and the date of your formal declaration are recorded in your account. You may add additional countries through your account settings, subject to accepting the country-specific operating agreement for each.

10b. Shipper Obligations

Shippers using the Platform to arrange transport must comply with the following obligations. By registering as a shipper, you formally acknowledge and accept these responsibilities:

• You must provide accurate and complete descriptions of all goods offered for transport, including weight, dimensions, nature, value, and any special handling requirements.
• You must not offer prohibited, illegal, or undeclared dangerous goods for transport. If goods fall under ADR (Dangerous Goods) classification, you must declare this at the time of booking.
• You acknowledge your obligations as sender under the CMR Convention (Article 7), including providing the carrier with all documentation and information necessary for transport.
• You are liable for damages resulting from inaccurate or incomplete shipment descriptions, including undeclared dangerous goods or prohibited items.
• You must ensure all goods are properly packaged and labelled in accordance with applicable transport and safety regulations.
• You must comply with all export control, sanctions, and customs regulations applicable to the goods being shipped.
• You understand that the transport contract is between you and the carrier directly. Cargly acts as an intermediary platform and is not a party to the transport agreement.

Your acceptance of the Shipper Agreement and the date thereof are recorded in your account.

11. Liability

Cargly is not a party to the transport contract and is not liable for damages to shipments during transport. Cargly provides the platform infrastructure and intermediation service only.

Cargly's liability is limited to direct damages caused by intentional misconduct or gross negligence on the part of Cargly, up to the amount of fees collected by Cargly in the 12 months preceding the claim.

12. Complaint Handling

In accordance with the Platform-to-Business Regulation (EU) 2019/1150, we provide an internal complaint-handling system for business users. Complaints may be submitted to support@cargly.co and will be addressed within 15 business days.

13. Mediation

In the event a complaint cannot be resolved internally, business users may refer the dispute to mediation. We are willing to engage with the following mediation body: the Centre for Effective Dispute Resolution (CEDR) or any equivalent body agreed upon by the parties.

14. Account Termination

We may restrict, suspend, or terminate a user account for material breach of these Terms, with at least 30 days prior notice and a statement of reasons, in accordance with the Platform-to-Business Regulation. This notice period does not apply in cases of repeated infringement, legal obligation, or urgent safety reasons.

Users may delete their account at any time. Pending transactions must be completed or cancelled before account deletion.

15. Intellectual Property

All Platform content, design, code, and branding are owned by DAICISION s.r.o. and protected by copyright and trademark laws. Users retain ownership of content they submit (shipment descriptions, images, messages) but grant Cargly a non-exclusive license to display it on the Platform.

16. Force Majeure

Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including natural disasters, war, pandemics, government actions, strikes, or infrastructure failures.

17. Online Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform for consumers: https://ec.europa.eu/consumers/odr

18. Governing Law & Jurisdiction

These Terms are governed by the laws of the Slovak Republic. For business users, disputes shall be resolved by the competent courts of the Slovak Republic. Consumer users retain the right to bring proceedings in the courts of their Member State of domicile in accordance with Regulation (EU) No. 1215/2012.

19. Changes to Terms

We may update these Terms from time to time. Business users will be given at least 15 days notice before changes take effect, in accordance with the P2B Regulation. Material changes will be communicated via email. Continued use after changes constitutes acceptance.