Verification of User and Principal Information

Subezy explicitly clarifies that the information provided by Users and Principals is not verified, and any erroneous data input only affects the relationship between the User and the Principal. Users are obligated to ensure that the data they provide is accurate and that they have the necessary authorization to use and share the data.

Influence on Transport Contract Formation

Subezy has no influence on the conclusion or non-conclusion of a transport contract between the User and the Principal. The information provided by Subezy regarding services, terms, or other information is solely intended to enable the User to make an independent and responsible decision.

The user assures that they will not enter into a transport contract with a new contact with the intention of circumventing the payment terms as outlined in Section 4.

The user will inform Subezy about all transport contracts with new contacts that are concluded and executed outside the platform.

For violations of the prohibition of circumvention, the User shall pay a reasonable contractual penalty, which will be determined by Subezy on a case-by-case basis and whose appropriateness is subject to judicial review.

The contractual penalty does not preclude the enforcement of claims for damages.

Registration on the platform is free of charge for the User.

The user and the Principal are obliged to process the payments arising from the transport contract through the platform. This obligation applies to all transport contracts with new contacts that are concluded due to the assignment or contact mediation, as well as to transport contracts carried out with the integration of management services. For this purpose, Subezy engages third-party providers.

Mediation Service: The user is obligated to pay Subezy a commission of 5% of all payments received from the Principal due to a transport contract concluded with a new contact. The obligation to pay the commission for a transport contract concluded with a new contact continues even after the termination of this service agreement.

Management Service: For the use of management services, the User is obligated to pay Subezy a usage fee of 1.5% of all payments received from the Principal for transport contracts conducted with the management services. This fee does not apply if the User has paid the commission according to Section 4.3 for a transport contract.

After concluding a transport contract, the User is obliged to promptly provide the necessary information (in particular, order volume) required for calculating the commission pursuant to Section 4.3 and the usage fee pursuant to Section 4.4, and to provide appropriate evidence (e.g., invoices). The basis for calculating the commission and the usage fee is the amounts of all payments from the transport contracts after deducting the applicable value-added tax.

The user is obliged to use the payment methods and payment services provided by third-party providers on the platform for processing the payments related to the transport contracts. The User authorizes Subezy to transmit the information required for payment processing to both the third-party provider and the Principal. The User may be required to agree to the general terms and conditions of the third-party providers.

Upon request, the user shall provide Subezy or the third-party provider with all necessary information related to anti-money laundering laws.

The user is obligated to register on the Platform. The User is required to provide the necessary information completely and truthfully.

When registering a user account (the "User Account"), the User must provide the information in the mandatory fields and choose a password. The email address and password serve as login credentials (the "Login Data"). In the last step of the registration process, the User clicks the "Register Now" button. After submitting the registration, the User will receive a registration confirmation by email, through which the Service Agreement is concluded.

The user is obliged to adequately protect login credentials and content from unauthorized access by third parties, keep passwords confidential, and secure the User Account against unauthorized access by third parties. The User shall promptly notify Subezy if the User suspects unauthorized access to the User Account and/or if there are indications of such access.

Subezy is entitled to refuse the User's registration without giving reasons. In case of a breach of these GTC, Subezy is entitled to delete the User Account or block access to the Platform. In such a case, Subezy will inform the User thereof.

The user is solely responsible for user content. The User is generally liable for all activities carried out under their User Account. The User is not liable if they are not responsible for the abusive use of their User Account.

By providing or entering user content, the User irrevocably grants Subezy the non-exclusive, worldwide, free right to use user content to fulfill and execute the Service Agreement. Subezy may also exercise the rights granted by the User content through third parties, such as agents (e.g., hosting service providers).

The user warrants that user content does not contain or spread viruses or other malicious software, such as worms or spyware, and that their transmission and proper processing by Subezy do not violate the rights of third parties or laws.

Subezy provides no guarantee for a specific availability of the Platform. Liability of Subezy for temporary unavailability of the Platform is excluded.

Subezy does not verify the information provided by the Principal on the Platform or the information provided on third-party websites. Subezy assumes no liability for the accuracy, correctness, reliability, timeliness, adequacy, and/or completeness of the information available on the Platform.

The fulfillment of the transport contract concluded on the Platform is the responsibility of the User and the Principal. They are solely responsible for complying with legal regulations in fulfilling the transport contract. Subezy provides no warranty with respect to transport contracts concluded through the Platform. Subezy has no obligation to ensure the fulfillment of the concluded transport contracts.

Subezy provides no guarantee for the actual identity and authorization of the Principals. In case of doubt, the User is recommended to obtain information about the true identity and authorization of the Principal through appropriate measures.

Section 7 applies to the benefit of employees, representatives, agents, and vicarious agents of Subezy.

The users shall indemnify Subezy from all claims by third parties that such third parties assert against Subezy due to the infringement of their rights or legal violations based on user content provided by the Users, to the extent that the respective User is responsible for such legal violation. The respective User shall also assume the reasonable costs of Subezy's legal defense in this context, including all court and attorney fees.

Subezy is not able to ensure the legal conformity of the actions of the Users before, during, or after the execution of a transport contract. The Users therefore agree to indemnify Subezy from all claims asserted by third parties against Subezy in connection with the transport contract.

The Service Agreement based on these GTC is concluded for an indefinite period. The term of the Service Agreement begins on the date of the User's successful registration.

This Service Agreement can be terminated by either party at any time with one month's notice. The parties are also entitled to terminate the Management Services with one month's notice.

The right to terminate the Service Agreement for good cause remains unaffected by this. Termination has the effect that the User will no longer have access to their User Account.

If, at the time of termination, transport contracts are being processed on the Platform, this Service Agreement and access to the User Account will continue until all transport contracts are terminated. The obligation to continue paying the commission under Section 4.3 remains unaffected.

Any termination declaration requires text or written form to be effective.

Subezy is entitled to publish and use the name and logo of the User in press releases and other marketing materials, as well as on social media platforms and elsewhere on the internet, also as reference and in connection with products and services of Subezy. Subezy will adequately consider the design specifications provided by the User to Subezy for this purpose.

The user can revoke the authorization pursuant to Section 10.1 by notifying Subezy in text or written form. The authorization of Subezy pursuant to Section 10.1 expires with effect for the future upon receipt of the revocation at Subezy. Marketing measures carried out before the receipt of the revocation remain unaffected. In particular, Subezy is not obligated to recall already published advertising materials.

Insofar as Subezy processes personal data on behalf of the User as part of the Service Agreement, this is done in accordance with the data processing agreement concluded between the Parties as part of the Service Agreement. The data processing agreement has priority in its scope of application.

German law shall apply to the Service Agreement and all claims and rights arising from or in connection with it. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

The exclusive place of jurisdiction for all disputes between the Parties arising from or in connection with the Service Agreement is Munich.

Amendments and additions to the Service Agreement shall, unless expressly agreed otherwise, be in text or written form, including a waiver of this formal requirement.

The user may only set off undisputed, legally established, or ready-for-decision claims arising from the Service Agreement against Subezy and exercise a right of retention only for such claims. The Parties may assign claims under the contract only with the consent of the other Party. § 354a of the German Commercial Code (HGB) remains unaffected

Unless expressly agreed otherwise, the place of performance for the service provided is the registered office of Subezy in Munich.

Should individual provisions of the Service Agreement be or become invalid or unenforceable, this shall not affect the validity of the other provisions. The Parties shall replace such provisions with effective and enforceable provisions that come closest to the meaning, economic purpose, and intention of the Parties. The same applies to unintentional regulatory gaps.