This is a translation. In case of any discrepancy, the Czech version prevails.
These terms govern the rental of the Palletoo software and the supplementary sale of consignment shipping by Hifour s.r.o. to businesses. The Service is not intended for consumers.
1. Introductory provisions and definitions
1.1 These terms and conditions (T&C) are issued by Hifour s.r.o., Company ID 47537841, VAT ID CZ47537841, with its registered office at Dobrovského 1076/36, 170 00 Prague 7, Czech Republic, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 17944 ("Palletoo", the "Provider"), and govern the rights and obligations arising from the use of the Palletoo application pursuant to Section 1751 of Act No. 89/2012 Coll., the Civil Code.
1.2 Definitions:
- Service – the Software and Palletoo Shipping provided by the Provider via app.palletoo.com.
- Software – the Palletoo shipment management software provided as a service (SaaS), in particular management of Own Carriers, requests, orders, consignment tracking and documents.
- Palletoo Shipping – a supplementary service: carriage of a consignment that the Customer orders from the Provider and that the Provider arranges in its own name through Partner Carriers.
- Own Carrier – a carrier with which the Customer has a direct contractual relationship and with which it communicates or places orders via the Software.
- Partner Carrier – a carrier through which the Provider arranges Palletoo Shipping.
- Customer – a business or legal entity that has concluded a contract with the Provider.
- User – a natural person to whom the Customer has granted access to its account.
- Plan – the scope of Software features and their price under the current price list.
- Customer Data – all content the Customer and its Users enter into or create in the Service (shipments, requests, carriers, documents, communication).
1.3 The Service is intended exclusively for businesses for their business activities. By concluding the contract, the Customer confirms that it is not a consumer. Sections 1799 and 1800 of the Civil Code on adhesion contracts shall not apply.
2. Conclusion of the contract and user account
2.1 The contract is concluded upon completing registration and confirming acceptance of the T&C and the Data Processing Agreement, or by signing an individual order (for the Enterprise plan). Individual arrangements take precedence over the T&C.
2.2 The person registering represents that they are authorised to act on behalf of the Customer.
2.3 The Customer provides true and complete information at registration and updates it without undue delay.
2.4 The Customer is responsible for the conduct of its Users in the Service and for the security of their login credentials. The Customer will report any suspected misuse of the account without undue delay to support@palletoo.com.
2.5 The Provider may refuse registration or suspend an account if the Customer's information is clearly false or there is a risk of misuse of the Service.
3. The Service and Palletoo's position
3.1 The Service has two parts: the Software, which the Customer uses under its chosen Plan, and Palletoo Shipping as a supplementary service. Palletoo Shipping can be ordered under all Plans, including the free one.
3.2 Software and Own Carriers. When the Customer works with Own Carriers, Palletoo provides software only. This applies both to sending requests and orders by email and to orders placed through a carrier's interface using the Customer's credentials (Art. 5.4). The contract of carriage is concluded by the Customer directly with the Own Carrier, which is responsible for its performance and for the consignment, invoices the Customer and handles claims with the Customer. Palletoo is not a party to that contract and is not liable for the conduct of Own Carriers, their prices, dates or the content of their offers.
3.3 Palletoo Shipping. For Palletoo Shipping, the Customer's contracting party is the Provider. The Provider arranges the carriage in its own name through Partner Carriers, invoices it, handles claims and is liable to the Customer for the consignment to the extent set out in the Shipping Terms (Annex 1).
3.4 For each order, the Software clearly indicates whether it is an order with an Own Carrier or Palletoo Shipping.
3.5 Features using artificial intelligence (e.g. reading documents and carrier replies) are an aid. The Customer checks the outputs before use; Palletoo does not guarantee their completeness or accuracy.
3.6 The Provider may continuously develop the Service and change its features. The Provider will give at least 30 days' notice of any material reduction in paid Software features; the Customer may then terminate the contract with immediate effect and receive a pro-rata refund of the subscription.
4. Plans, prices and payment terms
4.1 The price of the Service follows the Plan price list published at www.palletoo.com/cenik on the date of the order, or an individual offer. Prices are exclusive of VAT.
4.2 The subscription is billed monthly or annually, as chosen by the Customer, in advance. Invoices are due within 14 days of issue by bank transfer or payment card.
4.3 If payment is more than 7 days overdue, the Provider may, after prior email notice, restrict the Service to read-only and data export mode. This does not affect the right to late-payment interest or other claims.
4.4 Upgrading to a higher Plan takes effect immediately and the difference is billed pro rata. Downgrading to a lower Plan takes effect from the next billing period.
4.5 The Provider may change the price list; the change applies to the Customer from the first billing period starting after 30 days from its announcement. If the Customer disagrees, it may terminate the contract as of the effective date of the change.
4.6 Subscription fees paid are not refunded upon termination by the Customer unless these T&C provide otherwise.
4.7 Palletoo Shipping is invoiced at the price confirmed when the consignment is ordered, by a consolidated invoice for the relevant billing period. The price may subsequently be increased only by surcharges for information the Customer stated incorrectly (e.g. weight, dimensions, address) or for additional services requested, in accordance with the Shipping Terms.
5. Customer obligations and connected mailbox
5.1 The Customer uses the Service in compliance with the law and must not, in particular:
- use it to send unsolicited commercial communications,
- load it beyond normal use, circumvent its security or introduce malicious code into it,
- make it available to third parties other than its Users or resell it.
5.2 The Customer is responsible for the content of Customer Data and for being entitled to enter it into the Service and pass it to carriers.
5.3 Connected mailbox. In the Pro and Enterprise plans, the Customer may connect a Google or Microsoft 365 mailbox so that requests are sent from its own address. Palletoo sends an email only when a User confirms it in the Service, and only to carriers the Customer has specified. The Customer is responsible for the content of requests sent and for being permitted to send such messages to the recipients. The mailbox can be disconnected at any time in Settings.
5.4 Credentials for Own Carriers. The Customer may store in the Software credentials for its accounts with Own Carriers (API keys, login details) in order to order shipments under its own contracts via the Software. The Provider stores them encrypted and uses them solely for actions that a User confirms in the Software. The Customer is responsible for being permitted to use them in this way under the Own Carrier's terms and for orders placed through its account. The Customer changes or revokes credentials with the Own Carrier.
5.5 In the event of a serious or repeated breach of this article, the Provider may suspend access and, if the Customer fails to remedy the breach after being asked to do so, terminate the contract with immediate effect.
6. Service availability and liability
6.1 The Provider endeavours to keep the Service continuously available but does not guarantee it. Planned maintenance is announced in advance and carried out preferably outside business hours. Guaranteed availability (SLA) may be agreed individually in the Enterprise plan.
6.2 The Provider is not liable for outages caused by force majeure, by third parties outside its control (e.g. internet, email or carrier API providers) or by improper use of the Service by the Customer.
6.3 The Provider's total liability for damage in connection with the Software is limited to the amount the Customer paid for the subscription in the 12 months preceding the damage. The Provider is not liable for lost profits, loss of business opportunities or indirect damage. Liability for consignments under Palletoo Shipping is governed by the Shipping Terms (Annex 1) and, for international road carriage, by the CMR Convention.
6.4 The limitation under Art. 6.3 does not apply to damage caused intentionally or by gross negligence, to harm to a person's natural rights (Section 2898 of the Civil Code), or where excluded by law.
6.5 The Customer must take reasonable measures to prevent damage, in particular by checking Service outputs before use and regularly exporting data that is critical to it.
7. Intellectual property, data and personal data protection
7.1 All rights to the Service, its software, design and trademarks belong to the Provider. For the term of the contract, the Customer receives a non-exclusive, non-transferable right to use the Service within the scope of its Plan.
7.2 Customer Data belongs to the Customer. The Provider uses it only to provide the Service and does not use it to train or improve artificial intelligence models. The Customer may export its data at any time.
7.3 The Provider may use anonymised and aggregated Service usage data that does not identify the Customer or any person to improve the Service.
7.4 The Provider may use free of charge any suggestions and proposals for developing the Service that the Customer shares with it.
7.5 Personal data. Personal data in Customer Data relating to work with the Software and Own Carriers is processed by the Provider as a processor under the Data Processing Agreement, which is an annex to and an integral part of these T&C. Personal data relating to Palletoo Shipping and data necessary to run the account and invoicing is processed by the Provider as a controller under the Privacy Policy.
7.6 The parties keep confidential the other party's confidential information obtained in connection with the contract, including after it ends.
8. Term and termination
8.1 The contract is concluded for an indefinite period. The subscription renews automatically for further billing periods.
8.2 The Customer may terminate the contract at any time in the account settings or by email; termination takes effect at the end of the paid billing period.
8.3 The Provider may terminate the contract with 30 days' notice, or with immediate effect in the event of a material breach by the Customer (in particular payment more than 30 days overdue or breach of Art. 5).
8.4 After the contract ends, the Customer may export its data for 30 days. The Provider will then delete it in accordance with the Data Processing Agreement, except for data it must retain by law.
9. Final provisions
9.1 Changes to the T&C. The Provider may reasonably amend the T&C (Section 1752 of the Civil Code), in particular due to changes in the Service, the law or business conditions. The Provider will announce a change by email or in the application at least 30 days before it takes effect. A Customer who disagrees may terminate the contract without penalty before the change takes effect; otherwise the change is deemed accepted.
9.2 Communication between the parties is electronic, to the contact email of the Customer's account and to support@palletoo.com.
9.3 The Customer may not assign its rights under the contract without the Provider's consent. The Provider may assign the contract to a successor as part of a transfer of its business or part of it.
9.4 The contract is governed by the laws of the Czech Republic. Disputes are decided by the general courts of the Czech Republic; the court with jurisdiction is the one competent for the Provider's registered office.
9.5 If any provision is invalid, the remaining provisions remain in force and the parties will replace it with a provision closest to its purpose.
9.6 The Shipping Terms (Annex 1) and the Data Processing Agreement are annexes to and an integral part of these T&C. The Shipping Terms take precedence over the other provisions of the T&C for Palletoo Shipping; the Data Processing Agreement takes precedence in matters of personal data protection.
Annex 1 – Shipping Terms (Palletoo Shipping)
S1. Scope. These Shipping Terms govern Palletoo Shipping. The Provider acts towards the Customer as the carrier and performs the carriage through Partner Carriers. They do not apply to shipments with Own Carriers (Art. 3.2 of the T&C). For international carriage, the mandatory provisions of the applicable international convention prevail, in particular the CMR Convention (road), the Montreal Convention (air) and the CIM Uniform Rules (rail); for sea carriage, the rules stated in the bill of lading. For domestic carriage, Section 2555 et seq. of the Czech Civil Code applies.
S2. Types of carriage. The Provider offers road (parcel, pallet, LTL and FTL), sea, air and rail carriage, domestic and international, within the scope of the current offer in the Service.
S3. Conclusion of the contract. Each consignment is a separate contract. The contract is concluded when the Provider confirms the order in the Service or by email. The price follows the confirmed offer for the period of its validity. The Provider may refuse an order without giving reasons.
S4. Consignment details and surcharges. The Customer provides true and complete details, in particular weight, dimensions, number of pieces, nature and value of the goods, addresses, contact persons and required documents. For incorrect details, a wasted collection, waiting beyond the usual time, storage, redirection or return of the consignment, the Provider charges surcharges in accordance with the Partner Carrier's terms. The Customer is liable for damage caused by incorrect or incomplete details.
S5. Packaging and labelling. The Customer packs the goods appropriately for their nature and the mode of carriage so that they withstand normal handling, transhipment and carriage, and labels the consignment properly. Damage caused by inadequate packaging or labelling is borne by the Customer.
S6. Excluded goods. Without prior written agreement, the following may not be carried in particular: dangerous goods (ADR, IMDG, IATA), weapons and ammunition, narcotics, live animals, human remains, cash, valuables and securities, jewellery and precious metals, works of art, perishable goods and goods whose carriage is prohibited. Goods excluded by the Partner Carrier's terms for the given type of carriage may not be carried either; the Provider will point them out when the order is placed. The Customer is liable for damage caused by the carriage of excluded goods.
S7. Provider's liability. The Provider is liable for loss of, destruction of and damage to the consignment from its acceptance until delivery, and for exceeding an agreed delivery time, as follows:
- for international carriage, to the extent and within the limits of the applicable international convention (for road carriage under the CMR Convention, max. 8.33 SDR per kilogram of gross weight of the missing or damaged consignment),
- in other cases, to the extent and up to the amount for which the Partner Carrier is liable under its terms of carriage; the Provider will make them available to the Customer on request.
Delivery times are indicative unless a guaranteed time is expressly agreed. Compensation for delay is limited to the price of carriage. The Provider is not liable for lost profits or indirect damage, or for damage caused by defective packaging, the nature of the goods, incorrect details provided by the Customer, force majeure or intervention by public authorities (e.g. customs). The limitations of liability do not apply to damage caused intentionally or by gross negligence.
S8. Cargo insurance. For a surcharge, the Customer may arrange insurance of the consignment up to its declared value. The Provider will state the insurer, terms and exclusions when the order is placed. Without such insurance, the Provider is liable only up to the limits under S7; we recommend insurance for valuable goods.
S9. Claims. Visible damage or missing pieces must be noted on the transport document at delivery, ideally with photographs. The Customer reports the damage to support@palletoo.com without undue delay and no later than 24 hours after discovering it, providing the consignment number, a description of the damage, photographs of the packaging and contents, the transport document with the reservation, proof of the value of the goods and the amount claimed. The Customer keeps the consignment and packaging available for inspection until the claim is settled. In the event of late notification, the Provider is not liable for damage to the extent that its claim against the Partner Carrier has lapsed or been reduced as a result, unless mandatory law (in particular Art. 30 of the CMR Convention) provides otherwise. The Provider handles claims without undue delay, as a rule within 30 days of receiving complete documentation, and pays acknowledged compensation within 30 days of acknowledgement. The Customer may not set off a claim for damages against the Provider's receivables.
S10. Customs and charges. The Customer provides the documents needed for carriage and customs clearance. The Provider may arrange customs services through partners for a fee. Customs duties, taxes and charges are paid by the Customer.
S11. Right of retention. The Provider may retain the consignment to secure its due receivables from the Customer.