Terms of Service

1. Acceptance of Conditions

By accessing and using the CargoPay platform (hereinafter, "the Platform" or "CargoPay"), you agree to be bound by these Terms of Service (hereinafter, "Terms"). If you do not agree with any of these terms, you should not use our Platform.

2. Definitions

• "Platform": The CargoPay website and mobile application
• "User": Any person or entity that accesses or uses the Platform
• "Carrier": Company or individual providing transport services
• "Shipper": Company or individual sending goods
• "Broker": Intermediary facilitating transactions between carriers and shippers
• "Services": All functionalities offered by the Platform
• "Transaction": Any payment exchange facilitated through the Platform

3. Account Registration and Eligibility

3.1 Registration Requirements

• You must be over 18 years old or have legal capacity to contract
• Provide truthful, accurate, and complete information
• Have authorization to represent your company (if applicable)
• Comply with all applicable legal requirements

3.2 Verification Process

CargoPay requires identity verification and business documentation before allowing full Platform usage:

• Identity document verification
• Business registry validation
• VAT number verification (VIES for European companies)
• Insurance and certification verification
• Commercial and credit references

3.3 User Responsibilities

• Keep your account information updated
• Protect your access credentials
• Immediately report any unauthorized use
• Comply with all applicable laws and regulations

4. Platform Services

4.1 Payment Facilitation

CargoPay facilitates secure payments between carriers and shippers through:

• Payment processing through Stripe Connect
• Support for full, partial, and authorized payments
• Dispute and chargeback management
• Automatic invoice and report generation

4.2 Verification and Compliance

• User and company verification
• Tax regulation compliance (European VAT)
• Fraud and money laundering prevention
• Required regulatory reporting

4.3 Service Limitations

• The platform is a facilitator, not a party to transactions
• We do not guarantee continuous service availability
• We reserve the right to suspend accounts for violations
• Users are responsible for their own transactions

5. Fees and Commissions

5.1 Fee Structure

Current fees are available on our pricing page:

• Transaction commission: 2.9% + €0.25 per transaction
• Setup fee: One-time per user (except for trials)
• Additional services: As agreed separately

5.2 Payments and Billing

• Fees are automatically deducted from transactions
• Billing is monthly for additional services
• Payments must be made in euros (EUR)
• Late payment interest applies to overdue payments

5.3 Refunds

Refunds are processed according to Stripe policies and applicable regulations. CargoPay does not charge additional fees for legitimate refunds.

6. User Responsibilities

6.1 General Obligations

• Comply with all applicable laws and regulations
• Provide transport services professionally
• Maintain adequate insurance for your operations
• Respect intellectual property rights

6.2 Prohibitions

The following is prohibited:

• Using the platform for illegal activities
• Providing false or misleading information
• Attempting fraud or fraudulent activities
• Infringing third-party rights
• Using the platform for money laundering or terrorism financing
• Creating multiple accounts without authorization

6.3 Violation Consequences

Violations of these terms may result in:

• Temporary or permanent account suspension
• Withholding of pending funds
• Reporting to competent authorities
• Legal action for damages

7. CargoPay Responsibilities

7.1 Services Provided

• Facilitate secure payments between verified users
• Provide a functional technological platform
• Maintain appropriate security standards
• Process transactions according to applicable regulations

7.2 Limitation of Liability

CargoPay:

• Acts as a facilitator, not as a party to transactions
• Does not guarantee the quality of transport services
• Is not responsible for disputes between carriers and shippers
• Does not guarantee continuous service availability (maintenance, updates)

7.3 Maximum Liability

In no case shall CargoPay's total liability exceed the commissions paid by the user in the 12 months preceding the event that gave rise to liability.

8. Dispute Resolution

8.1 Resolution Process

1. Direct contact: Parties must attempt to resolve the issue directly
2. CargoPay mediation: If no resolution, CargoPay may mediate
3. Arbitration: For persistent disputes, binding arbitration may be required

8.2 Jurisdiction

These terms are governed by Spanish law. For disputes that cannot be resolved through arbitration, the competent courts will be those of Madrid, Spain.

9. Service Termination

9.1 Termination by User

• You may close your account at any time with 30 days notice
• All pending transactions must be completed
• Corresponding fees will apply

9.2 Termination by CargoPay

We may suspend or close your account for:

• Violation of these terms
• Suspicious or fraudulent activity
• Requirement by competent authorities
• User business cessation

9.3 Effects of Termination

• Platform access will be revoked
• Data will be retained according to privacy policy
• Payment obligations survive termination
• Liability clauses remain in force

10. Terms Modifications

We reserve the right to modify these terms at any time. Significant changes will be:

• Notified by email at least 30 days in advance
• Published on the platform with effective date
• Explicitly accepted by the user for important changes

Continued use of the platform after the effective date constitutes acceptance of the modified terms.

11. General Provisions

11.1 Independence of Clauses

If any clause of these terms is considered invalid or unenforceable, the remaining clauses will remain in full force and effect.

11.2 Force Majeure

We will not be responsible for breach of our obligations due to force majeure events, including natural disasters, war, terrorism, or infrastructure failures.

11.3 Assignment

You may not assign your rights or obligations under these terms without our written consent. We may assign our rights and obligations without restrictions.

11.4 Notifications

Notifications will be sent to the email address registered in your account. You are responsible for keeping your contact information updated.

12. Contact Information