By entering this SaaS Contract for the ItsMyCargo Service you are to be bound by the following terms and conditions (“Terms of Service”). The Service offered by ItsMyCargo GmbH under the Terms of Service include various Services to help you sell and promote goods and services to your customers online (“Online Services”). Again, any such Services offered by ItsMyCargo GmbH are referred to in these Terms of Services as the “Service(s)”, also including Implementation Services, according to Exhibit A (“Statement of Work”) and Support Services, according to Exhibit B (“Support Terms”). Any software (feature and/or tool), applications, inventions or other technology developed which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://itsmycargo.com/en/terms.
ItsMyCargo reserves the right to update and change the Terms of Service by posting updates and changes to the ItsMyCargo website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Service, you must register for an ItsMyCargo account (“Account”) by providing your full legal name and/or the full legal name of the organization that you represent, current address, phone number, a valid email address (of your corporate email domain, if applicable), and any other information indicated as required. ItsMyCargo may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
As part of the registration process, you will identify an administrative user name and password for your company Account. ItsMyCargo reserves the right to refuse registration of users or cancel passwords it deems inappropriate.
You acknowledge that ItsMyCargo will use the email address you provide as the primary method for communication.
You are responsible for keeping your passwords secure. ItsMyCargo cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service as determined in the sole discretion of ItsMyCargo will result in an immediate termination of your services.
Subject to section 2.1.2, the contact person entering the Agreement for the Services will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are entering the Agreement for the Services on behalf of your employer, your employer shall be the Account Owner. If you are entering the Agreement for the Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Upon completion of the sign up for the Services, ItsMyCargo may also create an ItsMyCargo Payment Wall on your behalf.
You acknowledge that it is your sole responsibility as the Account Owner to activate and maintain this gateway. If you do not wish to keep this payment account active, it is your responsibility to deactivate it.
Subject to the terms of this Agreement, ItsMyCargo will use commercially reasonable efforts consistent with prevailing industry standards to provide you the Services in a professional and workmanlike manner which minimizes errors and interruptions in the Services in accordance with the the Service Level Terms attached hereto as Exhibit C (“Service Level Terms”).
Subject to the Terms of Service, technical support is provided to paying Account holders in accordance to Exhibit B (“Support Terms”).
The Terms of Service shall be governed by and interpreted in accordance with the laws of Denmark applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Denmark with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You acknowledge and agree that ItsMyCargo may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on https://itsmycargo.com/en/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to ItsMyCargo’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You are solely responsible for all of the terms and conditions of any transactions involving the purchase or sale of good and services, including without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, liability, insurance fees, applicable taxes, title and licenses, all of which must be in accordance with applicable law.
You are responsible for any and all activities that occur under your user accounts.
Under no circumstances shall ItsMyCargo be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation damages that result from any transaction involving the goods and services you sell through ItsMyCargo services or any resulting contractual relationship between yourself and a purchaser. These limitations shall apply even if ItsMyCargo has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
You may not use the ItsMyCargo service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Denmark. You will comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ItsMyCargo.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.
You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and ItsMyCargo’s Terms of Service available in another language, the most current English version of the Terms of Service at https://itsmycargo.com/en/terms will prevail.
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via your shop, or the Materials uploaded or posted to your service(s) shop, violate the Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any ItsMyCargo customer, ItsMyCargo employee, member, or officer will result in immediate Account termination.
ItsMyCargo does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that ItsMyCargo employees and contractors may also be ItsMyCargo customers/users and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
ItsMyCargo retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, ItsMyCargo reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
You expressly understand and agree that ItsMyCargo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall ItsMyCargo or (as applicable) our partners, officers, directors, affiliates, representatives, contractors, agents, employees, and suppliers (including but not limited to all equipment and technology suppliers) be responsible or liable with respect to any subject matter of this Agreement or terms and conditions related thereto under any contract, negligence, strict liability or other theory: (i) for error or interruption of use or for loss or inaccuracy or corruption of the Services or cost of procurement of substitute goods, services or technology or loss of business; (ii) for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence); (iii) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by you to ItsMyCargo for the Services under this agreement in the 12 months prior to the act that gave rise to the liability, in each case, whether or not ItsMyCargo has been advised of the possibility of damages.
You agree to indemnify and hold us and (as applicable) our partners, officers, directors, affiliates, representatives, contractors, agents, employees, and suppliers (including but not limited to all equipment and technology suppliers) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
ItsMyCargo shall hold you harmless from liability to third parties resulting from infringement by the Service of any European patent or any copyright or misappropriation of any trade secret, provided ItsMyCargo is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; ItsMyCargo will not be responsible for any settlement it does not approve in writing.
The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by ItsMyCargo, (ii) made in whole or in part in accordance with your specifications, (iii) that are modified after delivery by you, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where you continue allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where your use of the Service is not strictly in accordance with this Agreement.
If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by ItsMyCargo to be infringing, ItsMyCargo may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for you a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and your rights hereunder and provide you a refund of any prepaid, unused fees for the Service.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”).
You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your accounts or the Equipment with or without your company’s knowledge or consent.
ItsMyCargo does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
ItsMyCargo does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
ItsMyCargo does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
The failure of ItsMyCargo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and ItsMyCargo and govern your use of the Service, superseding any prior agreements between you and ItsMyCargo (including, but not limited to, any prior versions of the Terms of Service).
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with ItsMyCargo’s prior written consent. ItsMyCargo may transfer and assign any of its rights and obligations under this Agreement without consent.
This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
ItsMyCargo alone shall own all right, title and interest, including Intellectual Property Rights, in and to the ItsMyCargo Technology, the Service, all related Trademark specific designs identity, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey any rights of ownership in or related to the Service, ItsMyCargo Technology or Intellectual Property owned by ItsMyCargo to you. The ItsMyCargo name, the ItsMyCargo logo, and the product names associated with the Service are trademarks of ItsMyCargo or third parties, and no right or license is granted to use them.
We do not claim any intellectual property rights over the Materials you provide to the ItsMyCargo service. All Materials you upload remains yours.
By uploading Materials, you agree: (a) to allow your user accounts to view the Materials you post to your shop(s) that can be only accessed through a registered user account that was approved by you; (b) to allow other internet users to view the Materials you post publicly to your shop(s); (c) to allow ItsMyCargo to store, and in the case of Materials you post publicly, display, your Materials; and (d) that ItsMyCargo can, at any time, review all the Materials submitted to its Service, although ItsMyCargo is not obligated to do so.
You retain ownership over all Materials that you upload to an ItsMyCargo shop; however, by making your shop(s) public, you agree to allow others to view Materials that you post publicly to your shop(s). You are responsible for compliance of the Materials with any applicable laws or regulations.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that we are required by law to disclose.
ItsMyCargo shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your shop(s) to promote the Service.
You agree not to, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”).
You agree not to modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by ItsMyCargo or authorized within the Services); nor use the Services or any Software for time sharing or service bureau purposes or otherwise for the benefit of a third party; remove any proprietary notices or labels; access the Service in order to build a competitive product or service or copy any ideas, features, functions or graphics of the Service; or directly or indirectly instruct users to bypass finalising bookings through the system.
Unauthorized use, resale or commercial exploitation of the Service and/or the Content in any way is expressly prohibited.
You will pay the Fees applicable to your license and subscription to the online Service and any other applicable fees, including but not limited to fees relating to the processing of bookings under your Account (“Booking Fees”), and any fees relating to your purchase of any products or Services such as Payment Wall, engines, tools, packages, systems, Themes, API integrations and/or Third Party Services (“Additional Fees”). Together, the License Fees, Subscription Fees, Booking Fees and the Additional Fees are referred to as the “Fees”.
You will pay all Fees to your account in accordance with the Fees and billing terms in effect at the time a fee is due and payable.
ItsMyCargo charges the License Fees and Additional Fees in advance for the use of its Services. ItsMyCargo will automatically renew and bill your credit card or issue an invoice to you each year on the subsequent anniversary for your annual license(s) or at the beginning of each month (in 30 day intervals) for your monthly additional services (each such date, a “Billing Date”). Subscription Fees and Booking Fees are paid at the end of the month and will be billed in 30 day intervals (each such date, a “Billing Date”). You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your ItsMyCargo administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
You must provide ItsMyCargo with valid credit card or approved purchase order information as a condition to signing up for the Services and also to pay for all incurred and recurring Fees. ItsMyCargo will charge or invoice all applicable incurred and recurring Fees to the authorized credit card account or approved purchase order account, and ItsMyCargo will continue to charge or invoice the authorized credit card (or any replacement card) or approved purchase order account for applicable Fees until the Service(s) are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Euros, and all payments shall be in Euro currency.
Authorized Administrators may add routes/customer accounts. Further, they can add licenses by executing an additional written Order Form that is forwarded to email@example.com. Added licenses will be subject to the following: (i) added licenses will be coterminous with the preexisting License Term (either Initial Term or renewal term) (ii) the license fee for the added licenses will be the then current, generally applicable license fee; and (iii) licenses added in the middle of a billing period month will be charged in full for that billing period month, on a pro rata basis, as well as the subsequent billing period.
The renewal charge of annual license will be equal to the then-current number of total active routes/customer account licenses times the then-current license fee in effect at the time of renewal. Fees for other services will be charged on an as-quoted basis.
ItsMyCargo reserves the right to change the fees, applicable charges and usage policies and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail.
For credit card payers, invoices will be generated at the start of an annual license or at the specified monthly Subscription Fee, Booking Fee, or Additional Fee billing date and your credit card will be charged simultaneously. If paying by other means, invoices will be generated at the start of an annual license or at the specified monthly Subscription Fee, Booking Fee, or Additional Fee billing date and approximately one month in advance of the start of any license renewal or subsequent billing date and shall be due within 30 days. Your account will be considered delinquent (in arrears) if payment in full is not received by the license or billing period start date.
All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties now in force or enacted in the future (“Taxes”).
You agree to provide ItsMyCargo with complete and accurate billing and contact information. This information includes your company’s legal name, your company's street address, your company’s domain specific e-mail address, and name, e-mail and telephone number of an authorized billing contact. You agree to update this information within 30 days of any change to it. If the contact information Customer has provided is false or fraudulent, ItsMyCargo reserves the right to terminate Customer's access to the Service in addition to any other legal remedies.
If you believe that the bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
All Fees are nonrefundable whether or not the minimum or the annually requested number of total active routes and/or customer account specified for the annual license(s) are actively used.
Unpaid amounts are subject to a finance charge of 0.7% per business day on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service.
You may cancel your Account at any time by emailing firstname.lastname@example.org and following the specific instructions indicated to you in ItsMyCargo’s response.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
Subject to earlier termination, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.
In addition to any other remedies it may have, you may also terminate this Agreement upon fifteen (15) days’ notice (or without notice in the case of non-payment), if ItsMyCargo materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
Upon termination of the Services by either party for any reason:
ItsMyCargo will cease providing you with the Services and you will no longer be able to access your Account;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
any outstanding balance owed to ItsMyCargo for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
your shop will be taken offline from your website.
Fraud: Without limiting any other remedies, ItsMyCargo may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the shop.
Prices for using the Services are subject to change upon 30 days notice from ItsMyCargo. Such notice may be provided at any time by posting the changes to the ItsMyCargo Site (ItsMyCargo.com) or the administration menu of your ItsMyCargo shop via an announcement.
ItsMyCargo reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with reasonable in advance notice.
ItsMyCargo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, ItsMyCargo’s partners or other third parties.
ItsMyCargo may from time to time recommend, provide you with access to, or enable third party API access, software products, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the ItsMyCargo website. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or through your ItsMyCargo online shop(s) is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
We do not provide any warranties with respect to Third Party Services. You acknowledge that ItsMyCargo has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on ItsMyCargo’s website, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with ItsMyCargo. ItsMyCargo does not guarantee the availability of Third Party Services and you acknowledge that ItsMyCargo may disable access to any Third Party Services at any time in its sole discretion and without notice to you. ItsMyCargo is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. ItsMyCargo strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. ItsMyCargo is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
Google GmbH is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
Under no circumstances shall ItsMyCargo be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if ItsMyCargo has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, ItsMyCargo partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind ItsMyCargo in any respect whatsoever.
EXHIBIT A - Statement of Work
This Statement of Work ("SOW") is incorporated into the SaaS Contract between ItsMyCargo and you, dated the Effective Date of the signed SaaS Offer. If any terms of this SOW conflict with the signed SaaS Offer, the SaaS contract’s Terms of Service shall control.
ItsMyCargo and the ItsMyCargo Implementation Services (“IS”) team is pleased to present you with this SOW for deployment-related implementation services. The goal of this engagement is to provide concentrated sessions to ensure that you successfully implement the ItsMyCargo Services in support of your operational requirements. This engagement between you and ItsMyCargo will be accomplished by implementation services provided by the ItsMyCargo IS team in a planned 14-day off-site engagement (unless otherwise agreed upon by both Parties).
The purpose of this document is to describe the scope of work, resources, and high-level tasks for ItsMyCargo and you to accomplish in a successful outcome for this engagement.
ItsMyCargo will work with you to implement its deployment methodology (below) in the context of a Deployment engagement. The Implementation Start Date is specified in the SaaS contract and must be within thirty (30) consecutive days from the signature date of the SaaS Offer (unless otherwise agreed upon by both Parties). The Implementation Services will be deemed delivered within ninety (90) consecutive days of the Effective Date of the signed SaaS Offer.
The Kickoff call will take place on the Implementation Start Date and will cover the following points needed for a successful implementation of ItsMyCargo:
● Identify people involved and Leader Team
● Define 90 day goal
● Process mapping of workflows
● Determine launch day
In order to operationalize the day-to-day work in your IMC shop system, the overall functionality and design of your company’s shop-spaces, where you and your clients will operate in, will be put into place. Hereby, it is of paramount importance for both Parties to establish a proper (agile) feedback framework in which all assembled processes in the shop-spaces can be rapidly tested and iterated to enable a fluent implementation. By the end of the Shop Setup the following should be accomplished in accordance with the Order Form (unless otherwise agreed upon by both Parties):
● An external client shop-space (if applicable)
● An internal client shop-space (if applicable)
● The admin shop-space(s)
● Provisioning of user accounts
Next, the ItsMyCargo IS team will transform your Leader Team into shop system super-users through a comprehensive process workflow training. During the Workflow Training, the IS team will focus on how ItsMyCargo’s functionality helps you to newly accomplish your company’s day-to-day work and all its underlying processes. The training will be generally held offsite and consists of video tutorials as well as live demonstration and coaching.
As both Parties come to the close of the Deployment engagement, it’s important to make sure all areas of the process have been covered. By now, your team should have a solid understanding of how to use your ItsMyCargo shop system and know where to find the information they need to revisit and practice how to work with the ItsMyCargo shop-spaces. This ensures that the team is confident in starting, executing, and completing their day-to-day work with ItsMyCargo.
Because ItsMyCargo is committed to your success, we have placed our staff of expert work management professionals at your beck and call. The ItsMyCargo Customer Success team is the go-to contact for any product-related need and is available to aid you in attaining and sustaining full adoption of ItsMyCargo.
ItsMyCargo Implementation Services team member(s) will be granted access to agreed upon resources to allow them to be immediately productive.
Relevant people are available on immediate basis, as defined in 1.1.1. (“Step 1. Kickoff”). The Deployment Lead in the leader team is the designated point person in this engagement who will sign off on outcomes and marshal appropriate resources needed.
Up to two (2) 90-minute offsite training sessions for up to a maximum of 25 of your staff per session (unless otherwise agreed upon by both Parties).
ItsMyCargo utilizes a collaborative process in its deployment methodology. While trying to ensure efficient involvement of both ItsMyCargo’s and your resources, it is still imperative to have appropriate resources involved in the deployment.
Knowledgeable about the overall implementation program and process methodologies. Also, responsible for for marshaling your resources and for implementation sign off.
Your team members tasked with ItsMyCargo rollout and who will be day-to-day ItsMyCargo shop system users.
Key members of your Deployment Team with a stake in the process and who provide input into the individual implementation steps, and in particular, training sessions.
You will provide access to subject matter experts and decision makers to provide critical path implementation decisions in a commercially reasonable and timely manner. If input is not provided in a timely manner, a change order for material implementation impacts will be submitted to you.
Implementation milestones will be based on availability of your resources and key decision makers. Lack of access to the implementation stakeholders can impact implementation timelines and cost.
If you have additional requirements that are not included in the SOW, ItsMyCargo will provide a separate SOW and Order Form including a price estimate for the additional services (as applicable).
The staffing for this implementation will occur upon the signing of the SaaS Offer. Before the acceptance of the SaaS Offer, no staffing will be scheduled or allocated. The planned start date must be within thirty (30) consecutive days from the signature date of the SaaS Offer. This advanced notice is needed to provide ItsMyCargo with enough time to allocate appropriate resources to start the implementation on time.
Delays resulting from your inability to meet the foregoing implementation assumptions will be defined as “Implementation Delays”. Implementation Services that are not delivered within ninety (90) consecutive days of the signed SaaS Offer’s Effective Date as a result of Implementation Delays will be deemed delivered.
ItsMyCargo presents this proposal for this implementation which includes the scope of work, 1.1. (“Scope of Work”), defined in this document.
The fee for this engagement is listed in the SaaS Contract.
ItsMyCargo will secure approval for and bill you for actual expenses arising from this effort.
By signing the SaaS Offer you certify that you have reviewed this SOW and agree to be bound by terms and conditions laid herein.
The Customer Success team of ItsMyCargo will be available for Technical Support to Customer via both telephone and electronic mail on weekdays during the hours of 8:00 through 20:00 Central European Time, with the exclusion of National Holidays (“Support Hours”).
Customer may initiate a helpdesk ticket during Support Hours by calling +49 151 5908 5855 or any time by emailing email@example.com.
Company will use commercially reasonable efforts to respond to all helpdesk tickets within one (1) business day.
Service Level Terms
The Services shall be available 95%, measured monthly, excluding holidays and weekends and scheduled maintenance. If you request maintenance during these hours, any up time or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than two (2) hours, Company will credit Customer 5% of Service fees for each period of 30 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, Customer must notify Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. Company will only apply a credit to the month in which the incident occurred. Company’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under this Agreement.
This Policy addresses the information and content we currently collect and process from you — whether you are an IMC customer or IMC’s customers’ customer — in the course of your visit to our sites and your use of them. Information you disclose to us in the course of your access and use of our sites is referred to generally in this Policy as "personal information"; this personal information includes your user information, billing information and user content (as those terms are defined below) as well as any other information disclosed, provided or obtained by us in the course of our relationship. The Policy may also address some types of content, information, means of collecting such content and information, and uses of it, that may not presently apply to any of the sites. We tell you about these types of possibilities now because we want to maintain flexibility in offering additional features without having to revise our Policy every time we revise a site or offer new functions. No description of any type of content or information, means of collecting the content or information, or use of the content or information will require us to collect or make any particular use of any such content or information, or offer any particular functionality through any site; your use of any of our sites is always as provided for in the Terms of Service specific for that site, and you should review those Terms to understand your rights and obligations with respect to your use of that site.
If you have any questions about any of the information contained in this Policy, please feel free to contact us via email at firstname.lastname@example.org.
1. Content Ownership, Collection and Use
You always retain whatever ownership rights you may have in any content, data, or other such materials you upload or otherwise actively provide to us through the sites (the "user content"). We will not sell, share, or rent this user content to others in ways different from those disclosed in this Policy.
In addition to user content you may upload or otherwise provide to us, we may collect additional information relating to, for example, your activities while visiting our site, at several different points on a site, and additional information on our collection and use of such additional information is provided below.
2. Collecting Information Through Registration, Ordering, and Related Processes
2.1. Information from IMC Customer(s)
We collect IMC Customer’s name, company name, address, email address, phone number(s) and, if applicable, credit card details. We need this information to provide you with our Service(s); for example, to confirm your identity, contact you, and invoice you.
We collect data about the IMC-hosted web pages that you visit. We also collect data about how and when you access your account, including information about the device and browser you use, your network connection and your IP address. We need this information to give you access to and improve our Services.
We collect Personal Information about your customers that you share with us or that customers provide while using the ItsMyCargo shop system. We use this information to provide you with our Services and so that you can process orders and better serve your customers.
We will also use Personal Information in other cases where you have given us your express permission.
We collect Personal Information when you sign up for our Services, when you access our Services or otherwise provide us with the information.
2.2. Information from IMC Customers’ Customers’
We collect our IMC customers’ customer's’ name, email, shipping and billing address, payment details, company name, phone number, IP address and device data. We need this information to provide merchants with our Services, including supporting and processing orders, authentication, and processing payments. We also use this information to improve our Services.
Information is collected when an IMC customer’s customer uses or accesses our Services, such as when a customer visits an IMC customer’s site, places an order or signs up for an account on a merchant’s site.
2.3. Information from Partners
Partners are individuals or businesses that have agreed to the terms of the IMC Partner Program to work with IMC to promote the Services by (a) referring clients to IMC; (b) developing IMC store themes for IMC customers’ use; or (c) developing apps using the IMC Application Interface (API) of IMC customer use.
We collect your name, company name, website, social media handles, phone number(s), address, business type, email address, PayPal Account, and tax number. We use this information to work with you, confirm your identity, contact you, and pay you.
We collect data about the IMC-hosted web pages that you visit and how and when you access your account, including information about the device and browser you use, your network connection and your IP address. We use this information to give you access to and improve our Services.
We collect Personal Information about your customers that you share with us or that they provide to us directly. We use this information to work with you and to provide our Services to your customers.
We will also use Personal Information in other cases where you have given us express permission.
We collect this information when you sign up for a Partner Account, when you sign up one of your customers for our Services, or when your customers sign up themselves. We also collect any additional information that you might provide to us.
2.4. Information from IMC website visitors and support users
From IMC website visitors, we collect information about the device and browser you use, your network connection and your IP address. We also collect Personal Information submitted by you via any messaging feature available from any of our websites (“Messaging Feature”).
We may also receive Personal Information when you make requests to IMC via any of our websites.
From telephone support users, we collect your phone number and call audio.
From chat support users, we collect your name, email address, information about the device and browser you use, your network connection, your IP address and chat transcript.
We use this information to provide and enhance our Services (including servicing your account, if applicable), and answer any questions you may have.
We collect this information when you visit IMC-hosted web pages, use Services offered on our websites or engage with us either by email, web form, instant message, phone, or post content on or through our websites (including forums, blogs and via any Messaging Feature). We also collect any additional information that you might provide to us.
3. Cookies and Similar Tracking Technology
Like most websites, we and our third party partners collect certain information automatically when you visit our Service, read our emails, or interact with us. We typically collect this information through a variety of tracking technologies, including cookies, beacons, automated tracking methods and similar technology (which we’ll refer to collectively as “cookies”).
We collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, mobile device or your account, and other such information.
We also collect information about the way you use the Service, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, how frequently you access the Service, whether you open emails or click the links contained in emails, whether you access the Service from multiple devices, and other actions you take on the Service.
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
4. Use and Sharing of Information
Depending on the configuration and features selected by the Company Account Owner, we may share your information with the Owner or other Company User Accounts associated with your account. For example, an employer or team leader may have access to certain information about your use of the IMC service.
When you add additional users to your account we send them an invitation to join our site and request such users to provide us with certain additional contact information including such users' email addresses. When you use such a service, you represent and warrant to us that you have an existing business or personal relationship with such additional user sufficient to avoid liability under any law that applies to unsolicited email. You will be deemed to be the sender of any such email (or other electronic communication) and we will be deemed to merely be a service provider facilitating your sending of the email (or other electronic communication).
We and our agents may share aggregated demographic information with our users, our affiliated organizations, and other organizations with which we do, or contemplate doing, business. Such information is aggregated and is not linked to any information that can identify individual users.
IMC works with third parties to help provide you with our Services and we may share Personal Information with them to support these efforts. In certain limited circumstances, we may also be required to share information with third parties to conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also receive Personal Information from our partners and third parties.
Personal Information may be shared with third parties to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
Personal Information may be shared with third party vendors to help us conduct marketing and/or advertising campaigns.
Personal Information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding. If this happens, we will post a notice on our home page.
IMC is responsible for all onward transfers of Personal Information to third parties in accordance with the EU-U.S. Privacy Shield Principles, the U.S.-Swiss Safe Harbor Framework.
IMC will always ask for your consent before sharing your Personal Information with third parties for purposes other than those described in this Section 4.
IMC remains responsible for Personal Information that is transferred to a third party for processing or to support our efforts in providing you with our Services. Any Personal Information transferred to a third party for data processing is processed in accordance with our instructions, and is subject, by law, to a comparable level of protection as that provided by IMC. Hereby, a “comparable level of protection” means a level of protection generally equivalent to that provided by IMC.
IMC (including our vendors, suppliers and partners) shall have a worldwide, perpetual, irrevocable, royalty-free right to use aggregated and/or anonymous data in connection with our and our vendor’s, supplier’s and partner’s business operations including, without limitation, combining such data with other similar data from you and other users.
We also may disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
We do not and will never share, disclose, sell, rent, or otherwise provide Personal Information to other companies (other than to specific IMC customers you may be interacting with) for the marketing of their own products or services.
If you are a merchant using IMC’s Services, we do not use the Personal Information we collect from you or your customers to independently contact or market to your customers. However, IMC may contact or market to your customers if we obtain their information from another source, such as from the customers themselves.
We sometimes supplement the user information we receive from you with other information we receive from public and/or third party sources, such as credit card issuers or clearinghouses. We will consider any such supplemental information about you as user data and may use it in accordance with the terms of this Policy.
5. Links to Third Party Websites and Services
The Service may contain links to and from third party websites of our business partners, advertisers, and social media sites and our users may post links to third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third party sites
Where we or our agents collect nonpublic Personal Information from you, we or they will generally take reasonable steps to protect such information in transmission, but there may be circumstances when such information will not be protected that way. Unless we have or our agent has specifically identified the connection as secure or otherwise let you know your information is secure in a particular situation, you should assume that the connection is not secure and that it is possible for third parties to surreptitiously and/or illegally intercept the information shared by you and us during that part of the session.
If you use third-party software integrated into our service your information will be handled by such third-party and we cannot assure you that such information will be handled in a secure manner.
We follow industry standards on information security management to safeguard sensitive information, such as financial information, intellectual property, employee details and any other Personal Information entrusted to us. Our information security systems apply to people, processes and information technology systems on a risk management basis.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your Personal Information.
The Children’s Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13. It is IMCs policy to refrain from knowingly collecting or maintaining personally identifiable information relating to any person under the age of 18. Please do not supply any personally identifiable information for a person under the age of 18 through any of the sites. If you are under the age of 18 and believe you have already provided personally identifiable information through the site, please have your parent or guardian contact us immediately using the contact information above so that we can remove such information from our files.
We may send to you one or more welcome emails that may also verify password and user name information, and we may send to you updates, service announcements, administrative messages, or other important information about one or more of the sites and/or our services. We may also send you newsletters, notifications or other information about products, services, and special deals we think may be of interest to users like you.
Some of these communications – such as those with service announcements or such – are tied to the service and contain important information about the service or your use of it. For those types of communications, you can only unsubscribe from them by cancelling your subscription. When emails are not tied to use of the service, we will usually provide an unsubscribe link within them.
Depending on the functionality selected by customer, the Service may permit users to communicate with each other through the Service, including through emails, online chat, video conference, or VoIP protocols that may ring or provide an alert on your mobile device. By using the Service, you consent to receive communications from other users via the Service. We do not control how our users communicate or use the Service, so please speak directly to the user contacting you if you no longer wish to be contacted or you may close your account or ask IMC to close it for you.
8. Misappropriation of Personal Information
For the purposes of any applicable law regarding notification of persons whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person, our information security policy provides that any required notification may, where permitted by law, be made by the use of email, telephone, fax, mail (including a notice printed in an available area of a bill or statement) or posting a notice on a site.
The specific means used is up to us and we will use our judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as email address, physical address, telephone number, etc.), we will use the latest available address in our records. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO THIS MEANS OF NOTIFICATION.
9. Accessing, Correcting, Updating or Deleting Personal Information
Any user of our Service(s), retain all rights to their Personal Information and may view and access their Personal Profile and make changes to the personal information stored there at any time.
In the addition, users (specifically those whose information we collect under the EU-U.S. Privacy Shield or the Swiss-U.S. Privacy Shield) have certain legal rights to access other personal information we hold about them and to obtain its correction, amendment, limitation or deletion in appropriate circumstances. To exercise those rights, they may contact their company administrator or contact us using the general contact information, 13. (“General Contact Information”).
If you as a user are unable to change the Personal Information within your account settings, please contact IMC via email@example.com to make the required changes. It’s important to remember that if you delete or limit the use of your Personal Information, the Services may not function properly.
If you have any questions about your Personal Information or this policy, or if you would like to make a complaint about how IMC processes your personal data, please contact IMC by email at firstname.lastname@example.org, or by using the contact details from 13. (“General Contact Information”).
We will use commercially reasonable efforts to timely make any changes you request. Many such changes are accomplished using batch processing (i.e. collecting a number of similar change requests and making all such changes at once), so the changes may not be immediately effective but may take 30 days or longer. If you require a more immediate change to your personally identifiable information and are unable to make such a change using the available site resources, please contact us via email@example.com or directly through our Data Protection Officer, 13. (“General Contact Information”).
10. Information about Unsubscribing and Opting Out
You may opt out of receiving certain e-mails, e-mail updates and alerts and phone calls as well as deactivate your account by contacting us at firstname.lastname@example.org. You may turn off cookies in your browser, which will prevent certain tracking.
However, we will continue to store archived copies of your Personal Information for legitimate business purposes and to comply with the law.
We will continue to store anonymous or anonymized information, such as website visits, without identifiers, in order to improve our Services.
Users who no longer wish to receive newsletters or other promotional materials will generally be provided with a link or other mechanism to use to unsubscribe from the receiving the respective materials. You may opt out of receiving such newsletters or other promotional materials by following the procedure provided there.
If you have any questions about your privacy rights, or how to opt-out of having your information shared other than as described above, or to exercise any other opt-out under the EU-U.S. Privacy Shield or Swiss-U.S. Privacy Shield, please contact the Data Protection Officer with the general contact information found in 13. (“General Contact Information”).
Please note, for certain communications (such as related to your account information or system status) and the sharing of certain of your information, it may not be possible for you to just opt out of having your information shared; your only option would be to terminate your service.
In most cases, it is impractical for us to stop any other third party to whom we have supplied your information pursuant to the terms of this Policy from continuing to use such information after you have opted out. In other words, opting out will usually not stop other third parties to whom we have provided your information from continuing to use it.
11. Data Protection Across Borders
IMC provides services to customers and our technology processes data from users around the world, including the European Economic Area (“EEA”). Accordingly, IMC may transmit your personal information outside of the country, state, or province in which you are located.
IMC (specifically ItsMyCargo ApS and ItsMyCargo GmbH) complies with the EU-U.S. Privacy Shield Framework, regarding the collection, use, and retention of Personal Information from data subjects in the EEA, and with the Swiss-U.S. Privacy Shield Framework regarding the collection, use and retention of Personal Information from data subjects in Switzerland. In this regard, we have certified that we adhere to the Privacy Shield Principles of notice, choice, accountability for onward transfers, security, data integrity and purpose limitation, access, recourse, enforcement and liability.
If you are located in the EEA, your personal information is processed by IMC’s German affiliate, ItsMyCargo GmbH. Please note that as part of our service, we may transfer your personal information to other regions, including the United States. In order to ensure that your information is protected when transferred out of the EEA, IMC relies on the EU-U.S. Privacy Shield (described in more detail below), as well as inter-company agreements between our affiliates that may process your information on behalf of IMC.
Additionally, if you are located in the EEA, you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, or limit the use of your personal data. In order to exercise these rights, please reach out to us using the contact information below.
Notwithstanding anything else in this Policy to the contrary, we may collect personally identifiable information and use and disclose such information in ways other than those described above if we are required to do so by any applicable law or if we deem it advisable and lawful in the course of (i) assisting law enforcement activities, or (ii) investigating and resolving disputes between users; and (iii) protecting our site(s) or other property, including, without limitation, investigating, preventing or taking action with respect to illegal activities, suspected fraud, situations involving the potential safety of any person, violations of IMC's terms of service, or as otherwise required by law. Without limiting the foregoing, we reserve the right to use and disclose any information that you provide to us if we deem it advisable in the prosecution or defense of any litigation involving your use of any site.
13. General Contact Information
If you feel that we are not abiding by this Policy or if you have questions regarding this Policy, you may contact our data protection and privacy liaison using the following information:
Data Protection Officer
20457 Hamburg, Germany
Telephone: +45 50 111 171