These Terms of Use govern access to and use of the KleverCargo Platform, operated by Klever Logistics doo, a company incorporated in the Republic of Serbia, registered seat Đorđa Isakova 22, 21241 Kać, Republic of Serbia, company registration number 22085417, tax identification number 114885593 (“KleverCargo”, “we”, “us”).
By registering, accessing or using the Platform, or by clicking to accept these Terms, you enter into a binding contract with KleverCargo on these Terms, the Privacy Policy, the Cookie Policy and, where you act for a Client, the DPA. If you do not agree, do not use the Platform.
The Platform is a business-to-business service available worldwide. It is not offered to consumers, and consumer protection rules do not apply to its use.
1. Who we are and what these Terms cover
1.1 KleverCargo provides a cloud platform on which companies organise transport, warehousing, time slot booking, gate visits, requests for quotation, cost and invoice management, and the communication that goes with them. The Platform brings Clients together and documents what they agree; it does not itself carry, store or handle goods.
1.2 These Terms apply to every User and every Client. Where a Client has signed an Order Form with KleverCargo, the Order Form prevails over these Terms to the extent they conflict.
1.3 The Contract is concluded in English. Translations, if any, are for convenience only and the English text prevails.
1.4 For matters of personal data protection KleverCargo has appointed KleverCargo Innovation B.V., Veemkade 328, 1019 HD Amsterdam, the Netherlands, as its representative in the European Union under Article 27 GDPR.
2. Definitions
In these Terms the following words have the following meaning:
3. Eligibility, registration and accounts
3.1 Only natural persons of full legal capacity acting in the course of a business may register. By registering on behalf of a company you warrant that you are authorised to bind it to the Contract.
3.2 Registration requires a verified e-mail address. A Client Account is created when a User adds a company and becomes its first Administrator. One User may administer several Client Accounts; the Contract applies to each of them.
3.3 KleverCargo may verify the existence, status and representation of a company before or after activation, by checking public business registers (such as the national companies register), the company’s own website and public business directories, and may refuse, limit or revoke a Client Account if verification fails or the information given is inaccurate. Verification is not a warranty about the Client to anyone.
3.4 Administrators invite Users, assign Roles and remove access. The Client is responsible for every act and omission of the Users linked to its Client Account, whether or not authorised, and for removing Users who leave its organisation without delay.
3.5 Credentials are personal and must be kept confidential. Where KleverCargo offers stronger authentication (such as multi-factor authentication or single sign-on) the Client shall enable it for its Users when reasonably available. Any suspected unauthorised use must be reported at once to security@klevercargo.com. KleverCargo is not liable for loss caused by the use of valid credentials.
3.6 All information you provide must be complete, accurate and kept up to date, including company details, billing details and the contact details of Administrators, which KleverCargo uses for legal notices.
4. The Platform and KleverCargo’s role
4.1 The Platform lets Clients publish transport and storage offers and requests, exchange bids, conclude Agreements, plan and track transport events, book time slots at warehouses, manage gate visits, run requests for quotation, manage warehouse operations and related costs and invoices, communicate by chat, e-mail and Viber, and read invoice documents automatically with an AI model. Not every feature is available on every plan.
4.2 KleverCargo is an information society service provider. It is not a carrier, freight forwarder, broker, agent, warehouse keeper or party to any Agreement between Clients, does not charge a commission on Agreements, and gives no undertaking that a Client Service will be performed or paid. Agreements are concluded and performed at the Clients’ own risk. KleverCargo does not review the content Clients publish and is not responsible for it.
4.3 Ratings and comments express the opinion of the Client that gave them. KleverCargo does not verify or endorse them and is not liable for their accuracy.
4.4 Automatic invoice reading is switched on by default and can be switched off by each User. While it is on, documents marked as invoices are transmitted to the AI Sub-processor named in the DPA and the values it returns are shown as suggestions. They must be checked by a person before they are relied on; the Platform takes no decision based on them, and KleverCargo does not warrant their accuracy or completeness.
4.5 Viber and e-mail messages sent to a Client’s contacts through the Platform are sent on the Client’s instruction and in its name. The Client warrants that it may lawfully contact those persons and shall honour opt-out requests.
4.6 Clients may upload their own documents for counterparties to accept through the Platform, such as warehouse or location terms for time slot bookings, gate visit rules, terms and conditions attached to a request for quotation, supplier forms and general terms used in supplier onboarding, and transport order templates. Such documents are the Client’s own contract terms: KleverCargo only hosts them, presents them to the counterparty, and records whether, when and by whom they were accepted. KleverCargo is not a party to them, does not review their content or legality, and gives no warranty that they are enforceable. The Client that uploads them is solely responsible for their content and for the rights to use them, and nothing in them binds KleverCargo or amends the Contract. KleverCargo keeps the acceptance records for 10 years as evidence and makes them available to the Clients concerned.
5. Marketplace rules
5.1 An offer or request published on the Platform is an invitation to submit bids; a bid is a binding offer for the period stated or, if none is stated, until the pickup or storage date in the request. A bid can be withdrawn only before the other Client has received it.
5.2 An Agreement is concluded when the Buyer accepts a bid through the Platform. The Platform then discloses the Clients’ contact and company details to each other and generates a Transport Service Agreement recording the agreed terms. The Clients may download it at any time.
5.3 A Client may submit at most two bids to the same request; after two declined bids it may not bid again on that request. Pickup and delivery dates in an Agreement are of the essence; a date range is met by performance on any day within it.
5.4 Clients shall perform their Agreements in good faith and may report a counterparty’s breach to support@klevercargo.app. KleverCargo may, but is not obliged to, offer non-binding mediation. Any dispute between Clients is between them alone, and each Client waives claims against KleverCargo arising from the other Client’s conduct.
6. Fees, subscriptions and payment
6.1 KleverCargo offers subscription plans billed monthly or yearly per licensed User, a pay-as-you-go plan billed per Agreement concluded, and enterprise plans under an Order Form. The current plans and prices are published on the Pricing page and explained in the FAQ. Some features are free for registered Users; KleverCargo may change what is free with 30 days’ notice.
6.2 Whoever subscribes, or permits another person to subscribe, on behalf of a Client is liable for the Fees. Subscription Fees are payable in advance for each billing period; pay-as-you-go Fees within 14 days of the invoice date. Payment is by bank transfer against KleverCargo’s invoice unless otherwise agreed. Fees are exclusive of VAT and other taxes, which the Client bears, and must be paid without set-off or deduction for bank charges or withholding taxes; if a withholding applies, the Client shall gross up the payment.
6.3 Subscriptions renew automatically for the same period unless cancelled on the Platform before the renewal date. Downgrades and cancellations take effect at the end of the current billing period. Upgrades take effect immediately and are charged pro rata.
6.4 Fees paid are non-refundable, except where these Terms expressly provide for a refund of prepaid Fees. Unused licences and unused time are not refunded or credited.
6.5 Overdue amounts bear statutory default interest and KleverCargo may recover reasonable collection costs. If an amount is more than 15 days overdue KleverCargo may, after notice, suspend the Client Account until payment and, after 45 days, terminate the Contract.
6.6 KleverCargo may change prices with at least 30 days’ notice by e-mail to the Administrators or on the Platform. The change applies from the next renewal. A Client that does not accept a price change may cancel before it takes effect.
6.7 KleverCargo’s right to Fees does not depend on whether a Client has been paid by its counterparty under an Agreement.
7. Licence and acceptable use
7.1 KleverCargo grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your own internal business purposes in accordance with the Contract for the term of the Contract.
7.2 You shall not, and shall not allow anyone to: (a) copy, modify, translate, reverse engineer, decompile or create derivative works of the Platform; (b) access it by scraping, crawling, bots or any automated means other than the documented APIs and integrations KleverCargo makes available; (c) resell, sublicense, rent or provide the Platform to third parties, or use it to build or benchmark a competing product; (d) probe, scan or test its security, or interfere with its operation, without KleverCargo’s prior written consent; (e) upload malicious code or content that is unlawful, infringing, defamatory or misleading; (f) use it for goods or transactions that are unlawful or prohibited by applicable sanctions or export control law; (g) impersonate another person or company or misrepresent your affiliation; (h) share credentials or circumvent licence limits; or (i) use it in a way that violates applicable law or the rights of others.
7.3 Where KleverCargo provides APIs, their use is subject to any additional documentation and rate limits published with them. KleverCargo may change or withdraw an API with reasonable notice.
8. Client Data and data protection
8.1 Client Data remains the property of the Client. The Client grants KleverCargo a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display Client Data to the extent needed to provide the Services, to disclose it to the Clients the Client deals with as instructed through the Platform, and to comply with law.
8.2 KleverCargo may use data derived from the use of the Platform in anonymised and aggregated form, from which neither a Client nor a natural person can be identified, to operate, secure, improve and benchmark the Services and to publish market statistics. Client Data is never sold and is not used to train third-party AI models.
8.3 The Client is solely responsible for the accuracy, quality and legality of Client Data and of the way it obtained it, for the rights needed to upload it, and for making sure its Users and contacts do not upload special categories of personal data or data of children.
8.4 Where Client Data contains personal data, KleverCargo processes it as processor on behalf of the Client under the DPA, which forms part of the Contract and prevails over these Terms on data protection matters. KleverCargo processes account, billing, security and usage data of Users as controller as described in the Privacy Policy. Clients outside the EEA are responsible for compliance with the data protection and data export laws of their own country in their use of the Platform.
8.5 KleverCargo keeps the Platform backed up as described in the DPA and provides export of Client Data in commonly used formats during the term and for 30 days after it ends. A Client administrator can request the export on the Platform; it contains the data the Client entered and the records other Clients submitted to it, not the other Clients’ own records. The Platform is the record of what Clients agreed and did on it; it is not an archiving service for a Client’s statutory record keeping, and the Client remains responsible for retaining the records the law requires of it.
8.6 KleverCargo may access Client Data to provide support, to investigate suspected misuse or a security incident, or where the law requires it, and may remove or disable access to content that breaches the Contract or the law. KleverCargo has no general obligation to monitor Client Data.
8.7 The Platform sends service notifications (for example about bids, bookings, visits and Agreements) by e-mail, push notification and, where enabled, Viber, as part of the Services. Marketing communications are sent only with the recipient’s consent and can be stopped at any time.
9. Confidentiality
9.1 Each party shall keep confidential the other party’s non-public information received under the Contract (including Client Data, pricing, and the non-public features and security details of the Platform), use it only to perform the Contract and disclose it only to personnel, advisers and sub-contractors who need it and are bound by confidentiality. This does not apply to information that is public, already known to the recipient, independently developed, or that must be disclosed by law or court order, in which case the recipient shall give notice where lawful.
9.2 Information that a Client publishes on the Platform for other Clients to see, and the information disclosed to a counterparty when an Agreement is concluded, is not confidential towards those Clients. This Section survives for five years after the Contract ends.
10. Availability, support and changes to the Platform
10.1 KleverCargo aims to keep the Platform available around the clock and targets a monthly availability of 99.5%, excluding scheduled maintenance, force majeure and causes outside its control (such as failures of internet providers, hosting providers or the Client’s own systems). Scheduled maintenance is announced on the Platform in advance and, where possible, takes place outside Central European business hours. Service credits or other remedies for downtime apply only if agreed in an Order Form.
10.2 Support is available in English and Serbian by e-mail at support@klevercargo.app on business days. Other support terms may be agreed in an Order Form.
10.3 KleverCargo continuously develops the Platform and may add, change or remove features. Material removal of a feature that a paying Client uses is announced at least 30 days in advance, except where required for security or legal reasons. If such a change materially reduces the Services the Client pays for, the Client may terminate the affected subscription and receive a pro-rata refund of prepaid Fees for the remaining period; this is the Client’s sole remedy for changes.
11. Intellectual property
11.1 The Platform, its software, design, databases, documentation, trademarks and all related intellectual property rights belong to KleverCargo or its licensors. Nothing in the Contract transfers any of them to you; all rights not expressly granted are reserved.
11.2 If you give KleverCargo suggestions or feedback, KleverCargo may use them without restriction or compensation. Content generated by the Platform from Client Data (such as Transport Service Agreements and reports) may be used by the Client for its business purposes.
12. Third-party services and integrations
12.1 The Platform uses third-party services such as Google Maps (subject to the Google Maps Platform Terms of Service), Viber Business Messages and the sub-processors listed in the DPA. Their availability and terms are outside KleverCargo’s control.
12.2 Where a Client connects its own systems or a third-party service to the Platform (for example a transport management system or the Transporeon platform), it does so at its own risk, is responsible for the data it sends and receives through the integration, and authorises KleverCargo to exchange Client Data with that service as instructed.
12.3 Links to other websites are provided for convenience. KleverCargo is not responsible for their content, terms or privacy practices.
13. Warranties
13.1 KleverCargo warrants that it will provide the Services with reasonable skill and care and that the Platform will perform materially as described in its documentation. The Client’s sole remedy for breach of this warranty is that KleverCargo will use reasonable efforts to correct the non-conformity and, if it fails to do so within a reasonable time, the Client may terminate the affected subscription and receive a pro-rata refund of prepaid Fees for the remaining period.
13.2 Except as stated in 13.1, and to the extent permitted by law, the Platform is provided “as is” and KleverCargo disclaims all other warranties, express or implied, including fitness for a particular purpose and non-infringement. KleverCargo does not warrant that the Platform will be uninterrupted or error-free, that it will meet your specific requirements, or the accuracy of information provided by Clients, third-party services or the AI-assisted features.
13.3 The Platform is not designed for use where failure could lead to death, personal injury or severe environmental damage, and shall not be used for such purposes.
14. Limitation of liability
14.1 To the extent permitted by law, neither party is liable to the other for indirect or consequential loss, loss of profit, revenue, business, goodwill or anticipated savings, loss or corruption of data (other than as provided in the DPA), or the cost of substitute services, however caused.
14.2 To the extent permitted by law, KleverCargo’s total aggregate liability to a Client and its Users arising out of or in connection with the Contract in any 12-month period shall not exceed the Fees paid by that Client in the 12 months preceding the event giving rise to the claim or, if greater, EUR 500. For claims governed by the DPA the cap in the DPA applies instead and the two caps are not cumulative.
14.3 KleverCargo has no liability for Client Services, for the conduct, solvency or performance of any Client, for Agreements between Clients, for Client Data, or for loss caused by a Client’s or User’s breach of the Contract, misuse of credentials or failure to keep its own systems secure.
14.4 Nothing in the Contract limits liability for wilful misconduct or gross negligence, for death or personal injury caused by negligence, for fraud, or for any liability that cannot be limited under applicable law. The parties agree that the allocation of risk in this Section is an essential basis of the Contract and is reflected in the Fees.
14.5 Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, acts of authorities, strikes, failure of internet or hosting providers, and cyber-attacks not caused by the party’s negligence, for as long as the event lasts. Payment obligations are not excused by force majeure.
15. Indemnification
15.1 The Client shall defend, indemnify and hold harmless KleverCargo, its affiliates, officers, employees and contractors from and against all claims, damages, fines, costs and expenses (including reasonable legal fees) arising from: (a) Client Data or its use of the Platform in breach of the Contract or applicable law; (b) any Agreement or dispute between the Client and another Client or third party; (c) a claim by a User, contact or data subject connected to the Client; (d) breach of the sanctions and export control provisions; or (e) any act or omission of its Users.
15.2 KleverCargo shall defend the Client against any third-party claim that the Platform, as provided by KleverCargo and used in accordance with the Contract, infringes that third party’s intellectual property rights, and shall pay the damages finally awarded or agreed in settlement. This does not apply to claims arising from Client Data, third-party services, modifications not made by KleverCargo, or use after KleverCargo has offered a non-infringing alternative. KleverCargo may, at its option, modify or replace the affected feature or terminate the affected Services and refund prepaid Fees for the remaining period. This Section states the Client’s sole remedy for infringement claims.
15.3 The indemnified party shall notify the indemnifying party promptly, allow it to control the defence and settlement (provided no settlement admits fault or imposes obligations on the indemnified party without its consent), and provide reasonable cooperation at the indemnifying party’s cost.
16. Suspension and termination
16.1 The Contract begins when you first accept it or use the Platform and continues until terminated in accordance with this Section.
16.2 A User may delete its User Account, and a Client may close its Client Account, at any time on the Platform. Closing an account does not release the Client from Fees already due or from the current subscription period.
16.3 KleverCargo may suspend or restrict access to all or part of the Platform, with notice where practicable, if it reasonably believes that a User or Client is in breach of the Contract, that Client Data or an account is being used unlawfully or poses a security risk, that a sanctions or export control issue exists, or that suspension is necessary to protect the Platform or other Clients. KleverCargo shall lift the suspension when the cause is removed.
16.4 KleverCargo may terminate the Contract with a Client (a) for material breach not remedied within 15 days of notice; (b) immediately for non-payment under Section 6.5, for a serious breach of Section 7, 8.3 or 17, for fraud, or if the Client becomes insolvent or ceases business; or (c) for convenience with 60 days’ notice, in which case prepaid Fees for the period after termination are refunded. KleverCargo may also discontinue the Platform altogether with at least 90 days’ notice and a refund of prepaid Fees.
16.5 On termination the Client’s access ends, but Client Data can be exported for 30 days as set out in the DPA, after which it is deleted or anonymised as provided there. KleverCargo may retain data it needs to invoice and collect Fees, to comply with legal record-keeping obligations, to document Agreements for the other Client that was party to them, and to establish or defend legal claims. Anonymised data that identifies no person or Client may be retained without limit.
16.6 Sections 6 (as to amounts due), 8.1 to 8.3, 9, 11, 13.2, 14, 15, 16.5, 20 and 21, and any provision that by its nature should survive, survive termination.
17. Sanctions and export control
17.1 You represent that neither you, the Client, nor any of its owners, directors or Users are the target of sanctions administered by the United Nations, the European Union, the United Kingdom, the United States or the Republic of Serbia, and that you are not established in or owned or controlled from a comprehensively sanctioned territory.
17.2 You shall not use the Platform for any transaction, goods or counterparty prohibited by applicable sanctions, embargoes or export control laws, and you are solely responsible for screening your own counterparties and cargo. KleverCargo may refuse registration, suspend or terminate access and report as required by law where it reasonably believes this Section is or may be breached, without liability to you.
18. Notices
18.1 Notices to KleverCargo shall be sent by e-mail to legal@klevercargo.com or by registered mail to Klever Logistics doo, Đorđa Isakova 22, 21241 Kać, Republic of Serbia. Data protection matters: privacy@klevercargo.com. Security matters: security@klevercargo.com. Support: support@klevercargo.app.
18.2 Notices to a Client are given by e-mail to the addresses of its Administrators registered on the Platform or by notice displayed on the Platform, and to a User by e-mail to its registered address. E-mail and in-Platform notices are deemed received on the next business day; registered mail on the fifth business day after posting.
19. Changes to these Terms
19.1 KleverCargo may amend these Terms. Changes that do not reduce your rights (such as new features, clarifications or changes required by law) take effect when published on the Platform. Other changes are announced at least 30 days before they take effect by e-mail to Administrators and on the Platform, or are presented for acceptance on the Platform. Each version carries a version number and effective date, and KleverCargo keeps a record of the version you accepted.
19.2 If you do not agree with a change you may terminate the Contract before it takes effect, with a pro-rata refund of prepaid Fees for the period after termination. Continued use after the effective date constitutes acceptance.
20. Governing law and dispute resolution
20.1 The Contract and any dispute arising out of or in connection with it, including its formation and validity, are governed by the laws of the Republic of Serbia, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. Mandatory provisions of the law of the Client’s country that cannot be excluded by agreement remain unaffected.
20.2 Before starting proceedings a party shall notify the other of the dispute in writing under Section 18 and the parties shall try in good faith to resolve it within 30 days.
20.3 Any dispute not resolved within that period shall be finally settled by arbitration under the Rules of the Foreign Trade Court of Arbitration at the Chamber of Commerce and Industry of Serbia, by a sole arbitrator, seated in Belgrade, Serbia, in the English language. The award is final and binding and may be enforced in any court of competent jurisdiction. Either party may seek interim or injunctive relief from a competent court, and KleverCargo may bring claims for unpaid Fees or to protect its intellectual property before the competent court at the Client’s seat or in Novi Sad.
20.4 Disputes shall be resolved individually. Class, collective or representative proceedings are excluded to the extent permitted by law. The Standard Contractual Clauses incorporated in the DPA keep their own governing law and forum as stated there.
21. General provisions
21.1 The Contract is the entire agreement between you and KleverCargo on its subject matter and supersedes all prior agreements. In case of conflict the order of precedence is: Order Form, DPA (for data protection matters), these Terms, Privacy Policy, Cookie Policy, other documentation.
21.2 KleverCargo may assign or transfer the Contract to an affiliate or to a successor of its business, and may use sub-contractors; the Client may not assign it without KleverCargo’s written consent, not to be unreasonably withheld. KleverCargo may name the Client as a customer in customer lists unless the Client objects in writing.
21.3 If a provision is invalid or unenforceable it shall be replaced by a valid provision that comes closest to its purpose and the rest of the Contract remains in force. A failure to enforce a right is not a waiver of it. The parties are independent contractors. Communications and acceptances made electronically on the Platform satisfy any requirement of writing and signature.