PLATFORM TERMS OF SERVICE

trucklo.eu

§ 1. GENERAL PROVISIONS

1. The owner and operator of the Platform is Trucklo Sp. z o.o. with its registered office in Poznań, ul. Stanisława Barańczaka 1B lok. 4, 60-537 Poznań, Poland, entered in the register of entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0001234469, NIP 7812108719, REGON 544467509, share capital PLN 5,000.00 (“Service Provider”).
2. The Terms of Service set out the rules for using the Platform and constitute terms of service within the meaning of Article 8 of the Act on the Provision of Electronic Services. They are made available free of charge at trucklo.eu/regulamin in Polish, English, and French, in a manner enabling them to be downloaded, recorded, and reproduced.

3.Relationship to the Participation Agreement. The Terms of Service apply to the use of the Platform by all Users. A Manufacturer's paid participation in the enquiry-routing system is governed by a separate Participation Agreement together with the Price List. In the event of any discrepancy between the Terms of Service and the Participation Agreement, the provisions of the Agreement prevail in relation to the Manufacturer.

1. Polish law is the governing law. Disputes are resolved by the court having jurisdiction over the registered office of the Service Provider, unless mandatory statutory provisions provide otherwise. In the event of any discrepancy between the language versions, the Polish version prevails.

§ 2. DEFINITIONS

§ 3. NATURE OF THE SERVICE

1.The Platform enables Manufacturers to present their profile, offering, and information on the products offered and their capacity to fulfil orders, and enables Buyers to search for Manufacturers and submit requests for quotation concerning new bodies for commercial vehicles. In the case of Enquiries submitted through the form, the Platform, based on the information contained in the Enquiry and the scope of business, offering, and order-fulfilment capacity declared by Manufacturers, routes the Enquiry to Manufacturers whose profile or declared capabilities correspond to the subject of the Enquiry.

2.The Service Provider is not a party to the transaction concluded between the Buyer and the Manufacturer. The Service Provider is not a commercial intermediary, agent, representative, commission agent, or broker for either party. It does not participate in negotiations or in the conclusion or performance of agreements between the Buyer and the Manufacturer, does not process sales or payments on the Platform, and does not collect any commission on concluded transactions. Sale, rental, leasing, and financing agreements are concluded outside the Platform, without the involvement of the Service Provider.

3.The service comprises both the presentation of the Manufacturer and its offering on the Platform, and the functionalities relating to the routing of requests for quotation. The scope and manner of presenting the Manufacturer's profile and offering, as well as the scope and manner of routing Enquiries, depend on the current functionality of the Platform and the scope of service selected by the Manufacturer. Information published on the Platform concerning the Manufacturer and its offering originates from the Manufacturer, unless its nature or labelling indicates otherwise.

4.The Service Provider does not guarantee any particular level of visibility for a Manufacturer's profile or offering, any particular number of views, contacts, or requests for quotation, or their quality or conversion into transactions. The Service Provider does not guarantee that the Manufacturer will conclude any transaction or achieve any particular sales results. The Service Provider is not responsible for the content, currency, completeness, or quality of information and materials concerning the Manufacturer's offering that were provided or published by the Manufacturer, without prejudice to the Service Provider's obligations under mandatory statutory provisions.

§ 4. TERMS OF USE

1. The Platform may be used by adults with full legal capacity, acting for purposes related to their business or professional activity (B2B model).

2.Consumer status. The Platform does not sell goods or services to consumers; a Buyer's use of it is free of charge and does not result in the conclusion of a sales agreement through the Platform. If a consumer within the meaning of Article 22¹ of the Civil Code nevertheless uses the Platform, the rights afforded to them under mandatory consumer-protection provisions remain unaffected. An indication in the form that the Enquiry is submitted by a private purchaser is purely informational and serves to match the Enquiry.

The following, in particular, are prohibited:

a)circumventing the Platform's technical safeguards, including the Contact Reveal mechanism;

b)automated data harvesting (scraping) and building one's own database based on the Platform's resources;

c)submitting false Enquiries, spamming, and misleading other Users;

d)infringing the law, personal rights, or the intellectual property rights of third parties;

e)engaging in conduct that disrupts the functioning of the Platform or the security of its Users.

§ 5. MANUFACTURER ACCOUNT

1.A Manufacturer's typical path includes: expressing interest in a presence on the Platform → invitation to begin cooperation → provision of data concerning the Manufacturer, its offering and order-fulfilment capacity, and materials for the profile → preparation of the profile by the Service Provider → publication of the profile → activation of the Manufacturer Panel.

2.The Manufacturer is required to provide the Service Provider with complete, current, and factually accurate data and materials necessary to prepare and publish the profile. The Service Provider may make any necessary editing, formatting, or organisation of the submitted content in order to adapt it to the Platform's functionality and standards, without changing its substantive meaning.

3.Once the profile has been prepared, the Service Provider may provide the Manufacturer with a preview of it before publication. The Manufacturer is required to promptly report to the Service Provider any errors or discrepancies it notices. Failure to report errors within the time indicated by the Service Provider may be treated as acceptance of the profile in the version presented.

1. The Manufacturer is responsible for keeping the login credentials for the Manufacturer Account confidential and for actions taken using those credentials. If the Manufacturer suspects that its login credentials have been disclosed, it should promptly notify the Service Provider at contact@trucklo.eu. Publication of the profile does not require separate confirmation by the Manufacturer, provided that the Manufacturer has supplied the required data and materials and meets the conditions for using the Platform set out in the Terms of Service. The Service Provider may publish the profile once it has been prepared and verified, in accordance with the current functionality of the Platform.
2. Payment by the Manufacturer of a pro forma invoice or other payment document issued by the Service Provider constitutes acceptance of the terms of service set out in the Terms of Service and confirmation of the commencement or continuation of the paid service. Payment of the payment document does not constitute separate confirmation of the correctness of every element of the Manufacturer's profile.
3. The Service Provider may refuse to publish the profile or activate the Manufacturer Account if the data provided is incomplete, factually inaccurate, contrary to the Terms of Service or applicable law, or if the registration details of the applying entity could not be confirmed. A refusal to publish or activate does not constitute a commercial or qualitative assessment of the Manufacturer.

§ 6. OBLIGATIONS OF THE MANUFACTURER

1. The Manufacturer is required to ensure the accuracy, completeness, and currency of the data relating to its profile, in particular its registration details, location, descriptions, materials, and information on the products offered and declared production capabilities. This information is used by the Platform when presenting the Manufacturer and when routing Enquiries.
2. Holding the rights to the published logo, photographs, descriptions, and other materials, and ensuring that they do not infringe the rights of third parties. The Manufacturer represents that it holds the rights, or the appropriate consents, to publish the submitted logo, photographs, descriptions, and other materials, and that their publication on the Platform does not infringe the rights of third parties.

3.The Manufacturer may use Buyer data received through the Platform to handle the specific Enquiry. Using this data for other purposes, in particular for its own marketing activities, building contact databases, or transferring it to third parties, requires an appropriate legal basis, for which the Manufacturer is responsible.

1. The Manufacturer is required to handle Enquiries in a timely manner in accordance with § 8.

§ 7. OBLIGATIONS OF THE BUYER

1.The Buyer is required to provide true and current data in the Enquiry and in the other forms on the Platform.

2.The Buyer is required to use Manufacturers' contact details obtained through the Platform solely for a purpose related to the Enquiry submitted.

3.It is prohibited to misuse the functionalities of the Platform, in particular by submitting fictitious or misleading Enquiries and by automatically harvesting, copying, or collecting Manufacturers' contact details.

4.The Buyer's use of the Platform is free of charge, without prejudice to any functionalities or services that may in the future be made available on separate terms.

§ 8. ENQUIRIES: CREATION, MATCHING, RESPONSE DEADLINE

1.An Enquiry is created once the form available on the Platform has been completed and the required contact details have been provided. Enquiries that are incomplete, unverifiable, or manifestly not serious may not be routed to Manufacturers.

2.Matching an Enquiry to Manufacturers is carried out in a partly automated manner, based on the information contained in the Enquiry and the data and parameters declared by Manufacturers. When routing Enquiries, the Platform takes into account, in particular, the technical feasibility of fulfilling the Enquiry and the scope of business and sales channel declared by the Manufacturer for the given market. Other criteria may be taken into account as additional criteria or as factors affecting the order of matching. The matching result may be subject to review by the Service Provider's team.

3.The Manufacturer should make contact with the Buyer within 24 hours of receiving the Enquiry. Informing the Buyer that the Enquiry cannot be fulfilled is also considered a response.

4.If there is no response from the Manufacturer within the time indicated in paragraph 3, the Service Provider may route the Enquiry to further Manufacturers meeting the relevant matching criteria.

5.Notifications of a received Enquiry may be sent by e-mail and by SMS message to the contact details indicated by the Manufacturer.

6.The Buyer's data is made available to the Manufacturer to the extent necessary to handle the Enquiry. Upon the data being made available, the Manufacturer becomes a separate controller of the Buyer's personal data to the extent that it processes it for its own purposes and at its own responsibility. Detailed rules on data processing are set out in the Privacy Policy.

§ 9. CONTACT REVEAL

1. A Manufacturer's contact details on the public page may be disclosed only after being clicked by the User. This mechanism serves to limit automated data collection and to protect Manufacturers against spam.
2. It is prohibited to bypass this mechanism, to use bots to harvest contact details, and to further distribute the data obtained for purposes unrelated to B2B business contact.

§ 10. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

1. Rights to the Platform, including its code, graphic layout, structure, taxonomy, Manufacturer List, databases, and the Service Provider's marks, belong to the Service Provider or its licensors, to the extent resulting from applicable law.
2. The Manufacturer grants the Service Provider a non-exclusive, royalty-free licence to use the logo, photographs, graphics, descriptions, and other materials provided by the Manufacturer to the extent necessary to provide the services, in particular by publishing them on the Platform, presenting them in search results and Manufacturer profiles, and using them in informational and promotional activities concerning the Platform, including in the Service Provider's digital channels. The licence remains in effect for as long as the Service Provider publishes or uses the given materials and expires once they are removed from the Platform, without prejudice to materials contained in backup copies, technical archives, or materials published before their removal.

3.The licence referred to in paragraph 2 does not include the right to grant sublicences to third parties, except to technical, hosting, marketing, or other service providers cooperating with the Service Provider, to the extent necessary to provide the services and operate the Platform.

4.Materials provided by Manufacturers are not used by the Service Provider to train artificial-intelligence models, nor made available to third parties for that purpose.

1. Without the Service Provider's prior consent, a User may not copy, download, use, or re-use a substantial part of the Platform's database, or systematically or repeatedly extract or use insubstantial parts of it, where such action infringes the Service Provider's rights under database-protection law.

§ 11. FEES

1.The Buyers' use of the Platform is free of charge. The Service Provider does not charge Buyers any fees for browsing the Platform, accessing the Manufacturer List, or submitting an Enquiry.

2.Services provided to Manufacturers are subject to a fee. The scope of the paid service may include, in particular, the presentation of the Manufacturer's profile and offering on the Platform and participation in the enquiry-routing system. The amount of the fee and the billing variants are set out in the Price List forming an annex to the Participation Agreement. Detailed payment and invoicing terms, and the terms for terminating the Agreement, are set out in the Agreement itself.

3.The Service Provider does not charge any commission on transactions concluded between the Buyer and the Manufacturer as a result of using the Platform, nor any fee for an individual Enquiry, unless the Price List or the Agreement provides otherwise.

4.

§ 12. LIABILITY

1.The Service Provider exercises due care to ensure the proper functioning of the Platform, but does not guarantee its uninterrupted availability or any particular number, frequency, or quality of Enquiries. The Service Provider provides services within the scope of the Platform's functionality with due care and does not guarantee that the Manufacturer will achieve any particular result, in particular any particular level of sales or number of concluded transactions.

2.The Service Provider is not liable for the content, currency, or performance of Manufacturers' offers, for the course of negotiations between the Buyer and the Manufacturer, or for the performance or non-performance of agreements concluded between them outside the Platform, without prejudice to the Service Provider's liability under mandatory statutory provisions.

3.The Service Provider's liability for failure to perform or improper performance of the services provided through the Platform, to the extent permitted by applicable law, is limited to actual damage and does not extend to lost profits. Where the Manufacturer is a party to the Participation Agreement, the monetary limitation of liability set out in that Agreement also applies.

4.These limitations do not apply to damage caused intentionally (Article 473 § 2 of the Civil Code), to personal injury, to liability for infringement of personal-data-protection provisions, or to cases in which the exclusion of liability is impermissible under law.

§ 13. ILLEGAL CONTENT (DSA)

1. The Service Provider provides an intermediary service within the meaning of Regulation (EU) 2022/2065 (the Digital Services Act, DSA). Point of contact: compliance@trucklo.eu. Communication is conducted in Polish, English, and French.
2. A notice of illegal content should include a statement of reasons, the exact electronic address (URL) of the content, the contact details of the person submitting the notice, and a statement of good faith as to the accuracy of the notice (Article 16 DSA).
3. The Service Provider acknowledges receipt of the notice and considers it in a timely, non-arbitrary, and objective manner, within a period not exceeding 14 days. Content moderation is carried out by a human; the Platform does not use automated content removal.
4. Where the visibility of content is restricted, a service is suspended, or an account is blocked, the Service Provider provides a statement of reasons for the decision together with information on available remedies (Article 17 DSA). An appeal may be lodged within 14 days at compliance@trucklo.eu and is considered within 30 days by a person who did not participate in the contested decision.
5. The provisions of this paragraph do not limit the right to bring proceedings before a court or to pursue out-of-court dispute resolution in accordance with Article 21 DSA.

§ 14. COMPLAINTS AND CONTACT

1. Complaints regarding the operation of the Platform should be submitted to contact@trucklo.eu or through the contact form. A complaint should include the identity of the person submitting it, a description of the objection, and the outcome sought.
2. The Service Provider responds within 14 days. Complaints from a Manufacturer bound by the Participation Agreement are handled under the procedure provided for in that Agreement.

§ 15. SUSPENSION AND REMOVAL

1. The Service Provider may suspend or remove an account, profile, or specific content in the event of a breach of the Terms of Service, a breach of law, or a threat to the security of the Platform. The decision requires a statement of reasons in accordance with § 13(4).
2. The Manufacturer may request removal of its account at any time. The consequences for personal data are set out in the Privacy Policy; the consequences for an ongoing Participation Agreement are set out in that Agreement.

3.A Manufacturer whose profile was created by the Service Provider based on publicly available information, and who has not entered into a Participation Agreement or confirmed participation on the Platform, may request the removal of the profile and any related content at any time, without giving a reason. The Service Provider removes such a profile without delay, without prejudice to data or materials whose continued storage is required by law or is necessary for technical, evidentiary, or Platform-security purposes

§ 16. CHANGES TO THE TERMS OF SERVICE

1. The Service Provider may change the Terms of Service for important reasons: changes in the law, changes in the scope or manner of providing the services, technological changes, or a change in the terms on which service providers supply their services.
2. The new version is published at trucklo.eu/regulamin together with its effective date, at least 14 days before it takes effect. Registered Manufacturers are additionally notified by e-mail.
3. A change to the Terms of Service does not affect the terms of a Participation Agreement concluded before it takes effect; the procedure for amending the Agreement is set out in the Agreement itself.

§ 17. FINAL PROVISIONS

1. If any provision of the Terms of Service proves to be invalid or ineffective, the remaining provisions remain in force.
2. Matters not regulated herein are governed by Polish law, in particular the Civil Code, the Act on the Provision of Electronic Services, the GDPR, and the DSA.
3. An integral part of using the Platform is formed by the Privacy Policy and the Cookie Policy, both available on the Platform.