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TERMS AND CONDITIONS OF USE

of the Platform developed by

VIA NEXUS GLOBAL S.R.L.

Platform https://vianexusglobal.com/ (website) and mobile application [insert commercial name]

Version 1.0 | Effective date: [10.03.2026]

PREAMBLE AND ACCEPTANCE OF TERMS

Please read these Terms and Conditions of Use (hereinafter "T&C" or "Agreement") carefully before accessing or using the web platform https://vianexusglobal.com/ or the mobile application. This webpage, together with the mobile application, shall hereinafter be collectively referred to as the "Platform".

By accessing, registering on or using the Platform in any manner, you express your free, express, full and unconditional agreement to all the terms of this Agreement. If you do not agree with any of these terms, you are not entitled to use the Platform or your access will be limited to certain functionalities only. This Agreement constitutes a valid and binding contract between you, as User, and the Operator, in accordance with the Romanian Civil Code, in particular Articles 1170 and 1203 Civil Code.

This Agreement has been drafted by the Operator in the exercise of the freedom of contract guaranteed by Article 1170 of the Civil Code. The User has had the opportunity to review the terms prior to acceptance and acknowledges that they represent the common intention of the parties, reached under conditions of free and prior access to the content of the Agreement. This Agreement does not constitute a contract of adhesion within the meaning of civil law.

This Agreement is to be read in conjunction with the Privacy Policy (GDPR) and the Cookie Policy, which apply jointly to the relationship between the User and the Operator. These legal documents are available at [INSERT URL x2] and form an integral part of this Agreement.

1. DEFINITIONS

  • "Operator" / "Rights Holder": VIA NEXUS GLOBAL S.R.L., fiscal code 43957533, a Romanian legal entity with registered office at Strada Gheorghe Lazar, Bloc N15, Ap. 10, Simleu Silvaniei, Salaj County, Trade Registry no. J2021000170311, legally represented by its statutory administrator Tistu Vlad Lucian.
  • "Platform": the ensemble comprising the website https://vianexusglobal.com/ and the mobile application available on iOS and Android, owned and operated by the Operator, marketed under the name [insert mobile name].
  • "User": any natural person aged at least 18 years or any legal entity, whether public or private, that accesses or uses the Platform in any manner and accepts this Agreement. The category of User includes both the beneficiaries of transport services (Shippers) and authorized carriers providing freight transport services.
  • "Shipper": the User who requests road freight transport services through the Platform.
  • "Carrier": the User duly authorized under applicable law who provides road freight transport services through the Platform.
  • "Transport Contract": the contract concluded through the Platform between the Operator (acting as direct contracting party to the Shipper) and the Carrier, for the provision of road freight transport services, governed by the Romanian Civil Code.
  • "Account": the personal account created by the User on the Platform, with unique and non-transferable authentication credentials.
  • "Services": all services offered through the Platform, including transport intermediation, assistance throughout transport (from loading to final destination) and any other available functionalities.
  • "CMR": the international consignment note within the meaning of the Convention on the Contract for the International Carriage of Goods by Road (CMR), ratified by Romania.
  • "APPLICABLE LAW": designates any national (Romanian) or EU legislative provision (adopted by the legislative bodies of the European Union) that applies, on a supplementary basis, to this Agreement and to the other legal documents forming an integral part thereof.

2. SUBJECT MATTER AND DESCRIPTION OF SERVICES

The Operator owns and operates the Platform, a digital road freight transport intermediation application, through which the Operator:

  • connects Shippers with available authorized Carriers;
  • enters into transport contracts as direct contracting party to the Shipper;
  • provides active assistance throughout transport, from loading to final destination;
  • offers a secure integrated payment system and an integrated invoicing system;
  • provides real-time GPS tracking of the transport;
  • manages transport documents (CMR and similar documents).

The Operator sets the transport price as a fixed rate (available on the Platform or communicated electronically directly to the Shipper) and communicates it to the Shipper prior to order confirmation. By confirming the order, the Shipper accepts the price and the terms of the Transport Contract, becoming party to a valid and binding contract governed by the Romanian Civil Code.

The Transport Contract is deemed validly concluded at the moment the Operator transmits to the Shipper the electronic confirmation of the order, in accordance with Article 9 of Law no. 365/2002 on electronic commerce. From that moment, the order is irrevocable and the Shipper is obligated to pay the confirmed price.

3. ACCOUNT REGISTRATION. ELIGIBILITY

Use of the Platform requires the creation of an Account. By creating an Account, the User declares and warrants that:

  • they are at least 18 years of age;
  • they have full legal capacity to enter into legal acts, both capacity of use and capacity of exercise;
  • in the case of legal entities: they are duly authorized to act on behalf of the represented entity and to bind it contractually;
  • the data provided at registration is complete, accurate and up to date;
  • they have not previously been suspended or excluded from the Platform for misconduct.

The User is solely responsible for the confidentiality of their authentication credentials and for all activities carried out through their Account. The User bears full responsibility for the accuracy of the data provided to the Operator and registered on the Platform. Any unauthorized use of the Account must be immediately notified to the Operator.

For Carriers, registration is conditional upon the provision and validation by the Operator of the following documents: valid road transport licence, driver certificate of professional competence, valid transport insurance with proof of full payment or all instalments current, vehicle registration certificate and any other documents required under applicable Romanian road freight transport law. The Operator reserves the right to refuse or suspend access to any Carrier who does not meet the legal authorization requirements.

4. INTELLECTUAL PROPERTY RIGHTS. LICENCE TO USE

The Operator is the exclusive owner of all intellectual property rights in the Platform, including but not limited to: source code, algorithms, interface, graphics, trademarks, logos, texts and any other software or hardware components (hereinafter "Protected Content").

The Operator grants the User a non-exclusive, non-transferable, revocable and royalty-free licence to access and use the Platform solely for its intended purpose and in accordance with this Agreement. The licence does not confer any ownership right over the Protected Content.

The User is not entitled to:

  • copy, reproduce, distribute or transmit the Platform or the Protected Content;
  • modify, disassemble, decompile or reverse-engineer the Platform;
  • create derivative works based on the Platform or the Protected Content;
  • use the Platform or the Protected Content for their own commercial purposes beyond those provided for by this Agreement;
  • remove or modify any copyright notices or other intellectual property indications.

Any infringement of the Operator's intellectual property rights shall give rise to the User's civil liability in accordance with the Civil Code and applicable intellectual property legislation.

5. USER OBLIGATIONS AND PROHIBITIONS

5.1. General obligations

The User undertakes to:

  • provide complete, accurate and up-to-date data;
  • use the Platform exclusively for lawful purposes;
  • comply with applicable Romanian and European Union law;
  • not prejudice the rights or legitimate interests of other Users, the Operator or third parties;
  • immediately notify the Operator of any unauthorized use of their Account.

5.2. Express prohibitions

The following are strictly prohibited, under penalty of civil and/or criminal liability:

  • use of authentication credentials not belonging to the User;
  • impersonation of another natural or legal person;
  • unauthorized collection, storage or processing of other Users' personal data;
  • disruption of the normal functioning of the Platform, including through denial-of-service attacks, malicious code injection or any other destructive action;
  • uploading or transmitting illegal, defamatory, obscene or third-party-rights-infringing content;
  • use of the Platform for the purpose of committing fraud, money laundering or any other criminal activity;
  • taking screenshots or audio-visual recordings of the Platform for purposes not authorized by the Operator;
  • any action contrary to this Agreement or applicable law.

6. OPERATOR OBLIGATIONS

The Operator undertakes to:

  • maintain the Platform in optimal operating condition, except during planned maintenance periods or force majeure events (power outages, wars, floods or other unforeseeable and insurmountable events);
  • process transport orders fairly and transparently;
  • process personal data in accordance with GDPR and the Privacy Policy;
  • notify Users of material changes to this Agreement;
  • provide an active assistance system throughout transport.

The Operator does not guarantee uninterrupted availability of the Platform. Planned maintenance periods will be communicated in advance where possible.

7. PAYMENT FOR SERVICES

The transport price is displayed as a fixed rate prior to order confirmation. Payment is made exclusively through the payment methods available on the Platform (bank card or other accepted payment instruments). By confirming payment, the User expressly agrees to the debit of the corresponding amount. Payment is an essential and mandatory condition for the provision of services.

Payment processing is carried out by an authorized third-party payment processor. The Operator does not store full bank card data.

If the Shipper cancels the order after acceptance by the Carrier, the Operator may retain a cancellation fee in accordance with the fee schedule available on the Platform at [insert URL].

8. LIABILITY AND LIMITATION OF LIABILITY

8.1. Operator liability

The Operator shall be liable for direct damages caused to Users only to the extent that such damages are the direct result of the Operator's proven fault. In no event shall the Operator's liability exceed the total value of the services paid by the affected User for the transport in question.

The Operator shall not be liable for: (i) indirect, incidental or consequential damages; (ii) loss of profit or data; (iii) technical failures beyond the Operator's control; (iv) the actions or omissions of Carriers in performing the Transport Contract; (v) content published by Users on the Platform; (vi) non-performance due to force majeure.

8.2. User liability

The User shall be fully liable, civilly and/or criminally, for any damage caused to the Operator, other Users or third parties as a result of breach of this Agreement or applicable law. The User undertakes to indemnify and hold the Operator harmless from any claims, actions or expenses (including legal fees) arising from the User's conduct.

9. PROCESSING OF PERSONAL DATA

The User acknowledges and agrees that the Operator processes their personal data as described in the Privacy Policy (GDPR) available at [insert URL], which forms an integral part of this Agreement. By using the Platform, the User consents to the processing of technical usage data (including real-time location data during transport) for the purpose of providing the services.

Personal data is processed in accordance with Regulation (EU) 2016/679 (GDPR), Law no. 190/2018 and Law no. 506/2004. Data subject rights (access, rectification, erasure, portability, etc.) may be exercised at vlad@vianexusglobal.com.

10. COOKIES

The Platform uses cookies and similar technologies as described in the Cookie Policy available at [insert URL], which forms an integral part of this Agreement. Consent for non-essential cookies may be managed via "Cookie Settings" on the Platform.

11. PLATFORM AND TERMS UPDATES

The Operator reserves the right to modify, update or discontinue any feature of the Platform at any time, with or without prior notice, to the extent permitted by law.

This Agreement may be unilaterally modified by the Operator. Users give their express, irrevocable and unconditional consent for this Agreement to be unilaterally modified by the Operator under reasonable conditions. Users are notified by publication of the updated version on the Platform with the effective date, and, for material changes, by direct notification (e-mail or in-app notification). Continued use of the Platform after the effective date of the changes constitutes unconditional acceptance of the new terms, on the basis of the advance consent given in relation to the initial/prior version of this Agreement.

12. TERMINATION OF THE AGREEMENT

This Agreement terminates upon:

  • deletion of the Account by the User β€” with immediate effect, except for obligations arising prior to deletion;
  • suspension or closure of the Account by the Operator, in the event of breach of this Agreement or applicable law, with immediate effect and without any notice requirement in the case of serious breaches;
  • cessation of the Platform's operation β€” the Operator will notify Users at least 30 days in advance.

Upon termination of the Agreement, the User loses the right to access their Account and stored data, subject to the rights conferred by GDPR.

13. FORCE MAJEURE

Neither party shall be liable for non-performance or defective performance of obligations where this is due to a force majeure event within the meaning of Article 1351 of the Romanian Civil Code. The party invoking force majeure must notify the other party as soon as possible and make all reasonable efforts to mitigate the damage.

14. GOVERNING LAW. DISPUTE RESOLUTION

This Agreement is governed and construed exclusively in accordance with Romanian law as substantive law, regardless of the country of residence, domicile, fiscal domicile, tax residence or place of incorporation of the User and its specific governing legislation. In the event of any dispute arising out of or in connection with this Agreement, the parties shall attempt in good faith to reach an amicable resolution within 30 days of written notification of the dispute.

In the absence of an amicable resolution, disputes shall be submitted to the competent courts at the Operator's registered office, in accordance with the Romanian Code of Civil Procedure (lex fori).

In accordance with Article 1203 of the Civil Code, the User expressly acknowledges the clauses of this Agreement that limit the Operator's liability, confer upon the Operator the right to unilaterally modify the Agreement, the right to unilaterally suspend or terminate the Account, and the right to exclusively set service prices. Ticking the acceptance box / confirming registration constitutes express acceptance of these clauses within the meaning of Article 1203 Civil Code.

15. FINAL PROVISIONS

  • Entire Agreement: this Agreement, together with the Privacy Policy and Cookie Policy, constitutes the entire agreement between the parties regarding the use of the Platform.
  • Partial invalidity: the invalidity of any provision shall not affect the validity of the remaining provisions, which shall remain in force.
  • Waiver: the Operator's failure to exercise any right under this Agreement shall not constitute a waiver of that right.
  • Communications: the Operator's notices and communications to the User are sent to the e-mail address provided at registration or via in-app notifications. User communications to the Operator shall be sent to vlad@vianexusglobal.com.

CONTACT DETAILS

  • Operator: VIA NEXUS GLOBAL S.R.L.
  • E-mail: vlad@vianexusglobal.com
  • DPO / GDPR: vlad@vianexusglobal.com
  • Platform: https://vianexusglobal.com

Last updated: [10.03.2026] | Version 1.0

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