Terms and Conditions

1. Definitions

• "Account" means a registered user profile within the Service
• "Organization" means a transport company or business entity registered on the platform
• "User" means any individual who accesses the Service, including administrators, transport managers, and drivers
• "Transport" means a shipment or cargo movement tracked through the Service
• "Content" means any data, text, documents, images, or other materials uploaded to or generated by the Service

2. Account Registration

To use the Service, you must:

• Be at least 18 years old
• Provide accurate, complete, and current registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized use of your account

You are responsible for all activities that occur under your account. Organization administrators are responsible for managing user access within their organization.

3. Use of the Service

3.1 Permitted Use

The Service is provided for legitimate transport management and logistics operations. You may use the Service to:

• Create and manage transport shipments
• Track vehicle positions and monitor fleet operations
• Manage driver assignments and compliance records
• Exchange freight capacity through the marketplace
• Communicate with transport participants

3.2 Prohibited Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or its infrastructure
• Upload malicious software or content
• Scrape, crawl, or harvest data from the Service without authorization
• Impersonate another user or entity
• Use the Service to track individuals without their knowledge and consent

4. Data and Content

4.1 Your Content

You retain ownership of all Content you upload to the Service. By uploading Content, you grant us a limited license to store, process, and display it as necessary to provide the Service. This license ends when you delete the Content or close your account.

4.2 Data Accuracy

You are responsible for the accuracy of data you enter into the Service, including transport details, vehicle information, and driver records. We are not liable for consequences arising from inaccurate data.

4.3 Data Processing

We process your data in accordance with our Privacy Policy and applicable data protection laws, including the EU General Data Protection Regulation (GDPR).

5. Location Tracking

The Service includes GPS-based location tracking for vehicles and drivers. By using the mobile application:

• Drivers consent to foreground and background location tracking during active transport assignments
• Organization administrators are responsible for informing their drivers about location tracking practices
• Location data is used solely for transport management purposes (tracking, ETA calculation, geofence detection)
• Drivers may disable background tracking when not on active assignment

6. Marketplace

The Service includes a freight marketplace connecting carriers and shippers. When using the marketplace:

• MARS acts as a platform facilitator and is not a party to transport contracts between users
• Carriers are responsible for maintaining valid operating licenses and insurance
• All bids and agreements made through the marketplace are binding between the parties involved
• We reserve the right to verify carrier credentials and suspend accounts that fail verification

7. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may temporarily suspend the Service for maintenance, updates, or security purposes. We will provide reasonable notice when possible.

8. Intellectual Property

The Service, including its design, features, code, and documentation, is owned by MARS and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

9. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind
• We are not liable for any indirect, incidental, consequential, or punitive damages
• Our total liability for any claim related to the Service shall not exceed the fees paid by you in the 12 months preceding the claim
• We are not liable for delays, losses, or damages arising from transport operations managed through the Service
• ETA calculations are estimates based on available data and EU regulations — they are not guaranteed arrival times

10. Termination

Either party may terminate the use of the Service at any time. We reserve the right to suspend or terminate your access if you violate these Terms. Upon termination:

• Your right to use the Service ceases immediately
• We will retain your data for the period required by applicable laws
• You may request export of your data before account closure

11. Partner Check — Service Description

MARS Partner Check is a digital tool designed for evaluating business partners by aggregating and analyzing data from public sources and/or third-party providers. The service is intended exclusively for informational purposes and decision-support. It does not constitute a credit report, background check, or due diligence certification.

12. Partner Check — Eligibility and Account

• Access to MARS Partner Check is restricted to legal entities (companies) and authorized sole traders (PFA/freelancers).
• The User is responsible for account security and all actions performed under the account.
• The User warrants that all information provided during registration and use is accurate and up to date.

13. Partner Check — Acceptable Use

In addition to the restrictions in Section 3.2, when using Partner Check you agree not to:

• Use the service for illegal, abusive, or defamatory purposes
• Engage in automated data extraction (scraping) without prior written consent
• Resell, redistribute, or sublicense reports or data generated by the service

MARS reserves the right to suspend access in case of abusive or unauthorized use.

14. Partner Check — Data Sources and Accuracy

• Information provided through Partner Check is sourced from publicly available registries and third-party data providers.
• MARS does not control these sources and does not guarantee the accuracy, completeness, or timeliness of the data.
• The structure, scoring models, and analyses generated by MARS Partner Check are the intellectual property of MARS.

15. Partner Check — No Professional Advice

MARS Partner Check does not provide legal, financial, tax, or compliance advice. Users are solely responsible for independently validating information and for any business decisions made based on the service's output.

16. Partner Check — Limitation of Liability

In addition to the limitations set out in Section 9, with respect to Partner Check:

• The service is provided "as is" and "as available"
• MARS makes no warranties of any kind, express or implied, regarding the Partner Check service
• MARS is not liable for business decisions made based on the data provided
• MARS is not liable for financial or opportunity losses arising from the use of the service
• MARS is not liable for errors, omissions, or delays in data
• MARS is not liable for the unavailability of external data sources

The User acknowledges and accepts that use of the Partner Check service is at the User's own risk.

17. Partner Check — Indemnification

The User agrees to indemnify, defend, and hold harmless MARS from and against any claims, losses, liabilities, or proceedings arising from:

• The User's misuse of the service
• Violation of applicable laws (including GDPR)
• The User's use of Partner Check data in dealings with third parties

18. Partner Check — Privacy and GDPR

• Data processing is conducted in accordance with the MARS Privacy Policy.
• The User is responsible for establishing a lawful basis for the verifications performed (e.g., legitimate interest under GDPR).
• Searches and queries may be logged for security and audit purposes.

19. Partner Check — Payments and Subscriptions

• Access to Partner Check is provided on a subscription or credit-based model.
• Non-payment will result in suspension of access.
• Fees are non-refundable except where required by applicable law.

20. Partner Check — Force Majeure

MARS shall not be liable for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to: unavailability of official registries, third-party API failures, natural disasters, government actions, or technical disruptions.

21. Governing Law

These Terms are governed by and construed in accordance with the laws of Romania and applicable EU regulations. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Timisoara, Romania.

22. Changes to Terms

We may modify these Terms at any time. We will notify users of material changes through the Service or via email. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

23. Contact Us

If you have questions about these Terms, please contact us:

• Email: support@marsapp.ai
• Company: MANAGEMENT APPLICATION FOR ROUTE STRATEGY SRL
• Address: Str. Simion Barnutiu Nr. 34, Timisoara, Romania
• CUI: 43486371