General terms of sale and use

Services are supplied by I-SOFT, a French single-shareholder simplified joint-stock company (SASU) with capital of €500, registered with the Pontoise Trade and Companies Register under number 902 960 467, whose registered office is at 12 rue des Chauffours, 95000 Cergy, France (hereafter “LOGIPAX”).

The Logipax software has existed since 1995. It has been published by I-SOFT since 2021.

These general terms of sale and use (“Terms”) apply to any use of and access to the Services. The Customer validates them electronically when subscribing and whenever they are amended. They remain available to Users on the website at all times.

The Terms prevail over any contractual documents issued by the Customer. The Customer, administrators and staff acknowledge having read and understood the Terms and agree to be bound by them.

LOGIPAX may amend the Terms using the contact form at Customers and Users a new version. A change detrimental to the Customer takes effect at the end of the current subscription period; a Customer rejecting it may cancel without charge before that date.

Capitalised terms, in the singular or plural, have the following meanings.

Solutions: the operating functions made available to the Customer within the Application Services. Data: information, publications and generally the contents of the Customer's database covered by this contract, accessible only to Users. Credentials: the User's login identifier and password supplied after registration.

Software: all software supplied by LOGIPAX to the Customer, particularly the related Solutions. Application Service: the hosted service supplied by LOGIPAX enabling the Customer to use the Solutions through an Internet connection. User: a person under the Customer's responsibility, including an employee, agent, representative, driver or subcontractor, with access to the Application Services. Subscription: ordering a subscription online or through a quotation, constituting acceptance of these Terms.

These Terms define the conditions applicable to the Services ordered by the Customer. LOGIPAX grants, and the Customer accepts, access to LOGIPAX servers under the conditions below, an end-user right to the Solutions, and services including Data hosting, Application Service maintenance and technical assistance.

Free trial. The Customer receives a 14-day free trial without commitment or payment card. The trial includes all functions of the selected plan. No payment is collected when it ends: the account remains inactive until a subscription is purchased. The Assistant option is free for 30 days from account opening.

Effective date and duration. The Terms take effect when accepted. The subscription lasts one month or one year, as chosen by the Customer, and renews automatically for an identical period. There is no setup fee. Migration of existing data, if requested, is quoted separately.

Cancellation. The Customer may cancel at any time from the account or using the contact form at Contact form. Cancellation takes effect at the end of the current subscription period. Amounts already paid for that period remain with LOGIPAX; there is no exit penalty. LOGIPAX may cancel on the same basis by giving at least two months' notice before renewal, except for a Customer breach covered by article 20.

Plan changes. Upgrading takes effect immediately and is charged pro rata for the remaining period. Downgrading takes effect at the end of the current period.

Application Solutions. LOGIPAX makes Solutions on its servers available through the Internet. Subject to article 8 (Licence), the Customer receives a non-exclusive right to use Logipax. Only LOGIPAX provides Data hosting, maintenance and security. Neither the Customer nor another provider may host the Solution or its Data. Data is hosted in France in Amazon Web Services' Paris region and backed up daily. Specific development requests may be quoted separately.

Access. The Customer may connect at any time, 24 hours a day, seven days a week, including Sundays and public holidays, except during maintenance, from an Internet-connected computer or mobile device using Credentials. Credentials are personal and confidential. The Customer safeguards them, prevents unauthorised access and promptly informs LOGIPAX of any known unauthorised access. A lost login is handled by requesting a password reset on the login screen; LOGIPAX stores no plain-text passwords and cannot disclose an existing password.

The offer includes trip entry and dispatch; administration of drivers, vehicles, subcontractors, customers, rate schedules and fixed locations; preparation of quotations, proformas, invoices and credit notes, including for subcontractors; customer and driver spaces and mobile applications; driver, vehicle, customer and subcontractor statistics; the question-and-answer assistant; the Logipax Community; assistance and application updates.

Each plan includes a monthly trip allowance. Trips entered above the allowance are charged at the plan's unit rate. Users are unlimited on every plan: drivers, operations staff and ordering customers accessing the customer space are not charged per user. The assistant's action mode and SMS credits are additional options charged under the published pricing schedule.

The Customer is aware of technical uncertainties inherent in the Internet and resulting interruptions. LOGIPAX is not liable for unavailability or slowdowns arising from them. LOGIPAX undertakes to establish effective controls providing reasonable assurance that the Customer can access and use the applications at the times defined by the contract.

Application Services may occasionally be suspended for maintenance needed for server operation. LOGIPAX informs the Customer as well as possible so that arrangements can be made. Planned interventions are announced at least six hours beforehand and scheduled outside operating hours where possible. The Customer must respect stated volume thresholds and notify LOGIPAX of increased processing-capacity needs.

LOGIPAX grants a personal, non-exclusive, non-assignable and non-transferable right to use the Solutions worldwide for the contract duration. The Customer may use the Application Services and Solutions only for its needs and according to the documentation; the licence has no other purpose.

The Customer must not make the Solutions available to a third party and must not, without limitation, adapt, modify, translate, arrange, distribute or decompile them.

LOGIPAX supplies corrective and development maintenance. Reports of anomalies must be confirmed promptly by a ticket in the Solution or by email. LOGIPAX diagnoses and implements a correction.

Blocking anomaly: the report is taken into account within 12 working hours. LOGIPAX endeavours to correct it as soon as possible and proposes a workaround. Partially blocking anomaly: taken into account within 24 working hours, with a workaround enabling affected functions to be used within two working days. Minor anomaly: taken into account as soon as possible, with correction in a subsequent version under development maintenance.

LOGIPAX is not responsible for maintenance where the Customer refuses to cooperate, particularly with information requests; uses the Service contrary to its purpose or documentation; the Customer or a third party makes unauthorised changes; the Customer breaches the contract; incompatible software or operating systems are used; communications networks fail; there is deliberate damage, malicious conduct or sabotage; or damage arises from force majeure or misuse. LOGIPAX may nevertheless resolve such problems at its rate applicable on the intervention date.

Development maintenance. The Customer receives updates and functional developments without extra charge, together with updated documentation. LOGIPAX guarantees that upgrades and new versions will not reduce Application Service performance or functionality.

LOGIPAX supplies first-level assistance Monday to Friday, 09:00-18:00 (Paris time), using the contact form at Contact form and by tickets from the Solution. If unresolved at first level, the ticket is escalated through subsequent levels until effectively resolved.

The Community enables Customers to offer trips to one another. LOGIPAX supplies the connection tool: it is neither a carrier, a transport broker nor a party to the transport contract between Customers. Each Customer remains responsible for checking its partner's certificates, licences and insurance and meeting its own regulatory duties. A trip assigned to another member is transport subcontracting subject to ordinary law.

Community access may be suspended for repeated failings reported by other members, particularly late cancellations or trips not carried out.

For Customers subject to electronic invoicing in France, Logipax connects to iopole, a platform approved by the French tax administration, for issuing, transmitting and receiving electronic invoices. LOGIPAX is not itself an approved platform. This description does not extend that approval to another country's tax system.

The Customer remains responsible for invoice content and accuracy and its reporting obligations. LOGIPAX provides the expected format, transmission and retention of issued and received documents and associated acknowledgements. Documents are retained for the legally applicable period in conditions establishing that they have not been altered since issue.

The question-and-answer assistant is included in every plan. The action mode, which prepares creations and changes in the Solution, is an option. The assistant makes no write without explicit validation by an authorised User, works within that User's permissions and logs every action.

The assistant uses Anthropic models through Amazon Bedrock in the Paris region. Customer Data is not used to train or improve a model. Automated reading of third-party text can be wrong. Summaries before approval allow the Customer to correct errors; the Customer retains full responsibility for approved content.

Roles. For Data entered or caused to be entered by the Customer, the Customer is controller and LOGIPAX is processor under article 28 of the General Data Protection Regulation. LOGIPAX processes it only on documented Customer instructions and for contractual purposes. The Customer guarantees it has informed the individuals concerned, particularly drivers and passengers, and has a legal basis for processing. It indemnifies LOGIPAX against any action, complaint or claim by a person whose data is hosted through the Application Service. LOGIPAX assists with rights requests, breach notification and impact assessments within the information available to it.

Subprocessors. The Customer authorises Amazon Web Services for hosting and model execution, iopole for electronic invoice transmission, an SMS delivery operator and a payment provider for direct debits. LOGIPAX notifies changes, to which the Customer may object.

Location and security. Data is hosted and processed in France. Each party implements appropriate technical measures. LOGIPAX implements technical and organisational measures against fraudulent access or use and against loss, alteration or destruction.

Use of Data. The Customer has editorial responsibility for its use of the Services. It alone is responsible for the quality, lawfulness and relevance of transmitted Data and content and guarantees that it holds the necessary rights. The Customer remains sole owner of the Data constituting the Solutions' content.

After written notice at least 15 days beforehand, the Customer may at its expense commission an audit of operating conditions and LOGIPAX's compliance with technical and security standards. It appoints an independent auditor who is not a competitor, is approved by LOGIPAX and signs a confidentiality undertaking. The audit excludes LOGIPAX's financial, accounting and commercial data, takes place during LOGIPAX working hours and receives its good-faith cooperation. Each party receives the report and they review it jointly.

Prices. The pricing schedule on the Subscription date applies, in the currency shown for the billing country at Subscription, excluding taxes. The billing address is the Customer's registered office. Prices depend on plan and entered trips; options, notably assistant action mode and SMS credits, are extra. LOGIPAX may offer promotions different from previously communicated prices. Changes affecting an existing subscription are notified at least two months before effect; a Customer rejecting them may cancel without charge before that date.

Payment. Monthly subscriptions are invoiced monthly and payable in advance by direct debit. Annual subscriptions are invoiced once on subscription at ten months' price, with two months free. Extra trips and consumed SMS credits are billed in arrears on the following invoice.

Late payment. Without prejudice to damages, failure to pay on time automatically triggers late interest at three times the legal interest rate from the first late day without prior notice; a €40 recovery-cost allowance per unpaid invoice under the French Commercial Code (French law governs the contract, see article 24); additional bank and administration charges, especially for rejected debits; suspension after a reminder unanswered for 15 days; and termination 30 days after an unsuccessful formal payment demand. Suspension does not delete Customer Data, which remains retained and recoverable under article 21.

The Customer remains owner of all Data it uses through the Services. LOGIPAX remains owner of all elements of Application Services and Solutions and of the computer, software and hardware infrastructure implemented or developed under the contract. The contract grants no ownership in the Solutions; their temporary provision transfers no intellectual property right. The Customer must not reproduce any Software element or documentation by any means, in any form or medium, and cannot assign any contractual rights or obligations.

LOGIPAX declares and warrants that its developed Solutions are original under the French Intellectual Property Code, that it owns all intellectual property rights necessary to enter the contract, and that the Solutions are not liable to infringe third-party rights.

Each party is responsible for consequences of its faults, errors or omissions, and those of its subcontractors, causing direct damage to the other. LOGIPAX is liable only for financial consequences of direct and foreseeable damage arising from Services. It is never liable for indirect or unforeseeable Customer or third-party losses, including lost earnings, lost, inaccurate or corrupted files or Data, commercial harm, lost revenue or profit, lost customers or lost opportunity.

In all cases, LOGIPAX's liability is strictly limited to subscription sums actually paid by the Customer in the twelve months preceding the event giving rise to liability. Alerts and indicators, particularly document expiry dates, duty periods and regulatory thresholds, are operational aids; they do not replace operator obligations or checks and do not engage LOGIPAX liability. LOGIPAX is not liable for accidental destruction of Data by the Customer or a third party using its Credentials.

Neither party is liable for a failure resulting from a government decision, full or partial strike, fire, natural disaster, war, telecommunications or electricity interruption, hacking, or generally force majeure as recognised by case law. The party observing the event promptly informs the other.

If a party breaches contractual obligations, the other may terminate automatically 30 days after sending a formal demand by registered letter with acknowledgement of receipt that remains unremedied. The demand specifies the failings. On termination the Customer stops using access codes to the Solutions and Application Services, and data return arrangements are implemented.

The Customer may export Data at any time from the Solution in standard formats usable without proprietary software, free of charge and without prior request. On ending the relationship for any reason, Data remains readable and exportable for 90 days; the account may also be reactivated within that period. Afterwards Data is deleted from production and then from backups according to their rotation cycle.

On a request within those 90 days, LOGIPAX supplies a complete copy free of charge. Additional technical assistance, particularly reloading Data into another system, is quoted separately.

Neither party may hire or use the other's employees, directly or through an intermediary, without prior express agreement, during the contract and for twelve months afterwards. A party breaching this obligation must immediately on request pay a fixed amount equal to three times the employee's gross monthly remuneration at departure.

Each party keeps confidential information received from the other, discloses it only to employees or agents needing to know, and uses it only to exercise rights and fulfil contractual obligations. This does not cover information public without recipient fault, independently developed, already known before disclosure, legitimately received from an unrestricted third party, or required by law or court order. These duties last throughout the contract and for three years afterwards. Each party returns copies of the other's confidential documents when the contract ends.

Severability. Invalidity, expiry, unenforceability or non-binding effect of a provision does not invalidate the others. The parties may agree a replacement. Applicable law. The contract is subject to French law to the exclusion of any other legislation. Address for service. Each party elects its registered office; a change becomes opposable to the other eight calendar days after notification.

Consumer mediation. The Service is reserved to professionals acting in their business, including self-employed drivers; consumer mediation therefore does not apply. A Customer nevertheless considering itself a consumer under the French Consumer Code should inform LOGIPAX at Contact form, which will identify the competent mediator.

Disputes and venue. To seek a joint solution, the parties agree to meet within 15 days of receipt of a registered letter with acknowledgement of receipt sent by either party. If they fail to agree within a further fifteen days, the dispute is submitted to the Pontoise Commercial Court.

LOGIPAX undertakes to establish effective controls providing reasonable assurance that the Customer can access and use the relevant Solutions at the times defined by the contract.

LOGIPAX secures access and use in accordance with relevant protocols and practices. Controls protect against unauthorised physical and electronic access and restrict systems and Customer Data to authorised persons. Browser connections are encrypted, passwords are never stored in plain text and sensitive actions are logged.

Data is backed up daily and retained for 30 days, with additional backups on particular event-related requests, notably closing. Backup restoration takes two working days.

LOGIPAX establishes effective controls providing reasonable assurance that entrusted Data is processed without omission, alteration or distortion and in compliance with applicable regulation. Processing integrity covers every component and every stage: input, transmission, storage and output. Controls include consistency checks, anomaly detection and handling, and information to Users about any risk of non-compliance.