General Terms and Conditions (GTC)
1. Scope and Contract Structure
(1) These General Terms and Conditions (“GTC”) apply to the use of the digital logistics platform of Movitus UG (haftungsbeschränkt), Angerstraße 15, 86869 Oberostendorf (“Movitus”).
(2) The platform is exclusively intended for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (B2B). Consumers are excluded from use.
(3) Movitus operates a digital platform for: brokering transport services between shippers and transport companies; providing digital tools (e.g., route optimization, fleet management, document management, API interfaces).
(4) Contract structure: As a rule, the transport contract is concluded directly between the shipper and the executing transport company. In this respect, Movitus acts exclusively as an intermediary and not as a contractual party. Movitus becomes a contractual party to the transport contract only if expressly agreed in writing (self-entry pursuant to the German Commercial Code (HGB)).
(5) For reasons of readability, the party placing a transport order is referred to as “Shipper” or “Client”, and the party accepting the booking request and transporting the goods is referred to as “Carrier” or “Contractor”.
2. Registration and User Accounts
2.1 Permitted Users
(1) Use of the platform is permitted exclusively to entrepreneurs within the meaning of Section 14 BGB. The platform is intended solely for business customers (B2B). Consumer registration is excluded.
(2) Companies registered in a Member State of the European Union (EU), the European Economic Area (EEA), or Switzerland are eligible to register. Sole proprietors are also eligible. A VAT ID is not mandatory.
(3) Registration may only be carried out by a natural person with full legal capacity acting in the name and on behalf of the company.
(4) By completing registration, the registering person confirms that they are authorized to represent the company. Movitus is entitled to rely on this statement.
(5) The contractual partner of Movitus is exclusively the registered company, not the acting natural person.
(6) The platform is open in particular to: Shippers; Freight forwarders; Carriers; Logistics companies; Brokers; Other commercial market participants in the transport and logistics sector.
2.2 Verification Process
(1) Movitus is entitled, but not obliged, to carry out checks during registration or the ongoing business relationship, particularly regarding: creditworthiness; identity; commercial activity; official permits; proof of insurance; entries in national or international sanctions lists.
(2) Activation of a user account does not constitute confirmation of the user’s financial capacity, reliability, or legal permissibility of business operations.
(3) For risk minimization, Movitus may: set credit limits; specify certain payment methods; request security deposits; request additional documentation.
(4) If there is a justified suspicion of: fraudulent activities; money laundering; sanctions violations; missing legal permits; significant deterioration in creditworthiness — Movitus may temporarily or permanently suspend the user account.
2.3 Account Responsibility
(1) The registered company is the sole holder of the user account. (2) Companies may create multiple sub-accounts for employees or representatives. (3) The company is liable for all actions, declarations, and omissions carried out via its account or associated sub-accounts. (4) Access credentials must be kept confidential and protected against unauthorized access. The company must immediately inform Movitus if misuse is suspected. (5) Movitus is not liable for damages resulting from misuse of the account unless caused by intent or gross negligence on the part of Movitus. (6) Transfer of the user account to third parties outside the organization is prohibited. (7) Circumvention of the platform is prohibited. In particular, users may not conclude or process transport contracts outside the platform after initial contact via the platform in order to avoid fees, commissions, or contractual obligations toward Movitus.
2.4 Suspension and Termination
Movitus may temporarily or permanently suspend user accounts for good cause. Good cause exists in particular in cases of: violation of these GTC; payment default after expiry of customary reminder periods; suspicion of fraudulent or unlawful activities; false or misleading information; insolvency proceedings or imminent insolvency; sanctions list entry; platform misuse; circumvention pursuant to Section 2.3(7). In serious cases or where there is imminent danger, Movitus may suspend accounts without prior notice.
2.5 Data After Termination
After termination of the platform agreement, billing and commercially relevant data will be archived for at least twelve (12) months, unless longer statutory retention periods apply. After expiry of statutory retention periods, data will be deleted unless legitimate interests or legal obligations prevent deletion.
3. Description of Services by Movitus
3.1 Brokerage Services
Movitus provides a purely digital brokerage service between registered logistics companies (Contractors) and their commercial customers (Clients). Display of transport offers; forwarding of bookings; communication between parties. Movitus is not involved in the operational execution of the contract.
3.2 Digital Additional Services
Movitus may provide supplementary software functions: route optimization; fleet management; document management; API interfaces; tracking. No guarantee of availability, pricing accuracy, or scope of services.
4. Conclusion of Transport Contracts
A transport contract may be initiated via the platform (direct entry, personalized booking link, organizational account) or via API. Required information includes: pickup/delivery address, date/time, weight, dimensions, type of goods, value (if insurance-relevant), ADR classification if applicable, packaging, stackability. The Client is responsible for accuracy and completeness. The booking request constitutes an offer; the contract is concluded upon acceptance by the logistics company. Obvious pricing errors do not create entitlement to performance at the incorrect price.
5. Prices and Commission
The price for each transport order is determined by the Carrier. Subscription model (Movitus Connect): monthly usage fee; free trial may convert to paid if not canceled. Brokerage commission without subscription: 5–10% of agreed net transport price per successfully brokered order. Commission also owed if contract concluded outside platform after initial contact via platform. Payment processing may be via Stripe. Default interest and reminder costs apply in case of payment default. Movitus may assign claims or engage collection.
6. Obligations of Users
Shipper: secure packaging, accurate information, required documents, accessible loading address. Carrier: valid licenses, adequate insurance, compliance with HGB/CMR/GüKG, no subcontracting without consent. All users: no manipulation, no bots, no circumvention of the platform.
7. Pallet Exchange / Load Carrier Management
Pallet exchange only if expressly agreed. Exchangeable: EPAL Euro pallets, EPAL mesh boxes, expressly agreed reusable load carriers. Quality requirements per EPAL standards. Movitus is not a contractual party to pallet exchange when acting as intermediary; no liability for shortages or billing differences.
8. Excluded Goods
Dangerous goods (ADR): permitted only with express written agreement and compliance with all legal/safety requirements. Animals, valuables (cash, securities, precious metals, jewelry, art, etc.), and prohibited goods (illegal possession/shipment, sanctions, export/import restrictions) are excluded. Country-specific exclusions (e.g. SENT/Poland, sanctions states) apply.
9. Execution of Transport
Groupage and transshipment permitted where agreed. Transit times non-binding. Waiting times up to 2 hours acceptable; beyond that, additional costs may apply. Failed pickup attempts may incur costs (e.g. 33% groupage, up to 75% direct). Storage costs from fifth working day (e.g. €5 net per Euro pallet space per day, max 30 days). Deviations in weight/dimensions may be invoiced; processing fee €15 net.
10. Cancellation and Termination
Free cancellation up to 24 hours before scheduled execution or within individually agreed period; must be in text form. After deadline, cancellation fee may apply (up to 75% of freight price, max €800 net; groupage up to 33%). Dead freight (§ 415 HGB) may apply on unjustified termination. System errors may render booking invalid; avoidance (rescission) permitted for obvious pricing errors.
11. Liability of Movitus
Movitus provides brokerage and software services; not a contractual party to the transport contract. Not liable for: transport performance, delays, damage/loss of goods, decisions of transport parties, indirect/consequential damages, loss of profit, data loss, user-provided content. No guarantee of capacity, accuracy of user information, or permanent system availability. Liable only for own intentional or grossly negligent breaches. In case of self-performance (Movitus carries out transport), HGB/CMR/ADSp 2017 apply. Platform liability excluded for system outages, third-party errors, API disruptions. Liability limited to typical foreseeable damage; exclusions for loss of profit, indirect damages, data loss to extent permitted by law.
12. Insurance
Liability governed by statutory provisions and contract between transport parties (HGB, CMR, ADSp 2017). Optional extended insurance may be offered. DTV Cargo Insurance Conditions may apply where offered. Movitus not an insurer; proof of insurance upon request for information only.
13. Documentation Obligations
Different documents required depending on transport type (eCMR, customs, delivery notes, dangerous goods docs). Movitus generates eCMR for CMR shipments. Responsibility for completeness, accuracy, timeliness, legality rests with transport parties. Upload function for technical storage only; no content verification. No liability for incorrect/missing documents or legal consequences.
14. API & Third-Party Services
Platform uses APIs and third-party services (e.g. Google LLC, Clerk Inc, Vercel Inc, Convex Inc) for mapping, user management, hosting, data storage. Users consent to integration and data processing within scope of respective service. Movitus not liable for third-party errors, outages, or data processing. Third parties act as independent controllers or processors under GDPR. No entitlement to permanent availability; maintenance and updates may cause temporary restrictions.
15. System Availability
No entitlement to permanent or error-free availability. Maintenance, security updates, third-party outages, force majeure may limit use. Maintenance windows may be announced where possible; security/emergency maintenance may be without notice.
16. Force Majeure
Force majeure: unforeseeable, extraordinary events beyond parties’ control (e.g. war, strikes, pandemics, natural disasters, government orders, cyberattacks). During force majeure, parties released from performance to extent impossible or unreasonable. No liability for damages caused by force majeure to extent permitted by law.
17. Trademark Policy
Movitus grants logistics company simple, non-transferable right to use booking link and widgets. No sub-licensing. In white-label implementations, transport contract is between end customer and logistics company; Movitus acts as technical provider and intermediary. Copying, reverse engineering, use outside intended purposes prohibited.
18. Data Protection and Roles
Controller under GDPR: logistics company for transport contract data; Movitus for platform operations. Where Movitus processes on behalf of logistics company, acts as processor under Art. 28 GDPR. Data sharing between client, logistics company, and Movitus required for contract execution. Data subject rights: access, rectification, deletion, restriction, portability; requests to contacts in privacy policy. Appropriate technical and organizational measures for data security.
19. Platform Use and Termination
Registration creates free user relationship; no minimum usage or exclusivity. User relationship indefinite; users may delete account at any time. Movitus may suspend or deactivate accounts for breach of GTC, manipulation, circumvention, payment default, sanctions, security risks. No right to permanent participation. On termination, outstanding claims remain due; ongoing orders completed; data retained/deleted per Section 17.
20. Changes to the GTC
Movitus may amend these GTC with effect for the future (e.g. legal/technical changes). Changes communicated at least 14 days before effective date (email or in-platform). If no objection within that period, consent deemed given; continued use constitutes acceptance. On objection, contract may be terminated by either party.
21. Governing Law and Jurisdiction
German law exclusively; UN Sales Convention (CISG) excluded. Jurisdiction is Movitus’s seat where legally permissible; for B2B this is valid. Mandatory consumer protection and mandatory jurisdiction remain unaffected.
22. Severability
Invalid or unenforceable provisions do not affect validity of remainder. In place of invalid provision, such regulation as comes closest to economic purpose of original applies. Same for gaps.
23. Hierarchy of Contractual Terms
In case of conflict: (1) Individual agreements, (2) Individual contract/transport order, (3) Special terms (e.g. white-label agreement), (4) These GTC.
24. Duty to Mitigate
Parties must take reasonable measures to avoid or limit damage. Failure to do so limits damages to what would not have occurred with appropriate measures.
25. Test and Beta Functions
Movitus may offer beta/test functions; use “as is”, no warranty or liability for functionality to extent permitted. Movitus may change, suspend, or delete beta data without liability.
26. Dispute Resolution
Parties shall seek amicable settlement before court proceedings. Movitus not obliged to participate in out-of-court dispute resolution.
27. Interpretation
Singular includes plural and vice versa. Amounts in Euro. For questions or further information: info@movitus.com