Terms of Service for Sokar Logistics and Bobi

/01 Definitions

• Customer - the business that concluded the agreement for the Services, such as a freight forwarder or a carrier.
• User - an individual using the Services on behalf of the Customer through an account in the Customer’s team.
• Team owner - the User authorised to represent the Customer towards the Provider, in particular to choose a plan and accept the contract documents.
• Services - Sokar Logistics, Bobi and their integrations, delivered as SaaS through the browser, the mobile application, WhatsApp and voice calls.
• Plan - a variant of the Services with a defined feature set, limits and price, described in the price list in the application.
• Contract documents - these Terms, the Data Processing Agreement, the Service Level Agreement, the price list and - for Customers whose registered seat or billing address is in the United States of America - the US Customer Addendum, which prevails over these Terms for them.
• GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

/02 Conclusion of the agreement

The agreement is concluded online, in documentary form. The Team owner chooses a Plan and a billing cycle in the application, accepts the Contract documents on behalf of the Customer, then confirms the acceptance and pays for the Plan through the Stripe payment service. After payment the Provider issues and sends an order confirmation listing the accepted document versions, the Customer’s details and the evidence of acceptance (date, IP address, payment session id). The agreement consists of the order confirmation and the Contract documents in the versions it names.

The person accepting the Contract documents makes a declaration in the application that they act on behalf of the Customer and are authorised to represent it. The Customer is responsible for the accuracy of the company details entered in the application, in particular the name, VAT ID and address.

The Provider records and retains the evidence of acceptance: the wording of the declaration of authority, the name and e-mail address of the accepting person, the Customer’s details, the accepted versions of the Contract documents, the date and time of acceptance, the IP address and the payment session id. The evidence forms part of the order confirmation available in the application; the Provider makes it available to the Customer on request and retains it for the term of the agreement and for 6 years after it ends.

Terms that depart from the Contract documents, such as an individual price, data migration or a modified SLA, require a separate order signed by both parties. In case of conflict the order prevails over these Terms.

Every User additionally accepts these Terms in their own name at first login, as far as the rules of using an account are concerned. That acceptance does not change the agreement with the Customer.

/03 Scope of the Services

Sokar Logistics is a TMS: transport and forwarding orders, transport documents, business partners, drivers and vehicles, invoicing with submission to the Polish KSeF e-invoicing system, settlements, and integrations with e-mail and freight exchanges.

Bobi is an AI assistant: text and voice chat, a WhatsApp channel for drivers and business partners, proactive tasks that monitor orders, and integration with TMS systems including Sokar Logistics.

The available features depend on the Plan. The Provider may develop, change or withdraw individual features and gives at least 30 days’ notice of material changes, unless a change is required for security or legal reasons.

/04 Account and team

An account belongs to an individual. The User is responsible for keeping login credentials confidential and for all activity under the account. The Team owner is responsible for the Users they invite, for the accuracy of company details and for ensuring that only the Customer’s employees and contractors have access. Unauthorised access must be reported to the Provider without delay.

/05 Nature of AI and responsibility for decisions

Bobi is an artificial intelligence system. Answers, translations, calculations, statuses and estimated delivery times may be wrong or incomplete and do not constitute binding advice. The Customer verifies material information before acting on it and does not use Bobi for legal, financial or HR decisions without human oversight. Actions that modify data, such as creating an order, require confirmation by the User unless the Customer has itself enabled automatic execution. The Customer acknowledges these reservations and will raise no claims against the Provider on that basis.

Voice calls made by Bobi are recorded and the other party is informed at the start of the call. Bobi introduces itself as an AI assistant and does not pretend to be human.

/06 Personal data

For personal data of drivers, business partners and employees entered into the Services, the Customer is the controller and the Provider is the processor acting on the Customer’s instructions. The terms of processing are set out in the Data Processing Agreement, which the Customer accepts together with these Terms.

The Customer warrants that it has a legal basis to process this data and to contact drivers and business partners, and provides them with the required information about processing, including the automated nature of conversations with the assistant. The Provider processes the data of Users as a controller in accordance with the Privacy Policy.

/07 Hosting, sub-processors and data transfers

Data and conversations are stored with hosting providers acting as the Provider’s sub-processors within the European Economic Area. To generate answers Bobi uses AI model providers, including providers established in the USA, which receive only the content necessary to handle a request, on the basis of an adequacy decision or standard contractual clauses. The current list of sub-processors is part of the Data Processing Agreement.

To the fullest extent permitted by law, the Provider is not liable for loss, unavailability or unauthorised access to data caused by those providers or by events beyond the Provider’s reasonable control. This does not limit rights that cannot be excluded, including those under the GDPR and other applicable legislation.

/08 Plans, payments and trial period

• The Services are offered in the Plans described in the price list in the application. The subscription is billed monthly or annually, at the Customer’s choice. With annual billing the fee for the whole year is charged in advance and the price per month is lower than with monthly billing. By concluding the agreement the Customer declares that it knows and accepts the prices for the Services set out in the price list.
• Fees are charged in advance for each billing period and renew automatically for a further period of the same kind until cancelled. The Customer cancels without giving reasons, either on its own in the application, under team Settings in the Payments section → Manage subscription, or by a declaration in documentary form sent to [email protected]. Cancellation takes effect at the end of the current billing period and stops the automatic renewal.
• Payments are processed by Stripe. The Provider does not store payment card data. VAT invoices are issued electronically and are available in the application. Detailed information on how Stripe’s services work, including how payments are made and handled and how Stripe processes and protects personal data, is available on Stripe’s website at stripe.com/legal and stripe.com/privacy.
• Prices are net and are increased by VAT at the rates applicable on the date of payment.
• Where a Plan includes a trial period or a free tier, after it ends fees are charged only for the Plan the Customer has selected.
• If payment is overdue, the Provider may, after a reminder, restrict or suspend access until the amount due is settled. Statutory interest for late payment in commercial transactions applies.
• The Provider gives at least 30 days’ notice of price changes, which take effect from the next billing period. If the Customer does not agree to a price change, it may, within 14 days of being notified of it, terminate the agreement - either on its own in the application, under team Settings in the Payments section → Manage subscription, or by a declaration in documentary form sent to [email protected] - with effect from the end of the current billing period, before the new prices take effect.
• Downgrades and cancellations take effect at the end of the current billing period, whether monthly or annual. Fees for a period already started are non-refundable unless the law provides otherwise.

/09 Onboarding, data migration and training

The subscription price includes the number of one-hour online training sessions specified in the price list or in the order. Additional training, migration of data from previous systems, integration setup and other onboarding work are separately paid services, priced according to the price list or an individual quote, and are delivered under an order specifying the scope, schedule and price. The Customer is responsible for the completeness and accuracy of the source data handed over for migration and for verifying the data after the migration is complete.

/10 Ownership and use of data

The Provider retains all rights to the Services, including their code, models, prompts and task mechanisms. The Customer retains ownership of its business data: orders, business partners, documents, conversations and transcripts. The Provider may use anonymised and aggregated data to maintain and improve the Services and does not use Customer data to train general-purpose AI models.

After the agreement ends the Customer may export its data within 30 days, after which the Provider deletes it within 90 days, except for data that applicable legislation requires to be retained.

/11 Acceptable use

The following is prohibited:

• using the Services to contact people without a legal basis, for spam or for telemarketing to consumers, and any other activity that applicable law does not permit,
• entering special categories of data without a separate legal basis,
• attempting to bypass security, manipulate the assistant’s instructions or access other customers’ data,
• automated content extraction, reverse engineering and using the Services to build competing products or models,
• any use contrary to law, including the law applicable in the European Union.

In the event of a breach of the above rules the Provider may suspend access to the Services after first calling on the Customer to stop the breach, and in cases of gross breach without such a call.

/12 Availability and support

The Provider provides the Services with due care and aims for continuous availability. Availability targets, the way unavailability is calculated, ticket priorities, response times and service credits are set out in the Service Level Agreement. Requests are handled through the support portal at support.onitsoft.com.

/13 Liability

The Provider’s total liability to the Customer under the agreement is limited to the fees paid by the Customer in the 12 months preceding the event. The limitation in the preceding sentence does not apply to a natural person concluding an agreement directly connected with their business activity where the agreement is not of a professional character for that person, in particular in the light of the subject of their business activity disclosed in the Polish Central Register and Information on Business Activity (CEIDG), to whom the consumer provisions referred to in Article 385⁵ of the Polish Civil Code apply. The Provider is not liable for lost profits, indirect damage or the consequences of decisions taken on the basis of unverified assistant output. The Customer indemnifies the Provider against third-party claims arising from the lack of a legal basis for data processing or from incorrect data supplied by the Customer. These limitations do not apply to wilful misconduct or to liability that cannot be excluded by law.

/14 Term, changes and termination

The agreement is concluded for an indefinite period. The Customer may terminate it at any time with effect from the end of the current billing period, and the Provider with 30 days’ notice. Either party may terminate without notice in the event of a material breach not remedied within 14 days of a request to do so sent in documentary form: to the Provider at [email protected], and to the Customer at the e-mail address of the team owner given in the application.

The Provider may amend these Terms with at least 14 days’ notice before the changes take effect. Continued use of the Services requires acceptance of the new version, and refusal entitles the Customer to terminate the agreement with effect from the end of the current billing period. Previous versions are available from the Provider on request made in documentary form to [email protected].

/15 Governing law and contact

These Terms are governed by Polish law. Disputes are resolved by the court having jurisdiction over the Provider’s registered office unless mandatory law provides otherwise.

Contact: Onit Soft sp. z o.o., ul. Fabryczna 20a, 31-553 Kraków, Poland, [email protected]. The same address serves data protection matters.