1. Acceptance of Terms
By accessing or using the Modal Freight platform (web and mobile applications), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Platform.
These Terms are concluded with MFC TRANSPORT ONLINE S.R.L., registered office: Bucharest, Sector 1, Strada Dr. Leonda Varnali No. 12, ROOM 2, Romania, Trade Register No. J40/2942/2019, CUI 40696786 ("Modal Freight", "we", "us"). If you use the Platform on behalf of a company, you represent that you are authorized to bind that company.
2. Description of Service
Modal Freight provides a digital logistics execution platform for freight operations. Depending on role, the Platform enables:
- Shippers to publish loads (open or private marketplace), collect bids, and award transport jobs.
- Carriers to bid on loads, manage fleet, assign drivers, and execute deliveries.
- Drivers to receive assignments, update transport status, and complete delivery workflows.
- Warehouse/deposit teams and beneficiaries to manage slot windows, confirmations, and receiving flow.
- Authorized users to use operational messaging, document workflows (including transport documents), notifications, and reporting/export features.
Modal Freight is a technology provider. We do not own or operate transport vehicles and we are not a party to transport contracts between users unless expressly agreed in writing.
3. Account Registration and Security
To use the Platform, you must create an account and provide accurate, complete information. You are responsible for:
- Maintaining the confidentiality of your login credentials.
- All activities that occur under your account.
- Notifying us immediately of any unauthorized access to your account.
You must not share your account credentials or allow others to access your account. Company administrators are responsible for managing user access within their organization.
4. User Obligations and Compliance
All users agree to:
- Provide truthful and accurate information in all Platform interactions, including load postings, bids, and delivery status updates.
- Comply with all applicable laws and regulations, including transport, labor, sanctions, customs, and tax obligations.
- Act in good faith when entering into agreements facilitated through the Platform.
- Maintain appropriate insurance, licenses, and permits required for their role (carriers must maintain valid transport licenses and insurance; drivers must hold valid driving licenses for the vehicle classes they operate).
- Not use the Platform to facilitate illegal activities.
5. Acceptable Use
You must not:
- Attempt to gain unauthorized access to the Platform, other user accounts, or our systems.
- Use automated scripts, bots, or scrapers to access the Platform without our written permission.
- Interfere with or disrupt the Platform's operation or infrastructure.
- Upload malicious code, viruses, or harmful content.
- Circumvent or manipulate the bidding system or marketplace mechanics.
- Harass, threaten, or abuse other Platform users.
- Use the Platform to collect personal data of other users beyond what is necessary for legitimate transport operations.
- Reproduce, duplicate, copy, or resell any part of the Platform without express written permission.
6. Data and User Content
The Platform software, design, source code, visual identity, and related materials are owned by MFC TRANSPORT ONLINE S.R.L. and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable right to use the Platform during active use of your account.
Operational data and user-generated content (including load entries, bids, messages, status updates, and uploaded documents) remain under the responsibility of the user/entity that provided them. By uploading or submitting such content, you grant us the rights required to host, process, display, and transmit it solely for Platform operation, legal compliance, and security.
7. Fees, Billing, and Commercial Terms
Some Platform features may be subject to fees, commissions, or subscription plans according to commercial agreements, accepted offers, or published pricing.
You are responsible for paying all applicable charges and taxes related to your use of paid services.
8. Service Availability and Modifications
We strive to maintain the Platform's availability but do not guarantee uninterrupted or error-free operation. We may:
- Temporarily suspend access for maintenance, updates, or security reasons.
- Modify, update, or discontinue features of the Platform with reasonable notice.
- Introduce new features or services, which may be subject to additional terms.
Scheduled maintenance windows will be communicated in advance when possible.
9. Limitation of Liability
To the maximum extent permitted by applicable law:
- Modal Freight is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform.
- Modal Freight is not responsible for the actions, omissions, or conduct of any user, including the quality, safety, or legality of transport services arranged through the Platform.
- Modal Freight does not guarantee the accuracy of information provided by users (load details, vehicle specifications, delivery timeframes).
- Our total aggregate liability for any claims arising from these Terms or your use of the Platform shall not exceed the total fees paid by you to Modal Freight in the 12 months preceding the claim.
Nothing in these Terms excludes liability that cannot be excluded under applicable law, including liability for fraud or gross negligence.
10. Indemnification
You agree to indemnify, defend, and hold harmless MFC TRANSPORT ONLINE S.R.L., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:
- Your use of the Platform.
- Your violation of these Terms.
- Your violation of any applicable law or regulation.
- Any dispute between you and another Platform user.
11. Suspension and Termination
Either party may terminate your account:
- By you: You may close your account at any time by contacting us. Outstanding obligations (unpaid fees, pending deliveries) survive termination.
- By us: We may suspend or terminate your account for violation of these Terms, fraudulent activity, or inactivity exceeding 24 months, with notice where reasonably possible.
Upon termination, your right to use the Platform ceases. We will retain your data as described in our Privacy Policy.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of Romania, without regard to conflict of law principles. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
As a Platform operating within the European Union, these Terms comply with applicable EU regulations, including Regulation (EU) 2019/1150 (Platform-to-Business Regulation) where applicable.
13. Dispute Resolution
Any disputes arising from these Terms shall be resolved as follows:
- Amicable resolution: The parties shall first attempt to resolve the dispute through good-faith negotiation within 30 days of written notice.
- Mediation: If negotiation fails, the parties may submit the dispute to mediation in Bucharest, Romania.
- Jurisdiction: If mediation fails or is declined, disputes shall be submitted to the competent courts of Bucharest, Romania.
For consumers within the EU, this clause does not affect your right to bring proceedings in the courts of your member state of residence under applicable consumer protection laws. EU consumers may also use the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
14. Contact Information
For questions about these Terms:
MFC TRANSPORT ONLINE S.R.L.Bucharest, Sector 1, Strada Dr. Leonda Varnali No. 12, ROOM 2Trade Register: J40/2942/2019CUI: 40696786Email: contact@modalfreight.comPhone: +40 752 091 705