This is an English translation provided for convenience. In the event of any discrepancy, the Romanian version available at www.routena.com/termeni-conditii shall prevail.
1. Contracting Parties
1.1 SPECTRALAB SOLUTIONS S.R.L., with its registered office in Aiudul de Sus no. 52, registered with the Trade Register under number J01/1511/2022, sole registration code RO 46954671, fiscal attribute RO, bank account no. RO30BTRLRONCRT0CI8823901 opened at Banca Transilvania, represented by Stefan-Boldizsar Szakacs as Administrator, operator of the www.routena.com platform and all of its subdomains (including, but not limited to, app.routena.com), as the “Provider.”
and
1.2. The “Client,” with the identification data from the www.routena.com platform, has accepted the following:
This represents the contract proposed by SPECTRALAB SOLUTIONS S.R.L. and must be accepted before ordering any service on www.routena.com. Any order confirmed by the Client, by ticking the box “I have read the Routena Terms and Conditions of Use,” constitutes acceptance by the Client of the offer of SPECTRALAB SOLUTIONS S.R.L. under the conditions provided by article 9 of E-Commerce Law 365/2002. Ticking the box constitutes an electronic signature, within the meaning of article 4 point 3 of Electronic Signature Law no. 455/2001, having the same value as a handwritten signature.
Definitions:
www.routena.com: The website, as well as all services accessible on this website or on its subdomains.
Service: The services offered by SPECTRALAB SOLUTIONS S.R.L. through the www.routena.com website, including, but not limited to, access to applications for editing transport orders, editing client confirmations, managing and administering financial and accounting documents, synchronizing data from the client account, support for these services, automated backup — accessible from anywhere via the internet — through the provision of services in the form of a monthly subscription.
Client: The legal entity that places an order on www.routena.com or registers as a user.
Order: The request to purchase one or more services displayed on www.routena.com, made by a client wishing to benefit from those services.
Visitor: The natural person who visits www.routena.com without purchasing services or placing an order.
User: An employee or administrator of the Client’s company.
Account: A paid-access account to the www.routena.com services, created for a User.
2. Subject and Acceptance of this Services Agreement
2.1. This Services Agreement applies to all orders or accounts made through www.routena.com. The Client undertakes to read these conditions before placing an order or opening an account. All orders and the opening of an account imply acceptance by the Client of all these service conditions. Acceptance of this contract by the client is made by ticking the box “I have read the Routena Terms and Conditions of Use”.
2.2. SPECTRALAB SOLUTIONS S.R.L. reserves the right to modify these service conditions at any time. The version applicable to a placed order is the one in force on www.routena.com at the time the order was placed by the client. In the case of modifications, these will take effect from the first day of the following month or from the date stated in the update notification.
2.3. As operator of the www.routena.com website, SPECTRALAB SOLUTIONS S.R.L. provides the Client with access services to the transport company management application, including, but not limited to, fleet management, transport order management, accounting management, and user management — through the provision of services in the form of a monthly subscription.
2.3.1. The Services may include functionalities such as: calculation and optimization of routes, distances and time/cost estimates; address geocoding; GPS location and monitoring of vehicles and drivers; generation and transmission of electronic invoices to ANAF (e-Factura); currency calculations based on BNR/ECB exchange rates; and notifications regarding document expiry. These functionalities are governed by the specific limitations set out in sections 8 and 8bis of this contract.
2.4. The Services can be accessed from a range of interfaces such as: Google Chrome, Mozilla Firefox, Safari, Edge.
2.5. For the list of services offered by the Routena program see: www.routena.com. The monthly or annual price for Routena is set by SPECTRALAB SOLUTIONS S.R.L. according to the client’s needs and the period for which the service is paid. The price can be obtained from a SPECTRALAB SOLUTIONS S.R.L. representative by email or telephone. Payment for the services by the Client constitutes acceptance of the price offered by SPECTRALAB SOLUTIONS S.R.L. for Routena.
2.6. This Services Agreement is accompanied by and must be interpreted together with the Terms and Conditions of the www.routena.com portal, the Software License Agreement for the Routena program, as well as the Privacy Policy.
3. Duration of the Contract
3.1. This contract is concluded for an indefinite period starting from the date the order is placed or the account is created, and the obligations of the parties take effect from this date.
3.2. As soon as payment is made for the chosen monthly subscription type, the Client will have access to the services included in the subscription package from the moment the Provider confirms payment. Cancellation of the order can be made until payment is made. Any errors arising in the Client’s order can be corrected until the Provider confirms payment, by an email sent to [email protected] or to the telephone number 0773949310, Monday to Friday, between 09:00 and 17:00.
3.3. If the Client does not notify the cancellation of the chosen subscription at least 15 calendar days before the expiry of the subscription validity term — each month for a monthly subscription, or each year for an annual subscription — the subscription will be automatically renewed without any additional formality.
3.4. If the Client wishes to change the chosen subscription type during the period in which a previously chosen subscription is active, this is possible — the change taking effect within 5 working days of paying the difference, in the case of a package upgrade; in the case of a package downgrade, it takes effect after the period for which the client has already paid expires and a new payment is made for a smaller package.
3.5. If the Client no longer wishes to continue the services, access will be permanently discontinued, and their data will be automatically deleted within 60 days. The Client has the option to request the immediate deletion of the uploaded data, which will be carried out within a maximum of 5 working days.
4. Contract Value and Payment
4.1. For the services provided, the Client will pay SPECTRALAB SOLUTIONS S.R.L. a monthly amount provided at the time the online order is completed, depending on the chosen subscription type.
4.2. SPECTRALAB SOLUTIONS S.R.L. will send regular payment notifications in accordance with the chosen subscription type, on the basis of which the Client will make the payment online by card.
4.3. Onboarding (implementation) fee. For certain plans, activation of the service may be subject to a one-time onboarding fee, communicated to the Client before the collaboration begins. The fee covers account configuration, data import, template and integration setup (including e-Factura) and initial training. Implementation work starts after payment is confirmed.
4.4. Refunds. The onboarding fee is non-refundable once implementation work has started (data import, configuration, training, etc.), as it reflects services already rendered. Refund of the subscription fee for the unused period is handled per the duration and termination sections.
5. Availability of the Displayed Services
5.1. The offer of SPECTRALAB SOLUTIONS S.R.L. regarding services and their price is valid as long as it is displayed on www.routena.com. SPECTRALAB SOLUTIONS S.R.L. will fulfill its contractual obligations as soon as the client makes the payment for the selected service.
5.2. Any changes to tariffs or to the availability of services will be communicated by email to the client’s contact address from the user account or through the application at least 30 days before any change. Application maintenance services are announced through the application or by email.
5.3. The Client is responsible for updating the data in the user account as soon as changes occur. SPECTRALAB SOLUTIONS S.R.L. assumes no responsibility if any damages or losses of any nature occur due to the inability to access the email address declared in the user account.
5.4. Access to the Routena program is available until the service is cancelled and/or the Client account is deleted, regardless of technological progress or changes, except where the Client no longer pays the subscription. This access also includes legislative updates for the available services, as well as email support throughout the entire duration of this contract.
5.5. SPECTRALAB SOLUTIONS S.R.L. makes every effort to provide permanent access to the www.routena.com services, but cannot guarantee service availability beyond 95.0%. The availability period does not include maintenance periods announced in advance by email or within the service, but does include unannounced maintenance periods. Thus, given the dependence of the services offered on internet access and possible technical and system limitations, SPECTRALAB SOLUTIONS S.R.L. assumes an obligation of diligence regarding service availability according to the above percentage.
5.6. If the desired service is no longer available for reasons attributable to SPECTRALAB SOLUTIONS S.R.L., the Client has the option to export the documents created within the platform in PDF or image format. Product and client registers can also be exported in tabular format. If this functionality is not available through the application, the export can be carried out through an authorized representative of SPECTRALAB SOLUTIONS S.R.L. If the desired service is no longer available for reasons attributable to the Client (non-payment, breach of this contract, etc.), SPECTRALAB SOLUTIONS S.R.L. will strive, without guaranteeing, to provide the Client with access to export their documents in PDF format and product and client registers in tabular format. SPECTRALAB SOLUTIONS S.R.L. cannot assume any obligation regarding how this data may be loaded into other IT systems. The unavailability of third-party providers (ANAF, maps, payments) is not attributable to the Provider (see section 8bis.7).
5.7. SPECTRALAB SOLUTIONS S.R.L. also makes all reasonable efforts to ensure the confidentiality of the data received from the Client and entered into the user account or used in the SPECTRALAB SOLUTIONS S.R.L. applications.
6. Rights and Obligations of the Parties
6.1. Rights and Obligations of the Client
6.1.1. The Client is solely responsible for all content existing in their account or for any breach of the law or the rights of a third party.
6.1.2. The Client undertakes to use the services of SPECTRALAB SOLUTIONS S.R.L. in full legality and being aware of the legal provisions in force regarding the activity they carry out.
6.1.3. The Client undertakes to fully comply with the provisions related to copyright and the protection of personal data regarding the data entered into the system.
6.1.4. The Client assumes full responsibility for the creation, personalization, administration, management, accuracy and legality of the documents issued using the services of SPECTRALAB SOLUTIONS S.R.L.
6.1.5. The Client will process personal data in accordance with the legal provisions in force and has the obligation to comply with the legislation in this field, and SPECTRALAB SOLUTIONS S.R.L. cannot be held responsible for any damages or breaches of the rights of third parties.
6.1.6. The Client has the right to add multiple users with various access rights to the IT system. They may also delegate their tasks to one or more users.
6.1.7. The Client undertakes to provide access to a single employee per Account. The use of a user account by multiple persons is considered a breach of the client’s obligations, and SPECTRALAB SOLUTIONS S.R.L. reserves the right to suspend the Client’s services.
6.1.8. The Client understands and agrees with the Terms and Conditions of the www.routena.com portal, the Software License Agreement for the Routena program, as well as the Privacy Policy.
6.2. Rights and Obligations of SPECTRALAB SOLUTIONS S.R.L.
6.2.1. SPECTRALAB SOLUTIONS S.R.L. provides:
access to the technical platform necessary for managing the data and documents uploaded into the Routena system;
support Monday to Friday between 09:00 – 17:00 for issues related to the Routena application;
data backup;
connection to the system through a secure communication protocol (https);
synchronization of the data from the user account so that it is available from anywhere via internet access. The services of SPECTRALAB SOLUTIONS S.R.L. do not work in offline mode.
6.2.2. www.routena.com acts as a hosting service provider for the content added by the Client, in accordance with the provisions of Law 365/2002 on electronic commerce. At the same time, SPECTRALAB SOLUTIONS S.R.L. keeps a limited part of the data on its IT infrastructure. Data relating to the Client’s access is not stored on mobile devices or in browser caches. SPECTRALAB SOLUTIONS S.R.L. assumes no responsibility for the loss of access passwords to the user account or for activities that may compromise the security of the Client’s account. If SPECTRALAB SOLUTIONS S.R.L. receives notifications, alerts or reports regarding the existence of services or activities that appear to be deceptive (such as “spam” or “phishing”) or that are carried out unlawfully by clients, the company reserves the right to suspend or restrict access to their user account.
6.2.3. Each Client will be able to configure a system of users with specific sets of rights, according to the functionalities available on the Routena website. The Client assumes full responsibility for the actions of the users approved by them. If users breach the provisions specified in the documents mentioned in point 2.6 of this contract or engage in illegal or immoral activities, the Client will be subject to the corresponding legal actions.
6.2.4. Data backup is performed daily to ensure its integrity and availability. It is important to note that access to previous versions of the data is limited and is available only in cases of data loss caused by technical errors within the Routena platform. This access to previous data is strictly controlled and is carried out for the purpose of restoring data to a version known to be functional in the event of data loss. This access is also carefully managed to avoid any potential security risks or unauthorized use. SPECTRALAB SOLUTIONS S.R.L. assumes no responsibility for the failure to perform backups on certain days due to external reasons.
6.2.5. If a data restoration is not possible directly from the database, SPECTRALAB SOLUTIONS S.R.L. will provide technical assistance to facilitate access to the respective data.
6.2.6. It is important to note that SPECTRALAB SOLUTIONS S.R.L. does not exercise direct control over the content of data or documents uploaded by the Client, but monitors this data and these documents for security purposes and to improve the quality of the services offered.
6.2.7. SPECTRALAB SOLUTIONS S.R.L. grants the Client a non-exclusive license, unlimited in time and space, to use the applications offered on www.routena.com.
6.2.8. SPECTRALAB SOLUTIONS S.R.L. has the right to collect anonymous data regarding the use of its services and may disclose this information in aggregate form.
7. Registration, Passwords and Responsibilities
7.1. The registration process on www.routena.com.
The Client’s access to certain functionalities available on the site, such as the Routena program, is permitted depending on the type of monthly or annual subscription they choose. To ensure the security of your account, we recommend that you do not disclose your access passwords to anyone.
7.2. Security of data transmission over the internet
Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. Despite the efforts made by SPECTRALAB SOLUTIONS S.R.L. to protect client information and to use secure protocols (https) for its transmission, the company cannot ensure or guarantee the security of the information that clients transmit to the platform. It is important to note that any information sent to SPECTRALAB SOLUTIONS S.R.L. is at the Client’s own risk.
7.3. Unauthorized access and computer offences
Any attempt at unauthorized access to the non-public elements of www.routena.com, or any access by third parties other than those authorized for an account hosted by us, constitutes an offence of unlawful access to a computer system and will be sanctioned in accordance with the Romanian legislation in force.
8. Contractual Liability
8.1. Warranties and Responsibility of the Client
The Client ensures the truthfulness of the data entered and bears full responsibility for the manner and purpose in which they use the services offered by SPECTRALAB SOLUTIONS S.R.L. The Client is also responsible for configuring the system of users who have access to their account and for their behavior.
8.2. Truthfulness and updating of information
The Client guarantees the truthfulness of the information provided to www.routena.com and is solely responsible for presenting it correctly and completely, as well as for maintaining the accuracy and updating the information.
8.3. Use for legal purposes
SPECTRALAB SOLUTIONS S.R.L. cannot be held liable if the Client uses the applications and services provided for illegal or immoral purposes.
8.4. Indemnification and fraudulent actions
The Client agrees that they are solely responsible and undertakes to indemnify SPECTRALAB SOLUTIONS S.R.L. for any damages, costs or losses of profit arising as a result of fraudulent actions undertaken by them. Through this agreement, the Client understands and accepts that SPECTRALAB SOLUTIONS S.R.L. may transmit their data to investigative bodies if it receives a reasoned request from an authorized public institution.
8.5. Limitation of liability
Although it makes efforts to ensure the quality and correctness of the messages published on the site, SPECTRALAB SOLUTIONS S.R.L. cannot guarantee, whether explicitly or implicitly, the content, software or products and services published under its umbrella. In no case does SPECTRALAB SOLUTIONS S.R.L. assume responsibility for any direct or indirect damages or errors, for the direct or indirect loss of profit (including, but not limited to, damages caused by loss of profit, business interruption or other financial losses) caused by the use or interruption of use of the information and services provided by the site.
8.6. Accuracy and timeliness of information
SPECTRALAB SOLUTIONS S.R.L. cannot guarantee the accuracy, correctness or timeliness of the information or services provided by the site under any circumstances.
8.7. Limitation of liability regarding route, distance and estimate calculations
The functionalities for calculating routes, distances, estimated travel times (ETA), time/distance matrices, route optimization, address geocoding and cost estimates (tolls, fuel, emissions) are provided for informational and indicative purposes only, based on mapping and traffic data from third-party and open-source sources, which may be incomplete, outdated or inaccurate. These represent automatically generated estimates, not navigation instructions, and not guarantees regarding the feasibility, legality or actual duration of a transport. Actual on-the-ground conditions (weight/dimension restrictions, one-way streets, roadworks, weather, traffic, local regulations, dangerous-goods restrictions) always prevail. The Client and the drivers are obliged to obey road signs, applicable legislation and traffic restrictions, regardless of the route suggested by the platform. SPECTRALAB SOLUTIONS S.R.L. is not liable for fines, delays, additional consumption, damage to cargo or vehicle, accidents, or any other damages resulting from the use of or reliance on routing, distance or estimate results.
8.8. Limitation of liability regarding data entered by users
The platform processes exclusively the data entered, imported or configured by the Client and their users (including, without limitation: cargo data — weight, dimensions, volume, ADR/dangerous-goods class —, addresses and loading/unloading points, partner data, prices, financial and fiscal data, documents). The Client is solely responsible for the existence, accuracy, completeness, timeliness and legality of this data. Any result generated by the platform on the basis of this data (calculations of capacity, weight, load, price, margin, invoices, reports, plans, routes) reflects the data entered by the Client and does not constitute a verification, validation or guarantee on the part of SPECTRALAB SOLUTIONS S.R.L. SPECTRALAB SOLUTIONS S.R.L. is not liable for damages resulting from erroneous, incomplete or incorrectly entered data by the Client or their users, including for weight/dimension overruns, sanctions, invoicing errors or operational decisions made on the basis thereof.
8.9. Limitation cap on liability
To the extent permitted by law, the total cumulative liability of SPECTRALAB SOLUTIONS S.R.L. to the Client, arising out of or in connection with this contract, regardless of the basis (contractual, tort or otherwise), is limited to the value of the subscription actually paid by the Client in the last 3 (three) months prior to the event that gave rise to the damage. SPECTRALAB SOLUTIONS S.R.L. is not liable for indirect damages, including, without limitation: loss of profit, revenue, data, goodwill, business interruption, fines or administrative/fiscal sanctions.
8.10. Mandatory exceptions
The limitations and exclusions of liability provided for in this contract do not apply in cases where liability cannot be removed or limited under Romanian law, including for intent or gross negligence (art. 1355 of the Civil Code) and for damages to the physical integrity or health of persons.
8bis. Specific Service Limitations
8bis.1. e-Factura and transmission to ANAF
Where the platform generates invoices in electronic format (e-Factura/UBL) and transmits them to the ANAF (SPV) system, SPECTRALAB SOLUTIONS S.R.L. acts as a mere technical instrument for generation and transmission. Fiscal responsibility for the issuance, content, correctness, taxation (VAT), deadlines and archiving of invoices rests exclusively with the Client, as taxpayer. SPECTRALAB SOLUTIONS S.R.L. is not liable for rejections, errors, the unavailability or modifications of the ANAF/SPV system, for transmission delays caused by third parties, or for fiscal sanctions of any nature. The Client is obliged to verify the status of each transmitted invoice.
8bis.2. Exchange rates
The exchange rates (BNR/ECB) displayed or used in calculations are taken from official third-party sources, for informational purposes, and may differ from the rate applicable to the Client’s actual transaction. SPECTRALAB SOLUTIONS S.R.L. does not guarantee the availability or accuracy of these rates and is not liable for exchange-rate differences, rounding differences, or derived accounting/fiscal effects.
8bis.3. GPS location and monitoring of vehicles and drivers
GPS positioning data is provided for indicative purposes and may be delayed, interrupted or inaccurate due to network coverage, devices or third-party providers. The Client, as data controller and employer, is solely responsible for the legality of collecting and processing the location data of employees and drivers (including informing them and the existence of a legal basis under the GDPR). SPECTRALAB SOLUTIONS S.R.L. is not liable for the Client’s use of the monitoring functions.
8bis.4. Notifications and reminders (insurance, technical inspection, road tax/vignette, documents, expiries)
Reminders and notifications regarding the expiry of documents, insurance, servicing or other deadlines are assistance functions, provided “as is”, without any guarantee of timely delivery or delivery at all. The responsibility to track and comply with legal and contractual deadlines rests entirely with the Client. SPECTRALAB SOLUTIONS S.R.L. is not liable for fines, losses or damages resulting from the non-delivery, delay or non-observance of a notification.
8bis.5. Cargo, loading and dangerous goods (ADR)
Information regarding capacity, weight, load distribution and ADR classification is based on the data entered by the Client and does not replace the mandatory legal checks, weighings and documentation. The Client is solely responsible for the compliance of the transport (tonnage, dimensions, ADR, transport documents).
8bis.6. Decision-support character
The automated results of the platform (routes, estimates, calculations, reports, suggestions) constitute decision support, not legal, fiscal, accounting or transport advice, and do not replace the Client’s professional judgement.
8bis.7. Third-party services and providers
The platform relies on third-party providers (maps and routing, payments, authentication, cloud hosting, email, ANAF). SPECTRALAB SOLUTIONS S.R.L. is not liable for the unavailability, errors or modifications of these third-party services, but will make reasonable efforts to restore the normal functioning of the affected services.
8bis.8. Indemnification
The Client undertakes to indemnify and hold harmless SPECTRALAB SOLUTIONS S.R.L. (as well as its administrators, employees and collaborators) against any claims, damages, costs, fines or expenses (including reasonable legal assistance costs) brought by third parties and resulting from: (i) the data and content entered by the Client or their users; (ii) the use of the services in breach of this contract or of the law; (iii) the Client’s breach of its obligations regarding the protection of personal data.
9. Termination of the Contract
9.1. Grounds for termination
This contract may be terminated in the following circumstances:
a) By mutual agreement of the parties.
b) Where one of the parties fails to fulfill, or repeatedly and defectively fulfills, its contractual obligations.
c) By the unilateral decision of a party, communicated in writing to the other party. The termination notice must be received at least 30 calendar days before the date set for the termination of the collaboration.
d) In the event of dissolution, liquidation, bankruptcy or withdrawal of the operating authorization of one of the parties. In this situation, the parties will be obliged to mutually fulfill the debts resulting up to the moment the cause for termination of the contract occurred.
10. Exemption from Liability
10.1. Damages and Costs
SPECTRALAB SOLUTIONS S.R.L. will not be responsible for any material or moral damage, damages or costs that may arise as a result of the Client’s delay in making payments or as a result of the Client’s breach of any legal obligations, except where these are due exclusively to the fault of SPECTRALAB SOLUTIONS S.R.L.
11. Confidentiality
11.1. Confidential Information
Neither contracting party has the right, without the prior written consent of the other party:
a) To disclose any confidential information to a third party, except for the persons involved in the conduct and execution of the contract.
b) To use any confidential information, or information to which it has access during the performance of the contract, for purposes other than the fulfillment of its contractual obligations. All information considered confidential must be appropriately marked by the party that considers it as such.
11.2. Exceptions
The aforementioned restriction does not apply in the following situations:
a) The information was known to the contracting party before receiving it in the context of this contract.
b) The information was already publicly available.
c) The party in question was required, by law, to disclose the respective information.
12. Force Majeure
12.1. Definition
Force majeure exempts the parties from liability in the event of partial or total non-performance of the obligations assumed under this contract. Force majeure means an event independent of the will of the parties, unforeseeable and insurmountable, occurring after the conclusion of the contract and which prevents the parties from fully or partially performing the assumed obligations.
12.2. Notification
The party invoking force majeure is obliged to bring it to the attention of the other party, in writing, within a maximum of 5 days from its occurrence.
12.3. Cessation of the Cause
The party invoking force majeure is obliged to bring to the attention of the other party the cessation of its cause within a maximum of 15 days from cessation.
12.4. Termination of the Contract
If these circumstances and their consequences last more than 2 months, each party may withdraw from further performance of the contract. In this case, neither party has the right to claim damages from the other party, but they have the duty to honor all their obligations up to that date.
13. Governing Law
13.1. Applicability of Romanian Law
The rights and obligations of the parties imposed by this contract, as well as all the legal effects it produces, will be interpreted and governed by the Romanian law in force.
13.2. Dispute Resolution
Any dispute concerning this agreement will be settled amicably. If amicable settlement is not possible, the dispute will be brought before an arbitrator. If the parties do not agree on the appointment of an arbitrator within 15 days of the notification of the dispute, jurisdiction will lie with the Romanian courts at the registered office of SPECTRALAB SOLUTIONS S.R.L.
14. Final Provisions
14.1. Entire Agreement
The parties declare that they have negotiated all the clauses of this contract and that these are expressly accepted by signing the contract. Any prior understanding will not produce legal effects between the parties.
14.2. Contractual Modifications
This contract may be modified only by agreement of the parties, by concluding an addendum to this contract. However, in the case of the update of the general contract, the present one, set out under Terms and Conditions, these modifications may be made without the Client’s agreement. However, in such cases, the Client has the right to cancel the contract before the new conditions take effect, with a minimum notice of 5 working days, disregarding the terms mentioned in 9.1 letter c).
14.3. Communication
Any notification to SPECTRALAB SOLUTIONS S.R.L. must be sent electronically to the email address [email protected].
14.4. Partial nullity (severability clause)
If a clause, or part of a clause, of this contract is declared null, illegal or unenforceable by a competent court or authority, this will not affect the validity and enforceability of the remaining clauses, which will continue to produce effects. The parties will replace the affected clause with a valid provision that reflects, as closely as possible, the original economic and legal intent. In particular, if a limitation of liability is held to be unenforceable, the liability of SPECTRALAB SOLUTIONS S.R.L. will be limited to the maximum permitted by applicable law.