Terms and conditions of using Routena

1. The Contracting Parties:

1.1 SPECTRALAB SOLUTIONS S.R.L., with registered office in Aiudul de Sus no. 52, registered at the Trade Register under number J01/1511/2022, having unique registration code RO 46954671, tax attribute RO, with bank account no. RO30BTRLRONCRT0CI8823901 opened at Banca Transilvania, represented by Stefan-Boldizsar Szakacs as Administrator, operator of the www.routena.com platform and all its subdomains (including but not limited to app.routena.com), as “Provider.”

and

1.2. The “Client,” with the identification data from the www.routena.com platform, has accepted the following:

This is the contract proposed by SPECTRALAB SOLUTIONS S.R.L. and must be accepted before ordering any service from www.routena.com . Any order confirmed by the customer, by checking the box “I have read the Terms and Conditions of Use of Routena,” represents an acceptance by the customer of the offer of SPECTRALAB SOLUTIONS S.R.L. under the conditions provided by Article 9 of the Electronic Commerce Law 365/2002. Checking the box represents an electronic signature, in the sense of article 4 point 3 of the Electronic Signature Law no. 455/2001, having the same value as a holographic signature.

Definitions:

www.routena.com : The website, as well as all the services accessible on this website or its subdomains.

Service: The services offered by SPECTRALAB SOLUTIONS S.R.L. through the website www.routena.com , including, but not limited to, access to applications for editing transport orders, editing confirmations to customers, management and administration of financial-accounting documents, synchronization of customer account data, support for these services, automated backup - accessible from anywhere via the Internet - by providing the services in the form of a monthly subscription.

Customer: The legal person who places an order on the website www.routena.com or registers as a user.

Order: The request to purchase one or more services displayed on the website www.routena.com , made by a customer who wishes to benefit from those services.

Visitor: The natural person who visits the www.routena.com website without purchasing services or placing an order.

User: An employee or administrator of the Client’s company.

Account: Account with paid access to www.routena.com services, created for a User.

2. Object and acceptance of this Service Agreement

2.1. This Service Agreement is applicable to all orders or accounts made through www.routena.com . The customer undertakes to read these conditions before placing an order or opening an account. All orders and account opening imply acceptance by the Customer of all these terms of service. The acceptance of this contract by the customer is done by checking the box “I have read the Terms and conditions of use of Routena”.

2.2. SPECTRALAB SOLUTIONS S.R.L. reserves the right to modify these terms of service at any time. The version applicable to an order made is the one in force on www.routena.com at the time when the order was placed by the customer. In case of changes, they will come into force starting from the first day of the following month or from the date mentioned in the update notice.

2.3. As the operator of the website www.routena.com , SPECTRALAB SOLUTIONS S.R.L. provides access services for the Client to the transport company management application, including but not limited to car fleet management, transport order management, accounting management, and user management - by providing the services in the form of a monthly subscription.

2.4. The services can be accessed from a number of interfaces such as: Google Chrome, Mozilla Firefox, Safari, Edge.

2.5. For the list of services offered by the Routena program see here: www.routena.com . The monthly or annual price for Routena will be established by SPECTRALAB SOLUTIONS S.R.L. depending on 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 phone. The payment of the services by the Client represents his acceptance of the price offered by SPECTRALAB SOLUTIONS S.R.L. for Routena.

2.6. This service 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 of placing the order or the date it is created of the account, and the obligations of the parties enter into force from this date.

3.2. As soon as payment is made for the type of monthly subscription chosen, the Customer will have access to the services included in the subscription package from the moment the payment is confirmed by the Provider. The cancellation of the order can be made until the payment is made. Any errors occurring in the order made by the Customer can be corrected until the payment is confirmed by the Service Provider via an email sent to [email protected] or to the phone number +40773949310 between Monday and Friday, between 09:00 a.m.: 00 and 17:00.

3.3. If the Customer does not notify the cancellation of the chosen subscription at least 15 calendar days before the expiration of the validity period of the subscription, every month or if it is a monthly subscription, every year, the subscription will be automatically extended without any additional formality.

3.4. If the Customer wishes to change the type of subscription chosen during the period in which a previously chosen subscription is active, this is possible – the change taking effect within 5 working days from the payment of the difference, in the case of upgrading a package, and in the case of downgrading a package, it takes effect after the period for which the customer has already paid expires and makes a new payment, for a smaller package.

3.5. If the Client no longer wishes to continue the services, access will be permanently interrupted, and his data will be automatically deleted within 60 days. The customer has the possibility to request the immediate deletion of the uploaded data, and this will be done in a maximum of 5 working days.

4. Contract value and payment

4.1. For the services rendered, the Client will pay SPECTRALAB SOLUTIONS S.R.L. a monthly amount provided at the time of completing the online order, depending on the type of subscription chosen.

4.2. SPECTRALAB SOLUTIONS S.R.L. will send regular payment notifications in accordance with the type of subscription chosen, and based on them, the Customer will make the online payment with the card.

5. Availability of the displayed services

5.1. The offer of SPECTRALAB SOLUTIONS S.R.L. regarding the 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 customer makes the payment for the selected service.

5.2. Any changes in rates or regarding the availability of services will be communicated by email to the customer’s contact address in 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 customer is responsible for updating the data in the user account as soon as changes occur. SPECTRALAB SOLUTIONS S.R.L. does not take responsibility in the event of damages or damages of any kind due to the impossibility of accessing the e-mail address declared in the user account.

5.4. Access to the Routena program is available until the service is terminated and/or the Customer account is deleted, regardless of technological progress or changes, unless the Customer ceases to pay its subscription. This access also includes legislative updates for the available services, as well as email support throughout the duration of this contract.

5.5. SPECTRALAB SOLUTIONS S.R.L. makes every effort to provide permanent access to www.routena.com services, but can only guarantee service availability to the extent of 95.0%. The availability period does not include maintenance periods announced in advance by email or within the service, but includes those unannounced maintenance periods. Thus, considering the dependence of the services offered on Internet access, the possible technical and system limitations that may appear, SPECTRALAB SOLUTIONS S.R.L. aims to reach the availability of services according to the above percentage.

5.6. In the conditions where 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 customer nomenclature 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.. In the conditions where the desired service is no longer available, for reasons attributable to the Customer (non-payment, violation of this contract, etc.) , SPECTRALAB SOLUTIONS S.R.L. will endeavor, but not guarantee, to provide the Client with access to export its documents in PDF format,and the product and customer nomenclature in tabular format. SPECTRALAB SOLUTIONS S.R.L. cannot take any obligation related to how this data may be loaded into other computer systems.

5.7. Also, SPECTRALAB SOLUTIONS S.R.L. 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 applications of SPECTRALAB SOLUTIONS S.R.L.

6. Rights and Obligations of the Parties

6.1. Customer’s rights and obligations

6.1.1. The customer is solely responsible for all content in his account or for any violation of the law or the rights of a third party.

6.1.2. The customer undertakes to use the services of SPECTRALAB SOLUTIONS S.R.L. in full legality and knowing the legal provisions in force regarding the activity they carry out.

6.1.3. It undertakes to fully comply with the provisions related to copyright and the protection of personal data with regard to the data entered into the system.

6.1.4. Takes full responsibility for the creation, personalization, administration, management, accuracy and legality of documents issued with the help of the services of SPECTRALAB SOLUTIONS S.R.L.

6.1.5. The customer will process personal data according to 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 violations of the rights of third parties.

6.1.6. He has the right to add more users with various access rights to the IT system. He can also delegate his duties to one or more users.

6.1.7. The customer undertakes to provide access to only one employee per Account. The use of a user account by several people is considered a violation of the client’s obligations and SPECTRALAB SOLUTIONS S.R.L. reserves the right to suspend the Customer’s services.

6.1.8. Understands and agrees with the Terms and Conditions of the www.routena.com portal, with the Software License Agreement for the Routena program, as well as with the Privacy Policy.

6.2. The rights and obligations of SPECTRALAB SOLUTIONS S.R.L.

6.2.1. SPECTRALAB SOLUTIONS S.R.L. ensure:

access to the technical platform required for the management of data and documents uploaded to the Routena system.

support from Monday to Friday between 09:00 and 17:00 for Routena app issues

data backup.

connecting to the system through a secure communication protocol (https).

synchronizing user account data so that it is available from anywhere through Internet access. The services of SPECTRALAB SOLUTIONS S.R.L. it does not work in the offline version.

6.2.2. www.routena.com acts as a hosting service provider for the content added by the Customer, 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 related to the Client’s access is not stored on mobile devices or in the cache of browsers. SPECTRALAB SOLUTIONS S.R.L. takes no responsibility for the loss of user account passwords or for activities that may compromise the security of the Customer’s account. In the situation where SPECTRALAB SOLUTIONS S.R.L. receives notices, alerts or alerts regarding the existence of services or activities that appear to be deceptive (such as “spam” or “phishing”) or are being conducted illegally by customers, the company reserves the right to suspend or restrict access to their user account.

6.2.3. Each Customer will have the opportunity to configure a system of users with specific sets of rights, according to the functionalities available on the Routena website. The customer takes full responsibility for the actions of users approved by him. If users violate the provisions specified in the documents referred to in point 2.6 of this contract or engage in illegal or immoral activities, the Customer will be subject to appropriate legal actions.

6.2.4. Data is backed up daily to ensure its integrity and availability. It is important to note that access to previous versions of data is limited and is only available in cases of data loss caused by technical errors within the Routena platform. This access to previous data is strictly controlled and is for the purpose of restoring the data to a known working version in the event of data loss events. Also, this access is carefully managed to avoid any potential security risks or unauthorized use. SPECTRALAB SOLUTIONS S.R.L. does not take responsibility for not performing backups on certain days due to external reasons.

6.2.5. If a data restoration is not possible directly from the computer database, SPECTRALAB SOLUTIONS S.R.L. will provide technical assistance to facilitate access to said 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 these data and 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 and unlimited license in time and space to use the applications offered on the website www.routena.com .

6.2.8. SPECTRALAB SOLUTIONS S.R.L. has the right to collect anonymous data on how its services are used and may disclose this information in aggregate form.

7. Registration, Passwords and Responsibilities

7.1. The registration process on the website www.routena.com .

The Customer’s access to certain functionalities available on the site, such as the Routena program, is allowed 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 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 customer information and to use secure protocols (https) for the purpose of its transmission, the company cannot ensure or guarantee the security of the information that customers transmit to the platform. It is important to note that any information sent to SPECTRALAB SOLUTIONS S.R.L. it is done at the Customer’s own risk.

7.3. Unauthorized access and computer crimes

Any attempted unauthorized access to the non-public elements of the www.routena.com site or any access by third parties other than those authorized for an account hosted by us constitutes an offense of unauthorized access to a computer system and will be sanctioned according to the Romanian legislation in force.

8. Contractual liability

8.1. Warranties and Customer Responsibility

The customer ensures the veracity of the data entered and bears full responsibility for the manner and purpose in which he uses the services offered by SPECTRALAB SOLUTIONS S.R.L. The Customer is also responsible for the system configuration of the users who have access to their account and for their behavior.

8.2. Veracity and update of information

The customer guarantees the veracity of the information provided to www.routena.com and is solely responsible for presenting it in a correct and complete manner, as well as for maintaining the accuracy and updating of the information.

8.3. Use for lawful purposes

SPECTRALAB SOLUTIONS S.R.L. cannot be held liable if the Customer uses the applications and services provided for illegal or immoral purposes.

8.4. Damages and Fraudulent Actions

The customer agrees that he is solely responsible and undertakes to indemnify SPECTRALAB SOLUTIONS S.R.L. for any damages, costs or loss of profit arising as a result of fraudulent actions taken by him. Through this agreement, the Client understands and accepts that SPECTRALAB SOLUTIONS S.R.L. may transmit its 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 website, SPECTRALAB SOLUTIONS S.R.L. cannot guarantee, either explicitly or implicitly, the content, software or products and services published under its umbrella. In no case SPECTRALAB SOLUTIONS S.R.L. takes no responsibility for any direct or indirect damages or errors, for direct or indirect loss of profit (including, but not limited to, damages for loss of profit, business interruption or other financial loss) caused by the use or discontinuance of the use 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.

9. Termination of the Agreement

9.1. Reasons for termination

This contract may be terminated in the following circumstances:

a) By mutual agreement of the parties.

b) If one of the parties does not fulfill or repeatedly fulfills the contractual obligations.

c) By the unilateral decision of a party, communicated in writing to the other parties. The notice of termination must be received at least 30 calendar days before the date set for the termination of the collaboration.

d) In case of dissolution, liquidation, bankruptcy or withdrawal of the operating authorization of one of the parties. In this situation, the parties will be obliged to fulfill each other’s resulting debts until the moment when the cause of 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 delay in making payments by the Customer or as a result of the breach by him of any legal obligations, unless they are due to the exclusive payment from 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, with the exception of persons involved in the development and execution of the contract.

b) To use any confidential information or to which he has access during the performance of the contract for purposes other than the fulfillment of his contractual obligations. All information considered confidential must be properly marked by the party treating 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 obliged, according to the law, to disclose the respective information.

12. Force Majeure

12.1. Definition

Force majeure exempts the parties from liability in case of partial or total non-execution of the obligations assumed by 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 has the obligation to inform the other party, in writing, within a maximum of 5 days from its occurrence.

12.3. Termination of the Case

The party invoking force majeure has the obligation to notify the other party of the termination of its cause within 15 days of termination.

12.4. Termination of the Contract

If these circumstances and their consequences last for more than 2 months, each party can waive the further execution of the contract. In this case, neither party has the right to demand compensation from the other party, but they have the duty to honor all their obligations up to this 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 Romanian law in force.

13.2. Dispute Resolution

Any dispute related to this agreement will be resolved amicably. If amicable settlement is not possible, the dispute will be brought for settlement before an arbitrator. If the parties do not agree on the appointment of an arbitrator within 15 days from the notification of the dispute, the settlement competence will return to the Romanian courts at the headquarters of SPECTRALAB SOLUTIONS S.R.L..

14. Final Provisions

14.1. Comprehensive Agreement

The parties declare that they have negotiated all the terms of this contract and they are expressly accepted by signing the contract. Any prior understanding shall have no legal effect between the parties.

14.2. Contractual Changes

This contract can be modified only by agreement of the parties, by concluding an addendum to this contract. However, in the case of updating the general contract, the present one, present under the Terms and Conditions, these changes can be made without the consent of the Client. However, in such cases, the Customer has the right to cancel the contract before the entry into force of the new conditions, with a notice of at least 5 working days, ignoring the terms mentioned in 9.1 paragraph c).

14.3. Communication

Any notification to SPECTRALAB SOLUTIONS S.R.L. must be sent electronically to [email protected] .