Terms and Conditions

Article 1 – Provider Details

The LoadPlan service (the “Service”) is provided by:

(the "Provider")

Article 2 – Definitions

For the purposes of these Terms and Conditions (the "Terms"), the following definitions apply:

• "Service" means the LoadPlan web application available at https://www.loadplan.app, designed for 3D visualisation and planning of cargo loading into trucks.
• "User" means a natural person (consumer) or a legal entity / self-employed person who registers for and uses the Service.
• "Subscription" means paid access to the Service under a selected pricing plan (monthly or annual).
• "Account" means an individual access profile created by the User through registration.
• "User Content" means all data, loading plan configurations and other information entered by the User into the Service.
• "Trial Period" means the free 14-day period starting on registration, during which the User may access the Service without any obligation to pay a Subscription.

Article 3 – Scope

3.1 These Terms govern the rights and obligations between the Provider and the User in connection with the use of the Service.

3.2 By registering an Account or by starting to use the Service, the User accepts these Terms as currently in force.

3.3 These Terms apply to all Users, whether consumers or business users. Certain provisions apply specifically to consumers in accordance with Act No. 108/2024 Coll. on Consumer Protection and the relevant provisions of Act No. 40/1964 Coll., the Civil Code.

Article 4 – Registration and Account

4.1 Use of the Service requires registration. The User must provide accurate and up-to-date information. Registration automatically starts a 14-day Trial Period, during which access to the Service is free of charge.

4.2 Each User may hold only one Account. Sharing login credentials with third parties is prohibited.

4.3 The User is responsible for keeping their login credentials secure and for all activity carried out through their Account.

4.4 The Provider reserves the right to suspend or terminate an Account in the event of a breach of these Terms.

Article 5 – Subscription and Pricing

5.1 The Service is provided on a paid Subscription basis. Every new User is entitled to a free 14-day Trial Period before activating a Subscription. Current pricing plans are published on the Service's website.

5.2 The Trial Period begins on the date of registration and lasts 14 calendar days. During the Trial Period the User is not required to provide any payment details or to pay any fees.

5.3 After the Trial Period ends, access to the Service will be restricted unless the User selects and pays for one of the available plans. The Provider will notify the User of the upcoming end of the Trial Period by email.

5.4 The User may choose a monthly or annual Subscription. The annual plan is offered at a discount compared to the monthly plan.

5.5 Before the current Subscription period ends, the Provider will send the User a renewal notice with a request for payment for the next period. For monthly Subscriptions the notice is sent 7 days before the period ends; for annual Subscriptions it is sent 30 days before.

5.6 All prices are quoted in euros (EUR) and are final. The Provider is not a domestic VAT payer within the meaning of Section 4 of Act No. 222/2004 Coll. on Value Added Tax. No VAT is charged on top of the listed prices. If the Provider's tax status changes, Users will be informed.

5.7 The Provider reserves the right to change Subscription prices. Any price change will be communicated to the User at least 30 days in advance and will apply to the next Subscription period.

Article 6 – Payment Terms

6.1 Subscription fees may be paid in one of the following ways:

• bank transfer to the Provider's account;
• payment via payment link.

6.2 The Provider will send the User a pro-forma invoice or payment request in electronic form before the start of each new Subscription period. The first payment is due after the Trial Period ends, provided the User wishes to continue using the Service.

6.3 The Provider will issue an electronic tax document (invoice) and send it to the User's email address.

6.4 If the User fails to pay the Subscription by the deadline stated in the payment request, the Provider is entitled to deactivate the User's Account. Deactivation for non-payment is treated as cancellation of the Subscription by the User. The retention period for User Content following deactivation is 30 days.

Article 7 – User's Rights and Obligations

7.1 The User is entitled to:

• use the Service to the extent covered by the chosen pricing plan;
• access and export their User Content;
• cancel their Subscription at any time.

7.2 The User must:

• use the Service in accordance with these Terms and applicable law;
• not damage, overload or otherwise interfere with the operation of the Service;
• not use the Service for unlawful purposes.

7.3 The User is expressly prohibited from:

• attempting to gain unauthorised access to the Service's systems;
• reverse engineering, decompiling or disassembling the Service;
• automated data collection from the Service (scraping, crawling);
• sublicensing, selling or leasing access to the Service to third parties;
• removing or circumventing any technical protection measures.

Article 8 – Provider's Rights and Obligations

8.1 The Provider will use reasonable efforts to:

• keep the Service functional and available within its technical capabilities;
• protect User data in accordance with the Privacy Policy;
• give Users reasonable advance notice of planned downtime or changes.

8.2 The Service runs on third-party infrastructure (hosting, databases, cloud services). The Provider is not liable for outages, performance limitations or data loss caused by these external providers. The Provider undertakes to select reliable infrastructure providers.

8.3 The Provider does not guarantee uninterrupted availability of the Service and does not offer any Service Level Agreement (SLA), unless otherwise agreed in writing.

8.4 The Provider reserves the right to:

• update, modify or expand the Service's features at any time;
• temporarily restrict access to the Service for maintenance, updates or security reasons;
• change its infrastructure provider without prior notice, provided this does not affect the quality of the Service;
• remove User Content that breaches these Terms or applicable law.

Article 9 – Intellectual Property

9.1 The Service, including its design, source code, algorithms, graphics, texts, logo and the "LoadPlan" trade name, is the intellectual property of the Provider and is protected by the Copyright Act (Act No. 185/2015 Coll.) and other applicable Slovak law.

9.2 By registering and activating the Trial Period or by paying the Subscription, the User obtains a non-exclusive, non-transferable licence to use the Service solely for its intended purpose, for the duration of the Trial Period or the Subscription.

9.3 The User may not copy, modify, distribute or otherwise exploit any part of the Service without the Provider's prior written consent.

9.4 Content created by the User (loading plans, configurations) remains the property of the User. The Provider is granted the right to process such Content solely to the extent necessary to operate the Service.

Article 10 – Liability and Limitation of Liability

10.1 The Service is a visualisation and planning tool. Its outputs are informational and do not constitute binding loading instructions.

10.2 IMPORTANT NOTICE: The User is solely responsible for safely loading, securing and restraining cargo in accordance with applicable regulations, in particular the EN 12195 standards and the ADR rules. The Service does not replace professional loading expertise and judgement.

10.3 The Provider is not liable for:

• damage caused by improper use of the Service's outputs;
• damage caused by Service outages or data loss due to force majeure;
• lost profits or indirect damages.

10.4 The Provider's total liability to the User for any claims arising out of the use of the Service is limited to the amount paid by the User for the Subscription over the preceding 3 months.

10.5 The limitations in clauses 10.3 and 10.4 do not apply to damage caused intentionally or by gross negligence and do not apply to the extent that they would conflict with mandatory consumer protection law.

10.6 The Service is a digital service within the meaning of Sections 852a et seq. of Act No. 40/1964 Coll., the Civil Code. The Provider is liable for defects in the digital service that arise during the term of the contract. The Provider must ensure that the digital service is free of defects throughout the agreed period.

10.7 If the Service is defective, the consumer is entitled to have the defect remedied free of charge. If a remedy cannot be provided, or is not provided within a reasonable time, the consumer is entitled to a proportionate price reduction or to terminate the contract in accordance with the relevant provisions of Act No. 108/2024 Coll. on Consumer Protection.

Article 11 – Right of Withdrawal (Consumers)

11.1 A consumer User has the right to withdraw from the contract without giving any reason within 14 days of the conclusion of the contract, in accordance with Section 19 of Act No. 108/2024 Coll. on Consumer Protection.

11.2 During the free Trial Period, the User may stop using the Service at any time with no financial obligation. The withdrawal right under clause 11.1 applies from the moment the paid contract is entered into (activation of the Subscription).

11.3 If a consumer User expressly requests that the Service begin to be supplied before the withdrawal period expires, they acknowledge that:

• by giving consent for the Service to be supplied, they lose the right to withdraw once the Service has been fully supplied;
• if they withdraw while the Service is still being supplied, they must pay a proportionate amount for the services received up to the point of withdrawal.

11.4 The User may exercise the right of withdrawal by sending a notice to the Provider's email address or by using the form available on the Service's website.

Provider's email: loadplan@lukkeedigital.sk

11.5 The Provider will return any payments received within 14 days of receiving the withdrawal notice, using the same payment method as the original transaction, unless agreed otherwise with the User.

Article 12 – Cancellation and Termination

12.1 The User may cancel the Subscription at any time via the Account settings. Cancellation takes effect at the end of the current Subscription period.

12.2 Once the Subscription is cancelled, the Account will be set to inactive. The Provider will retain the User Content for 30 days after cancellation, during which the User may export their data.

12.3 After the 30-day period expires, the Provider may permanently delete the User Content.

12.4 The Provider may terminate the contract by immediately closing the Account in the event of a material breach of these Terms.

Article 13 – Availability and Maintenance

13.1 The Provider will use reasonable efforts to keep the Service available but does not guarantee uninterrupted operation. The Provider reserves the right to continually update the Service's functionality, design and scope.

13.2 The Service depends on third-party infrastructure and services (server hosting, database services, CDN and similar). Outages or limitations on the part of those providers may cause the Service to be temporarily unavailable, and the Provider is not liable for such outages.

13.3 The Provider reserves the right to carry out routine and emergency maintenance, during which the Service may be temporarily unavailable.

13.4 Where possible, the Provider will give Users reasonable advance notice of planned maintenance via the website or by email. In the event of unplanned outages caused by a third party, the Provider will inform Users without undue delay.

13.5 If the Provider makes a change to the Service that adversely affects a consumer's access to the Service or substantially limits its functionality (e.g. removal of a feature included in a paid plan), the Provider must notify the User by email at least 15 days in advance. The consumer has the right to terminate the contract free of charge within 30 days of the notification.

Article 14 – Data Protection

14.1 Processing of Users' personal data is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and by Act No. 18/2018 Coll. on Personal Data Protection.

14.2 Details of the processing of personal data, the purposes and legal bases of processing, and the rights of data subjects are set out in a separate "Privacy Policy", which is available on the Service's website and forms an integral part of these Terms.

Article 15 – Complaints and Dispute Resolution

15.1 If the Service is defective, a consumer User may report the defect to the Provider by sending a notice to the contact email or phone number listed in Article 1 of these Terms.

15.2 The Provider will, without undue delay after the defect is reported, issue the User with a written confirmation of the report (including in electronic form) stating a reasonable deadline for fixing the defect. That deadline may not exceed 30 days.

15.3 In the case of a defect in the digital service, a consumer User is entitled to have the defect remedied free of charge. If a remedy cannot be provided, the User is entitled to a proportionate price reduction or to terminate the contract in accordance with the relevant provisions of Act No. 108/2024 Coll. on Consumer Protection.

15.4 Business Users (B2B) assert claims arising from defects in the Service under the relevant provisions of Act No. 513/1991 Coll., the Commercial Code.

15.5 Consumers have the right to refer a dispute to the Slovak Trade Inspection (SOI) as an alternative dispute resolution body under Act No. 391/2015 Coll.

15.6 Consumers may also submit a proposal for alternative dispute resolution via the EU Online Dispute Resolution (ODR) platform at:

https://ec.europa.eu/consumers/odr/

Article 16 – Changes to the Terms

16.1 The Provider reserves the right to unilaterally amend these Terms.

16.2 The User will be informed of any changes at least 15 days before they take effect, either by email or through a notice in the Service.

16.3 If the User does not agree with the changes, they may terminate the contract by cancelling the Subscription before the changes take effect. Continued use of the Service after the effective date of the changes constitutes acceptance of the amended Terms.

Article 17 – Final Provisions

17.1 These Terms are drawn up in Slovak. The Service is also available in English. In the event of any conflict between language versions, the Slovak version prevails.

17.2 Communications between the Provider and the User may be conducted in Slovak or English.

17.3 These Terms are governed by the laws of the Slovak Republic. The choice of Slovak law does not deprive a consumer residing in another EU Member State of the protection granted to them by mandatory provisions of the law of their country, in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I).

17.4 Matters not regulated by these Terms are governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code (including Sections 852a et seq. on contracts for the supply of digital content and digital services), Act No. 513/1991 Coll., the Commercial Code, Act No. 108/2024 Coll. on Consumer Protection, and other applicable Slovak law.

17.5 If any provision of these Terms becomes invalid or unenforceable, the remaining provisions will remain in force. Any invalid provision will be replaced by a provision that most closely reflects the original intent in terms of meaning and purpose.

17.6 Annex No. 1 – Model Withdrawal Form forms an integral part of these Terms.

17.7 These Terms take effect on the date stated at the top of the document.

Annex No. 1 – Model Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)