1. Purpose and scope
These General Terms of Use (the "Terms") govern access to and use of the FretCom platform (the "Platform"), published and operated by FretCom, a sole proprietorship of Tarik Maddah, established in Lausanne, Switzerland ("FretCom").
By accessing the Platform or creating an account, you accept these Terms without reservation. If you use the Platform on behalf of a company, you confirm that you have the authority to bind that company.
The Terms apply to every user of the Platform, whether shipper, carrier, warehouse operator, customs broker or any other logistics professional (the "User").
2. Account creation and access
2.1 Registration requirements
Access to the Platform is reserved for professionals. To create an account, the User must:
- Be a legal entity or a legally established self-employed professional.
- Provide accurate, complete and up-to-date information when registering.
- Hold a valid business identification number (UID for Swiss companies, SIRET or intra-EU VAT number for others).
- Have the legal capacity to enter into binding contracts.
2.2 Credentials and security
The User is solely responsible for keeping their credentials (email and password) confidential. Any unauthorised use of the account must be reported immediately to info@fretcom.ch. FretCom cannot be held liable for losses resulting from unauthorised use caused by the User’s negligence.
2.3 Multi-user accounts
With the Business and Enterprise plans, the User can invite colleagues. The account administrator is responsible for all actions taken by the sub-accounts linked to their organisation.
3. Description of services
FretCom is a B2B logistics infrastructure that enables:
- The publication and management of transport shipments (road, multimodal, groupage, chartering).
- Connections with verified carriers and warehouse operators.
- Real-time GPS tracking of vehicles.
- Electronic management of transport documents (CMR, ePOD, delivery notes, customs documents).
- Support with CH/EU customs compliance (NCTS, FOCBS, T1/T2 procedures).
- Automated invoicing and the contesting of proofs of delivery.
- The storage capacity exchange.
FretCom is a neutral matching platform. It does not take the place of the carrier and is not a party to the transport contracts concluded between Users.
4. User obligations
4.1 Proper use
The User undertakes to use the Platform for its intended purpose and in accordance with these Terms, Swiss law and the European regulations applicable to the carriage of goods.
4.2 Specific obligations
In particular, the User must not:
- Publish false, misleading or incomplete information about shipments or available capacity.
- Use the Platform to transport illegal or restricted goods without the required authorisations.
- Attempt to circumvent the verification or authentication systems.
- Extract, reproduce or exploit Platform data for unauthorised commercial purposes.
- Transmit malicious data or compromise the integrity of the systems.
4.3 Accuracy of information
The User guarantees the accuracy of the information provided (nature of the goods, weight, dimensions, declared value, temperature requirements, hazard class). Any inaccurate declaration is the User’s sole responsibility.
5. Pricing and invoicing
Access to the Platform requires a monthly or annual subscription according to the chosen plan (Starter, Pro, Business, Enterprise). Current prices are available on the Pricing page.
Invoices are issued in Swiss francs (CHF) excluding VAT. Users domiciled in Switzerland are subject to Swiss VAT at the applicable rate. VAT is shown on the invoice in accordance with legal requirements.
Subscriptions renew automatically. The User may cancel at any time with 30 days’ notice before renewal. On cancellation, access is maintained until the end of the current period.
6. Intellectual property
All elements of the Platform (software, design, database, algorithms, trademarks, logos) are the exclusive property of FretCom and are protected by Swiss and international intellectual property law.
The User receives only a personal, non-exclusive and non-transferable right to use the Platform for the duration of their subscription. Any unauthorised reproduction, modification, distribution or commercial exploitation is strictly prohibited.
Data generated by the User on the Platform (shipments, documents, histories) remains their property. FretCom holds a non-exclusive licence to use it to provide the service and, in aggregated and anonymised form, to improve the Platform.
7. Availability and service levels
FretCom makes every effort to keep the Platform available 24/7, aiming for high availability, excluding planned maintenance. This objective does not constitute a quantified availability guarantee.
Planned maintenance is announced at least 48 hours in advance. FretCom reserves the right to carry out emergency work without notice if security or data integrity is at risk.
FretCom does not guarantee the absence of interruptions due to external causes (force majeure, failure of third-party operators, cyberattacks). In such cases, FretCom will do its utmost to restore the service as quickly as possible.
8. Liability
8.1 Limitation of FretCom’s liability
FretCom is responsible for the proper technical operation of the Platform. As a neutral intermediary, FretCom is not a party to transport contracts and cannot be held liable for:
- Damage to or loss of goods during transport.
- A carrier’s failure to meet its contractual obligations.
- Customs errors resulting from incorrect information provided by the User.
- Indirect economic losses (loss of profit, loss of customers) linked to unavailability of the Platform.
FretCom’s total liability, on any grounds whatsoever, is limited to the amount of subscriptions paid by the User in the previous 12 months. These limitations do not apply in the event of wilful misconduct or gross negligence by FretCom.
8.2 User’s liability
The User is fully responsible for the information published on the Platform, the goods transported and compliance with the regulations applicable to their business.
9. Account suspension and termination
FretCom reserves the right to suspend or close an account, with or without notice, in the event of:
- Breach of these Terms or of any applicable regulation.
- Non-payment of amounts due after a reminder.
- Fraudulent conduct or conduct harmful to other Users.
- Use of the Platform for unlawful purposes.
If the account is terminated for breach, no refund is given for the current period. The User may request an export of their data within 30 days of termination.
10. Data protection
The processing of personal data is governed by the Privacy Policy of FretCom, which complies with the Swiss Federal Act on Data Protection (revised FADP, in force since 1 September 2023) and, where applicable, the General Data Protection Regulation (GDPR).
11. Governing law and jurisdiction
These Terms are governed exclusively by Swiss law, excluding its conflict-of-law rules.
Any dispute relating to the interpretation, performance or termination of these Terms falls under the exclusive jurisdiction of the courts of Lausanne, Switzerland, unless mandatory provisions of the law applicable to the User provide otherwise.
Before any court proceedings, the parties undertake to attempt an amicable resolution within 30 days of written notice of the dispute.
12. Changes to the Terms
FretCom reserves the right to change these Terms at any time. Changes take effect 30 days after publication on the Platform, except in cases of legal or regulatory urgency.
The User will be informed by email of any substantial change. Continued use of the Platform after this period constitutes acceptance of the new Terms.
13. Contact
For any question about these Terms: info@fretcom.ch
FretCom, Lausanne, Switzerland