Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the ClaimCMR software platform (“Service”). By creating an account or clicking “Start Free Trial,” you enter into a binding legal agreement with ClaimCMR. Please read these Terms carefully.

1. Parties and Acceptance

These Terms are between ClaimCMR (sole proprietorship, Kaunas, Lithuania, EU — “we,” “us,” or “ClaimCMR”) and the business entity or individual completing registration (“Customer” or “you”).

This Service is for business customers only (B2B). By signing up, you confirm that you are acting in a commercial capacity on behalf of a business, not as a consumer. If you are acting as a consumer (private individual), these Terms do not apply to you — please contact hello@claimcmr.com before signing up.

Acceptance occurs at the earliest of: clicking “Start Free Trial” or “Request Access,” completing registration, or first accessing the Service.

2. Definitions

• “Service” — the ClaimCMR SaaS platform accessible at claimcmr.com and its API
• “Customer” — the business entity or authorized representative that has registered an account
• “User” — individual employees or agents authorized by Customer to access the Service
• “Customer Data” — all data, documents, and content uploaded or created by Customer within the Service
• “CMR” — the Convention on the Contract for the International Carriage of Goods by Road (Geneva, 1956, as amended)
• “Subscription” — the paid plan Customer has selected (Starter, Growth, or Professional)
• “Free Trial” — 14-day access period prior to selecting a paid Subscription, requiring no payment method

3. License Grant

ClaimCMR grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the Subscription term, solely for Customer's internal freight claims management operations.

Customer may not:

• Sublicense, resell, or white-label the Service (except use of the white-label client portal feature in Professional plan, which is licensed for Customer's clients only)
• Reverse engineer, decompile, or attempt to derive the source code of the Service
• Copy, create derivative works from, or reproduce any part of the Service
• Use the Service to build a competing product

4. Free Trial

• Free Trial period is 14 days from the date of registration, with no credit card required
• At the end of the Free Trial, Service access terminates unless Customer selects a paid Subscription
• Data entered during the Free Trial is retained for 30 days after trial expiry, then permanently deleted
• ClaimCMR reserves the right to modify or discontinue Free Trial terms at any time with reasonable notice

5. Subscription, Billing, and Payment

• Subscriptions are billed monthly or annually as selected at checkout. All prices are in EUR, exclusive of VAT where applicable.
• Monthly subscriptions: no refund for the current billing period; cancellation takes effect at end of period.
• Annual subscriptions: non-refundable except as required by Lithuanian law or in cases of ClaimCMR-caused termination.
• Price changes: ClaimCMR will provide 30 days written notice by email before any price increases take effect.
• Failed payments: ClaimCMR provides a 7-day grace period for payment resolution. After 7 days, the Service may be suspended. After 30 days of suspension, the account may be terminated and data deletion scheduled per Section 14.
• Applicable Lithuanian VAT rules apply to all transactions.

6. Data Ownership

• ClaimCMR processes Customer Data solely to provide the Service, acting as your Data Processor
• ClaimCMR may use anonymized, aggregated, non-personally-identifiable data to improve the Service (e.g., carrier denial pattern analysis at population level)
• ClaimCMR will never sell Customer Data to any third party
• Upon account termination, Customer may export all data during the 90-day retention window in CSV and JSON format

7. Important Disclaimer — CMR Deadline Calculations

The carrier intelligence and claim strength scoring features are similarly informational only. ClaimCMR does not guarantee any particular claim outcome.

8. Limitation of Liability

8.1 Exclusion of Consequential Damages

8.2 Liability Cap

8.3 Exceptions

Nothing in these Terms limits ClaimCMR's liability for:

• Death or personal injury caused by ClaimCMR's negligence
• Fraud or fraudulent misrepresentation
• Wilful misconduct or gross negligence
• Any other liability that cannot be limited by applicable Lithuanian or EU law

8.4 Mutual Limitation

The liability cap in Section 8.2 applies mutually. Customer's liability to ClaimCMR for any counterclaims is also capped at the same amount.

9. Indemnification

Customer shall indemnify and hold harmless ClaimCMR from any third-party claims, damages, or expenses (including reasonable legal fees) arising from:

• Customer's use of the Service in violation of these Terms or the Acceptable Use Policy
• Customer's violation of any third-party rights (including intellectual property or privacy rights)
• Customer's violation of applicable law
• Inaccurate, incomplete, or fraudulent data submitted by Customer to the Service
• Customer's negligent or wrongful acts or omissions

10. Service Availability and SLA

• ClaimCMR targets 99.5% monthly uptime, excluding scheduled maintenance windows
• Scheduled maintenance: provided with 48 hours' advance notice where possible
• Service credits: if monthly uptime falls below 99%, Customer is entitled to a pro-rated credit for documented downtime hours. Credits must be claimed within 30 days of the downtime event.
• Service credits are the sole and exclusive remedy for downtime and do not entitle Customer to a refund
• ClaimCMR is not liable for unavailability caused by third-party infrastructure providers (Vercel, Supabase, Cloudflare) or events outside its reasonable control

11. Acceptable Use Policy

Use of the Service is subject to our Acceptable Use Policy, incorporated into these Terms by reference. Customer must not use the Service to:

• Process data for any purpose other than legitimate freight claims management
• Submit fraudulent freight claims or fabricated documents
• Upload malicious code, viruses, or harmful content
• Access or attempt to access other customers' data
• Reverse engineer or copy the Service
• Resell or sublicense access without a written agreement with ClaimCMR
• Use the Service to train external AI or machine learning models
• Circumvent authentication, security measures, or subscription limits
• Use automated scraping of Service data or interfaces

Violations may result in immediate suspension without refund, and termination for repeated or severe violations.

12. Intellectual Property

• ClaimCMR owns all intellectual property in the Service, including its code, algorithms, UI/UX design, carrier denial intelligence database, claim strength scoring methodology, and branding
• Customer owns all Customer Data
• Customer grants ClaimCMR a limited license to process Customer Data solely to provide the Service
• If Customer submits feedback, feature requests, or bug reports, ClaimCMR may implement these at its discretion. ClaimCMR retains all IP in resulting features. No compensation is owed for feedback.
• “ClaimCMR” and related marks are trademarks of ClaimCMR. Customer may not use them without written permission.

13. Confidentiality

Each party agrees to keep the other's Confidential Information secret and not to disclose it to third parties without prior written consent.

• ClaimCMR's Confidential Information includes: carrier denial database, claim scoring algorithm, pricing structures, and technical architecture
• Customer's Confidential Information includes: all Customer Data, claim amounts, carrier relationships, and business operations data
• Exceptions: information already in the public domain, independently developed by the receiving party, or required to be disclosed by law

14. Termination

By Customer

• Cancel at any time via account settings or by emailing hello@claimcmr.com
• Monthly subscriptions: cancellation effective at end of current billing period
• Annual subscriptions: cancellation effective at end of annual term (subject to EU Data Act rights below)

By ClaimCMR

• Termination for cause (material breach, sustained non-payment, or Acceptable Use violation) with 30 days written notice and opportunity to cure
• Immediate termination for: fraud, illegal activity, or severe security threat
• Service discontinuation: 90 days notice to all active customers

Upon Termination

• Customer Data retained for 90 days, then permanently deleted from all systems
• Customer may export all data during the 90-day window in CSV/JSON format
• No refund for prepaid subscription periods, unless termination is caused by ClaimCMR's breach

15. EU Data Act — Switching Rights

16. Changes to These Terms

ClaimCMR will provide at least 30 days' email notice to active customers before any material changes to these Terms take effect. Continued use of the Service after the effective date constitutes acceptance. If Customer does not accept the changes, they may terminate within the notice period without penalty under Section 14.

17. Governing Law and Dispute Resolution

18. Miscellaneous

• Severability: If any provision is found unenforceable, the remaining provisions remain in full force
• Waiver: Failure to enforce any provision is not a waiver of the right to enforce it in the future
• Entire Agreement: These Terms, the Privacy Policy, and the DPA constitute the entire agreement between the parties regarding the Service
• Force Majeure: ClaimCMR is not liable for failures caused by events beyond its reasonable control, including natural disasters, internet outages, third-party infrastructure failures, war, or government action
• Assignment: ClaimCMR may assign these Terms to a successor in business. Customer may not assign without ClaimCMR's prior written consent.
• No Partnership: These Terms do not create a partnership, joint venture, agency, or employment relationship between the parties