Terms of Service

By accessing or using Dispatchly, you agree to be bound by these Terms of Service. If you do not agree, please do not use the service.

These terms are an agreement between you and Foutje, trading as Dispatchly, a sole proprietorship (eenmanszaak) of Sem Ashby, registered with the Netherlands Chamber of Commerce (KvK) under number 89649540 and established in Balgoij, the Netherlands ("Dispatchly", "we").

Dispatchly is offered to businesses only. By using it, you confirm that you act in the course of a trade, business or profession, and not as a consumer.

If you have signed a separate written agreement with us, such as a master services agreement, that agreement prevails where it conflicts with these terms.

When you start an integration trial, you choose a plan and a billing interval and add a payment method. Nothing is charged when the trial starts. One trial is available per organization.

The trial consists of 7 business days (Monday to Friday) to connect your carriers, followed by one calendar month of the chosen plan free of charge, up to that plan's monthly parcel volume (100,000 parcels for Enterprise). The exact dates are shown before you add your payment method and confirmed by email.

If you do not cancel, your subscription starts when the trial ends: the first billing period of the chosen plan is charged to your payment method, and the plan's one-time setup fee is waived.

If you cancel before the trial ends, your access continues until the trial ends. At that point the plan's one-time setup fee is charged to your payment method instead of any subscription charge: 249 for Growth, 999 for Scale or 2,499 for Enterprise, in the currency of your plan. The setup fee covers the integration work during the trial and is charged whether or not your integration was completed.

We email you 7, 3 and 1 days before the trial ends. You can cancel or change your plan from your dashboard at any time during the trial.

6.1 The service. We provide Dispatchly as it is and as it is available. We work to keep it running and accurate, but we do not guarantee that it is uninterrupted or error-free, that it detects every carrier failure, that a carrier will approve any claim, or that any amount will be recovered. Dispatchly is software: we do not carry parcels, and nothing in the service is legal advice. Service levels and service credits apply only where a separate written agreement sets them out, and those credits are then the only remedy for the service being unavailable.

6.2 What we are not liable for. We are not liable for:

• indirect or consequential loss, including lost profit, lost revenue, lost savings, loss of goodwill and business interruption;
• loss or corruption of data, beyond restoring it from our backups where that is possible;
• decisions made by carriers, including whether a claim is approved or rejected and for what amount, and changes to carriers' own terms, deadlines or systems;
• a claim that is filed late or rejected because data, credentials or access that you were responsible for were missing, wrong or provided too late;
• interruptions or errors caused by carriers, platforms or other third parties whose systems the service connects to.

6.3 Maximum amount. Our total liability for all claims together, whether in contract, tort or otherwise, is limited to the fees you paid us for the service in the 12 months before the event that gave rise to the first claim. During an integration trial, that is the amount you have paid us, if any.

6.4 Notice and time limit. Before we are liable for a failure to perform, you must notify us of it in writing, describe it as precisely as you can, and give us a reasonable period to put it right. A claim lapses unless you notify us of it in writing within 12 months after you became aware, or could reasonably have become aware, of the event that gave rise to it.

6.5 Circumstances beyond our control. We are not liable for a failure caused by circumstances beyond our reasonable control, including outages of or changes at carriers, platforms, hosting providers and other suppliers, failures of the internet or the power supply, cyberattacks despite reasonable security measures, and government measures.

6.6 What this section does not limit. Nothing in these terms limits or excludes liability for intent or deliberate recklessness (opzet of bewuste roekeloosheid), liability to individuals under Article 82 of the GDPR, or any other liability that cannot be limited or excluded under applicable law. The limits in this section also apply to anyone we engage to provide the service, and they govern liability under our Data Processing Agreement, which refers to these terms.