MV Driver Applications Terms & Conditions
1.Contractual Relationships
These Terms of Use (“Terms”) govern the access or use by the carrier, an individual or entity, of the applications (including mobile applications), websites, content, products, and services (collectively, the “Services”) made available by MYVAGON SA and its subsidiaries and affiliates (collectively, “MYVAGON” or “MV”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING THE SERVICES. In these Terms, the words “including” and “include” mean “including, but not limited to”.
The carrier’s access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between the carrier and MV. These Terms supersede any other agreements with respect to the subject matter of these Terms, except that with respect to any shipper or motor carrier agreement between the carrier (as applicable) and MV, such agreement shall not be superseded by these Terms, and to the extent that such other agreement is inconsistent with these Terms, such other agreement will govern. MV may, at any time for any reason, without notice to the carrier, cease offering the carrier access to the Services or any portion thereof or deny the carrier access to the Services or any portion thereof.
The carrier agrees to maintain all its login credentials to access or use the Services in confidence and only permit its authorized users to access or use the Services. The carrier is responsible for all activity that occurs under its login credentials.
MV may amend these Terms from time to time. Amendments will be notified to the carrier via email or the platform directly. The carrier’s continued access or use of the Services after such posting constitutes its consent to be bound by the Terms, as amended.
Please refer to the MV Privacy Notice located here for information about our collection and use of personal information in connection with the Services.
2.User Registration & Requirements
To become a registered carrier on the MV platform, companies must create an account providing the following details:
MV reserves the right to request additional documentation at any time to confirm the shipper's identity, legal or financial status. Failure to provide such information may result in suspension or termination of the account.
Requirements: As an active carrier on the platform, the company must adhere to specific requirements set forth by MV, including maintaining valid transportation licenses and ensuring adherence to Greek and EU safety standards.
3.Services and Responsibilities
MV provides a digital marketplace aiming to connect shippers, creators of goods or product loads, with transporters or carriers. Our goal is to facilitate carriers with consistent work opportunities by granting access to shipper loads from across the market. The service is rendered in exchange of a monthly subscription fee depending on the plan chosen by the Carrier, as well as a commission fee per completed Load defined by MV.
Carriers, in turn, commit to:
Any deviation from Carrier responsibilities in the usage of MV’s platforms may result in deactivation of all features, revoked access to the platform, penalties, legal pursuit and other forms of compensation.
4.Posting and Bidding of Loads & Trucks
Carriers may utilize the MV platform to post available trucks for specific routes, indicating the scheduled availability time and specifying preferences and characteristics for the trip. These postings will be visible to Shippers, who may then bid to secure the posted truck by offering a load to carry. Carriers can then accept or reject such load offers on their posted trucks, and upon acceptance, the loading order will automatically be scheduled on both ends. Compensation to the carrier will be in accordance with the agreed price for the load, which also serves as the basis for calculating the commission fee owed to the platform.
Furthermore, carriers may bid on loads posted by Shippers. Depending on their plan, carriers may either bid a price for handling the posted shipment or indicate interest to handle the load, if they do not have access to the public market feature. The Shipper has sole discretion in accepting carrier bids, and once accepted, the load becomes scheduled for both parties.
The carrier may also receive Request privately from shippers in their network (“Partners”), in which case they can indicate their interest to carry the proposed shipper load, or decline it. If they accept, the load will become scheduled on both ends; if they reject, they may specify the reason, and the feedback will be provided to the shipper.
Any cancellation of a scheduled load by the carrier is subject to penalties as outlined in the section "Penalties for Cancellation of Scheduled Loads."
Carriers are expected to act in good faith and in compliance with all relevant regulations and the terms of the MV platform.
5.Subscription and Billing
a.Plans, Subscription and Commission Fees
Carriers may choose from several subscription plans, including and not limited to Free, Premium, or Custom Plans. Depending on the selected plan, carriers might be subject to a subscription fee billed either monthly or yearly, based on the selected features and add-ons.
Carriers will also incur a commission on every successfully completed load via the platform.
Commission fees and subscription payments vary depending on the subscription plan chosen by the account holder and the billing cycle (monthly or yearly). These details will be communicated directly to the account holder through a Subscription and Commission Annex, which forms part of the overall service agreement. To use the MYVAGON platform, the account holder must read and agree with the Subscription and Commission Annex.
b.Payment Term & Mode
All invoiced amounts are due within 30 days of billing. Late payments will attract a penalty interest of 12% per annum (based on the ECB rate as of 1 July 2023), calculated daily. Failure to settle bills within the 30 day window may result in the suspension of premium features, relegating the carrier to the most basic free plan, or in an account lock preventing any licensed account holder from accessing the platform.
c.Subscription and Add-On Feature Payment
MYVAGON operates as a prepaid platform for all feature activation and subscription enrollments, with the exception of commission fees on completed loads. When a new account is created, if the user selects a premium tier plan (such as Plus or Pro), they must pay the membership fee upfront to activate the plan. Subsequently, the user will be invoiced for the next cycle 30 days before payment for the next cycle is due.
d.Commission Fees Payment
Commission fees accrued from platform usage are invoiced at the end of each month.
e.Upgrading and Purchasing Add-Ons
If a user wishes to upgrade to a higher-tier plan or purchase an add-on feature (excluding "consumable" features like bids or posted availabilities for instance) in the middle of a billing cycle, they will be redirected to a payment page. The amount to be paid will be prorated based on the billing cycle selected (monthly or yearly), calculated according to the remaining days in the cycle. Once the next billing cycle begins, the full amount for the add-on will be automatically added to the corresponding invoice alongside the regular plan charges.
f.Downgrading and Unsubscribing from Features
Users may unsubscribe from recurring features or downgrade to a lower-tier plan at any time during their billing cycle. The features associated with the higher-tier plan or add-on feature will remain available until the end of the current billing cycle, which the user already paid for. Afterward, the user will not be charged for these features or the higher-tier plan, and access to the associated benefits will be revoked. There will be no prorated refunds for the period following the cancelation in the middle of a billing cycle until its end.
6.Referral and Incentivization Programs
MV may offer referral bonuses or incentivization programs to carriers at its sole discretion. The conditions of the referral and incentivization program will be clearly communicated to the carrier user upon their adherence to it. If successful, the carrier will receive a reward, which will most often take the form of funds.
These funds will appear as credit on the carrier's account within the MV platform. Carriers may have a specific time window within which they can opt to cash out this credited amount and receive it through a bank transfer. The amount will be payable by MV within 90 days, starting from the date on which the carrier clicks the cash out option, subject to the fulfillment of the conditions required to unlock the reward (such as the referred party completing specified actions or the carrier completing a required number of trips).
Participation in referral and incentivization programs requires carriers to supply their bank account information (IBAN). Failure to provide this information will prevent carriers from cashing out the credited amounts on their account balance from these activities. In such cases, the credited amounts will remain as credit and may be deducted from future amounts owed to MV for platform usage.
7.Liability & Insurance
a.For Transported Goods
MV serves solely as a platform to connect shippers and carriers, facilitating the exchange of information and visibility of the marketplace for transportation of goods from both sides.
Carriers shall indemnify and hold MV harmless from any claims, damages, or losses arising from their operations. MV's total liability is limited to the total fees the carrier has paid to the platform in the previous twelve months. Carriers must maintain adequate insurance coverage, as defined by Greek and EU regulations, for all their operations and potential liabilities.
MV explicitly disclaims all liability related to physical operations, including but not limited to loading, transportation, and unloading. Further, MV is not responsible for any disputes that may arise between the carrier and shippers concerning a shipment or load that was matched on our platform. Any incidents or issues in the transportation operations spectrum that arise out of a connection made via our platform are solely the responsibility of the involved parties, namely the Carrier and the Shipper.
Any misinformation provided by either party that may cause delays or other inconveniences is outside the scope of MV's responsibility, as MV simply facilitates information and live updates regarding the trip, either automatically generated or initiated by carrier or shipper actions on the platform. MV does not guarantee the validity of any shipment or ensure that it will be free from loss or damage.
b.For Pricing, Transaction & Agreeements
MYVAGON serves as a digital marketplace that facilitates the connection between carriers and shippers but does not regulate or enforce pricing for transport services. Carriers independently negotiate and agree on pricing with shippers, and MYVAGON assumes no responsibility for the financial or contractual obligations arising from these agreements.
Carriers acknowledge that MYVAGON does not guarantee payments for services rendered through the platform and is not liable for disputes, unpaid invoices, or any other conflicts between carriers and shippers. MYVAGON solely facilitates the matching of loads and applies its commission based on the agreed price, as per the carrier’s selected subscription plan.
Additionally, MYVAGON does not offer direct transaction services between carriers and shippers. Any financial transactions, including payments, refunds, and penalties, must be settled directly between the parties involved. MYVAGON will only apply penalties related to cancellations or missed services as outlined in the applicable terms but will not intervene in disputes concerning pricing, contract performance, or service quality.
By using the MYVAGON platform, the carrier acknowledges that all agreements made through the platform are independent transactions between themselves and the shipper, and MYVAGON has no involvement beyond providing the platform as a means of connection.
8.Data Privacy & Security
All data created on the platform will remain the property of MV. While personal information from individual accounts will be treated with the utmost confidentiality and in compliance with GDPR, MV retains the right to aggregate, analyze, and commercialize non-personal data. This may include but is not limited to, the type, quantity, and frequency of shipments, providing us with insights into market trends and allowing for broader Business Intelligence applications. For a more detailed view of our data practices, refer to our comprehensive Privacy Policy (here).
9.Compliance with Laws & Regulations
Carriers must adhere to all applicable Greek and EU laws, particularly those pertaining to the transportation and handling of goods facilitated by our platform. This includes, but is not limited to, transportation safety standards, environmental considerations, and the ethical handling of shipments.
10.Dispute Resolution
Any disputes arising between MV and carriers or between carriers and other parties on the platform will initially seek a resolution through negotiation and dialogue. If unresolved, disputes shall be submitted to arbitration in Athens, Greece, in accordance with the rules of the Athens Chamber of Commerce. The arbitration's decision shall be final and binding. The arbitration process shall be conducted in the English language. Both parties shall bear their own costs unless otherwise determined by the arbitral tribunal.
11.Penalties for Cancellation of Scheduled Loads
MV acknowledges that changes in scheduling may occasionally necessitate the cancellation of a scheduled load. However, to maintain trust and reliability within our platform, the following cancellation policy will apply to all carrier companies:
This policy is designed to encourage timely communication and planning between Carriers and Shippers and to compensate Shippers for potential inconveniences and rescheduling caused by late cancellations. By continuing to use our platform, Carriers agree to these cancellation terms and the associated penalties.
12.Location Services
The carrier platform, including driver applications, requires location services to be continually activated for the effective functioning of the application. Location services enable the precise scheduling and management of shipments, and any deactivation of these services will impede the ability to schedule or maintain shipments with that driver. If a driver is scheduled for a trip and subsequently deactivates location services, the driver will be automatically removed from that shipment. Furthermore, if location services are not always active on the driver app, the app will cease to function properly, and the user will only see a message instructing them to activate location services if they wish to use the app. Penalties or consequences as outlined in other sections of these terms and conditions may also apply. Carriers and drivers must understand and agree that the consistent activation of location services is vital for the proper execution of services on the MV platform and that failure to comply with this requirement may lead to the cancellation of services, penalties, or suspension from the platform. It is the responsibility of the carrier and driver to ensure compliance with this requirement, acknowledging that location services are an integral part of the functionality and integrity of the MV platform.
13.License, Restriction, Ownership
License
Subject to the carrier’s compliance with these Terms, MV grants the carrier a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services. Any rights not expressly granted herein are reserved by MV (and its affiliates, as applicable) and MV’s licensors.
Restrictions
The carrier may not, and may not authorize others to: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, str eam, broadcast or otherwise exploit the Services except as expressly permitted by MV; (iii) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of the Services, except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks.
Ownership
The Services and all rights therein are and shall remain MV’s property or the property of MV’s licensors. Neither these Terms nor the carrier’s use of the Services convey or grant to the carrier any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner MV’s company names, logos, product and service names, trademarks or services marks or those of MV’s licensors.
14.Authority to Bind
By registering and accepting these Terms, the user represents and warrants that they are duly authorized to act on behalf of the legal entity they represent and to bind such entity to these Terms. MYVAGON shall not be liable for any consequences resulting from a user’s lack of such authority.