Terms & Conditions

1. Platform Description

Ikarus Way is a B2B logistics marketplace that connects freight shippers, transportation carriers, and freight forwarders (expeditors) across the Middle Corridor trade route, with operations spanning Kazakhstan, Russia, and international destinations.

The Platform enables:

• Publication and discovery of freight transportation orders
• Competitive bidding and quotation between carriers and shippers
• Real-time GPS tracking, cold-chain monitoring, and IoT device management
• Document management, invoicing, and payment processing
• Blockchain-based transaction recording for compliance and audit
• Subscription-based access to marketplace features

2. Eligibility & Account Registration

2.1 Eligibility

The Platform is available to legal entities (companies, partnerships, sole traders) and their authorised employees. By registering, you represent that:

• You are at least 18 years of age
• You have the authority to bind your company to these Terms
• Your company is legally registered and in good standing in its jurisdiction
• All information you provide during registration is accurate and complete

2.2 Company Verification

We verify company registration numbers (BIN/INN or equivalent) via official government APIs. Providing false registration information is grounds for immediate account termination and may constitute fraud under applicable law.

2.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately at [email protected] if you suspect unauthorised access.

2.4 Employee Accounts

Company administrators may create employee accounts with specific roles and permissions. The company account holder is responsible for all actions taken by its employees on the Platform.

3. User Roles & Obligations

3.1 Shippers (Clients)

As a Shipper, you agree to:

• Provide accurate, complete, and truthful cargo descriptions, including weight, dimensions, type, and any special requirements (hazardous materials, temperature-sensitive goods, oversized loads)
• Ensure all cargo complies with applicable transport regulations, import/export restrictions, and customs requirements
• Pay for accepted offers promptly in accordance with the agreed payment terms
• Provide accurate pick-up and delivery location details and access
• Verify deliveries using the OTP (one-time password) or QR code system provided by the Platform
• Not blacklist carriers without legitimate business reason

3.2 Carriers

As a Carrier, you agree to:

• Maintain valid licences, vehicle registrations, insurance, and all required certifications for the types of cargo you transport
• Ensure all drivers hold valid licences (8–20 character alphanumeric identifier verified at registration)
• Maintain IoT tracking devices in working order when assigned to active orders
• Adhere to agreed delivery timelines and communicate delays promptly
• Provide proof of delivery (POD) documents and complete delivery via the OTP/QR code verification system
• Maintain cold-chain temperature standards for refrigerated cargo and acknowledge that temperature excursions are recorded on the blockchain
• Keep vehicle maintenance records current and accurate
• Submit only genuine, competitive offers — bid manipulation or collusion is prohibited

3.3 Freight Forwarders (Expeditors)

As an Expeditor, you agree to:

• Act in good faith as intermediary between shippers and carriers
• Accurately represent shipper requirements when sub-contracting to carriers
• Accept full liability for orders you manage on behalf of shippers, including route splitting and multi-carrier coordination
• Comply with all carrier obligations (Section 3.2) when personally executing deliveries
• Disclose to shippers any sub-contracting arrangements that may affect service quality or liability

4. Order Lifecycle & Bidding

4.1 Order Publication

Shippers and Expeditors publish orders on the marketplace. Each order publication consumes one unit from your subscription's order publication limit. Published orders are visible to all eligible carriers unless specific companies are blacklisted by the publisher.

4.2 Bidding & Offer Acceptance

Carriers submit binding quotations (offers) for published orders. An offer includes price, currency, estimated delivery time, and any special conditions. Once a shipper accepts an offer:

• A binding transport contract is formed between the parties
• The transaction is recorded on the Prometeo Chain blockchain
• The carrier must assign a driver, vehicle, and IoT device to the order
• Withdrawal from an accepted offer without legitimate cause may result in account penalty or suspension

4.3 Route Splitting

Expeditors may split a single shipper order across multiple carriers. Each split creates a separate sub-order. The expeditor assumes full responsibility for coordinating all sub-orders and delivering the consolidated result to the shipper.

4.4 Order Verification

Delivery completion requires verification via:

• OTP (one-time password) sent to the authorised recipient, which the carrier must obtain and enter to mark delivery complete, or
• QR code scanning by the carrier at the delivery point

Falsification of delivery verification codes is a material breach of these Terms and may be reported to law enforcement.

5. Payments & Invoicing

5.1 Payment Processing

Payments are processed through Stripe or via agreed direct bank transfer, depending on the payment conditions set in the order. Payment terms (pre-payment, post-payment, on-delivery) are set per order and are binding once an offer is accepted.

5.2 Invoicing

Shippers generate invoices through the Platform. Carriers may accept or dispute an invoice within the period specified in the order's payment conditions. Disputes must be raised in writing via the Platform or to [email protected].

5.3 Platform Fees

Platform usage fees are governed by your active subscription plan. Subscription fees are billed in advance, non-refundable for consumed periods, and subject to change with 30 days' notice.

5.4 Late Payments

Late payment of platform subscription fees may result in suspension of your account and marketplace access. Late payment of carrier invoices is a matter between the contracting parties; Ikarus Way is not liable for payment disputes between users.

6. Subscription Plans & Limits

Access to the Platform's marketplace features is governed by subscription tiers. Each plan defines:

• Order publication limit — maximum orders you may publish per billing period
• Priority boost limit — number of times you may promote an order to the top of listings
• Active research limit — number of simultaneous searches or saved searches
• Document limit per order — maximum file attachments per order

Unused limits do not roll over to the next period. Exceeding plan limits requires an upgrade. Current plan details are available at ikarus_way_pricing_conversion_optimized.

7. Cold Chain & Special Cargo

For temperature-sensitive shipments (pharmaceutical, food, chemical), carriers must:

• Hold valid refrigerated transport certifications (ATP or equivalent)
• Maintain the temperature range specified in the order's cargo conditions throughout transit
• Ensure IoT temperature sensors are active, calibrated, and transmitting throughout the journey

Shippers are responsible for declaring correct temperature requirements. Incorrect specifications that result in improper handling are the shipper's liability.

8. Blockchain Transactions

Transaction records are publicly verifiable at ledger.prometeochain.io. They contain transaction hashes and smart contract codes — not personal data such as names or contact details.

9. Prohibited Activities

The following are strictly prohibited on the Platform:

• Submitting false, misleading, or fraudulent information in orders, offers, or company profiles
• Transporting goods that are illegal under applicable law (controlled substances, prohibited weapons, sanctioned goods)
• Bid manipulation, price fixing, or collusion with other users
• Creating multiple accounts to circumvent subscription limits or blacklists
• Attempting to reverse-engineer, scrape, or access the Platform's API without authorisation
• Interfering with IoT device data or GPS coordinates for any order
• Harassing, threatening, or defaming other Platform users
• Using the Platform to violate any applicable sanctions, export controls, or trade restrictions
• Sharing login credentials with unauthorised individuals

Violation of any prohibition may result in immediate account suspension, permanent ban, and referral to law enforcement authorities.

10. Intellectual Property

All Platform content, software, design, trademarks, and technology are the exclusive property of Prometeo Chain Systemkz Ltd or its licensors. You are granted a limited, non-exclusive, non-transferable licence to use the Platform for your internal business purposes only.

You retain ownership of data you submit to the Platform (cargo descriptions, company information, documents). By submitting this data, you grant us a worldwide licence to process and store it for the purpose of providing the Service.

You may not copy, reproduce, distribute, or create derivative works from any part of the Platform without our prior written consent.

11. Limitation of Liability

11.1 No Liability for Transport Contracts

We are not liable for:

• Loss, damage, or delay of cargo during transit
• Carrier insolvency, non-performance, or breach of a transport contract
• Disputes between users regarding payment, cargo condition, or delivery
• Temperature excursions caused by carrier equipment failure

11.2 Platform Liability Cap

To the maximum extent permitted by law, our total liability to you for any claim arising from or relating to the Platform is limited to the amount you paid us in subscription fees in the 3 months preceding the claim.

11.3 Exclusion of Consequential Damages

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, business interruption, or reputational harm, even if we have been advised of the possibility of such damages.

11.4 Force Majeure

Neither party is liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, war, government actions, cyberattacks, telecommunications failures, or blockchain network outages.

12. Indemnification

You agree to indemnify, defend, and hold harmless Prometeo Chain Systemkz Ltd, its officers, directors, employees, and agents from any claims, damages, losses, penalties, and legal fees arising from:

• Your breach of these Terms
• Your violation of any applicable law or regulation
• Any dispute between you and another Platform user
• False or misleading information you provided on the Platform
• Cargo that causes damage to third parties, infrastructure, or the environment

13. Suspension & Termination

13.1 Termination by You

You may close your account at any time by contacting [email protected]. Closing your account does not entitle you to a refund of unused subscription fees. You remain liable for all obligations under active orders at the time of termination.

13.2 Termination by Us

We may suspend or terminate your account immediately and without notice if:

• You breach these Terms in a material way
• We have reason to believe your account is being used fraudulently
• Required to do so by applicable law or regulatory authority
• Your company's registration is revoked or suspended

13.3 Effect of Termination

Upon termination, your access to the Platform ceases. Data retention obligations described in our Privacy Policy continue to apply. Blockchain records relating to your transactions remain permanently on the ledger.

14. Governing Law & Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kazakhstan, without regard to conflict of law provisions.

14.2 Dispute Resolution

In the event of a dispute arising out of or relating to these Terms or the Platform:

1. Negotiation: Parties will attempt to resolve disputes informally by contacting [email protected] within 30 days of the dispute arising.
2. Arbitration: If not resolved informally, disputes shall be submitted to binding arbitration administered under the rules of the International Arbitration Centre of Almaty (KIAC) in Almaty, Kazakhstan.
3. Courts: Either party may seek urgent injunctive or equitable relief from the competent courts of Almaty, Kazakhstan.

Users in the European Union retain the right to bring claims before the courts of their country of residence and may access the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

15. Changes to These Terms

We may update these Terms from time to time. We will provide at least 30 days' notice before material changes take effect, via email to your registered address and a prominent notice on the Platform. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

For non-material changes (e.g., corrections, clarifications), we may update without notice and will update the "Last updated" date at the top of this page.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable subscription agreement, constitute the entire agreement between you and Ikarus Way regarding the Platform.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Language: These Terms are provided in English. In the event of conflict with any translation, the English version prevails.