Trakerr Technologies

User Terms and Conditions

May 2025

Contractual Relationship

These Terms of Use (“Terms”) govern your access to and use of the services, content, applications, websites (collectively, the “Services”) and phone services provided by Trakerr Technologies, a company established in the Ethiopia. By accessing or using the Services, you agree to be bound by these Terms, forming a binding contract between you and Trakerr. This document is an electronic record in terms of Information Technology and does not require any physical or digital signatures. PLEASE ENSURE THAT YOU READ AND UNDERSTAND THESE ENTIRE USER TERMS BEFORE YOU USE THE SERVICES/APPLICATION. If you do not agree to these Terms, you must refrain from using the Services.

Trakerr reserves the right to modify or amend these Terms at any time. Amendments will take effect immediately upon posting. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

Definitions

Unless otherwise specified or implied by context, the following terms apply to this Agreement and to all services provided by Trakerr:

"Application": The official Trakerr mobile application, available for download by users, which enables customers to request, manages, and track freight transport and logistics services.
"Pickup Location": The location designated by the customer where freight is to be collected by a Trakerr-assigned truck or third-party transport partner.
"Drop-off Location": The location designated by the customer as the delivery destination for the transported freight.
"Customer" or "Service User": An individual, business, or organization that uses the Trakerr platform (via app, website, or phone) to request freight transport services. References to “you,” “your,” or “user” mean the customer.
"Trakerr": Trakerr is a private limited company incorporated under Ethiopian law, with its registered office in Addis Ababa. Trakerr operates a digital freight logistics platform that connects customers with reliable transport providers. In this Agreement, “we,” “us,” or “our” refers to Trakerr.
"Platform": The technology system operated by Trakerr—including the mobile app, website, backend logistics tools, and customer service interface—which facilitates the ordering, tracking, and management of freight services.
"Order": A formal request made through the Trakerr platform (app, website, or phone) by a customer to transport goods from a pickup location to a drop-off location. Each order includes details such as cargo type, vehicle requirement, pickup time, and delivery instructions.
"Freight" or "Cargo": Goods, commodities, materials, or products that are transported from one location to another using vehicles arranged through Trakerr.
"Transportation Service": The physical movement of cargo by a registered third-party driver or transport partner using trucks or other freight vehicles, from a pickup location to a drop-off location.
2.10. "Driver" or "Transport Partner": An individual or company contracted by Trakerr to provide freight transportation services using approved vehicles. Drivers are independent contractors, not employees of Trakerr.
2.11. "Vehicle" or “Truck”: Any truck, trailer, or freight-carrying vehicle registered with Trakerr and used to fulfill transportation services. This includes light-duty, medium-duty, heavy-duty, specialized or water vehicles, as applicable.
2.12. "Fee": The total charge for freight services, calculated based on factors such as distance, cargo type, weight or volume, vehicle type, and any additional logistics services (e.g., loading/unloading, escort services).
2.13. “Additional Fee” refers to any tolls, duties, taxes, or other charges not included in the Fare or Total Service Fee, but which must be paid to third parties or government authorities in accordance with Applicable Laws during the course of providing the transportation or logistics service.
2.14.“Applicable Laws” means all relevant and enforceable laws, regulations, statutes, rules, orders, guidelines, and directives issued by any governmental or regulatory authority that govern the provision of logistics and transportation services.
2.15. "Personal Information": Any information that can identify an individual or business representative, including names, phone numbers, ID numbers, business registration details, or GPS location data.
2.16. "Proof of Delivery (POD)": A document or digital confirmation—such as a signature, photograph, stamp, or electronic code—that confirms successful delivery of cargo at the drop-off location.
2.17. "Intellectual Property Rights": All intellectual property belonging to Trakerr, including software, trademarks, branding, content, systems, and any proprietary tools used in the delivery of logistics services.
The Services

Trakerr operates a platform that connects users with independent third-party service providers for various logistics and transportation services. Through the Trakerr platform (available via mobile apps, websites and phones), users can schedule and arrange services such as goods transportation and logistics coordination services. All services are provided by third-party contractors (referred to as “Third Party Providers”) who are not employed by Trakerr. Trakerr is not a provider of transportation or logistics services but instead facilitates access to these services via the platform.

You acknowledge that Trakerr does not directly provide logistics, freight, or transportation services, nor does it operate as the carrier. All such services are provided by independent third-party contractors, not employees of Trakerr. Trakerr verifies the identity and performance standards of these contractors, but the services themselves are the sole responsibility of the Third Party Providers.

Arrangement of Transportation Services
4.1.User Requests: The User may, from time to time, submit requests through the Application or other means of communication for the transportation of their goods. Such requests will specify:

The number and type of truck(s) required;
The date and time when the truck(s) are needed;
The pickup location and destination for the goods;
Whether consignment insurance is required. If insurance is requested, the User will also provide the value of the goods to be transported. You acknowledge that Trakerr does not directly provide insurance services and is not an insurance provider or underwriter. All insurance-related services available through the platform are facilitated by independent third-party providers, who are not employees or agents of Trakerr. Before proceeding with any insurance-related arrangements, you must confirm whether your goods are insured by contacting our office via email or phone. Insurance coverage is not automatically included and must be verified in advance.

4.2.Quotations: Upon receiving such a request, Trakerr will provide the User with a quotation for the desired transportation within a reasonable time frame. This quotation will be sent via email or SMS message and will include the price for the requested transportation services along with any additional terms (if applicable). The User can either confirm or reject the quotation by replying to Trakerr.
4.3.Third-Party Services: The user acknowledges that Trakerr does not directly provide transportation services. Instead, the services outlined in the quotation will be executed by a third-party logistics company. By accepting the quotation, a binding agreement for the services is formed between the User and the respective logistics company, based on the terms outlined by Trakerr in the quotation, including these Terms and Conditions, and/or any additional terms the logistics company may apply.
4.4.You are aware that when requesting Services, whether by message, via Site or calling the call center of Trakerr, standard messaging charges, data charges, voice charges, as applicable, of Your and Our phone network service providers, will apply.
4.5.Takerr will be entitled to process and transfer your information as and when it deems fit and it may store.
4.6.Truck Breakdown and Substitute Arrangements: In the event of a truck breakdown that is beyond immediate repair and occurs before the completion of your delivery, Trakerr may, on a best-effort basis and at its sole discretion, attempt to arrange a substitute truck to complete the delivery to your intended destination. The arrangement of a substitute truck is subject to availability. You acknowledge and agree that any substitute truck provided may not necessarily be of the same type, size, or specifications as the original truck booked through the platform. Trakerr bears no responsibility and liability for delays and losses suffered by you or caused to you as a consequence of the breakdown of the Truck.
4.7.Any issues must be reported within 7 (seven) days from the occurrence. Issues reported after this period will not be addressed.
4.8.Any issues reported through channels other than the official email may be addressed by Trakerr only on a best-effort basis. Trakerr is not liable for any failure to respond through alternative communication channels.
4.9.Trakerr will strive to acknowledge your issue within 3 (three) working days of receiving your report and will work to resolve it as soon as possible. Issues will be addressed based on their severity, and some may be resolved faster than others. However, Trakerr is not liable for any damages or dissatisfaction resulting from the resolution process.
License to Use the Services

Subject to your compliance with these Terms, Trakerr grants you a limited, non-exclusive, non-transferable, revocable license to use the Services. This includes access to the platform and the content provided, solely for personal, non-commercial purposes. Any other use of the Services, including modifying, distributing, or creating derivative works, is strictly prohibited unless expressly authorized by Trakerr.

Restrictions on Use

You agree not to:

Remove or alter any copyright, trademark, or proprietary notices in connection with the Services.
Reproduce, modify, or distribute any portion of the Services unless explicitly allowed by Trakerr.
Use the Services for any unlawful or unauthorized purpose.
Create internet "links" to the Service, or "frame" or "mirror" any part of the Site on any other server, wireless, or internet-based device.
Send or store material containing viruses, worms, Trojan horses, or other harmful computer code, files, or programs or that violates third-party privacy rights
Reverse engineer or access the Site for the purpose of:
Designing or building a competitive product or service,
Designing or building a product using similar ideas, features, functions, or graphics of the Service or Site,
Copying, reproducing, recording, or making public any ideas, features, functions, or graphics of the Service or Site.
Launch automated programs or scripts, including but not limited to web spiders, web crawlers, web robots, bots, viruses, or worms, or any program that makes multiple server requests per second, or otherwise unduly burdens the operation and/or performance of the Service or Site.
Use the platform to contact Third-Party service Providers directly or to arrange for services outside of the platform.
Attempt to gain unauthorized access to the Services or related systems.
6.10.Use an account that is subject to any rights of a person other than You without appropriate authorization.
6.11.Using the Trakerr Platform to commit any crime—such as transporting drugs, money laundering, committing drug or human trafficking, or to violate any other law or regulation is strictly prohibited.

Trakerr reserves the right to investigate and prosecute violations of these User Terms to the fullest extent of the law. This may include involving and cooperating with law enforcement authorities to prosecute users who violate these terms. You acknowledge that Trakerr has no obligation to monitor your access to or use of the Site, Service, or Posted Content, but reserves the right to do so to operate the Site and Service, ensure your compliance with these User Terms, or comply with applicable laws or court orders. Trakerr may, at any time and without prior notice, remove or disable access to any content that it considers, at its sole discretion, to be in violation of these User Terms or harmful to the Site, Service, or Application.

Third-Party Content and Services

By using the Trakerr platform, you acknowledge and agree that some services or content may be provided by third parties that operate independently of Trakerr and are beyond Trakerr’s control. Trakerr does not assume responsibility for any third-party services or content accessed through the platform. When engaging with such services, you are subject to the terms and conditions of the respective third-party providers.

You further agree and authorize Trakerr to share your information and/or permitted data with these third-party providers as necessary to facilitate the delivery of certain value-added services, either offered by them or by Trakerr. By using the platform, you expressly consent to receive communications from Trakerr and/or its third-party partners via your registered phone number, email address, or through the platform. Such communications shall not be considered spam, unsolicited messages, or violations of your preferences under any national do-not-call registry. You also agree that Trakerr will not be held liable for any communications or services rendered by these third parties.

Ownership and Rights

All intellectual property rights associated with the Site, Application, product or Services, including trademarks, logos, and content, are owned by Trakerr or its licensors. Your use of the Services does not grant you any ownership rights to the platform or its content. Third-party trademarks may appear on the Site/Application, and all rights to those trademarks are reserved to their respective registered owners. For the use of any third party's intellectual property, you must obtain direct permission from the owner of the intellectual property for any use.

User Accounts

To access certain features of the Services, you must create and maintain an active user account. You agree to provide accurate, current, and complete information during the registration process, including your name, email address, payment method, and other required details. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Failure to maintain accurate account information may result in restrictions on your use of the Services.

By creating an account, you agree to receive informational text (SMS) messages related to your use of the services. You can opt out of receiving SMS messages at any time by emailing contact@trakerr.com with your request and the phone number associated with your account. Please note that opting out of SMS messages may affect your ability to use certain features of the services

Network Access and Devices

You are responsible for obtaining the necessary data network access to use the Services. Your mobile network’s data and messaging rates may apply when using the Services on a wireless-enabled device, and you will be responsible for any associated fees. Additionally, you are responsible for acquiring and maintaining the compatible hardware or devices required to access and use the Services, including any updates. Trakerr does not guarantee that the Services will function on any specific hardware or device. Services may be subject to malfunctions or delays inherent in internet and electronic communications.

Payment & Charges

Using the Services will result in charges for the services or goods received from a Third-Party Provider ("Charges"). Trakerr will facilitate payment on behalf of the Third-Party Provider as a limited payment collection agent. Payment through Trakerr is considered as if made directly to the Third-Party Provider. Charges will include applicable taxes and are final and non-refundable, unless otherwise stated by Trakerr.

Trakerr accepts payments via Visa, MasterCard (in ETB), and cash directly to Third-Party Providers. All Charges are due immediately, and payment will be processed using the preferred method designated in your account. If your primary payment method is invalid, Trakerr may charge a secondary payment method if available.

Cancellation & Refunds

You may cancel your service request before the Third-Party Provider’s arrival, but a cancellation fee may apply. Fees vary depending on the cancellation timing. Refunds will be processed through the original payment method.

Gratuities to Third-Party Providers are voluntary and not included in the service fees. Trakerr does not designate a portion of your payment as a tip or gratuity, though you may choose to provide one.

Use of the Services

You must be at least 18 years of age, or the age of majority in your jurisdiction, to create an account and use the Services. You agree to comply with all applicable laws while using the platform, and you are solely responsible for ensuring that your actions do not violate any legal or regulatory requirements. You may only use the Services for lawful purposes and must refrain from causing any inconvenience, nuisance, or damage to other users or third-party providers.

User Obligations

As a user of the Services, you are responsible for ensuring that necessary permissions and approvals are in place for services such as transportation or logistics. This includes obtaining necessary clearances from regulatory authorities, and other relevant entities. You must also ensure that loading and unloading conditions are suitable, including having appropriate equipment available at the pick-up and drop-off locations.

Promotional Codes and Discounts

Trakerr may offer promotional codes (“Promo Codes”) for discounted services or credits. Promo Codes must be used in accordance with the specific terms provided and may not be transferred, sold, or duplicated. Trakerr reserves the right to revoke or disable Promo Codes at its discretion and may not be liable for any loss incurred if a Promo Code is invalid or expires.

User-Provided Content

Trakerr may allow you to submit content to the platform, including feedback, reviews, or suggestions (“User Content”). By submitting User Content, you grant Trakerr a worldwide, royalty-free license to use, modify, and distribute such content for promotional and business purposes. You represent and warrant that you own or have the rights to all User Content and that it does not infringe on the intellectual property or privacy rights of third parties.

Privacy and Data Protection

Trakerr values your privacy and is committed to protecting your personal information. Our collection and use of your data are governed by the Privacy Policy available on the Trakerr website, which can be accessed at www.trakerr.com. By using the Services, you agree to the terms of our Privacy Policy, which outlines how your information is handled, stored, and shared. In the event of a dispute between you and a Third-Party Provider (such as a transportation network company driver), Trakerr may share relevant information, including your contact details, with a claims processor or insurer to help resolve the issue.

Limitation of Liability

To the fullest extent permitted by law, Trakerr’s liability for any claim arising out of or related to the Services is limited to the amount paid by you for the Services giving rise to the claim. Trakerr is not responsible for any indirect, incidental, or consequential damages arising out of your use or inability to use the Services.

Dispute Resolution between Customers and Drivers
Any dispute or claim between Customers and Drivers regarding the provision of services should first be attempted to be resolved amicably. If a resolution cannot be reached through mutual discussion, the dispute will be resolved in a court of competent jurisdiction in Addis Ababa, Ethiopia. Trakerr will cooperate fully and provide all necessary documentation as required by law or the relevant court.
Vehicle Damage and Costs: Customers will be responsible for any costs associated with damage, repair, or cleaning of the vehicle if such damage is caused by misuse of the service or a breach of the terms and conditions outlined in this Agreement.
Suspension and Termination
20.1.Termination by Customer: These Terms remain in effect indefinitely. However, you may terminate your agreement with Trakerr at any time by uninstalling the Trakerr mobile application from your device, permanently deleting your account, or requesting account deactivation via customer support.
20.2. Suspension or Termination by Trakerr: You agree that Trakerr may, at its sole discretion and without notice, take any of the following actions:
Modify, suspend, limit, or discontinue the Trakerr application, platform, or any portion of it, making it temporarily or permanently unavailable for any reason;
Update, amend, or change the applicable terms and conditions at any time;
Temporarily or permanently discontinue the application or services for routine maintenance, error correction, or system updates.

Trakerr will not be liable for any compensation or damages arising from such actions, including but not limited to temporary service unavailability.

Governing Law

These Terms are governed by and construed in accordance with the laws of the Ethiopia, without regard to its conflict of law principles.

Disclaimers; Limitation of Liability; Indemnity
22.1. Disclaimer

The services are provided "as is" and "as available." Trakerr disclaims all representations and warranties, express, implied, or statutory that are not expressly set out in these terms. This includes but is not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Trakerr does not make any representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, nor does Trakerr guarantee that the services will be uninterrupted or error-free. The operation of the services may be affected by internet or telecommunications delays, technical malfunctions, or system failures that are beyond Trakerr's control, and Trakerr does not accept responsibility for such delays or issues.

Trakerr does not guarantee the quality, suitability, safety, or ability of third-party providers (including any drivers, vendors, or other contractors). You acknowledge and agree that any risk arising out of your use of the services, including but not limited to any transportation, logistics, or other services obtained through third-party providers, remains with you to the maximum extent permitted under applicable law. This applies even if Trakerr has been advised of the possibility of such damages, losses, or injuries.

Risks Associated with Transporting Goods in High-Risk or Conflict Areas

You acknowledge and understand that transporting goods in high-risk or conflict areas carries significant risks, including but not limited to:

Security Risks: Transporting goods through conflict zones exposes goods, vehicles, and personnel to the risk of theft, looting, hijacking, or attack from hostile forces. Political instability, military activity, and armed conflicts can lead to situations where goods or vehicles are damaged, destroyed, or delayed.
Damage to Goods: Goods transported in or near conflict zones may be subject to extreme conditions such as road damage, explosions, or other dangers, resulting in potential damage to the transported items.
Delays: Due to the unstable nature of conflict areas, transportation may face delays or detours due to closed roads, blocked routes, or security checkpoints. These delays may affect delivery times, the quality of service, and overall satisfaction with the services.
Legal and Regulatory Compliance: Transporting goods in conflict areas may involve navigating complex legal and regulatory frameworks, including sanctions, customs regulations, and military restrictions. Failure to comply with these regulations could result in legal penalties, seizures, or fines.
Liability for Losses or Damage: In some cases, goods may be lost or damaged during transit due to unforeseen circumstances, and the ability to recover such losses may be limited, particularly in areas with limited access to insurance or indemnity protections.

By using the services in such areas, you accept these risks and agree that Trakerr, its affiliates, and third-party providers shall not be liable for any damages, losses, or injuries arising out of the transportation of goods in high-risk or conflict areas.

Limitation of Liability

To the maximum extent permitted under applicable law, Trakerr shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages of any kind, including but not limited to lost profits, lost data, personal injury, property damage, or any other damages arising from or in connection with your use of the services, especially when transporting goods in conflict zones or other high-risk areas.

Trakerr shall not be liable for any damages, liability, or losses arising out of:

Your use of or reliance on the services: This includes any inability to access or use the services, delays in receiving services or goods, or issues related to the functionality of the platform.
Transactions with third-party providers: This includes any dispute or issue arising out of the relationship between you and any third-party provider, whether it concerns the quality of services rendered, payment disputes, or other issues. Trakerr is not a party to such transactions, and the parties involved (you and the third-party provider) are solely responsible for resolving any disputes.
External events or forces beyond Trakerr's control: These include, but are not limited to, natural disasters, network outages, equipment failures, strikes, acts of terrorism, military conflict, or other events beyond Trakerr's reasonable control that may disrupt the services, particularly in conflict or high-risk areas.

In no event shall Trakerr's total liability to you, whether in contract, tort, or otherwise, exceed ETB 5,000 (Five thousand Ethiopian Birr) for all claims, damages, losses, or causes of action arising out of or in connection with these terms and the use of the services.

Indemnity

You agree to indemnify, defend, and hold harmless Trakerr, its subsidiaries, affiliates, officers, directors, employees, contractors, agents, and third-party providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, losses, liabilities, damages, expenses, costs, including attorneys' fees, arising out of or in connection with:

Your use of the services: This includes any damage, loss, or injury sustained by you, a third party, or any property as a result of your use or misuse of the services or any services obtained through third-party providers.
Your breach of these terms: This includes, but is not limited to, your failure to comply with these terms, including misuse of the services, contacting third-party providers directly, or failure to pay for services rendered.
Your violation of any applicable laws: This includes any violations of local, national, or international laws or regulations in connection with your use of the services, especially in conflict or high-risk areas.
Claims by third parties arising out of your use of the services: This includes any disputes with third-party providers, other users, or any other person related to your use of the platform.
Trakerr's use of your user content: This includes any claims arising out of or related to the information, data, or content you provide to Trakerr through the platform, such as personal data, reviews, ratings, or other content.

In the event of such a claim, Trakerr will have the right, but not the obligation, to control the defense of the claim. You agree to cooperate with Trakerr in the defense of any such claim.

This indemnity clause is binding on you and your heirs, executors, administrators, or other legal representatives. It survives the termination or expiration of these terms.

Invalidity of One or More Provisions

The invalidity or unenforceability of any provision of these User Terms shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

Conflict

In the event of any contradiction or inconsistency between these User Terms and any other agreement executed between you and Trakerr, the terms of these User Terms shall prevail, unless a specific exception has been expressly agreed upon in writing, referencing the relevant clause being modified under these User Terms.

Dispute Resolution

These User Terms shall be governed by and construed in accordance with the laws of Ethiopia. Any dispute, claim, or controversy arising out of or relating to these User Terms—including their breach, termination, enforcement, interpretation, or validity, or the use of the Site, Service, or Application (collectively, “Disputes”)—shall first be attempted to be resolved amicably through good-faith negotiation and consultation at an office designated by Trakerr.

If such Dispute is not resolved within thirty (30) days of the initiation of negotiations, it shall be referred to binding and final arbitration in accordance with the applicable arbitration laws in force at the time. The arbitration shall be conducted by a sole arbitrator mutually agreed upon by you and Trakerr. Subject to the above, all Disputes shall fall under the exclusive jurisdiction of the courts located in Addis Ababa, Ethiopia.