Legal document

Terms of Use

LinX SaaS platform by LOXBOX Services

Legal information

Company name: SARL LOXBOX Services (Share capital: 5 600 TND)
Registered office: 03 Rue Kawakibi, 1002 Tunis, Tunisia
Tax ID: 1723102HAM000
RNE (National Business Register): B01165762021
Phone: +216 51 8000 40
Email: contact@loxbox.tn
Website: www.loxbox.fr / www.loxbox.tn
Social media: Facebook @LINX.by.LOXBOX

Preamble

These Terms of Use ("Terms of Service") govern access to and use of the "LinX" platform ("the Platform"), operated by LOXBOX Services. By accessing or using the Platform, you agree to be bound by these Terms.

⚠️ IMPORTANT: Activating an account, accessing or using the LinX platform (including through its mobile applications or dedicated subdomains) constitutes the user's full, complete and unreserved acceptance of these Terms. If you refuse all or part of these provisions, you must immediately stop using the platform.

Article 1: Definitions & User Profiles

These Terms apply to any natural or legal person accessing the software infrastructure, hereinafter "the User". The following terms are defined as follows:

  • Platform: The "LinX" SaaS software infrastructure (including its mobile applications, websites and associated subdomains) published and operated by LOXBOX Services.
  • User: Any natural or legal person accessing the Platform and/or using its Services, whether an administrator, a courier, an e-merchant or any other profile.
  • Services: All the technical features, logistics management tools, invoicing tools and applications provided by the Platform.
  • Third-Party Services: Services, applications, tools or APIs provided by external providers (hosting, SMS sending, electronic payment solutions, etc.) integrated or connected to the Platform.

The infrastructure distinguishes several User profiles, all subject without exception to these Terms:

  • Administrators: Staff designated by the Client to manage the workspace, access rights and configurations.
  • Carriers / Driver-Couriers: People in charge of the physical execution of deliveries.
  • Sorting Centres & Agents: Staff assigned to dispatching and processing parcels.
  • PUDO (Pick-Up and Drop-Off points): Partner shops or counters handling drop-off or pick-up.
  • Sales Agents and Managers: Profiles dedicated to customer relationship management.
  • Sender Clients (e-merchants): Professionals who generate the parcel flows.

1.2 Consent and Proof of Acceptance: Acceptance of these Terms is formalised and irrefutably proven by the server logs and access records kept by LOXBOX Services (including the connection IP address, the precise timestamp of creation or access, and the User's profile), constituting an agreement on digital proof of acceptance.

Article 2: Nature of the service

"LinX" is a SaaS (Software as a Service) solution for digitally managing a delivery company. Its features include, without this list being exhaustive, parcel flow management, real-time tracking of delivery rounds, assignment of driver-couriers, technical invoicing, sorting centre management, and analytical dashboards to steer logistics operations.

LOXBOX Services:

  • Does not act as a commercial intermediary between the delivery company and sellers or any other third party.
  • Is not a payment intermediary or a financial services provider.
  • Does not take part in transactions between the User and their customers.

Article 3: Purpose — LOXBOX's Technical Neutrality

The User expressly acknowledges that LOXBOX Services acts exclusively as a SaaS software publisher and technology provider.

3.1 Non-possession: LOXBOX Services is not a transport company, does not act as a freight forwarder and never takes physical possession of goods.

3.2 Absolute Financial Neutrality: LOXBOX Services does not collect, hold or manage any funds from cash-on-delivery (COD) deliveries. All financial flows (collection, payout, cash discrepancies) take place independently between the sender, the logistics network and the recipient.

Article 4: Complete independence of the user

The User carries out their business activity in a completely independent and autonomous manner. They are solely responsible for their pricing policy and for managing their customers, suppliers and business partners. LOXBOX Services exercises no control, supervision or interference over the User's operational or strategic choices.

Article 5: Account creation and management

The User undertakes to:

  • Provide accurate, complete and up-to-date information when registering.
  • Keep their login credentials and passwords confidential.
  • Accept full responsibility for any activity carried out through their account.
  • Notify LOXBOX Services immediately of any unauthorised use of their account.

LOXBOX Services cannot be held liable for unauthorised access to the User's account, in particular in the event of negligence in protecting their credentials.

Article 6: Proper use of the Platform

The User undertakes to use the Platform:

  • In accordance with the laws and regulations applicable in their country.
  • In accordance with these Terms of Use.
  • Without undermining the security, integrity or proper functioning of the Platform.
  • Without attempting to bypass security measures or access unauthorised features.

Any abusive, fraudulent use or use contrary to these Terms may result in immediate suspension or deletion of the account, without notice or compensation.

Article 7: Full responsibility of the user

The User is solely and entirely responsible for:

  • Their business activity and its legality.
  • The products and/or services they sell or offer.
  • The legal compliance of their activity (local and international).
  • Payments, deliveries and any dispute with their own customers.
  • Tax, customs and regulatory filings.
  • Relations with their customers, suppliers and partners.

LOXBOX Services takes part in no commercial transaction and at no time intervenes in the User's activities.

Article 8: Third-party services

The Platform allows the integration of third-party services (external APIs).

LOXBOX Services:

  • Does not control these third-party services and is not responsible for them.
  • Does not guarantee their availability, reliability or performance.
  • Is not responsible for their operation, errors or interruptions.
  • Is not a party to the contracts between the User and these providers.

Use of these third-party services is subject to their own terms of use and privacy policies. The User is responsible for reading and accepting these terms before any use.

Article 9: Financial terms

LOXBOX Services' services are offered on the basis of:

  • "Pay-as-you-go": applied on consumption per delivered parcel (rate available on the site loxbox.tn).
  • Subscription plans: (monthly, annual or other) (Growth pack, Cruise pack, Enterprise pack or other subscriptions offered by LOXBOX).
  • One-off payments for certain services or features.

The rates in force are displayed on the Platform and may be changed at any time. Any pricing change will be communicated to the User and will take effect at the next subscription renewal.

Any payment made is due and payable under the conditions accepted by the User at the time of subscription. Payments are not conditional on the User achieving any commercial result.

Article 10: Availability (SLA)

Availability target: 99.99%

However, LOXBOX Services does not guarantee uninterrupted service. This commitment excludes:

  • Cases of force majeure.
  • Outages linked to external providers (hosting, CDN, DNS).
  • Interruptions of integrated third-party services.
  • Malfunctions caused by misuse of the Platform.
  • Scheduled maintenance (notified in advance).
  • Technical incidents beyond the control of LOXBOX Services.

Article 11: Prohibited content

It is strictly forbidden to use the Platform to:

  • Sell counterfeit products or products that infringe third-party intellectual property.
  • Deliver or take part in the delivery of counterfeit products or products that infringe third-party intellectual property.
  • Offer illegal products or services.
  • Commit or facilitate acts of fraud.
  • Publish misleading or defamatory content, or content that undermines public order.
  • Collect personal data unlawfully.

Applicable penalties:

  • Immediate suspension of the account without notice.
  • Restriction of access to the account and all associated data.
  • Report to the competent authorities.
  • Legal proceedings where appropriate.

Article 12: Tax Transparency and Separation

12.1. Independent Tax Obligations: Each professional User is solely and exclusively responsible for complying with their tax obligations in force in the Republic of Tunisia. The calculation, declaration and payment of any tax, duty or withholding (in particular the applicable 3% withholding tax) fall exclusively and directly on the Users.

12.2. Notice of absence of automation: The absence, unavailability or lack of a calculation, accounting assistance or automation feature on the LinX interface shall in no way release the User from their legal obligations. The User may not hold LOXBOX Services liable for any breach of tax or administrative legislation.

12.3. Invoicing tools: The invoicing tools provided by the Platform are technical tools. They do not replace approved accounting software and do not guarantee tax compliance. The User must consult a chartered accountant to ensure compliance.

Article 13: Principle of Immutability and Archiving

13.1. Ban on Deletion: To guarantee system stability and to comply with Article 13 of the Tunisian Commercial Code, no data linked to real activity (delivery histories, parcel tracking, payment receipts, profiles) may be permanently deleted from the platform.

13.2. Archiving Mechanism: The User has the technical ability to perform application-level archiving actions to clean up their current operational view. However, this mechanism moves the data into a secure, unalterable historical storage space and in no case constitutes permanent erasure. The retention period for real data may be up to ten (10) years.

Article 14: Cooperation with Authorities

LOXBOX Services firmly condemns any unlawful activity or tax fraud. The User is expressly informed that LOXBOX Services will cooperate fully with the Tunisian administrative, tax, judicial or customs authorities.

14.1 Legal Investigation Rights: In the event of an official warrant or legal requisition, LOXBOX Services reserves the right to transmit any activity data, history or log, and to open, if required, temporary and supervised technical access to its IT instance to State officials, which the User accepts without reservation.

Article 15: Intellectual property

The LinX platform, its source code, algorithms, mobile applications, trademarks and graphic identity are the exclusive and inalienable property of SARL LOXBOX Services. Access to the platform grants only a temporary and revocable right of use.

15.1 Restrictions: Any attempt at reproduction, modification, database extraction or reverse engineering is strictly prohibited and will give rise to immediate criminal and civil proceedings.

Article 16: Suspension and Exclusion

LOXBOX Services reserves the discretionary right to suspend or permanently terminate, immediately and without notice, the access of any User to the platform:

  • In the event of a breach of these Terms or of IT security rules.
  • In the event of suspected tax fraud, scams, or use of the platform to trace illicit goods.
  • Upon direct requisition by the competent authorities or the General Tax Directorate.

Article 17: Termination

The User may request to terminate their account by sending a clear request email to contact@loxbox.tn. Termination takes effect at the end of the current subscription period.

No pro rata temporis refund will be made, unless expressly stated otherwise in a promotional offer.

LOXBOX Services reserves the right to unilaterally terminate a User's account in the event of a breach of these Terms, without notice or compensation.

Article 18: Force majeure

LOXBOX Services cannot be held liable for total or partial non-performance of its obligations if such non-performance is due to force majeure, including in particular:

  • Natural disasters, epidemics or pandemics
  • Major cyberattacks, DDoS attacks
  • Government decisions, embargoes or sanctions
  • Global internet or critical infrastructure outage
  • Armed conflicts, riots or civil unrest

Article 19: Changes to the terms

LOXBOX Services reserves the right to modify these Terms of Use at any time. Changes take effect upon publication on the Platform.

Continued use of the Platform after changes are published constitutes acceptance of the new Terms. In the event of a substantial change, users will be notified by email.

Article 20: API and usage limits

Access to LOXBOX Services' APIs is subject to the following conditions:

20.1 Request limits (Rate Limiting)

  • Per-minute/hour request limits may be applied depending on the subscribed plan
  • Exceeding the limits may result in temporary blocking of access
  • The limits are stated in the API documentation

20.2 Prohibited uses of the API

  • Abusive or unauthorised automation
  • Scraping, mass data extraction
  • Spam, mass sending of requests
  • Use for illegal activities
  • Unauthorised sharing of API keys

20.3 Responsibility

The User is responsible for the security of their API keys. LOXBOX Services reserves the right to revoke API access in the event of abuse, without notice.

Article 21: Account ownership and control

Account ownership is determined according to the following rules:

  • The account holder is the person or entity whose information was provided at registration
  • The email address associated with the account is the primary means of identifying the owner
  • If the account is created by a third party (agency, service provider), the owner is the person designated as holder in the account information

In the event of a dispute: LOXBOX Services reserves the right to request proof of identity and ownership. In the absence of clear evidence, the account remains assigned to the registered holder. LOXBOX Services cannot be held liable for disputes between a User and a third party regarding account ownership.

Transfer of account ownership may be requested in writing, subject to validation by LOXBOX Services and provision of the necessary supporting documents.

Article 22: Beta and experimental features

LOXBOX Services may offer Beta or experimental features. These features:

  • Are provided "as is", without any warranty of performance, stability or availability
  • May be modified, suspended or removed at any time without notice
  • May contain bugs, errors or malfunctions
  • Are not covered by any technical support commitment

The User uses Beta features at their own risk. LOXBOX Services disclaims all liability for losses or damages resulting from the use of Beta features.

Article 23: Export, backup and data loss

Regarding data management:

23.1 Backup

The User is solely responsible for regularly backing up their data. Although LOXBOX Services performs technical backups, these are intended for service continuity and do not constitute a guaranteed backup service for the User.

23.2 Export

The User may, depending on the features available in their plan, export some of their data. LOXBOX Services does not guarantee the compatibility of export formats with other platforms.

23.3 Data loss

LOXBOX Services cannot be held liable for data loss resulting from:

  • User actions (deletion, mishandling)
  • Unauthorised access to the User's account
  • Cases of force majeure
  • Malfunction of third-party services

Article 24: Personal Data (INPDP & GDPR)

24.1 Role as Processor: LOXBOX Services acts as a Processor (Data Processor) and processes data (names, addresses, courier tracking) solely on behalf of the User, who is the Controller (Data Controller).

24.2 Compliance obligations: The User guarantees that they comply with privacy legislation (Tunisian Law 2004-63 and GDPR) and ensures they have made the declarations required with the INPDP.

Article 25: Limitation of Liability & Cap

If the liability of LOXBOX Services is upheld by a court, the maximum amount of compensatory damages may not exceed the cumulative subscriptions paid by the User during the three (3) months preceding the occurrence of the damage, excluding any indirect loss or loss of business.

Article 26: Miscellaneous Clauses (Severability & Non-Waiver)

26.1 Severability: The invalidity of a clause of the Terms does not affect the validity of the other clauses, which continue to apply.

26.2 Non-Waiver: Any delay or failure by LOXBOX to enforce a clause does not amount to a permanent waiver of the right to rely on it in the future.

Article 27: Governing Law and Jurisdiction

These Terms are governed by the law of the Republic of Tunisia. Any dispute relating to their interpretation, validity or performance that cannot be resolved amicably shall fall under the exclusive jurisdiction of the courts of Tunis.