Terms of Use
Cargo Loader 3D, Software Fabrica Bilişim Anonim ŞirketiDate of Publication: 13/10/26
Last Updated: 13/10/26
These Terms of Service (“Terms”) constitute a legally binding agreement between Software Fabrica Bilişim Anonim Şirketi, a company registered in Turkey with VAT number 6190042966, having its registered office at Cumhuriyet Mah. Şişecam Yolu Sk. AR-GE G3 No: 28, Gebze/Kocaeli (“Company”, “we”, “us”, or “our”) and you, either individually or on behalf of the entity you represent (“Customer”, “you”, or “your”), governing your access to and use of the Company's container loading optimization application and associated services (the “Services”).
1. ACCEPTANCE OF TERMS
1.1 By accessing, registering for, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use the Services.
1.2 Your continued use of the Services following any modification to these Terms constitutes acceptance of those changes. The version of these Terms in force at the time of your access is archived and made available upon request.
1.3 If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case “Customer” refers to that entity.
2. DEFINITIONS
2.1 “Free Account” means an account type that provides access to a limited subset of the features and use cases of the Services, at no charge, without any time limitation.
2.2 “Licensed Account” means an account type that provides access to the features of the Services available to paid license holders, as described on our pricing page.
2.3 “License” means the right to use the Licensed Account features, granted either as (i) a one-time license (24-hour or 7-day) valid for the stated duration, or (ii) a recurring subscription (monthly or annual) that renews automatically until cancelled.
2.4 “Seat” means a single authorized user allocation under a License (e.g., a 2-seat license permits use by two authorized users).
2.5 “Paddle” means Paddle.com Market Ltd. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
3. SERVICE DESCRIPTION
3.1 The Company provides a cloud-based container loading optimization service that generates recommended three-dimensional loading schemes based on the container, trailer, truck, cargo, and storage unit dimensions, cargo measurements, weights, and specifications provided by the Customer. The Service also displays supplementary indicators including the center of gravity of the loaded unit, the aggregate weight at that center, and, where a truck or trailer configuration is used, the load distributed across axles, calculated from Customer-provided input data.
3.2 The Service is strictly limited to providing optimization recommendations for the placement of cargo in containers, trucks, trailers, and other transport or storage units. The Service does not include legal or regulatory compliance advice, customs regulations guidance, transportation logistics management, regulatory compliance verification, engineering certification, or any other services beyond optimization recommendations.
3.3 Supplementary indicators offer no guarantee of accuracy. All outputs of the Service, including but not limited to loading schemes, center-of-gravity calculations, axle load distributions, and any other indicators, are auxiliary, informational tools generated algorithmically from Customer input. They are not measurements, certifications, or professional engineering advice, and they may not reflect actual physical conditions. The Company makes no representations or warranties regarding the suitability, accuracy, or completeness of recommendations or indicators for any particular purpose, including fitness for customs, logistics, safety, axle-load, or weight-distribution purposes. Customer assumes all risk in implementing or relying upon such recommendations and indicators and shall not assert any claim against the Company arising from alleged calculation errors or discrepancies between the Service's outputs and actual conditions.
4. ACCOUNT REGISTRATION
4.1 To use the Services, you must create an account with accurate and complete information, be at least 18 years of age, and have the legal authority to enter into these Terms. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must promptly notify us of any unauthorized access and ensure the accuracy of all registration information.
4.2 Each account is personal and non-transferable. Each Seat under a License is allocated to a single authorized user; credentials may not be shared between users. Use of automated scripts, credential sharing, or simultaneous access from multiple locations beyond the authorized Seat allocation may result in immediate account termination without compensation or refund.
4.3 The Company reserves the right to refuse service, terminate accounts, or remove content at its sole discretion without notice.
5. FREE AND LICENSED ACCOUNTS
5.1 Free Accounts. Upon account creation, users automatically receive access to the Services as a Free Account. No credit card or other payment method is required to create or maintain a Free Account. Free Accounts do not expire and are not automatically closed by lapse of time; they may be used indefinitely, subject to these Terms.
5.2 Feature differences. Free Accounts have access to a limited subset of the features and use cases of the Services, whereas Licensed Accounts may use the Services with all features. The current differences between Free Accounts and Licensed Accounts are published at https://cargoloader3d.com/pricing.html, which forms part of these Terms by reference.
5.3 Changes to Free Account features. The features available to Free Accounts may be increased or reduced at any time, at the Company's sole discretion, including as part of marketing or commercial strategies. Reduction of Free Account features does not entitle the Customer to any refund, credit, or compensation, and does not constitute a breach of these Terms.
5.4 Reversion to Free Account. Upon expiry of a one-time License, cancellation or non-renewal of a subscription, or failure of payment for any reason (including problems with the payment method defined on the renewal date), the Customer's account is automatically converted to a Free Account, and the Customer may continue using only the features available to Free Accounts. Such conversion does not constitute termination of the account or of these Terms and does not entitle the Customer to any refund for the unused portion of the License.
6. LICENSES, PAYMENT, AND BILLING
6.1 License types. Licenses are offered in two structures: (i) one-time purchases (24-hour and 7-day Licenses), valid for the stated duration from activation; and (ii) subscriptions (monthly and annual), which begin upon payment confirmation, run from the payment date to the same date of the following period, and renew automatically unless cancelled by the Customer. All fees are payable in advance.
6.2 Paddle as Merchant of Record. All purchases of Licenses are processed by Paddle.com Market Ltd., which acts as the Merchant of Record (“MoR”) for the sale of the Company's Licenses. Paddle, as the seller of record, sells the Licenses on the Company's behalf and handles the tax obligations of the applicable jurisdictions. Although License purchases are initiated through the Company's systems, checkout and payment are completed through Paddle's interfaces and systems, and Paddle, not the Company, is the seller of the Licenses. Accordingly, the name appearing on card statements and invoices as the seller is “Paddle”. The Customer's purchase is subject to Paddle's own terms of sale, available at https://www.paddle.com/legal, which are separate from, and do not replace, these Terms. These Terms govern the provision of the Services by the Company; Paddle's terms govern the purchase transaction itself.
6.3 Invoices. Invoices for all purchases are issued by Paddle and may be downloaded from the customer portal at https://paddle.net. The Company does not issue invoices for License purchases.
6.4 Taxes. Listed License prices are exclusive of taxes. Applicable taxes (including VAT, GST, and sales taxes) are calculated and displayed separately at checkout. Unless otherwise required by law, all applicable taxes, duties, and charges are the responsibility of the Customer and are not the responsibility of the Company.
6.5 VAT identification. If a Customer's VAT identification number cannot be validated, the applicable tax will be charged without deduction. Post-purchase tax exemption claims, where available, are handled by Paddle through the paddle.net portal and may require supporting documentation; the Company bears no responsibility for the acceptance or rejection of any such claim.
6.6 Currency conversion. For packages and subscriptions purchased in CNY or INR, an automatic conversion to USD is applied. The Customer's card provider or bank may separately apply exchange rate mark-ups, currency conversion fees, or commissions, which are the Customer's responsibility.
6.7 Coupons and discounts. Coupon and discount codes must be entered at the time of purchase; they cannot be applied retroactively to completed transactions, and the difference between campaign and standard pricing will not be refunded.
6.8 Chargebacks. If the Customer initiates a chargeback with their bank or card issuer, the Company and/or Paddle may suspend the Customer's account for the duration of the investigation. Accounts remain suspended until the chargeback is resolved and may be terminated if the chargeback is upheld.
6.9 Refunds. Fees are non-refundable except as provided in the Company's Refund Policy (https://cargoloader3d.com/refund-policy.html) and Paddle's Refund Policy (https://www.paddle.com/legal/refund-policy), including any statutory withdrawal rights applicable to the Customer under the law of the Customer's jurisdiction. Refunds are processed by Paddle; the Company does not itself process payments or refunds. Where a refund is issued, access to the corresponding License features ceases and the account is converted to a Free Account.
6.10 Payment methods. Certain payment methods (including UPI) do not support License upgrades with a change of payment method; in such cases the Customer must use the original payment method or contact support.
6.11 Immediate performance. Licenses are delivered and performance of the Services begins immediately upon completion of checkout. Where applicable consumer law so requires, the Customer's express consent to immediate performance, and acknowledgment of the effect of such performance on statutory withdrawal rights, is collected at checkout by Paddle.
7. UPGRADES AND DOWNGRADES
7.1 Upgrades. If the Customer wishes to increase the number of Seats (e.g., from a 1-seat to a 2-seat License) or move from a monthly to an annual plan, the Customer is directed to a payment page where the prorated difference is charged immediately, and the Customer is moved to the higher-priced plan.
7.2 Downgrades. If the Customer wishes to reduce the number of Seats or move from an annual to a monthly plan, a scheduled plan change is created to take effect at the next billing date. These processes run automatically, with the scheduled processing occurring six (6) hours before the invoice time.
7.3 Change restriction window. From six (6) hours before a scheduled invoice, the Company's systems restrict subscription and License interactions, including plan changes, downgrades, and cancellations made through the Company's systems. Customers are expected to make any desired changes or cancellations before this window. Cancellation requests received within the restriction window through other channels (including support) will be processed as soon as technically possible; where a renewal charge occurs despite a timely cancellation request that could not be processed due to the restriction window, the Customer may request a refund of that charge in accordance with the Refund Policy. The Company is not responsible for plan changes that could not be processed during this window.
7.4 Cancellation. The Customer may cancel a subscription at any time through the account settings or the links provided by Paddle, with cancellation taking effect at the end of the current billing period. No refunds, credits, or prorations will be provided for partial periods, unused services, or early termination, except as provided in the Refund Policies referenced in Article 6.9.
8. PRICE CHANGES
8.1 The Company may modify License prices at any time, including to align prices with commercial conditions. For changes affecting the renewal price of existing subscriptions, the Company will notify affected Customers in advance by e-mail and/or in-application notification, no later than thirty (30) days before the new price takes effect.
8.2 New prices apply to renewals occurring on or after the effective date communicated in the notice. The Customer may cancel the subscription before the effective date to avoid the new price.
8.3 Price changes do not entitle the Customer to any refund, credit, or compensation for amounts already paid.
9. CUSTOMER RESPONSIBILITIES
9.1 The Customer is solely responsible for the accuracy of all input data, including container, trailer, truck, and cargo dimensions, specifications, and weights. The Customer must verify all optimization recommendations and indicators before implementation and ensure compliance with all applicable laws, regulations, and technical limits (including axle load limits, gross vehicle weight limits, and cargo securing requirements).
9.2 The Customer shall not use the Services for any illegal purpose, attempt to reverse engineer the Services, share account credentials with third parties, use the Services to harm third parties, upload malicious code, interfere with the operation of the Services, or access the Services through automated means. The Customer acknowledges that misuse will result in immediate termination and potential legal action.
9.3 The Customer bears all risk for decisions made on the basis of the Service's recommendations and indicators.
10. MACHINE-TRANSLATED LANGUAGES
10.1 The Services, their interfaces, and communications may be offered in languages other than English and Turkish. Translations into such languages have been produced and are maintained using artificial intelligence tools. The Company disclaims all liability for errors, inaccuracies, or ambiguities in machine-translated content, and in the event of any discrepancy, the English and Turkish versions shall prevail.
11. THIRD-PARTY SERVICES AND PROVIDERS
11.1 The Services rely on third-party systems and providers, including payment, hosting, and infrastructure providers. The Company shall not be liable for disruptions, delays, or failures of the Services arising from such third-party systems, including the failure to execute scheduled plan changes on time, or the unavailability of the Services due to hosting provider outages. Such events do not constitute a breach of these Terms and do not entitle the Customer to refunds or compensation.
11.2 The Company is not responsible for the content, functionality, or practices of third-party services, including Paddle's checkout, billing, and refund processes, except as expressly provided in these Terms.
12. LIMITATION OF LIABILITY
12.1 The optimization schemes and indicators provided are recommendations and auxiliary information only. The Company is not responsible for the implementation of recommendations, losses arising from the use of recommendations, compliance with shipping, transport, or safety regulations, damage to goods or equipment during loading or transportation, or any indirect, incidental, special, consequential, or punitive damages.
12.2 The Services are provided “as is” and “as available” without warranty of any kind. We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Services will be uninterrupted, secure, or error-free.
12.3 In no event shall the Company's total aggregate liability exceed the amount paid by the Customer to Paddle for the Services in the month (or, for annual plans, the amount equivalent to one month) preceding the claim. The Company shall not be liable for any loss of data, loss of profit, or business interruption.
12.4 The Customer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, losses, and expenses arising from the Customer's use of the Services, violation of these Terms, or infringement of any third-party rights.
12.5 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable mandatory law, including mandatory consumer protection law.
13. INTELLECTUAL PROPERTY
13.1 All intellectual property rights in the Services, including but not limited to software, algorithms, designs, and documentation, remain exclusively with the Company. The Customer receives only a limited, non-exclusive, non-transferable, revocable license to use the Services for the duration of the License.
13.2 The Customer retains ownership of data uploaded to the Service but grants the Company a worldwide, royalty-free license to use, reproduce, and analyze such data solely for providing and improving the Services. The Customer warrants that it has all necessary rights to provide such data and that such data does not infringe any third-party rights.
14. RESTRICTIONS ON REVERSE ENGINEERING
14.1 The Customer shall not, and shall not permit any third party to: (i) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or algorithms of the Services, except to the extent expressly permitted by applicable law and only after providing prior written notice to the Company; (ii) access or use the Services to develop a competing product or service or to create derivative works based on the Services; or (iii) modify, adapt, translate, or otherwise make any unauthorized use of the Services or their components.
15. DATA PROTECTION
15.1 The Company processes personal data in accordance with applicable data protection laws and its Privacy Policy. The Customer consents to the collection, processing, and international transfer of data necessary for the provision of the Services.
15.2 The Company disclaims any liability for data breaches, loss of data, or unauthorized access despite reasonable security measures. The Customer is responsible for maintaining backups of all data. The Company may delete Customer data after termination of the account in accordance with its Privacy Policy.
16. TERMINATION
16.1 Either party may terminate these Terms with written notice. The Company may immediately terminate or suspend these Terms, the account, or the Services without notice for non-payment, violation of these Terms, fraudulent or illegal activity, chargeback initiation, multiple account usage, or any other reason at the Company's sole discretion.
16.2 Termination of the account (as distinct from mere expiry or non-renewal of a License, which results in conversion to a Free Account under Article 5.4) results in the immediate cessation of the Customer's access, the possible immediate and permanent deletion of all Customer data, and no refunds.
16.3 Provisions regarding limitation of liability, indemnification, and intellectual property survive termination.
17. MONITORING
17.1 The Company reserves the right to monitor the Customer's use of the Services for the purpose of ensuring compliance with these Terms, maintaining system integrity, preventing unauthorized access, misuse, or abuse, and protecting its intellectual property and other legal interests.
18. GENERAL PROVISIONS
18.1 These Terms are governed by the laws of Turkey, without regard to conflict of law principles. Any disputes arising out of or in connection with these Terms shall be resolved exclusively in the courts of Istanbul, Turkey, and the Customer consents to the jurisdiction of such courts, without prejudice to any mandatory jurisdictional protections available to consumers under applicable law.
18.2 The Company may modify these Terms at any time. The modified version will be published with an updated effective date; continued use of the Services constitutes acceptance of the modifications.
18.3 If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full effect.
18.4 These Terms, together with the Privacy Policy, the Refund Policy, and the pricing page referenced herein, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements on the same subject, without prejudice to Paddle's terms applicable to the purchase transaction.
18.5 The Customer may not assign these Terms without the Company's written consent. The Company may assign these Terms without restriction.
18.6 No waiver of any provision shall be effective unless in writing. All notices must be in writing and delivered to the contact addresses specified in these Terms.
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Contact Information:
Contact Information
Product support: info@cargoloader3d.com
Company inquiries: info@softwarefabrica.com
Address: Cumhuriyet Mah. Şişecam Yolu Sk. AR-GE G3 No: 28, Gebze/Kocaeli, Turkey