TERMS OF SERVICE

These terms of service (“Terms”) constitute the legal agreement between you (“User”, “Customer”) and Saifion ApS (“Saifion”, “we”, “us”, “our”) regarding the use of the Saifion platform and related services.

By creating an account, requesting freight quotes, or otherwise using the service, you accept these Terms. This applies regardless of whether you represent a company that needs goods shipped (shipper), are a carrier (partner), or are simply visiting the website. Read them carefully.

1. Definitions

The Saifion Platform: The AI-powered import and logistics platform, including data processing, landed cost calculation, inventory-based reorder recommendations, Live Tracking, Shopify integration, and AI features for automatic generation of document drafts (Bill of Lading, invoices and customs documents), freight price analysis and optimization of logistics routes based on Customer Data. The definition also includes associated software, API, web application and integrations.

User: The legal entity (e.g., the customer or carrier) and its employees who have access to an account on the Saifion Platform.

Integrations: Connections between Saifion and external systems such as Shopify, ERP systems, customs systems, carrier APIs or other logistics management tools.

Customer Data: All data processed through the platform, including shipment details and metadata, document content, communication between parties, tracking data accessed via integrations, product and inventory data from Shopify integrations, and other data provided or accessed through the services.

Shipping Agent: The independent third-party freight forwarding agent that Saifion connects the Customer with for the purpose of arranging transport. The Shipping Agent is solely responsible for the physical handling, transport and delivery of goods. The contractual relationship for freight services is between the Customer and the Shipping Agent.

Carrier: The independent third party, such as a shipping line, airline or trucking company, that carries out the physical transport of goods, as engaged by the Shipping Agent.

AI-Generated Content: Any output produced by Saifion's artificial intelligence tools, including but not limited to document drafts, HS code classifications, duty estimates, CO₂ calculations, landed cost calculations, reorder recommendations, route suggestions and freight rate analyses. Saifion's primary AI tools are Anthropic's Claude (including Claude Code) and Google's Gemini. All AI-Generated Content is provided as preliminary drafts or estimates only.

Sub-processor: Any third-party service provider engaged by Saifion to process data on behalf of the Customer, including but not limited to Clerk (authentication), Convex (database hosting), Chroma DB (vector database), Anthropic Claude and Google Gemini (AI processing), and Dinero/Visma (accounting and invoicing).

Confidential Information: All non-public information disclosed by either party, whether orally, in writing, or through the Platform, including but not limited to business data, pricing, technical specifications, trade secrets, algorithms, Customer Data and any information marked as confidential.

2. Purpose

Saifion provides an AI-powered import and logistics platform that helps businesses gain transparency and control over their global freight and import operations. The platform consolidates data, pricing, tracking and documentation in one place, reducing manual administrative work and minimizing the risk of hidden costs and errors in the import process.

The platform offers two core services that can be used independently or together:

1. Data processing and overview: The platform consolidates the entire import process, providing visibility into landed costs, product and freight expenses, and inventory-based reorder recommendations, integrated with the Customer's webshop (including Shopify). The goal is to replace scattered emails, supplier invoices, spreadsheets and Alibaba data with one unified overview.
2. Freight brokerage (speditørmægling): Through the Platform, Saifion connects the Customer with independent Shipping Agents who handle the actual freight forwarding. Saifion facilitates the relationship and provides full cost-breakdowns and tracking, but the contractual agreement for freight services is entered into between the Customer and the Shipping Agent. Saifion does not itself transport, store or physically handle any goods.

The service uses artificial intelligence to process import data, generate drafts of transport documents, calculate costs, and automate administrative tasks based on the data that the User enters or transfers via Integrations. All AI-generated outputs are provided as drafts and estimates for the Customer's review and approval. The Customer remains solely responsible for verifying the accuracy and completeness of all information and documents before submission to carriers, customs authorities or other third parties.

3. Saifion's Role — Platform and Freight Broker

3.1 Platform provider and data processor

In its capacity as a platform provider, Saifion is a technology company that processes data, automates workflows and provides transparency into the import process. Saifion acts as a data processor (databehandler) for Customer Data and as a technology service provider. Saifion does not provide customs, tax or legal advice through the Platform.

3.2 Freight brokerage (speditørmægling)

When the Customer chooses to use Saifion's freight brokerage services, Saifion acts exclusively as an intermediary (speditørmægler) that connects the Customer with independent Shipping Agents. Saifion's role is strictly limited to:

• Connecting the Customer with suitable Shipping Agents
• Facilitating cost transparency through full cost-breakdowns
• Providing shipment tracking and status updates via the Platform
• Automating document generation and data processing related to shipments

Saifion does not:

• Transport, store or physically handle any goods
• Act as a carrier, freight forwarder or principal for the transport
• Assume responsibility for the acts or omissions of Shipping Agents or Carriers
• Issue transport documents (Bills of Lading etc.) in its own name
• Take custody of or assume risk for any goods at any point

3.3 Contractual structure for freight services

The contractual relationship for all freight services (transport, customs clearance, storage, etc.) is between the Customer and the Shipping Agent. By using Saifion's freight brokerage services, the Customer acknowledges that:

1. The Customer enters into a direct agreement with the Shipping Agent for freight services, facilitated through the Saifion Platform;
2. The Shipping Agent's own terms and conditions, including any reference to NSAB 2015 or other standard conditions, govern the freight services;
3. Saifion is not a party to the agreement between the Customer and the Shipping Agent;
4. Any claims relating to lost, damaged or delayed goods must be directed at the Shipping Agent or the Carrier, not at Saifion;
5. Saifion's sole obligation in relation to freight brokerage is to exercise reasonable care in the selection of Shipping Agents.

3.4 NSAB 2015 reference

The Shipping Agents used by Saifion typically operate under NSAB 2015 (Nordic Association of Freight Forwarders General Conditions). The Customer should familiarize itself with NSAB 2015, which among other things limits the Shipping Agent's liability to 8.33 SDR per kg of damaged or lost goods and establishes claims deadlines (visible damage: immediately upon receipt; non-visible damage: within 7 days).

Saifion recommends that the Customer reviews the specific terms and conditions of the Shipping Agent assigned to each shipment.

4. Account Creation and Use

The service is exclusively intended for commercial use within logistics and transport. By creating an account, you warrant that you are acting in a commercial capacity as a business entity or sole proprietorship (B2B) and not as a consumer. The User must provide correct and complete information when creating an account, including a valid business registration number and relevant company information, and keep these updated to ensure correct document handling and invoicing.

The User is fully responsible for protecting passwords and for all activity that occurs on the account. This includes responsibility for all bookings, document approvals and instructions made via the account. Authentication is provided through Clerk, a third-party authentication service. The User shall immediately notify Saifion of any unauthorized use of the account or any other breach of security.

Saifion reserves the right to suspend or close accounts with immediate effect upon suspicion of misuse, non-payment or breach of these Terms. Saifion will provide the User with a clear explanation of the reasons for suspension, and the User shall have the opportunity to address the issues before permanent closure, except in cases of suspected fraud or illegal activity.

Saifion may suspend access to the Platform immediately and without liability if: (i) there is a security risk or attack on the Platform; (ii) continued access would violate applicable law; (iii) a third-party technology provider terminates or suspends its services to Saifion; or (iv) Saifion reasonably determines that suspension is necessary to protect the Platform or other users. Saifion shall use reasonable efforts to provide notice of such suspension and to restore access as soon as practicable.

5. Customer's Obligations

5.1 General obligations

The Customer is responsible for:

• Using the Platform in compliance with all applicable laws and regulations, including import, customs and trade regulations
• Providing accurate and complete information about goods, including correct descriptions, weights, dimensions and values
• Ensuring correct HS code classification of goods (Saifion may provide AI-assisted suggestions, but the Customer bears ultimate responsibility for accuracy)
• Maintaining a valid EORI registration where required for import operations
• Reviewing and verifying all AI-Generated Content before use or submission to third parties
• Complying with all applicable sanctions, export control and anti-money laundering regulations
• Notifying Saifion of any errors or inaccuracies discovered in data or calculations
• Maintaining the confidentiality and security of account credentials

5.2 Prohibited uses

The Customer shall not use the Platform to:

• Violate any applicable law, regulation, or third-party right, including intellectual property rights, privacy rights, or export control regulations
• Transmit any material that contains viruses, malware, or other harmful code, or engage in any activity that could disable, impair, or overburden the Platform
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform, its algorithms, or its AI models
• Access or use the Platform through automated means (bots, scrapers, spiders) other than through Saifion's published APIs and integrations
• Use the Platform to facilitate shipments of illegal goods, sanctioned goods, or goods subject to export controls without proper authorization
• Interfere with or circumvent any security feature or access restriction of the Platform
• Misrepresent the nature, value, origin, or classification of goods in order to evade customs duties, taxes, or regulations
• Resell, sublicense, or make the Platform available to any third party without Saifion's prior written consent
• Use AI-Generated Content to create misleading documentation intended to deceive customs authorities, carriers, or other parties
• Access or use the Platform or its outputs for the purpose of building, training, or improving a competing product or service, or for benchmarking or competitive analysis without Saifion's prior written consent
• Remove, obscure, or alter any proprietary notices, labels, or marks on the Platform or any content generated through the Platform

5.3 Dangerous goods

It is the Customer's sole responsibility to identify and correctly declare any shipment containing “dangerous goods” as defined under applicable legislation. The Customer must inform both Saifion and the Shipping Agent with complete and accurate information about the dangerous nature of the goods before any shipment is arranged. Saifion reserves the right to refuse to facilitate any shipment of dangerous goods.

5.4 Packed and containerized goods

Neither Saifion nor the Shipping Agent assumes liability for the preparation, packing, stowing, labeling or marking of the Customer's goods. The Customer warrants that all goods are correctly and adequately packed and that transport units are properly loaded.

5.5 Insurance

Unless the Customer specifically requests insurance through the Shipping Agent, neither Saifion nor the Shipping Agent is obligated to take out insurance on the Customer's behalf. The Customer is advised to arrange adequate insurance for all goods in transit.

6. AI-Generated Content and Technology

6.1 Use of AI

The Saifion Platform utilizes artificial intelligence and machine learning technologies to process import data, generate document drafts, classify goods, estimate duties, calculate landed costs, calculate CO₂ emissions, analyze freight rates, recommend reorder timing and provide route suggestions. Saifion's primary AI infrastructure consists of Anthropic's Claude (including Claude Code for development and automation) and Google's Gemini. All such AI-Generated Content is provided on an informational and preliminary basis only.

6.2 No guarantee of accuracy; not professional advice

Saifion does not guarantee the accuracy, completeness or reliability of any AI-Generated Content. The Customer is solely responsible for reviewing and verifying all AI-Generated Content before use or submission. AI-Generated Content does not constitute legal, customs, tax or professional advice.

6.3 AI transparency (EU AI Act compliance)

In accordance with the EU AI Act (Regulation (EU) 2024/1689): the Customer is always informed when interacting with AI-generated outputs; the Customer may request human review of any AI-generated decision that materially affects the Customer's business; and Saifion maintains documentation of its AI systems' risk classification and compliance measures, available upon reasonable request.

6.4 Customer's obligations regarding AI-Generated Content

The Customer shall not present AI-Generated Content to any third party (including customs authorities, carriers, or Shipping Agents) as verified, final, or authoritative without independent verification. Where the Customer passes AI-Generated Content to its own customers, the Customer shall inform them that the content was AI-generated and not independently verified by a qualified professional.

6.5 Ownership of AI-Generated Content

Subject to the Customer's compliance with these Terms and payment of applicable fees, Saifion assigns to the Customer all right, title, and interest (if any) that Saifion may hold in AI-Generated Content created specifically for the Customer. This assignment does not extend to: (a) the underlying AI models, algorithms, or software; (b) the Platform itself; (c) any pre-existing intellectual property of Saifion; or (d) anonymized and aggregated data as described in Section 15. Identical or substantially similar content may be generated for other customers.

6.6 Limitation of AI liability and marketing representations

Saifion shall not be liable for any loss, damage, fine, penalty or expense arising from the Customer's reliance on AI-Generated Content without independent verification. All descriptions of AI capabilities in marketing materials are illustrative only. No marketing statement shall be construed as modifying the disclaimers in this Section 6 or in Section 10. In the event of conflict between marketing materials and these Terms, these Terms prevail.

7. Platform Availability

Saifion shall use commercially reasonable efforts to maintain the availability of the Platform. However, Saifion does not guarantee uninterrupted, timely, secure or error-free access to the Platform or any of its features.

The Platform may be temporarily unavailable due to scheduled maintenance, system updates, technical failures, third-party service disruptions or circumstances beyond Saifion's reasonable control. Saifion shall not be liable for any loss, damage or expense arising from the temporary or permanent unavailability of the Platform.

Freight rates, tracking data, transit times and other information displayed on the Platform are obtained from third-party Shipping Agents, carriers and data providers. Saifion does not guarantee the accuracy, timeliness or completeness of such third-party data and shall not be liable for any discrepancies between displayed information and actual conditions.

8. Pricing and Invoicing

8.1 Platform fees

The Platform's basic data processing and overview features are available free of charge during the initial period. Premium features and freight brokerage services are subject to fees as communicated to the Customer. Saifion reserves the right to introduce or change fees with at least 30 days' notice.

8.2 Freight costs

Freight costs quoted on the Platform are provided by independent Shipping Agents and are subject to the Shipping Agent's own terms. Saifion's brokerage fee is included in or added to the freight costs as separately shown in the cost-breakdown. Quotes are given on the basis of immediate acceptance and may be withdrawn or revised by the Shipping Agent.

Freight costs may be revised after acceptance in the event of changes beyond the Shipping Agent's control, including changes in exchange rates, freight rates, carrier surcharges, EU ETS carbon pricing, customs duties or other fees applicable to the goods.

8.3 Payment terms

All invoices are due within 14 days of the invoice date unless otherwise agreed in writing. Late payment shall accrue interest in accordance with the Danish Interest Act (Renteloven). All prices are exclusive of VAT and other applicable taxes unless otherwise stated.

When goods are accepted or handled under instructions to collect freight, customs duties, fees or other charges from the consignee or another person, the Customer remains responsible for these if they are not paid by the consignee or the other person immediately upon maturity.

8.4 Payment flow for freight services

The Customer pays the Shipping Agent directly for all freight services. Saifion does not collect, process, or handle payments from the Customer for freight, customs duties, or any charges related to the physical transport of goods. Saifion's invoices relate solely to Platform fees and brokerage commissions. Saifion does not at any time act as principal, guarantor, or payment intermediary for freight services.

9. Liability

9.1 Saifion's liability as platform provider

Saifion shall exercise reasonable care in the provision of the Platform and its data processing services. Saifion's liability as platform provider is limited to direct damages caused by Saifion's gross negligence or willful misconduct in the provision of the Platform.

Saifion's aggregate liability for all claims arising from Platform services (excluding freight brokerage) in any twelve-month period shall not exceed the total fees paid by the Customer to Saifion for Platform services during the twelve months immediately preceding the first event giving rise to a claim.

9.2 Saifion's liability as freight broker

In its capacity as freight broker (speditørmægler), Saifion's sole obligation is to exercise reasonable care in the selection and instruction of Shipping Agents. Saifion is not liable for acts, omissions, delays or defaults of Shipping Agents, Carriers or other third parties involved in the transport.

Saifion's aggregate liability for all claims arising from freight brokerage services in any twelve-month period shall not exceed the lower of: (a) the total brokerage fees paid by the Customer to Saifion during the twelve months immediately preceding the first event, or (b) EUR 10,000.

For clarity: claims relating to loss of, damage to, or delay of goods shall be directed at the Shipping Agent or Carrier in accordance with the applicable transport contract, NSAB 2015 or relevant transport conventions (CMR, Hague-Visby, Montreal Convention).

9.3 Exclusion of indirect losses

UNDER NO CIRCUMSTANCES SHALL SAIFION BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS OPPORTUNITIES, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF SAIFION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.4 Third-party services and integrations

The Platform may integrate with or contain links to third-party services, websites or tools (including but not limited to Shopify, carrier tracking systems and customs databases). Saifion does not control, endorse, or assume any responsibility for the content, accuracy, privacy practices, availability, or performance of any third-party services. The Customer's use of third-party services is at the Customer's own risk and subject to the third party's own terms and conditions.

Saifion shall not be liable for any loss, damage or expense arising from the unavailability, malfunction or modification of any third-party service, or from any action taken or content provided by a third-party service provider.

9.5 Customer's liability and indemnification

The Customer is deemed to be competent and have reasonable knowledge of matters affecting the operation of its business, including import terms, the need for insurance and applicable regulations.

The Customer warrants that all information provided to Saifion or the Shipping Agent concerning goods (nature, description, marks, number, weight, volume, quantity) is accurate and complete. The Customer shall defend, indemnify and hold harmless Saifion, its officers, directors, employees, agents and affiliates from and against all claims, losses, fines, damages, expenses, liabilities, judgments, settlements and costs (including reasonable legal fees) arising from or relating to:

• The Customer's failure to provide accurate and complete information
• The Customer's reliance on AI-Generated Content without independent verification
• The Customer's violation of applicable laws, including customs, sanctions and trade compliance regulations
• Claims from Shipping Agents, Carriers or third parties resulting from the Customer's negligence or breach of obligations
• Customs duties, taxes, demurrage, storage costs and other charges attributable to the Customer's goods or instructions
• The Customer's breach of these Terms or any applicable law or regulation
• Any content, data, or materials provided by the Customer through the Platform that infringe on a third party's intellectual property rights or other rights
• The Customer's use of the Platform in connection with prohibited uses as defined in Section 5.2

9.6 Saifion's intellectual property indemnification

Saifion shall defend and indemnify the Customer against any third-party claim that the Platform (as provided by Saifion and used in accordance with these Terms) infringes such third party's intellectual property rights, provided that: (a) the Customer notifies Saifion promptly of the claim; (b) the Customer grants Saifion sole control of the defense and settlement; and (c) the Customer provides reasonable assistance at Saifion's expense.

This indemnification obligation does not apply to the extent the claim arises from: (i) Customer Data or content provided by the Customer; (ii) modification of the Platform by the Customer; (iii) combination of the Platform with non-Saifion products or services; or (iv) use of the Platform in a manner not authorized by these Terms.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SAIFION PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. SAIFION EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, SAIFION DOES NOT WARRANT THAT: (I) THE PLATFORM WILL MEET THE CUSTOMER'S SPECIFIC REQUIREMENTS; (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS OBTAINED FROM THE USE OF THE PLATFORM, INCLUDING AI-GENERATED CONTENT, WILL BE ACCURATE, RELIABLE, OR COMPLETE; (IV) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED; OR (V) THAT ANY SHIPPING AGENT SELECTED THROUGH THE PLATFORM WILL PERFORM ITS OBLIGATIONS TO THE CUSTOMER'S SATISFACTION.

THE CUSTOMER ACKNOWLEDGES THAT AI-GENERATED CONTENT IS PRODUCED BY AUTOMATED SYSTEMS AND MAY CONTAIN ERRORS OR INACCURACIES. SAIFION MAKES NO WARRANTIES REGARDING THE PERFORMANCE, RELIABILITY, OR AVAILABILITY OF ANY THIRD-PARTY SERVICES INTEGRATED WITH THE PLATFORM.

11. Claims and Limitation Period

11.1 Claims relating to goods

All claims relating to loss of, damage to, or delay of goods must be directed at the Shipping Agent in accordance with the Shipping Agent's terms and conditions and any applicable transport convention. Saifion is not liable for such claims.

Notwithstanding the above, the Customer shall notify Saifion of any issues with goods or Shipping Agent performance within a reasonable time to enable Saifion to assist with dispute resolution where possible.

11.2 Claims relating to Platform services

The Customer shall notify Saifion in writing of any claim relating to Platform services within 45 days from the event giving rise to the claim. If notice is not given as required, the claim is excluded.

11.3 Limitation period

Saifion is, unless otherwise expressly agreed, released from all liability under these Terms unless legal proceedings are commenced within nine (9) months from the event giving rise to the claim. This limitation applies to the maximum extent permitted by applicable law.

12. Sanctions and Trade Compliance

The Customer warrants and represents that it shall comply with all applicable trade sanctions, export controls, anti-money laundering and anti-corruption laws and regulations, including but not limited to EU sanctions regulations, US OFAC sanctions, and any applicable national export control regimes.

The Customer shall not use the Saifion Platform to arrange, facilitate or process shipments to or from sanctioned countries, entities or individuals, or shipments involving goods subject to export controls, without the required authorizations and licenses.

Saifion performs automated sanctions screening on shipments and parties processed through the Platform, including screening against EU Consolidated Sanctions Lists, US OFAC SDN List, and UN Security Council Consolidated List. The Customer shall cooperate fully with any compliance checks requested by Saifion. Saifion reserves the right to implement additional screening measures as required by changes in applicable law.

The Customer shall indemnify Saifion for all losses, fines, penalties, damages, costs and liabilities arising from the Customer's breach of any applicable sanctions, export control or anti-corruption laws. Saifion reserves the right to refuse or cancel any shipment or booking that Saifion reasonably believes may violate applicable sanctions or trade compliance requirements.

Saifion maintains a Know Your Customer (KYC) program. The Customer shall provide all information reasonably requested by Saifion for identity verification, beneficial ownership and compliance purposes. Failure to provide requested KYC information may result in suspension or termination of the Customer's account.

13. Force Majeure

Neither party shall be liable for any delay or failure in performing its obligations under these Terms where such delay or failure results from circumstances beyond the affected party's reasonable control (“Force Majeure Event”), provided that: (i) the affected party could not reasonably have avoided or overcome the effects of the event; and (ii) the affected party notifies the other party without undue delay of the Force Majeure Event and its expected duration.

Force Majeure Events include, without limitation: war, armed conflict, acts of terrorism, insurrection, civil unrest, natural disasters, epidemics, pandemics, quarantine measures, explosions, fire, prolonged interruptions of transport, telecommunications or electricity, general labor disputes such as strikes and lockouts, cyberattacks, distributed denial-of-service attacks, ransomware incidents, systemic failures of third-party technology providers or cloud infrastructure, port blockades, governmental actions or sanctions, embargoes, and changes in applicable laws or regulations that make performance illegal or impractical.

If a Force Majeure Event continues for more than ninety (90) consecutive days, either party may terminate the affected services upon written notice to the other party, without liability.

14. Data Processing

Saifion processes Customer Data in accordance with its Privacy Policy (saifion.com/privacy) and Cookie Policy (saifion.com/cookies). By using the Saifion Platform, the Customer acknowledges and accepts the Privacy Policy and Cookie Policy.

To the extent Saifion processes personal data on behalf of the Customer as a data processor within the meaning of GDPR, such processing is governed by Saifion's Data Processing Agreement (DPA), which forms an integral part of these Terms. The DPA is available at saifion.com/dpa. By accepting these Terms, the Customer also accepts the DPA; no separate signature is required. This electronic acceptance satisfies the written-form requirement of GDPR Article 28(9). Saifion maintains an audit trail of each acceptance, including the account identifier, timestamp, IP address, and DPA version, and makes the acceptance record available to the Customer on request. Enterprise customers that require a bilateral, individually negotiated DPA may request one by contacting legal@saifion.com before activating the Platform; until an Enterprise DPA is signed by both parties, the click-wrap DPA at saifion.com/dpa governs.

Saifion has conducted a Data Protection Impact Assessment (DPIA) in accordance with GDPR Article 35 for its AI systems and automated processing activities. A summary of the DPIA findings is available upon request. Saifion reviews and updates the DPIA annually or when processing activities change materially.

Saifion uses the following categories of sub-processors:

A complete and up-to-date list of sub-processors is available upon request. Saifion shall provide at least 30 days' notice before adding new sub-processors. If the Customer objects to a new sub-processor, the Customer may terminate the agreement.

Saifion may use anonymized and aggregated data derived from Customer Data for the purpose of improving its services, conducting analytics, and developing new features. Such anonymized data shall not identify the Customer or any individual.

14.1 Cross-Border Data Transfers

The Customer acknowledges that certain sub-processors, including Anthropic Claude (AI processing), Google Gemini (AI processing), and Clerk (authentication), are established outside the EU/EEA or may process data outside the EU/EEA. Saifion ensures an adequate level of data protection for all international transfers through:

• EU Commission Standard Contractual Clauses (SCCs) with all non-EU sub-processors
• Transfer Impact Assessments (TIAs) documenting the data protection level in each destination country
• Supplementary technical measures including encryption in transit (TLS 1.3) and at rest (AES-256), pseudonymization, and access controls
• The EU-US Data Privacy Framework (where applicable)
• Data Processing Agreements with specific data retention and security obligations

When the Customer uses Saifion's freight brokerage services, certain shipment and contact data may be shared with Shipping Agents and suppliers located in countries outside the EU/EEA (including Asian countries). Such transfers are made on the Customer's instruction as data controller and are governed by the DPA.

AI processing via Anthropic's Claude models is subject to a zero-retention policy: Customer Data sent for AI processing is not stored by Anthropic after processing and is not used for model training.

14.2 Data Breach Notification

Saifion shall notify the Customer without undue delay upon becoming aware of a personal data breach affecting Customer Data. Such notification shall include: (a) a description of the nature of the breach; (b) the categories and approximate number of data subjects and records affected; (c) the likely consequences of the breach; and (d) the measures taken or proposed to address the breach and mitigate its effects.

Saifion shall cooperate with the Customer and provide all necessary information and assistance to enable the Customer to comply with its own data breach notification obligations under GDPR Articles 33 and 34 and other applicable data protection laws.

15. Confidentiality

Each party shall keep confidential all Confidential Information received from the other party in connection with these Terms and the use of the Saifion Platform.

Confidential Information may only be disclosed: (i) to employees, advisors or subcontractors who need access to perform obligations under these Terms and who are bound by equivalent confidentiality obligations; (ii) as required by law, regulation or court order (the disclosing party shall provide prior notice to the other party where legally permitted); or (iii) with the prior written consent of the disclosing party.

The following shall not constitute Confidential Information: (a) information that is or becomes publicly available through no fault of the receiving party; (b) information that was rightfully in the receiving party's possession before disclosure; (c) information independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) information rightfully received from a third party without restriction.

The confidentiality obligations under this section shall survive the termination of these Terms for a period of three (3) years.

16. Intellectual Property

16.1 Saifion's intellectual property

The Saifion Platform, including all software, algorithms, AI models, user interfaces, designs, documentation and related intellectual property, is and shall remain the exclusive property of Saifion or its licensors. Nothing in these Terms grants the Customer any ownership rights in the Platform.

The Customer is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for the Customer's internal business purposes in accordance with these Terms. This license does not include the right to sublicense, sell, resell, copy, reproduce, distribute, or make available the Platform or any part thereof to any third party.

16.2 Customer's data and content

The Customer retains all rights to its Customer Data. By using the Platform, the Customer grants Saifion a limited, non-exclusive, worldwide license to process Customer Data solely for the purpose of providing and improving the services under these Terms, including AI processing, document generation, and data analysis.

The Customer represents and warrants that it has all necessary rights, consents, and permissions to provide Customer Data to Saifion and to grant the license above, and that the Customer Data does not infringe any third party's intellectual property rights or other rights.

16.3 Feedback

If the Customer provides suggestions, ideas, feedback, or recommendations regarding the Platform (“Feedback”), Saifion may use such Feedback without restriction, attribution, or compensation. The Customer hereby assigns to Saifion all right, title, and interest in and to such Feedback.

17. Termination

Either party may terminate these Terms by providing thirty (30) days' written notice to the other party. Saifion may terminate or suspend the Customer's access to the Platform with immediate effect in the event of: (i) material breach of these Terms by the Customer; (ii) non-payment of fees; (iii) suspected fraudulent or illegal activity; or (iv) the Customer's insolvency or bankruptcy.

In the event of suspension, Saifion will provide the Customer with a clear statement of the reasons, and the Customer will have the opportunity to remedy the breach within a reasonable cure period, except in cases of suspected fraud or illegal activity.

Upon termination, the Customer shall pay all fees for the current month and the following month (the notice period). Any prepaid fees for periods beyond the notice period will be refunded on a pro-rata basis. All outstanding invoices become immediately due upon termination.

Upon termination, the Customer's right to access and use the Platform shall cease at the end of the notice period. Saifion shall make Customer Data available for export for a period of thirty (30) days following termination, after which Saifion may delete all Customer Data, unless retention is required by applicable law.

Ongoing shipments facilitated through the Platform shall continue to be handled by the Shipping Agent regardless of termination, subject to the terms between the Customer and the Shipping Agent.

Termination shall not affect any rights, obligations or liabilities that have accrued prior to termination. The following sections shall survive termination: Definitions (1), Liability (9), Disclaimer of Warranties (10), Claims and Limitation Period (11), Confidentiality (15), Intellectual Property (16), Governing Law and Dispute Resolution (21), and any other provisions that by their nature should survive.

18. Complaint Handling

In accordance with the EU Platform-to-Business Regulation (EU) 2019/1150, Saifion provides the following complaint handling mechanism:

• Customers may submit complaints regarding any aspect of the Platform or services by contacting contact@saifion.com
• Saifion will acknowledge receipt of the complaint within 5 business days
• Saifion will investigate the complaint and provide a substantive response within 30 days
• If the Customer is not satisfied with the response, the Customer may escalate the matter in accordance with Section 21 (Governing Law and Dispute Resolution)

For complaints relating to Shipping Agent performance, Saifion will assist in facilitating communication between the Customer and the Shipping Agent.

19. Amendments

These Terms may be amended from time to time by Saifion. Saifion will provide notice to the Customer of any material change at least thirty (30) days before the changes take effect, by email or by notice on the Platform.

The Customer's continued use of the Platform after the effective date of any amendment constitutes acceptance of the amended Terms. If the Customer does not agree to the amended Terms, the Customer must cease using the Platform and terminate its account before the effective date.

Notwithstanding the above, Saifion may make non-material changes (such as corrections of typographical errors, formatting updates, or administrative modifications) without prior notice. For the avoidance of doubt, changes to pricing, liability, data processing, or the scope of services are always considered material changes.

20. Notices

All notices under these Terms shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by email with confirmation of receipt; or (c) sent by registered mail to the address provided by the party.

Notices to Saifion shall be sent to: contact@saifion.com. Notices to the Customer shall be sent to the email address associated with the Customer's account. Each party shall promptly notify the other of any change to its contact details.

21. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with Danish law, without regard to its conflict of law provisions.

Any dispute arising out of or in connection with these Terms shall first be attempted resolved through good-faith negotiation between the parties within thirty (30) days from written notice of the dispute. If the dispute cannot be resolved through negotiation, it shall be submitted to the exclusive jurisdiction of the Maritime and Commercial High Court of Denmark (Sø- og Handelsretten) in Copenhagen as the court of first instance.

For disputes relating to freight services, the Customer should direct claims to the Shipping Agent in accordance with the Shipping Agent's applicable terms, including any arbitration provisions under NSAB 2015.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of intellectual property rights or Confidential Information.

22. Assignment

The Customer may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of Saifion. Any attempted assignment without such consent shall be void.

Saifion may assign these Terms in whole or in part: (a) to an affiliate; (b) in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets; or (c) to a successor entity. Saifion will notify the Customer of any such assignment.

23. Waiver

No failure or delay by either party in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or privilege shall preclude the further exercise thereof or the exercise of any other right, power, or privilege under these Terms or applicable law.

24. Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect. The parties shall negotiate in good faith to replace any invalid provision with a valid provision that achieves, as closely as possible, the economic, business and other purposes of the invalid provision.

25. Entire Agreement

These Terms, together with the Privacy Policy, any applicable Data Processing Agreement and any order forms or service agreements entered into between the parties, constitute the entire agreement between the Customer and Saifion with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, agreements and understandings, whether oral or written.

For clarity: the agreement between the Customer and the Shipping Agent for freight services is a separate agreement to which Saifion is not a party. No amendment to these Terms shall be effective unless made in accordance with Section 19.

26. Contact

If you have questions about our terms of service, please contact us at:

Saifion ApS
CVR: 46208145
Email: contact@saifion.com
Website: saifion.com