1. Subject Matter
1.1 These General Terms and Conditions (hereinafter referred to as "Terms of Use") apply to the registration, participation, and use of the digital logistics platform for carriers available at orcas.sennder.com (“Orcas”) and the carrier functionalities of the sennder application for mobile devices (“sennder App”; together with Orcas referred to as the “Portal”). Orcas and the sennder App are provided by sennder Technologies GmbH, Genthiner Straße 34, 10785 Berlin ("sennder") to duly registered commercial participants ("Carrier"; together with sennder the “Parties”).
1.2 These Terms of Use do not govern the provision of national or international road transport services, freight forwarding services, or transport agreements concluded via the Portal. Any such services are subject only to the respective applicable transportation agreement between the Carrier and its counterparty, which may be sennder or an affiliate of sennder.
2. Orcas and sennder App
2.1 The Portal is a digital logistics platform that allows the Carrier to bid on and book transport offers, accept or reject assigned transports, and manage its booked loads.
2.2 The Carrier’s right to use the Portal is subject to these Terms of Use.
2.3 Under these Terms of Use, sennder only provides the Carrier with access to the Portal. There shall be no obligation of sennder or any of its affiliates to commission the Carrier to execute transport agreements or provide any transport offers on the Portal.
3. Registration
3.1 The Portal is only accessible for registered users that have been authorized by sennder (“Registration”). sennder is entitled to reject applications for Registration to the Portal in its own discretion without stating reasons.
3.2 Registration is only permitted for independent merchants, businesses, and commercial entrepreneurs in the exercise of their independent or commercial activity within the meaning of Sec. 14 German Civil Code (BGB). Minors and consumers are not permitted to register on the Portal. In case of a legal entity, the Registration shall be performed by a natural person with full legal capacity and power of representation, hereby confirming their entitlement to legally represent the Carrier.
3.3 Registration will be refused or an existing Carrier account suspended, in particular, in the following cases:
a) Incomplete or inaccurate information provided by the Carrier in the Registration or Vetting process,
b) Incomplete or insufficient regulatory approvals, licenses, insurance, or certifications,
c) Listing of the entity, its owners, directors, or beneficial owners on national or international sanctions lists,
d) Reasonable suspicion of money laundering, terrorism financing, or other illegal activities,
e) Existence of insolvency proceedings or similar procedures,
f) Violation of these Terms of Use, or
g) Endangerment of the security, integrity, or reputation of the Portal or sennder.
3.4 If a user has applied for Registration via the Portal, sennder shall confirm receipt of the application by sending a confirmation email asking the user to activate the account. The confirmation is merely an information about the receipt of the application for Registration and does not constitute an acceptance of the Registration.
4. Vetting
4.1 Once a user has provided all information and documents requested by sennder, sennder will review the application (“Vetting”). Vetting may take a reasonable time and sennder reserves the right to request additional information or documents.
4.2 If sennder deems the Registration to comply with the requirements set out in Section 3 and there are no other reasons to reject the Registration, sennder will activate the requested access and notify the Carrier by email. This email shall be deemed acceptance of the Registration. Upon receipt of the email, the Carrier is entitled to use the Portal within the scope of these Terms of Use.
4.3 The Carrier is obliged to inform sennder without undue delay if any circumstances relevant to the Registration and Vetting process change. sennder may conduct regular verifications, in particular regarding sanctions list entries, validity of licenses, and other regulatory requirements. The Carrier agrees to provide any reasonably required information and documents for that purpose.
5. Access credentials
The Carrier is responsible for maintaining the confidentiality of their access credentials and undertakes to implement appropriate measures to prevent unauthorized use of their account. Any use of the Portal under the Carrier’s access credentials shall be treated as authorized actions of the Carrier (without affecting the liability of the unauthorized user).
6. Obligations of the Carrier
6.1 The Carrier is obliged to keep the data submitted during Registration and Vetting (including contact details, fleet information, licenses, and insurance details) up to date. In case of a change to any data, the Carrier shall correct the data within the Carrier profile without undue delay or, if this is not possible, inform sennder in text form (e.g., email to the carrier contact manager) without undue delay.
6.2 The Carrier acknowledges that sennder does not guarantee or warrant uninterrupted availability of the Portal and temporary restrictions or interruptions may occur due to technical failures (e.g., interruption of power supply, hardware and software faults, technical problems in the data lines) and planned or unplanned maintenance. The Carrier will set up and maintain the necessary data backup measures as required in its own discretion.
7. Scope of services
7.1 The Portal allows the Carrier to conclude transport agreements, find suitable loads, make offers for transports, and manage the transport agreements in one place. The Portal is provided free of charge to the Carrier, unless a functionality is clearly marked as paid.
7.2 Transport agreements are concluded via the Portal between the Carrier and the legal entity managing the respective load, which may be sennder or an affiliate of sennder (“Freight Forwarder”). The name and the applicable terms and conditions of the respective Freight Forwarder will be displayed to the Carrier in the booking process on the Portal.
7.3 The Carrier can enter into transport agreements via the Portal by (i) auction (“Bidding”), (ii) booking a fixed price (“Book Now”), and (iii) accepting individual assignments (“Assignment”).
a) Bidding: Loads are offered on the marketplace in the Portal by the Freight Forwarder. The placement of a load in the Portal does not constitute a binding offer to enter into a transportation contract, but an invitation to the Carrier to submit an offer. If the Carrier submits a bid, that bid constitutes a binding offer that may be accepted or rejected by the Freight Forwarder. The Carrier may withdraw its bid at any time until it is accepted. If the Freight Forwarder rejects the offer, the Freight Forwarder can send the Carrier an offer that the Carrier can accept or reject. The offer is binding only until the Freight Forwarder has accepted a bid on that load from a different carrier or withdrawn the offer. The Freight Forwarder is not obliged to accept any offer from the Carrier, even if the offer is the lowest.
b) Book Now: The Freight Forwarder may offer loads on the marketplace with a specified fixed price. By clicking the button to book the load (‘Book now’), the Carrier accepts this offer and concludes the transport agreement. The Freight Forwarder may withdraw its offer at any time until it is accepted.
c) Assignment: The Freight Forwarder may offer loads on the marketplace specifically to the Carrier with the assignment function that the Carrier can accept or reject. Loads may be assigned manually by the Freight Forwarder or automatically based on pre-determined parameters. The offer is binding only until the Freight Forwarder has received a bid on that load from a different carrier or withdrawn the offer.
d) In each case, the Carrier will receive an order confirmation email from the Freight Forwarder stating the order details and the applicable terms and conditions.
7.4 The Freight Forwarder may delete a load from the Portal or withdraw an offer at any time prior to the conclusion of a transport agreement.
7.5 sennder may offer access to additional services in relation to the loads or fleet of the Carrier via the Portal. These services may be subject to different or additional terms and conditions of the respective service provider which will be displayed to the Carrier in the booking process on the Portal.
8. Rating (sennScore)
8.1 sennder will monitor and rate the Carrier’s services based on its service quality and reliability (“sennScore”). The Carrier’s sennScore is only visible to sennder and the respective Carrier, not to any other party.
8.2 The sennScore is calculated on a scale of 0.0 to 5.0 (with 5.0 being the highest score) based on an internal rating system taking into account several data points relevant for service quality and reliability of carriers (e.g., GPS coverage, on-time performance, acceptance rate, disruptions) for a pre-determined rolling time period (e.g., previous six week). The sennScore is not calculated if the number of loads performed by the Carrier in the relevant time period is below a minimum threshold. The Carrier can see the relevant metrics and calculation of the sennScore in the Portal. The calculation method may be updated from time to time in sennder’s own discretion.
8.3 sennder may use the sennScore of a Carrier to decide about the selection of the Carrier for transport agreements or preferred partnerships. Some booking options (e.g., “Book Now”) may not be available for Carriers with a low sennScore or no sennScore.
9. Modification of services
sennder is entitled to change the functionality of the Portal, add or remove features, and add new or discontinue previous free or paid features of the Portal at any time. The Parties agree that these Terms of Use apply to the Portal as it is provided by sennder to Carrier from time to time and sennder shall not be obliged to keep certain functionality or features.
10. Rights to the Portal
The Portal, its content and functions are protected by copyright and other intellectual property rights and are the property of sennder or other third parties who have made the respective content available. The Carrier may only use the Portal, its content and functions in accordance with these Terms of Use as well as within the specific instructions in the Portal. The Carrier is not granted any rights, title, or interest to the Portal.
11. Carrier Content uploaded to Portal
11.1 The Portal may provide the Carrier with the option to upload content in relation to loads or its fleet (e.g., proof of delivery, insurance certificates, etc.) to the Portal (“Carrier Content”). Carrier Content shall include location data (e.g., GPS tracking of trucks) made available by the Carrier on the Portal, whether uploaded by the Carrier or automatically transmitted by the Carrier or by a third party on behalf of the Carrier (“GPS Data”).
11.2 The Carrier hereby grants sennder a worldwide, perpetual, royalty-free, transferable, and sublicensable right to use such Carrier Content for the purpose of providing the Portal and managing the transport agreements concluded via the Portal. This right includes, but is not limited to, the right to store the Carrier Content, create archive or backup copies, make it publicly available, and grant rights to use to affiliates of sennder and to third parties in accordance with Section 13. In addition, sennder may use GPS Data to provide visibility and status updates to shippers, manage and monitor transports, in particular to identify incidents and ensure compliance with contractual and legal requirements, optimize route planning and logistics operations, recommend loads to carriers, analyze performance metrics and create statistical reports, and improve sennder’s services.
11.3 If the Carrier removes previously uploaded Carrier Content from the Portal, the rights granted to sennder shall expire. sennder shall, however, remain entitled to retain copies or excerpts made for security and/or verification purposes.
11.4 The Carrier is fully responsible for any Carrier Content uploaded to the Portal. The Carrier shall not upload any Carrier Content that
a) includes viruses, trojans, and other harmful files,
b) violates applicable laws or promotes the violation of applicable law,
c) is fraudulent or faked or otherwise not authentic,
d) defames sennder or third parties,
e) infringes the rights of third parties, including the copyrights and trademarks of sennder, its affiliates, and other third parties, or that the Carrier otherwise does not have the right to upload to the Portal and grant the rights to sennder as set out above,
f) is offensive, sexually explicit, obscene, or defamatory or suitable to promote or support racism, fanaticism, hatred, physical violence, or illegal acts (in each case explicitly or implicitly) or violates common decency or accepted principles of morality, or
g) is outside of the scope of service the Portal is intended for.
11.5 The Carrier shall fully indemnify and hold harmless sennder from any damages, costs, and expenses (including reasonable attorney fees) arising out of or in connection with the Carrier’s failure to comply with these obligations. This shall not apply in case of a non-culpable violation of these obligations.
11.6 sennder reserves the right to (a) refuse the upload of content and/or (b) edit, block, or remove Carrier Content that has already been uploaded if the upload of the Carrier Content or the Carrier Content itself is in violation of these Terms of Use or applicable law. sennder will notify the Carrier of such restrictions via email or the Portal.
12. Portal Content available on the Portal
12.1 The Portal may provide the Carrier with the option to access content in relation to loads or its fleet (e.g., CMR data, health, safety, security & environmental data, customs documents, delivery access information, etc.) via the Portal (“Portal Content”).
12.2 sennder hereby grants the Carrier a worldwide, perpetual, and royalty-free right to retrieve and display such Portal Content for the purpose of using the Portal and executing the transport agreements concluded via the Portal, and to download or print out or otherwise use the Portal Content for that purpose where the Portal explicitly offers such functionality (e.g., by means of a download button).
12.3 sennder does not verify the completeness, accuracy, and legality of Portal Content and therefore assumes no responsibility or warranty for the completeness, accuracy, and legality of Portal Content. If the Carrier becomes aware of any Portal Content that they deem to violate these Terms of Use or applicable law, the Carrier may notify their carrier contact manager.
13. Prohibited activities
13.1 The Carrier shall not:
a) scrape Portal Content or use the Portal or its content for text and data mining,
b) remove or change copyright notices, logos, and other marks or protective notices in the Portal,
c) edit, change, present, publish, exhibit, reproduce, make publicly accessible or broadcast the Portal Content, unless in accordance with these Terms of Use or expressly made available as a functionality on the Portal,
d) decompile, disassemble, reverse-engineer, or otherwise derive the source code, algorithms, structure or organizational form of the Portal or individual functions of the Portal, unless allowed by applicable law, and
e) take any action that interferes or is likely to interfere with the smooth operation of the Portal, in particular load or stress testing, penetration testing, or denial of service attacks.
13.2 The Carrier must not use the Portal for:
a) competitions, raffles, barter transactions, advertisements, or snowball systems,
b) sending unsolicited communication or obtaining contact information for that purpose,
c) distributing viruses, trojans, and other harmful files,
d) offering or advertising content, services, and/or products that violate applicable laws and/or are outside of the scope of service the Portal is intended for (e.g., pornographic content, fraudulent services, services that violate youth protection laws or data protection laws),
e) offering or advertising content, services, and/or products that infringe the rights of third parties,
f) offering or advertising content, services, and/or products that are offensive, sexually explicit, obscene or defamatory or suitable to promote or support racism, fanaticism, hatred, physical violence or illegal acts (in each case explicitly or implicitly).
13.3 The Carrier shall fully indemnify and hold harmless sennder from any damages, costs, and expenses (including reasonable attorney fees) arising out of or in connection with the Carrier’s failure to comply with these obligations. This shall not apply in case of a non-culpable violation of these obligations.
14. Blocking of access
14.1 sennder may temporarily block the Carrier's access to the Portal if there are concrete indications of a breach of these Terms of Use and/or applicable law, or to protect the security, integrity, or reputation of the Portal or sennder. In case of a blocking, sennder shall take due account of the legitimate interests of the Carrier and notify the Carrier via email.
14.2 The blocking of access shall not affect the rights, obligations, and liabilities of the Parties which have arisen up to the time of the blocking, including the right to damages for breach of these Terms of Use that already existed at that time.
14.3 sennder will reactivate the access of the Carrier within a reasonable period after the reason for the blocking is remedied.
15. Data protection
15.1 When using the Portal, sennder may process data of the Carrier. To the extent such data is considered personal data under applicable data protection and privacy laws, the Privacy Policy of sennder applies. If sennder processes the personal data based on the consent of the Carrier, the Carrier can revoke such consent at any time.
15.2. The Carrier acknowledges that sennder may monitor usage to the extent permitted by law, in particular to detect illegal activity, criminal offenses, or violations of these Terms of Use. This may include the logging of IP connection data and tracking of usage behavior as well as their analysis.
16. Limitation of liability
16.1 sennder shall be liable without limitation for (i) wilful misconduct and gross negligence, (ii) harm to life, body, or health, (iii) guarantees or indemnities expressly given by a Party, and (iv) where a limitation of liability is excluded by applicable statutory law.
16.2 sennder shall not be liable for loss of profit, loss of use, loss of contract, or any other indirect or consequential damages.
16.3 sennder shall be liable for any culpable breach of material contractual obligations (Kardinalpflichten) (“Cardinal Obligations”). In the event of a slightly negligent (einfache Fahrlässigkeit) breach of Cardinal Obligations, the liability shall be limited to the typically foreseeable damage. Any other liability of sennder shall be excluded.
16.4 For the avoidance of doubt, the liability for transports ordered via the Portal shall be solely governed by the terms of the respective applicable transportation agreement.
16.5 sennder shall not be liable for damages to the extent caused by (i) actions or omissions of the Carrier (e.g., if the damage could have been prevented by reasonable data backup measures) or (ii) network failures for which sennder is not responsible.
17. Term and termination
17.1 These Terms of Use shall be effective from their acceptance by the Carrier on the Portal and apply for an indefinite period of time (“Term”).
17.2 Either Party can terminate these Terms of Use for good cause. A good cause for sennder exists, in particular, (i) if the Carrier violates Sections 3.3 or 13, or (ii) if the Carrier repeatedly fails to execute loads in accordance with the respective transport agreement or otherwise engages in serious misconduct (e.g., fraud, theft of goods, unauthorized subcontracting). If sennder terminates for good cause, the Carrier will be prohibited from registering for a new account on the Portal for a reasonable time.
17.3 The Carrier can terminate these Terms of Use for convenience at any time without notice period in text form (e.g., email) to sennder or by deleting their Carrier profile via the Portal.
17.4 sennder can terminate these Terms of Use for convenience at any time by giving fourteen (14) days' notice in text form (e.g., email) to the Carrier.
17.5 The termination of these Terms of Use shall not affect any transport agreements between the Carrier and sennder, sennder’s affiliates, or third parties entered into prior to the termination via the Portal. To the extent access to the Portal is required to complete these transports or submit legally or contractually required documents (e.g., proof of delivery), these Terms of Use will continue to apply for such limited access.
18. Amendments
18.1 sennder reserves the right to amend these Terms of Use to the extent necessary to adapt to changed legal or technical circumstances or if the amendments are solely advantageous for the Carrier. In no event shall sennder be entitled to introduce a price to access the Portal or otherwise change the fundamental balance of these Terms of Use without the explicit approval of the Carrier.
18.2 Any amendments will be communicated to the Carrier in text form (e.g., by email) at least four (4) weeks before they take effect. If the Carrier does not object to the amendments (e.g., by responding to the email or notifying sennder as described in the amendment notification) within fourteen (14) days after receipt of the amendment notification, the consent to the amendments shall be deemed granted. The Carrier will be informed of this legal consequence in the amendment notification.
18.3 In case of a timely objection by the Carrier, the previous Terms of Use shall continue to apply unchanged. However, in this case, sennder shall have the right to terminate these Terms of Use with effect on the date on which the planned amendment should have taken effect and suspend the Carrier’s access to the Portal.
19. Governing law and jurisdiction
19.1 These Terms of Use and any contractual rights and obligations arising out of or in connection therewith shall be governed by, and construed in accordance with, the laws of Germany, without regard to the United Nations Convention on Contracts for the International Sale of Goods (CISG).
19.2 For all legal disputes arising out of or in connection with these Terms of Use or its validity, the competent courts in Berlin, Germany, shall have exclusive jurisdiction. The place of fulfillment is Berlin, Germany.
If you want the previous version of this document, you can find it archived here: https://www.sennder.com/en/pages/terms-orcas-en-july-10th-2025