Free Trial Terms and Conditions
Last Revised: September 24th, 2025
These Free Trial Terms and Conditions (the “Free Trial Terms”), constitute a binding agreement (the “Agreement”) between Xeneta AS, a company registered in Norway with business registration number NO 915 736 076 and with its business address at Biskop Gunnerus gate 14A, NO-0185 Oslo, Norway (“Xeneta”) and the legal entity indicated in the Trial Form (the “Customer”). Any references to 'you' and 'your' in this Agreement refer to the individual accepting these terms on behalf of the legal entity they represent.
1. Definitions
“Aggregated Data” means Customer Data and Xeneta’s customers’ data that has been processed pursuant to Xeneta's methodology (including data cleaning, analysis, standardization, and anonymization), which has been aggregated with data from other sources.
“Confidential Information” means The Product(s), the Information, as well as the Intellectual Property Rights and the content of this Agreement and other data, information, or material provided by Xeneta and Customer Data (as defined below).
“Customer Data” means Customer's rate prices consisting of its costs for ocean and/or air freight from one point to another, including, when applicable, all relevant surcharges.
“Free Trial” means any Products, Platform, and Information provided or made available by Xeneta to the Customer on a free trial basis, for the period indicated in the Trial Form.
“Information” means The Products and all data, material and information made available to the Customer.
“Intellectual Property Rights” means all patents, copyrights, design rights, trademarks, service marks, trade secrets, know-how, database rights, and other rights in intellectual property rights (whether registered or not) and all applications for the same which may exist now, or in the future, as well as the goodwill vested therein.
“Trial Form” means the form issued by Xeneta which states the trial period and the Products.
“Platform” means the software available at app.xeneta.com.
“Products” means the products and/or services provided by Xeneta on a free trial basis.
2. Access to the Free Trial
2.1. The Customer will have access to the Free Trial for the Term indicated in clause 8.1 of this Agreement.
3. Limitation on Use
3.1. Customer shall use the Products in compliance with all applicable laws and regulations, including competition laws. Information sharing that may restrict, distort, or prevent competition is strictly prohibited.
3.2. Customer undertakes to:
a. Limit the use of information for its own business operation. If the Customer wishes to make any other use of Xeneta's Information, Customer must obtain prior written permission from Xeneta;
b. not disseminate Information to a third party, except if it is:-
- in a limited manner, g., screenshots for a specified period;
- clearly referencing Xeneta as the source; and
- linked to a specific context, g., in negotiations with suppliers and internal reporting.
c. not to or enable others to copy (except as expressly permitted by this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works from the Products and/or Information;
d. not use any automatic services (robots, spiders, or indexation) or other ways of systematic use of the Information; and
e. not share licenses. All access to Xeneta Products shall be through a license assigned to an authorized user for the duration of the Free Trial. The Customer may transfer licenses among authorized users, but licenses shall not be shared between them.
3.3. Any of Customer’s use of Information or the Platform that, in Xeneta’s reasonable judgement (i) threatens the security, integrity, confidentiality, or availability of the Products or the Platform, or (ii) violates applicable law, may result in the immediate suspension of Customer’s and all authorized users’ access.
4. Representations
4.1. Customer undertakes to exercise its reasonable efforts to ensure that the Customer Data, when provided to Xeneta, is accurate and not misleading. If Customer identifies a mistake, Customer undertakes to promptly inform Xeneta. Additionally, Customer warrants that it has the right to legally share the Customer Data with Xeneta.
4.2. Xeneta relies on the quantity and quality of the original data that is provided by its customers, which is outside of Xeneta’s control. While Xeneta uses detection systems, the Information is provided “as is” without warranties. It is intended for general informational purposes and may become outdated at any time. Xeneta will use commercially reasonable efforts, consistent with prevailing industry standards and practices, to maintain the availability of Product(s) and the Platform. Nonetheless, the Platform and/or the Product(s) may be temporarily unavailable for (i) scheduled maintenance, (ii) unscheduled emergency maintenance, or (iii) causes beyond Xeneta's reasonable control, and Xeneta is not obliged to provide any notice to the Customer.
5. Intellectual Property Rights
5.1. Xeneta is the owner and the licensor of the Platform and the underlying technology, the Information and the Products provided during the Free Trial, including all Intellectual Property Rights vested in, related to, or derived from the same. Xeneta grants Customer a non-exclusive, non-transferable license for the Term defined in clause 8.1. below and on the terms and conditions of this Agreement to use the Product(s) to download, store, transmit, display, and copy Information and the Intellectual Property Rights inherent in the same, as expressly agreed in this Agreement.
6. Confidentiality
6.1 Each party agrees to keep Confidential Information strictly confidential and will not disclose it to any third party without obtaining prior written consent from the other party. However, Xeneta may disclose the Confidential Information on a legitimate basis, as long as such recipients are bound by equivalent confidentiality obligations. Any unauthorized use or disclosure must be reported promptly. These obligations do not apply to information that is public, lawfully obtained, or independently developed without reference to the Confidential Information provided by the disclosing party.
7. Indemnity and Limitation of Liability
7.1. Xeneta will defend and indemnify Customer against any third-party claims alleging (i) breach of Xeneta’s confidentiality obligations under this Agreement; or (ii) that Xeneta’s technology used to provide the Products infringes a valid patent, copyright, trademark, or trade secret. This indemnity does not apply to claims arising from: (a) use of the Products not in accordance with this Agreement; (b) modifications not made by Xeneta; (c) combinations with products or services not provided by Xeneta; (d) Customer Data (when Customer Data is provided to Xeneta); or (e) Customer’s gross negligence, willful misconduct, or legal violations. Customer will defend and indemnify Xeneta against any third-party claims arising from (i) a breach of Customer’s confidentiality obligations, (ii) Xeneta’s use of Customer Data (when Customer Data is provided to Xeneta) as permitted under this Agreement, or (iii) Customer’s violation of the usage restrictions in this Agreement. This indemnity excludes claims resulting from Xeneta’s gross negligence, willful misconduct, or breach of this Agreement. The party seeking defense and/or indemnification will give the other party prompt notice of the claim and will not settle any such claim without the prior written consent of the other party (which will not be unreasonably withheld).
7.2. To the fullest extent permitted by applicable law, and except as otherwise provided in this clause 7.2: (a) neither party, nor its affiliates, employees, agents, contractors, officers, or directors, shall be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, and (b) in no event shall Xeneta’s cumulative and aggregate liability under this Agreement exceed one thousand U.S. dollars (USD $1,000) (the “Exclusions”). The Exclusions do not apply to a party’s obligation of indemnification under Clause 7.1, to liability resulting from Customer’s breach of Limitation on Use under Clause 3, to liability resulting directly from a party’s gross negligence, willful misconduct, criminal acts, or fraud, and to liability which, by applicable law, cannot be limited.
8. Term and Termination
8.1. The term of this Agreement ("Term") begins on the start date set out in the Trial Form and continues until the earlier of (i) the end date in the Trial Form, (ii) the start of the paid subscription, or (iii) termination as provided herein. Either Party may terminate this Agreement at any time, and, concerning the termination by the Customer, by giving written notice to Xeneta. Upon termination, all rights and obligations end, except those that by nature should survive, such as confidentiality, IP, data rights, indemnification, and liability limitations.
9. Notices
9.1. All notices to Xeneta under the Agreement must be given in writing to Postboks 9344 Grønland, 0135 Oslo, Norway, or electronically to legal@xeneta.com.The Customer hereby accepts that any communication from Xeneta under the Agreement may be electronic. Xeneta may hereunder contact and give notices by email and/or by posting notices on the Platform. Each party shall notify the other of any change in the contact details.
10. Personal Data
10.1. The Customer agrees that no personal data will be included in the Customer Data. Xeneta will only obtain such personal data as required for the account registration process, which might include certain personal information, such as name, e-mail address, phone number, position, country, location, and/or company. Any personal data collected will be processed in accordance with Xeneta’s applicable privacy policies and data protection laws, especially GDPR.
11. Customer Data
11.1. If the Customer provides any Customer Data to Xeneta, the Customer retains full ownership of that data, subject to Xeneta’s right to create the Aggregated Data as stated herein. Xeneta is expressly authorized to process this Customer Data using its methodology to create Aggregated Data. Xeneta may create, generate, analyze, and use the Aggregated Data as part of its Products, distribution in general benchmarking data and industry reports, advertising, marketing, and promotion of networking opportunities to other and prospective customers. Xeneta will exclusively own all rights to the Aggregated Data. Products that are accessed by Xeneta’s customers shall only contain Aggregated Data.
12. Entire Agreement
12.1. The Agreement and any document or otherwise expressly referred to in the Agreement represents the entire agreement between Xeneta and the Customer in relation to the subject matter of the Agreement and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. The Customer acknowledges that any term or condition stated in a Customer purchase order or any other document provided by Customer is hereby deemed null, void, and of no effect.
12.2. If, following the Free Trial, Customer elects to get the subscription of Products, an order form shall be issued by Xeneta and executed between the Parties, which will be governed exclusively by Xeneta Terms of Service, available at https://www.xeneta.com/terms-of-service, which shall fully replace and supersede these Free Trial Terms in all respects.
13. Governing Law and Jurisdiction
- This Agreement is governed by Norwegian law. Any disputes not resolved through negotiation within 14 days shall be submitted to the Oslo District Court (Oslo tingrett), Norway, as the agreed legal venue.