Terms of Use

These Terms of Use apply to any use of Fyndaro’s digital platform, including the website, dashboards, chat, AI functionalities, assisted matching, API integrations, support and paid services.

Fyndaro operates a technology platform that connects professional drivers and transport companies. Unless expressly agreed otherwise in writing, Fyndaro is not an employer, temporary employment agency, payroll organisation, secondment agency, formal employment intermediary in the legal sense, or a party to agreements between users.

By registering, using the platform or purchasing services, the user accepts these Terms of Use, the Privacy Policy, the Cookie Policy and all reasonable additional policy documents of Fyndaro.

In the event of conflict between these Terms of Use and a separate written B2B agreement, that separate agreement shall prevail only to the extent the deviation is expressly set out in writing.

Fyndaro: Fyndaro B.V. and its affiliated entities that provide services under the Fyndaro name.

Driver: any natural person who creates or maintains a profile on the platform with the aim of receiving or responding to work-related contact requests, matches or proposals.

Transport company: any company, legal entity or organisation that uses the platform to search for drivers, view profiles, post vacancies or purchase paid services.

User: any driver, transport company, representative, employee or other party that uses the platform.

AI functionalities: all automated or semi-automated systems deployed by Fyndaro for ranking, matching, recommendations, fraud indication, communication support and quality improvement.

Assisted matching: support provided by Fyndaro via chat, review or introductions, where Fyndaro acts in a facilitative capacity without obligation of result and without becoming a party to the underlying relationship.

Fyndaro may make admission subject to registration, verification of identity, company details, contact details, document checks, sanctions or fraud risk screening and other reasonable security or compliance checks.

Users guarantee that all information provided is complete, accurate, current and non-misleading. Material changes must be updated without delay.

Accounts are personal or company-specific and may not be shared, transferred, sold or rented without permission.

Fyndaro may refuse, restrict, suspend or terminate accounts if a user acts in breach of these terms, the law, reasonable integrity standards, or the safety and reputation of the platform.

The platform enables drivers and transport companies to create profiles, search, exchange messages, receive proposals and view or follow up on potential matches.

Fyndaro may deploy AI functionalities to sort profiles, make suggestions, generate suitability indicators, flag inconsistencies and structure communication or support. AI functionalities are tools and not binding or infallible decision-making.

Users can contact Fyndaro directly via chat. Fyndaro may, in response, provide support by bringing relevant drivers or transport companies to attention, facilitating introductions or making suggestions. This support is exclusively facilitative in nature and creates no obligation of result.

Fyndaro does not make decisions on behalf of drivers or transport companies, does not guarantee that a match or proposal is suitable, available, legal or successful, and does not guarantee that parties will conclude, retain or perform an agreement.

Unless agreed otherwise in writing, Fyndaro does not carry out payroll, payroll administration, salary processing, formal contract management or cross-border employment law advice.

Drivers may only post accurate, verifiable and non-misleading profile information, including driving licences, experience, availability, language proficiency and relevant qualifications.

Transport companies are required to represent vacancies, positions, remuneration, work regimes, locations and requirements honestly and without misleading content.

Transport companies remain fully responsible for compliance with applicable legislation and regulations, including employment law, privacy law, anti-discrimination rules, immigration and employment authorisation requirements, collective labour agreement obligations and safety rules.

Users are prohibited from posting misleading, discriminatory, fraudulent, abusive, threatening or unlawful content via the platform, or from using platform data for spam, scraping, unauthorised data collection or competitive exploitation.

Use of the platform by drivers is in principle free of charge, unless Fyndaro introduces specific paid services and informs users of this in advance.

Transport companies may purchase paid services, including subscriptions, premium functionalities, seat licences, credits, sponsored visibility or success fees.

Unless agreed otherwise in writing, all prices are exclusive of VAT and other levies. Invoices must be paid within the stated term. In the event of late payment, Fyndaro may restrict access, suspend services and charge interest and collection costs.

If a success fee is contractually agreed, it becomes due as soon as a driver identified or introduced via Fyndaro or the platform enters directly or indirectly into an employment, trial, assignment or engagement relationship with the transport company or an affiliated party.

Fyndaro strives for a sound, secure and available platform, but does not guarantee that the platform will be uninterrupted, error-free or continuously available.

Disruptions or limitations may arise from, among other things, maintenance, security incidents, cloud or hosting issues, third-party failures, internet outages, software bugs, updates or fraud prevention measures.

Unless agreed otherwise in writing, there are no service levels, response times, uptime guarantees or service credits.

All intellectual property rights in the platform, software, databases, design, ranking logic, AI models, analyses, documentation, trademarks and other materials of Fyndaro vest exclusively in Fyndaro or its licensors.

Users obtain only a limited, revocable, non-exclusive and non-transferable right of use for normal, lawful use of the platform in accordance with these terms.

It is prohibited to copy, decompile, reverse engineer, scrape, mirror, systematically extract or otherwise commercially exploit the platform or any part thereof without Fyndaro’s permission.

To the extent users upload or provide content, they grant Fyndaro a non-exclusive, worldwide and sublicensable licence to the extent reasonably necessary to operate, secure, improve, moderate the platform and provide matching functionalities.

Fyndaro processes personal data and metadata in accordance with the Privacy Policy.

Users guarantee that they are entitled to share the content and personal data they provide with Fyndaro and indemnify Fyndaro in full against claims by third parties arising from unlawful or unauthorised use of such data.

Fyndaro may moderate, block, remove or render inaccessible messages, profiles, vacancies or other content if reasonably necessary for safety, compliance or enforcement of these terms.

Fyndaro is only liable for direct damage that is the direct and exclusive result of an attributable shortcoming or unlawful act by Fyndaro, provided the user notifies Fyndaro promptly and properly in writing and grants Fyndaro a reasonable period to remedy the situation, unless performance has become permanently impossible.

All liability of Fyndaro for indirect damage is excluded. Indirect damage includes in any event consequential loss, loss of profit, missed savings, loss of opportunities, reputational damage, loss of revenue, loss of data, loss of goodwill, business disruption and damage arising from decisions based on AI output or user-generated content.

Fyndaro is in particular not liable for the accuracy or legality of user content, the quality or reliability of drivers or transport companies, whether or not relationships between users come into existence or continue, non-compliance with employment or privacy legislation by users, or disruptions and incidents at external hosting, cloud, telecom, payment or software suppliers.

For free users, including drivers to the extent no paid agreement exists, the total cumulative liability of Fyndaro is limited to EUR 1,000 per event and EUR 2,500 per calendar year.

For transport companies with a paid agreement, the total cumulative liability of Fyndaro is limited to the lower of: (i) the amount actually paid by the transport company to Fyndaro in the twelve months preceding the loss-causing event, or (ii) EUR 25,000 per calendar year.

If and to the extent Fyndaro’s liability insurer pays out a lower amount in a specific case, liability is additionally limited to the amount actually paid out plus the excess borne by Fyndaro for its own account, unless mandatory law provides otherwise.

The limitations set out in this article do not apply to damage caused by intent or deliberate recklessness on the part of Fyndaro’s management, to the extent limitation thereof is not legally permitted.

Rights of action lapse if a user does not notify Fyndaro of their claim in writing, with substantiation, within twelve months of discovering the damage.

Users indemnify Fyndaro, its group companies, directors, employees, contractors and licensors in full against claims, fines, damages, costs and reasonable external legal costs arising from breach of these terms, unlawful or misleading content, breach of privacy, employment, immigration, tax or other legal obligations by the user, misuse of personal data or claims between drivers and transport companies.

This indemnification also covers the costs of defence, investigation and settlement, to the extent reasonable and conducted in consultation.

Users are responsible for secure passwords, device security, access management within their organisation and preventing account misuse.

Users must report security incidents, suspected account compromises, fraudulent approaches and privacy incidents to Fyndaro without delay.

In the event of security incidents, Fyndaro may block accounts, terminate sessions, enforce resets, freeze content and take other reasonable measures.

Users may terminate their account via the available functionalities or by written request to Fyndaro, without prejudice to any payment obligations already incurred.

Fyndaro may suspend or terminate accounts or agreements in whole or in part with immediate effect in the event of breach of these terms, non-payment, fraud indicators, security risks, reputational damage, legal prohibition or other reasonable grounds.

Provisions that by their nature are intended to survive, including liability limitations, indemnifications, intellectual property and governing law, shall remain in full force and effect.

These Terms of Use, all related agreements, use of the platform and disputes are governed exclusively by Dutch law.

The applicability of the Vienna Convention on Contracts for the International Sale of Goods is excluded.

Disputes shall be submitted exclusively to the competent court in the district where Fyndaro has its registered office, unless mandatory law designates a different court.

This annex applies only to the extent that Fyndaro, in the provision of specific services to a transport company, acts as a processor within the meaning of Article 28 GDPR. For the majority of the standard platform relationship, Fyndaro acts as an independent data controller for the operation, security and improvement of the platform, and the transport company acts as an independent data controller for recruitment and employer decisions.

To the extent Fyndaro processes personal data exclusively on behalf of and solely at the instruction of a transport company outside its own processing purposes, the following arrangements apply:

• •Subject and duration: processing during the term of the relevant services for hosting, accessing, structuring, supporting and securing matching and communication functionalities.
• •Categories of data and data subjects: drivers, contact persons at transport companies and other platform users; data such as name, contact details, profile information, qualifications, communication data, technical identifiers and usage data.
• •Instructions: Fyndaro processes personal data exclusively on documented instructions from the transport company, unless a legal obligation requires otherwise. Manifestly unlawful instructions may be refused.
• •Confidentiality: persons with access to personal data are contractually or legally obliged to maintain confidentiality.
• •Security: Fyndaro implements appropriate technical and organisational measures in accordance with Article 32 GDPR, including access control, logging, monitoring, backup, recovery procedures, incident management and supplier management.
• •Sub-processors: general consent for necessary sub-processors, including cloud, hosting, communication, support and analytics providers. Upon request, Fyndaro provides a current list of material sub-processors.
• •Transfers outside the EEA: Fyndaro applies appropriate transfer mechanisms where necessary, such as standard contractual clauses or other legally recognised safeguards.
• •Assistance: Fyndaro provides reasonable assistance with data subject requests, DPIAs, data breach notifications and consultations with supervisory authorities, to the extent relating to Fyndaro’s role as processor.
• •Data breaches: Fyndaro reports a relevant breach without undue delay after becoming aware of it and provides reasonably available information.
• •Audit: once per year and only with concrete reasonable justification, at the auditor’s own cost, with reasonable prior notice and under strict confidentiality. Available audit reports may reasonably replace a physical audit.
• •Return or deletion: after termination of the relevant processing services, Fyndaro deletes or returns personal data to the extent reasonably possible, subject to statutory retention obligations, backup cycles, dispute preservation and own processing purposes for which Fyndaro acts as an independent controller.

Fyndaro uses AI functionalities and automated or semi-automated decision support to improve platform experience, ranking, matching and operational efficiency. These systems are tools and not a substitute for human judgement, employer responsibility, due diligence or legal advice.

AI output may be incomplete, inaccurate, outdated, context-sensitive, probabilistic, non-explainable or otherwise fallible. Users are responsible for verifying all relevant facts, documents, eligibility criteria and legal requirements before acting on the basis of a proposal, score or recommendation.

Fyndaro does not guarantee that AI systems are bias-free, error-free, non-discriminatory in every context, continuously available or fit for any specific purpose. Transport companies remain fully responsible for their own selection, employment and compliance decisions.

To the extent automated profiling or personalisation takes place, this is done to support matching, ease of use, fraud prevention and product improvement. Fyndaro reserves the right to change logic, parameters, models and workflows provided this is done in accordance with applicable privacy legislation.

Users shall not place exclusive reliance on AI output and acknowledge that human review, additional checks and independent judgement may be necessary. Fyndaro is not liable for damage arising from the use, disregarding, misinterpretation or implementation of AI output, except in cases of intent or deliberate recklessness on the part of Fyndaro’s management and to the extent mandatory law provides otherwise.

To the extent future legislation and regulations require additional transparency, logging, risk management or governance obligations with regard to AI systems, Fyndaro may adapt its processes, documentation and contractual terms to comply with those obligations.