Regulations for Provision of Services by Electronic Means
Effective from: April 28, 2026. Replaces the version dated September 28, 2025, which was amended to include regulations related to the service provider's applications and API.
§ 1. General Provisions
- This Terms of Service document defines the rules and conditions for the provision of electronic services by DGSA drs. D. Kociemba headquartered in Eindhoven, Spalaan 6, 5628 ZG, Netherlands, KVK: 95907130, VAT ID: NL005178103B20 (hereinafter referred to as the "Service Provider").
- These Terms apply to the services provided through the Service Provider's entire digital ecosystem (hereinafter collectively referred to as the "Services"), which includes:
• ADR Application and API: available at app.kocie.mba;
• EDI Application: available at edi.kocie.mba;
• Store: available at adr-egzamin.pl and
• Moodle Platform: available at learn.noviqa.group. - Every natural person, legal entity, or organizational unit using the Services (hereinafter referred to as the "User" or "Customer") is obligated to read and comply with these Terms.
- Issues related to the protection of personal data (including anonymized Cookieless analytics) are regulated in a separate document – the Privacy Policy, which is compliant with GDPR requirements. Acceptance of these Terms is equivalent to acknowledging the Privacy Policy.
- Contact with the Service Provider is possible via e-mail at: damian@kocie.mba.
- The Service Provider also ensures the accessibility of its services for persons with disabilities. Users who are unable to use electronic communication may contact us by phone at: +48 728 719 527.
§ 2. Definitions
- ADR Application – utility-class software used for the quick verification of ADR Agreement provisions, calculation of exemptions (1.1.3.6), checking tunnel categories, and tariffing of violations.
- EDI Application – transport documentation generator, available at edi.kocie.mba.
- Training – an educational service in digital form (online course) offered for purchase in the Store.
- Store – the e-commerce module through which Customers can purchase Training.
- Moodle Platform – the e-learning system where purchased Training is made available.
- Business Day – any day from Monday to Friday, excluding statutory public holidays in the Netherlands.
§ 3. Terms of Use for ADR and EDI Applications
- Access to the basic features of the applications is free; however, to protect infrastructure stability and prevent abuse, the following daily limits apply to Users utilizing public access:
• ADR Application: a limit allowing the querying of a maximum of 50 UN numbers per day.
• EDI Application: allows the generation of transport documents compliant with the ADR Agreement, with the strict exclusion of Class 1 goods (explosive substances and articles) and Class 7 goods (radioactive material). In the free variant, the User may generate document(s) comprising a total maximum of 5 items (UN numbers) per day. - Exceeding the above limits and utilizing unlimited access to the ADR Application and EDI Application (including API access) requires a special authorization key (VIP Token). These tokens are provided by the Service Provider under separate contractual terms (B2B).
- A User utilizing the Application and the EDI generator is obligated to input data consistent with the actual factual state of the possessed cargo.
- The Application's database and API architecture constitute the exclusive intellectual property of the Service Provider. It is strictly prohibited to, among other things:
• use automated tools, bots, or scripts (including so-called web scraping) for the purpose of mass downloading, indexing, or data extraction from the Application or API;
• bypass technical security measures (including query limits – Rate Limiting). - The protection of the Services' infrastructure (in particular app.kocie.mba and edi.kocie.mba) is based on automated mechanisms. Access to the services may be immediately blocked without prior notice as a result of:
• Decisions by Cloudflare algorithms: in the event that global security filters detect unusual network traffic (unusual traffic), DDoS threats, or malicious software;
• The Service Provider's Algorithm (Rate Limiting): in the event of exceeding the established daily limits or detecting activities described in paragraph 4. - The protection mechanism described in paragraph 5 operates based on irreversible one-way encryption (hashing) of IP addresses. The Service Provider neither stores nor has the ability to decrypt the original IP address of a blocked device, and the system verifies limits and imposed blockades solely by comparing encrypted character strings (hashes).
§ 4. Disclaimer of Liability
- Auxiliary tool nature: The ADR Application and EDI Application, despite the application of the highest engineering diligence in the process of normalizing data from source documents, constitute exclusively auxiliary and informational tools. A transport document generated in the EDI Application serves solely as a working draft.
- Lack of binding force: The application does not constitute an official legal interpretation. The only binding source of law regarding the transport of dangerous goods is the current text of the ADR Agreement, relevant national laws, and regulations.
- Exclusion of civil and administrative liability: The Service Provider bears no liability whatsoever for:
• the User's misinterpretation of the results generated by the Application;
• omissions, formal or editorial errors, or inconsistencies of the generated transport document (EDI) with the actual cargo or the requirements of control authorities;
• operational, logistical, and cargo-related decisions made based on data from the Application;
• administrative penalties, fines, vehicle downtimes, or license suspensions resulting from errors in the transport documentation or improper cargo securing;
• system failures, automated access blocks described in § 3, network delays, or database unavailability in conditions lacking Internet access. - The ultimate and complete responsibility for verifying transport conditions, selecting packaging, calculating 1.1.3.6 points, and drafting as well as substantively verifying the physical or electronic transport document always rests on the participant of the transport operation.
§ 5. Purchase of Training in the Store (adr-egzamin.pl)
- To purchase Training, the Customer must be at least 18 years old and a citizen of a European Union Member State or an associated state.
- Access to the purchased Training on the Moodle Platform will be granted within 24 hours from the moment the payment is posted, with this time calculated exclusively in Business Days.
- Access credentials for the Moodle Platform will be sent to the Customer electronically along with a VAT invoice. The invoice is issued in electronic form.
- Payments in the Store are processed through an external payment service provider – Stripe, Inc. Data necessary to process the payment is transmitted directly to Stripe, which acts as an independent data controller. Detailed information can be found in Stripe's privacy policy: https://stripe.com/privacy.
- If the Training concludes with obtaining a physical certificate, shipping within the EU territory is free of charge. Providing a shipping address is equivalent to consenting to share the necessary data with the courier company.
§ 6. Right of Withdrawal
- A Customer who is a consumer generally has the right to withdraw from the purchase agreement within 14 days from the date of its conclusion.
- LOSS OF RIGHT OF WITHDRAWAL: In accordance with EU consumer law, this right does not apply to contracts for the supply of digital content. By placing an order, the Customer explicitly consents to the commencement of the service performance before the withdrawal period expires. Upon the first login to the Moodle Platform and gaining access to the materials, the Customer irrevocably loses the right to withdraw from the contract.
§ 7. Terms of Use for the Moodle Platform
- Upon the first login, the system will force the User to change their password and complete their profile. This data is necessary for verification and the issuance of a certificate.
- Users' passwords are stored in an encrypted database. For security purposes, the system maintains a registry of logins (IP addresses).
- The time to complete the purchased Training is 90 days from the day access is granted (applies to both individual and B2B customers).
- After completing the training, the User's account and certification data are stored for a period of 5 years (legitimate interest – the ability to issue a duplicate).
§ 8. Intellectual Property (Copyrights)
- All databases, source code of the ADR Application, content, graphics, and videos on the Moodle Platform constitute the exclusive intellectual property of the Service Provider.
- The User acquires only a non-exclusive license to use the training materials for their own personal use.
- It is strictly prohibited to share access credentials with third parties, copy, resell, or publicly present the content of the Services. Violation of this point results in an immediate account blockade without the right to a refund.
§ 9. Complaint Procedure
- The User has the right to submit complaints regarding the operation of the Services. Complaints should be submitted to the e-mail address: damian@kocie.mba.
- A valid complaint should contain the name, surname/company name, e-mail address, and a description of the problem. The Service Provider will review the complaint within 14 days. Due to the technical nature of problems, the Service Provider reserves the right to extend this period by an additional 7 days if server verification is required.
§ 10. Final Provisions
- In matters not regulated by these Terms, the relevant provisions of Dutch law shall apply, subject to the mandatory consumer protection laws applicable to the consumer's place of residence.
- The Service Provider reserves the right to introduce amendments to the Terms. Registered Users will be informed electronically of any significant changes at least 7 days before the new provisions come into force.