Terms of Service for the Provision of Electronic Services

Version effective as of 17 August 2026. Replaces the version of 28 April 2026.

Summary of Updates

These Terms of Service were updated on 17 August 2026. The changes compared to the previous version include:

• extending the Terms of Service to cover a new service — the Tacho app (tacho.kocie.mba);
• separating the API as an independent element of the ecosystem, available at api.kocie.mba (previously combined with the ADR Application under app.kocie.mba);
• adding a new § 4, setting out the terms of use for the Tacho app;
• expanding § 5 (Limitation of Liability) to include provisions concerning the Tacho app, including an express statement that the application does not replace a tachograph or any other recording device required by law and does not constitute an official document within the meaning of driver working-time regulations;
• expanding § 9 (Intellectual Property) to cover the source code of the EDI Application and the Tacho app.

§ 1. General Provisions

These Terms of Service set out the rules and conditions for the provision of electronic services by DGSA drs. D. Kociemba, with its registered office in Eindhoven, Spalaan 6, 5628 ZG, the Netherlands, KVK: 95907130, VAT ID: NL005178103B20 (hereinafter: the "Service Provider").

These Terms of Service apply to services provided through the Service Provider's entire digital ecosystem (hereinafter collectively: the "Services"), comprising:

• ADR Application — available at app.kocie.mba;
• API — available at api.kocie.mba;
• EDI Application — available at edi.kocie.mba;
• Tacho app — available at tacho.kocie.mba;
• Shop — available at adr-egzamin.pl;
• Moodle Platform — available at learn.noviqa.group.

Every natural person, legal entity, or organisational unit using the Services (hereinafter: the "User" or "Customer") is obliged to read and comply with these Terms of Service.

Matters relating to the protection of personal data, including the rules for processing data entered by the User in the Tacho app and the EDI Application, are governed by a separate document — the Privacy Policy, compliant with GDPR requirements. Acceptance of these Terms of Service is equivalent to acknowledgement of the Privacy Policy.

The Service Provider may be contacted at: damian@kocie.mba.

The Service Provider ensures the accessibility of its services for persons with disabilities. Users who are unable to make use of electronic contact may instead contact the Service Provider by telephone at: +48 728 719 527.

§ 2. Definitions

ADR Application — utility software for the quick verification of ADR Agreement provisions, calculation of exemptions (1.1.3.6), checking of tunnel categories, and tariffing of violations.

API — a programming interface made available at api.kocie.mba, used by the ADR Application and the EDI Application, as well as by Users holding a VIP Token.

EDI Application — a transport documentation generator, made available at edi.kocie.mba.

Tacho app — a Progressive Web App for recording a driver's driving, working, and rest time in accordance with the logic of Regulation (EC) No 561/2006, made available at tacho.kocie.mba. Data entered by the User in the Tacho app is processed exclusively locally, on the terms described in the Privacy Policy.

Training — an educational service in digital form (online course) offered for purchase in the Shop.

Shop — an e-commerce module through which Customers may purchase Training.

Moodle Platform — an e-learning system on which 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 the ADR Application, the EDI Application, and the API

Access to the basic functions of the ADR Application and the EDI Application is free of charge; however, in order to protect the stability of the infrastructure and prevent abuse, the following daily limits apply to Users accessing the Services publicly:

• ADR Application — a limit allowing queries of up to 50 UN numbers per day.
• EDI Application — allows the generation of transport documents compliant with the ADR Agreement, with the absolute exclusion of Class 1 goods (explosive substances and articles) and Class 7 goods (radioactive materials). In the free tier, the User may generate document(s) covering a total of up to 5 items (UN numbers) per day.

Exceeding the above limits, and unlimited use of the ADR Application and the EDI Application, including the API, requires holding a special authorisation key (VIP Token). These Tokens are made available by the Service Provider on separate contractual terms (B2B).

A User using the EDI Application is obliged to enter data consistent with the actual condition of the cargo held.

The Application database and the API architecture constitute the exclusive intellectual property of the Service Provider. In particular, it is prohibited to:

• use automated tools, bots, or scripts, including web scraping, to mass-download, index, or extract data from the Application or the API;
• circumvent technical safeguards, including request limits (rate limiting).

Protection of the infrastructure of the ADR Application, the EDI Application, and the API is based on automated mechanisms. Access to these services may be blocked immediately, without prior notice, as a result of:

• a decision by Cloudflare's algorithms — where global security filters detect unusual network traffic, DDoS threats, or malicious software;
• the Service Provider's algorithm (rate limiting) — where established daily limits are exceeded or the actions described above are detected.

This mechanism operates on the basis of irreversible, one-way encryption (hashing) of IP addresses. The Service Provider does not store, and has no means of decrypting, the original IP address of a blocked device — the system verifies limits and imposed blocks solely by comparing hashed strings.

The provisions of this paragraph do not apply to the Tacho app, which does not use the API or rate-limiting mechanisms — see § 4.

§ 4. Terms of Use for the Tacho app

The Tacho app is made available to Users free of charge, without daily limits and without the need to hold a VIP Token — the application does not have its own API or server infrastructure, and the mechanisms described in § 3 therefore do not apply to it.

The User is obliged to enter data in the Tacho app consistent with the actual course of their professional activity. The accuracy and completeness of entries remains the User's responsibility — the Service Provider has no means of verifying them, as it has no access to the data entered by the User.

The rules for storing and exporting data entered in the Tacho app, including the option to permanently delete it directly within the application, are described in the Privacy Policy.

The source code and architecture of the Tacho app constitute the intellectual property of the Service Provider on the terms set out in § 9.

§ 5. Limitation of Liability

ADR Application and EDI Application

The ADR Application and the EDI Application, despite the highest degree of engineering diligence applied in normalising data from source documents, constitute auxiliary and informational tools only. A transport document generated in the EDI Application serves solely as a working draft.

The Applications do not constitute an official interpretation of the law. The only binding source of law regarding the transport of dangerous goods is the current text of the ADR Agreement, the relevant national statutes, and regulations.

The Service Provider is not liable for:

• the User's misinterpretation of results generated by the Application;
• omissions, formal or editorial errors, or inconsistencies of a transport document generated by the EDI Application with the actual cargo or with the requirements of inspection authorities;
• operational, logistical, or cargo-related decisions made on the basis of data from the Application;
• administrative penalties, fines, vehicle downtime, or licence suspensions resulting from errors in transport documentation or inadequate securing of cargo;
• system failures, automatic access blocks as described in § 3, network delays, or unavailability of the database in conditions of no Internet access.

Ultimate and full responsibility for verifying transport conditions, selecting packaging, calculating 1.1.3.6 points, and preparing and substantively verifying a physical or electronic transport document always rests with the party to the carriage.

Tacho app

The Tacho app is solely an auxiliary tool for recording a driver's driving, working, and rest time. The application does not replace a tachograph or any other recording device required by law and does not constitute an official document within the meaning of driver working-time regulations. A report generated in PDF format serves solely as a supporting document.

The application's logic reflects the provisions of Regulation (EC) No 561/2006 concerning driving time and rest periods. The application does not take into account the provisions of Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities, including the rules on maximum weekly working time and night work — these regulations vary depending on how they have been transposed in individual European Union Member States.

The application does not constitute an official interpretation of the law. The only binding source of law regarding drivers' driving time and rest periods is the current text of Regulation (EC) No 561/2006, the relevant national provisions, and — as regards working time — Directive 2002/15/EC and its national implementations.

The Service Provider is not liable for:

• the User's misinterpretation of the application's results or indications;
• inaccuracies resulting from incomplete, outdated, or factually incorrect data entered by the User;
• operational decisions made on the basis of data from the application;
• administrative penalties, fines, or other consequences arising from violations of regulations on drivers' driving, working, and rest time, regardless of whether the User used the application;
• loss of data entered by the User, in particular as a result of clearing browser data, or changing or losing a device — this data is stored exclusively locally and is not copied by the Service Provider.

Ultimate and full responsibility for compliance with regulations on drivers' driving, working, and rest time, including the proper maintenance of legally required documentation, always rests with the driver and their employer or principal.

§ 6. Purchase of Training in the Shop (adr-egzamin.pl)

To purchase Training, the Customer must be at least 18 years of age and a national of a European Union Member State or an associated state.

Access to purchased Training on the Moodle Platform will be granted within 24 hours of payment being credited, with this time counted in Business Days only.

Login credentials for the Moodle Platform will be sent to the Customer electronically together with a VAT invoice. The invoice is issued in electronic form.

Payments in the Shop are processed through an external payment service provider — Stripe, Inc. Data necessary to process the payment is transferred 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 results in the issuance of a physical certificate, shipping within the EU is free of charge. Providing a shipping address is equivalent to consenting to the disclosure of the necessary data to the courier company.

§ 7. Right of Withdrawal

A Customer who is a consumer generally has the right to withdraw from a purchase agreement within 14 days of its conclusion.

Loss of the right of withdrawal: in accordance with EU consumer law, this right does not apply to agreements for the supply of digital content. By placing an order, the Customer consents to the commencement of service performance before the withdrawal period expires. Upon first logging in to the Moodle Platform and gaining access to the materials, the Customer irrevocably loses the right to withdraw from the agreement.

§ 8. Terms of Use of the Moodle Platform

Upon first login, the system will require the User to change their password and complete their profile. This data is necessary for verification purposes and for issuing a certificate.

User passwords are stored in an encrypted database. For security purposes, the system maintains a login log (IP addresses).

The time allowed to complete purchased Training is 90 days from the date access is granted (applicable to both individual and B2B customers).

Following completion of the training, the User's account and certification data are retained for a period of 5 years (legitimate interest — the ability to issue a duplicate).

§ 9. Intellectual Property (Copyright)

All databases, the source code of the ADR Application, the EDI Application, and the Tacho app, as well as content, graphics, and videos on the Moodle Platform, constitute the exclusive intellectual property of the Service Provider.

The User acquires only a non-exclusive licence to use the training materials for their own personal use. Exporting one's own data from the Tacho app or the EDI Application (e.g. in JSON or PDF format) does not constitute the grant of any licence to the source code, computational logic, or architecture of these applications.

It is strictly prohibited to share access credentials with third parties, or to copy, resell, or publicly present the content of the Services. Violation of this provision will result in immediate account suspension without any right to a refund.

§ 10. Complaints Procedure

The User has the right to lodge complaints regarding the operation of the Services. Complaints should be submitted to: damian@kocie.mba.

A valid complaint should include the first and last name/company name, e-mail address, and a description of the problem. The Service Provider will handle the complaint within 14 days. Due to the technical nature of such issues, the Service Provider reserves the right to extend this period by a further 7 days if server-side verification is required.

§ 11. Final Provisions

In matters not regulated by these Terms of Service, the applicable provisions of Dutch law shall apply, subject to the mandatory provisions of consumer law applicable at the consumer's place of residence.

The Service Provider reserves the right to make changes to these Terms of Service. Registered Users will be notified electronically of any material change at least 7 days before the new provisions take effect.