Terms and Conditions
Last Updated: June 25, 2025
These Terms and Conditions of Service ("Terms") constitute a legally binding agreement between you ("User," "Client," or "you") and Truecold SL (hereinafter, "Truecold," "we," "us," or "our"), a company legally incorporated under Spanish law, with its registered office in Spain. These Terms govern your access to and use of our Software-as-a-Service (SaaS) platform ("Platform") and the related services we provide (collectively, "Services") for monitoring temperature in logistics operations within the cold chain industry.
By accessing or using our Platform and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Platform or Services.
1. Definitions
Platform: Refers to the Truecold web and/or mobile application, including all associated software, interfaces, features, and functionalities.
Services: The temperature tracking and monitoring solutions provided by Truecold through its Platform, specifically designed for logistics operations in the cold chain industry.
User/Client: Any individual or entity accessing or using the Platform and Services, including registered account holders.
Account: The personalized access area created by a User on the Platform to utilize the Services.
Data: Any information, including temperature readings, logistics details, user information, and other content, uploaded, submitted, or generated through the use of the Services.
Confidential Information: Non-public information disclosed by one party to the other, identified as confidential or reasonably understood to be confidential.
2. Acceptance of Terms
2.1. By creating an Account, clicking "I Agree," or otherwise accessing or using the Services, you confirm that you have the legal capacity to enter into this agreement (e.g., you are of legal age and have the authority to bind your company, if applicable).
2.2. These Terms may be supplemented by specific service agreements, order forms, or privacy policies, which shall also govern your use of the Services. In case of conflict, specific agreements shall prevail.
3. Description of Services
Truecold provides a SaaS platform designed to enable businesses operating in the cold chain industry to monitor and track temperature conditions of goods during logistics and transportation. Our Services facilitate data collection, analysis, alerts, and reporting to help ensure compliance and product integrity. The exact features available to you will depend on your chosen service plan or specific agreement.
4. User Accounts
4.1. Account Creation: To access and use certain features of the Services, you must register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information promptly to ensure its accuracy.
4.2. Account Security: You are responsible for maintaining the confidentiality of your Account credentials (username and password) and for all activities that occur under your Account. You agree to notify Truecold immediately of any unauthorized use of your Account or any other breach of security. Truecold cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
5. User Obligations and Prohibited Uses
5.1. Lawful Use: You agree to use the Platform and Services only for lawful purposes and in accordance with these Terms, applicable Spanish laws, and all relevant regulations.
5.2. Prohibited Conduct: You agree not to: a. Use the Services for any illegal or unauthorized purpose. b. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. c. Interfere with or disrupt the integrity or performance of the Platform or Services. d. Attempt to gain unauthorized access to any part of the Platform or to any systems or networks connected to the Platform. e. Use any automated means, including robots, spiders, or data mining tools, to download, scrape, or otherwise extract data from the Platform. f. Transmit any viruses, worms, or other malicious code. g. Use the Services to store or transmit any material that is infringing, libelous, or otherwise unlawful or tortious, or that violates third-party privacy rights.
5.3. Data Accuracy: You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Data you provide or transmit through the Services.
6. Data Protection and Privacy (GDPR Compliance)
6.1. Truecold is committed to protecting your privacy and handling your Data in a transparent and secure manner. Our practices regarding the collection, use, and disclosure of your personal data are governed by our Privacy Policy, which is incorporated by reference into these Terms.
6.2. As Truecold SL operates under Spanish jurisdiction, we adhere strictly to the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and Spanish Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights (LOPDGDD).
6.3. For the purpose of providing the Services, Truecold may process personal data on your behalf. In such cases, Truecold acts as a "Processor" and you act as the "Controller" as defined by GDPR. A separate Data Processing Addendum (DPA) may be required for specific client relationships to govern our obligations as a data processor.
6.4. You acknowledge and agree that your Data, including any personal data you submit, may be stored and processed within the European Economic Area (EEA).
6.5. Your rights under GDPR (e.g., right to access, rectification, erasure, restriction of processing, data portability, and objection) are detailed in our Privacy Policy.
7. Intellectual Property
7.1. Truecold's IP: All intellectual property rights in and to the Platform and Services, including but not limited to software, trademarks, logos, designs, text, graphics, and underlying technology, are owned by Truecold SL or its licensors. These Terms do not grant you any rights to use Truecold's intellectual property except as expressly permitted herein.
7.2. User Data: You retain all intellectual property rights in and to your Data. You grant Truecold a worldwide, non-exclusive, royalty-free, limited license to use, reproduce, modify, and display your Data solely as necessary to provide the Services to you and to improve the Platform.
8. Fees and Payment
8.1. Access to and use of the Services may require payment of fees as specified in your chosen service plan or specific agreement with Truecold.
8.2. You agree to pay all applicable fees and charges as they become due. All payments are non-refundable unless otherwise expressly stated in writing by Truecold or required by applicable Spanish consumer protection laws.
8.3. Truecold reserves the right to change its pricing plans and fees upon prior notice to you.
9. Disclaimer of Warranties
9.1. The Platform and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or availability.
9.2. Truecold does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. While we strive for accuracy, Truecold does not guarantee the accuracy or completeness of any data, information, or results obtained through the Services.
10. Limitation of Liability
10.1. To the maximum extent permitted by Spanish law, Truecold SL, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: a. Your access to or use of or inability to access or use the Platform and Services; b. Any conduct or content of any third party on the Platform; c. Any content obtained from the Platform; and d. Unauthorized access, use, or alteration of your transmissions or Data, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
10.2. In no event shall Truecold's total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of the Services exceed the amount paid by you to Truecold for the Services in the twelve (12) months preceding the claim.
10.3. Nothing in these Terms limits or excludes Truecold's liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable Spanish law.
11. Termination
11.1. Truecold may terminate or suspend your Account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
11.2. You may terminate your Account at any time by following the instructions on the Platform.
11.3. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Changes to Terms
Truecold reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
13. Governing Law and Jurisdiction
13.1. These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.
13.2. Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, shall be submitted to the exclusive jurisdiction of the Courts and Tribunals of the city of Barcelona, Spain, expressly waiving any other jurisdiction that may correspond to them.
14. Contact Information
If you have any questions about these Terms, please contact us at:
Truecold SL | info@truecold.io