Terms of Sale

1. Scope

These Terms of Sale govern the purchase and use of CargoULD’s software-as-a-service platform (“Service”). The Service is provided by Kline Power (“Provider”), a sole proprietorship based in Italy. The customer (a business user) is the “Customer”. By placing an order, creating an account, or using the Service, the Customer agrees to these Terms.

Note: CargoULD is a B2B analytics tool. The Service is not intended for consumers.

2. Accounts & Eligibility

The Customer must ensure that registration information is accurate and that authorised users keep their credentials confidential. The Customer remains responsible for all activity under its account.

3. Subscriptions, Trials & Plans

The Service is offered on subscription plans (e.g., Monitor / Control / Command) as described on the pricing page. Trial or pilot access may be granted at the Provider’s discretion and may be revoked, limited, or changed at any time.

4. Prices, Taxes & Billing

Prices are shown exclusive of taxes unless stated otherwise. Applicable VAT or sales taxes will be added where required. Billing is processed via the payment processor selected by the Provider (e.g., Stripe). The Customer authorises recurring charges for the subscription term.

Invoices and billing communications are sent electronically. The Customer must keep billing details up to date and ensure timely payment.

5. Term, Renewal & Cancellation

Subscriptions run for the selected term (monthly or annual) and renew automatically unless cancelled before the renewal date. Cancellation takes effect at the end of the current term; access continues until then.

The Provider may suspend or terminate access to the Service in case of non-payment, breach of these Terms, misuse of the Service, or where suspension is reasonably necessary for security, legal, or operational reasons.

6. Refunds

Except where required by law or expressly stated otherwise, fees already paid for the current term are non-refundable.

Where the Service must be permanently interrupted due to external factors beyond the Provider’s control, the partial refund policy described in Section 7 may apply to prepaid annual subscriptions.

7. Service Availability & Support

The Provider aims to keep the Service available and performant but does not guarantee uninterrupted or error-free operation. Planned maintenance, updates, emergency interventions, or temporary service limitations may occur. Support channels and response targets are described on the website or the Customer’s order form.

No specific uptime or service level is guaranteed unless explicitly agreed in writing.

The Provider may modify features, interfaces, or integrations to improve the Service or address security, legal, or technical requirements.

8. Data Sources, Reliability & Use of Insights

The Service provides analytics, indicators, and insights based on aggregated data, third-party data sources, internal processing, and automated calculations.

The Provider does not guarantee the accuracy, completeness, availability, timeliness, or uninterrupted continuity of any dataset, third-party feed, derived metric, visualisation, or analytical output made available through the Service.

The Service is provided for informational and business intelligence purposes only and must not be relied upon as the sole basis for operational, financial, commercial, compliance, routing, procurement, or other business decisions. The Customer remains solely responsible for verifying outputs and for any decision taken on the basis of the Service.

9. Data Protection & Security

Personal data is processed in accordance with the Privacy Policy. The Customer is responsible for the lawfulness of any data it uploads and for configuring access controls. The Provider implements reasonable organisational and technical measures to protect data.

10. Intellectual Property & Licence

All rights, title, and interest in the Service, software, documentation, and associated materials remain with the Provider and its licensors. Subject to payment of fees, the Customer receives a non-exclusive, non-transferable, limited licence to access and use the Service for its internal business purposes during the subscription term.

The Provider retains all rights to aggregated, anonymized, statistical, and derived data generated through the use of the Service, provided that such data does not identify the Customer or any individual person.

11. Acceptable Use

The Customer must not (i) circumvent technical limits; (ii) copy, distribute, or resell the Service; (iii) reverse engineer, decompile, or create derivative works except as permitted by law; (iv) misuse the Service to violate laws or third-party rights; (v) overload or disrupt infrastructure; (vi) attempt unauthorised access.

12. Third-Party Services

The Service may interoperate with third-party services (e.g., data providers, analytics, payment processors). The Provider is not responsible for third-party terms, availability, accuracy, or continuity of service.

13. Beta / Preview Features

Beta or preview features may be offered “as is” for evaluation only and may be modified, limited, or discontinued at any time.

14. Limitation of Liability

To the maximum extent permitted by applicable law, the Provider, CargoULD, and their owners, affiliates, contractors, partners, and licensors shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenues, data, business opportunities, or goodwill, arising from or in connection with the use of, inability to use, or reliance upon the Service.

The Provider’s total cumulative liability, whether in contract, tort, negligence, strict liability, or otherwise, shall in no case exceed the total amount paid by the Customer for the Service during the billing period immediately preceding the event giving rise to the claim.

This limitation applies to all causes of action, including but not limited to interruptions or unavailability of the Service as described in Section 7, inaccuracies or interruptions in data sources as described in Section 8, loss or alteration of data, integration errors, or acts or omissions of third-party providers.

Nothing in these Terms shall exclude or limit liability that cannot be lawfully excluded or limited under applicable law.

15. Indemnity

The Customer will indemnify and hold harmless the Provider against claims, damages, losses, costs, and expenses arising from the Customer’s unlawful use of the Service, breach of these Terms, or misuse of the Service by its users.

16. Force Majeure

No party is liable for failure or delay caused by events beyond reasonable control, provided that the affected party acts to mitigate the effects and resume performance as soon as reasonably possible.

17. Changes to these Terms

The Provider may update these Terms from time to time. Material changes will be notified via the Service or email. Continued use after the effective date constitutes acceptance.

18. Governing Law & Jurisdiction

These Terms are governed by the laws of Italy, and disputes are subject to the exclusive jurisdiction of the courts of Cagliari, without prejudice to mandatory rules that cannot be waived under applicable law.