Terms of service

1. This agreement

These terms are a contract between CargoVi ("we") and the company that opens an account ("the agency", "you"). By creating an account or using the service you accept them. If you accept on behalf of a company, you represent that you have authority to bind it.

CargoVi is a product for businesses. It is not intended for personal use and is not offered to consumers.

2. Your account

• You must be 18 or older and provide accurate details when registering.
• Each person on your team uses their own login. Sharing credentials breaks the activity record, which is exactly what protects you when there is a dispute between employees.
• You are responsible for what happens under your logins, including your staff's.
• Tell us as soon as you suspect unauthorised access.

3. Plans, billing and cancellation

• Billing. The subscription is charged monthly in advance through Stripe and renews automatically until you cancel.
• Plan limits. Each plan includes a number of users and operations. If you exceed them we will contact you about moving up a plan; we will not cut off your day's work without warning.
• Price changes. We may change prices with at least 30 days' notice by email. The new price applies at your next renewal, and if it does not work for you, you can cancel before that date.
• Cancellation. You can cancel any time from the billing portal. Service continues to the end of the period you already paid for.
• Refunds. Amounts already invoiced are not refundable, unless the law requires it or the service suffered a prolonged outage that was our fault.
• Taxes. Prices exclude tax. Any applicable sales tax is added.
• Non-payment. If a charge fails we will retry and notify you. After 14 days unpaid we may suspend access; your data remains for the retention period in the privacy policy.

4. Early stage

Parts of the product are under active development and are labelled as such inside the app. Those features may change, break or be interrupted. Do not rely on them as your only record of something you need to keep: export anything critical.

5. Acceptable use

You may not use CargoVi to:

• Carry out unlawful activity, or to evade sanctions, export controls or anti-money-laundering obligations that apply to you.
• Upload personal data you have no right to process, or for which you lack the necessary legal basis.
• Attempt to reach another agency's data, probe the system's security without our written permission, or work around your plan's limits by technical means.
• Resell, sublicense or offer the service as if it were your own, absent a written agreement.
• Extract data by automated means beyond what the product's own features allow.

We may suspend an account immediately where use threatens the integrity of the system or the security of others. In any other case we will tell you first and give you a chance to put it right.

6. Your data stays yours

Everything you upload — customers, orders, payments, documents — remains yours. We acquire no ownership rights in it.

You grant us only the licence needed to host, copy, transmit and display that data in order to provide the service, give support when you ask, and comply with the law. Nothing beyond that: we do not use it for advertising or to train models.

You can export your data while the account is active. Processing of personal data is governed by the privacy policy, which forms part of these terms.

7. We are software, not the operator

This clause sets out who does what, and is worth reading slowly.

CargoVi is an administrative record-keeping and management tool. We take no part in the services your agency provides or the orders you record; we do not receive, hold, settle or transmit your customers' funds; we are not a money transmitter, a payment institution, a currency exchange or a carrier; and we are not a party to any contract between your agency and its customers, contacts or providers. The only financial relationship between us is the subscription you pay for the software.

Stated in full: CargoVi provides software tools only. CargoVi does not process, transmit, hold, settle, or disburse customer funds; does not provide money transmission, remittance, currency exchange, logistics, shipping, delivery, fulfillment, or financial services; and does not permit use of the platform for prohibited or sanctioned jurisdictions, persons, entities, or activities.

You are the operator and you carry the responsibility. As the agency, and solely, it falls to you to:

• Obtain and maintain every licence, registration or authorisation your activity requires in each jurisdiction where you operate.
• Comply with the rules that apply to you on anti-money-laundering, customer identification, sanctions and export controls, including screening the people you deal with.
• Determine whether a given operation is lawful before carrying it out. The product performs no sanctions screening and no compliance assessment, and the fact that the system lets you record an operation does not mean that operation is lawful or that we have reviewed it.
• Meet your data-protection obligations towards the people whose data you record, including the legal basis for processing it and handling their rights requests.
• Issue whatever tax and accounting documentation you are required to issue.

Neither the product nor this documentation is legal, tax or regulatory advice.

8. Availability and support

We work to keep the service continuously available, but we do not commit to an uptime percentage unless we have agreed one in writing. There may be planned maintenance, which we will announce in advance where it is foreseeable, and provider outages outside our control.

Support is provided by email. Higher plans get priority, as stated on the pricing page.

9. Intellectual property

The software, the CargoVi name, the logo and the design are ours. Your subscription gives you the right to use the service while it is active — not to copy it, decompile it, or derive a competing product from it.

If you send us a suggestion, we may use it freely to improve the product with no obligation to compensate you. That gives us no rights over your data.

10. Termination

You can close your account at any time. We may terminate this agreement on 30 days' notice, or immediately if you breach these terms materially or your use puts the system or other agencies at risk.

On termination, export your data: once the retention period in the privacy policy has passed, it is deleted.

11. Warranties

The service is provided "as is" and "as available". To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted, or that calculations and reports will be correct if the input data is not.

12. Limitation of liability

To the extent the law allows, our total aggregate liability arising out of this agreement will not exceed the amount you paid us in the 12 months before the event giving rise to it.

We are not liable for lost profits, lost revenue, lost data, or indirect, incidental or consequential damages; nor for losses arising from operations your agency carried out, compliance decisions you made, or the failure of a third party you work with.

These limits do not apply to wilful misconduct, fraud, or anything the law does not permit us to limit.

13. Indemnity

You will indemnify us against third-party claims arising from your use of the service, your breach of these terms, data you uploaded without the right to process it, or your failure to meet the obligations you take on in clause 7.

14. Governing law and disputes

This agreement is governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The state and federal courts of Delaware have exclusive jurisdiction, and both parties submit to it.

Before going to court, both parties will try to resolve the disagreement in good faith for 30 days from a written notice.

15. Other matters

• Changes. We may amend these terms with at least 30 days' notice by email and in the app where the change is substantive. Continuing to use the service after that date means you accept the new version.
• Assignment. You may not assign this agreement without our written consent. We may assign it in a merger or sale of the business.
• Severability. If a clause is held invalid, the rest remains in force.
• Waiver. Not exercising a right immediately is not a waiver of it.
• Entire agreement. These terms and the privacy policy are the entire agreement between the parties regarding the service.

16. Contact

• Legal notices: legal@cargovi.com
• General enquiries: hola@cargovi.com

This English text is a translation provided for convenience. If it and the Spanish version ever conflict, the Spanish version governs.