Terms and Conditions – LoadmatePro

1. Introduction

These Terms and Conditions ("Terms") apply to all services and software offered by LoadmatePro. By accessing or using our Software and Services, you ("Client", "Customer", "you") accept and agree to be bound by these Terms, which constitute a binding agreement. These Terms supersede any prior agreements, oral or written, regarding the subject matter.

If you do not agree to these Terms, you must not use our services.

2. Scope of Services

2.1 Software as a Service (SaaS)

LoadmatePro provides cloud-based software solutions for the logistics and supply chain sector. This includes tools for real-time asset tracking, route optimization, digital dashboards, reporting tools, and workflow automation. The software is provided on a subscription basis via monthly or yearly invoices.

2.2 Support and Maintenance

We offer technical support, incident management, software updates, system monitoring, bug fixes, and system improvements as part of the Services, depending on the selected service level agreement (SLA).

2.3 Customization and Consultancy

At the request of the Client, LoadmatePro may offer additional consulting services, training, and customization. These will be outlined in a separate Statement of Work (SOW) or Annex.

3. User Accounts and Access

3.1 Authentication

Clients are responsible for managing access to their account, including the confidentiality of user credentials. Any action performed using your credentials shall be deemed authorized by you.

3.2 Acceptable Use

You agree not to use the Software for unlawful purposes, including but not limited to:

• Uploading malicious code or viruses;
• Gaining unauthorized access to third-party systems;
• Violating intellectual property rights;
• Disrupting the performance of our servers or services.

LoadmatePro reserves the right to suspend or terminate your access in the event of abuse or breach.

4. Data Ownership and Retention

4.1 Data Ownership

All Customer Data (i.e., data entered or generated by you through the use of our Software) remains your property. LoadmatePro will not access, use, or share this data for purposes other than those required to deliver the Services.

4.2 Retention Period

We store Customer Data for a period of twelve (12) months from the date of creation or upload, unless otherwise agreed in writing. After this period, LoadmatePro reserves the right to delete the data permanently.

4.3 Data Loss and Responsibility

While LoadmatePro makes reasonable efforts to safeguard your data using modern security protocols (encryption, firewalls, backups), we cannot guarantee that data will never be lost due to unforeseen incidents, such as:

• Server crashes;
• Software bugs;
• Cyberattacks;
• Force majeure events.

We recommend that Customers regularly export and back up their critical data. LoadmatePro will not be liable for accidental loss or corruption of data unless caused by intentional misconduct.

5. Support and Service Availability

5.1 Service Levels

Our default support includes email-based helpdesk access during business hours (09:00–17:00 CET). Higher support tiers may include 24/7 response and dedicated account managers.

5.2 Service Interruptions

Temporary downtime for maintenance may occur and, when possible, will be communicated in advance. LoadmatePro is not liable for temporary service interruptions that are reasonable or necessary to maintain the system.

5.3 Best Effort Commitment

LoadmatePro commits to using commercially reasonable efforts to resolve reported issues, provide updates, and respond to client inquiries promptly and professionally.

6. Limitation of Liability

6.1 No Guarantee of Perfection

While we aim to provide high-quality, reliable Software, the Client accepts that no software system is completely free of bugs, defects, or potential vulnerabilities.

6.2 Exclusion of Indirect Damages

LoadmatePro shall not be liable for any indirect, special, incidental, or consequential damages or in any other way, including but not limited to:

• Loss of revenue or profits;
• Loss of data or content;
• Business interruption;
• Reputational damage.

6.3 Maximum Liability

In all cases, the maximum aggregate liability of LoadmatePro for any claim under this Agreement shall not exceed the total amount paid by the Client to LoadmatePro in the three (3) months preceding the incident, with a maximum cap of €5,000.

6.4 International Legal Limitations

LoadmatePro is not subject to the laws or courts of foreign jurisdictions, including those of the United States of America or any other non-EU country. You agree to hold us harmless for any legal claims that arise under foreign laws.

7. Intellectual Property

All content, source code, documentation, logos, designs, trade names, and trademarks related to the Software are the exclusive property of LoadmatePro or its licensors. You are granted a non-exclusive, non-transferable right to use the Software solely for your internal business purposes.

You may not:

• Copy, modify, or distribute the Software;
• Use the Software to build competing products;
• Resell or sublicense the Software to third parties.

8. Termination and Suspension

8.1 Termination by Client

The Client may terminate the agreement by providing at least 30 days' written notice, subject to any minimum contract term.

8.2 Termination by LoadmatePro

LoadmatePro may suspend or terminate services:

• Upon Client breach of these Terms;
• For non-payment;
• In case of misuse or abuse of the platform.

8.3 Data After Termination

Upon termination, access to the Software will be deactivated. Customer Data will be made available for export (upon request) for 14 days after termination. After this period, LoadmatePro may delete all stored data unless required by law to retain it.

9. Force Majeure

LoadmatePro shall not be held liable for delays or failure in performance resulting from events outside its reasonable control, including but not limited to:

• Natural disasters;
• War or acts of terrorism;
• Government restrictions;
• Internet or power outages;
• Pandemics or epidemics.

10. Compliance with Law

The Client agrees to comply with all applicable laws and regulations in connection with its use of the Software and Services. You may not use the Software in any country or jurisdiction where such use would be illegal or otherwise prohibited.

11. Governing Law and Jurisdiction

11.1 Dutch Law Applies

This Agreement and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of law principles.

11.2 Jurisdiction

The competent court in Amsterdam, The Netherlands, shall have exclusive jurisdiction over any disputes arising from this Agreement.

12. Amendments to These Terms

LoadmatePro reserves the right to update or modify these Terms at any time. Clients will be informed of material changes via email or through the platform. Continued use of our services after such changes constitutes acceptance.

13. Contact Information

For questions, legal notices, or support, please contact: