Terms of Service

1. Definitions

Platform or Service: Refers to CertiCarga, the software as a service (SaaS) for logistics management and shipment traceability.

User: Any individual or legal entity using the Platform.

Organization: Business entity registered on the Platform that groups users under a common subscription.

Shipment or Delivery Note: Digital document representing a cargo transport operation.

Digital Signature: Electronic signature system with validation via OTP (One-Time Password) with legal validity under Law 25.506.

2. Acceptance and Modification

By accessing, registering, or using CertiCarga, you agree to be legally bound by these Terms of Service. If you do not agree with any of these terms, do not use the Platform.

We reserve the right to modify these terms at any time. Changes will be notified via email and/or notice on the Platform. Continued use after notification constitutes acceptance.

3. Service Description

CertiCarga provides a cloud platform for:

• Shipment Management: Creation, tracking, and status management with full traceability.
• Digital Signatures with OTP: Electronic signature system via email verification code, with legal validity.
• Digital Contracts: Management and signing of contracts with full auditability.
• WhatsApp Communication: Interactive bot for transporters to query shipments and change statuses.
• Automatic Notifications: Email and WhatsApp alerts for shipment status changes.
• AI Assistant: Intelligence agent to assist transporters with queries.
• Multi-organization: Support for multiple companies with complete data isolation.
• API and Webhooks: Integration with external systems via REST API and webhooks.

4. Registration and Account

To use the Platform, you must:

• Provide truthful, complete, and up-to-date information during registration.
• Verify your email address via the confirmation link sent to you.
• Maintain the confidentiality of your password and access credentials.
• Be at least 18 years old or have legal capacity to enter into contracts.

You are responsible for all activities performed under your account. You must notify us immediately of any unauthorized use of your account.

5. Roles and Permissions

The Platform implements different roles with specific permissions:

• Owner: Organization owner with full access, including subscription and user management.
• Admin: Administrator with configuration and user management permissions.
• Dispatcher: Creates and manages shipments, assigns transporters.
• Transporter: Accesses assigned shipments, updates statuses, records observations.
• Client: Views shipments, confirms deliveries, records conformity.

The Owner can modify roles and permissions of organization members at any time.

6. Acceptable Use

You agree NOT to use the Platform for:

• Illegal activities or activities that violate third-party rights.
• Uploading false or fraudulent documentation.
• Sending spam or unsolicited messages.
• Attempting to access accounts or data of other organizations.
• Reverse engineering, decompiling, or attempting to extract the source code.
• Intentionally overloading the Service infrastructure.
• Using unauthorized bots, scrapers, or other automated tools.

Violation of these rules may result in immediate suspension or termination of your account.

7. Digital Signatures and Legal Validity

CertiCarga implements an electronic signature system with legal validity in accordance with Argentina's Digital Signature Law No. 25,506:

Signing Process:

1. The user receives a notification of a pending contract for signature via email.
2. Upon accessing the contract, they request a 6-digit OTP (One-Time Password) code.
3. The code is sent to their verified email and is valid for 15 minutes.
4. The user enters the code to verify their identity.
5. Upon confirming the signature, the SHA-256 checksum of the PDF, IP, User Agent, and exact timestamp are recorded.

Audit and Proof:

Each signature is recorded with:

• Cryptographic checksum (SHA-256) of the signed document to verify integrity.
• IP address from which the signature was requested and completed.
• User Agent (browser and device used).
• Timestamps of OTP request, verification, and final signature.
• Complete history of attempts.

These records constitute reliable proof of consent and may be used in legal disputes. By signing a contract through this system, you acknowledge that:

• You have read and understood the contents of the document.
• You accept the contents without coercion.
• The signature has the same legal validity as a handwritten signature (Law 25,506).

8. Intellectual Property

All intellectual property rights of the Platform, including but not limited to source code, design, logos, texts, and functionalities, belong to CertiCarga or its licensors.

You retain ownership of the data and documents you upload to the Platform. By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to process, store, and transmit your content solely for the purpose of providing the Service.

9. Plans and Payments

Available Plans:

• Free Plan: Limited access at no monthly cost.
• Pro Plan: Advanced features with higher limits.
• Enterprise Plan: Full access with unlimited users and shipments.

Billing:

Payments are processed through MercadoPago. Subscriptions renew automatically on a monthly basis. Prices are in Argentine pesos (ARS) and include VAT.

Plan Changes:

You can change your plan at any time from the administration panel. Changes will take effect in the next billing period.

Cancellation:

You can cancel your subscription at any time. Access will continue until the end of the paid period. No prorated refunds are given for early cancellations.

10. Responsibilities and Limitations

CertiCarga acts as a technology platform for shipment management and is NOT responsible for:

• The truthfulness, accuracy, or legality of data uploaded by users.
• Compliance with contractual obligations between transporters, companies, and clients.
• Losses, damages, or delays in the physical delivery of goods.
• Commercial disputes between users.

The Service is provided "as is" without warranties of:

• Uninterrupted availability (we perform scheduled maintenance with prior notice).
• Complete absence of errors or bugs.
• Compatibility with all browsers and devices.

Our maximum liability for damages arising from the use of the Service is limited to the amount paid by the User in the last 12 months.

11. Suspension and Termination

We reserve the right to suspend or terminate your access to the Service, without prior notice, in case of:

• Violation of these Terms of Service.
• Non-payment of subscription fees.
• Fraudulent or illegal activities.
• System abuse or behavior that affects other users.

Upon account termination:

• You will immediately lose access to all stored data.
• Data may be deleted after a 30-day grace period.
• Audit records and digital signatures will be retained as required by law.

12. Applicable Law and Jurisdiction

These Terms of Service are governed by the laws of the Argentine Republic.

Any dispute arising from these terms or the use of the Platform shall be submitted to the exclusive jurisdiction of the competent ordinary courts of the Autonomous City of Buenos Aires, Argentina.

13. Contact

For inquiries about these Terms of Service, you can contact us at:

Email: legal@certicarga.com
Website: https://certicarga.com