These Terms and Conditions (Terms) govern access to and use of the Carchain website, platform, software applications, hardware integrations and related services (collectively, the Services) provided by Carchain Srl, an Italian company with registered office at Corso Camillo Benso Conte di Cavour 2/2, 34124 Trieste (TS), Italy (Carchain, we, us).
By accessing the website, creating an account, or using any of the Services, you (Customer, User, you) agree to be bound by these Terms.
1. Scope of the Services
Carchain provides a cloud-based fleet management and vehicle geolocation platform designed to support:
- Fleet operations and logistics.
- Vehicle and asset security.
- Compliance with transport, safety and environmental regulations.
- Aggregated analytics related to vehicle usage, mileage, fuel consumption and emissions.
The Services are not designed, marketed or provided as tools for employee surveillance or continuous performance monitoring.
2. Eligible Users and Account Creation
The Services are intended primarily for business and institutional customers (B2B / B2G).
In limited cases, individual users (B2C) may access certain Services.
By creating an account, the person registering represents and warrants that they have the authority to bind the Customer to these Terms.
Each account is personal and must be used in accordance with the Customer’s internal policies and applicable laws.
3. Hierarchy of Applicable Terms
The contractual framework governing the Services is composed of the following documents:
- These Terms and Conditions (website).
- Any applicable service-specific terms or order forms.
- The End User License Agreement (EULA) applicable to Carchain mobile or desktop applications.
- The Data Processing Agreement / Art. 28 GDPR appointment, where applicable.
In case of conflict: these Terms prevail over the EULA; mandatory consumer protection laws prevail where applicable.
4. Use of Mobile and Desktop Applications (EULA Reference)
Access to Carchain mobile and desktop applications is subject to acceptance of the applicable End User License Agreement (EULA) made available through the relevant app store or distribution platform.
By downloading, installing or using any Carchain application, the User acknowledges and accepts the applicable EULA, which governs the use of the application software.
These Terms govern the Service relationship, while the EULA governs application usage.
5. Data Protection and Privacy Roles
For the purposes of applicable data protection laws (including GDPR where applicable):
- The Customer acts as Data Controller with respect to all personal data processed through the Services.
- Carchain acts as Data Processor, processing data solely on documented instructions from the Customer.
- End users (e.g. employees, drivers) act as authorized users of the Customer.
Carchain does not determine the purposes or means of personal data processing.
6. Customer Obligations and Legal Compliance
The Customer is solely responsible for:
- Defining lawful purposes and legal bases for data processing.
- Providing required notices and information to data subjects.
- Obtaining all necessary authorisations, agreements or approvals (including labour law requirements).
- Configuring the Services in a lawful, proportionate and documented manner.
- Maintaining records of processing activities and conducting DPIAs where required.
Carchain does not provide legal advice and does not verify the legal adequacy of Customer configurations.
7. Geolocation Data and Labour Law Compliance
Geolocation features may be considered tools capable of remote employee monitoring under certain jurisdictions.
The Customer acknowledges and agrees that:
- The Services must not be used for disciplinary or performance monitoring purposes unless expressly permitted by applicable labour laws.
- Where required, such use is permitted only after obtaining valid trade union agreements or labour authority authorisations.
- In the absence of such prerequisites, the Services must be configured to technically limit or prevent disciplinary use.
Carchain reserves the right to suspend or restrict features in case of unlawful use or regulatory risk.
8. System Configuration and Flexibility
The Services provide configurable settings, including but not limited to:
- Data retention periods.
- Geolocation sampling frequency.
- Tracking activation schedules.
- Private/off-duty modes.
- User access roles and permissions.
- Reporting and export limitations.
The Customer is solely responsible for selecting and maintaining appropriate configurations.
Default settings are provided for convenience and do not constitute compliance guarantees.
9. Data Retention
Unless otherwise configured by the Customer:
- Detailed geolocation data are retained for a default period of 12 months.
- Shorter retention periods may be applied.
- Longer retention periods require documented justification and legal grounds.
- Upon expiry, data are deleted or anonymised.
- Aggregated, non-identifiable data may be retained for statistical or administrative purposes.
10. Security Measures
Carchain implements technical and organisational measures appropriate to the nature and risks of the Services, including encryption, access controls, logging and incident response.
Absolute security cannot be guaranteed.
11. Acceptable Use
Users shall not:
- Use the Services in violation of applicable laws or regulations.
- Bypass or disable privacy or security safeguards.
- Use the Services for unlawful surveillance or monitoring.
- Process data without a valid legal basis.
Any such use constitutes a material breach of these Terms.
12. Suspension and Termination
Carchain may suspend or terminate access to the Services if:
- Unlawful or non-compliant use is detected.
- Continued use exposes Carchain to legal or regulatory risk.
- Required documentation is not provided upon request.
13. Intellectual Property
All intellectual property rights in the Services remain the exclusive property of Carchain.
No rights are granted except as expressly stated.
14. Data Ownership
All data processed through the Services belong to the Customer.
Carchain does not use Customer data for independent purposes, except where data are fully anonymised.
15. Limitation of Liability
To the maximum extent permitted by law:
- Carchain shall not be liable for indirect, incidental, special or consequential damages.
- Carchain shall not be liable for unlawful use of the Services by the Customer.
- Carchain shall not be liable for failure to comply with labour or data protection laws.
- Carchain shall not be liable for missing authorisations or agreements.
- Carchain shall not be liable for Customer configuration choices.
Carchain’s total liability shall not exceed the fees paid by the Customer in the 12 months preceding the event giving rise to liability.
16. Indemnification
The Customer agrees to indemnify and hold harmless Carchain from any claims, fines, penalties or damages arising from Customer’s unlawful or non-compliant use of the Services.
17. Governing Law and Jurisdiction
These Terms are governed by the laws of Italy, without regard to conflict of law principles.
Exclusive jurisdiction lies with the courts of Trieste, Italy, unless mandatory consumer protection laws provide otherwise.
18. Amendments
Carchain may update these Terms from time to time. Continued use of the Services constitutes acceptance of the updated Terms.
19. Contact
For legal or compliance inquiries:
info@thecarchain.com