Limitation of Liability

Version: 0.1-draft · Effective: [PLACEHOLDER: date]

This page explains, in plain language, how liability works when using Ideal Monitor. The legally binding rules are in the Terms of Use (clauses 1.5, 1.7 and 1.8) and in the contract signed with each customer.

4.1 Ideal Monitor is a support tool

Ideal Monitor helps your team follow temperature and humidity and get notified when a reading goes out of range. It does not replace:

your control and inspection procedures;
maintenance of your refrigeration equipment;
your contingency plans.

Ideal Monitor does not control temperature or operate equipment.

4.2 What can affect operation

Monitoring depends on factors beyond our control:

power at the site;
the site's Wi-Fi and internet and telecom carriers;
cloud and email providers;
installation and positioning of sensors;
calibration and upkeep of the hardware.

When a sensor or the collector loses power or internet, readings from that period do not reach the platform and are not recovered later. The platform can notify your team with a "sensor not reporting" alert.

4.3 Alerts may be delayed or not delivered

An alert email may be delayed or not delivered due to spam filters, a full mailbox, an outdated address or the unavailability of third-party services. That is why we recommend setting up more than one contact and escalation levels.

4.4 How far our liability goes

Ideal Business is not liable for loss, damage or spoilage of products, goods or cargo, lost profits or indirect damages arising from monitoring, reading or alert delivery failures caused by the factors above, to the extent permitted by applicable law.

In all other cases, liability is limited to the amount paid by the customer in the last 12 months, according to the contract.

These limitations do not apply in cases of willful misconduct or gross negligence and do not exclude rights that cannot be limited by law.

4.5 What the customer is responsible for

Keeping alert contacts up to date.
Ensuring power and connectivity at monitoring points.
Periodically checking that sensors are working.
Acting on the alerts received.

4.6 Simulations and website content

The risk calculator, simulations and website content are illustrative and do not constitute a promise, guarantee of results or commercial proposal.