Terms of Service

These Terms, together with the documents they incorporate — our Privacy Notice, our End User License Agreement, our Hardware Warranty & Returns terms, our 30-day money-back guarantee terms, and the plan and price details shown to you at checkout — are the whole agreement between us about the Service and the Hardware. They replace anything said or written before, including proposals, demonstrations, and marketing material.

We do not trade on purchase-order paper. If you issue a purchase order, a vendor portal registration, a supplier terms document, or any similar form, we may reference its number for your convenience, but none of its printed terms apply to the order, however and whenever they are presented, and our accepting or fulfilling an order is never acceptance of them.

Which document wins

If two of our documents conflict, read them in this order and the earlier one wins: (a) a written agreement signed by an authorized representative of both your organization and FreshControls; (b) an order confirmation issued by us for a specific order; (c) these Terms; (d) the incorporated documents listed above; (e) anything else, including help-centre articles and marketing pages, which are explanatory only.

Amendments to these Terms for a specific customer are only effective in writing and signed by us. We may update these Terms generally as the Service evolves or the law changes; when a change is material we will update the effective date above and give reasonable notice, and continued use after it takes effect means you accept it. The version in force when you place an order governs that order.

You must provide accurate account information and keep it current. You are responsible for activity under your account and for keeping credentials secure. If you set up an account for an organization, you confirm you are authorized to bind that organization to these Terms.

Administrators in your organization can create roles and grant access to other users. You are responsible for managing that access appropriately, and for the acts and omissions of anyone you give access to.

The Service is offered on a subscription basis. Self-serve signup requires a valid payment method, and your subscription begins when you complete purchase. Fees consist of a plan fee plus per-device monitoring fees, charged for each billing period as shown at checkout and in your account. Current fees are set out in the price book, not in these Terms, and we may change published fees prospectively — a change never applies to a period you have already been charged for.

Subscriptions renew for successive periods until cancelled. You can cancel at any time; cancellation stops future renewals and takes effect at the end of the current billing period. Except as stated in the money-back guarantee, fees already due are non-refundable.

All fees and Hardware prices are exclusive of sales, use, value-added, excise, and similar taxes, and of customs duties, levies, and import charges. Those are your responsibility, except for taxes on our own income. Where we are required to collect a tax, it is added to your invoice.

Paying on time

Self-serve subscriptions are charged to your payment method when each period begins. Where we have agreed invoiced billing instead, payment is due by the date stated on the invoice. Keeping a valid, chargeable payment method on file is your responsibility.

If an amount goes unpaid we will contact you and follow a published sequence of reminders. If it stays unpaid, we may reduce your account to a limited state, then suspend the Service, and finally cancel the subscription. Suspension is not a termination and does not relieve you of fees that have already accrued; we will restore a suspended account promptly once the balance is settled. Alarms and notifications may not be delivered while an account is suspended, so please do not treat suspension as a soft warning.

You must pay the full amount when it falls due. You may not withhold or set off any amount against a claim, dispute, or counterclaim, whether or not it relates to the same order. If you believe an invoice is wrong, pay it and tell us within thirty days of its date; we will investigate promptly and credit or refund anything we got wrong.

30-day money-back guarantee

New subscriptions are backed by our 30-day money-back guarantee. It applies to your organization’s first, evaluation-sized hardware order: return the hardware within 30 days of DELIVERY — not of the date you paid — and we refund that order together with the subscription fees invoiced to you up to that point, as described on our guarantee page. The guarantee page states the order-size limit and the rest of the conditions, and forms part of these Terms.

Sensors, boards, and gateways are purchased through the in-app store. Hardware pages on this marketing site are informational; an order exists only when you complete checkout and we issue an order confirmation, and the prices, quantities, and terms shown at that point govern it.

Hardware prices come from our published price book at the time you order. We may revise the price book at any time, but a revision never changes an order we have already confirmed. Stock is not reserved for you until an order is confirmed, and we may decline or limit an order — for example where a device is discontinued or a quantity is outside what the store is set up to fulfil — and refund anything you have paid for it.

We ship to the address you give us for the site where the devices will be installed. Please make sure it is somewhere that can receive and sign for a parcel — a monitored cold room is often not that place. If you need an order split across sites, tell us before you order rather than after.

Any dispatch or arrival date we give you is an estimate based on what we know when we give it. It is not a promise, time is not of the essence for delivery, and we are not liable for a delay in dispatch or transit, including a delay caused by a carrier, a customs authority, or anything covered by the force majeure section below. If a delay becomes significant we will tell you, and you may cancel the undelivered part of the order for a refund of what you paid for it — that is the remedy for a late delivery.

We carry the risk of loss or damage while an order is in transit to you. If a shipment is lost or damaged on the way, we replace it; you do not have to pursue the carrier, though photographs of the packaging help us do so. Risk passes to you when the order is delivered to the address you gave us. Title to the Hardware passes to you when we have received payment for it in full.

We pack Hardware to our standard specification for the device and the route. If you need particular packaging, labelling, palletisation, or carrier paperwork, ask us in writing before you order; where we agree to it, the additional cost is yours.

Our dispatch record — the carrier handover and tracking reference we hold for your order — is evidence that we shipped what the order confirmation says, unless you show otherwise.

If an order does not arrive, or arrives incomplete or damaged, tell us within 14 days of the dispatch notification (for a non-delivery) or of delivery (for a shortage or damage) — the same window our Warranty & Returns terms use. Where the claim is good, we will either send the missing or damaged items or adjust the invoice for them, whichever you prefer and we can do sooner. That is the remedy for non-delivery, and it is instead of, not in addition to, any other claim for the missing goods.

We understand that a parcel can go astray at a busy site. Tell us late and we will still try to help — the window is what we are contractually obliged to honour, not the limit of what we are willing to do.

Please inspect Hardware when it arrives. You have 10 days from delivery to tell us in writing that an item does not match what you ordered or does not conform to its published specification. If we do not hear from you in that time, the order is treated as accepted — which does not affect the one-year hardware warranty below, the 30-day money-back guarantee, or any right you have under consumer law that cannot be waived.

Where you reject an item in that window, we will replace it or refund what you paid for it, at your choice, and we will reimburse reasonable return shipping on an item that was genuinely non-conforming.

Every return runs through a return authorization (an RMA) that we issue, whether it is a defect, an ordinary return, or a guarantee claim. Quote the RMA reference and the original order number on the outside of the parcel and on any paperwork inside it. Please do not ship anything back without an RMA: an unauthorized return cannot be matched to your account or your order, and we may have to return it to you.

When we approve a return we issue a return authorization (an RMA) that carries both the authorization number and the address to send the hardware to. Use that address and quote that number on the outside of the parcel. Please do not ship anything back before a return is approved: an unauthorized return cannot be matched to your account or your order, and we refuse and return unauthorized shipments at the sender’s cost.

Some of what we owe you depends on things only you can supply: a correct and reachable delivery address, site access, power and network at the installation point, the information we ask for to fulfil an order or investigate a fault, and prompt answers when we ask.

If we are delayed or prevented from performing by your act or omission — including a wrong address, a refused or missed delivery, a site that is not ready, an instruction that turns out to be incorrect, or a failure to respond — then our dates move by a reasonable period, we are not in breach, and you are responsible for the reasonable extra costs we incur as a result, such as re-delivery, storage, or a wasted visit. We will tell you before we incur them wherever we can.

We warrant that Hardware bought from us will conform to its published specification and be free from defects in materials and workmanship, under normal use, for ONE YEAR from the date the order is delivered to you. Our Hardware Warranty & Returns terms set this out in full, apply to every order, and form part of these Terms; where this section summarises them, that document governs the detail.

To claim, tell us within the warranty period and promptly after you notice the fault, and give us the device serial number and a description of what it is doing. We will confirm whether the claim is covered and issue an RMA where hardware needs to come back.

The warranty does not cover misuse, accident, or damage; installation, operation, or storage outside the device’s published conditions; unauthorized modification, opening the enclosure, or firmware we did not supply; consumables and battery depletion; cosmetic wear; third-party accessories and cabling; or damage from surges, lightning, pests, or events outside anyone’s reasonable control. The Warranty & Returns page lists the exclusions in full.

Where a claim is covered, we will repair the device, replace it with a new or equivalent refurbished unit, or credit or refund what you paid for it — the choice among those is ours, and whichever we choose is your exclusive remedy for the defect. A replacement carries the remainder of the original warranty period rather than a fresh one. We cover shipping both ways on a covered claim. We do not cover the cost of your own labour, of uninstalling or reinstalling a device, of access equipment, or of any third party you engage.

This is the only warranty we give on Hardware. To the fullest extent the law allows, all other warranties, conditions, and terms — express, implied, or statutory, including merchantability, satisfactory quality, and fitness for a particular purpose — are excluded. No employee, reseller, or agent can vary this warranty or give another one, and nothing said in a call, a demonstration, an email, or a marketing page adds a warranty to this agreement; only a written amendment signed by us does.

You agree not to misuse the Service. In particular, you will not:

• Break the law or infringe others’ rights when using the Service.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service or its infrastructure.
• Reverse engineer, resell, or provide the Service to third parties except as expressly permitted (for example, under a white-label arrangement we authorize).
• Upload malicious code or use the Service to send unlawful or unsolicited communications.

FreshControls is a monitoring and alerting tool. It is designed to help you detect and respond to conditions, but it does not prevent equipment failure, spoilage, or loss, and it is not a substitute for your own procedures, staffing, and safety controls.

Alerts depend on factors outside our control, including device placement, power, connectivity, and the contact details and availability of the people you configure to receive them. You are responsible for configuring the Service appropriately and for maintaining independent safeguards for critical operations.

What the Service depends on that we do not control

Getting a reading from a sensor to a person is a chain, and most of that chain belongs to somebody else. The Service depends on, among other things: the internet connection, Wi-Fi, wiring, and mains power at your sites; cellular carriers and LoRa or other radio networks; the SMS, voice, email, and push notification providers that carry a message the last mile; DNS and certificate providers; and the cloud hosting, network transit, and upstream suppliers our platform runs on. None of these are ours, none of them are perfect, and we cannot make any of them work.

So we say it directly: we are not liable for an alarm, a reading, or a notification that is delayed, degraded, misdelivered, or never delivered at all because one of those networks, carriers, or providers failed, was congested, blocked or filtered a message, changed how it works, or went down — whether the failure hits only your site or is a widespread outage affecting many operators at once. Where a channel is unavailable, the Service does what it can with the channels that remain, and the escalation trail records what happened; that is an engineering commitment about our own behaviour, not a promise that a message will arrive.

Not a safety system

FreshControls is a monitoring and notification aid. It is not a safety system, a life-safety or fire system, an alarm system required by regulation, or a replacement for on-site checks and human supervision of critical assets. Do not use it as the only thing standing between you and a loss, and do not use it where a regulation, a code, an insurer, or a food-safety plan requires a specific instrument, a certified alarm, or a manual check — keep those in place and keep doing them.

You remain responsible for your own inspection and verification routines, for the people and procedures that respond when something is wrong, and for the connectivity, power, and site conditions the Service needs at your locations. Our liability for anything in this section is limited as set out in "Disclaimers and limitation of liability" below.

Support is included with your subscription. Reach us through the contact page or at hello@freshcontrols.com; we will give you a named contact for your account where the size or complexity of your deployment warrants one.

When we are here

Standard support hours are [PLACEHOLDER — OWNER TO COMPLETE: support days, hours, and time zone, to be confirmed before these Terms leave draft]. Outside those hours we respond on a best-efforts basis, and work you ask us to do out of hours may be chargeable: [PLACEHOLDER — OWNER TO COMPLETE: out-of-hours arrangement, and whether and how it is charged]. We will always tell you before starting chargeable work.

Response targets

We aim to answer according to how badly the problem hurts you. These are TARGETS we work to during standard hours, measured from when we receive a complete report. They are not contractual commitments, and missing one is not a breach of these Terms:

• Critical — monitoring or alarm delivery is down for your organization and there is no workaround. Target: [PLACEHOLDER — OWNER TO COMPLETE: first-response and update targets].
• High — a significant function is unusable or unreliable, but monitoring continues. Target: [PLACEHOLDER — OWNER TO COMPLETE].
• Normal — a fault or question that does not stop you working, including a single-device issue with a workaround. Target: [PLACEHOLDER — OWNER TO COMPLETE].
• Low — a question, a request for guidance, or a feature suggestion. Target: [PLACEHOLDER — OWNER TO COMPLETE].

Availability

We use commercially reasonable efforts to keep the Service available, and the architecture is deliberately region-local so that monitoring and alarm evaluation keep running through interruptions between regions. We do not offer a percentage uptime commitment or service credits under these Terms, and we would rather say so plainly than publish a number we have not measured. Where an organization needs a contractual service level with credits, that is available under a separate Enterprise agreement — talk to us.

We may modify, suspend, or discontinue features, and we perform maintenance. For planned maintenance we expect to interrupt the Service, we give advance notice through the app or by email, and we schedule it outside your standard hours where we reasonably can. Emergency maintenance to protect security or data integrity may happen without notice, and we will tell you as soon as we can afterwards.

Availability does not include anything we do not control: your own network, power, or site conditions; device placement, batteries, and installation; the carriers, email providers, and telephony networks that deliver notifications; third-party services you connect; and the public internet between you and us.

Your organization owns the data it puts into or generates through the Service — readings, alarm history, acknowledgements, configuration, reports, and the personal information of your users. We do not acquire ownership of it. We process it to provide, secure, support, and improve the Service, to bill you, and as our Privacy Notice describes; that notice, including our data-residency promise, governs how we handle it.

How long we keep readings depends on the retention window of your plan and any extended retention you buy, as described in the app. You can export your data at any time while your subscription is active.

We may create and use aggregated, de-identified information derived from use of the Service — for example typical sensor behaviour, alarm patterns, and reliability statistics across our customer base — to operate, secure, benchmark, and improve the Service and to produce general industry insight. We do this only where the result cannot reasonably be used to identify your organization, your sites, or any individual. We do not publish or share your identifiable operational data, and we do not sell personal information.

Each of us will keep the other’s confidential information confidential, use it only for this agreement, protect it with at least reasonable care, and disclose it only to people who need it and are bound to similar terms. This does not apply to information that is public through no fault of the recipient, was already properly known to them, or is independently developed; and either of us may disclose what the law or a court requires, giving the other notice first where we lawfully can. Your operational data is your confidential information. These obligations continue for three years after this agreement ends, and for as long as the law protects it in the case of a trade secret.

Each of us will comply with the data-protection and privacy laws that apply to us. Where we process personal information on your behalf, we do so on your instructions under our Privacy Notice and any data-processing terms we have agreed with you.

FreshControls and its licensors own the Service, including its software, design, firmware, and brand. Your use of the software is governed by our End User License Agreement. Buying Hardware gives you the device, not any licence to our software beyond that agreement. You retain ownership of the data your organization submits to the Service.

If you send us feedback or suggestions, we may use them freely to improve our products, without obligation to you and without you giving up anything you own.

Except as expressly stated in these Terms and the Hardware Warranty & Returns terms, the Service and the Hardware are provided "as is" and, to the fullest extent permitted by law, we disclaim all other warranties, conditions, and terms, express or implied, including merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that it will detect every condition.

To the fullest extent permitted by law, and whether a claim is made in contract, in tort (including negligence), under statute, or on any other basis, FreshControls will not be liable for: indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits, lost revenue, lost savings, or loss of business, contracts, goodwill, or reputation; spoiled, damaged, or discarded product or inventory; loss or corruption of, or inability to access, data; business interruption or downtime; the cost of substitute goods, services, or monitoring; the cost of your own labour, staff time, installation, removal, access equipment, or third-party contractors; or claims brought against you by anyone else. This applies even if we were told the loss was possible, and even if a limited remedy in these Terms fails of its essential purpose.

Our total aggregate liability arising out of or relating to these Terms, the Service, and the Hardware, for all claims taken together, will not exceed the lesser of: (a) the total fees your organization actually paid us for the Service and the Hardware in the twelve months immediately before the event that first gave rise to the claim; and (b) the amount we actually recover under our applicable insurance in respect of that claim. We would rather be plain about what that second limb means than let you discover it later: where a claim falls outside our cover, or the insurer pays nothing, the second limb can be nil, and the cap is then nil.

The exclusions and the cap in this section apply in full to any claim arising from the third-party networks, carriers, and delivery providers described in "Nature of the Service", from any failure to deliver or delay in delivering an alarm, reading, or notification, and from any event described in "Events outside our control" — however that claim is framed.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited — including liability for death or personal injury caused by negligence, for fraud, and any rights you have under mandatory consumer law. If a court finds part of this section unenforceable, the rest of it still applies.

It is worth saying plainly rather than burying it: monitoring reduces the chance of a loss, it does not underwrite one. Insure the inventory that matters, and treat FreshControls as the thing that tells you in time.

You may stop using the Service and cancel at any time; cancellation takes effect at the end of your current billing period.

Either of us may terminate this agreement on written notice if the other materially breaches it and does not put the breach right within 30 days of being told about it, or immediately and without that period where the breach cannot be put right. We may also suspend or terminate access immediately where your use risks harm to others, to your own data, or to the Service, or where non-payment has walked the full sequence described above.

Either of us may terminate immediately on written notice if the other becomes insolvent, stops or threatens to stop trading, is unable to pay its debts as they fall due, enters administration, liquidation, receivership, bankruptcy, or an arrangement with creditors, or has a similar step taken against it that is not dismissed within a reasonable time.

On termination your right to use the Service ends and any fees accrued to that point fall due. Your account moves into read-only offboarding so you can sign in and export your data while monitoring, alarms, and new device claims stop; after 90 days the account and its operational data are purged. Provisions that by their nature should survive — payment, warranty limits, confidentiality, data rights, liability, and these general provisions — survive termination.

Neither of us is liable for failing or being delayed in performing an obligation — other than an obligation to pay money that is already due — because of something beyond its reasonable control.

That includes, for example: natural events and severe weather; fire, flood, and earthquake; epidemic and public-health measures; war, terrorism, civil unrest, and sabotage; cyber attack; strikes and other labour disputes; acts of government, embargoes, sanctions, customs action, and changes in law; failure or interruption of electricity, telecommunications, mobile networks, or internet transit; failure or outage of a supplier, carrier, data centre, or cloud provider we rely on; and shortages or delays affecting components, materials, or transport.

It covers those events wherever they happen. An outage at an internet or telecommunications provider, a cellular or radio carrier, an SMS, voice, email, or push delivery provider, a DNS or certificate authority, a cloud, hosting, or data-centre operator, or a power utility counts under this section whether it strikes our premises, your sites, a supplier of either of us, or a whole region or industry at once. A widespread disruption affecting many operators — a cyber attack, a routing or resolver failure, a large-scale provider incident — is exactly the kind of event this section is for, and is not made our responsibility by the fact that our platform runs on top of it.

The affected party will tell the other as soon as it reasonably can and will work to resume performance. If the event continues for more than 60 days, either of us may terminate the affected orders or this agreement on written notice, and we will refund anything you have paid for something we have not delivered.

No waiver. If either of us does not enforce a right, or delays enforcing it, that is not a waiver of it, and enforcing a right once does not commit us to doing so again. A waiver counts only if it is in writing, and it applies only to the occasion it names.

Severability. If a provision is found unenforceable, it is limited or removed to the minimum extent necessary and the rest of these Terms stay in force.

Assignment. You may not assign or transfer these Terms without our written consent, which we will not unreasonably withhold. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of the business, on notice to you.

No third-party rights. These Terms are between you and us, and no one else can enforce them.

Independent parties. Nothing here makes either of us the other’s agent, partner, employee, or joint venturer.

Notices. We send legal notices to the email addresses on your account, and they take effect when sent. Send yours to legal@freshcontrols.com.

Governing law and venue. [PLACEHOLDER — OWNER TO COMPLETE: governing law and the courts that have jurisdiction, to be confirmed with counsel before these Terms leave draft.] Nothing in this provision removes a mandatory protection or forum available to you under the consumer law of the place you live.

Questions about these Terms can be sent to legal@freshcontrols.com.