General Terms of Service
Enthalpic Monitoring Services
Version 1.0 — January 2026
Preamble
These General Terms of Service (hereinafter "GTS") govern the contractual relationship between Enthalpic SRL and the Client in connection with the provision of the "Enthalpic Monitoring Services" temperature monitoring service.
Enthalpic Monitoring Services is a digital platform enabling remote temperature monitoring of refrigeration equipment, telemetry data recording, alert threshold configuration, and automatic notification delivery.
Subscription to the Service implies full and complete acceptance of these GTS. The Client acknowledges having read these GTS and accepts them without reservation.
Article 1 — Definitions
In these GTS, the following terms have the meanings indicated below:
- "Provider": Enthalpic SRL, a private limited liability company under Belgian law, registered with the Crossroads Bank for Enterprises under number 1027.638.883, with its registered office at Rue de Maibelle 21, 5100 Jambes, Belgium.
- "Client": any natural or legal person, acting in a professional capacity, who subscribes to the Service.
- "Service" or "Enthalpic Monitoring Services": all temperature monitoring features made available to the Client via the Platform, including in particular the collection, recording and visualization of temperature data, alert configuration and notification delivery.
- "Platform": the web interface accessible at the address indicated by the Provider, allowing the Client to access the Service.
- "Sensor" or "Equipment": the temperature measurement hardware device provided by the Provider, intended to be installed on the Client's refrigeration equipment.
- "SIM Card": the IoT SIM card provided by the Provider, enabling data transmission from the Sensor to the Platform via the cellular network.
- "License": the right of access to the Service granted to the Client for each registered Sensor, subject to payment of the corresponding fee.
- "Data" or "Telemetry Data": all temperature measurements and associated metadata (timestamp, sensor identifier, etc.) collected by the Sensors and transmitted to the Platform.
- "Contract": the whole formed by these GTS, the purchase order or online subscription, and any amendments.
- "Business Day": any day of the week from Monday to Friday, excluding public holidays in Belgium.
Article 2 — Purpose
The purpose of these GTS is to define the conditions under which the Provider provides the Client with the Enthalpic Monitoring Services, as well as the rights and obligations of each party.
The Service is intended exclusively for professional use. The Client declares that they are acting within the scope of their professional activity and are not a consumer within the meaning of the Belgian Code of Economic Law.
Article 3 — Description of the Service
3.1 Features included
The Enthalpic Monitoring Services includes the following features:
- Automatic collection of temperature data transmitted by the Sensors;
- Recording and storage of Telemetry Data on the Platform;
- Real-time and historical data visualization via the web interface;
- Configuration of customizable alert thresholds by the Client;
- Automatic email notifications when thresholds are exceeded;
- SMS notifications (depending on the subscribed plan);
- Generation of temperature reports in PDF format;
- Data export in CSV format upon request.
3.2 Service levels
The Provider offers different service levels whose characteristics are described on the Website or in commercial documents. The "Online" plan constitutes the basic level and includes the features described in Article 3.1.
3.3 Exclusions
The Service does not include:
- Physical installation of Sensors on the Client's equipment;
- Maintenance of the Client's refrigeration equipment;
- Periodic calibration of Sensors;
- Any advisory services regarding regulatory compliance;
- Any emergency intervention following an alert.
Article 4 — Access and Use Conditions
4.1 Technical requirements
Use of the Service requires:
- A stable Internet connection;
- A recent web browser (Chrome, Firefox, Safari, Edge in their current versions);
- Cellular network coverage (NB-IoT or LTE-M) at the Sensor locations;
- A valid email address for receiving alerts.
4.2 User account
Access to the Service requires the creation of a user account. The Client is responsible for the confidentiality of their login credentials and all activities carried out from their account.
The Client undertakes to immediately inform the Provider of any unauthorized use of their account or any security breach of which they become aware.
4.3 Compliant use
The Client undertakes to use the Service in accordance with its intended purpose and these GTS. In particular, the following is prohibited:
- Attempting to access data of other users;
- Disrupting or attempting to disrupt the operation of the Platform;
- Using the Service for unlawful purposes or contrary to public policy;
- Reverse engineering, decompiling or disassembling the Platform.
Article 5 — Orders and Subscription
5.1 Subscription methods
Subscription to the Service may be made:
- Online via the Provider's webshop, by purchasing a Sensor and SIM Card including the first year of License;
- By signing a specific purchase order for customized plans.
5.2 Online ordering process
The online order is deemed complete upon validation of payment by the Client. A confirmation email is sent to the Client summarizing the details of their order.
Sensors and SIM Cards are shipped to the address indicated by the Client. License activation occurs upon registration of the Sensor on the Platform by the Client.
5.3 Service activation
The Client is responsible for installing the Sensor on their refrigeration equipment and registering it on the Platform. The Provider makes installation documentation available. Technical support can be contacted in case of difficulty.
Article 6 — Prices and Payment Terms
6.1 Prices
The prices of the Service, Sensors and SIM Cards are those in effect on the day of the order, as indicated on the Website or in the quote. All prices are expressed in euros and are exclusive of taxes (VAT excluded).
The License price for the "Online" plan is one hundred and eighty euros (€180) excluding VAT per Sensor per year.
6.2 Invoicing
The License is invoiced annually, in advance, on the anniversary date of the subscription. An invoice is sent to the Client electronically.
6.3 Payment methods
For online orders, payment is made at the time of order by the payment methods accepted on the Platform (Bancontact, SEPA transfer, bank card).
For off-platform orders (on quote), payment is made by bank transfer within thirty (30) days from the invoice date, unless otherwise agreed in writing.
6.4 Late payment
In case of late payment, the Provider reserves the right to:
- Apply late payment interest at the legal rate applicable in Belgium for commercial transactions, plus two percentage points;
- Claim a fixed recovery compensation of forty euros (€40), without prejudice to the right to claim additional compensation upon justification;
- Suspend access to the Service after a formal notice remaining without effect for fifteen (15) days;
- Terminate the Contract automatically in accordance with Article 8.3.
6.5 Price revision
The Provider reserves the right to modify its prices. The new prices apply to License renewals occurring after their effective date. The Client is informed of any price change at least sixty (60) days before it takes effect.
Article 7 — Sensors and SIM Cards
7.1 Sale of equipment
Sensors and SIM Cards are sold to the Client, who becomes the owner upon full payment of the price. Transfer of risk occurs upon delivery to the carrier.
7.2 Sensor characteristics
The Sensors provided are Efento brand and are certified compliant with the EN 12830 standard. Detailed technical specifications are available upon request or on the manufacturer's website.
The Client acknowledges having been informed that the use of EN 12830 certified Sensors is required by European regulations (EC Regulation 37/2005) for monitoring frozen storage rooms (deep freezing). For chilled storage rooms, this certification is not legally required but is recommended.
7.3 Manufacturer warranty
Sensors benefit from the manufacturer's warranty, the terms of which are defined by the manufacturer. The Provider transmits to the Client all useful information regarding this warranty. The warranty does not cover damage resulting from misuse, non-compliant installation, or external events (shocks, excessive humidity, etc.).
7.4 Calibration
The Client is informed that temperature Sensors may drift over time and lose accuracy. Periodic verification (calibration) of Sensors in accordance with EN 13486 standard is the sole responsibility of the Client.
The Provider may offer a calibration service as an option, according to current pricing conditions.
7.5 SIM Cards
The SIM Cards provided are pre-configured to work with the Sensors and the Platform. They enable data transmission via IoT cellular networks (NB-IoT, LTE-M).
The Client is informed that the availability and quality of the cellular network depend on the network operator and may vary according to geographical location. The Provider does not guarantee network coverage at the location chosen by the Client for Sensor installation.
Article 8 — Duration, Renewal and Termination
8.1 Duration
The Contract is concluded for an initial period of one (1) year from the activation of the first License.
8.2 Renewal
Upon expiration of the initial period, and unless terminated by either party under the conditions set out below, the Contract is automatically renewed by tacit renewal for successive periods of one (1) year.
Either party may oppose renewal by notifying their decision to the other party in writing (email with acknowledgment of receipt or registered letter) at least thirty (30) days before the expiry date.
8.3 Termination for breach
In case of serious breach by either party of its contractual obligations, the other party may terminate the Contract automatically, without prejudice to any damages, after formal notice sent by registered letter remaining without effect for a period of fifteen (15) days.
The following constitute serious breaches:
- Non-payment of amounts due by the Client after formal notice;
- Use of the Service in a manner not compliant with these GTS;
- Any infringement of the Provider's intellectual property rights.
8.4 Effects of termination
In case of termination, regardless of the cause:
- Access to the Service is deactivated on the effective date of termination;
- Amounts already invoiced remain due and are not refunded, even pro rata for the unexpired period;
- The Client may request export of their Data within thirty (30) days following termination, according to the procedures set out in Article 11;
- After this period, the Client's Data is deleted from the Provider's servers.
Sensors and SIM Cards remain the property of the Client. They may continue to be used with the Service subject to subscription of a new License.
Article 9 — Provider's Obligations
9.1 Service provision
The Provider undertakes to provide the Service with diligence and according to the rules of the art, in accordance with the professional standards of its sector of activity.
The Provider undertakes to implement the necessary means to ensure the availability of the Platform. However, the Provider does not guarantee uninterrupted availability of the Service and reserves the right to temporarily suspend access for maintenance operations, updates or in case of force majeure.
9.2 Security and hosting
Data is hosted on servers located in Belgium. The Provider implements appropriate technical and organizational measures to protect Data against loss, unauthorized access, modification or destruction.
9.3 Data retention
The Provider retains Telemetry Data for a period of five (5) years from their collection, unless otherwise requested by the Client or early deletion in case of Contract termination.
9.4 Incident notification
The Provider undertakes to inform the Client as soon as possible of any major incident affecting the availability or security of the Service.
Article 10 — Client's Obligations
10.1 Sensor installation and maintenance
The Client is responsible for the correct installation of Sensors on their refrigeration equipment, in accordance with the documentation provided by the Provider. The Client ensures the proper functioning of the Sensors and their maintenance.
10.2 Alert configuration
The Client is solely responsible for configuring alert thresholds on the Platform. It is the Client's responsibility to define thresholds appropriate to their needs and compliant with their regulatory obligations where applicable.
10.3 Response to alerts
The Client acknowledges that the Service constitutes a monitoring aid tool and not a guarantee against temperature incidents. It is the Client's responsibility to respond appropriately to alerts received and to take necessary corrective measures.
The Client may not rely exclusively on the Service to ensure compliance with the cold chain and remains solely responsible for implementing additional procedures appropriate to their activity.
10.4 Accurate information
The Client undertakes to provide accurate and up-to-date information during subscription and throughout the duration of the Contract, in particular their email address for receiving alerts.
10.5 Regulatory compliance
The Client is solely responsible for compliance with regulations applicable to their activity, in particular regarding food safety (HACCP, European regulations 852/2004, 853/2004, 37/2005, etc.), medication storage or any other sectoral regulation.
The Service is provided as a technical tool. It is not intended to replace the Client's self-monitoring system or to guarantee their compliance with regulatory requirements.
Article 11 — Technical Support
11.1 Support scope
Technical support includes assistance with using the Platform, help diagnosing Sensor connectivity issues, and answers to questions regarding Service features.
11.2 Methods
For the "Online" plan, technical support is accessible:
- By email at [email protected];
- By phone at +32 10 87 82 54;
- Monday to Friday, 9:00 AM to 5:00 PM (Brussels time), excluding public holidays.
11.3 Response time
The Provider strives to respond to email support requests within twelve (12) business hours. This timeframe constitutes a target and not a firm commitment.
11.4 Exclusions
Technical support does not cover issues related to the Client's environment (Internet connection, network coverage, refrigeration equipment), nor requests for in-depth training or development of specific features.
Article 12 — Intellectual Property
12.1 Provider's rights
The Platform, its architecture, source code, databases, graphical interface and all elements composing it are and remain the exclusive property of the Provider or its licensors.
These GTS do not confer on the Client any intellectual property rights over the Service. The Client only benefits from a personal, non-exclusive and non-transferable right of use during the term of the Contract.
12.2 Client's Data
The Client remains the owner of the Telemetry Data collected by their Sensors. The Provider claims no ownership rights over this Data.
The Client grants the Provider a limited license to use their Data solely for the purposes of providing the Service (storage, display, generation of alerts and reports).
12.3 Anonymized data
The Provider may use anonymized and aggregated data, which does not allow identification of the Client, for statistical purposes and Service improvement.
Article 13 — Personal Data Protection
13.1 Data controller
In the context of the Service, the Provider acts as a processor within the meaning of the General Data Protection Regulation (GDPR) for the processing of Telemetry Data. The Client is the data controller for personal data they collect in the course of their activity.
For data relating to commercial relationship management (Client's identity and contact details), the Provider acts as data controller.
13.2 Data processing agreement
Where Data processing involves personal data within the meaning of the GDPR, the parties undertake to conclude a Data Processing Agreement in accordance with the requirements of Article 28 of the GDPR. This agreement is available as an annex or upon request.
13.3 Data location
Data is hosted and processed on servers located in Belgium. No transfer of data to countries outside the European Union is carried out in the context of providing the Service.
13.4 Privacy policy
The Provider's privacy policy, accessible at Privacy Policy, describes the personal data processing implemented and the rights of data subjects.
Article 14 — Liability
14.1 Principle
The Provider is subject to an obligation of means in the context of providing the Service. It undertakes to perform its obligations with diligence and professionalism.
14.2 Limitation of liability
The Provider's liability may only be engaged for direct damages resulting from a proven breach of its contractual obligations.
UNDER NO CIRCUMSTANCES SHALL THE PROVIDER BE LIABLE FOR INDIRECT DAMAGES, INCLUDING:
- Loss of goods, stock or products, regardless of cause;
- Loss of business, revenue or profits;
- Loss of customers or damage to reputation;
- Administrative sanctions, fines or penalties imposed by regulatory authorities;
- Damage resulting from third-party claims;
- Any other indirect or consequential damage.
14.3 Cap
IN ANY EVENT, THE PROVIDER'S TOTAL LIABILITY UNDER THE CONTRACT IS CAPPED AT THE AMOUNT ACTUALLY PAID BY THE CLIENT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE DAMAGE.
14.4 Exclusions of liability
The Provider shall not be held liable in case of:
- Failure of the telecommunications operator's cellular network;
- Breakdown, malfunction or failure of the Client's refrigeration equipment;
- Improper installation or configuration of Sensors by the Client;
- Incorrect or unsuitable configuration of alert thresholds by the Client;
- Lack of response or delayed response by the Client to an alert;
- Failure of the Client's Internet connection or IT infrastructure;
- Non-receipt of alert emails due to the Client's spam filtering or an invalid email address;
- Accuracy drift of Sensors in the absence of periodic calibration;
- Scheduled Service interruption for maintenance, notified to the Client;
- Force majeure events as defined in Article 15.
14.5 Nature of the Service
THE CLIENT EXPRESSLY ACKNOWLEDGES THAT:
- The Service is a monitoring aid tool and cannot guarantee detection of all temperature anomalies;
- The Service does not replace the Client's self-monitoring system or their duty of vigilance;
- The reliability of alerts depends on many factors beyond the Provider's control (network, Sensor power supply, etc.);
- Reports generated by the Platform are provided "as is" and their enforceability with regulatory authorities depends on the overall compliance of the Client's self-monitoring system.
Article 15 — Force Majeure
Neither party shall be held liable for failure to perform its obligations if such failure results from a force majeure event within the meaning of Article 5.226 of the Belgian Civil Code.
The following are considered force majeure events, without this list being exhaustive:
- Natural disasters, fires, floods, storms;
- Wars, acts of terrorism, riots, civil unrest;
- Pandemics and health crises;
- General or sectoral strikes affecting essential services;
- Major failures of telecommunications or electricity networks;
- Large-scale cyberattacks;
- Decisions by public authorities making Contract performance impossible.
In case of force majeure, affected obligations are suspended for the duration of the event. If it continues beyond three (3) months, either party may terminate the Contract without compensation.
Article 16 — Confidentiality
Each party undertakes to treat as confidential all technical, commercial or financial information that it may receive from the other party in connection with the Contract.
This confidentiality obligation does not apply to information that was already in the public domain at the time of its communication, that has become public without fault of the receiving party, that was lawfully obtained from a third party not bound by confidentiality, or whose disclosure is required by law or court order.
This confidentiality obligation shall continue for a period of three (3) years after the end of the Contract.
Article 17 — Amendments to Terms
The Provider reserves the right to modify these GTS at any time. Modifications take effect on the indicated date, which may not be less than thirty (30) days after their notification to the Client by email or publication on the Website.
If the Client does not accept the modifications, they may terminate the Contract before they take effect, without penalty. Continued use of the Service after the modifications take effect constitutes acceptance thereof.
Modifications do not apply to current Contracts for their remaining commitment period, unless expressly agreed by the Client or required for legal compliance.
Article 18 — General Provisions
18.1 Entirety
These GTS, together with the purchase order or online subscription and any annexes, constitute the entire agreement between the parties and replace any prior agreement relating to the same subject matter.
18.2 Partial invalidity
If any provision of these GTS is declared null or unenforceable, the other provisions shall remain in force. The parties shall endeavor to replace the null provision with a valid provision that best reflects the parties' original intention.
18.3 Waiver
The failure of either party to enforce any breach by the other party of any of its obligations shall not be construed as a waiver of the obligation in question.
18.4 Assignment
The Client may not assign the Contract or the rights and obligations arising therefrom without the prior written consent of the Provider. The Provider may freely assign the Contract to any company in its group or to any acquirer of its business.
18.5 Independence of parties
The parties are and remain independent parties. Nothing in these GTS creates between them any relationship of partnership, agency or subordination.
Article 19 — Applicable Law and Jurisdiction
19.1 Applicable law
These GTS are governed by Belgian law.
19.2 Dispute resolution
In case of any dispute relating to the formation, interpretation or performance of these GTS, the parties undertake to seek an amicable solution before any legal action.
Failing amicable resolution within thirty (30) days from written notification of the dispute, the courts of the judicial district of Namur shall have exclusive jurisdiction to hear the dispute.
Acceptance of Terms
By subscribing to the Enthalpic Monitoring Services, the Client declares:
- Having read these General Terms of Service;
- Accepting all their provisions without reservation;
- Acting as a professional in the course of their commercial, industrial, craft or liberal activity;
- Having understood the nature of the Service and its limitations as described in Articles 3 and 14;
- Acknowledging that the Service does not replace their self-monitoring system or their regulatory obligations.
Provider Contact Details
Enthalpic SRL
Rue de Maibelle, 21
5100 Jambes, Belgium
Company number: 1027.638.883
VAT: BE 1027.638.883
Email: [email protected]
Support: [email protected]
Phone: +32 10 87 82 54
Website: www.enthalpic.be