Terms of Service

These Terms of Service ("Terms") govern your access to and use of kilimnajaria.com and the Kilimanjaria freight route optimization platform (collectively, the "Service"), operated by Kilimanjaria S.L. ("the Company," "we," "us," or "our") (Calle de Serrano 41, 4ª Planta, 28001 Madrid, Spain). By accessing or using the Service you agree to be bound by these Terms. If you do not accept them, do not use the Service.

Where your organisation has entered into a separate written subscription agreement with Kilimanjaria S.L., that agreement takes precedence over these Terms to the extent of any conflict.

If you are a consumer (a natural person acting outside your trade, business, craft, or profession), nothing in these Terms limits your statutory consumer rights under the laws of your country of residence.

1. Agreement

These Terms form a binding agreement between you (and, where applicable, the organisation on whose behalf you use the Service) and Kilimanjaria S.L. (Calle de Serrano 41, 4ª Planta, 28001 Madrid, Spain). By registering for an account, submitting a demo request, or otherwise using the Service, you confirm that you have the authority to bind yourself and any organisation you represent.

2. The Kilimanjaria Service

Kilimanjaria provides AI-assisted freight route replanning and load optimization tools for logistics operations desks. The Service ingests shipment and carrier data you provide, evaluates routing alternatives when port schedule disruptions occur, and surfaces rerouted plans with carrier allocation recommendations. Route suggestions and carrier options are recommendations only. Your logistics team is responsible for evaluating options and confirming any routing or carrier decision. Kilimanjaria does not book freight or commit carrier capacity on your behalf.

3. Use of the Service

• You must be at least 18 years of age to register for or use the Service.
• You agree not to use the Service for any unlawful purpose or in a way that violates any applicable regulation.
• You agree not to attempt unauthorised access to any part of the Service or its underlying systems.
• You agree not to copy, scrape, or reverse-engineer the Service except as expressly permitted by mandatory applicable law.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity carried out under your account.

4. Intellectual Property

The Service, including all software, algorithms, visual elements, content, and documentation, is owned by Kilimanjaria S.L. or its licensors and is protected under Spanish and EU intellectual property law. You receive a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal logistics operations purposes, for the duration of your subscription or trial period.

Nothing in these Terms transfers any ownership of intellectual property to you. All route replanning algorithms, load optimisation logic, and freight data models remain the property of Kilimanjaria S.L.

5. Your Data and Content

You retain ownership of any freight operational data, shipment records, and carrier information you submit through the Service ("Your Data"). You grant Kilimanjaria S.L. a limited, non-exclusive licence to process Your Data solely to provide the Service to you and your organisation. We do not use Your Data to train AI models, benchmark against other customers, or for any purpose beyond operating the platform, without explicit written consent from your organisation. See our Privacy Policy for full details of how personal data within Your Data is handled.

6. Right of Withdrawal (Consumer Contracts)

Where you enter into a paid contract with us as a consumer at a distance, you have the right to withdraw within 14 calendar days without giving any reason, under the EU Consumer Rights Directive (2011/83/EU) as transposed into Spanish law. To exercise the right, contact us at [email protected] with a clear statement of your withdrawal. We will refund all payments received within 14 days.

The Kilimanjaria Service is a B2B freight operations tool primarily sold to organisations. This right of withdrawal applies only if you have contracted as a natural person acting outside any trade or business purpose. Subscription fees already consumed prior to withdrawal may be deducted on a pro-rata basis where you have requested early access to the service and thereby consented to beginning performance within the withdrawal period.

7. Disclaimers and Statutory Guarantees

The Service is provided on an "as is" and "as available" basis. Kilimanjaria does not warrant that the Service will be uninterrupted, error-free, or that route replanning suggestions will prevent all detention events. Route suggestions reflect available data at the time of generation; actual carrier availability and port conditions may differ.

Nothing in these Terms excludes or limits the Company's liability for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be excluded under mandatory Spanish or EU law. Statutory guarantees that apply to consumers under EU law are not affected by these Terms.

8. Limitation of Liability

To the extent permitted by Spanish and EU law, Kilimanjaria S.L.'s total aggregate liability arising from or related to the Service -- whether in contract, tort, or otherwise -- will not exceed the greater of: (a) the fees paid by you to Kilimanjaria S.L. in the three months preceding the event giving rise to the claim, or (b) EUR 100. This limitation does not apply to liability that cannot be limited under mandatory law (see Section 7).

Kilimanjaria S.L. is not liable for any indirect, incidental, or consequential losses, including detention fees incurred, lost contracts, or operational disruption, to the extent permitted by applicable law.

9. Termination

Either party may terminate the Service on the notice period specified in the applicable subscription agreement. We may suspend or terminate your access immediately for material breach of these Terms, non-payment of fees, or where continued access would breach applicable law. Sections 4, 5, 7, 8, 10, and 11 survive termination.

10. Governing Law and Jurisdiction

These Terms are governed by the laws of Spain, without regard to its conflict of laws rules.

Any dispute arising from or connected to these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the courts of Madrid, Spain, subject to any mandatory consumer-protection rules of your country of residence. If you are a consumer resident in another EU member state, you may also bring proceedings before the courts of your country of residence, and we may bring proceedings against you only in those courts (pursuant to Article 17-19 of Regulation (EU) No 1215/2012).

The European Commission provides an Online Dispute Resolution platform for consumer disputes at ec.europa.eu/consumers/odr. We do not commit to using ADR but will cooperate where required by applicable law.

11. Changes to These Terms

We may update these Terms to reflect changes in our Service, applicable law, or our business practices. Material changes will be communicated by posting a revised version with an updated "Last updated" date. For registered users, we will provide notice via email or in-platform notification at least 14 days before material changes take effect. Your continued use of the Service after the effective date of any change constitutes acceptance of the revised Terms.

12. Contact

Kilimanjaria S.L.
Calle de Serrano 41, 4ª Planta
28001 Madrid, Spain
Email: [email protected]
Phone: +34 91 458 20 60