This is an English translation of the Términos y Condiciones, provided for information. The Spanish version is the one that applies: if the two versions differ, the Spanish version prevails.
1. Who we are and what these terms govern
These General Terms and Conditions govern access to and use of Porteo, the platform for digitalising transport documents available at porteo.app and through the Porteo mobile app, owned by Porteo Tech S.L., with tax ID (NIF) B71561278, registered office at Calle Cortes de Navarra, 5, planta 0, 31002 Pamplona (Navarra), Spain, registered in the Commercial Register of Navarra, sheet NA-00045576, electronic folio IRUS 1000476656170, and email info@porteo.app.
Subscribing to Porteo or using the platform means accepting these terms in full. They are supplemented by the Legal notice (in Spanish), the Privacy policy, the Cookie policy (in Spanish) and the Data processing agreement (in Spanish).
2. Definitions
- Customer: the company or professional that subscribes to Porteo and holds the account.
- Account user: each person to whom the Customer gives access to its account.
- Signatory: anyone who signs a document from a link (shipper, driver or consignee), whether or not they have an account.
- Document: each transport document generated on the platform, regardless of its type and of the number of signatures it requires.
3. Who may subscribe
Porteo is a business-to-business service. It may only be subscribed to by legal entities or self-employed workers acting within the scope of their professional activity, and therefore consumer protection legislation does not apply. Whoever subscribes declares that they have sufficient capacity and the authority to represent the company they indicate.
The Customer may equally be the shipper that dispatches the goods, a transport operator that organises transport carried out by third parties, or a carrier that manages its own transport. The service is the same for all three: it is subscribed to by whoever organises the transport and coordinates the signatures.
When the Customer organises the transport of goods it does not own (the usual case of an operator collecting from several customers), it remains responsible towards each of them for the information contained in the documents it issues. Porteo does not take part in that relationship.
Signatories who are not Customers (drivers and consignees) use Porteo free of charge and are only subject to sections 12, 15, 17 and 19.
4. Registration and access
Registration in Porteo is subject to approval: access is requested from the website and Porteo enables it after reviewing the request. Porteo may refuse a request without giving reasons.
The Customer is responsible for keeping its credentials confidential and for the activity carried out from its account, including adding and removing Users. It must notify us immediately of any unauthorised use.
5. What the service does, and what it does not
Porteo makes it possible to generate transport documents with the fields required by Spanish regulations, collect the parties’ signatures by link, seal the resulting document, keep it in custody and make it available through a verifiable QR code.
Porteo is not, and must not be understood as:
- A legal advice service. The platform is a tool; determining which document applies to each transport and which data must be included is the Customer’s responsibility.
- A qualified trust service provider within the meaning of the eIDAS Regulation. Porteo integrates an external signature provider and does not issue qualified certificates.
- A transport, transport brokerage or goods storage service.
The mobile app is a complementary tool: regulatory compliance does not depend on having it installed, because the document is generated electronically and the verification code can be presented by other means.
6. Plans and prices
The plan subscribed to, its fee, the number of documents included and the price per additional document are those set out in the sign-up or in the commercial proposal accepted by the Customer, which form part of these Terms. Amounts are expressed in euros and do not include VAT or other applicable taxes.
Regardless of the plan, the following rules apply:
- Each document uses one unit of the monthly quota, whatever the number of signatures it requires.
- Documents exceeding the quota are invoiced at the agreed price per additional document. Under the pay-as-you-go option, all documents are invoiced this way.
- The quota is renewed with each billing period and does not carry over from one month to the next.
Porteo may change prices and quotas by giving 30 days’ notice. If you do not accept the change, you may cancel before it takes effect without any penalty.
7. Invoicing and payment
Payments are processed through Stripe. The subscription is charged in advance at the start of each period, and usage above the quota is settled at the end of the month.
If a charge is unpaid we will let you know, and you will have fifteen calendar days to settle it. After that period, Porteo may suspend access to the document creation features. Suspension for non-payment does not delete documents already issued, which will remain in custody and accessible in accordance with section 10, because they are the Customer’s legal documentation.
8. Term, renewal and cancellation
The subscription is taken out for monthly periods and renews automatically unless cancelled. There is no minimum term and no penalty for cancelling.
You may cancel at any time by writing to info@porteo.app, at no cost and without giving reasons. Cancellation takes effect at the end of the current period, which has already been paid and which you may continue to use; periods already started are not refunded.
9. Customer obligations
- Truthfulness and accuracy of the data. Porteo generates the document with the information the Customer enters and does not verify it. Checking that a document’s data are correct and complete before issuing it is the Customer’s sole responsibility.
- Entitlement to third-party data. When the Customer enters data of drivers, consignees or other companies, it warrants that it is entitled to process them and to disclose them to us, and that it has informed those persons in accordance with Art. 14 of the GDPR.
- Lawful use. Not using the platform for unlawful purposes, nor to document fictitious transport, nor attempting to access data of other accounts, nor reverse engineering the service, nor overloading it with automated requests outside the documented API.
10. Documents, custody and exit
Porteo keeps issued documents in custody for the period stated in the Privacy policy. During that period the Customer may download and export them at any time.
After cancellation, the Customer has 90 days to download its documents. We recommend doing so before cancelling. Porteo will then keep only what the law requires it to keep.
The documents belong to the Customer, not to Porteo. Porteo claims no right over their content and does not use it for any purpose other than providing the service.
11. Electronic signature: what it supports and what it does not
The signatures collected in Porteo today are generated through an external electronic signature provider that captures the biometric data of the stroke and links them to the signed document, together with verification of the signatory’s NIF and an integrity mechanism that invalidates the signatures if the document is altered afterwards.
Documents signed this way, which is the only way new signatures are accepted, also include a qualified timestamp and online verification of the certificate status, applied by the qualified providers of the signature service, so that the resulting document is long-term: the date is not one declared by anyone, but one certified by a third party, and there is a record that the certificate was valid at that moment.
The evidential value of the signature rests on the external provider and on the guarantees of its own service. And it is worth being precise about the limit: this is an advanced signature, not a qualified one. The qualified signature of Art. 25.2 of the eIDAS Regulation requires that the signatory hold a qualified certificate and a qualified signature creation device, and Porteo neither issues nor requires them. Nor is the signatory verified beforehand with a one-time code.
Determining whether the signature level is sufficient for a specific document (especially in international transport or for high-value documents) is a legal assessment that falls to the Customer. Porteo describes accurately what its technology does, and does not guarantee the outcome of a dispute over the validity of a signature.
12. Free users: drivers and consignees
Anyone who receives a link to sign may do so without creating an account and at no cost. By signing, they declare that they are the person identified in the document or are authorised to sign on their behalf.
The signing link is personal, single-use and valid for a limited time: it must not be forwarded to third parties. Porteo may invalidate a link if it detects misuse.
13. Mobile app
Porteo grants a personal, free, revocable and non-transferable licence to use the mobile app, limited to its purpose. Copying, modifying, decompiling or distributing it is not permitted.
The app may update automatically. Porteo may stop supporting old versions of the operating system by giving reasonable advance notice.
14. Availability and support
Porteo uses reasonable means to keep the service continuously available, but does not commit to a guaranteed availability percentage or to a maximum response time, unless agreed in writing in a specific agreement.
We may carry out maintenance that temporarily interrupts the service, giving advance notice where possible. Support is provided in Spanish and by email at info@porteo.app, during business hours.
15. Intellectual property
The platform, its software, its design, its documentation and its trademarks are the property of Porteo Tech S.L. or of third parties that have authorised their use. These terms grant a right to use the service, not an assignment of rights.
If you send us suggestions about the product, we may incorporate them without this giving rise to any obligation or consideration.
16. Data protection
The processing of personal data is governed by the Privacy policy.
As regards the personal data the Customer enters on the platform (those of its drivers, consignees and counterparties), the Customer is the controller and Porteo acts as processor, under Art. 28 of the GDPR and the data processing agreement (in Spanish), which forms an integral part of these terms.
17. Liability
Porteo is liable for direct damage caused by breach of these terms. Except in cases of wilful misconduct or gross negligence, where the law does not allow limitation, Porteo’s total liability towards the Customer for any claim is limited to the amount actually invoiced in the twelve months prior to the event giving rise to it.
Porteo is not liable for:
- The data the Customer enters, nor for the consequences of their being incorrect, incomplete or false.
- Administrative penalties imposed on the Customer, unless they arise directly from a proven failure of the platform.
- Interruptions attributable to telecommunications providers, to the third-party services listed in the Privacy policy, or to force majeure.
- The loss of documents the Customer has not downloaded within the periods of section 10.
18. Changes and suspension
Porteo may change these terms by giving 30 days’ notice by email. If you do not accept them, you may cancel before they come into force; using the service after that date means accepting them.
Porteo may suspend or terminate the contract immediately in the event of unlawful use of the platform, non-payment after the period of section 7, or serious breach of section 9.
19. Governing law and jurisdiction
These terms are governed by Spanish law. For any dispute, the parties submit to the Courts and Tribunals of Pamplona, expressly waiving any other jurisdiction that may correspond to them, unless a mandatory rule provides otherwise.