Terms of Use

These terms govern your use of the TrackMyMachines platform, website and related services (the "Service"), provided by TrackMyMachines Ltd, a company registered in England and Wales under number 14889462, with its registered office at 133 Lathe Road, Rotherham, S60 4LL ("TrackMyMachines", "we", "us"). By accessing or using the Service you agree to these terms on behalf of yourself and the organisation you represent ("you", "Customer").

1. The Service

TrackMyMachines provides software for monitoring machine data, such as utilisation, downtime and OEE, and for reporting on it. We may update, improve or change the Service from time to time. We will give reasonable notice of any change that materially reduces its core functionality.

2. Accounts and access

You must provide accurate information when registering and keep your login credentials confidential. You are responsible for all activity under your accounts and must tell us promptly if you suspect unauthorised access. Only authorised users within your organisation may use the Service.

3. Acceptable use

You must not:

• use the Service unlawfully or in breach of these terms;
• attempt to gain unauthorised access to the Service, other customers' data or our systems;
• interfere with or disrupt the Service, including by introducing malware or overloading it;
• copy, reverse engineer, decompile or resell the Service, except as permitted by law;
• use the Service to build a competing product.

We may suspend access where use breaches this section or threatens the security or stability of the Service.

4. Your data

You retain ownership of all data you or your machines send to the Service ("Customer Data"). You grant us a licence to host, process and display Customer Data solely to provide, support and improve the Service. We may use aggregated, anonymised data that does not identify you or any individual for analytics and product improvement.

You are responsible for the accuracy and legality of Customer Data and for having any necessary rights and consents to provide it, including where it relates to individual operators.

5. Data protection

Each party will comply with applicable data protection law, including the UK GDPR. Where we process personal data on your behalf, we do so as your processor, on the terms of our data processing agreement. Our Privacy Policy explains how we handle personal data for which we are the controller.

6. Intellectual property

We and our licensors own all rights in the Service, including the software, design, trademarks and documentation. These terms give you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during your subscription. Nothing transfers ownership of our intellectual property to you.

7. Fees and payment

Fees are set out in your order form or subscription plan. Unless agreed otherwise, fees are invoiced in advance, payable within 30 days of the invoice date, exclusive of VAT, and non-refundable. We may charge interest on late payments and suspend the Service for non-payment after reasonable notice. We may change fees on renewal by giving at least 30 days' notice.

8. Term and termination

Your subscription runs for the term in your order form and renews automatically for successive periods of the same length unless either party gives notice of non-renewal at least 30 days before the end of the current term. Either party may terminate on written notice if the other commits a material breach that is not remedied within 30 days of notice, or becomes insolvent.

On termination your right to use the Service ends. We will make Customer Data available for export for 30 days, after which we may delete it.

9. Availability and support

We will use reasonable efforts to keep the Service available and to provide support during normal business hours. Planned maintenance and events outside our reasonable control may affect availability. The Service relies on machine connectivity and your network, which we do not control.

10. Warranties and disclaimer

We will provide the Service with reasonable skill and care. Beyond this, and to the extent permitted by law, the Service is provided "as is" and we do not warrant that it will be uninterrupted or error-free. Reports and analytics are decision-support tools; you remain responsible for operational, safety and commercial decisions made using them, and the Service must not be relied on as a safety system.

11. Limitation of liability

Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot be limited by law. Subject to that:

• we are not liable for loss of profit, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss; and
• our total liability arising from these terms in any 12-month period is limited to the fees you paid us in that period.

12. Confidentiality

Each party will keep the other's non-public business information confidential, use it only for the purposes of these terms, and disclose it only to those who need to know it or as required by law.

13. Changes to these terms

We may update these terms from time to time. We will notify you of material changes in advance, and continued use of the Service after the change takes effect means you accept the updated terms.

14. General

These terms, together with your order form and any data processing agreement, are the entire agreement between us on their subject matter. You may not assign these terms without our consent. If any provision is unenforceable, the rest remain in effect. A failure to enforce a right is not a waiver of it. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

15. Contact

Questions about these terms: info@trackmymachines.com.