Agreement to Terms
These Terms of Service ("Terms") govern your access and use of the Freightline Metric Systems platform (the "Service") operated by Freightline Metric Systems ("Company," "we," "us," "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you may not use the Service.
1. Definitions
- "Account": Your user account and credentials to access the Service
- "Client Data": All data, information, and content you upload, integrate, or store in the Service
- "Confidential Information": Non-public information about either party disclosed in connection with these Terms
- "Service": The Freightline Metric Systems platform, including all features, tools, dashboards, and integrations
- "User": Any person accessing the Service through your Account
2. Account Registration and Responsibilities
2.1 Account Creation
To use the Service, you must create an account with accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
2.2 User Eligibility
You represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are acting on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.
2.3 Account Security
You are responsible for implementing and maintaining reasonable security measures to protect your account credentials. We implement industry-standard security for the Service, but we cannot be responsible for compromised credentials due to your negligence or failure to safeguard your password.
3. Acceptable Use
You agree not to use the Service for any unlawful purpose or in violation of any applicable laws. Specifically, you agree not to:
- Access, disrupt, or interfere with the Service or its infrastructure
- Engage in any form of reverse engineering, decompilation, or unauthorized modification
- Transmit viruses, malware, or any code of malicious nature
- Attempt to gain unauthorized access to accounts, systems, or networks
- Use the Service to collect or track personal information without consent
- Engage in any fraudulent or deceptive activities
- Use the Service in a manner that violates intellectual property rights
- Overload, flood, or spam the Service or its users
- Use automated tools, scrapers, or bots without explicit authorization
4. Client Data Ownership and Use
4.1 Your Data
You retain all ownership rights to Client Data. By using the Service, you grant us a limited license to store, process, analyze, and display your Client Data for the purpose of providing the Service. We do not use your Client Data for any other purpose without your explicit consent.
4.2 Data Processing and Security
We implement appropriate technical and organizational measures to protect Client Data from unauthorized access, loss, or misuse. However, you acknowledge that no system is completely secure. We maintain industry-standard encryption, access controls, and security practices, but cannot guarantee absolute security.
4.3 Data Deletion
Upon termination of your account or at your request, we will delete Client Data within 30 days, unless retention is required by law. Backups may be maintained for business continuity purposes and are deleted according to our standard retention schedule.
5. Intellectual Property Rights
The Service, including all content, features, and functionality (excluding Client Data), is owned by Freightline Metric Systems or its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or transmit any part of the Service without our prior written consent.
You are granted a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes in accordance with these Terms.
6. Service Availability and Modifications
6.1 "As-Is" Basis
The Service is provided on an "as-is" basis without warranties of any kind. We do not guarantee that the Service will be error-free, uninterrupted, or meet all of your requirements.
6.2 Maintenance and Updates
We may perform scheduled maintenance, updates, or modifications to the Service. We will use reasonable efforts to provide advance notice of significant maintenance that may impact availability.
6.3 Service Changes
We reserve the right to modify, suspend, or discontinue the Service or any portion thereof at any time. We will make reasonable efforts to notify you of material changes that negatively impact your use.
7. Limitation of Liability
To the maximum extent permitted by applicable law:
- We are not liable for indirect, incidental, special, consequential, or punitive damages arising from use of or inability to use the Service
- Our total liability for any claim arising from these Terms shall not exceed the amounts you paid to us in the 12 months preceding the claim
- We are not liable for any loss of data, revenue, profits, or business opportunity
- These limitations apply regardless of the legal theory (contract, tort, strict liability, etc.)
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE.
9. Indemnification
You agree to indemnify, defend, and hold harmless Freightline Metric Systems from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Service, violation of these Terms, or infringement of third-party rights by Client Data.
10. Confidentiality
Each party agrees to maintain the confidentiality of the other party's Confidential Information and to use such information only for purposes permitted under these Terms. Confidential Information does not include information that is publicly available, rightfully received from a third party, or independently developed.
11. Payment and Billing
11.1 Charges
You agree to pay all charges and fees as specified in your subscription agreement or pricing page. Fees are exclusive of applicable taxes unless otherwise stated.
11.2 Billing
We will bill you according to your subscription terms. Payment methods are securely processed through third-party providers. You are responsible for maintaining accurate billing information.
11.3 Late Payment
If payment is not received when due, we may suspend your access to the Service after providing notice. Continued non-payment may result in account termination.
12. Termination
12.1 Termination for Convenience
You may terminate your subscription at any time by notifying us in writing. Termination will become effective at the end of your current billing period.
12.2 Termination for Cause
We may terminate your account if you materially breach these Terms and fail to cure the breach within 30 days of receiving notice, or if you engage in illegal or harmful conduct.
12.3 Effect of Termination
Upon termination, your access to the Service will cease, and Client Data will be deleted in accordance with our data retention policies.
13. Governing Law
These Terms are governed by the laws of England and Wales, without regard to conflict of law principles. Any legal action or proceeding shall be brought exclusively in the courts located in England and Wales.
14. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated to you before taking effect. Your continued use of the Service constitutes acceptance of updated Terms.
15. Contact Us
If you have questions about these Terms, please contact us:
Freightline Metric Systems
2 Melville Street
FALKIRK - FK1 1HZ
United Kingdom (GB)
+17087788719