Terms Of Service

FactoryPulse Digital Ltd.

Last Updated: April 21, 2025

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

Welcome to FactoryPulse! We provide intuitive software tools designed for lean manufacturing, built by people with real-world industry experience. These Terms of Service ("Terms") govern your access to and use of the software services, websites (including factorypulse.app), and any related services (collectively, the "Services") provided by FactoryPulse Digital Ltd. ("FactoryPulse," "we," "us," or "our"), a company registered in England and Wales. Our registered address is 8 Calibre House, 45 Perrymount Road, Haywards Heath, RH16 3XG. By accessing or using our Services, you ("Customer," "User," "you") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. Our Values in Practice: These Terms are written to reflect our core values: industry expertise, innovation, user empowerment, privacy first, beautiful UI, and total transparency. We aim for clarity and fairness.

1. Definitions

(Selected definitions – a legal professional may add/refine these) "Services": Refers to the FactoryPulse SaaS offerings (including the visual management tier board system and structured problem-solving tool), website, and related support or consultancy services provided by us. "Subscription Plan": Refers to the specific package of Services (e.g., Pilot, Scale, Enterprise) selected by the Customer, detailing features, user limits, and fees. "Content": Refers to any data, information, materials, text, graphics, or other content uploaded, submitted, or entered into the Services by you or your authorized users. "User": Any individual authorized by the Customer to use the Services under their account.

2. Description of Services

FactoryPulse provides SaaS solutions for lean manufacturing. Specific features depend on the chosen Subscription Plan. We may offer custom application development and digital manufacturing consultancy under separate agreements. We are constantly innovating. We reserve the right to modify or discontinue parts of the Services. We will strive to provide reasonable notice of material changes that negatively impact your use of the core Services.

3. Account Registration and Use

Users must register for an account to access the Services. You agree to provide accurate, current, and complete information and maintain its accuracy. Security: You are responsible for safeguarding your account password and implementing security measures. Two-Factor Authentication (2FA) is mandatory for all user accounts. You must notify us immediately of any unauthorized account use. User Responsibility: You are responsible for all activities conducted through your account and for ensuring your Users comply with these Terms.

4. Fees, Payment, and Subscription Terms

Transparency: We believe in total transparency with no hidden fees. Pricing is based on the selected Subscription Plan, as detailed on our pricing page or in a separate Enterprise agreement. Billing: Subscription fees are billed in advance on a recurring monthly basis, unless an alternative term (e.g., annual) is explicitly agreed upon. Payments are processed via our third-party payment processor, Stripe. By providing payment information, you authorize us (via Stripe) to charge the applicable fees. Term: Subscriptions operate on a rolling monthly basis and will automatically renew each month unless cancelled by you prior to the renewal date. There is no minimum contract tie-in for standard monthly plans. Enterprise or custom agreements may specify different terms. Free Trials: The Pilot plan includes a 30-day free trial. Payment details are required after the trial to continue service. Refunds: We offer a 14-day refund period from the date of your initial subscription payment. To request a refund within this period, please contact info@factorypulse.app . No refunds are provided after this 14-day period or for subsequent renewals, except as required by law. Fee Changes: We reserve the right to change our fees. We will provide you with at least 30 days' notice of any fee changes for your existing plan. Taxes: All fees are exclusive of VAT and other applicable taxes, which will be added to your invoice as required by law.

5. User Data and Privacy

Privacy First: Your data belongs to you. Period. Our handling of personal data is detailed in our Privacy Policy factorypulse.app/privacy . We do not sell your Content or personal data. Your Content: You retain all ownership rights to your Content. You grant FactoryPulse a limited, non-exclusive, worldwide, royalty-free license solely to the extent necessary to provide, operate, maintain, secure, and improve the Services for you. Data Processing: If you are a business customer processing personal data of individuals within the scope of the UK GDPR, you may need to enter into a Data Processing Addendum (DPA) with us. Please contact us if this applies. Security: We implement appropriate technical and organizational measures designed to protect your Content, including mandatory 2FA. However, no system is impenetrable.

6. Intellectual Property Rights

Our IP: FactoryPulse and its licensors own all right, title, and interest in and to the Services, including all related software, technology, documentation, and trademarks. These Terms do not grant you any rights to our intellectual property except for the limited right to use the Services as permitted herein. Your Content: You retain all rights to your Content. Feedback: Any feedback or suggestions you provide regarding the Services are voluntary. We are free to use such feedback without any obligation or compensation to you.

7. Acceptable Use

You agree not to use the Services: For any illegal or unauthorized purpose. To infringe upon the intellectual property rights of others. To transmit viruses, malware, or other harmful code. To attempt to gain unauthorized access to our systems or other users' accounts. In any way that could damage, disable, overburden, or impair the Services. User Empowerment: Our tools are designed to empower your team. Use them professionally and responsibly.

8. Confidentiality

Each party agrees to treat the other's non-public information obtained through the Services ("Confidential Information") with the same degree of care it uses for its own confidential information, and not to disclose it to third parties except as necessary to provide/receive the Services or as required by law.

9. Warranties and Disclaimers

Our Aim: We strive to build exceptional, reliable software. Disclaimer: EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." FACTORYPULSE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. (Legal review essential for this clause).

10. Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us . Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

11. Indemnification

You agree to defend, indemnify, and hold harmless FactoryPulse Digital Ltd., its directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to your use of the Services, your Content, or your violation of these Terms.

12. Term and Termination

Term: These Terms begin when you first use the Services and continue as long as your subscription is active. Termination by You: You can terminate your monthly subscription at any time by cancelling through your account settings or contacting us at info@factorypulse.app . Termination will be effective at the end of the current paid monthly billing cycle. No refunds are provided for partial months. Termination by Us: We may suspend or terminate your access if you breach these Terms, fail to pay fees when due, or if required by law. We will provide reasonable notice where practicable. Effect of Termination: Upon termination, your right to access the Services ceases. We may delete your account and Content in accordance with our data retention policies (detailed in the Privacy Policy). Sections concerning Fees (outstanding), Confidentiality, IP, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Miscellaneous will survive termination.

13. Modifications to Terms

We may modify these Terms from time to time. If we make material changes, we will notify you (e.g., via email to the address associated with your account or through an in-app notification) at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

14. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Services.

15. Miscellaneous

Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and FactoryPulse regarding the Services. Third-Party Services: The Services may rely on third-party services (like Stripe for payments). Your use of such services may be subject to their terms. Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction. Notices: Notices to FactoryPulse should be sent to the contact information below. Notices to you may be sent to the email address associated with your account or through the Services. Waiver: Our failure to enforce any right or provision is not a waiver of that right or provision. Severability: If any provision is found unenforceable, the remaining provisions will remain in full effect. Force Majeure: Neither party shall be liable for failure to perform due to unforeseen circumstances or causes beyond their reasonable control.

16. Contact Information

For questions about these Terms, please contact: FactoryPulse Digital Ltd. Attn: Thomas d'Arcy 8 Calibre House, 45 Perrymount Road, Haywards Heath, RH16 3XG, United Kingdom Email: info@factorypulse.app Phone: +44 7981 118326 Website: https://factorypulse.app