Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") form a legally binding agreement between Mouldlytics Ltd, a company registered in England and Wales (Company No. [COMPANY NUMBER]), whose registered office is at [REGISTERED ADDRESS] ("Mouldlytics", "we", "us", "our") and you, the organisation or individual accessing or using the Mouldlytics platform and associated services ("Service").

By registering for an account, accessing, or using the Service, you confirm that:

• You have read, understood, and agree to be bound by these Terms;
• If you are accepting on behalf of an organisation, you have authority to bind that organisation to these Terms and "you" refers to that organisation;
• You are at least 18 years of age.

If you do not agree to these Terms, you must not use the Service.

2. The Service

Mouldlytics provides a cloud-based software platform designed for injection moulding engineering teams. The Service includes tools for Design of Experiments (DOE), tool and maintenance management, machine and material databases, project tracking, process documentation, and related features as described on our website and within the platform.

We reserve the right to:

• Modify, update, or discontinue features of the Service at any time, with reasonable advance notice where changes materially affect your use;
• Perform scheduled maintenance, which we will endeavour to carry out during off-peak hours with advance notice where possible;
• Issue updates, patches, or new versions of the platform.

Access to certain features may require a paid subscription. Where this is the case, additional pricing and subscription terms will be communicated to you.

3. Account Registration and Security

3.1 Registration

To access the Mouldlytics platform you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials;
• All activities that occur under your account, whether or not authorised by you;
• Notifying us immediately at contact@mouldlytics.com if you suspect unauthorised access to your account.

We will not be liable for any loss or damage arising from your failure to comply with this security obligation.

3.3 Account Types and User Roles

The platform supports multiple user roles (including super admin, admin, manager, and user). The organisation administrator is responsible for managing user access, permissions, and ensuring users comply with these Terms.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service in any way that violates applicable law or regulation (including UK GDPR, EU GDPR, export control laws, or any other applicable legislation);
• Transmit any data that is unlawful, harmful, defamatory, obscene, or otherwise objectionable;
• Attempt to gain unauthorised access to any part of the Service, its related systems, or networks;
• Introduce any malicious code, malware, viruses, Trojan horses, or other harmful software;
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the platform, except as permitted by applicable law;
• Use automated systems (bots, scrapers, crawlers) to access or extract data from the platform without our prior written consent;
• Resell, sublicense, or otherwise make the Service available to third parties without our prior written consent;
• Upload or store data that infringes the intellectual property rights or privacy rights of any third party.

We reserve the right to suspend or terminate access to the Service for any user or organisation that breaches these acceptable use obligations.

5. Data, Privacy, and Data Processing

5.1 Your Data

Any data, content, or information that you upload, input, or generate through the Service ("Your Data") remains your property. You grant us a limited, non-exclusive licence to process Your Data solely to the extent necessary to provide and improve the Service.

5.2 Data Controller and Processor

With respect to personal data contained within Your Data, your organisation acts as the data controller and Mouldlytics acts as the data processor. We will process such personal data only on your documented instructions and in accordance with our Privacy Policy and applicable data protection law.

A Data Processing Agreement (DPA) is available on request and forms part of these Terms where you are a controller subject to UK GDPR or EU GDPR. Please contact us at contact@mouldlytics.com to obtain the DPA.

5.3 Personal Data of Account Holders

We process personal data relating to your account holders as described in our Privacy Policy. By using the Service, you confirm that you have an appropriate legal basis to provide us with any personal data relating to your team members.

5.4 Data Security and Backups

We implement appropriate technical and organisational security measures for the Service. However, you are responsible for maintaining independent backups of Your Data. We shall not be liable for any loss of Your Data arising from circumstances outside our reasonable control.

6. Intellectual Property Rights

6.1 Our IP

The Service, including its software, algorithms, designs, user interface, trademarks, and all related documentation, is owned by Mouldlytics Ltd or its licensors and is protected by intellectual property laws. Nothing in these Terms transfers any ownership of our intellectual property to you.

6.2 Licence to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the term of your subscription or agreement with us.

6.3 Feedback

If you provide us with suggestions, feedback, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free licence to use that Feedback for any purpose without any obligation to you.

7. Subscriptions and Payment

Where the Service requires a paid subscription, the following terms apply:

• Fees: All fees are as agreed in your order or subscription agreement, exclusive of VAT or other applicable taxes unless stated otherwise;
• Payment: Fees are payable in advance in accordance with the billing cycle set out in your subscription agreement;
• Late payment: We reserve the right to suspend access to the Service if fees remain unpaid for more than [30] days after the due date, and to charge statutory interest on overdue amounts under the Late Payment of Commercial Debts (Interest) Act 1998;
• Refunds: Fees paid are non-refundable except where expressly stated or required by applicable law;
• Price changes: We will give at least 30 days' written notice of any price changes. Continued use after the new pricing takes effect constitutes acceptance.

8. Availability and Service Levels

We will use commercially reasonable efforts to maintain Service availability. However, we do not warrant that:

• The Service will be uninterrupted, error-free, or completely secure;
• Any defects will be corrected within a specific timeframe;
• The Service or any output from it is suitable for any particular purpose or meets your specific requirements.

The Service is provided "as is" and "as available". To the fullest extent permitted by law, we exclude all implied warranties, conditions, and representations relating to the Service.

Nothing in these Terms excludes or limits our liability for fraud, death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited by English law.

9. Limitation of Liability

Subject to Clause 8 (non-excludable liabilities):

• We will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, business interruption, or costs of procurement of substitute services, even if we have been advised of the possibility of such damages;
• Our total aggregate liability to you under or in connection with these Terms — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the greater of: (a) the total fees paid by you to us in the 12 months preceding the event giving rise to the claim; or (b) £500.

These limitations reflect the allocation of risk between the parties and are a fundamental element of the basis of the bargain between us.

10. Indemnification

You agree to indemnify, defend, and hold harmless Mouldlytics Ltd, its officers, directors, employees, and contractors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms;
• Your use of the Service in a manner not authorised by these Terms;
• Any data, content, or information you upload to or generate through the Service, including any claim that such data infringes the rights of a third party.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us at contact@mouldlytics.com. Termination does not entitle you to a refund of any prepaid fees unless required by applicable law.

11.2 Termination by Us

We may suspend or terminate your access to the Service immediately, with or without notice, if:

• You materially breach these Terms and (where the breach is remediable) fail to remedy the breach within 14 days of written notice;
• You fail to pay fees when due;
• We are required to do so by law, court order, or regulatory authority; or
• We decide to discontinue the Service (with reasonable notice).

11.3 Effect of Termination

Upon termination, your right to access and use the Service ceases immediately. We will retain Your Data for a period of 30 days after termination, during which you may request an export. After this period, we may permanently delete Your Data. Sections of these Terms that by their nature should survive termination (including Clauses 6, 9, 10, 12, and 13) shall survive.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that 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.

If you are a consumer resident in another jurisdiction, mandatory statutory rights in your country of residence may still apply and are not affected by this clause.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable subscription or order agreement, constitute the entire agreement between you and Mouldlytics regarding the Service and supersede all prior agreements, representations, and understandings.

13.2 Variation

We may update these Terms from time to time. Where changes are material, we will provide at least 30 days' written notice (by email or prominent notice in the platform) before the new Terms take effect. Continued use of the Service after the effective date of changes constitutes acceptance. If you do not accept the new Terms, you must stop using the Service before they take effect.

13.3 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

13.4 Waiver

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.

13.5 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, or sale of our business.

13.6 Third-Party Rights

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

13.7 Force Majeure

Neither party shall be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including acts of God, war, pandemic, government action, internet or infrastructure outages, or natural disasters.

14. Contact Us

If you have any questions about these Terms or the Service, please contact us:

• Email: contact@mouldlytics.com
• Post: Mouldlytics Ltd, [REGISTERED ADDRESS]