Catertrackr

    For Catering Equipment Firms

    Terms of Service

    Last updated: January 2025

    1. Acceptance of Terms

    By accessing and using CaterTrackr ("the Service", "Platform", or "Software"), you accept and agree to be bound by the terms and provisions of this agreement ("Terms", "Terms of Service", or "Agreement"). If you do not agree to abide by these terms, please do not use this Service.

    These Terms constitute a legally binding agreement between you and CaterTrackr Ltd ("Company", "we", "us", or "our") governing your access to and use of the Service. By clicking "I Accept," signing up for an account, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

    If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" or "your" shall refer to such entity.

    2. Description of Service

    CaterTrackr is a cloud-based service management platform designed for catering equipment maintenance and engineering firms. The Service provides comprehensive tools for managing field service operations, including but not limited to:

    • Customer Management: Maintain customer records, contact information, site locations, and service preferences
    • Equipment Tracking: Track catering equipment assets, including manufacturer details, model information, serial numbers, installation dates, and complete service history
    • Job Management: Create, assign, schedule, and track service jobs from creation through completion
    • Engineer Dispatch: Assign jobs to field engineers, track their availability, and manage workload distribution
    • Time Tracking: Record engineer working hours, travel time, and labour costs for accurate billing
    • Parts Management: Document parts used during service calls, track inventory, and manage parts costs
    • Photo Documentation: Capture and store photos of equipment, issues, and completed work
    • Digital Signatures: Collect customer signatures electronically upon job completion
    • Job Monitoring: Track job progress with automated status notifications and priority management
    • Customer Portal: Provide your customers with access to view their equipment, service history, and job status
    • Reporting and Analytics: Generate reports on job performance, engineer productivity, and business metrics
    • Billing Integration: Track billable work, generate cost summaries, and manage invoicing

    We reserve the right to modify, enhance, or discontinue any features of the Service at any time, with reasonable notice for material changes that affect your use of the platform.

    3. User Accounts and Registration

    To use the Service, you must create an account and provide accurate, complete, and current information. By registering for an account, you agree to:

    • Provide truthful and accurate information during registration and maintain its accuracy
    • Maintain the confidentiality of your account credentials and not share them with unauthorized parties
    • Accept responsibility for all activities that occur under your account
    • Notify us immediately at security@catertrackr.com of any unauthorized use of your account or any other security breach
    • Not create accounts on behalf of others without their permission
    • Not create multiple accounts to circumvent account restrictions or limitations

    3.1 Account Types and Roles

    The Service supports multiple user roles with different access levels:

    • Company Administrator: Full access to all company data and settings, user management, billing, and configuration
    • Engineer: Access to assigned jobs, ability to update job status, record time, add parts and photos, and collect signatures
    • Customer: Limited access to view their own equipment, service history, and job status through the customer portal

    3.2 Account Security

    You are responsible for maintaining the security of your account. We implement industry-standard security measures, but you must take reasonable precautions to protect your login credentials. We recommend:

    • Using strong, unique passwords
    • Not sharing your login credentials with others
    • Logging out when using shared or public devices
    • Promptly removing access for employees who leave your organization

    4. Subscription and Billing

    4.1 Pricing

    The Service is offered on a subscription basis. Current pricing is £35 per month per active Administrator or Engineer user account. Customer user accounts are provided at no additional cost and do not count toward your subscription.

    4.2 Free Trial

    New accounts receive a 30-day free trial period. During the trial, you have full access to all features of the Service. A valid payment method is required at signup, but you will not be charged until the trial period ends. You may cancel at any time during the trial without charge.

    4.3 Billing Cycle

    Subscriptions are billed monthly in advance on the same date each month (or the nearest available date). Your billing date is determined by when your trial ends or when you first subscribe.

    4.4 Payment Methods

    We accept payment via major credit and debit cards through our secure payment processor, Stripe. By providing your payment information, you authorize us to charge your payment method for all fees incurred.

    4.5 Price Changes

    We may change our subscription fees upon 30 days' notice. Price changes will take effect at the start of your next billing cycle following the notice period. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

    4.6 Refunds

    Subscription fees are generally non-refundable except as required by law or as explicitly stated in these Terms. However, we may provide refunds or credits at our sole discretion. If you are dissatisfied with the Service within the first 14 days of a paid subscription, you may request a refund by contacting support@catertrackr.com.

    4.7 Failed Payments

    If a payment fails, we will attempt to collect the payment using your payment method on file. We may retry failed payments and will notify you of any payment issues. Continued failure to pay may result in suspension or termination of your account.

    4.8 Taxes

    All fees are exclusive of applicable taxes (including VAT). You are responsible for paying any taxes associated with your use of the Service. We will add applicable taxes to your invoice where required by law.

    5. Data Ownership and Intellectual Property

    5.1 Your Data

    You retain all ownership rights to the data you upload, input, or create within the Service ("Your Data"). This includes customer information, equipment records, job details, photos, documents, and any other content you provide.

    By using the Service, you grant us a limited license to use Your Data solely for the purpose of providing, maintaining, and improving the Service. This license includes the right to process, store, and transmit Your Data as necessary to operate the platform.

    5.2 Our Intellectual Property

    The Service, including its software, design, features, functionality, documentation, and all related intellectual property, is and shall remain the exclusive property of CaterTrackr Ltd and its licensors. This includes:

    • The CaterTrackr name, logo, and branding
    • The platform's source code, algorithms, and architecture
    • User interface designs and visual elements
    • Documentation, training materials, and help content
    • Any improvements or modifications we make to the Service

    Nothing in these Terms grants you any rights to our intellectual property except the limited right to use the Service as permitted herein.

    5.3 Feedback

    If you provide suggestions, ideas, or feedback about the Service ("Feedback"), you grant us an unrestricted, perpetual, royalty-free license to use such Feedback for any purpose, including to improve the Service or develop new features.

    6. Data Protection and Privacy

    We process your data in accordance with our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

    We commit to:

    • Processing your data only for the purposes of providing the Service
    • Implementing appropriate technical and organizational security measures
    • Not selling or sharing your data with third parties for marketing purposes
    • Complying with applicable data protection laws, including the UK GDPR and Data Protection Act 2018
    • Assisting you in meeting your obligations under data protection laws

    6.1 Data Processing Agreement

    To the extent that we process personal data on your behalf, you appoint us as a data processor. Upon request, we will enter into a formal Data Processing Agreement to document our respective responsibilities under applicable data protection laws.

    7. Acceptable Use Policy

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

    • Use the Service for any purpose that violates applicable local, national, or international law
    • Upload, transmit, or store any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable
    • Attempt to gain unauthorized access to the Service, other user accounts, or computer systems connected to the Service
    • Introduce viruses, trojans, worms, malware, or other malicious code
    • Interfere with or disrupt the integrity or performance of the Service
    • Attempt to reverse engineer, decompile, or disassemble any portion of the Service
    • Use automated systems (bots, scrapers, etc.) to access the Service without our express permission
    • Share your account credentials with unauthorized parties
    • Resell, sublicense, or provide access to the Service to third parties without our consent
    • Use the Service to store or process data in violation of applicable export control or sanctions laws
    • Circumvent any usage limits, technical restrictions, or access controls

    We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

    8. Third-Party Integrations

    The Service may integrate with or provide access to third-party services and applications ("Third-Party Services"), including but not limited to:

    • Payment processing (Stripe)
    • Cloud storage services
    • Email delivery services
    • Mapping and geocoding services

    Your use of any Third-Party Services is subject to the terms and policies of those third parties. We are not responsible for the availability, accuracy, or content of Third-Party Services. We do not endorse and are not liable for any Third-Party Services or their providers.

    9. Service Availability and Support

    9.1 Availability

    We strive to provide reliable service with high availability. However, we do not guarantee that the Service will be available at all times without interruption. The Service may be temporarily unavailable due to:

    • Scheduled maintenance (we will provide advance notice when possible)
    • Emergency maintenance or security updates
    • Factors beyond our control, including internet disruptions, power outages, or third-party service failures

    9.2 Support

    We provide customer support via email at support@catertrackr.com. We aim to respond to support enquiries within one business day. Support is available during UK business hours (Monday to Friday, 9:00 AM to 5:00 PM GMT/BST, excluding public holidays).

    10. Warranties and Disclaimers

    10.1 Our Warranties

    We warrant that:

    • The Service will perform substantially as described in our documentation
    • We will provide the Service with reasonable skill and care
    • We have the right to provide the Service to you

    10.2 Disclaimer

    EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

    • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
    • Warranties arising from course of dealing or usage of trade
    • Any warranty that the Service will meet your specific requirements
    • Any warranty that the Service will be uninterrupted, timely, secure, or error-free

    11. Limitation of Liability

    11.1 Exclusion of Certain Damages

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CATERTRACKR LTD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

    • Loss of profits, revenue, or business
    • Loss of data or corruption of data
    • Loss of goodwill or reputation
    • Cost of procurement of substitute services
    • Business interruption

    This applies regardless of the legal theory on which such liability is based and whether or not we have been advised of the possibility of such damages.

    11.2 Cap on Liability

    OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED POUNDS STERLING (£100).

    11.3 Exceptions

    Nothing in these Terms shall exclude or limit liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.

    12. Indemnification

    You agree to indemnify, defend, and hold harmless CaterTrackr Ltd and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

    • Your use of the Service
    • Your breach of these Terms
    • Your violation of applicable law
    • Your Data or content you provide through the Service
    • Any claim that Your Data infringes the rights of a third party

    13. Term and Termination

    13.1 Term

    These Terms commence when you first access or use the Service and continue until terminated in accordance with this section.

    13.2 Termination by You

    You may terminate your account at any time by cancelling your subscription through the billing management page or by contacting support@catertrackr.com. Cancellation will take effect at the end of your current billing period.

    13.3 Termination by Us

    We may suspend or terminate your access to the Service:

    • Immediately, if you breach these Terms (particularly the Acceptable Use Policy)
    • Immediately, if required by law or legal process
    • Upon 30 days' notice, for any reason or no reason
    • Immediately, if your account becomes past due and remains unpaid after notice

    13.4 Effect of Termination

    Upon termination:

    • Your right to access and use the Service will cease immediately
    • You may request export of Your Data within 30 days of termination
    • After 30 days, Your Data may be deleted from our systems
    • Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnification, and limitation of liability

    14. Changes to Terms

    We reserve the right to modify these Terms at any time. We will notify you of material changes by:

    • Posting the updated Terms on our website with a new "Last updated" date
    • Sending an email notification to the address associated with your account
    • Displaying a notice within the Service

    Changes will become effective 30 days after posting unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your subscription before the changes take effect.

    15. General Provisions

    15.1 Governing Law

    These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

    15.2 Entire Agreement

    These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and CaterTrackr Ltd regarding your use of the Service and supersede all prior agreements and understandings.

    15.3 Severability

    If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

    15.4 Waiver

    Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.

    15.5 Assignment

    You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction upon notice to you.

    15.6 Force Majeure

    Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, epidemics, governmental actions, internet or telecommunications failures, or power outages.

    15.7 Notices

    Notices to you may be sent to the email address associated with your account. Notices to us should be sent to legal@catertrackr.com. Notice is deemed given when sent by email.

    15.8 No Third-Party Beneficiaries

    These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

    16. Contact Information

    For questions about these Terms of Service, please contact us:

    CaterTrackr Ltd
    Email: legal@catertrackr.com
    General Support: support@catertrackr.com
    United Kingdom