1. Parties and acceptance
These Terms of Service ("Terms") are entered into between [[LineProTrack legal entity name]], Việt Nam, business registration number 30 ("LineProTrack", "we", "us") and the organisation that subscribes to the service ("Customer", "you").
You accept these Terms by signing an order form, by clicking to accept them during checkout, or by using the service. If you are accepting on behalf of an organisation, you confirm that you are authorised to bind that organisation. These Terms apply to organisations only; the service is not offered to consumers.
2. The service
LineProTrack is a production scheduling and delay-forecasting application provided as a hosted service, or as an on-premise licence where the order form says so. The service includes the Planner module (scheduling), the Viewer module (read-only monitoring) and the associated APIs and documentation.
Subscriptions are priced per production site. Planner seats are limited by the plan on your order form; Viewer accounts are unlimited. A "site" means one physical production location.
3. Free trial
We may provide a trial for a stated period, currently 30 days. Trials are provided as is, without warranty or support commitment, and we may change or end a trial at any time. At the end of a trial, access stops unless you have subscribed. We do not delete your data immediately: we contact you first, and we delete the trial instance if you do not wish to continue.
4. Accounts and security
You are responsible for the accuracy of account details, for keeping credentials confidential, and for all activity that occurs under your accounts. You must notify us promptly at lineprotrack@gmail.com if you suspect unauthorised access. You are responsible for ensuring that people who leave your organisation no longer have access.
5. Acceptable use
You must not, and must not permit any third party to:
- copy, modify, decompile, reverse engineer, or attempt to derive the source code, algorithms or underlying parameters of the service, except to the extent this restriction is prohibited by applicable law;
- resell, sublicense, or provide the service to third parties as a service bureau, other than granting Viewer access to your own customers and suppliers in connection with your own production;
- use the service to store or transmit unlawful content, malware, or material that infringes third-party rights;
- circumvent or attempt to circumstance usage limits, licence checks, or access controls;
- perform penetration testing, load testing or vulnerability scanning against the hosted service without our prior written consent.
6. Customer data
You retain all right, title and interest in the data you or your users upload or create in the service ("Customer Data"). You grant us a non-exclusive, worldwide licence to host, process, transmit and display Customer Data solely to provide and support the service, and to comply with law.
We do not use Customer Data to train machine learning models, and we do not sell or share it with third parties except the sub-processors listed in our Data Processing Agreement.
Where Customer Data contains personal data, the Data Processing Agreement applies and forms part of these Terms.
You may export Customer Data at any time in spreadsheet format. On termination we make it available for [[export window — to be confirmed, e.g. 30 days]], after which we delete it.
7. Fees, invoicing and tax
- Fees are those stated on the order form or on our pricing page at the time of purchase, and are charged per site per month, billed monthly or annually in advance.
- Invoices are payable within [[payment terms — to be confirmed, e.g. 15 days]] of the invoice date.
- Fees exclude VAT and any other applicable taxes, which you are responsible for. Customers in Vietnam are invoiced in VND with a VAT invoice; other customers are invoiced in USD unless the order form says otherwise.
- Late payments may accrue interest at [[rate — to be confirmed]] and may lead to suspension under clause 9.
- Fees are non-refundable except where required by law or expressly stated in these Terms.
8. Term, renewal and termination
The subscription runs for the term stated on the order form and renews automatically for successive terms of the same length unless either party gives notice of non-renewal at least [[notice period — to be confirmed, e.g. 30 days]] before the end of the current term.
Either party may terminate for material breach if the breach is not cured within 30 days of written notice. On termination you must stop using the service, and we will delete your data in accordance with clause 6.
9. Suspension
We may suspend access where an account is materially overdue, where use threatens the security, integrity or availability of the service, or where required by law. Except in an emergency we will give you notice and a reasonable opportunity to resolve the issue first.
10. Availability and support
We aim to keep the hosted service available at all times but do not commit to a specific uptime percentage unless an SLA is included in your order form (available on the Enterprise plan). Planned maintenance is announced in advance where practicable.
Support response targets by plan are published on our pricing page. Support covers the operation of the service; it does not include production planning consultancy unless separately agreed.
11. Intellectual property
We retain all right, title and interest in the service, including the scheduling and forecasting engine, its parameters, the software, documentation and any improvements. Nothing in these Terms transfers ownership of our intellectual property to you.
If you send us feedback or suggestions, we may use them without restriction and without obligation to you.
12. Confidentiality
Each party may receive confidential information from the other. The receiving party will use it only to perform under these Terms, protect it with at least the same care it uses for its own confidential information, and not disclose it except to personnel and advisers who need it and are bound by confidentiality obligations. This clause does not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or required to be disclosed by law.
13. Warranties and disclaimers
We warrant that we will provide the service with reasonable skill and care, and that the service will perform materially as described in our documentation.
The service produces forecasts and recommendations, not guarantees. Production outcomes depend on factors outside the software — material supply, machine breakdowns, labour availability, quality issues and human decisions. You remain responsible for production decisions, for the delivery commitments you make to your own customers, and for verifying results before acting on them.
Except as expressly stated, the service is provided without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by law.
14. Limitation of liability
Neither party excludes liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be excluded.
Subject to that, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, production, goodwill or anticipated savings, however arising.
Each party's total aggregate liability arising out of or in connection with these Terms is limited to the fees paid or payable by you in the twelve months preceding the event giving rise to the claim.
15. Indemnity
We will defend you against third-party claims that the service infringes their intellectual property rights, and pay damages finally awarded, provided you notify us promptly and let us control the defence. You will defend us on the same basis against claims arising from Customer Data or from use of the service in breach of clause 5.
16. Changes
We may update the service and these Terms. For material changes to the Terms we will give at least [[notice period — to be confirmed, e.g. 30 days]] notice by email or in the application. If a material change is unacceptable to you, you may terminate before it takes effect and receive a pro-rata refund of prepaid fees for the unused period.
17. Governing law and disputes
These Terms are governed by the laws of [[governing law — to be confirmed]], and the courts of [[jurisdiction — to be confirmed]] have exclusive jurisdiction, without prejudice to either party's right to seek injunctive relief where necessary. The parties will attempt to resolve any dispute in good faith before starting proceedings.
18. General
- Assignment. Neither party may assign these Terms without the other's consent, except to a successor of substantially all of its business.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
- Entire agreement. These Terms, the order form and the documents referenced in them form the entire agreement and supersede prior discussions. Where they conflict, the order form prevails, then the Data Processing Agreement, then these Terms.
- Severability. If any provision is unenforceable, the remainder stays in effect.
- Notices. Notices to us go to lineprotrack@gmail.com; notices to you go to the billing contact on your account.
Questions about this document? Write to lineprotrack@gmail.com.