Terms of Service

1. Agreement to Terms

By accessing or using FactoryThread's services, website, or platform (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services. These Terms constitute a legally binding agreement between you and FactoryThread.

2. Description of Services

FactoryThread provides a visual data integration platform designed for manufacturing environments. Our Services enable users to connect, transform, and manage data flows between various manufacturing systems including MES, ERP, databases, and other enterprise applications. The specific features and functionality available to you depend on your subscription plan.

3. Account Registration

To access certain features of our Services, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organization.

4. Subscription and Payment

Subscription Plans

Access to our Services requires a paid subscription. The features, limitations, and pricing of each plan are described on our pricing page. We reserve the right to modify our pricing and plans with reasonable notice.

Free Trial

We may offer a free trial period for new users. During the trial, you will have access to specified features. At the end of the trial, you must subscribe to a paid plan to continue using the Services.

Payment Terms

Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen plan. All payments are non-refundable except as expressly stated in these Terms or required by law. You are responsible for all applicable taxes.

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will retain access to the Services until the end of the paid period.

5. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Transmit malware, viruses, or other malicious code
• Use the Services to store or transmit illegal content
• Reverse engineer, decompile, or disassemble any part of the Services
• Resell or redistribute the Services without authorization
• Use automated systems to access the Services in a manner that exceeds reasonable use

6. Your Data

Data Ownership

You retain all rights to the data you input, upload, or process through our Services ("Your Data"). We do not claim ownership of Your Data.

License to Your Data

You grant us a limited license to access, process, and store Your Data solely for the purpose of providing and improving our Services. This license terminates when you delete Your Data or close your account.

Data Security

We implement industry-standard security measures to protect Your Data. However, you are responsible for maintaining the security of your account credentials and for any data you choose to transmit through our Services.

Data Backup

While we maintain regular backups, you are responsible for maintaining your own backups of Your Data. We are not liable for any loss or corruption of Your Data.

7. Intellectual Property

The Services, including all software, content, designs, logos, and documentation, are owned by FactoryThread and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms. You may not copy, modify, distribute, or create derivative works based on the Services without our express written permission.

8. Third-Party Services

Our Services may integrate with or contain links to third-party services. We are not responsible for the content, policies, or practices of third-party services. Your use of third-party services is at your own risk and subject to those services' terms and conditions.

9. Service Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. We may temporarily suspend access for maintenance, updates, or security reasons. We will provide reasonable notice of planned maintenance when possible.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED 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.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FACTORYTHREAD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless FactoryThread and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of another party.

13. Termination

We may suspend or terminate your access to the Services at any time for any reason, including if we reasonably believe you have violated these Terms. Upon termination:

• Your right to use the Services will immediately cease
• You remain responsible for any outstanding fees
• We may delete Your Data after a reasonable retention period
• Provisions that by their nature should survive will remain in effect

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Delaware.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

16. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and FactoryThread regarding the Services.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our prior written consent.

17. Contact Us

If you have questions about these Terms, please contact us at: