Rugged Data Platform: End User Licence Agreement

 

TERMS AND CONDITIONS

This is your End User Licence Agreement for Rugged Data. Please read this carefully before using the Rugged Data Platform and you may want to retain a copy for your records.  When you accept these terms, you confirm that you are duly authorised on behalf of the Client to place an order for Rugged Data subject to the terms and conditions set out below. You warrant that the information submitted in signing up is correct and accurate to the best of your knowledge.

These Terms and Conditions (“Terms”) govern your access to and use of the services provided by Rugged Data (the “Services”), and any information, text, graphics, or other data, uploaded, downloaded or using the Services (collectively referred to as “Task Data”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

DEFINITIONS

“Agreement” means this End User Licence Agreement which may be amended from time to time in accordance with its terms

“Rugged Data”“Platform” means the Mobile Data platform managed by Rugged Data provided by the App, Website and other properties

“Rugged Data Technology” means all the proprietary technology used in delivering the Service (including the software, hardware, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to the Client by Rugged Data in providing the Service;

“Client”“you”, “yours” means the corporate entity or organisation ordering the service (s)

“Defect” means an error in the operation of the Service that causes the Service to fail substantially

“Intellectual Property Rights” means unpatented inventions, patent application, patents, design rights, copyrights (including rights in computer software), trademarks, service marks, trade names, domain name wight, design rights, know-how and other trade secret rights and all other intellectual property right, derivatives thereof and other forms of protection anywhere in the world.

“Service(s)”  means the Rugged Data Mobile Work Platform Service development and maintained by Nuffield Technologies, to which the Client is granted access under the Agreement, including the Rugged Data Technology.

“Task Data” means data, information, images, pdfs, employee data submitted by or on behalf of the Client to Rugged Data Platform or generated by the Rugged Data Platform.

"Users(s)" means the Client's employees who are authorised to use the Service and have been supplied user identifications and passwords by the Client (or by Nuffield Technologies at the Client’s request)

and

“Website” means Ruggeddata.co.uk

RUGGED DATA PLATFORM

The Rugged Data Mobile Platform provides the customer with a customised app for data collection that can be deployed to compatible Android devices.  The service works through an Android app, downloaded by the customer from the Google Play store, to each compatible Android device. Task data submitted to the app by the customer is received as a PDF to their registered email distribution lists specified within the application.

The Rugged Data Platform interfaces (the “API Services”) are a set of programming interfaces which allow you to programmatically connect to the Rugged Data Platform. Applications (“Applications”) are code, programs or other interfaces which connect to the API Services.

SYSTEM REQUIREMENTS

In order to use the Rugged Data Platform the customer will need:

- A compatible Android device, at a minimum Jelly Bean 4.2.

- An internet connection.

- Optional for Mobile Data: A SIM card and airtime account with a supported Mobile network provider.

BASIC TERMS

You may use the Services only if you form a binding contract with Rugged Data and you may use the Services only in compliance with these Terms and all applicable local, national and international laws, rules and regulations.

The Services that Rugged Data provides are always evolving, and the form and nature of the Services may, from time to time, require updating, modification or change with or without prior notice to you. Rugged Data are contractually bound to investigate (and where possible) resolve any bug issues and ensure the latest version of our Services are available through the relevant channels. Our Services will request permission to update on your device when a new version of the Rugged Data application is available. Your acceptance of such updates is required  on each device.

PRIVACY

Any information that you provide to Rugged Data as part of your account is subject to our Privacy Policy which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, or task data, including the transfer of this information or task data to the United Kingdom and/or other countries for storage, processing and use by Rugged Data. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Rugged Data account, which you may not be able to opt-out from receiving.

ACCOUNT REGISTRATION

Upon signing up for the service, and at subsequent times as requested by Rugged Data, you agree to provide to Rugged Data with true, accurate and current “Registration Data” including complete personal name and/or business name, administrator name, billing address, email, phone number, credit/debit card and other data which may be necessary to administer your account effectively. You represent and warrant that the information you provide is accurate, current and complete, and agree to promptly update the information if it changes.

If you provide Registration Data which Rugged Data suspects to be false, inaccurate or fraudulent, Rugged Data reserves the right to suspend or terminate the Service and refuse any future business with you.

The Account login may be used by only one person, and that person must be the authorized person who registered the Account (the “Owner”). Each user login may be used only by one person. Multiple people may not share a user login. Separate user logins may be created for as many people as you wish (the “Users”).

SECURITY

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.  Rugged Data cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Although every effort is made to ensure that data transmissions of Task Data are secure, Rugged Data makes no guarantees of security.

AVAILABILITY AND MODIFICATIONS TO THE SERVICE

Rugged Data will take all reasonable steps to make the Rugged Data Platform available at all times. However, you acknowledge that availability is in part subject to internet, WiFi and mobile networks so quality and availability may be affected by factors outside Rugged Data’s reasonable control.

Rugged Data will set forth a standard maintenance window schedule to maintain and update all hosting services. The standard maintenance windows will be published on Rugged Data’s website. In case of emergency maintenance requirements, Rugged Data will make efforts to announce such maintenance windows at least 24 hours in advance of emergency maintenance, but in no event less than 12 hours prior to scheduled maintenance.

If you experience a Service outage and are unable to access the Services, other than through lack of connectivity to the internet, you must immediately contact Rugged Data’s help desk and notify Rugged Data of the service outage, providing any/all necessary information that may assist Rugged Data’s technical support in determining the cause of the outage. Rugged Data will determine whether the outage or failure was within Rugged Data’s reasonable control. If Rugged Data determines that a service outage was attributable and within the control of Rugged Data, then Rugged Data will credit you 1-day of Service fees for every 12 hours of down-time you experienced, up to a maximum of half of that month’s Service fees.

Rugged Data, in our sole discretion, reserves the right to add, remove or modify features or functions, or to provide fixes, updates and upgrades to Rugged Data and the Service. You acknowledge that Rugged Data is under no obligation to make available to you new features or versions of the Service.

Rugged Data may be integrated with third party applications, websites and services (“Third Party Services”) to make Task Data available to you. These third party services may be governed by their own terms and conditions and privacy policies. You understand that Rugged Data does not endorse or is liable for the behaviour, features, content or transactions with any Third Party Services.

TECHNICAL SUPPORT

Technical support (standard service) is only provided to Account holders and only available via email.

LICENCE

Rugged Data hereby grants to the Client a non-exclusive, limited, personal, revocable, non-transferable, right to use the Service, solely for the Client’s own internal business purposes, subject to the Client’s compliance with the terms and conditions of this Agreement.

All rights not expressly granted to the Client are reserved by Rugged Data.

YOUR RIGHTS

You retain your rights to any Task Data you submit, post or display on or through the Services. We acquire no right, title or interest from You or Your licensors under this Agreement in or to Your Data, including any intellectual property rights therein.

We may modify or adapt your Task Data in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Data as are necessary to conform and adapt that Task Data to any requirements or limitations of any networks, devices, services or media.

For the purposes of troubleshooting and debugging, certain administrators employed by Rugged Data may inspect Task Data as it in transit through our systems. This inspection does not confer any rights to reproduce or disseminate information as a result of this process.

CLIENT RESPONSIBILITIES

All Data is the sole responsibility of the person who originated such Data. We may not monitor or control the Data transmitted via the Services and, we cannot take responsibility for such Data. Any use or reliance on any Data communicated via the Services or obtained by you through the Services is at your own risk.

Rugged Data does not own any of the Task Data. The Client, not Rugged Data, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Task Data, and Rugged Data shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Task Data.

It is the Client’s responsibility to ensure that they have taken all appropriate steps to ensure appropriate backup and security of its data. Rugged Data is not liable for any loss of or damage to the Client’s data.

The Client is responsible for all user activity, and all task data transmissions, occurring under their accounts.The Client shall abide by the Law in connection with their own and users use of the Rugged Data Service.

As Task Data may contain potentially sensitive personal data (as defined by the Act) of Users and third parties, you acknowledge that you are solely responsible for obtaining all required consents, permission and authorisations from such Users and Third Parties. You may not provide us with Task Data or other information containing the personal data of Users or Third Parties unless and until you have contained the necessary consents, authorisations and permissions to do so.

The Client agrees to abide by all applicable Rugged Data policies, procedures, and agreements relating to Rugged Data and the Service.

The client shall: (i) notify Rugged Data of any breach of User Authentication, compromised passwords, or known security breaches (ii) not impersonate another user, provide false user login details, or share user accounts to gain access to the Service.

The client shall not (i) permit any third party to access the Rugged Data Services except as permitted herein, (ii) create derivative works based on the Rugged Data Services except as authorized herein, (iii) copy, frame or mirror any part or content of the Rugged Data Services, other than copying or framing on your own intranets or otherwise for your own internal business purposes, (iv) reverse engineer the Rugged Data Services, (v) remove any proprietary notices within the Rugged Data Services;  or (vi) access the Rugged Data Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Rugged Data Services

If Rugged Data discovers use of  the Service for anything other than as permitted by this Agreement or for any of the prohibited uses in this Agreement, Rugged Data may at our sole discretion terminate your Service with immediate effect. Prohibited uses includes, but are not limited to:

  • The client shall not use the Rugged Data service for purposes or behaviour that is illegal, unlawful, fraudulent, improper, abusive, threatening, obscene, deceptive, infringing, or tortious material, including material harmful to childful or invasive of third party privacy rights.

  • Knowingly, negligently, recklessly or intentionally using the service or transmitting material that may:

    • be harmful or dangerous material, including but not limited to, viruses, malware or spyware.

    • infringe on third party Intellectual Property Rights.

    • Collect personal data without consent or in breach of applicable data protection and privacy laws.

    • exploit, bypass the restrictions  and limitations contained in this Agreement.

    • Interfere with or disrupt the integrity of the service or the task data therein.

    • Attempt to gain unauthorised access to the Service or related systems.

RUGGED DATA RIGHTS

All right, title, and interest in and to the Services, including all related intellectual property rights, are and will remain the exclusive property of Rugged Data. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.

Nothing in the Terms gives you a right to use the Rugged Data name or any of the Rugged Data trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Rugged Data, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. We shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Rugged Data Services any suggestions, enhancement requests, recommendations or other feedback provided by You, including Users, relating to the operation of the Rugged Data Services.

Rugged Data may reference you as a user of the Services and use your name and logo, as applicable, in listings of customers of the Services appearing on the Rugged Data web site and for other marketing and promotional purposes relating to the Services.

ACCOUNT TERMINATION

This agreement commences on the Effective Date.

Rugged Data is a subscription service and once established, this agreement will continue for one month. There is no minimum contact commitment which means that thereafter this agreement can be cancelled by either party at any time upon giving one full and inclusive calendar month’s notice in writing

Rugged Data in our absolute discretion may prevent and block your company from using the Rugged Data Platform within 60 days of the Effective Date of this agreement data, in which case you will be notified of such rejection by email and refunded any unused subscription fees in connection with the Service.

You also understand that Rugged Data may terminate this Agreement without cause upon thirty (30) days’ prior written notice.

You understand and agree that Rugged Data may at any time, and without additional notice to you, terminate, modify, suspend, discontinue, or block access to some or all of the features of the Rugged Data  Service if:

  • If we, in our sole discretion, consider you to be in breach of this Agreement, or likely to be in breach of this Agreement, we may take any action we think is necessary to protect Rugged Data, the Service and its Users.

  • Rugged Data determines that you did not or will not reasonably comply or cooperate with any applicable Law.

  • Rugged Data is ordered by any regulator, law enforcement or other government agency to suspend or terminate the Service.

  • You bring any legal action or proceeding, including without limitation in any court, regulatory, or administrative body, arbitral body, or mediator, against Rugged Data.

  • Rugged Data determines that such action is necessary to protect, maintain, or improve the Service; to prevent fraud or misrepresentation by affirmative acts and/or omissions; to protect Rugged Data, our clients, or other third parties affiliated with Rugged Data; or for any other good cause.

TERMINATION CONSEQUENCES

Upon any termination or suspension of your account, Rugged Data may deactivate or delete your account and all related information and files in your account and restrict access to such files, information or Service.

Rugged Data shall not be held liable to you or any third party for any reason for terminating or suspending your use of or access to Rugged Data Service.

In the event this Agreement is terminated (other than by reason of the Client's breach), Rugged Data shall advise the Client how it may retrieve the Task Data but it will be the sole responsibility of the Client to retrieve a copy of their Task Data within 30 days of termination after which time, to the extent permitted by applicable Law, Rugged Data may delete all such data.

Rugged Data has the right, in its sole discretion, to immediately suspend or terminate the Rugged Data service without notice for any breach by the client within Limitation. Upon termination by Rugged Data for any breach, the Client’s right to access or use Task Data immediately ceases, and Rugged Data shall have no obligation to maintain or store or forward any Task Data. We may (i) withdraw your right to use Rugged Data (ii) (iii) take legal proceedings against you (iv) disclose any information to law enforcement authorities we think is necessary or required by Law. These actions are not limited and we may take other action we feel appropriate.

REPRESENTATIONS AND WARRANTIES

The provisions of this Agreement relating to intellectual property ownership, Client representations and warranties, confidentiality, use policies and restrictions, storage of user information, publicity rights, payment terms, indemnification, force majeure, warranty disclaimers, limitations of liability, notices, assignment, modifications, interpretation, dispute resolution and choice of law shall survive termination or expiration of this Agreement for the maximum term allowable by Law.

Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

Rugged Data warrants that it will provide the Service in a manner consistent with normal industry standards and under normal use. The sole remedy for breach of this warranty shall be the correction of Defects by Rugged Data within a normal time from notification by the Client, providing that such remedial work is commercially practicable, and that the Client assists Rugged Data with sufficient information and to enable Rugged Data to recreate the Defect.

Use of the Service and any reliance by you upon the Service, including any action taken by you because of such use or reliance, is at your sole risk. Rugged Data does not guarantee that the services will be uninterrupted or error free; that Defects within the Services will be corrected; Rugged Data will work with any Hardware or Software not identified at the time of placing an Order; nor does it make any warranty as to the results that may be obtained from use of the Services. The Services are provided “As Is” and to the maximum extent permitted by the law, and for the avoidance of any doubt, save for Section
2 of the Supply of Goods and Services Act 1982, Rugged Data disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.Limitation of Liability

Nothing in this agreement shall limit or restrict or be deemed or construed so as to limit or restrict the liability of Rugged Data or the customer for death or personal injury to any person caused by its negligence.

Subject always to the provision above, the total liability hereunder of Rugged Data in contract, tort or otherwise (including negligence) shall, in respect of all claims be capped at the fees paid to Rugged Data in the 12 months immediately prior to the period in which the claim or claims are made, or £500, whichever is the lower amount.

Subject to the provision above,  Rugged Data shall not be liable hereunder, in contract, tort or otherwise (including negligence) for any indirect or consequential losses whatsoever or otherwise howsoever arising including without limitation, losses of profits, loss revenues, business, loss or destruction of data, anticipated savings or any other indirect or consequential losses whatsoever.

Rugged Data is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Services.

Rugged Data shall not be liable to you or to any third party for modification, price change, suspension or discontinuation of the Service.

The Client shall indemnify and hold Rugged Data and its parent Organisation from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with (i) a claim alleging that use or disclosure of the Task Data infringes on the rights of, or has caused harm to a third party (including Users), (ii) a claim arising from the breach by the Client or their Users of this Agreement.

CONTROLLING LAW AND JURISDICTION

These Terms and Conditions are governed by the laws of England and Wales and will be interpreted in accordance with the English courts. The English courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the United Kingdom, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

ENTIRE AGREEMENT

  • These Terms and our Privacy Policy are the entire and exclusive agreement between Rugged Data and you regarding the Services (excluding any services for which you have a separate agreement with Rugged Data that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Rugged Data. and you regarding the Services.

We may revise these Terms from time to time, by publishing updated versions of the Terms of Service or such policies, guidelines, or rules on ruggeddata.co.uk, or otherwise providing notice to you, Rugged Data may modify the Terms of Service and may discontinue or revise any or all aspects of the Service at its sole discretion. All such changes shall become effective upon posting of the revised Terms of Service to http://www.ruggeddata.co.uk/terms.  By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Nuffield Technologies Limited trading as Rugged Data, company registration number 04619513, registered office: Communications House, 16 Didcot Road,  Nuffield Industrial Estate,Poole, Dorset. BH17 0GD