Terms of Service

Last updated: 10 September 2026

1. Definitions

• "Application" refers to the HortiTrak web application and any associated services
• "Provider", "We", "Us", "Our" refers to HortiTrak and its operators
• "Subscriber" refers to the business or organisation that subscribes to use the Application
• "User", "You" refers to any person granted access to the Application by a Subscriber
• "Customer" refers to businesses whose equipment transactions are recorded in the Application
• "Data" refers to all information entered into, generated by, or stored within the Application

2. Account Access

• Access to the Application is granted by the Subscriber to authorised personnel only
• You are responsible for maintaining the confidentiality of your login credentials
• You must notify us immediately of any unauthorised access to your account
• We reserve the right to suspend or terminate accounts at our discretion
• Account administrators are responsible for managing user access within their organisation

3. Acceptable Use

You agree to use the Application only for:

• Recording legitimate business transactions related to equipment tracking
• Viewing and managing customer accounts as part of your job duties
• Generating reports and statements for business purposes

You agree NOT to:

• Share your login credentials with unauthorised persons
• Attempt to access accounts or data beyond your authorised role
• Use the Application for any illegal or unauthorised purpose
• Attempt to interfere with or disrupt the Application's operation
• Copy, modify, or distribute the Application or its source code without permission
• Use the Application to store data unrelated to its intended purpose

4. Supplementary Records

5. Data Accuracy and Responsibility

• Users are solely responsible for the accuracy, completeness, and timeliness of data they enter
• Transaction records should be verified at the time of delivery or collection
• Any errors should be reported and corrected promptly
• The Subscriber is responsible for ensuring that equipment balances are periodically reconciled against physical stock
• We accept no liability for business decisions made based on data entered by Users, including inaccurate, incomplete, or outdated records

6. Data Backups and Recovery

• We perform regular automated backups of Application data as part of routine system maintenance
• However, we do not guarantee that data can be recovered in all circumstances, including but not limited to hardware failure, software defects, cyberattacks, or third-party service outages
• Subscribers are strongly encouraged to maintain their own independent records and to use the Application's export features to create their own backups
• We shall not be liable for any loss, corruption, or unavailability of data, howsoever caused

7. Service Availability

• We aim to maintain reasonable Application availability but do not guarantee uninterrupted or error-free service
• No specific uptime percentage or service level is guaranteed
• Scheduled maintenance may occasionally require temporary downtime, and we will endeavour to provide reasonable notice where possible
• We reserve the right to modify, suspend, or discontinue any feature or the Application itself with reasonable notice
• Support is provided on a reasonable-endeavours basis during normal business hours

8. Intellectual Property

• The Application, its design, source code, and original content are the intellectual property of HortiTrak
• You may not copy, reproduce, reverse-engineer, or create derivative works without written permission
• All trademarks and logos remain the property of their respective owners
• Data entered by Users remains the property of the Subscriber

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Application is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, or business interruption
• Our total aggregate liability arising from or related to these Terms or your use of the Application shall not exceed the total fees paid by the Subscriber in the twelve (12) months preceding the event giving rise to the claim
• We are not liable for any loss or damage arising from circumstances beyond our reasonable control (see Force Majeure below)

10. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, severe weather, fire, or flood
• Epidemics or pandemics
• Acts of war, terrorism, or civil unrest
• Failure of third-party hosting providers, internet service providers, or telecommunications networks
• Cyberattacks, including but not limited to denial-of-service attacks, ransomware, or data breaches caused by third parties
• Power outages or hardware failures
• Changes in applicable law or regulation
• Government actions or restrictions

11. Indemnification

You agree to indemnify and hold HortiTrak and its operators harmless from any claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your misuse of the Application
• Inaccurate or incomplete data you enter into the system
• Any dispute between you and a third party relating to data held within the Application

12. Termination

• We may terminate or suspend your access immediately for violations of these Terms
• Either party may terminate the subscription with 30 days' written notice
• Upon termination, your right to use the Application ceases immediately
• Subscribers may request an export of their data within 30 days of termination, after which data may be permanently deleted
• Provisions that should survive termination (including liability limitations, indemnification, and intellectual property) will remain in effect

13. Privacy and Data Protection

Your use of the Application is also governed by our Privacy Policy, which describes how we collect, use, and protect personal data in accordance with applicable data protection law, including the UK General Data Protection Regulation (UK GDPR).

14. Governing Law

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

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify Subscribers of material changes. Continued use of the Application after changes take effect constitutes acceptance of the revised Terms. If you do not agree with any changes, you should stop using the Application.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Contact

For questions about these Terms, please contact:

HortiTrak
Email: alan@hortitrak.com