Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Production Analytics ("Company," "we," "us," or "our") governing your access to and use of our website, services, and related applications (collectively, the "Services").

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use our Services.

2. Description of Services

Production Analytics provides industrial production analytics, factoring services, process planning, and related consulting services to manufacturing and industrial businesses. Our Services include:

• Production analytics and data analysis tools
• Invoice factoring and accounts receivable financing
• Process planning and optimization consulting
• Related software, platforms, and support services

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that:

• You are of legal age to form a binding contract
• You have the authority to bind your company or organization to these Terms
• All information you provide is accurate, current, and complete
• You will maintain and update your information as necessary

3.2 Account Registration

Certain Services may require you to create an account. When registering, you agree to:

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

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Use of Services

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use our Services solely for legitimate business purposes related to production analytics, factoring, or process planning.

4.2 Prohibited Activities

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use our Services for any fraudulent, illegal, or unauthorized purpose
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our Services
• Reverse engineer, decompile, or disassemble any software or technology
• Copy, modify, or create derivative works of our Services
• Remove or alter any copyright, trademark, or proprietary notices
• Use automated systems to access our Services without permission
• Transmit viruses, malware, or other harmful code
• Collect or harvest information about other users
• Impersonate any person or entity or misrepresent your affiliation

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, functionality, and materials on our Services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof, are owned by Production Analytics or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes. This license does not include the right to:

• Resell or commercially exploit our Services
• Use our Services to provide services to third parties
• Copy, modify, or create derivative works
• Remove proprietary notices or labels

5.3 Your Content

You retain ownership of any data, information, or content you submit to our Services ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute Your Content solely for the purpose of providing and improving our Services.

6. Payment Terms

6.1 Fees and Billing

Certain Services may require payment of fees. You agree to pay all fees associated with your use of our Services in accordance with the pricing terms provided at the time of purchase. Fees are quoted in U.S. dollars and are non-refundable unless otherwise stated.

6.2 Payment Methods

We accept payment through various methods as specified during the purchase process. You agree to provide current, complete, and accurate payment information. You authorize us to charge your chosen payment method for all fees.

6.3 Late Payments

If payment is not received by the due date, we may suspend or terminate your access to paid Services. You are responsible for any fees or charges incurred due to late or failed payments.

6.4 Price Changes

We reserve the right to modify our pricing at any time. We will provide notice of material price changes. Continued use of Services after a price change constitutes acceptance of the new pricing.

7. Factoring Services Terms

7.1 Factoring Agreement

If you use our factoring services, separate factoring agreements will govern the specific terms, including advance rates, fees, recourse provisions, and collection procedures. These Terms supplement, but do not replace, any factoring agreements.

7.2 Invoice Verification

We reserve the right to verify invoices and customer creditworthiness before providing funding. Funding is subject to our approval and verification processes.

7.3 Recourse and Non-Recourse

Factoring terms, including recourse and non-recourse provisions, will be specified in your factoring agreement. You are responsible for understanding and complying with these terms.

8. Disclaimers and Limitations of Liability

8.1 Service Availability

We strive to provide reliable Services but do not guarantee that our Services will be uninterrupted, error-free, or available at all times. Services may be subject to scheduled maintenance, technical issues, or other disruptions.

8.2 Disclaimer of Warranties

OUR 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODUCTION ANALYTICS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8.4 Jurisdiction-Specific Limitations

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Production Analytics, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content or any content you submit

10. Termination

10.1 Termination by You

You may terminate your account and stop using our Services at any time by contacting us or using account termination features, if available.

10.2 Termination by Us

We may suspend or terminate your access to our Services immediately, without prior notice, if you:

• Violate these Terms or our policies
• Engage in fraudulent or illegal activities
• Fail to pay required fees
• Otherwise breach these Terms

10.3 Effect of Termination

Upon termination, your right to use our Services will immediately cease. We may delete your account and data, subject to our data retention policies. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [State], United States, without regard to its conflict of law provisions.

11.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law. Arbitration shall take place in [City, State], United States.

11.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Modifications 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 this page with a new "Last Updated" date
• Sending an email notification to registered users
• Displaying a prominent notice on our website

Your continued use of our Services after such changes constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using our Services.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on our Services, constitute the entire agreement between you and Production Analytics regarding your use of our Services.

13.2 Severability

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

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

13.4 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.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet or telecommunications failures.

14. Contact Information

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

We will respond to your inquiry within a reasonable timeframe.