UltraSys® Combined Agreement (v1.1)

Terms of Service, Privacy Policy, Liability, Acceptable Use, and Data Processing Addendum

 UltraSys® is owned and operated by Maintaining Technology Advisory Services Ltd (“MTAS”).

1. Introduction

This Combined Agreement (“Agreement”) governs your use of the UltraSys® software platform (“UltraSys®”, “the Service”). UltraSys® is owned and operated by Maintaining Technology Advisory Services Ltd, 14 Stanley Rd, Birmingham B14 (“MTAS”, “we”, “us”, “our”).

By accessing or using UltraSys®, you agree to be bound by this Agreement. If you do not agree, you must not use the Service.

2. Definitions

  • Customer: The organisation or individual using UltraSys®.
  • User: Any individual authorised by the Customer to access UltraSys®.
  • Data: Any information submitted to UltraSys®, including operational, maintenance, asset, or user data.
  • Personal Data: Information relating to an identifiable individual, as defined under UK GDPR.
  • Special Category Data: Sensitive data defined under UK GDPR (e.g., health, biometric, ethnicity).
  • Agreement Version: The version number of this Agreement recorded at acceptance.
  • MTAS: Maintaining Technology Advisory Services Ltd, the owner and provider of UltraSys®.

PART A — TERMS OF SERVICE

3. Service Description

UltraSys® provides a cloud‑based Computerised Maintenance Management System (CMMS) enabling Customers to manage assets, maintenance workflows, operational records, and related data.

UltraSys® is provided as a subscription service via Paddle (Merchant of Record).

4. Account Registration

Customers must provide accurate information during onboarding. Customers are responsible for:

  • maintaining account security
  • ensuring authorised access
  • ensuring Users comply with this Agreement

5. Subscription, Billing & Renewal

Billing is handled by Paddle. Subscriptions renew automatically unless cancelled. All fees are non‑refundable except where required by law.

6. Customer Responsibilities

Customers must:

  • ensure data accuracy
  • maintain operational safety independent of UltraSys®
  • comply with all applicable laws
  • ensure Users follow the Acceptable Use Policy

UltraSys® does not assume responsibility for operational decisions made using the Service.

7. Service Availability

UltraSys® aims for high availability but does not guarantee uninterrupted service. Maintenance windows may occur with reasonable notice.

8. Modifications

UltraSys® may update features, interfaces, or components. Material changes to this Agreement will be versioned and notified.

PART B — PRIVACY POLICY

9. Data Collected

UltraSys® collects:

  • account information (name, email, organisation)
  • operational data entered by Users
  • usage logs, IP addresses, device information
  • billing information (via Paddle)

10. How Data Is Used

UltraSys® uses data to:

  • provide and improve the Service
  • ensure security and auditability
  • deliver support
  • comply with legal obligations

UltraSys® does not sell customer data.

11. Data Sharing

UltraSys® may share data with:

  • Paddle (billing)
  • infrastructure providers (hosting, security)
  • legal authorities where required

All processors operate under GDPR‑compliant agreements.

12. Data Retention

Data is retained for the duration of the subscription and for a reasonable period thereafter for audit, legal, and operational continuity.

13. Data Rights (UK GDPR)

Customers and Users have rights to:

  • access
  • rectify
  • erase
  • restrict processing
  • portability

Requests can be submitted to MTAS support.

PART C — CUSTOMER‑ADDED PERSONAL DATA FIELDS

14. Customer Control Over Personal Data

UltraSys® allows Customers to create custom fields that may contain Personal Data relating to their personnel, contractors, suppliers, or other individuals.

The Customer is the Data Controller for all Personal Data entered into UltraSys®, including custom fields. MTAS acts solely as Data Processor.

15. Customer Responsibility for Custom Fields

The Customer is solely responsible for:

  • determining what Personal Data is entered
  • ensuring lawful basis under UK GDPR
  • ensuring data accuracy
  • ensuring data minimisation
  • ensuring Users are authorised to enter such data

MTAS does not monitor, review, or validate the content of custom fields.

16. Prohibition on Special Category Data

The Customer must not enter Special Category Personal Data into UltraSys® unless:

  • they have a lawful basis under UK GDPR
  • they have implemented appropriate safeguards
  • they have notified MTAS in advance

MTAS does not accept liability for Special Category Data entered without notification.

17. No Monitoring of Customer Data

MTAS does not inspect, moderate, or review Customer‑entered data. The Customer is responsible for ensuring compliance with all applicable data protection laws.

PART D — LIABILITY DISCLAIMER

18. Operational Responsibility

UltraSys® provides tools for managing maintenance workflows, but Customers remain fully responsible for:

  • operational decisions
  • safety compliance
  • regulatory adherence
  • accuracy of data entered

UltraSys® does not guarantee correctness of Customer data.

19. No Professional Advice

UltraSys® does not provide engineering, safety, or compliance advice. Any decisions made using UltraSys® are solely the Customer’s responsibility.

PART E — WARRANTY EXCLUSIONS

20. Provided “As Is”

UltraSys® is provided “as is” and “as available”. MTAS disclaims all warranties, express or implied, including:

  • merchantability
  • fitness for a particular purpose
  • non‑infringement

21. No Guarantee of Results

UltraSys® does not warrant that:

  • the Service will meet Customer requirements
  • the Service will be error‑free
  • data outputs will be accurate or complete

PART F — INDEMNITY

22. Customer Indemnity

The Customer agrees to indemnify MTAS against claims arising from:

  • misuse of the Service
  • breach of this Agreement
  • unlawful or negligent operations
  • inaccurate or misleading data entered into UltraSys®
  • entry of Special Category Data without lawful basis

PART G — LIMITATION OF LIABILITY

23. Maximum Liability

MTAS’s total liability for any claim shall not exceed the total subscription fees paid by the Customer in the preceding 12 months.

24. Excluded Damages

MTAS is not liable for:

  • indirect or consequential loss
  • loss of profits
  • loss of data
  • business interruption
  • operational failures caused by Customer actions

PART H — ACCEPTABLE USE POLICY

25. Prohibited Activities

Users must not:

  • attempt to breach security
  • reverse engineer the Service
  • upload malicious code
  • use UltraSys® for unlawful activities
  • overload or disrupt the platform

26. Suspension

MTAS may suspend accounts for violations of this Agreement.

PART I — DATA PROCESSING ADDENDUM (ENTERPRISE)

(Applies only where MTAS processes Personal Data on behalf of the Customer.)

27. Roles

  • Customer = Data Controller
  • MTAS = Data Processor

28. Processor Obligations

MTAS will:

  • process Personal Data only on documented instructions
  • implement appropriate technical and organisational measures
  • assist with data subject requests
  • notify Customers of data breaches
  • ensure sub‑processors are GDPR‑compliant

29. International Transfers

MTAS may transfer data outside the UK/EU using:

  • Standard Contractual Clauses
  • UK Addendum
  • other lawful mechanisms

30. Audit & Compliance

Enterprise Customers may request audit information. MTAS will provide reasonable cooperation.

31. Governing Law

This Agreement is governed by the laws of England and Wales.

32. Acceptance

By checking the acceptance box, you agree to the UltraSys® Combined Agreement (Version 1.1).