SAAS Terms and Conditions
True Track Software Limited
Pyramid Software as a Service (SaaS) Terms and Conditions
1. Terms and Conditions
1.1These Pyramid SaaS Terms and Conditions apply when You access and/or use the Pyramid Subscription service, and apply in conjunction with, and should be read together with, TTS’s General Terms and Conditions. In the event of any conflict between the two, these Pyramid SaaS Terms and Conditions take precedence in relation to the Pyramid Subscription service.
2. The System
2.1Pyramid and all other material, information and services made available to you under this Agreement are part of our computer system (the “System”).
2.2The System comprises hardware, software, and communications facilities which are continually amended and updated by both us and third party suppliers (the “System Suppliers”).
2.3You accept that the System will be amended and updated at TTS’s discretion.
2.4You agree that TTS have not made any representation nor warranty to you regarding the availability, reliability, suitability or timeliness of the updates and amendments referred to at clause 2.3, nor of the System at the date of the Sales Order.
2.5TTS agrees to use all reasonable endeavours to ensure that the System will (subject to other terms of this Agreement) be available at all times.
2.6You accept that clause 2.5 is subject to the availability and reliability of third party products. You understand and agree that TTS is not responsible for the failure of any third party product.
2.7You understand that, occasionally, the System will not be available. TTS will endeavour to avoid this, but for example, when updates are being installed, You accept that this may be unavoidable.
3. Pyramid Modules
3.1The Pyramid Modules specified on the Sales Order will be provided to You from the date of installation.
3.2You may add to or vary the selection of Pyramid Modules which You wish to license from time to time during the continuance of this Agreement by written request to TTS. On receipt of a signed return Sales Order, TTS will amend Your Pyramid Subscription to include the additional Pyramid Modules.
4. Software Licences
4.1For the sole purpose of access to and use of Pyramid and the System, TTS hereby grant to You a non-exclusive, non-transferable licence to use our software to enable You to use Pyramid during the Term of this Agreement.
4.2Pyramid may only be used by You (and only by the number of users paid for by You) for the sole purpose of using Pyramid as licensed to You.
4.3You agree that, for functionality and licensing purposes, You will use Pyramid through the latest edition of the web browser currently known as Firefox, or such other web browser as TTS specify from time to time.
5. Pricing, Account Billing, Invoicing and Refunds
5.1Except where otherwise agreed in writing between a Director of TTS and you, you will be invoiced in arrears on the 1st day of the following month for the previous month’s usage of Pyramid and associated Pyramid Services. Unless otherwise stated, prices are exclusive of VAT, which will be added at the prevailing rate.
5.2TTS reserves the right to suspend and/or cancel Your account where payment is not made on the 1st of each month.
5.3If payment remains outstanding for 14 days, You will be given 7 days Notice to pay the outstanding amount then due. Failure to pay the amounts due will result in TTS suspending Your Pyramid account until the amounts are paid in full.
5.4TTS will not provide refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
5.5Payment can be made by credit or debit card on the administration page within Pyramid or by standing order set-up from Your bank account.
5.6TTS may review the pricing plans and the amounts payable under clause 5.1 once in any 12-month period. New users should contact our sales team for an up to date quote. Existing clients will be given not less than 3 months’ Notice of any increase to the amounts payable under clause 5.1, and no increase will take effect before the end of that Notice period, so that You may give Notice under clause 5.7 and end Your subscription before the increase applies.
5.7Unless otherwise agreed in writing by a Director of TTS, either party may end Your Pyramid Subscription by giving the other not less than 3 months’ written Notice of the date on which the subscription will end.
5.8Implementation, data migration, development, training and any other work that is not included in the charges under clause 5.1 is chargeable. It will be described in a Sales Order and, where applicable, a Project Document issued by TTS and, where TTS has agreed Implementation Terms with You, is governed by those terms. Any such work that TTS provides free of charge or at a reduced charge is a goodwill gesture at TTS’s discretion, creates no entitlement or expectation that it will be repeated, and may be withdrawn.
6. Cancellation, Termination and use of Your Data
6.1Where TTS or You cancel an account under the terms of this Agreement, You will pay for TTS’s Services until the end of the month in which the account is cancelled. No refunds will be due from TTS.
6.2Where Your account has been cancelled, TTS will archive Your data in a secure backup facility for 6 months.
6.3Within 7 days of receiving a written request by You, and subject to compliance with clause 6.5, TTS will supply a copy of Your data to You.
6.4Following cancellation of Your Pyramid Subscription, if You comply with clause 6.5, Your data will be made available in a MySQL database format with a standard extraction. TTS may be able to provide the data in other formats and can also write tailored exports in specified formats by agreement and on Your request.
6.5An administration fee is payable prior to any requested data extraction. Please note that requesting the data in formats other than MySQL will incur additional costs as a result of the additional time that will be required to complete the extraction.
6.6TTS has no obligation to monitor and access Your account activity.
6.7TTS may monitor Your account activity for any reason, including but not limited to:
6.7.1if (for any reason) TTS believes there is questionable material in use through Your account, or
6.7.2to provide You with customer support.
6.8TTS reserves the right to terminate Your account(s) (whether Trial or Paid) if any material referred to in clause 6.7 is disseminated by or stored on Your account. TTS will notify You and discretion will be used.
6.9Historic and look-up access. Following cancellation, if You need continued access to Your data for historic and look-up purposes, TTS will issue a new agreement for that access, at a charge per user that TTS will confirm in writing before the new agreement starts. The scope of access, the number of users and the other terms will be set out in that agreement. Where a historic access agreement is in place, TTS will retain Your data for its duration in place of the archive period in clause 6.2. Where none is in place, clause 6.2 applies. Where Your service tier includes post-termination access, as stated in the Service Tiers schedule, that access is provided free of charge for the period stated there. Exporting Your data under clauses 6.3 to 6.5 remains available as an alternative.
7. Warranty
7.1Your use of the service is at Your sole risk.
7.2The Pyramid Service is provided on an “as is” and “as available” basis.
7.3TTS does not warrant that:
7.3.1the service will meet your specific requirements;
7.3.2the service will be uninterrupted, timely, secure, or error-free;
7.3.3the results that may be obtained by You from the service will be accurate or reliable.
7.4You understand and agree that TTS is not liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if TTS has been advised of the possibility of such damages), resulting from:
7.4.1Your use or inability to use the service;
7.4.2the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or any messages received or transactions entered through or from the service;
7.4.3unauthorised access to or alteration of Your transmissions of data;
7.4.4statements or conduct of any third party on or involved in providing the service;
7.4.5any other matter relating to Your use of Pyramid.
8. Re-connection
8.1Where Your Pyramid account has previously been cancelled, re-opening a Pyramid account will be subject to payment of a Re-connection Fee.
8.2TTS may refuse to re-connect You to Pyramid and the associated services if, for any reason, You are disconnected.
9. Bulk Email Service
9.1You will not send illegal, abusive or offensive e-mails and/or Spam through Pyramid.
9.2Where You breach clause 9.1, TTS may cease to provide further services to You with immediate effect.
10. Intellectual Property, Source Code and Data Ownership
10.1TTS reserves the right to refuse or remove any content submitted via the Service although you acknowledge and accept that TTS are not obliged to monitor such content as a standard part of the Service provided.
10.2TTS houses all Software on servers which are either owned by TTS or leased from third parties. Unauthorised distribution of the Software without prior consent is strictly prohibited and includes placing our Software on any physical or virtual servers or mediums without special agreement or written consent from TTS.
10.3As between the parties, TTS and its licensors own and retain all intellectual property rights in Pyramid, the System and the Software, including all updates, enhancements, modules, configurations, integrations, reports, templates and customisations, whether developed for You or for any other customer and whether or not developed at Your request or cost. Nothing in this Agreement transfers any of those rights to You, other than the limited licence granted by clause 4.
10.4Where TTS develops a customisation, integration or other bespoke work for You, TTS grants You a non-exclusive, non-transferable right to use it as part of Pyramid during the Term. TTS may use, reuse, adapt and make available that work, and the know-how gained in creating it, to other customers, provided that it does not disclose Your Confidential Information or Your data. Any different arrangement, such as ownership or exclusivity, applies only where it is set out in a written document signed by a Director of TTS.
10.5As between the parties, You retain all rights, title and interest in the data that You or Your users enter into, or generate through, Pyramid in the course of Your business (“Customer Data”). You grant TTS a non-exclusive, limited licence, for the Term and for the archive period in clause 6.2, to host, process, copy and use Customer Data solely to provide, secure, support and maintain the Pyramid Subscription service, to comply with Your documented instructions, and as required by law.
10.6TTS will not sell Customer Data, and will not disclose it to any third party except to its sub-processors in accordance with clause 15, to its professional advisers under a duty of confidentiality, or where required by law.
11. Data Loss & Backups
11.1TTS will take all steps necessary to guard against the loss of customer data whether that be through general use, hacking or server failure, but limits its liability to the extent permitted by the UK General Data Protection Regulation.
11.2All Pyramid DMS production servers are hosted in the UK at Telehouse South, part of the renowned Telehouse London Docklands campus in East London — one of Europe’s most connected and resilient data centre environments. Opened in 2022, Telehouse South delivers 18MW of total power capacity with dual redundant power feeds, N+1 generator redundancy, and a 2N UPS configuration, providing the kind of infrastructure-level resilience that keeps mission-critical business systems running without interruption.
11.3The Telehouse London campus holds a comprehensive set of internationally recognised accreditations, including ISO/IEC 27001 Information Security Management, ISO 22301 Business Continuity Management, PCI-DSS Payment Card Industry Data Security Standard, and ISO 9001 Quality Management. Physical security is maintained around the clock by trained security personnel, with electronic access management, proximity access control systems, and CCTV coverage throughout all facilities.
11.4On top of the data centre’s own security controls, our infrastructure is actively monitored and supported 24/7, 365 days a year by True Track Software system administrators and contractors. Our operational and security processes are aligned with ISO 27001 standards, ensuring that how we manage and protect your data is held to the same rigorous benchmark as the facility that houses it.
11.5When it comes to data protection and resilience, we take a belt-and-braces approach. All customer data and source code is backed up both daily and weekly, with daily backups replicated offsite to a secondary UK data centre — meaning your data is never dependent on a single location. In the unlikely event of a primary site incident, recovery is straightforward and your business continuity is protected.
11.6For full details on Telehouse’s facilities, certifications, and security standards, visit telehouse.net.
12. Confidentiality and Privacy Policy
12.1TTS will at all times be committed to ensuring the confidentiality of information. Any information submitted by the customer will only be used by TTS in accordance with the instructions of the customer and data will be handled in accordance with TTS’s Privacy Policy.
12.2Each party agrees and undertakes that during the term of this Agreement and thereafter it will keep confidential, and will not use for its own purposes, any information of a confidential nature which may become known to that party from the other party (“Confidential Information”) nor without the prior written consent of the other party disclose to any third party any Confidential Information unless the Confidential Information: (a) is in the public domain at the Effective Date of this Agreement; (b) is already known to that party at the time of disclosure; (c) becomes public knowledge other than by breach of this Agreement; or (d) subsequently comes lawfully into the possession of that party from a third party who is under no obligation of confidentiality.
13. Data Protection
13.1Where TTS is processing any personal data relating to the Customer in connection with the provision of the Services, it is doing so on behalf of the Customer as a “Data Processor” and the Customer is the “Data Controller” under the UK General Data Protection Regulation and the Data Protection Act 2018 (together, “UK GDPR”).
13.2Both parties will comply with UK GDPR.
13.3To the extent that TTS is a Data Processor in respect of any Personal Data Processed by it under this Agreement, TTS agrees:
13.3.1only to process that data on documented instructions from You, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by domestic law to which You are subject and, in such a case, You shall inform TTS of that legal requirement before processing unless that law prohibits such information on important grounds of public interest;
13.3.2to notify You if TTS considers that Your instructions are in breach of UK GDPR or other applicable data protection laws;
13.3.3to ensure that persons authorised to process data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
13.3.4to take all measures required pursuant to Article 32 of UK GDPR;
13.3.5to respect the conditions referred to in paragraphs 2 and 4 of Article 28 of UK GDPR for engaging another processor;
13.3.6taking into account the nature of the processing, to assist You by appropriate technical and organisational measures in so far as this is possible for the fulfilment of Your obligation to respond to requests for exercising the data subjects’ rights laid down in Chapter III of UK GDPR;
13.3.7to assist You in ensuring compliance with the obligations pursuant to Articles 32–36 of UK GDPR taking into account the nature of processing and the information available to TTS;
13.3.8at Your choice, delete or return all of the personal data to You after the end of the provision of the Services and delete existing copies unless applicable law requires storage of the personal data; and
13.3.9make available to You all information necessary to demonstrate compliance with the obligations laid down in Article 28 of UK GDPR and allow for and contribute to audits, including inspections, conducted by You or another auditor mandated by You; and
13.3.10provide reasonable assistance to You in operating any data protection complaints procedure required of You as Data Controller under UK GDPR, including the right to complain to a controller introduced by the Data (Use and Access) Act 2025; and
13.3.11notify You without undue delay after becoming aware of a personal data breach affecting Personal Data processed under this Agreement, and provide You with such information as You may reasonably require to meet Your own notification obligations under UK GDPR.
14. Support Services
14.1TTS operates a support desk by telephone and email, Monday to Friday, 8:30am to 5:30pm (excluding UK public holidays) (“Support Hours”).
14.2During Support Hours, TTS aims to answer telephone support calls directly. Where all support desk operators are unavailable (for example, where they are on other calls), TTS aims to return Your call within 2 hours.
14.3Outside Support Hours (including weekends and UK public holidays), support is available by email only. TTS aims to respond to emails received outside Support Hours within 48 hours.
14.4A “Critical Issue” is a fault that materially prevents You from accessing or using Pyramid. Critical Issues should be reported by telephone during Support Hours and by email at any other time. For Critical Issues, TTS aims to restore service (by fix, rollback or workaround) within the following times of the Critical Issue being reported to TTS:
(a)where the fault is in the Pyramid software code: 1 hour, on any day of the year; and
(b)where the fault is in server, hosting or other hardware or infrastructure: 4 hours on Monday to Friday, and 48 hours at weekends and on UK public holidays.
14.5The times in clause 14.4 do not apply, and do not run, where the fault is caused by Your own equipment, network or internet connection, by Your misuse of Pyramid or by a third party’s systems outside TTS’s reasonable control, or during planned maintenance notified to You or a force majeure event.
14.6Where Your service tier includes enhanced support (for example weekend telephone support for Critical Issues, or shorter restoration times), the enhanced support is stated in the Service Tiers schedule or Your Sales Order and applies in addition to this clause 14.
14.7The response and restoration times in this clause 14 are targets that TTS uses reasonable endeavours to meet. They are not a guaranteed service level, and do not affect or limit TTS’s rights under clause 7 (Warranty) or clause 4 of the General Terms and Conditions (Liability).
15. Sub-processors
15.1You grant TTS general written authorisation to engage sub-processors in connection with the provision of the Services, subject to this clause 15.
15.2TTS’s current sub-processors include its hosting/infrastructure provider(s) and its systems administration contractor(s). TTS will maintain an up to date list of sub-processors and make it available to You on request.
15.3TTS will give You at least 30 days’ Notice of any intended addition to, or replacement of, a sub-processor, during which You may object on reasonable data protection grounds. Where You object, the parties will work together in good faith to address Your concerns; if no resolution is reached within a reasonable time, either party may terminate the affected Services on Notice.
15.4TTS remains fully liable to You for the acts and omissions of any sub-processor it engages as if they were TTS’s own acts and omissions.