Cauldon Locks, Shelton New Road, Staffordshire, ST4 7AB
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Terms

SAAS Terms and Conditions

True Track Software Limited

Pyramid Software as a Service (SaaS) Terms and Conditions

1. Terms and Conditions

1.1 These 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

2.1 Pyramid and all other material, information and services made available to you under this Agreement are part of our computer system (the “System”).

2.2 The System comprises hardware, software, and communications facilities which are continually amended and updated by both us and third party suppliers (the “System Suppliers”).

2.3 You accept that the System will be amended and updated at TTS’s discretion.

2.4 You 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.

2.5 TTS agrees to use all reasonable endeavours to ensure that the System will (subject to other terms of this Agreement) be available at all times.

2.6 You 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.

2.7 You 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

3.1 The Pyramid Modules specified on the Sales Order will be provided to You from the date of installation.

3.2 You 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

4.1 For 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.

4.2 Pyramid 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.

4.3 You 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

5.1 Except 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.

5.2 TTS reserves the right to suspend and/or cancel Your account where payment is not made on the 1st of each month.

5.3 If 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.

5.4 TTS will not provide refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

5.5 Payment can be made by credit or debit card on the administration page within Pyramid or by standing order set-up from Your bank account.

5.6 TTS reserve the right to change the pricing plans. New users should contact our sales team for an up to date quote. Existing clients will be notified 1 month in advance of any changes to the amounts payable under clause 5.1.

5.7 If You wish to cancel Your Pyramid Subscription You will give TTS not less than 30 days Notice of the date on which Your subscription will end.

6. Cancellation, Termination and use of Your Data

6.1 Where 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.

6.2 Where Your account has been cancelled, TTS will archive Your data in a secure backup facility for 6 months.

6.3 Within 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.

6.4 Following cancellation of Your Pyramid Subscription, if You comply with clause 6.2, 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.

6.5 An 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.

6.6 TTS has no obligation to monitor and access Your account activity.

6.7 TTS may monitor Your account activity for any reason, including but not limited to:

6.7.1 if (for any reason) TTS believes there is questionable material in use through Your account, or

6.7.2 to provide You with customer support.

6.8 TTS 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.

7. Warranty

7.1 Your use of the service is at Your sole risk.

7.2 The Pyramid Service is provided on an “as is” and “as available” basis.

7.3 TTS does not warrant that:

7.3.1 the service will meet your specific requirements;

7.3.2 the service will be uninterrupted, timely, secure, or error-free;

7.3.3 the results that may be obtained by You from the service will be accurate or reliable.

7.4 You 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:

7.4.1 Your use or inability to use the service;

7.4.2 the 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;

7.4.3 unauthorised access to or alteration of Your transmissions of data;

7.4.4 statements or conduct of any third party on or involved in providing the service;

7.4.5 any other matter relating to Your use of Pyramid.

8. Re-connection

8.1 Where Your Pyramid account has previously been cancelled, re-opening a Pyramid account will be subject to payment of a Re-connection Fee.

8.2 TTS may refuse to re-connect You to Pyramid and the associated services if, for any reason, You are disconnected.

9. Bulk Email Service

9.1 You will not send illegal, abusive or offensive e-mails and/or Spam through Pyramid.

9.2 Where You breach clause 9.1, TTS may cease to provide further services to You with immediate effect.

10. Source Code and Data Ownership

10.1 TTS 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.

10.2 TTS 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.

11. Data Loss & Backups

11.1 TTS 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.

11.2 All production servers are hosted within the UK at Telehouse South, part of Telehouse’s London Docklands campus. The facility operates N+1 redundancy generators, a 2N UPS configuration and N+1 redundancy cooling, and is secured 24/7 by trained security staff, electronic access control and CCTV. The Docklands campus holds ISO/IEC 27001 (Information Security Management), ISO 22301 (Business Continuity Management) and PCI-DSS accreditations, among others. Further details on the data centre facilities and security standards are available at https://www.telehouse.net/data-centre-services/uk/london/.

11.3 The infrastructure is maintained and supported 24/7, 365 days a year, by TTS’s system administrators and contractors, whose processes are informed by the security standards referred to in clause 11.2.

11.4 TTS operates both daily and weekly backups of its source code and production databases to ensure business continuity and data integrity. Please see our Data Security Page for more information on where Your data is stored and how We are protecting it.

12. Confidentiality and Privacy Policy

12.1 TTS 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.

12.2 Each 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

13.1 Where 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”).

13.2 Both parties will comply with UK GDPR.

13.3 To the extent that TTS is a Data Processor in respect of any Personal Data Processed by it under this Agreement, TTS agrees:

13.3.1 only 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;

13.3.2 to notify You if TTS considers that Your instructions are in breach of UK GDPR or other applicable data protection laws;

13.3.3 to ensure that persons authorised to process data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

13.3.4 to take all measures required pursuant to Article 32 of UK GDPR;

13.3.5 to respect the conditions referred to in paragraphs 2 and 4 of Article 28 of UK GDPR for engaging another processor;

13.3.6 taking 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;

13.3.7 to 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;

13.3.8 at 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

13.3.9 make 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

13.3.10 provide 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

13.3.11 notify 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

14.1 TTS operates a support desk by telephone and email, Monday to Friday, 8:30am to 5:30pm (excluding UK public holidays) (“Support Hours”).

14.2 During 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.

14.3 Outside Support Hours, emergency support is available by email only, for issues that materially prevent You from accessing or using Pyramid (“Emergency Issues”). TTS will use reasonable endeavours to respond to Emergency Issues as soon as reasonably practicable.

14.4 The response 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

15.1 You grant TTS general written authorisation to engage sub-processors in connection with the provision of the Services, subject to this clause 15.

15.2 TTS’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.

15.3 TTS 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.

15.4 TTS 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.