Terms of service
The terms that apply when your organisation uses the Misamtek monitoring engine, whether directly or through an equipment OEM white-label deployment.
Scope
These terms cover use of the Misamtek monitoring engine and the associated marketing site, product portals, alerting endpoints, edge gateways and APIs. They apply to any customer who accesses the service, including individual users acting on behalf of an organisation.
Nature of the service
The service reads sensor data from equipment connected by the customer, learns per-machine envelopes, flags drift and generates diagnostic suggestions and recommended maintenance windows. Recommendations are advisory. They inform decisions taken by the customer's own maintenance, reliability and operations staff, who remain accountable for those decisions.
Customer responsibilities
The customer is responsible for the accuracy and integrity of the sensor connections it establishes, for the physical safety of the equipment being monitored, and for the actions taken in response to alerts and recommendations. The customer must not connect equipment or data that it does not have the right to monitor, and must not use the service to monitor individuals.
Availability
The service is provided on a continuous availability basis appropriate for industrial monitoring. Planned maintenance windows will be communicated in advance where possible. The service may occasionally be unavailable for reasons outside our reasonable control, including underlying infrastructure incidents. During any unavailability, the customer's local plant safety systems and hard-limit alarms remain the primary line of defense.
Accuracy and warranty of diagnostics
Diagnostic suggestions and predicted maintenance windows are generated by statistical and machine-learning methods and are expressed with a stated confidence tier. They are not a substitute for direct physical inspection by qualified personnel. The customer acknowledges that the service is a monitoring aid and does not warrant any specific failure prediction outcome, remaining life estimate or root-cause diagnosis.
Data ownership
Sensor readings and equipment data connected by the customer remain the customer's data. The service obtains a limited license to process this data to operate the monitoring engine on the customer's behalf, and to derive extracted features and anomaly signatures for the fleet-level pattern learning described in the privacy policy. That fleet-level learning does not expose raw customer readings to any other customer.
Fees and billing
Paid plans are billed based on the number of connected sensors and the plan tier in effect. Fees are non-refundable except where required by applicable law. Where the service is provided through an equipment OEM white-label deployment, billing is administered by that OEM.
Acceptable use
The service may only be used for lawful industrial monitoring purposes. The customer must not attempt to interfere with the service, to probe or scan the infrastructure for vulnerabilities without prior authorisation, or to use the service to monitor individuals. Findings from any authorised security research must be responsibly disclosed.
Confidentiality
Each party will treat non-public information disclosed by the other as confidential and use it only for purposes of the service. Sensor readings and account data are treated as customer confidential information for as long as they are retained by the service.
Termination
Either party may terminate a paid plan in accordance with the plan's billing cycle. On termination, the customer may request an export of its data. After a reasonable wind-down period the customer's data is deleted. Trial accounts may be terminated at any time.
Limitation of liability
To the maximum extent permitted by law, liability arising out of use of the service is limited to fees paid for the service in the twelve months preceding the event giving rise to the claim. Neither party is liable for indirect or consequential losses, including lost production, lost revenue or lost profit.
Governing law and dispute resolution
These terms are governed by the law of the customer's contracting jurisdiction unless otherwise agreed in writing. Disputes not resolved through good-faith discussion will be resolved through the courts of that jurisdiction.
Changes
Material changes to these terms are communicated to customers on paid plans in advance of taking effect. Continued use of the service after the effective date of a material change constitutes acceptance of the revised terms.
Contact
Please write to us through the contact page for any question or concern relating to these terms.