1. Who we are and about these terms
These terms of service (these "Terms") govern your access to and use of Traction Demand (the "Service"), a web-based marketing advisor application provided by Traction Automotive Ltd ("we", "us", "our"), a private limited company registered in England and Wales (Companies House number: 16963413).
By subscribing to, accessing, or using the Service you agree to be bound by these Terms. If you do not agree, please do not subscribe to or use the Service.
Our registered address is available at Companies House. For support or general enquiries, contact us at help@traction-automotive.com.
2. The Service
The Service provides independent garage owners with access to a marketing advisor platform. This includes, but is not limited to:
- Marketing consultation and strategy tools
- Campaign and asset creation features
- Social media posting and scheduling via Facebook integration
- Email campaign management via Mailchimp integration
- Competitor monitoring tools
- Action planning and measurement features
We reserve the right to update, improve or modify features of the Service at any time. We will not remove core functionality without giving you at least 30 days' prior written notice.
Use of third-party integrations within the Service (including Facebook and Mailchimp) is subject to those providers' own terms of service and platform policies. We are not responsible for any changes to, or the unavailability of, any third-party service, and any such change or unavailability shall not constitute a breach of these Terms.
3. Your subscription
The Service is offered as a monthly rolling subscription at £120 (exclusive of VAT, if applicable) per month per garage location (the "Subscription Fee"). Your subscription covers a single garage location and a single user account.
Your subscription begins with a 30-day free trial (the "Trial Period"). No payment is taken during the Trial Period. At the end of the Trial Period your chosen payment method will be charged the Subscription Fee automatically unless you cancel beforehand.
There is no minimum term. You may cancel your subscription at any time by giving notice through your account settings. Cancellation takes effect at the end of the current billing period, and you will retain access to the Service until that date. No refunds or credits will be issued for any partial billing period remaining at the time of cancellation.
Discounts may be available for customers subscribing across multiple garage locations. Please contact us at info@traction-automotive.com for details. Any such discount will be confirmed in writing and will be subject to these Terms.
4. Pricing changes
We reserve the right to change the Subscription Fee. If we do, we will give you at least 30 days' prior notice before the new Subscription Fee takes effect. Notice will be given by email to the address associated with your account.
If you do not wish to continue at the new Subscription Fee, you may cancel your subscription before the change takes effect and you will not be charged the new amount. Your continued use of the Service after the new Subscription Fee takes effect shall constitute your acceptance of the revised pricing.
5. Payment and failed payments
Payments are processed securely by Stripe. We accept card payments and Bacs Direct Debit. By providing your payment details you authorise us to charge your chosen payment method on a recurring monthly basis following your Trial Period.
If a payment fails, we will retry the payment up to four times over a period of seven days. During this period your account will remain active. If payment is not successfully collected within seven days, your subscription will be cancelled and access to the Service will be suspended.
You can update your payment method at any time via your billing portal at billing.stripe.com.
6. Your account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at help@traction-automotive.com if you become aware of any unauthorised use of your account.
Your subscription covers a single garage location. Use of one subscription across multiple business locations is not permitted.
We reserve the right to suspend or terminate accounts that are found to be in breach of these Terms. Where reasonably practicable, we will give you prior written notice and a reasonable opportunity to remedy the breach before taking such action, save where we reasonably consider that immediate suspension or termination is necessary to protect the integrity of the Service or to comply with applicable law.
7. Intellectual property
All intellectual property rights in the Service (including its software, design, branding, and content, but excluding Your Content) are and shall remain owned by us or our licensors. Nothing in these Terms grants you any rights in the Service other than a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms for the duration of your subscription.
8. Data and privacy
Our collection and use of your personal data is governed by our Privacy Policy, which forms part of these Terms. By subscribing to the Service you agree to our Privacy Policy.
You retain ownership of all content and data you input into the Service ("Your Content"). You grant us a non-exclusive, royalty-free, worldwide licence to use, store, and process Your Content solely to the extent necessary to provide and improve the Service. We do not sell your data to third parties.
Upon termination or expiry of your subscription, we will retain Your Content for a period of 30 days, during which you may request its export. After that period, we may delete Your Content and shall have no further obligation to retain it.
9. Limitation of liability
To the fullest extent permitted by applicable law, Traction Automotive Ltd shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business, loss of data, or loss of goodwill, arising out of or in connection with your use of or inability to use the Service, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you in connection with these Terms or the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total amount paid by you to us in the twelve months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.
10. Service availability
We aim to keep the Service available at all times but we do not guarantee uninterrupted or error-free access. Scheduled maintenance, third-party outages, or circumstances beyond our reasonable control may occasionally affect availability.
We will make reasonable efforts to notify you of planned maintenance in advance. We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay results from circumstances beyond our reasonable control, including (without limitation) acts of God, telecommunications failures, power outages, and failures of third-party services.
11. Changes to these Terms
We may update these Terms from time to time. When we do, we will update the effective date at the top of this page and, where the changes are material, notify you by email to the address associated with your account at least 14 days before the changes take effect.
If you do not agree with any material change, you may terminate your subscription by giving notice before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
12. Severability
If any provision of these Terms is found by a court or other competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision under this clause shall not affect the validity and enforceability of the remaining provisions of these Terms.
13. Entire agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Service and supersede all prior agreements, representations, and understandings (whether written or oral) relating to such subject matter.
14. Waiver
No failure or delay by us in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy. A waiver of any right or remedy on one occasion shall not be deemed a waiver of that right or remedy on any subsequent occasion.
15. Governing law and dispute resolution
These Terms are governed by the laws of England and Wales.
In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the matter through good faith negotiation. If the dispute is not resolved within 30 days of written notice of the dispute being given by one party to the other, either party may refer the matter to the exclusive jurisdiction of the courts of England and Wales.
16. Contact
If you have any questions about these Terms, please contact us at help@traction-automotive.com.