Metproof

Terms of service

These terms govern the use of the Metproof service, provided by José Mendonça, sole trader, trading as Metproof, a StackCare product, tax number (NIF) PT207822166, Rua do Heroísmo, 84, 4300-254 Porto, Portugal (the Provider), to the entity that creates the account (the Customer). By creating the account the Customer accepts them, together with the privacy policy and the data processing agreement.

1. The service and who it is for

  1. Metproof tracks compliance with service level agreements (SLAs) from tickets the Customer imports or the Customer's helpdesk sends, and produces dashboards, reports and alerts.
  2. The service is offered only to businesses and professionals, for their trade or profession. It is not offered to consumers. By registering, the Customer declares that it acts in that capacity and has authority to bind the entity it represents.

2. Account and security

  1. The Customer provides true and current details and keeps its credentials secure. It is responsible for the activity of its users' accounts and for public report and TV screen links it shares.
  2. The Customer tells the Provider without delay of any unauthorised access it becomes aware of.

3. Trial

  1. Each new account has a free 30-day trial, with no card. During the trial the limits of the Team plan apply.
  2. When the trial ends without a subscription, the data stays viewable, but the Customer can no longer add new end clients until it subscribes to a plan.

4. Plans, prices and payment

  1. The plans, their limits and the prices in force are on the home page. Prices exclude VAT, which is added at the legal rate or, where it applies, subject to reverse charge.
  2. The subscription is monthly or yearly, paid in advance by card or SEPA direct debit through Stripe, and renews automatically for equal periods until cancelled.
  3. The Customer may cancel at any time in the billing portal; cancellation takes effect at the end of the period already paid. There is no pro-rata refund, except where the law requires it or the Provider decides otherwise.
  4. If a payment fails, Stripe retries it. If it stays unpaid, the Provider may suspend the service, keeping the data viewable for 30 days.
  5. The Provider may change prices with at least 30 days' notice by email; the change applies from the next renewal, and the Customer may cancel before.
  6. Promotional offers (for example early-adopter discounts) are limited in time and in number of accounts, and apply as stated when subscribing.
  7. The Provider issues a certified invoice for each payment.

5. Plan limits

Each plan has a maximum number of end clients. When it is reached, the Customer cannot add more until it changes plan. Receiving tickets and access to existing data and reports are not blocked for that reason.

6. Acceptable use

  1. The Customer uses the service in line with the law and these terms. In particular it may not: try to access other accounts' data; bypass limits or security measures; overload the service; resell or sublicense the service; use it for unlawful purposes.
  2. The Customer does not upload special categories of personal data (GDPR Article 9) or data on criminal convictions, including in ticket titles.
  3. The Customer warrants that it has the right to process the data it uploads and to entrust it to the Provider, and that it has informed the data subjects where the law requires.

7. The Customer's data and the reports

  1. The data the Customer uploads remains its own. The Customer grants the Provider the right to process it only to provide the service, under the data processing agreement.
  2. The service's calculations depend on the data uploaded and the rules the Customer sets (business hours, SLA policies, deadlines). The Customer is responsible for reviewing and approving each report before sending it to its own clients. Reports are not legal advice, and the Provider does not guarantee that source data is free of errors.
  3. The Customer can export its data in the account settings, and ask the Provider for a copy, as set out in the data processing agreement.

8. Intellectual property

The service, its code, design and marks belong to the Provider. The Customer receives a personal, non-exclusive, non-transferable right to use it while the subscription is active. The logo and colours the Customer uploads remain its own, and the Customer authorises the Provider to show them on the Customer's own reports and emails.

9. Availability and support

  1. The Provider makes reasonable efforts to keep the service available but does not guarantee uninterrupted availability or a specific service level. Maintenance and supplier failures may cause interruptions.
  2. Support is provided by email to hello@metproof.com, on working days, with no guaranteed response time unless a plan or written agreement provides one.
  3. The service evolves. The Provider may change or withdraw features, avoiding materially reducing what the Customer subscribed to without reasonable notice.

10. Limitation of liability

  1. The service is provided as is, to the extent the law allows.
  2. Except for wilful misconduct or gross negligence, and without limiting what the law does not allow to be limited, the Provider is not liable for lost profits, loss of business or clients, or indirect damages, and its total liability to the Customer for all events in any 12-month period does not exceed the amount the Customer paid in that period.
  3. The Provider is not liable for failures caused by incorrect data, by rules the Customer configured wrongly, by third-party services (including the Customer's helpdesk) or by events beyond its reasonable control.

11. Suspension and termination

  1. The Provider may suspend or close an account, with notice where possible, for a serious breach of these terms, persistent non-payment or a risk to the security of the service.
  2. On termination, section 11 of the data processing agreement applies: for 30 days the Customer can ask for a copy of its data, and afterwards the Provider deletes it. Billing records are kept for the period the law requires.

12. Data protection

The Provider processes ticket data as the Customer's processor under the data processing agreement, and account data as controller under the privacy policy.

13. Changes to these terms

The Provider may change these terms. It notifies the Customer by email at least 30 days ahead. If the Customer disagrees, it may cancel before the change takes effect; if it keeps using the service afterwards, it is deemed to have accepted.

14. General

  1. These terms, the data processing agreement and the privacy policy are the whole agreement between the parties about the service. If a clause is invalid, the others remain.
  2. Notices are given by email, to the Customer's account address and to hello@metproof.com.
  3. These terms are governed by Portuguese law. The court of the Porto district has jurisdiction over any dispute, to the exclusion of any other, without prejudice to mandatory jurisdiction rules.

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