CMMS Price Match Program Terms and Conditions

Eligibility is limited to Qualifying Proposals issued by a Covered Provider, each as defined below. In addition, both you (the applicant) and the Covered Provider must be United States persons or entities to be eligible for the Price Match Program. No other offers, documents, or circumstances shall qualify. Tractian reserves the right, in its sole and absolute discretion, to determine whether any submission satisfies the requirements of a Qualifying Proposal and whether the submitting party otherwise meets all eligibility criteria.

• Covered Provider: means the following third-party CMMS vendors, and no others: Fiix, MaintainX, eMaint, Limble, UpKeep and Fracttal. A proposal or quote issued by an affiliate, reseller, distributor, value-added reseller, or other indirect channel of any such vendor does not qualify as a Covered Provider proposal. Tractian may amend, supplement, or replace the list of Covered Providers at any time without notice, with immediate effect for all then-pending and future Price Match Program applications.
• Qualifying Proposal: means a bona fide, written proposal or quote that (i) is issued directly by a Covered Provider on the Covered Provider’s official letterhead and signed by a duly authorized representative of the Covered Provider or on the Covered Provider’s official e-mail from a duly authorized representative of the Covered Provider; (ii) is dated within the last thirty (30) calendar days; (iii) is addressed to the same customer/legal entity that is applying to Tractian under the Price Match Program; (iv) expressly identifies the CMMS plan or tier, the subscription term, the total contract price, all material features and functionality included, and the exact number of users or seats covered; (v) offers functionality, service levels, support obligations, implementation scope, hosting model, data-storage limits, integrations, and any modules or add-ons that are, in Tractian’s reasonable judgment, substantially equivalent or greater to those contained in the Tractian plan for which you are applying; (vi) is stated in the same currency in which Tractian would invoice you; (vii) excludes promotional, bundled, limited-time, grandfathered, beta, or custom pricing, as well as any volume, loyalty, or early-payment discounts; (viii) remains fully valid and capable of immediate acceptance by you at the time you submit it to Tractian; and (ix) has not been disclosed on a confidential basis in violation of any contractual or legal restriction.
• Tractian may reject any submission that, in Tractian’s judgment, has been altered, is incomplete, or was obtained or disclosed unlawfully.

If you submit a Qualifying Proposal and meet all requirements, as determined by Tractian in its sole discretion, Tractian will match (a) the number of users/seats and (b) the subscription term specified in the Qualifying Proposal, at a price not to exceed the annual subscription fee quoted by the Covered Provider (the 'Price Match Program'). Tractian may, at its sole discretion, also offer an additional discount of up to fifteen percent (15%) off the matched price.

• Example: If you provide Tractian with a formal quote from a Covered Provider offering a similar CMMS subscription for $18,000 per year for three years covering 50 users, and you meet all Price Match Program eligibility and participation requirements as set forth in these Terms, Tractian will offer you the same term and number of users at $18,000 per year. If Tractian applies the maximum discretionary discount, your price could be as low as $15,300 per year.

The Price Match Program: (i) applies only to standard, non-promotional, generally available subscription pricing from a Covered Provider, quoted in a Qualifying Proposal dated within the last thirty (30) days; (ii) does not apply to promotional, bundled, limited-time, introductory, beta, pilot, proof-of-concept, free-trial, custom, or non-standard pricing, or to per-incident, per-module, transactional, revenue-share, or usage-based pricing; (iii) is limited to one (1) submission per rolling twelve-month period; (iv) cannot be combined with any other Tractian discount, promotion, or incentive; (v) is void where prohibited by law; (vi) is non-transferable, non-assignable, and has no cash value; (vii) is subject to stock, capacity, regional, regulatory, technical, and export-control limitations. Tractian may end, suspend, or change the Program or these Terms at any time, with or without notice, and will not be liable for any consequences of such changes. The Program will remain in effect until the earliest of: (a) March 8, 2026; or (b) until Tractian posts an updated version of these Terms on its website (the 'Program Termination Date'). Tractian is not required to provide notice of termination to any prospective customer. No submissions received after the Program Termination Date will be honored.

You acknowledge and agree that Tractian may investigate and verify the authenticity, accuracy, and completeness of any Qualifying Proposal or other materials you submit, may request or require whatever supplemental information or documentation it deems necessary, and may contact the Covered Provider directly for confirmation. Tractian’s determinations as to eligibility, equivalency, compliance, and any applicable discount are final, non-appealable, and made in Tractian’s sole and absolute discretion. Tractian may reject any Price Match Program submission that, in Tractian’s judgment, is incomplete and/or was or may have been altered or obtained or disclosed unlawfully. Tractian shall have no liability arising from its verification activities, including without limitation with respect to any delays in Price Match Program eligibility determinations in connection therewith.

By applying for or participating in the Program, you represent, warrant, covenant, and agree that: (i) you possess all rights, title, licenses, permissions, and authority necessary to disclose and submit the Qualifying Proposal and any other documents or information you provide to Tractian; (ii) your submission does not breach any confidentiality obligation, nondisclosure agreement, export-control law, or other legal restriction to which you or the Covered Provider is subject; (iii) you hereby grant to Tractian an irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to copy, display, distribute, disseminate, create derivative works from, and otherwise use the Qualifying Proposal and any other materials you submit for any lawful purpose, including but not limited to verification, marketing, training, product development, and competitive analysis, without notice, attribution, or compensation to you or any third party; and (iv) you will, at your sole cost and expense, indemnify, defend, and hold harmless Tractian, its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, actions, suits, proceedings, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your participation in, or attempted participation in, the Program, (b) any breach or alleged breach of these Terms, or (c) Tractian’s possession or use of the Qualifying Proposal or other materials you provide to Tractian.

To the fullest extent permitted by applicable law, you hereby knowingly, voluntarily, and irrevocably waive and release any and all claims, demands, causes of action, damages, costs, and liabilities of any kind (whether known or unknown, suspected or unsuspected) that you may now or hereafter have against Tractian arising out of, relating to, or in connection with your application to, or participation in, the Program, including Tractian’s verification activities, its acceptance or rejection of any submission, its pricing determinations, or its modification, suspension, or termination of the Program. You acknowledge that you have had an opportunity to consult with legal counsel of your own choosing before agreeing to this waiver.

In no event shall Tractian be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages (including lost profits, lost revenue, lost data, business interruption, or procurement of substitute goods or services), whether based on contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages, and even if any limited remedy herein fails of its essential purpose. Tractian’s aggregate liability for any and all claims arising out of or relating to the Program shall not exceed one hundred U.S. dollars (US $100). Some jurisdictions do not allow certain limitations of liability, so the foregoing limitation may not apply to you.

These Terms constitute the entire agreement between you and Tractian with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, proposals, discussions, or communications, whether written or oral. No amendment or waiver of any provision shall be effective unless in writing and signed by Tractian. Tractian’s failure to enforce any provision shall not constitute a waiver of that provision or of the right to enforce it later. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable, and the remaining provisions shall remain in full force and effect. These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, U.S.A., without regard to its conflict-of-laws principles. Any dispute arising out of or relating to the Program shall be resolved exclusively in the state or federal courts located in Atlanta, Fulton County, Georgia, and you hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection to venue or forum non conveniens. You may not assign or transfer these Terms, in whole or in part, without Tractian’s prior written consent. Tractian may freely assign its rights and obligations hereunder at any time. The provisions of Sections 5 through 8 shall survive any expiration or termination of the Program or these Terms for any reason. If you have any questions or inquiries about the Price Match Program please contact us at [email protected].