These Platform Terms and Conditions of Use (“Terms of Use”) are entered into between Tractian Technologies Inc., a corporation incorporated and existing under the laws of the State of Georgia, USA, with its principal place of business at 201 17th Street NW, 2nd Floor, Atlanta, GA, 30363, USA ("Tractian"), and the individual who, as a User, accepts these Terms through electronic acceptance at the time of registration and access to the Platform.
By registering for and using the Platform, the User confirms that they have read, understood, and accepted these Terms of Use in full and agrees to comply with them throughout their use of the Platform, always acting on behalf of and for the benefit of the company to which the User is affiliated (the “Company”).
The use of the Platform is subject to the existence of a valid agreement between Tractian and the applicable Company, including, as applicable, a Master Services and License Agreement (“MSA”), together with the corresponding commercial proposal.
These Terms of Use are operational in nature and are intended solely to govern the use of the Platform. They do not replace or modify the commercial or contractual terms agreed upon between Tractian and the Company. In the event of any conflict or inconsistency between these Terms or the MSA the latter shall prevail with Tractian’s additional policies applying on a supplemental basis.
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1. Registering on the Platform
1.1. “Platform” means the digital environment made available by Tractian for maintenance management, overall equipment effectiveness control, and asset monitoring, accessible through the website or mobile application, which consolidates tools, features, systems, and content used for the provision of Tractian’s services. The Platform includes, in an integrated manner, its user interface, database, source code, technological infrastructure, administrative dashboards, and all other components necessary for its operation.
1.2. “Company” means the legal entity that contracts the products and services offered by Tractian, and which authorizes the User to access and use the Platform in connection with their professional activities.
1.3. “User” means the individual, aged 18 or older, who is necessarily an employee and/or a hired third party of the Company, and who is granted a time-limited license to use the Platform as established in the Agreement.
1.4. “AI Tool” means the set of artificial intelligence–based resources integrated into the Platform, designed to analyze operational and sensor data such as vibration, temperature, and other monitored asset parameters. The AI Tool is also capable of interpreting documents and voice messages, auto-filling information, generating reports, checklists, and recommendations based on processed data. These resources use machine-learning models to identify patterns, predict failures, and support maintenance decisions, without replacing the User’s analysis or technical responsibility.
1.5. “Personal Data” means any information relating to an identified or identifiable natural person, provided by the Users on the Platform, including but not limited to name, email, phone number, company, job title, and identification document, in accordance with Data Protection Laws.
1.6. “Confidential Data” means technical, industrial, commercial, strategic, operational, or financial information, including asset data, machinery parameters, production process characteristics, operational patterns, incidents, failures, and any content entered into the Platform that is confidential, proprietary, or sensitive to the Company.
1.7. “Anonymized Data” means data processed in such a manner that it does not allow the direct or indirect identification of any natural person or legal entity, used exclusively for statistical, comparative, or AI model-improvement purposes, with no possibility of re-identification.
1.8. “Assets” means machines, equipment, production lines, and any other goods or structures monitored or registered on the Platform.
1.9. “Content” means any data, information, document, file, text, image, audio, video, voice message, report, technical parameter, operational record, manual, note, work order, asset information, maintenance data, comments, inputs, or other materials of any nature inserted, submitted, made available, or uploaded by the User to the Platform, regardless of format or technology used. Content may include Personal Data, Confidential Data, corporate information and technical information related to monitored Assets.
1.10. “Data Protection Laws” means the laws governing the Processing of Personal Data with the purpose of protecting individuals’ privacy and rights, including but not limited to the European Union General Data Protection Regulation (GDPR), the Brazilian General Data Protection Law (LGPD), the California Consumer Privacy Act (CCPA), and the Mexican Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP).
1.11. “Processing of Personal Data” means any operation performed on Personal Data, such as collection, production, receipt, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, deletion, evaluation, control, modification, communication, transfer, dissemination, or extraction.
2. Registering on the Platform
2.1. Acceptance of the Terms. By registering on the Platform, the User declares that they have read, understood, and fully accepted the terms and conditions set forth herein and agrees to comply with them throughout their use of the Platform and its functionalities.
2.2. Accuracy of Information. The User must provide true and accurate information when submitting their Personal Data on the Plataform.
2.2.1. The User is solely responsible for providing, updating, and ensuring the accuracy of their registration data. Tractian shall not be liable, under any circumstances, for civil or criminal consequences arising from false, incorrect, or incomplete data provided by the Users.
2.3. User Identification. Tractian reserves the right to use all lawful and reasonable means to identify its Users, as well as to request additional data or documentation that it deems relevant for proper Platform usability.
2.4. Safeguarding Credentials. The User is fully responsible for safeguarding, maintaining the confidentiality of, and using their access credentials to the Platform, including login and password, and undertakes not to share them with third parties under any circumstances.
2.4.1. Tractian shall not be held liable for unauthorized access, losses, or damages resulting from the misuse of access credentials by the User or by third parties, even if authorized by the User.
2.5. Account Security Comunication. The User undertakes to immediately notify Tractian and the Company, through the contact channels provided on the Platform or through [email protected], of any unauthorized use of their account. The User shall be solely responsible for all operations performed through their account, as access is only possible through credentials exclusively known to them.
2.6. Non-Transferability of Accounts. Under no circumstances is the assignment, sale, leasing, or any other form of transfer of the account permitted. Additionally, duplicate registrations or registrations created by individuals whose original accounts were cancelled due to breach of contractual obligations shall not be allowed.
3. Use of the Platform
3.1. Plataform Purpose. The Platform has been developed as a digital tool intended for technical, operational, and corporate use, within the scope of the activities carried out by the Company through its authorized Users. It consists of an integrated digital environment that brings together functionalities, systems, databases, interfaces, analytical tools, and technological resources designed to support the Company’s activities, and does not constitute the provision or direct execution of technical or operational services.
3.2. Contracted Scope. The Platform’s functionalities may be enabled in accordance with the scope effectively contracted by the Company, as set forth in the applicable MSA.
3.2.1. The solutions made available by Tractian may include products and functionalities related to:
(i) Condition Monitoring, including, among other features, sensors and vibration analysis, failure detection supported by artificial intelligence, reliability and root cause analysis, downtime prevention, and technical reporting (“Monitoring”);
(ii) Tractian CMMS, including tools for work order management, preventive maintenance, intelligent checklists and operating procedures, inventory and spare parts management, as well as integrations with third-party systems and platforms (“CMMS”); and
(iii) Tractian OEE, including solutions focused on production tracking, operator performance, digitalized quality processes, customizable dashboards, and utilities and process analysis, including functionalities supported by artificial intelligence (“OEE”).
3.3. Integrations with Systems. The Company and the User acknowledge that the Platform may, if contracted, be integrated with third-party systems, software, devices, sensors, or databases. Such integrations are limited to the exchange of information and do not imply any control, responsibility, or warranty by Tractian with respect to external environments, systems, or services.
3.4. Platform Updates. Tractian may, at its sole discretion, update, modify, improve, or discontinue Platform functionalities, in whole or in part, including through the introduction of new modules, features, or technologies, subject to the applicable contractual terms.
4. AI Tool
4.1. Purpose of the AI Tool. The Platform provides the User with an AI Tool designed to support the analysis, processing, and automated generation of information based on data provided or captured during the use of the system, whether within the CMMS module, the OEE module, or the Monitoring module.
4.1.2. The tool operates within the parameters defined by the Company and is intended to support operational processes, improve diagnostics, and facilitate decision-making, without replacing the User’s human or technical judgment.
4.1.3. Any artificial intelligence functionality considered “generative”, that is, capable of generating guidance or reports based on its data sources, may be disabled from the Platform at the Company’s sole discretion, with minor effects to the remaining functionalities of the AI.
4.2. AI Tool within the CMMS module
4.2.1. While using the Platform’s CMMS module, the User acknowledges that the AI Tool may:
a) Read, interpret, translate, summarize, and analyze documents, work orders, or reports uploaded by the User to the Platform;
b) Process, interpret, and transcribe voice messages submitted by Users;
c) Automatically complete fields and structured information based on documents and voice messages;
d) Generate checklists, reports, or suggested actions derived from the processed information in order to support the tracking and execution of activities;
e) Generate guidance and recommendations based on a database and content library integrated into the Platform.
4.3. AI Tool within the OEE and Monitoring modules
4.3.1. In cases where the Platform is integrated with sensors, devices, or other physical assets, the AI Tool may:
a) Analyze collected data such as vibration, temperature, and other performance variables;
b) Identify patterns, anomalies, or potential equipment failures;
c) Generate graphical reports and automated alerts regarding asset behavior or failure risk.
4.4. Databases and Library
4.4.1. Use of Public Databases. The AI Tool may access and use public databases, including equipment manuals made available by the manufacturers of the Assets, for the purpose of generating guidance, references, or suggestions related to the use and maintenance of machinery.
4.4.2. Nature of the Content. The Company and the User acknowledge that such information is for informational purposes only and may contain limitations, outdated content, or automated interpretations. It is the sole responsibility of the User and the Company to verify the accuracy of such information before applying it.
4.4.3. Use of Aggregated and Anonymized Data. To improve the accuracy and performance of the AI Tool, technical data generated during use of the solution may be utilized in aggregated and anonymized form only, without identifying clients, users, or assets, in order to enhance the efficiency of analyses and failure detection. However, the Company may request, at any time, to opt out of this use. Upon receipt of an opt-out request, Tractian will not use, or will cease using, any type of the Company’s data for such model-training or improvement purposes.
4.4.4. AI Opt-Out. The Company acknowledges that exercising the opt-out option may result in reduced accuracy, limited performance, or the unavailability of certain AI-based functionalities of the Platform.
5. Tractian Monitoring Alerts
5.1. SMS Communications. As part of the Platform functionalities, Tractian may provide an optional SMS messaging program that enables Users to receive operational and informational messages directly on their mobile devices. Such messages may include, without limitation, critical machine health alerts, maintenance notifications, system status updates, production and monitoring alerts, and other platform-related notifications generated based on the configurations defined within the Platform.
5.1.1. The SMS program is intended solely to support the User’s interaction with the Platform and does not include marketing or promotional communications.
5.2. Program Name. The SMS messaging program operates under the name “Tractian Monitoring Alerts”.
5.3. Message Interaction. Depending on the functionalities enabled and the User’s permissions, the Platform may allow two-way SMS interactions, including the ability for Users to receive alerts and notifications generated by the Platform and reply via SMS to submit limited text-based updates, acknowledgements, or inputs, which may be reflected in the Platform, subject to its technical capabilities and applicable permissions. SMS interactions do not replace access to the Platform and are limited to the functionalities expressly supported via text messaging.
5.4. Frequency. Message frequency may vary depending on Platform usage, system events, alert configurations, and conditions defined by the Company and the User within the Platform.
5.5. Customer Support. For assistance with the SMS program, Users may reply HELP to any message or contact Tractian customer support through [email protected] or through channels available within the Platform.
5.6. SMS Opt-Out. Users may opt out of the SMS messaging program at any time by replying STOP to any message. Upon opting out, the User will no longer receive SMS communications related to the Platform, except where required for legal or security purposes.
5.7. Consent, Eligibility, and Fees. By enrolling in the SMS messaging program, the User represents that they are authorized by the Company to receive such messages and consents to receive SMS communications related to the Platform, in accordance with these Terms, the applicable contract, and Tractian’s Privacy Policy. Message and data rates may apply, and message delivery is subject to the User’s mobile carrier network availability and applicable carrier policies.
6. User Obligations and Responsabilities
6.1. By using the Platform, the User agrees to:
a) Input true, complete, and up-to-date data and information into the Platform;
b) Comply with the guidelines, technical procedures, and protocols defined by the Company for carrying out maintenance activities, and not replace or disregard human or corporate technical instructions based on automated recommendations generated by the Platform or AI Tool;
c) Use the Platform exclusively for technical and operational purposes related to their role within the Company;
d) Not access, modify, copy, decompile, interfere with, or attempt to reverse engineer the Platform’s source code, systems, or AI algorithms;
e) Not use the Platform for purposes other than those described herein or those provided for in the MSA between the Company and Tractian;
f) Not use the Platform for any commercial, illegal, harmful, unethical purpose or in any way that violates third-party rights;
g) Not create a product or service that is similar to or competes with the Platform;
h) Not share their access credentials or permit unauthorized access to the Platform, under penalty of account suspension or termination.
6.2. Data Quality. The User and the Company acknowledge that the proper functioning of the Platform depends directly on how it is used and are fully and exclusively responsible for the quality, accuracy, and updating of the data inserted into the Platform.
6.3. Decisions and Actions. Any decision, analysis, action, or omission arising from information provided by the Platform shall be the sole responsibility of the User and the Company, including the adoption of maintenance, inspection, repair, or asset replacement measures.
6.3.1. It shall be the sole responsibility of the User and/or the Company to assess the analyses and reports produced by the Platform, interpret their results in light of the specific characteristics of their industrial environment, and apply, under their own technical judgment and risk, the measures they deem appropriate.
6.4. Uploaded Content. The User declares and acknowledges that all Content uploaded to the Platform is their sole responsibility. The User warrants that they hold all necessary authorizations, licenses, rights, and legal authority to make such Content available on the Platform and assumes full responsibility for any violation of intellectual property rights, trade secrets, confidentiality, privacy, personal data protection, contractual obligations with third parties, or any other applicable rules.
6.5. Prohibited Content. The User agrees not to upload any Content that is illegal, offensive, discriminatory, confidential to third parties, false, incomplete, harmful, or that may compromise the security, integrity, or functioning of the Platform. It is strictly prohibited to upload documents containing third-party personal data or sensitive information without a valid legal basis or without the Company’s proper authorization.
6.6. Content Removal. Tractian may, at its sole discretion and without any obligation of prior monitoring, remove, restrict, block, or suspend Content that violates these Terms, legal requirements, or applicable policies, without prejudice to any administrative or judicial measures it may pursue. The Company and the User acknowledge that any consequences resulting from the improper submission of Content are their sole and exclusive responsibility, and they release Tractian from any direct, indirect, joint, or subsidiary liability.
7. Tractian’s Obligations and Responsabilities
7.1. Tractian, in its capacity as the developer of the Platform, undertakes to ensure:
a) the operation, security, and availability of the systems, as defined at https://trust.tractian.com;
b) the confidentiality, integrity, and protection of all data entered into the Platform, including commercial information (Confidential Data);
c) the confidentiality and protection of Personal Data entered into the Platform, such as name, email address, identification document, and voice data collected for transcription, translation, or automated analysis, in accordance with the Privacy Policy available at https://tractian.com/en/policies/privacy, which forms an integral part of these Terms of Use and governs the processing of such information in detail;
d) the availability of the Platform, in accordance with the Hosted Software SLA Policy available at https://tractian.com/en/service-level-agreement;
e) compliance with its obligations set forth in the MSA available at https://tractian.com/en/master-license.
8. Disclaimers of Liability
8.1. The User and the Company acknowledge and agree that the Platform does not perform any type of decision-making, or execution of human activities, and Tractian shall not be liable for:
a) defining corrective or preventive measures;
b) executing or prioritizing work orders;
c) completing technical or administrative reports;
d) preparing maintenance documentation;
e) the accuracy, quality, or updating of data inserted or collected;
f) the manner in which the reports, alerts, and information generated by the Platform are used;
g) maintenance-related decisions, actions, or omissions;
h) results arising from the User’s own actions or inactions; and
i) any other action dependent on human judgment or physical intervention in assets, machines, or systems.
8.2. Limitation of Liability. Tractian shall not be liable for failures, losses, or damages arising from incorrect interpretations, omissions, decisions, or actions taken based on information generated by the Platform. The User must use such information solely as technical support and not as a substitute for human judgment or professional expertise.
9. Intellectual Property
9.1. Owenership of Intellectual Property. For the purposes of these Terms of Use, all intellectual property rights related to the Platform, the AI Tool, algorithms, models, layouts, trademarks, patents, code, structures, databases, and any other components belong exclusively to Tractian. No license is granted other than what is strictly necessary for the use permitted under these Terms.
9.2. IP Limitations. The User and the Company acknowledge that:
a) no information generated by the Platform grants any ownership rights over models, outputs, or functionalities;
b) any suggestions, comments, or feedback submitted to Tractian may be used to improve the Platform, without giving rise to any compensation or claim of ownership or comercial rights;
c) Any form of reverse engineering, assistance to reverse engineering, copying, decompiling, disassembling, database extraction, or otherwise attempting to discover the source code or the underlying components of the Platform including, without limitation, its models, algorithms, systems, or architecture, as well as the creation of derivative works based on the Platform, is strictly prohibited. Any such conduct may subject the User and the Company to the liabilities and consequences set forth in Clause 12.3.
10. Personal Data Protection
10.1. Purposes. Tractian will Process Personal Data exclusively for purposes of registration, authentication, Platform operation, security, technical analysis, auditing, and other circumstances set forth in the Privacy Policy and in the agreement executed with the Company.
10.2. Compliance with Data Protection Laws. The Processing of Personal Data will fully comply with applicable Data Protection Laws and related regulations, through the adoption of appropriate technical and administrative measures to protect Personal Data against unauthorized access, incidents, and data breaches.
10.3. The User and the Company acknowledge that:
a) they are jointly responsible for the accuracy and updating of the Personal Data submitted;
b) the transcription, summarization, translation, and interpretation of voice messages are part of the Personal Data Processing carried out by the AI Tool;
c) the use of the Platform involves automated Processing of Personal Data, limited to the purposes established herein;
d) additional details regarding the Processing of Personal Data may be found in Tractian’s Privacy Policy, available at https://tractian.com/en/policies/privacy.
11. Protection of Confidential Data
11.1. Confidentiality Obligations. Tractian undertakes to adopt appropriate technical and administrative measures to protect Confidential Data made available on the Platform, including, without limitation:
a) encryption at rest and in transit;
b) segregated access controls;
c) audit logs;
d) data loss prevention (DLP) mechanisms;
e) secure infrastructure certified in accordance with internationally recognized standards (including ISO 27001, SOC 2, among others).
11.2. Limitation on Use of Confidential Data. Tractian shall not use, access, or share Confidential Data for any purpose other than the operation of the Platform, except with the Company’s express authorization or as required by law.
11.3. Prohibiton on Use of Data for AI Training. Tractian is prohibited from using data related to the Company’s Assets, Equipment, or Industrial Processes to train, fine-tune, or otherwise improve artificial intelligence models, unless such data has been irreversibly anonymized.
11.4. Security Incident Reporting. Any breach of confidentiality, attempted attack, exploitation of vulnerabilities, or unauthorized access must be immediately reported to Tractian through email [email protected].
12. Penalties and Misuse of The Platform
12.1. Misuse. The User and the Company acknowledge that the use of the Platform must strictly comply with these Terms, the agreement executed between the Company and Tractian, and all applicable technical and security policies. Any breach of the obligations set forth herein, use inconsistent with the authorized purposes, or violation of the Platform’s operational rules shall be deemed misuse.
12.2. Measures and Penalties. In the event of misuse, Tractian may, at its sole discretion and whenever necessary to protect the Platform: suspend or block the User’s access; restrict functionalities; remove Content that violates these Terms; or request clarifications and corrective measures from the Company. Suspension may occur without prior notice whenever there is a risk to the Platform’s security, integrity, confidentiality, or performance.
12.3. Liability. The Company shall be fully liable for all direct damages arising from misuse committed by its Users, including costs, losses, security incidents, confidentiality breaches, or operational impacts caused to Tractian or third parties. Tractian may seek reimbursement, compensation, or exercise rights of recourse through administrative or judicial means, as applicable.
13. Governing Law
13.1. Applicable Law and Jurisdiction. The interpretation, validity, and enforcement of these Terms, as well as any contractual or non-contractual obligations arising from or related to them, shall be governed by and construed in accordance with the laws of the State of Georgia. The courts are hereby chosen as the exclusive jurisdiction, and all parties expressly waive any other venue, no matter how privileged, to resolve any disputes arising from these Terms.
Version 1.0 - Last update: January 14, 2026