Terms of Service

Effective Date: 22 September 2018

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of the ATK Platform, including the Asset Hub, Operator App, Downtime Engine, Maintenance Automation, Sampling, Compliance, Reporting, and all related modules (“Services”). By accessing or using ATK, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

2. Definitions

“ATK” refers to ATK Pro (Pty) Ltd and ATK Pro Ltd, including subsidiaries and affiliates.
“User” means any individual or entity accessing the Services.
“Client Data” means all data uploaded, submitted, or generated through the Services.
“Operator” means any employee or contractor using the ATK Operator App.
“Account” means your registered ATK profile.
“Applicable Law” includes GDPR (EU), UK GDPR, POPIA (South Africa), CCPA‑style rights, and other global privacy and commercial regulations.

3. Eligibility

You must be at least 18 years old, authorized to act on behalf of your organization, and legally permitted to use the Services under Applicable Law.

4. Use of the Services

You agree to use ATK only for lawful, operational, and business‑related purposes. You must not:

  • attempt to access systems without authorization;
  • reverse‑engineer, decompile, or modify the platform;
  • upload malicious code, viruses, or harmful scripts;
  • use ATK to violate safety, compliance, or regulatory obligations;
  • interfere with platform performance or security.

ATK may suspend or terminate access for violations.

5. Accounts & Security

You are responsible for maintaining the confidentiality of your login credentials, ensuring operators use their own accounts, notifying ATK immediately of unauthorized access, and ensuring accurate and lawful data entry. ATK implements industry‑standard security controls, encryption, and access management.

6. Client Data Ownership

You retain full ownership of all Client Data. ATK does not claim ownership of asset records, operator logs, downtime events, sampling results, compliance records, or uploaded documents or media. ATK acts as a processor of Client Data under GDPR, UK GDPR, and POPIA.

7. Data Processing & Privacy Compliance

ATK processes Client Data in accordance with GDPR (EU), UK GDPR, POPIA (South Africa), CCPA‑style rights (California‑aligned language), and international privacy standards. ATK will:

  • process data only as instructed by the client;
  • maintain appropriate technical and organizational security measures;
  • support data subject rights (access, correction, deletion, portability);
  • notify clients of data breaches as required by law;
  • store and process data in secure, compliant environments.

ATK’s Privacy Policy forms part of these Terms.

8. Data Transfers

ATK may transfer data across regions for hosting, redundancy, support, and analytics. All transfers comply with GDPR Standard Contractual Clauses, UK International Data Transfer Agreements, POPIA cross‑border requirements, and industry best practices.

9. Service Availability

ATK aims for high availability but does not guarantee uninterrupted service. Maintenance windows, updates, and outages may occur. ATK is not liable for downtime caused by internet failures, third‑party providers, operator misuse, force majeure events, or client infrastructure issues.

10. Updates & Changes

ATK may update features, modules, security controls, UI/UX, pricing, and these Terms. Material changes will be communicated to clients. Continued use constitutes acceptance.

11. Intellectual Property

ATK retains all rights to software, modules, designs, trademarks, documentation, algorithms, workflows, and gamification systems. You may not copy, reproduce, or distribute ATK intellectual property.

12. Acceptable Use of Operator App

Operators must submit accurate inspections, log faults truthfully, follow safety and compliance procedures, avoid misuse of equipment, and avoid falsifying records. Gamification features (XP, levels, streaks) must not be exploited or manipulated.

13. Third‑Party Integrations

ATK may integrate with sampling labs, telematics systems, ERP platforms, and reporting tools. ATK is not responsible for third‑party failures or data inaccuracies.

14. Fees & Billing

Fees are billed according to your subscription plan. ATK may suspend access for non‑payment. All fees are non‑refundable, exclusive of taxes, and subject to change with notice.

15. Termination

ATK may terminate access for breach of Terms, unlawful activity, non‑payment, security risks, or misuse of the platform. Clients may terminate with written notice. Upon termination, Client Data remains accessible for export for 30 days; ATK may delete data after the retention period.

16. Disclaimers

ATK provides the Services “as is” and “as available.” ATK does not guarantee error‑free operation, uninterrupted uptime, specific reliability outcomes, compliance results, or operator behaviour.

17. Limitation of Liability

To the maximum extent permitted by law, ATK is not liable for indirect, incidental, or consequential damages. ATK’s total liability is limited to the amount paid in the previous 12 months. ATK is not liable for operator misuse, inaccurate data, or unsafe practices.

18. Indemnification

You agree to indemnify ATK against claims arising from misuse of the Services, violation of laws, operator negligence, inaccurate or unlawful data entry, or breach of these Terms.

19. Governing Law

For UK clients, these Terms are governed by the laws of England & Wales. For South African clients, they are governed by the laws of South Africa. For international clients, they are governed by applicable commercial law. Disputes will be resolved in the jurisdiction of the contracting entity.

20. Contact Information

For legal inquiries:

Email: legal@atkpro.com

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