1. Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you”, “your”, “User”) and Hillmorton Design & Development (“the Company”, “we”, “us”, “our”), the operator of FluxTrackOS (“the Platform”).
By accessing or using the FluxTrackOS web portal, mobile application, or API (collectively, “the Services”), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.
If you are using the Services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and “you” refers to that organisation.
2. Definitions
- “Tenant” — An organisation that has subscribed to use FluxTrackOS and has its own isolated data environment on the Platform.
- “Admin” — A user with full administrative privileges within a Tenant, including managing users, vehicles, and settings.
- “Driver” — A user who logs journeys and interacts with vehicles via the mobile application.
- “Journey” — A recorded trip logged by a Driver through the mobile application, including start/end locations, timestamps, and associated metadata.
- “Vehicle” — A motor vehicle registered on the Platform by a Tenant.
- “Support Key” — A unique, Tenant-specific code used to grant FluxTrackOS support staff temporary access to the Tenant’s data for the purpose of resolving a support request.
3. Eligibility
The Services are intended for use by businesses and their authorised employees. You must be at least 18 years of age to use the Services. By using the Platform, you represent that you meet this age requirement and are authorised by your organisation (if applicable) to use the Services.
4. Accounts & Access
4.1 Authentication
Access to the Platform is provided through Single Sign-On (SSO) using our own OpenID Connect (OIDC) implementation. The only supported identity providers are Microsoft 365 / Entra ID and Google Workspace. The Platform does not issue or store passwords, and you are responsible for maintaining the security of your identity provider credentials.
4.2 Tenant Administration
Tenant Admins are responsible for managing user access within their organisation, including assigning roles (admin, manager, operator, driver), inviting and removing users, and configuring tenant settings.
4.3 Account Security
You agree to immediately notify your Tenant Admin and our support team if you suspect any unauthorised access to your account. We are not liable for losses arising from unauthorised use of your credentials where you have failed to maintain adequate security.
4.4 Support Key & Staff Access
Each Tenant is assigned a unique Support Key, visible to Admins and Managers in the web portal under Settings → Support. The Support Key enables the following:
- Tenant-initiated access: FluxTrackOS support staff can only access your Tenant’s data when you voluntarily provide your Support Key. We will never access Tenant data without a valid Support Key.
- Time-limited sessions: Each verified Support Key grants a single staff member read access for a maximum of 8 hours, after which access automatically expires.
- Revocation: You may revoke all active support access at any time by regenerating your Support Key in Settings → Support. This immediately invalidates the previous key and any access grants associated with it.
- Audit trail: All Support Key verifications, failed attempts, and regeneration events are recorded in the platform audit log with staff identity, timestamp, and IP address.
- Scope of access: When granted access, support staff may view your organisation details, users, vehicles, journeys, settings, and audit logs solely for the purpose of resolving your support request.
Tenant Admins are responsible for safeguarding their Support Key and should only share it with FluxTrackOS personnel they have contacted directly. FluxTrackOS will never proactively request your Support Key via email or any unsolicited communication.
5. Permitted Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:
- Use the Platform for any purpose other than legitimate fleet management operations.
- Attempt to access data belonging to other Tenants or circumvent the Platform’s data isolation mechanisms.
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
- Introduce malicious code, viruses, or any harmful material to the Platform.
- Use automated scripts, bots, or scrapers to access or extract data from the Services beyond normal API usage.
- Exceed published API rate limits or deliberately attempt to overload the Platform.
- Use location tracking features to monitor individuals without their knowledge and consent.
- Sublicense, resell, or redistribute access to the Services without our prior written consent.
- Upload illegal, defamatory, or otherwise objectionable content (including journey photos and notes).
6. Mobile Application
6.1 Device Permissions
The FluxTrackOS mobile application requires certain device permissions to function, including access to location services, the camera (for journey photographs), and NFC (for vehicle tag scanning). You may revoke these permissions at any time through your device settings, though this may limit the functionality of the application.
6.2 Location Consent
The mobile application will request your explicit consent before collecting location data. Location data is collected only at journey start and end events — the application does not perform continuous background tracking. You may withdraw location consent at any time via the app settings.
6.3 NFC & QR Scanning
The application supports NFC tag and QR code scanning to identify vehicles. These features are used solely for vehicle selection and do not collect personal data beyond the tag or code identifier.
7. Data & Privacy
Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, store, and protect your data. By using the Services, you acknowledge and agree to the data practices described in the Privacy Policy.
Tenant Admins acknowledge their responsibilities as data controllers (or joint controllers) under applicable data protection law, including ensuring they have a lawful basis for processing their employees’ or drivers’ personal data through the Platform.
8. Subscription & Payment
8.1 Pricing
FluxTrackOS is offered on a per-vehicle, per-month subscription basis. Current pricing is published on our website and may be updated from time to time. We will provide at least 30 days’ notice of any price changes.
8.2 Billing
Subscription fees are billed monthly in advance. All fees are quoted in GBP and are exclusive of VAT unless otherwise stated. Applicable VAT will be added at the current rate.
8.3 Non-Payment
We reserve the right to suspend access to the Services if payment is not received within 14 days of the due date. We will provide written notice before any suspension.
9. Service Availability
We aim to maintain high availability of the Platform but do not guarantee uninterrupted service. The Services may be temporarily unavailable due to:
- Scheduled maintenance (with reasonable advance notice)
- Emergency security patches
- Circumstances beyond our reasonable control (force majeure)
We are not liable for any losses arising from temporary service interruptions.
10. Intellectual Property
10.1 Our IP
All intellectual property rights in the Platform — including but not limited to the software, design, logos, trademarks, and documentation — are owned by Hillmorton Design & Development or its licensors. Nothing in these Terms grants you any ownership rights in the Platform.
10.2 Your Data
You retain ownership of all data you submit to the Platform. By using the Services, you grant us a limited, non-exclusive licence to process your data solely for the purpose of providing the Services.
10.3 Feedback
If you provide feedback, suggestions, or ideas about the Platform, you grant us an unrestricted, irrevocable, perpetual licence to use that feedback for any purpose without compensation.
11. Limitation of Liability
To the maximum extent permitted by law:
- The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied.
- We do not warrant that the Services will be error-free, uninterrupted, or free from security vulnerabilities.
- Our total aggregate liability to you for any claims arising from or related to the Services shall not exceed the total fees paid by your Tenant in the 12 months preceding the claim.
- We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
12. Indemnification
You agree to indemnify and hold harmless Hillmorton Design & Development, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
- Your use of the Services in violation of these Terms.
- Your violation of any applicable law or regulation, including data protection law.
- Any claim by a third party arising from data you submitted to the Platform.
13. Termination
13.1 By You
Tenant Admins may cancel their subscription at any time by contacting us. Cancellation takes effect at the end of the current billing period.
13.2 By Us
We may suspend or terminate your access to the Services immediately if you breach these Terms, fail to pay fees, or engage in conduct that we reasonably believe may cause harm to us, other users, or the Platform.
13.3 Effect of Termination
Upon termination:
- Your right to access the Services ceases immediately (or at the end of the billing period, if terminated by you).
- We will retain your data for 30 days following termination, during which you may request a data export. After 30 days, your data will be permanently deleted unless a legal obligation requires longer retention.
- Sections that by their nature should survive termination (including Limitation of Liability, Indemnification, and Governing Law) will continue to apply.
14. Modifications to These Terms
We may update these Terms from time to time. Material changes will be communicated via the Platform or by email with at least 30 days’ notice. Your continued use of the Services after the effective date of any changes constitutes acceptance of the revised Terms. If you do not agree with the changes, you must discontinue use of the Services before the changes take effect.
15. Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
16. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, power failures, internet outages, or cyberattacks.
17. Contact
For questions about these Terms of Service, please contact us:
Hillmorton Design & Development
Privacy: [email protected]
Security: [email protected]
Website: hillmortondnd.co.uk