These Terms of Service ("Terms") govern your access to and use of the Cloud+ platform operated by Cloud4Waste Ltd ("Cloud4Waste", "we", "our", "us"), a company incorporated in England and Wales. By accessing or using Cloud+, you ("Customer", "you") agree to be bound by these Terms.
1. Definitions
- "Platform" means the Cloud+ software-as-a-service solution, including all web interfaces, APIs, telemetry integrations, and related services.
- "Customer Data" means all data, content, and information submitted by you or on your behalf through the Platform, including machine telemetry, company records, and waste data.
- "Authorised Users" means your employees, agents, or contractors permitted by you to access the Platform under your account.
- "Subscription" means the paid access plan selected by you and confirmed by MHM.
- "Trade Customer" means a company that resells or manages machine access on behalf of End Customers.
- "End Customer" means a company using the Platform solely to manage their own machinery and waste operations.
2. Platform Access & Licence
Subject to these Terms and payment of applicable fees, Cloud4Waste grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your internal business operations during the Subscription term.
- You may not sub-licence, resell, or otherwise make the Platform available to third parties except as permitted under a Trade Customer arrangement agreed in writing with Cloud4Waste.
- You are responsible for ensuring all Authorised Users comply with these Terms.
- Cloud4Waste reserves the right to suspend access immediately where a breach of these Terms is suspected.
3. Account Registration & Security
You must provide accurate and complete information when registering an account and keep it up to date. You are solely responsible for:
- Maintaining the confidentiality of your login credentials.
- All activities that occur under your account, whether or not authorised by you.
- Promptly notifying MHM at info@cloud4waste.com of any suspected unauthorised access or security breach.
Cloud4Waste will not be liable for any loss arising from unauthorised use of your account where you have failed to take reasonable security precautions.
4. Subscriptions & Payment
Access to the Platform requires a paid Subscription. By subscribing, you agree to the following:
- Subscription fees are billed monthly or annually in advance, as selected at checkout.
- All fees are quoted exclusive of VAT. VAT at the prevailing UK rate (currently 20%) will be applied.
- Payment is processed securely via Stripe. By paying, you authorise Stripe to charge your nominated payment method.
- Failure to pay may result in suspension of access. Accounts unpaid for more than 7 days following a payment failure may be locked.
- You may cancel your Subscription at any time. Cancellation takes effect at the end of the current billing period; no pro-rata refunds are issued.
- MHM reserves the right to adjust pricing with 30 days' written notice. Continued use after such notice constitutes acceptance of the new pricing.
- Chargebacks or disputed payments may result in immediate account suspension pending investigation.
5. Customer Data & Ownership
You retain all intellectual property rights and ownership of your Customer Data. You grant MHM a limited, non-exclusive licence to process Customer Data solely to provide and improve the Platform.
- You are responsible for ensuring that all Customer Data submitted to the Platform is accurate, lawfully obtained, and does not infringe any third-party rights.
- Cloud4Waste may use anonymised and aggregated data derived from Customer Data for service improvement and benchmarking, provided such data cannot be used to identify you or any individual.
- You must not upload unlawful, defamatory, fraudulent, or harmful content to the Platform.
6. Machine Telemetry & Data Accuracy
The Platform collects machine telemetry data from connected IoT gateways. You acknowledge that:
- Telemetry data is dependent on the availability and accuracy of connected hardware. MHM does not guarantee uninterrupted or error-free data collection.
- Predictive metrics (e.g. predicted full dates, fill estimates) are indicative only and should not be solely relied upon for operational decisions.
- You are responsible for ensuring that connected equipment is properly maintained and that gateway installations comply with applicable regulations.
- Sustainability and ESG metrics displayed on the Platform are estimates based on industry-standard conversion factors (including DEFRA UK figures) and should be verified independently before use in official reporting.
7. Waste Management Marketplace
Where the Platform facilitates connections between Customers and waste collectors ("Marketplace"):
- Cloud4Waste acts as a technology intermediary only. We are not a party to any waste collection agreement between you and a waste collector.
- You are solely responsible for ensuring that any waste collection arrangements comply with applicable environmental regulations, including the Environmental Protection Act 1990, the Waste (England and Wales) Regulations 2011, and any applicable Environment Agency permitting requirements.
- Waste collectors on the Platform are independent contractors. MHM does not guarantee their performance, compliance, or suitability.
- Any disputes between you and a waste collector must be resolved directly between the parties. MHM may, at its discretion, facilitate mediation but is not obliged to do so.
8. Service Availability & Maintenance
MHM will use commercially reasonable efforts to maintain Platform availability. However:
- We do not guarantee 100% uptime. Planned maintenance will be communicated in advance where possible.
- Cloud4Waste reserves the right to modify, update, or discontinue features with reasonable notice. Critical security patches may be deployed without prior notice.
- We may suspend the Platform temporarily for maintenance, security, or legal compliance reasons without liability.
9. Intellectual Property
The Platform, including all software, design, content, trademarks, and documentation, is the exclusive intellectual property of Cloud4Waste Ltd. Nothing in these Terms transfers any ownership of Platform IP to you. You may not copy, modify, distribute, reverse engineer, or create derivative works from any part of the Platform.
10. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party and to use it only for the purposes of these Terms. This obligation survives termination for 5 years. Confidential information does not include information that:
- Is or becomes publicly available other than through a breach of this clause.
- Was already known to the receiving party without restriction.
- Is required to be disclosed by law or a competent authority.
11. Limitation of Liability
To the fullest extent permitted by applicable law:
- Cloud4Waste shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profit, revenue, data, or business opportunity.
- Cloud4Waste's total aggregate liability to you under or in connection with these Terms shall not exceed the total fees paid by you in the 12 months immediately preceding the event giving rise to the claim.
- Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Cloud4Waste Ltd, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform in breach of these Terms; (b) your Customer Data; (c) your violation of any applicable law or regulation; or (d) your negligent or wilful misconduct.
13. Term & Termination
- These Terms commence when you first access the Platform and continue until your Subscription is terminated.
- Either party may terminate for convenience on 30 days' written notice.
- Cloud4Waste may terminate immediately upon written notice if you materially breach these Terms and fail to remedy the breach within 14 days of notice.
- On termination, your access to the Platform will cease. You may request an export of your Customer Data within 30 days of termination, after which data will be permanently deleted within 90 days.
14. Data Protection
Each party shall comply with its respective obligations under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Where MHM processes personal data on your behalf, the terms of our Privacy Policy and any applicable Data Processing Agreement shall apply. You warrant that you have a lawful basis for any personal data you share with us.
15. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. Before initiating legal proceedings, both parties agree to attempt good-faith resolution by contacting info@cloud4waste.com.
16. General
- Entire Agreement: These Terms constitute the entire agreement between you and MHM regarding the Platform, superseding all prior agreements.
- Severability: If any provision is found unenforceable, the remainder of the Terms shall continue in full force.
- Waiver: Failure by MHM to enforce any provision shall not constitute a waiver of that provision.
- Assignment: You may not assign these Terms without MHM's prior written consent. Cloud4Waste may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Notices: All legal notices to MHM must be sent to info@cloud4waste.com.
Cloud4Waste Ltd · Registered in England and Wales · For queries regarding these Terms, contact info@cloud4waste.com