CathWyl Industrial Terms of Service

Effective Date: 2026.01.01

Last Updated: 2026.01.01

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the products and services provided by CathWyl Industrial LLC ("CathWyl Industrial," "Company," "we," "our," or "us"), including our websites, cloud platform, APIs, software, firmware, mobile applications, connected hardware, telemetry services, analytics, dashboards, and related services (collectively, the "Services").

By purchasing, accessing, or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Services.

2. Description of Services

CathWyl Industrial provides industrial and railroad technology products including, but not limited to:

• Cloud-based monitoring services

• Fleet management platforms

• Sensor monitoring

• Telematics

• GPS location services

• Data analytics

• Reporting tools

• APIs

• Mobile applications

• Connected hardware

• Firmware updates

• Technical support

Features may change over time without prior notice.

3. Account Registration

Customers may be required to create an account.

You agree to:

• Provide accurate information

• Keep your information current

• Maintain the confidentiality of account credentials

• Notify us immediately of unauthorized account access

You are responsible for all activity occurring under your account.

4. Authorized Users

The customer is responsible for:

• Managing user accounts

• Assigning permissions

• Removing access for former employees or contractors

• Ensuring authorized users comply with these Terms

5. Customer Responsibilities

You agree to:

• Use the Services only for lawful purposes

• Follow all applicable laws and regulations

• Maintain your own backups where appropriate

• Install hardware according to published specifications

• Keep equipment reasonably maintained

• Promptly install recommended software or firmware updates

You agree not to:

• Reverse engineer the Services except where prohibited by law

• Circumvent security features

• Introduce malware or harmful code

• Attempt unauthorized access

• Interfere with operation of the Services

• Resell Services without written authorization

6. Customer Data

Customer retains ownership of all data submitted to or generated through the Services ("Customer Data").

CathWyl Industrial receives a limited license to process Customer Data solely to:

• Provide the Services

• Maintain system security

• Troubleshoot issues

• Improve reliability

• Perform backups

• Comply with legal obligations

CathWyl Industrial does not acquire ownership of Customer Data.

7. Data Accuracy

While our products are designed to provide reliable operational information, telemetry data may be affected by:

• Sensor failures

• Installation errors

• Network outages

• GPS limitations

• Environmental conditions

• Hardware failures

• User configuration errors

Customers are responsible for independently verifying operational information before making safety-critical or business-critical decisions.

8. Availability

We strive to maintain high system availability but do not guarantee uninterrupted service.

Service interruptions may occur due to:

• Scheduled maintenance

• Emergency maintenance

• Internet outages

• Cellular carrier outages

• Cloud provider interruptions

• Third-party failures

• Force majeure events

9. Software Updates

We may periodically release:

• Firmware updates

• Software updates

• Security patches

• Feature enhancements

Some updates may occur automatically.

Failure to install updates may reduce functionality or security.

10. Third-Party Services

The Services may integrate with third-party products including:

• Cellular carriers

• Mapping providers

• Cloud hosting providers

• Authentication providers

• Payment processors

• Customer systems

CathWyl Industrial is not responsible for outages or failures caused by third-party services.

11. Subscription Services

Certain Services are provided on a subscription basis.

Subscription fees may include:

• Cloud hosting

• Device connectivity

• Software licenses

• Data storage

• Premium analytics

• Technical support

Subscription terms are defined in the applicable quotation, order, or agreement.

12. Payment Terms

Invoices are due according to the payment terms specified on the applicable quote or invoice.

Failure to pay may result in:

• Suspension of Services

• Termination of Services

• Late payment charges as permitted by law

Customer remains responsible for all applicable taxes unless exempt.

13. Intellectual Property

CathWyl Industrial retains all right, title, and interest in:

• Software

• Firmware

• Source code

• APIs

• Documentation

• User interfaces

• Graphics

• Trademarks

• Product designs

• Algorithms

• Analytics

• Trade secrets

Except as expressly granted herein, no intellectual property rights are transferred.

14. Confidential Information

Each party agrees to protect confidential information received from the other party using reasonable care.

Confidential information includes:

• Technical information

• Business information

• Product roadmaps

• Pricing

• Customer Data

• Source code

• Security information

Confidentiality obligations survive termination.

15. Acceptable Use

You may not use the Services to:

• Violate applicable laws

• Infringe intellectual property rights

• Harass others

• Distribute malware

• Attempt unauthorized access

• Conduct denial-of-service attacks

• Interfere with system operation

Violation may result in immediate suspension.

16. Suspension

CathWyl Industrial may suspend access if:

• Required by law

• Necessary to protect system security

• Customer materially breaches these Terms

• Payment obligations remain outstanding

• Continued access creates unreasonable risk

We will make reasonable efforts to provide notice when practical.

17. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CATHWYL INDUSTRIAL DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that:

• Services will operate uninterrupted

• Services will be error free

• All defects can be corrected

• Data will always be accurate

• Communications networks will always be available

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CATHWYL INDUSTRIAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA.

OUR TOTAL AGGREGATE LIABILITY ARISING FROM THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER TO CATHWYL INDUSTRIAL FOR THE APPLICABLE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so portions of this section may not apply.

19. Indemnification

Customer agrees to defend, indemnify, and hold harmless CathWyl Industrial and its officers, employees, agents, and affiliates from claims arising from:

• Customer misuse of the Services

• Customer violation of these Terms

• Customer violation of applicable law

• Customer negligence

• Customer-provided content

20. Export Compliance

Customer agrees to comply with all applicable export control and sanctions laws.

Customer shall not export or re-export the Services in violation of applicable law.

21. Force Majeure

Neither party shall be liable for delays or failures caused by events beyond reasonable control, including:

• Natural disasters

• War

• Terrorism

• Government actions

• Labor disputes

• Power failures

• Internet outages

• Pandemic events

22. Termination

Either party may terminate the Services in accordance with the applicable subscription agreement or purchase contract.

Upon termination:

• Customer access may be disabled.

• Customer remains responsible for outstanding balances.

• Each party will continue to honor confidentiality obligations.

• Customer should export any desired Customer Data before account closure, subject to any agreed retention period.

23. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.

Any legal action shall be brought exclusively in the state or federal courts located in Colorado, and each party consents to the jurisdiction of those courts.

24. Changes to These Terms

CathWyl Industrial may modify these Terms from time to time.

Material changes will be posted on our website with an updated Effective Date.

Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

25. Entire Agreement

These Terms, together with any executed quotations, subscription agreements, purchase orders accepted by CathWyl Industrial, privacy policy, and any incorporated policies, constitute the entire agreement between the parties regarding the Services.

If there is a conflict between these Terms and a separately negotiated written agreement signed by both parties, the signed agreement will control.

26. Contact Information

CathWyl Industrial LLC

Website: https://www.cathwyl.com

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

27. Questions

Questions regarding these Terms may be directed to:

Legal Department

CathWyl Industrial LLC

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