Agreement
These terms govern use of the Afterlight manufacturing execution system and related services (the “Service”) provided by Afterlight, Inc. (“Afterlight”, “we”) to a business (the “Customer”).
Where the Customer has signed an agreement or order form with us, that document governs and these terms fill in anything it does not cover. Where they conflict, the signed document prevails.
The Service
We set up the Service from the Customer’s existing production records, host it, and keep it running. The scope, setup and service levels for each Customer are set out in its order form.
Changes made on request
Authorized users can ask for changes to the Service, including through the Afterlight assistant. Changes go live in the Customer’s Service. The Customer should check that each change works as intended and tell us promptly if it does not; we will correct or roll it back.
Accounts and users
The Customer decides who uses the Service and is responsible for their use of it, for keeping passwords and devices secure, and for giving its staff any notices the law requires about the data recorded about them.
Acceptable use
The Customer will not, and will not let others:
- Use the Service in breach of law or of others’ rights.
- Try to access other customers’ data or break the Service’s security.
- Resell the Service or use it to build a competing product.
- Overload the Service or disrupt it for others.
Customer data
The Customer owns its data. We use it only to provide, support and secure the Service, as described in our Privacy Policy, and for other purposes only where the Customer has agreed in writing.
Customer data is used for AI training only under our Licensed Data Training Program, by separate written agreement. To take part, contact us at contact@tryafterlight.com.
The Customer can ask for a full export of its data at any time. After the agreement ends, we delete it within 30 days of the Customer’s request, except where the law requires us to keep it.
Fees
Fees, payment terms and renewal are set out in the order form. If fees remain unpaid after notice, we may limit the Service to read-only access until payment is made. Customer data is not deleted for late payment.
Confidentiality
Each party will protect the other’s non-public information with at least reasonable care and use it only for the purposes of the agreement. Drawings, prices, customer lists and production data are the Customer’s confidential information.
Intellectual property
Afterlight owns the Service and its software, including changes made for the Customer. The Customer receives the right to use the Service for its own operations for the term of the agreement.
Warranties
We will provide the Service with reasonable skill and care. Except as stated in the agreement, the Service is provided “as is”, and we make no other warranties, express or implied, including of merchantability or fitness for a particular purpose. Production, quality and delivery decisions remain the Customer’s.
Limitation of liability
Neither party is liable for indirect or consequential losses, or for lost profits, revenue or data, even if advised of the possibility. Each party’s total liability is limited to the fees paid by the Customer in the 12 months before the claim. These limits do not apply to breach of confidentiality, the Customer’s payment obligations, or liability that cannot be limited by law.
Term and termination
The agreement runs for the term in the order form. Either party may end it on written notice if the other materially breaches it and does not fix the breach within 30 days.
Governing law
These terms are governed by the laws of the State of Delaware, United States, unless the order form says otherwise. The parties will first try to settle any dispute in good faith.
Changes to these terms
We may update these terms and will post the new version here with a new effective date. Changes do not affect a signed agreement during its current term.
Contact
Afterlight, Inc.
contact@tryafterlight.com