Mecmetrix Terms of Service

1. General terms and contracting parties

These Mecmetrix Terms of Service (“Terms”) are a legally binding agreement between SIA “NewCognity”, registration no. 40203771131, registered address: Pulksteņu iela 21, Pēterupe, Saulkrasti Parish, Saulkrasti Municipality, LV-2160, Latvia (“NewCognity”, “we”, “us”), and the person or organisation that creates or uses a Mecmetrix workspace (“Customer”).

Mecmetrix is a cloud-based software-as-a-service (SaaS) workshop management system that may include customer and vehicle records, scheduling, estimates, work orders, inventory, invoicing, reporting, document processing, integrations, plugins, and artificial intelligence (“AI”) assisted features (the “Service”). Available functionality depends on the selected plan and purchased add-ons.

By registering a Workspace, selecting an acceptance checkbox, purchasing a Subscription, or continuing to use the Service after these Terms take effect, the Customer confirms that it has read and agrees to the Terms. A person acting for a Customer confirms that they are at least 18 and authorised to bind the Customer. If mandatory consumer law applies to the Customer, those mandatory rights prevail over any conflicting provision of these Terms.

2. Definitions

• Workspace means a Customer account logically segregated from other customer workspaces.
• User means an individual authorised by the Customer to access its Workspace.
• Subscription means a paid plan for a stated billing period, including add-ons and usage units.
• Customer Data means data, documents, images, and other content entered, uploaded, created, or imported by the Customer or its Users.
• AI Feature means a function that uses an automated or generative system to read, classify, summarise, or suggest an output from Customer Data.

3. Accounts, access, and Customer responsibilities

The Customer must provide accurate, current registration and billing information, manage User permissions, and keep login credentials confidential. An account and individual User credentials may not be transferred or shared. Suspected unauthorised access must be reported promptly to [email protected].

The Customer is responsible for its Users, the lawful collection of Customer Data, its instructions to NewCognity for processing that data, and reviewing estimates, invoices, tax calculations, accounting entries, and other documents prepared through the Service before they are approved, posted, submitted, or shared.

4. Service delivery, availability, and changes

Our operational target is at least 99% Service availability per calendar month, excluding notified maintenance windows, failures in Customer or third-party systems, and events outside our reasonable control. This target is not a guaranteed service level and does not create a right to service credits or compensation unless a separate written agreement states otherwise.

Where reasonably possible, we will give at least 7 days’ notice of planned work or changes that materially reduce an existing feature’s availability. We may release new features, improvements, bug fixes, security updates, and urgent or unplanned work without prior notice where they do not materially degrade the Customer’s current Service. We may modify, suspend, or replace features for technical, security, or legal reasons.

5. Prices, taxes, and payment

The Customer will pay the price shown at order for a monthly or annual Subscription and, where applicable, for add-ons, plugins, Users, processed documents, AI units, or other measured usage. Prices, billing intervals, included allowances, and applicable taxes are shown before purchase. Stripe processes payments and card details; NewCognity does not receive or store complete card details.

Unless the offer states otherwise, Subscription fees are charged in advance. Measured usage may be billed in arrears or with the next invoice. The Customer authorises recurring charges to its selected payment method and must keep that method valid. The Customer is responsible for applicable VAT and other taxes, excluding taxes on NewCognity’s income.

6. Automatic renewal, price changes, and cancellation

A Subscription renews automatically for the same billing period until the Customer cancels before the next renewal date. The Customer can manage its Subscription in the billing section or Stripe customer portal. Cancellation takes effect at the end of the paid period and access continues until then.

We will give an existing subscriber at least 30 days’ notice of a price increase, which will apply no earlier than the next renewal after that notice period. If the Customer does not agree, it may cancel before the new price applies. We do not provide partial refunds for unused time except where mandatory law requires it or we agree otherwise in writing.

7. Trials and overdue payments

The offer states the length and limits of a trial. If no payment method is added and no Subscription is purchased, access may be restricted when the trial ends. If payment fails or is overdue, we may retry the charge, restrict paid features, or suspend the Workspace after reasonable notice, unless immediate action is needed because of fraud or a security risk.

8. Customer Data, export, and portability

The Customer retains all rights it holds in Customer Data. The Customer grants NewCognity limited rights to host, copy, transmit, and otherwise process Customer Data on the Customer’s behalf only to provide and secure the Service, deliver support, and meet legal obligations.

During an active Subscription, the Customer may request an export of its Workspace data at [email protected]. We will provide an export within a reasonable period in a commonly used, structured format to the extent technically feasible and excluding NewCognity confidential information, third-party data the Customer is not entitled to receive, and internal security data. A reasonable fee may be agreed in advance for unusually complex, repeated, or customised exports.

9. Personal data, confidentiality, and the DPA

For personal data entered by the Customer into its Workspace for its own activities, the Customer is generally the controller and NewCognity the processor. Applicable data protection law and a separate Data Processing Agreement (“DPA”) govern that processing. NewCognity may act as an independent controller for account, billing, security, and business-administration data as described in the Privacy Policy.

Each party will protect the other party’s non-public commercial, technical, and customer information and use it only to perform the agreement. This duty does not cover information that is public, independently developed, lawfully received from a third party, or required to be disclosed by a competent authority.

10. Subprocessors and AI providers

We may use vetted hosting, backup, communications, payments, analytics, document-recognition, and commercial AI API providers to deliver the Service. Where an AI Feature requires it, the relevant Customer input or document may be sent to such a subprocessor under confidentiality, security, and data-processing terms. Current details about data categories, transfers, and subprocessors are provided in the Privacy Policy and DPA.

11. AI output and mandatory human review

AI Features provide an automated draft or suggestion, not accounting, tax, legal, or other professional advice. AI output can be incomplete, inaccurate, or wrong. Before importing, posting, issuing an invoice, making payment, filing with an authority, or taking another action, the Customer must compare the output with the source document, verify amounts, VAT, identities, dates, accounts, and all other fields, and expressly approve the result. AI output must not be the sole basis for a decision with legal or material financial effects.

12. Acceptable use

The Customer must not use the Service unlawfully; infringe another person’s rights; upload malware; bypass access, usage, or security controls; disrupt infrastructure; run unauthorised vulnerability tests; obtain another Workspace’s data; resell or lease access; or decompile, reverse engineer, or try to extract source code, except to the extent such a right cannot legally be restricted.

13. Intellectual property and feedback

NewCognity and its licensors own all rights in the Service, including software, design, database structures, documentation, branding, and integrations. For the Subscription term, the Customer receives a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the Service for its internal business purposes. We may use feedback and suggestions without charge to improve the Service, without disclosing Customer confidential information.

14. Security, backups, and force majeure

We maintain risk-appropriate technical and organisational security measures and regular backups. No system is completely secure, so the Customer must retain copies of business-critical documents and use security controls within its responsibility. Neither party is liable for delay caused by events outside its reasonable control, including widespread network or cloud outages, natural disaster, war, government action, or cyberattack, provided it takes reasonable steps to reduce the impact.

15. Warranty disclaimer

To the extent permitted by law, the Service is provided “as is” and “as available”. We do not warrant that every function will always be uninterrupted or error-free, that the Service meets a particular Customer purpose, or that automated output will be correct. This section does not limit express commitments, mandatory quality requirements, or liability that cannot legally be excluded.

16. Limitation of liability

To the extent permitted by applicable law, NewCognity is not liable for indirect or consequential loss, lost profit or revenue, reputational harm, business interruption, loss of data, replacement-service costs, customer claims, or penalties imposed by an authority arising from Customer Data, unreviewed AI or automated output, misuse of the Service, or an event outside our reasonable control.

NewCognity’s total aggregate liability for all claims related to the Service will not exceed the Subscription fees actually paid by the Customer for the three months immediately preceding the event giving rise to the claim. This limit does not apply to wilful misconduct, gross negligence, fraud, death or personal injury, or any liability that cannot be limited by law.

17. Suspension and termination

We may proportionately restrict or suspend access if the Customer fails to pay, materially or repeatedly breaches these Terms, creates a security or legal risk, or a competent authority requires it. Where possible, we will allow a reasonable period to remedy the breach. The Customer may terminate by cancelling its Subscription. Either party may terminate for the other party’s material breach that remains uncured after written notice.

18. Data access and deletion after termination

After a Subscription ends, the Workspace may become read-only or unavailable. Unless otherwise agreed in writing or legally required, the Customer may request an export within 30 days after the Subscription ends. Customer Data is then scheduled for deletion or irreversible anonymisation within 90 days; remaining backup copies are isolated from ordinary use and overwritten under the backup cycle no later than 180 days. We may retain data longer to meet law, resolve disputes, or enforce rights.

19. Changes to these Terms

We may amend these Terms for legal, security, technical, or commercial reasons. We will notify existing Customers at the account email at least 30 days before a material amendment takes effect, unless law or an urgent security risk requires earlier application. If a change materially disadvantages the Customer, it may cancel before the change takes effect. Where fresh express consent is required, we will request it in the Service.

20. Notices, governing law, and disputes

Legal notices to NewCognity must be sent to [email protected] or its registered address. We may send notices to the Workspace owner’s account email or display them in the Service. The Customer must keep its contact details current.

Latvian law governs these Terms, without regard to conflict-of-laws rules. The parties will first try in good faith to resolve a dispute through negotiation for 30 days. Unresolved disputes are subject to the competent courts of the Republic of Latvia. This clause does not remove any mandatory consumer right to use another competent authority or court.

21. Severability, assignment, and entire agreement

If a provision is unenforceable, the remaining provisions continue and the affected provision applies to the maximum lawful extent. The Customer may not assign the agreement without our written consent; we may assign it in connection with a reorganisation or transfer of the business or Service while preserving Customer rights. These Terms, the order, Privacy Policy, and applicable DPA form the parties’ entire agreement for the Service. An individually signed agreement prevails, followed by the order, DPA, and these Terms.

22. Contact

SIA “NewCognity”, registration no. 40203771131
Pulksteņu iela 21, Pēterupe, Saulkrasti Parish, Saulkrasti Municipality, LV-2160, Latvia
Email: [email protected]
Phone: +371 20324425