Terms of Service

Last updated: December 2024

1. Introduction

Welcome to tim (Trade Show Impact Management), a service operated by Pie Factory London Limited ("PIE", "we", "us", or "our"). By accessing or using the tim platform at tradeshowtim.com (the "Service"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service constitutes your acceptance of these Terms and any updates thereto.

These Terms constitute a legally binding agreement between you and Pie Factory London Limited, a company registered in England and Wales (Company Number: 14653998), with its registered address at 36 Fifth Avenue, Havant, Hampshire, PO9 2PL, United Kingdom.

2. Definitions

  • "Service" means the tim platform, including all features, tools, APIs, and related services provided through tradeshowtim.com.
  • "User" or "you" means any individual or entity that accesses or uses the Service.
  • "Content" means any data, text, images, photographs, graphics, files, or other materials uploaded to, generated by, or processed through the Service.
  • "User Content" means any Content that you upload, submit, or transmit to the Service.
  • "Generated Content" means any analysis, reports, scores, calculations, or other outputs produced by the Service.
  • "Data" means all information collected, processed, or generated through your use of the Service.

3. Account Registration

To access certain features of the Service, you must register for an account. When registering, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that contain inaccurate or misleading information, or that violate these Terms.

4. Intellectual Property Rights

Ownership of the Service: The Service, including all software, algorithms, designs, interfaces, and documentation, is owned by Pie Factory London Limited and is protected by intellectual property laws. Nothing in these Terms transfers any ownership rights to you.

Generated Content: All analysis, reports, ESG scores, carbon calculations, benchmarks, insights, and any other outputs generated by or through the Service ("Generated Content") are and shall remain the exclusive property of Pie Factory London Limited. You are granted a limited, non-exclusive, non-transferable license to view and use Generated Content solely for your internal business purposes.

No Ownership Transfer: For the avoidance of doubt, no intellectual property rights in any Generated Content, methodologies, algorithms, or analytical frameworks are transferred to you under these Terms. PIE retains all rights, title, and interest in and to all aspects of the Service and its outputs.

Training and Improvement: PIE may use all Data, including User Content and usage patterns, to train, improve, and develop the Service, including machine learning models and analytical capabilities, without any compensation or attribution to you.

5. User Content License

By uploading, submitting, or transmitting any User Content to the Service, you grant to Pie Factory London Limited a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, sublicensable, and transferable license to:

  • Use, reproduce, modify, adapt, and create derivative works from your User Content
  • Distribute, publicly display, and publicly perform your User Content
  • Sublicense these rights to third parties
  • Use your User Content for any purpose, including commercial purposes

Warranties: You represent and warrant that:

  • You own or have the necessary rights and permissions to upload and license your User Content
  • Your User Content does not infringe any third-party intellectual property rights
  • Your User Content does not violate any applicable laws or regulations
  • You have obtained all necessary consents for any personal data contained in your User Content

6. Data Usage Rights

You acknowledge and agree that PIE may:

  • Aggregate Data: Combine your Data with data from other users to create aggregated, anonymized datasets
  • Benchmarking: Use your Data to create and publish industry benchmarks, reports, and insights
  • Commercialization: Monetize aggregated and anonymized data, including selling access to benchmarking data and industry reports to third parties
  • Research: Use your Data for research and development purposes, including academic publications
  • AI Training: Use all uploaded content, including photographs and materials data, to train artificial intelligence and machine learning models

All ESG scores, carbon calculations, sustainability assessments, and other analytical outputs derived from your Data become the property of PIE and may be used without restriction.

7. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws
  • Upload content that is defamatory, obscene, or infringes third-party rights
  • Attempt to gain unauthorized access to the Service or its systems
  • Interfere with or disrupt the integrity or performance of the Service
  • Reverse engineer, decompile, or disassemble any aspect of the Service
  • Use automated means to access the Service without our prior written consent
  • Resell, redistribute, or commercially exploit the Service without authorization
  • Remove or alter any proprietary notices or labels on the Service

8. Service Availability

No Uptime Guarantee: The Service is provided on an "as available" basis. We do not guarantee that the Service will be uninterrupted, error-free, or available at all times. We may experience downtime for maintenance, updates, or due to circumstances beyond our control.

Modifications: We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, for any reason. This includes adding, removing, or changing features, pricing, or functionality.

No Liability: We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

9. Limitation of Liability

Disclaimer of Warranties: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PIE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

No Guarantee of Accuracy: We do not warrant that ESG scores, carbon calculations, or any other analysis provided by the Service is accurate, complete, or suitable for any particular purpose. You should not rely solely on the Service for any critical business decisions.

Limitation of Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PIE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER PIE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on Liability: OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO PIE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED POUNDS (£100), WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Pie Factory London Limited, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • Your use of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any claim that your User Content infringes any intellectual property or other rights of any third party

11. Termination

Termination by PIE: We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

Termination by You: You may terminate your account at any time by contacting us. Upon termination, you will lose access to the Service and any data associated with your account.

Data Retention: Upon termination, we may retain your Data, User Content, and Generated Content indefinitely for our legitimate business purposes, including research, benchmarking, AI training, and legal compliance. The licenses granted by you under these Terms shall survive termination.

Survival: Sections relating to intellectual property, data usage, limitation of liability, indemnification, and governing law shall survive termination of these Terms.

12. Governing Law

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

Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales. You irrevocably submit to the jurisdiction of such courts.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Service. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.

We are not obligated to notify you of changes to these Terms. It is your responsibility to review these Terms periodically for updates.

14. Contact Information

If you have any questions about these Terms, please contact us:

Pie Factory London Limited
36 Fifth Avenue
Havant, Hampshire
PO9 2PL
United Kingdom

Email: hello@wearepie.com
Company Number: 14653998