Customer Terms of Service

1.1 Who the agreement is between. These terms (the “Terms”) are between [INSERT registered company name], a company registered in England and Wales with company number [INSERT company number], whose registered office is at [INSERT registered office address] (“Tachyo”, “we”, “us”), and the business that subscribes to the Services (the “Customer”, “you”).

1.2 Business customers only. The Services are supplied to businesses for use in their haulage, logistics and fleet operations. By accepting these Terms you confirm that you are acting for the purposes of your trade or business and not as a consumer.

1.3 Authority. The person who accepts these Terms, or who sets up or uses the account, confirms they have authority to bind the Customer.

1.4 What makes up the agreement. The agreement consists of (a) these Terms; (b) any order form, plan selection or written confirmation we agree with you (an “Order”); (c) the Data Processing Addendum; and (d) the Telematics & GPS Policy, Acceptable Use Policy and Refunds & Cancellation page. If they conflict, the Data Processing Addendum prevails for the processing of personal data; otherwise an Order prevails over these Terms, and these Terms prevail over the other documents.

1.5 How you accept. You accept these Terms when you accept an Order, when you accept them on screen, or when you first use the Services, whichever happens first.

1.6 Definitions.

• Services — the Tachyo web admin platform (the “Admin Platform”), the Tachyo Driver mobile app for iOS and Android (the “Driver App”) and related support, as made available to your Plan.
• Plan — the Starter, Growth or Enterprise plan (or other plan we agree) that applies to your account.
• Users — your administrators and other office staff, and your Drivers, who access the Services under your account.
• Drivers — the employees, workers, agency drivers and self-employed sub-contractors you give access to the Driver App.
• Customer Data — all data and files that you or your Users enter, upload or generate through the Services, including driver, vehicle, shift, location, inspection, fuel, parking, load, delivery, signature, pay-rate and payroll records.
• Fees — the charges for your Plan under Clause 5.
• Indicators — status colours, badges, counters, alerts, flags, scores and calculated figures that the Services display.

2.1 What the Services do. Subject to your Plan, the Services help you run dispatch and live tracking of Drivers on shift; clock-in and clock-out; start- and end-of-shift walkaround checks and a vehicle defect registry; fuel and AdBlue receipt submission and review; overnight-parking claims; loads, proof of delivery photos and signatures; carrier settlement imports; pay-rate, payroll and profitability calculations and reports; staff rota and holidays; and alerts for idle vehicles, loss of GPS signal and SOS requests.

2.2 Plans and limits. Features and limits (for example, the number of depots) differ between Plans, as shown on our pricing page or in your Order, and are enforced in the product. Some features are only available on higher Plans.

2.3 Licence. From the start of your account we grant you a non-exclusive, non-transferable, revocable licence for the term of the agreement to use the Services for your own internal business operations, and to allow your Drivers to use the Driver App on their own or your devices for those operations.

2.4 Changes. We may improve, change, add or remove features. If we remove a feature that is a material part of your Plan, we will give you at least 30 days’ notice where reasonably practicable, and if the removal materially harms you, you may cancel and we will refund the Fees you prepaid for the period after cancellation.

2.5 Devices and connectivity. You and your Drivers are responsible for compatible phones and browsers, mobile data, battery, and the operating-system permission and power-saving settings the Driver App needs (see the Telematics & GPS Policy). The Services cannot work reliably without them.

2.6 Third-party components. The Services use third-party hosting, email and mapping services, listed in our Privacy Policy and Data Processing Addendum. We are not responsible for interruptions to services we do not control, but we remain responsible for our sub-processors as set out in the Data Processing Addendum.

2.7 Preview features. Features we label as beta, preview or trial are provided as they are and may change or be withdrawn at any time.

3.1 Set-up. Accounts are created by our team after you contact us; there is no anonymous self-service sign-up. You decide who your administrators are and what each can do.

3.2 Driver accounts. Your administrators create Driver accounts. Each Driver receives a single-use activation code, valid for 48 hours, and chooses their own PIN. You must make sure each Driver uses only their own account and keeps their PIN confidential.

3.3 Your responsibility for Users. You are responsible for everything done under your account by your Users, for keeping credentials confidential, and for promptly telling us if you suspect an account has been compromised. We recommend that every administrator turns on two-step verification, which the Admin Platform supports.

3.4 Leavers. You must promptly deactivate any User who should no longer have access, including a Driver whose engagement ends.

3.5 Accuracy. You are responsible for the accuracy and completeness of Customer Data that you or your Users enter, including driver details, vehicles, depots, rates and approvals.

3.6 Instructions. We may rely on instructions given through an administrator account as authorised by you.

3.7 Our security. We protect the Services with the measures described in the Data Processing Addendum. No system is completely secure and we do not promise that the Services will be free from every attack.

4.1 Length. New Customers receive a free trial of 120 days from the date we create their account (the “Trial”), with no minimum contract term. One Trial is available per business.

4.2 No charge during the Trial. We do not take payment details for the Trial and will not charge you for it. You only start paying when you choose a paid Plan and give us a payment method under Clause 5.

4.3 Terms apply. The Trial is governed by these Terms. During the Trial the Services are provided free of charge and our liability is limited as set out in Clause 15.

4.4 When the Trial ends. Unless you have agreed a paid Plan, we suspend access at the end of the Trial. We keep your Customer Data in a suspended state for 30 days after that, during which you may ask us to start a paid Plan (and your data carries over) or to give you an export. After those 30 days we delete your Customer Data as described in Clause 6.8, which also explains how long uploaded photographs and files are kept.

4.5 Early end. You may stop using the Trial at any time. We may end a Trial early if you breach Clause 11 or the Acceptable Use Policy.

5.1 Price. Fees are per active Driver per month, at the rates set out in the quote we give you or in your Order. We quote each business according to its fleet size and Plan. Some Plans include a number of free Drivers or a minimum number of billable Drivers, and annual billing may carry a discount; each is set out in your quote or Order. Fees are stated exclusive of VAT, which we add where it is chargeable.

5.2 Counting Drivers. A Driver is “active” if their account is not deactivated. We bill on the greatest number of Driver accounts that were active on any day of the billing period, subject to any minimum for your Plan.

5.3 Monthly Plans — billed and charged automatically each month. If you choose a monthly Plan, you authorise us, or our payment provider on our behalf, to charge the payment method you give us (for example a card or Direct Debit) automatically each month, on your monthly billing date, for the Fees for the billing period that has just ended, and to keep doing so until you cancel under Clause 6.2. We will send you an invoice or receipt for each charge. You confirm that you are entitled to give this authority.

5.4 Annual Plans — paid yearly in advance. If you choose an annual Plan (where we offer one), the Fees for the whole 12 months are paid in advance at the annual rate, by the method set out on our invoice or Order. Drivers you add during the annual term are charged for the rest of that term.

5.5 Payment method and provider. Payments are processed by a third-party payment provider that we will name when you set up payment. We do not store full card numbers. You must keep your payment details up to date. If we change the amount of a recurring charge for a reason other than the number of active Drivers, we will tell you before the next charge (see Clause 5.8).

5.6 Failed or late payment. If a charge fails or an invoice is not paid on time, we may try the payment again and ask you to update your payment details. We may also charge statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend the Services after giving you at least 7 days’ written notice. We restore access once the overdue amount is paid. Invoices that are not paid automatically are due within 14 days of their date, without set-off or deduction.

5.7 Disputed charges. Tell us within 14 days of the charge or invoice date and pay the part that is not in dispute. We will work with you to resolve the dispute promptly.

5.8 Changing prices. We may change prices on at least 30 days’ written notice, effective from your next billing period. A price change does not apply to the remainder of an annual term you have already paid for.

6.1 Term. The agreement starts when your account is created and continues until it is ended under this Clause.

6.2 Monthly Plans — no minimum term. You may cancel at any time by email to support@tachyo.co.uk. Cancellation stops the automatic monthly charge from the end of the billing month in which you cancel, and you keep access until then. You may cancel during the Trial with immediate effect and no charge.

6.3 Annual Plans. An annual Plan runs for 12 months from its start date and cannot be cancelled part-way through for a refund except under Clauses 2.4, 6.4, 6.5 or 18.6 and the 14-day guarantee on the Refunds & Cancellation page. At the end of the 12 months it continues month to month at the then-current monthly rate, charged automatically under Clause 5.3, unless you give us notice before the 12 months end that you do not want to continue, or we agree a new annual term.

6.4 Our right to end for convenience. We may end the agreement for any reason on 30 days’ written notice, and will refund Fees you prepaid for any period after the end date.

6.5 Ending for cause. Either party may end the agreement immediately by written notice if the other (a) commits a material breach that cannot be remedied, or does not remedy a remediable material breach within 14 days of being asked to; or (b) becomes insolvent, enters an arrangement with creditors, has an administrator or receiver appointed, or ceases business. If you end for our breach, we will refund Fees you prepaid for the period after the end date.

6.6 Suspension. We may suspend access to all or part of the Services, immediately where necessary, if (a) a payment is overdue as set out in Clause 5.6; (b) we reasonably believe the Services are being used unlawfully or in breach of Clause 11; (c) suspension is needed to protect the security or integrity of the Services or other customers; or (d) a court or authority requires it. We will tell you why where we lawfully can and restore access as soon as the reason has gone.

6.7 Effect of ending. When the agreement ends your right to use the Services ends, your Drivers’ apps stop working (you are responsible for telling them), and you must pay all Fees due up to the end date. Clauses intended to survive (including 7, 9, 15, 16, 17 and 19) continue.

6.8 Your data when the agreement ends. After the agreement ends (or the Trial lapses under Clause 4.4) we keep your Customer Data suspended for 30 days. During that time you may ask us for a copy in a structured, commonly used format such as CSV, and we will provide it within a reasonable time. After the 30 days we delete your Customer Data from our live systems and databases, and any remaining copies held in our hosting provider’s backups are overwritten in the ordinary course of that provider’s cycle. We may keep what the law requires us to keep (for example our own invoices and accounting records) and what we need to establish or defend legal claims. Deletion from the database is permanent. See Refunds & Cancellation for the practical steps.

6.9 Photographs and files. Uploaded photographs and files (defect and walkaround photographs, delivery proofs, receipts) can form part of vehicle safety, working-time and delivery records that operators must keep by law (see Clause 7.6). You therefore instruct us to keep them in restricted, private storage for 24 months from the date each file was uploaded, even if the agreement, a Driver account or a Driver record has ended or been deleted, and then to delete them. During that time we will, on request, give you a copy of the files we hold, but they will no longer be linked to records in the platform. If you want files deleted sooner, tell us in writing; we will do so, and you remain responsible for any record-keeping duty that affects.

7.1 Ownership and licence. You own Customer Data. You give us a non-exclusive licence to host, copy, process and display it for as long as we need to in order to provide, support, secure and troubleshoot the Services for you and to meet our legal obligations.

7.2 Aggregated data. We may use aggregated and de-identified information derived from use of the Services, from which no customer, vehicle or individual can be identified, to operate, secure and improve the Services and to produce statistics. We do not sell Customer Data or identifiable driver data.

7.3 Data protection roles. For personal data in Customer Data, you are the controller and we are your processor, and the Data Processing Addendum applies. For the account, billing and website data we hold about you and your staff, we are a controller; see our Privacy Policy.

7.4 What you may enter. You warrant that you have the right to give us Customer Data and that doing so does not break the law or anyone’s rights, including the right to upload any carrier or customer files, such as settlement files, that you import. The Services are not designed to hold special category data (such as health information) or criminal-offence data. Incident reports and notes are free text and could contain details of that kind, for example about an injury. You are responsible for having a lawful basis, and any further condition that data protection law requires, for anything of that kind that you or your Drivers enter, and you should keep it to what you need.

7.5 Sharing links, reports and emails. Where you create a link to share a report with a third party, anyone who holds the link can view that report until it expires or you revoke it. Reports and scheduled emails may name individual Drivers and show their performance figures. You are responsible for what you share, who receives it, and whether you may lawfully share it.

7.6 Keep your own records. You, not Tachyo, are responsible for keeping the records the law requires you to keep. Tachyo is not your records archive. For example:

• Vehicle safety inspections, driver defect (walkaround) reports and the repair records that follow them: at least 15 months (DVSA Guide to maintaining roadworthiness).
• Working-time records (hours and shifts worked): 2 years (Road Transport (Working Time) Regulations 2005).
• Pay, payroll, expense and tax records: generally 6 years (HMRC record-keeping requirements and the Limitation Act 1980).

These periods are for guidance and may change; check the current rules or take advice. Use the export tools available on your Plan, and ask us for an export if you need one, so that you hold your own copy of anything important.

7.7 Disclosure. We may disclose Customer Data where the law or a court, regulator or police authority validly requires it, as described in our Privacy Policy.

8.1 You are the employer or engager. You, not Tachyo, employ or engage your Drivers and set their terms. Tachyo is not a party to any contract between you and a Driver and has no role in deciding how a Driver is paid, managed or disciplined.

8.2 Your duties before monitoring. Before you give a Driver access to the Driver App you must, at your own responsibility: (a) identify and document your lawful basis for processing their data and, where required, complete a data protection impact assessment for location monitoring; (b) give each Driver a clear privacy notice that explains the monitoring (our Driver Privacy Notice covers the app but does not replace yours); (c) comply with the Information Commissioner’s guidance on monitoring workers; and (d) comply with employment, worker and agency law, including any duty to inform and consult.

8.3 Settings you control. You choose how some features behave, including idle and GPS-offline thresholds, whether an idle or offline stretch only raises an alert or is deducted from paid hours, whether a shift is clocked out automatically after a loss of GPS signal, alert thresholds, fuel-bonus rules and pay rates. Settings that reduce paid time or end a shift are off by default and operate only if you switch them on.

8.4 Your responsibility for pay decisions. You are solely responsible for deciding whether any setting is lawful and consistent with your contracts with Drivers, and for pay, deductions, the National Minimum Wage, holiday pay and any other entitlement. You must not use a setting to make a deduction the law or the Driver’s contract does not allow.

8.5 Human review. The Services support your decisions; they do not make them for you. You must not take disciplinary, dismissal or pay action against a Driver based solely on an Indicator, flag or automated calculation without a person reviewing the underlying record and giving the Driver a fair chance to respond.

8.6 Driver requests. You are responsible for answering requests from Drivers (for example access, correction or deletion). We will help as set out in the Data Processing Addendum and Delete Your Account. Before you confirm a Driver’s deletion request, check which of that Driver’s records you must keep (see Clause 7.6): confirming deletes the Driver’s shift, inspection, incident, fuel and parking records from your account, so export what you need first, or decline the request for those records and tell the Driver why.

9.1 Indicators are not certificates. A green, amber or red status, a “compliant” label, a due-date warning or any other Indicator only reflects the data held in the Services and the thresholds you configured. It is not a certificate of roadworthiness, a mechanical sign-off, a verification under the Road Traffic Act 1988, or advice that a vehicle, driver or operation is lawful.

9.2 Fuel analysis and anomaly flags. The Services compare fuel receipts, odometer readings, tank capacity and the recorded location of a submission and may flag entries that look unusual. A flag is a prompt to check, not a finding of theft, fraud or misconduct. Entries may be flagged for innocent reasons (such as a missing odometer reading, a shared pump or a data-entry error), and a real problem may not be flagged.

9.3 Alerts depend on signal and settings. Idle, GPS-offline and other alerts depend on the Driver’s phone having signal, battery and the right permissions, and may be delayed, repeated or missed. Location is reported about every three minutes while a shift is active, so positions are not continuous or exact.

9.4 SOS is not an emergency service. The SOS function notifies your administrators in the Admin Platform. It does not contact the police, ambulance, fire or breakdown services. In an emergency, call 999. You are responsible for monitoring SOS alerts and for your own emergency procedures.

9.5 Pay and payroll figures. Pay, rate and payroll calculations are arithmetic based on the rates, hours and approvals held in the Services. Tachyo is not payroll software or a payroll bureau, does not submit anything to HMRC and does not pay anyone. You must check every figure before you pay or file anything.

9.6 Financial analytics. Profitability, cost, margin, VAT-exclusive fuel and similar figures are estimates built from the data you and your Drivers enter and, where you use it, carrier settlement files you import. They are not accounting, tax or financial advice. Column and rate mapping from imported files is heuristic and you must confirm it is correct before relying on it.

9.7 Fuel and parking claims. Drivers type in the litres, cost, vendor and odometer figures for a receipt and attach photographs. We do not currently read receipt photographs automatically. A submitted claim waits for your review. If a pending fuel or parking claim is not reviewed within 10 hours of submission, the Services approve it automatically, and an approved parking claim is added to the linked shift’s extra payments. You are responsible for reviewing claims promptly and for every approval, including an automatic one.

9.8 Hours counters. Any driving-time or working-time counter in the Services is an estimate for convenience. The digital tachograph and driver card are the legal record of drivers’ hours, and take precedence if they differ.

10.1 Your duties remain yours. You, as the operator licence holder, remain solely responsible for compliance with your operator licence undertakings, the Goods Vehicles (Licensing of Operators) Act 1995, DVSA requirements, drivers’ hours and working-time rules, and every other law that applies to your operation. Using Tachyo does not transfer or share those duties.

10.2 Inspections. A recorded walkaround check does not replace the Driver’s duty to inspect the vehicle before use, or your duty to keep vehicles roadworthy and to carry out safety inspections, roller brake tests and annual tests on time. The Services only know the dates and results that you or your Drivers enter.

10.3 No substitute for a Transport Manager. Tachyo is software. It is not, and does not replace, a Transport Manager or any other person with a statutory role.

10.4 Regulatory outcomes. We are not responsible for prohibition notices, fixed penalties, vehicle impoundment, Traffic Commissioner action, licence curtailment or revocation, or other regulatory outcomes affecting you or your Drivers, except to the extent this agreement says we are liable under Clause 15.

11.1 Rules. You must use the Services lawfully and in line with the Acceptable Use Policy. In particular you must not, and must not allow any User to:

• (a) reverse-engineer, decompile or try to extract source code, except where the law does not allow this restriction;
• (b) resell, sub-license, white-label or provide the Services to anyone outside your own business, or run a bureau service for other hauliers, without our written consent;
• (c) feed in false or synthetic location, shift, inspection or receipt data, use GPS-spoofing or mock-location tools, or otherwise manipulate records;
• (d) try to gain unauthorised access to the Services, another customer’s data or our systems, or interfere with or overload them;
• (e) upload malicious code or material that infringes anyone’s rights or that you have no right to use;
• (f) use the Services to monitor anyone outside their working time or in a way that the law does not allow; or
• (g) avoid or tamper with plan limits or the way the Services count Drivers.

12.1 Ours. We and our licensors own all rights in the Services, including the software, designs, text, graphics and the Tachyo name and logo. Nothing in these Terms transfers any of those rights to you; you only receive the licence in Clause 2.3.

12.2 Yours. You keep all rights in Customer Data and in your own names and logos. We will not use your name or logo to promote the Services without your consent.

12.3 Feedback. If you give us suggestions or feedback about the Services, we may use them freely without obligation to you.

13.1 Standard of service. We will provide the Services with reasonable skill and care. We do not promise that they will be uninterrupted or error-free, and we do not offer a service level or uptime commitment unless your Order says so.

13.2 Maintenance. We may carry out maintenance and updates that cause short interruptions, and will try to do so at quiet times and to warn you in advance of significant planned downtime.

13.3 Support. Support is by email to support@tachyo.co.uk in UK business hours. We aim to reply within one business day; this is a target, not a commitment.

13.4 Backups. We use a managed database and file-storage provider. Unless your Order says otherwise, we do not promise a particular backup frequency, retention period or recovery time, and you should export any data you cannot afford to lose (see Clause 7.6).

14.1 Mutual. Each party confirms that it has the power and authority to enter into these Terms.

14.2 Disclaimer. Except for the standard of care in Clause 13.1 and anything this agreement expressly promises, and to the extent the law allows, we give no warranty or condition, express or implied, including that the Services will meet your requirements, be fit for a particular purpose, keep you compliant with any law, or achieve any particular business result. The Services are a decision-support tool.

15.1 What is never limited. Nothing in this agreement limits or excludes either party’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.

15.2 Excluded losses. Subject to Clause 15.1, neither party is liable to the other, in contract, tort (including negligence), breach of statutory duty or otherwise, for loss of profit, revenue, business, contracts, goodwill or anticipated savings, or for any indirect or consequential loss. We are also not liable for fines, penalties or regulatory sanctions imposed on you or your Drivers to the extent they result from your or your Users’ acts or omissions or from data you entered.

15.3 Cap. Subject to Clause 15.1, each party’s total liability to the other arising out of or in connection with this agreement in any 12-month period starting on the date your account is created or an anniversary of it is limited to the greater of (a) the Fees you paid or owed for that period and (b) £1,000. This cap does not limit your obligation to pay Fees or your liability under Clause 16.

15.4 Data. Where Customer Data is lost or corrupted because we did not use reasonable skill and care, our liability is limited under Clause 15.3 and is limited to the reasonable cost of restoring the data from the most recent copy that is available to us. We are not liable for loss you could have avoided by keeping your own export.

15.5 Reasonableness. The parties agree that these limits reflect the price and the nature of the Services, and are reasonable.

16.1 Indemnity. You will indemnify us against losses, damages, costs (including reasonable legal fees) and fines or penalties that are lawfully recoverable, that we suffer as a result of a claim or action brought against us by a third party, including a Driver, a regulator or an enforcement authority, to the extent the claim arises from: (a) your failure to comply with Clause 8 or your data-protection obligations to Drivers, including failing to establish a lawful basis for monitoring or to give required notices; (b) a pay deduction, shift clock-out or other action that you took or configured; (c) Customer Data that you had no right to provide or that infringes a third party’s rights; or (d) your breach of Clause 11.

16.2 Conditions. We must tell you about the claim promptly, let you conduct the defence and settlement (but you may not settle on terms that admit fault on our behalf or impose obligations on us without our consent, not to be unreasonably withheld), give you reasonable help at your cost, and take reasonable steps to limit the loss.

16.3 Exceptions. The indemnity does not apply to the extent the claim results from our breach of this agreement or the Data Processing Addendum, or from our negligence.

17.1 Obligation. Each party must keep the other’s confidential information confidential, use it only to carry out this agreement, and disclose it only to its staff, advisers and sub-processors who need to know and are bound to keep it confidential.

17.2 Exceptions. This does not apply to information that is public through no fault of the recipient, was already lawfully known to the recipient, is independently developed, or must be disclosed by law or a court or regulator (in which case the recipient will, where lawful, tell the other party first). The obligation lasts for the term and five years afterwards, and for as long as the information remains a trade secret.

18.1 Events beyond our control. Neither party is liable for delay or failure caused by events beyond its reasonable control, including failure of third-party networks, hosting, power or telecoms services, cyber-attack not caused by its negligence, extreme weather, war, terrorism, industrial action (other than its own) and government action. This does not excuse a failure to pay money due.

18.2 Assignment and subcontracting. You may not assign or transfer your rights or obligations without our written consent. We may assign this agreement to a successor to our business and may use subcontractors and sub-processors, and remain responsible for them.

18.3 Notices. Notices to us must be sent to legal@tachyo.co.uk and to our registered office. We may send notices to the administrator email address on your account. An email is treated as received on the next business day after it is sent.

18.4 Entire agreement. This agreement is the whole agreement about its subject and replaces earlier discussions and marketing statements. Each party confirms it has not relied on any statement that is not written in it, but nothing limits liability for fraud.

18.5 Third parties. No one other than the parties has any right to enforce this agreement under the Contracts (Rights of Third Parties) Act 1999.

18.6 Changes to the Terms. We may update these Terms. We will give you at least 30 days’ notice of a change that is materially adverse to you, by email to your administrator or by notice in the Admin Platform. If you object, you may cancel before the change takes effect and we will refund prepaid Fees for the period after cancellation. If you carry on using the Services after the change takes effect you accept it. We may change the Terms immediately where needed to comply with law or protect the security of the Services.

18.7 Other. If a provision is found unenforceable the rest continues. A delay in enforcing a right is not a waiver of it. Nothing creates a partnership, agency or employment relationship. Each party must comply with the laws that apply to it, including sanctions and anti-bribery laws.

19.1 Law. This agreement, and any dispute or claim (including non-contractual claims) arising out of or in connection with it, is governed by the law of England and Wales.

19.2 Raise it first. If a dispute arises, the party raising it must write to the other with details (to us at legal@tachyo.co.uk), and the parties must try in good faith to resolve it for at least 30 days before starting court proceedings. This does not prevent either party seeking urgent court relief, or us claiming undisputed Fees.

19.3 Courts. The courts of England and Wales have exclusive jurisdiction.