Terms and Conditions

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

1A. Quality Management Support and MCS Certification

1A.1 This section applies where you use The Code or other quality management functionality within the Services for the purposes of your trade, business or profession (the “QMS Features”). The QMS Features are designed to assist you in organising and maintaining quality management processes, documentation and supporting evidence relevant to the Microgeneration Certification Scheme (“MCS”). They support your compliance activities but do not themselves confer MCS certification or approval.

1A.2 Templates, checklists, guidance, prompts, automated checks and other materials provided through the QMS Features are not an exhaustive statement of every requirement that may apply to your business or any particular installation. We do not warrant that they will identify every applicable requirement, omission or non-conformity. The absence of a requirement from the QMS Features does not mean that the requirement does not apply. A completion status or automated result relates to the information and checks covered by that feature and is not a certification decision or an independent audit of your business or installation.

1A.3 You remain responsible for identifying and complying with the requirements applicable to your business, certification scope and installations; providing accurate and complete information; reviewing and adapting documents and processes to your circumstances; implementing those processes in practice; and obtaining any necessary competent review, technical supervision and approval. You must review outputs before relying on them or submitting them to a customer, certification body or other third party.

1A.4 MCS requirements, applicable standards and their interpretation may change. You are responsible for checking the requirements and editions applicable to your work, including any relevant transition arrangements, and for seeking clarification from your certification body where necessary. This does not affect any express obligation we have agreed in writing concerning updates to the QMS Features.

1A.5 Use of the QMS Features does not guarantee that you will obtain or retain MCS certification, pass an assessment, avoid non-conformities, or secure acceptance of any document or evidence. Those outcomes depend on your actual business practices, installations and supporting evidence, and on decisions made by MCS and the relevant certification body.

1A.6 We are not responsible for non-compliance to the extent that it is caused by inaccurate or incomplete information supplied by you, your failure to implement the necessary processes and controls, or your failure to obtain required review or approval. Any liability arising from an error or omission in the QMS Features is subject to section 22 and paragraph 1A.7 below.

1A.7 This section does not remove any obligation we have to exercise reasonable care and skill in providing the QMS Features or to perform any express contractual commitment. Nothing in these Legal Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

1B. Professional Review and AI-Assisted Services

1B.1 The Services are intended to support, not replace, professional judgement. Outside the specialist QMS obligations described in section 1A, users remain responsible for checking the accuracy, completeness and suitability of measurements, calculations, heating designs, reports, specifications, recommendations and other outputs before implementing them or supplying them to customers or regulators.

1B.2 Users remain responsible for satisfying applicable laws, Building Regulations, relevant British Standards, manufacturer instructions, MCS requirements where applicable and other professional or certification requirements relating to their work. The Services do not, by themselves, guarantee approval, certification, compliance or any particular technical outcome.

1B.3 Some features use artificial intelligence, machine learning or automated processing to answer calls, assist with calculations and business workflows, generate documents or communications, analyse data or make recommendations ("AI Outputs"). AI Outputs may be inaccurate, incomplete, misleading, inconsistent or unsuitable for a particular purpose. Users must exercise appropriate human oversight and verify material AI Outputs before relying on, publishing, sending or implementing them, especially in matters involving safety, compliance, finance or customers.

1B.4 Users are responsible for prompts, instructions and data submitted to AI features and for ensuring that their use of AI Outputs is lawful and suitable. The Company does not warrant that AI Outputs will be unique, free of errors or independently protectable by intellectual property rights. Similar outputs may be produced for other users.

1B.5 Where AI-assisted telephone or messaging functionality is supplied, automated answering, summaries, transcriptions, bookings and suggested responses may require human review. Customers remain responsible for their business decisions, any information or offers communicated on their behalf, and for providing appropriate notices to callers and contacts where required by law.

1B.6 Nothing in this section removes any express contractual commitment of the Company or excludes or limits any liability that cannot lawfully be excluded or limited.

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).

Our Content and Marks are protected by applicable intellectual property laws. References in this section to our proprietary Content do not include Customer Content supplied by customers or their rights in Outputs as described in section 24. The Company retains its rights in the underlying software, platform, branding and pre-existing technology.

Your use of our Services

Subject to payment of the applicable fees and compliance with these Legal Terms, we grant you and your authorised users a limited, non-exclusive, non-transferable, non-sublicensable right to access and use your subscribed Services for legitimate business purposes during the subscription period. This includes creating, downloading, printing, sharing and supplying reports, proposals, calculations, quotations and other permitted Outputs to your own customers in the ordinary course of business.

Except as expressly permitted by these Legal Terms or applicable law, you must not copy, modify, reverse engineer, distribute, resell, sublicense or commercially exploit the Services, our source code, proprietary platform materials or Marks without prior written authorisation. This restriction does not prevent lawful use, export, reproduction or distribution of your own Customer Content or permitted Outputs, or use of authorised integrations and APIs. We reserve all rights not expressly granted.

Your submissions and contributions

Please review this section and the ‘PROHIBITED ACTIVITIES’ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: If you voluntarily send suggestions, comments or feedback about the Services ("Feedback"), you permit us to use that Feedback to develop, improve and market the Services without obligation to compensate you. Feedback does not include Customer Content, confidential business records, customer data or materials submitted in the normal use of the Services, and does not transfer ownership of such materials to us.

Public Contributions: Where the Services expressly enable public posts, forums, testimonials or other materials intended for publication ("Contributions"), you may submit such materials if you have the necessary rights. Public Contributions may be visible to others. Customer Content provided to operate the Services, including customer records, designs, communications, call recordings and business documents, is not a public Contribution unless you intentionally publish it through a relevant feature.

By publishing a public Contribution, you grant us a non-exclusive, worldwide, royalty-free licence to host, copy, display, transmit and otherwise process that Contribution as reasonably necessary to operate, moderate and make available the relevant public feature. We will not treat private Customer Content as a Contribution or acquire a right to sell it merely because you upload or process it through the Services.

You are responsible for the lawfulness and accuracy of your Contributions and confirm that you have any necessary rights and permissions to publish them. You must not post unlawful, defamatory, threatening, discriminatory, infringing or deceptive Contributions. Any personal data contained in Contributions must be processed and shared in compliance with applicable data protection legislation.

We may moderate, restrict or remove public Contributions where we reasonably believe they breach these Legal Terms, infringe third-party rights or create security or legal risks. This power does not give us a general right to publish, exploit or remove private Customer Content unrelated to such issues.

3. User Representations

By using the Services, you represent and warrant that: (1) registration and account information you supply is accurate and kept current; (2) you have authority to enter into these Legal Terms and use the Services on behalf of your organisation where relevant; (3) you are at least 18 years old; (4) you will use the Services lawfully and in accordance with applicable subscriptions; and (5) you will not access the Services through unauthorised automation. Authorised integrations, APIs and automation features supplied or permitted by the Company are allowed.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

We accept the following forms of payment:

• Stripe

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in GBP or Euros.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

6. Subscriptions

Billing and Renewal

Your subscription will automatically renew at the end of your billing cycle unless you cancel it. By subscribing, you authorise us to charge your payment method on a recurring basis for subsequent billing cycles without requiring further approval from you. The length of your billing cycle is determined by the subscription plan you selected when you first signed up for our Services.

Cancellation

You can cancel your subscription at any time by providing us with at least 30 days’ written notice using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at [email protected].

Fee Changes

We may change our service prices occasionally, and we’ll always give you at least 14 days’ notice before any new prices take effect. If you have an ongoing subscription, the new price will apply from your next billing cycle after the notice period. If you don’t agree with the new pricing, you can cancel your subscription before it starts. Any promotional or trial pricing is temporary, and once it expires, standard rates will apply unless we’ve agreed otherwise in writing. All our prices exclude VAT and other taxes, which will be added to your invoice at the current rate. We might also adjust prices annually to account for inflation, operational costs, or service improvements, typically in line with the UK Consumer Price Index (CPI) or a similar benchmark.

If we notify you of a price increase or material reduction in a subscribed allowance and your ordinary 30-day cancellation notice would prevent you from avoiding that change, you may notify us before the change takes effect that you do not accept it. In that case, the affected subscription may be cancelled before the increased price or reduced allowance applies, without applying the ordinary 30-day notice period, subject to any mandatory rights and an agreed minimum term that cannot lawfully be altered.

6A. Fair Usage and Additional Charges

6A.1 Use of the Services is subject to the Fair Usage Policy made available on our website and to the included usage allowances, measurement methods and overage prices clearly communicated and accepted for the relevant subscription. Where the Policy and these Legal Terms conflict, these Legal Terms and any specifically agreed subscription terms take precedence.

6A.2 Applicable AI processing, telephone minutes, emails, messaging and other chargeable usage may be measured per organisation over a monthly usage period. Included allowances do not roll over unless the subscription terms expressly say otherwise. The relevant plan will identify the units measured, billing increments and any overage charges.

6A.3 Where automatic additional-usage billing has been clearly disclosed and authorised, the Company may charge for usage exceeding the included allowance in the agreed increments. We will provide usage alerts under the applicable notification arrangements. Legitimate usage will ordinarily continue without interruption solely because an allowance is exceeded while authorised overage billing remains available and payment obligations are met.

6A.4 For example, where the applicable Engine plan includes 10,000 emails per month and specifies £5 for each additional block of 1,000 emails, any part of an additional 1,000-email block counts as a whole block. Desk AI telephone services may similarly be billed in additional 100-minute blocks, at the price expressly agreed for the applicable plan. These examples do not alter the allowance or price shown in an accepted order.

6A.5 Storage and uploads are initially subject to reasonable fair usage rather than an unannounced numerical storage charge. We may address misuse or material threats to platform security or availability through reasonable, proportionate safeguards. Material changes to usage limits or prices will be notified at least 14 days in advance, subject to any longer contractual or statutory protection, and will not apply retrospectively.

7. Prohibited Activities

You may use the Services for the lawful business purposes for which your selected products are provided, including preparing and supplying customer reports, quotations, marketing content and other authorised materials. You must not misuse the Services or our proprietary technology. In particular, you agree not to:

• Systematically extract, scrape or reproduce proprietary platform data to build a competing database or service without written permission, except for authorised export or transfer of your own Customer Content and permitted Outputs.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Threaten, harass or abuse our staff, contractors or other users, or deliberately publish unlawful defamatory material about the Company or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other material (including spam) that interferes with any party’s use of the Services or modifies, impairs, or disrupts the Services.
• Use unauthorised bots, scripts, scrapers or other automated tools to access or extract platform data, except where such access is permitted through supported features, integrations or APIs.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism (e.g. gifs, 1×1 pixels, web bugs, cookies, or spyware).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services.
• Deploy unauthorised bots, scrapers or software that materially interferes with the Services. This prohibition does not prevent use of authorised automation, integrations or API functionality.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use or extract our proprietary software, code, internal methods or non-public platform materials to develop or assist a competing software service, without our prior written consent. This does not restrict ordinary revenue-generating use of subscribed business features.
• Copy our proprietary software or protected platform materials without permission, except where permitted by applicable law. This does not restrict copying, downloading or sharing your own business records, permitted Outputs or other data you are entitled to export.
• Transfer protected third-party information or proprietary Company materials into another system without authorisation. This prohibition does not prevent ordinary copying, export, authorised integrations or transfers involving your own Customer Content and permitted Outputs.
• Use AI or automated features to produce or distribute unlawful, fraudulent, discriminatory, deceptive or otherwise harmful material.
• Upload or process personal, confidential or third-party information without appropriate rights, authority or lawful grounds.
• Knowingly falsify, distort or misrepresent calculations, installation designs, compliance evidence, reports or customer documents generated or stored through the Services.
• Send unlawful unsolicited messages or marketing communications, impersonate other people, or circumvent unsubscribe, consent or communications safeguards.
• Share account credentials with unauthorised individuals or evade organisation, user, licence, payment or usage restrictions.

7A. Marketing, Communications and Customer Consent

7A.1 Where the Services enable customer communications, automated emails, telephone answering, call recordings, marketing campaigns, texts or other messages, the customer is responsible for the lawfulness and accuracy of the communications it instructs, approves or sends.

7A.2 Customers must identify appropriate lawful grounds for personal-data processing, provide required privacy or recording notices, obtain consent where legally necessary, maintain suppression lists, honour opt-out requests and comply with applicable UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 and any other applicable communications laws.

7A.3 Automated messages and AI-generated communications must be checked for accuracy and appropriateness before use, with adequate safeguards for sensitive or high-impact situations. Customers must not use the Services to send unlawful spam, fraudulent messages, deceptive advertising or communications that infringe third-party rights.

7A.4 We may investigate and proportionately restrict communications where reasonably necessary to address unlawful activity, security threats, delivery reputation or serious breaches of these Legal Terms. This does not affect lawful commercial use or any responsibility that cannot lawfully be excluded.

8. User Generated Contributions

Where we offer a feature for posting content to public forums, reviews, community areas or similar public-facing spaces, you may publish material ("Contributions") in that feature. Such Contributions may be visible to other users or through third-party websites. Customer Content submitted privately to run your business through the Services is not treated as a public Contribution. By intentionally publishing a Contribution, you represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
• You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and authorise us and other users to use your Contributions.
• You have the written consent, release, and/or permission of each identifiable individual person in your Contributions to use their name or likeness.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten any other person or to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. Contribution Licence

By intentionally posting public Contributions, you grant us a limited, non-exclusive, worldwide, royalty-free licence to host, reproduce, transmit, display and moderate them for the purposes of operating the relevant public feature, and to make reasonable technical copies or backups as necessary to provide that feature. This licence does not authorise unrestricted resale or advertising use of your private Customer Content, recordings, customer records, designs or other business materials.

You retain your intellectual property rights in Contributions. You are responsible for ensuring that publication does not infringe third-party rights or disclose confidential or personal information unlawfully. A licence relating to public Contributions does not transfer ownership of customer business data to the Company.

We do not claim ownership of your Contributions. We may remove or restrict public Contributions in accordance with these Legal Terms where reasonably necessary for legal, moderation, security or operational reasons. Our processing of private Customer Content is governed by section 24, our Privacy Policy and any applicable Data Processing Agreement.

10. Mobile Application Licence

Use Licence

If you access the Services through the App, we grant you a limited, revocable, non-exclusive and non-transferable right to install and use it on compatible devices as permitted by your subscription and the relevant app distributor terms. You must not: (1) decompile, disassemble or reverse engineer the App except where permitted by law; (2) copy or alter our underlying software without authority; (3) use the App unlawfully or to infringe rights; (4) remove proprietary notices; (5) resell or sublicense the App without consent; (6) defeat subscription or access controls; (7) use proprietary code or interfaces to develop a competing application; or (8) send unauthorised or unlawful automated communications. These restrictions do not prevent ordinary commercial use, legitimate use by authorised users of the same organisation, or supported integrations and exports.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an ‘App Distributor’): the licence granted to you is limited to a non-transferable licence to use the App on a device utilising the Apple iOS or Android operating systems, in accordance with the applicable App Distributor’s terms of service; we are responsible for providing maintenance and support services as specified in these Legal Terms, and each App Distributor has no such obligation; in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, which may refund the purchase price, if any; you represent that you are not located in an embargoed country or listed on any US government list of prohibited or restricted parties; you must comply with applicable third-party terms; and you acknowledge that the App Distributors are third-party beneficiaries of these terms.

11. Partners We Integrate With

Vieweet

While Vieweet uses its reasonable efforts to maximise the accuracy of its measurements, they remain estimates and may be affected by factors including, but not limited to, image quality, camera positioning, property geometry, lighting conditions, obstructions, user capture methodology and the accuracy of any reference measurements provided.

Vieweet shall not be liable for any direct, indirect or consequential loss arising from reliance on the measurements provided.

11A. Third-Party Services and Integrations

11A.1 Certain Services connect to or depend upon third-party platforms, AI providers, telecommunications networks, payment systems, accounting applications and other integration providers. The features available may depend upon the third party continuing to make its systems or APIs available.

11A.2 Customers may need to accept third-party terms or authorise the transfer of information to an external service in order to use an integration. Customers are responsible for maintaining any third-party accounts, permissions or licences that they control.

11A.3 We may change or replace integrations where reasonably necessary for security, technical, commercial or third-party reasons. Where a change materially reduces essential contracted functionality, we will provide reasonable notice where practicable and respect applicable contractual or statutory rights and remedies.

11A.4 Nothing in this section removes our responsibility for our own contractual obligations or liability that cannot lawfully be excluded.

12. Third-Party Websites and Content

The Services may contain (or you may be sent via the Site or App) links to other websites (‘Third-Party Websites’) as well as articles, photographs, text, graphics, and other content belonging to or originating from third parties (‘Third-Party Content’). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for them. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Content does not imply approval or endorsement by us. If you access Third-Party Websites or use any Third-Party Content, you do so at your own risk, and these Legal Terms no longer govern.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services.

13. Services Management

We may monitor usage and take reasonable, proportionate steps to protect the availability, reliability and security of the Services, including addressing material violations of these Legal Terms, excessive abusive processing, unlawful activity and security threats. Where practicable we will notify the relevant customer before restricting functionality, except where immediate action is reasonably necessary. Normal usage that exceeds an agreed allowance and is subject to authorised overage billing will not alone constitute misuse. Any removal or restriction of Customer Content will take account of applicable contractual and legal obligations.

14. Privacy Policy

Our handling of personal data is described in our Privacy Policy at https://app.termly.io/policy-viewer/policy.html?policyUUID=134f17f2-394d-405f-9cb9-5bd05fd371ee and, where applicable, a Data Processing Agreement. Depending on the processing activity, we may act as an independent controller or as a processor acting on a business customer's documented instructions. International transfers, where they occur, will be handled in accordance with applicable data protection law and appropriate safeguards. Our Privacy Policy and any applicable Data Processing Agreement govern the relevant processing obligations; use of the Services alone is not relied upon as blanket consent for international transfers.

15. Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a ‘Notification’). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

16. Term and Termination

These Legal Terms remain in effect while you are entitled to use the Services. We may suspend or terminate access where reasonably necessary because of material breach, non-payment, unlawful activity, security risks or other grounds expressly provided by the applicable subscription terms or law. Where practicable and appropriate, we will notify you and allow a reasonable opportunity to remedy a breach before suspension or termination. Immediate proportionate action may be taken where needed to protect security, other users or legal compliance. This clause does not remove any statutory rights or agreed remedies.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16A. Data Export, Retention and Exit

16A.1 On expiry or termination of a subscription, access to the relevant Services may end in accordance with the subscription terms. Customers should use available tools to maintain copies of important business records and to export data before their subscription ends.

16A.2 Available export methods, formats and any agreed post-termination retrieval period will depend on the relevant product and documented arrangements. We do not promise indefinite account access or indefinite retention of data after termination.

16A.3 We will handle deletion, return and any necessary retention of personal data processed on a customer's behalf in accordance with applicable data protection law and any applicable Data Processing Agreement, including the customer's lawful instructions and permitted statutory retention.

16A.4 Any separate statutory recordkeeping duties of the customer continue after termination. We will not use account termination as a basis to claim ownership of Customer Content.

17. Modifications and Interruptions

We may update, improve, modify or replace the Services to maintain performance, security, compatibility and functionality. We will use reasonable endeavours to provide advance notice of planned maintenance or changes materially affecting essential functionality where practicable. If a change materially reduces a customer's agreed subscription entitlements, we will respect any applicable contractual or statutory remedies, including termination or refunds where required. Preview, beta and experimental features may change or be withdrawn, subject to any express commitments.

We aim to provide reliable service but cannot guarantee that the Services, third-party integrations or supporting networks will always be uninterrupted or free from error. Temporary maintenance, third-party failures and technical problems may result in interruptions. Nothing in this section excludes liability that cannot lawfully be excluded or overrides an agreed service level commitment.

18. Governing Law

These Legal Terms are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence. Heat Engineer Software Ltd and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Oxford, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in the United Kingdom, or in the EU country in which you reside.

19. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us, the Parties agree to first attempt to negotiate any Dispute (except those expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg. The seat of arbitration shall be Oxford, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief.

20. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. Disclaimer

The Services are provided with the functionality and care required by the applicable contract and law. Calculations, recommendations, AI Outputs and external third-party information must be reviewed in accordance with sections 1A and 1B. Except for any express commitments and rights that cannot lawfully be excluded, we do not guarantee uninterrupted service, that all defects will be corrected immediately, or that any particular technical, commercial or regulatory outcome will be achieved.

22. Limitations of Liability

Subject to the exclusions and protections imposed by applicable law, neither party shall be liable for indirect or consequential loss arising from the Services, including loss of anticipated profit or business opportunity, except to the extent such liability cannot lawfully be limited. To the extent permitted by law and subject to any separately agreed higher cap, the Company's aggregate liability arising out of or in connection with the Services in any rolling twelve-month period shall not exceed the subscription fees actually paid by the customer for the Services during the twelve months immediately preceding the event giving rise to the claim. This cap is subject to any applicable statutory test of reasonableness and must not be construed as excluding an obligation to use reasonable care and skill.

Nothing in these Legal Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or limited. Nothing in these Legal Terms removes rights or remedies that must apply under mandatory law.

23. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services.

24. User Data

Customer Content means the information, customer records, documents, images, designs, measurements, messages, call recordings and other materials that a customer or its authorised users upload, enter or submit through the Services. Customers retain ownership of or their existing rights in Customer Content and confirm that they have the rights and authority necessary to provide it. We may host, store, transmit, process and make technically necessary copies of Customer Content to provide, secure, maintain and support the Services, including through authorised subprocessors, in accordance with applicable data protection law and any Data Processing Agreement. Customers may use, reproduce and share reports, designs, quotations, proposals and other Outputs generated for their lawful business purposes, subject to third-party rights and our pre-existing platform intellectual property. To the extent we own rights in Outputs, we grant customers a non-exclusive, worldwide, royalty-free licence for such ordinary business use. We do not acquire ownership of Customer Content merely because it is processed by the Services. We may maintain backups and operational records in accordance with applicable policies, agreements and law. The customer remains responsible for keeping appropriate independent copies of important business records. Data return and deletion following termination are addressed in section 16A.

25. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

26. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. The Fair Usage Policy and the specific subscription plan information form part of the applicable arrangement to the extent properly notified and agreed, and do not override mandatory legal rights or an expressly agreed subscription term.

27. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: