Terms of Service

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1 Who we are and how these Terms apply

These Terms are between you, the Customer, and FD Check Ltd, company number 14646975, registered in England and Wales at 63-65 Heworth Road, York, YO31 0AA, VAT number GB 491 2658 70. FD Check operates the Platform and provides the Services described in an applicable order.

These Terms, the relevant order or plan, the Data Processing Agreement (DPA), and any documents expressly incorporated into an order form the contract. If there is a conflict, the DPA prevails on data protection matters and the order prevails over these Terms only where it expressly says so.

You accept these Terms by signing an order, accepting an order online, creating an Account, starting a free trial or using the Platform. The Platform is a business service and is not offered for personal consumer use.

2 Definitions

In these Terms:

• Account means the Customer account used to access the Platform.
• Authorised User means a User whom the Customer permits to access the Platform.
• Client Portal means the part of the Platform made available to invited clients for viewing documents and taking permitted actions.
• Content means text, images, documents, templates, software and other material available through the Platform.
• Customer Data means data, photographs, reports, records and other material submitted to or generated in the Platform for the Customer.
• FD Check Materials means the Platform, its software, documentation, templates, interfaces and materials supplied by FD Check.
• Output means reports, schedules, summaries or other results generated through the Platform.
• Platform means the FD Check online application and related field, portal and offline functionality.
• Responsible Person has the meaning given in applicable fire safety legislation and guidance.
• Subscription means a paid plan for access to the Platform.
• Subscription Term means the period for which a Subscription is ordered or renewed.
• User means an individual using the Platform, including an Authorised User and an invited Client Portal user.

3 Eligibility and account registration

The Customer must be a business or other organisation and each individual creating or using an Account must be at least 18 years old. Account details must be complete, current and accurate.

The Customer is responsible for choosing Authorised Users, giving them only the access they need, and removing access when it is no longer appropriate. Credentials are personal, must be kept confidential and must not be shared. The Customer must promptly notify FD Check of suspected unauthorised access.

The Customer must ensure that all use of the Platform, including inspection information and uploaded material, is accurate, lawful and suitable for the intended purpose.

4 Free trial

Unless an order says otherwise, a free trial lasts 30 days, covers up to five doors, requires no payment card and provides access to the Platform for evaluation. Reports are view-only during the trial and downloading or printing reports requires a Subscription.

Trial data is not deleted just because the trial ends. On cancellation, the Customer may export everything during the [Export window], after which FD Check will delete the data in line with clause 16 and the DPA.

The trial is provided for evaluation without warranties, to the extent permitted by law. FD Check may limit, suspend or end a trial where there is misuse or a security or operational risk.

5 Subscriptions, plans, fees and payment

The available plans are Basic, Pro and Pro Maintenance. Each plan includes the features stated in the applicable order or Platform description. The billing cycle is [Billing cycle]; fees are [Subscription fee] and are payable in advance.

Fees are non-refundable except where required by law or expressly agreed in writing. VAT and other applicable taxes are payable in addition at the prevailing rate. The Customer must provide a valid payment method and authority to take payment.

FD Check may retry failed payments, restrict access after reasonable notice of non-payment and charge [Interest rate] on overdue sums where permitted. FD Check may change prices on [Price change notice period] notice. A change does not affect a prepaid period unless the order says otherwise.

6 Licence to use the Platform

For the Subscription Term, FD Check grants the Customer a limited, non-exclusive, non-transferable licence to let its Authorised Users use the Platform for the Customer's internal business operations.

The Customer must not copy, modify, reverse engineer, decompile, disassemble, rent, resell, sublicense, scrape, interfere with, or attempt to discover the source code of the Platform. It must not use the Platform to build or support a competing product, or permit access beyond the permitted Users and plan limits.

FD Check and its licensors own the FD Check Materials. The Customer retains ownership of Customer Data. Any feedback may be used by FD Check without restriction, provided it does not identify the Customer or disclose its confidential information.

7 Customer Data, privacy and data protection

The Customer owns Customer Data and grants FD Check a non-exclusive licence to host, copy, adapt, transmit and otherwise process it as necessary to provide, secure, support and improve the Platform and comply with law.

For Customer Data processed on the Customer's documented instructions, the Customer is usually the controller and FD Check is usually the processor. The DPA forms part of these Terms and governs that processing. Each party will comply with Applicable Data Protection Law.

The Customer is responsible for having a lawful basis, providing privacy information, obtaining any required permissions, responding to individuals and ensuring its instructions and Customer Data are lawful. FD Check will maintain appropriate security, use authorised sub-processors and retain data as described in the DPA and applicable order. Transfers and retention are subject to the DPA.

Security contact: [Security contact email].

8 Client Portal and electronic approvals

The Customer may invite a client or other person to the Client Portal. It must verify invitations and access rights and is responsible for the documents and permissions it makes available.

An electronic approval may record the approver's name, date, document, action and other audit information. The Customer is responsible for ensuring that a person using an approval function has authority to act and that the underlying document is accurate.

The Platform maintains an audit trail, but FD Check does not guarantee that an electronic approval is legally binding in every situation or jurisdiction, nor that the audit trail cannot be challenged.

9 Acceptable use and location features

The Customer must not upload unlawful, infringing, harmful, discriminatory, misleading or malicious content, or use the Platform to endanger people, test security without permission, or breach another person's rights.

Where enabled, GPS and device features may support scheduling, attendance evidence and lone-worker safety. The Customer must tell its engineers and contractors what is collected, why it is collected and the lawful basis for collection. The Platform is not an emergency response or lone-worker system and must not be relied on as one.

FD Check may investigate suspected misuse and may warn, restrict, suspend or terminate access where reasonably necessary to protect the Platform, users or others.

10 Third-party services, integrations and AI-assisted features

Third-party services and integrations may be available through links, APIs or connectors. They are subject to their own terms and privacy notices, and FD Check is not responsible for their availability or content.

Imported external reports must be checked by the Customer for completeness and accuracy. AI-assisted features may help organise or generate content, but every output requires human review by a suitably competent or authorised person and is never a certification of safety or compliance.

11 Service availability, support and changes

FD Check will use reasonable endeavours to keep the Platform available but does not guarantee uninterrupted availability or a particular uptime. Maintenance, updates, security work and events outside FD Check's control may affect access.

Support is provided through [Support channel and hours]. FD Check may change the Platform, provided it does not materially reduce the core functionality of the Customer's then-current plan without reasonable notice.

Offline and field mode may store data on a device until synchronisation. The Customer must review sync conflicts and remains responsible for the accuracy of the resulting record.

12 Professional and regulatory disclaimer

The Platform is a software tool only. FD Check is not a fire safety consultant, inspector or certifying body through the Platform. Responsibility for compliance, inspection decisions, remedial work, records and the duties of the Responsible Person rests with the Customer and the relevant Responsible Person.

The Platform does not certify that a door, building or system is safe or compliant. Any professional services are subject to separate terms and a separate scope.

13 Intellectual property, trade marks and QR labels

FD Check Materials, trade marks, designs and software are protected by intellectual property rights. The Customer may use QR labels generated by the Platform with its permitted records, but must not remove ownership notices, reproduce FD Check branding as its own or use labels for an unlawful purpose.

14 Warranties and disclaimers

Each party warrants that it has authority to enter into the contract. Except for express warranties in an order, the Platform and trial are supplied on an “as available” basis. FD Check disclaims all warranties not required by law, including that the Platform will identify every defect or satisfy every regulatory requirement.

15 Liability and indemnity

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to that protection, neither party is liable for indirect or consequential loss, loss of profit, revenue, business, goodwill or anticipated savings. FD Check's total liability is capped at [Liability cap] in the relevant [Liability cap period].

During the free trial, FD Check's total liability is capped at [Trial liability cap], subject to the exclusions above.

Liability arising from data protection law is subject to [Data protection liability allocation]. The Customer will indemnify FD Check against third-party claims and losses arising from unlawful Customer Data, the Customer's breach, or use of the Platform outside these Terms, subject to prompt notice and reasonable cooperation.

16 Term, suspension and termination

These Terms start on acceptance and continue while an order or Subscription is active. A Subscription renews for [Renewal term] unless cancelled by [Cancellation notice].

Either party may terminate for a material breach not remedied within [Remedy period], insolvency or where law requires. FD Check may suspend access for non-payment, security risk, unlawful use or material breach after reasonable notice where practicable.

Cancellation requests must be sent to [Cancellation email address]. On termination or cancellation, access ends except for the export window. FD Check will make Customer Data available for export for [Export window] so the Customer can download everything, and then delete it from active systems within [Deletion period], subject to law, backups and the DPA. Accrued rights and clauses intended to survive termination continue.

17 Confidentiality

Each party must protect the other party's confidential information, use it only for the contract and disclose it only to personnel, advisers and suppliers who need to know and are bound by confidentiality duties. This does not apply to information that is public without breach, already known lawfully, independently developed or required to be disclosed by law.

18 Force majeure

Neither party is responsible for delay or failure caused by events beyond reasonable control, including network failure, power loss, cyberattack, epidemic, industrial action, natural disaster or government action. The affected party will notify the other and take reasonable steps to reduce the effect.

19 Changes to these Terms

FD Check may update these Terms to reflect changes in law, security, the Platform or its business. It will give reasonable notice of material changes. Continued use after the effective date constitutes acceptance; the Customer may cancel where the change materially disadvantages it and the notice permits cancellation.

20 Notices

Notices must be in writing and sent to the contact details in the order or to alex@fdcheck.com. A notice is deemed received when delivered by hand, on confirmation of email delivery, or [Notice period] business days after posting.

Cancellation requests: [Cancellation email address].

21 General provisions

These Terms and the documents they incorporate are the entire agreement and replace earlier discussions about the Platform. The Customer may not assign the contract without FD Check's consent; FD Check may assign it as part of a business transfer. FD Check may use subcontractors while remaining responsible for its obligations.

The parties are independent contractors and nothing creates a partnership, agency or employment relationship. If a provision is invalid, it will be adjusted or removed only to the extent necessary. A waiver must be written and applies only to the stated instance. No person other than a party has rights under the Contracts (Rights of Third Parties) Act 1999. The parties may contract electronically.

22 Governing law and jurisdiction

These Terms and any dispute or claim arising from them are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, subject to any mandatory rights a party cannot waive.

23 Contact details

FD Check Ltd · English and Welsh registered company number 14646975 · registered office 63-65 Heworth Road, York, YO31 0AA. VAT registered: VAT number GB 491 2658 70 (registration number 491 2658 70). Contact: alex@fdcheck.com. ICO registration number: [ICO registration number]. Website: https://fdcheck.ltd. Platform: https://fdcheck.app.

Template status: this document is pending review by a qualified solicitor and is not yet final.