Terms of Service
Last updated: {{EFFECTIVE_DATE}}
These Terms of Service (the "Terms") are a contract between {{COMPANY_LEGAL_NAME}} (company number {{COMPANY_NUMBER}}), whose registered office is at {{REGISTERED_ADDRESS}} ("Estate Ops", "we", "us"), and the organisation that subscribes to the Service (the "Customer", "you"). They govern your use of the Estate Ops web portal and mobile application (the "Service").
By creating an account, accepting an order, or using the Service, you agree to these Terms. If you are agreeing on behalf of an organisation, you confirm you have authority to bind it.
Safety notice — please read. The Service includes field-safety features (SOS,
lone-worker monitoring and fall alerts). These are an aid only and depend on
third-party networks, devices and connectivity. **They are not a substitute for
the emergency services. In an emergency always call 999 (or your local emergency
number).** See clause 9.
1. The Service
1.1 We provide the Service on a subscription basis as described in your order or on our website. We may improve, change or add features from time to time, and will not materially reduce the core functionality you pay for during a paid term without notice.
1.2 We provide the Service with reasonable skill and care and will use commercially reasonable efforts to keep it available, but we do not guarantee uninterrupted or error-free operation.
2. Accounts and access
2.1 You are responsible for setting up user accounts for your staff, contractors and authorised family safety contacts ("Users"), and for the acts and omissions of your Users.
2.2 You and your Users must keep login credentials secure and must not share accounts. Tell us promptly if you suspect any unauthorised access.
2.3 We may suspend an account or access where reasonably necessary to protect the Service, other customers, or to comply with law (clause 11).
3. Customer responsibilities and data protection
3.1 You are the controller of the personal data you and your Users put into the Service. We are your processor. Our processing is governed by our Data Processing Agreement (the "DPA"), which forms part of these Terms, and our Privacy Policy.
3.2 You are responsible for: (a) having a lawful basis to process the personal data you put into the Service; (b) where you enable location, lone-worker or safety features that monitor people, informing those people and meeting your transparency and (where relevant) consultation obligations; and (c) the accuracy of the data you enter.
3.3 You must use the Service in line with our Acceptable Use Policy.
4. Fees and payment
4.1 You will pay the fees set out in your order. Unless stated otherwise, fees are exclusive of VAT and are payable in advance for the subscription term.
4.2 We may change fees for a renewal term on reasonable prior notice. Late payments may incur interest at the statutory rate and may lead to suspension under clause 11.
5. Intellectual property
5.1 We and our licensors own all intellectual property rights in the Service. We grant you a non-exclusive, non-transferable right to use the Service during your subscription for your internal business purposes.
5.2 You and your Users own the content and data you put into the Service ("Customer Data"). You grant us the rights needed to host and process Customer Data to provide the Service.
5.3 If you give us feedback, we may use it to improve the Service without obligation to you.
6. Confidentiality
Each party will protect the other's confidential information with reasonable care and use it only to perform these Terms, except where disclosure is required by law.
7. Sub-processors and third-party services
We use the sub-processors listed at Sub-processors to host and operate the Service. Map imagery, messaging and push-notification delivery rely on third-party providers whose availability we do not control.
8. Warranties
8.1 Each party warrants it has authority to enter these Terms.
8.2 Except as expressly stated, the Service is provided "as is" and we disclaim all other warranties to the fullest extent permitted by law, including implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these Terms excludes liability that cannot be excluded by law.
9. Field-safety features — important limitations
9.1 The SOS, lone-worker monitoring and fall-detection features are tools to help you manage safety. They depend on factors outside our control, including device condition and settings, battery, mobile and internet connectivity, GPS accuracy, and the messaging, push and telephony networks of third parties.
9.2 We do not warrant that any alert, notification or message will be generated, delivered, received or acted on, in time or at all. The features are not a monitored alarm service and are not a substitute for the emergency services, medical advice or your own safe systems of work. In an emergency, call 999.
9.3 The fall-detection feature is not a medical device and is not intended to diagnose, monitor or treat any medical condition.
9.4 You are responsible for your own health-and-safety and lone-worker arrangements, including risk assessments and emergency procedures. You should not rely on the Service as your sole safety control.
10. Limitation of liability
10.1 Nothing in these Terms limits or excludes either party's liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability that cannot lawfully be limited.
10.2 Subject to clause 10.1, neither party is liable for: loss of profits, revenue, business, goodwill or anticipated savings; or any indirect or consequential loss.
10.3 Subject to clauses 10.1 and 10.2, each party's total aggregate liability arising out of or in connection with these Terms (whether in contract, tort including negligence, or otherwise) in any 12-month period is limited to the total fees paid or payable by you for the Service in that period.
10.4 You acknowledge that the field-safety limitations in clause 9 are reasonable given the nature of the features and the fees charged.
11. Suspension
We may suspend the Service or any account where: there is a security risk; you materially breach these Terms (including non-payment or breach of the Acceptable Use Policy); or we are required to by law. We will restore access promptly once the cause is resolved.
12. Term and termination
12.1 These Terms apply for the subscription term and any renewals.
12.2 Either party may terminate for material breach not remedied within 30 days of notice, or immediately if the other becomes insolvent.
12.3 On termination, your right to use the Service ends. We will, on request and in line with the DPA, make Customer Data available for export for a limited period and then delete or anonymise it, except where we must retain it by law.
13. Changes to these Terms
We may update these Terms. For material changes we will give reasonable notice (for example by email or in-app). Continued use after changes take effect means you accept them.
14. General
14.1 These Terms, the DPA and your order form the entire agreement between us.
14.2 Neither party may assign these Terms without the other's consent, except to a group company or on a sale of its business.
14.3 No third party has rights under the Contracts (Rights of Third Parties) Act 1999.
14.4 These Terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
15. Contact
Questions about these Terms: {{LEGAL_EMAIL}}, or {{COMPANY_LEGAL_NAME}}, {{REGISTERED_ADDRESS}}.