Terms & Conditions of Use
1. Who we are and what these terms cover
1.1 These Terms and Conditions ("Terms") govern your access to and use of the PlanIt Flooring software platform, including its flooring estimation, roll optimisation, quoting and CRM features, together with any related websites, applications and services (the "Service").
1.2 The Service is provided by PlanIt Flooring Limited, a company registered in England and Wales under company number 17301169, whose registered office is at Incuhive Space, Hursley Park Road, Hursley, Winchester, Hampshire, England, SO21 2JN ("we", "us", "our").
1.3 "You" or "your" means the business or individual who registers for, accesses or uses the Service.
1.4 By creating an account, accessing or using the Service, you confirm that you accept these Terms and that you have authority to bind the business on whose behalf you are acting. If you do not accept these Terms, you must not use the Service.
1.5 The Service is intended for use by flooring retailers, fitters, contractors and similar trade users in the course of their business. It is not intended for use by consumers.
2. The Service
2.1 The Service provides software tools to assist you in estimating flooring requirements, optimising roll and material cutting, generating quotes, and managing customer and job records.
2.2 We may add, change, suspend or remove features of the Service from time to time. We will give you reasonable notice of any material change that adversely affects your use, where practicable.
2.3 We do not guarantee that the Service will be available uninterrupted or error-free. We will use reasonable efforts to maintain availability but may need to suspend access for maintenance, updates or technical reasons.
3. Accuracy of estimates, calculations and outputs
This clause matters most for a tool that produces measurements and quotes. It works on a "garbage in, garbage out" basis: what the Service gives you back depends entirely on what you put in, and the duty to check every figure before you rely on it rests with you.
3.1 The estimates, measurements, roll and cut optimisations, quantities, quotes and other results produced by the Service (together, "Outputs") are indicative decision-support aids only. They are generated from the information you input and are not a substitute for your own professional measurement, judgement and checking.
3.2 You are solely responsible for independently verifying every measurement, quantity, cut, allowance, wastage figure and quote produced by the Service before you rely on it to order material, cut material, fit, or quote a customer.
3.3 We do not warrant that any Output is accurate, complete or fit for a particular job. The accuracy of any Output depends on the accuracy and completeness of the information you provide and on factors outside our control, including site conditions, material characteristics, pattern repeats and fitting method.
3.4 We are not liable for any loss, cost or damage arising from a miscalculation, error or omission in any Output that you did not identify and correct through your own independent checks. By using the Service you accept that the duty to verify rests with you.
4. Your account and eligibility
4.1 To use the Service you must register an account and provide accurate, current and complete information. You must keep your account details up to date.
4.2 You are responsible for keeping your login credentials confidential and for all activity that takes place under your account. You must notify us promptly if you suspect any unauthorised use.
4.3 You must be acting in the course of a business and be at least 18 years old to use the Service.
5. Fees and payment
5.1 As an early adopter, you pay nothing to use the Service for at least 12 months from the date you register. After any free period, access continues on the subscription plan and at the fees set out at our pricing page (the "Fees").
5.2 Unless stated otherwise, Fees are exclusive of VAT, payable in advance, and are billed on a recurring basis using the payment method you provide.
5.3 If a payment fails or is overdue, we may suspend your access to the Service until the amount due is paid. We will give you reasonable notice before doing so where practicable.
5.4 Except where required by law, Fees already paid are non-refundable. We may change our Fees on at least 30 days' notice, with any change taking effect from your next renewal.
6. Acceptable use
6.1 You must not: (a) use the Service unlawfully or for any unlawful purpose; (b) attempt to copy, reverse-engineer, decompile or extract the source code of the Service, except to the extent permitted by law; (c) resell, sublicense or make the Service available to any third party other than your authorised users; (d) introduce malicious code or attempt to gain unauthorised access to the Service or its underlying systems; or (e) use the Service in a way that disrupts or damages it or other users' use of it.
6.2 You are responsible for the conduct of your authorised users and for ensuring they comply with these Terms.
7. Intellectual property and licence
7.1 We (or our licensors) own all intellectual property rights in the Service, including its software, design, structure, content, branding and underlying methods. Nothing in these Terms transfers any of those rights to you.
7.2 We grant you a non-exclusive, non-transferable, revocable licence to use the Service for your own internal business purposes for as long as these Terms apply and your account is in good standing.
7.3 You retain ownership of the data and content you input into the Service ("Your Data"). You grant us a licence to host, process and use Your Data as needed to provide the Service, to improve and develop the Service, and to create and use Aggregated and Anonymised Data, all as described in clause 8.
8. Data protection, and our use of anonymised data
8.1 Each party will comply with applicable data protection law, including the UK GDPR and the Data Protection Act 2018.
8.2 Where the Service stores or processes personal data about your customers or contacts on your behalf (for example within the CRM), you are the data controller and we act as a data processor. The details of that processing are set out in our Data Processing Agreement (available on request via info@planitflooring.com), which forms part of these Terms.
8.3 We process your account and usage data as described in our Privacy Policy, which also forms part of these Terms.
8.4 You are responsible for ensuring you have a lawful basis to input any personal data into the Service and for complying with your own obligations to the individuals whose data you store, including (where required) informing those individuals that aggregated and anonymised insights may be derived from the data in accordance with clause 8.5.
Our use of aggregated and anonymised data
8.5 We continuously develop the Service and produce market-level insight and benchmarking from how the Service is used. To do this, we may create datasets derived from Your Data and from your use of the Service which have been aggregated and irreversibly anonymised so that no individual person, no customer or contact of yours, and no identifiable business can be identified or re-identified from them ("Aggregated and Anonymised Data").
8.6 You agree that we may retain, use, reuse, combine, analyse, publish, commercialise and license Aggregated and Anonymised Data for any lawful purpose, including improving and developing the Service, producing analytics and benchmarking, generating market and demand intelligence, and creating products or reports for third parties such as suppliers, manufacturers and distributors. This right survives termination of your account and these Terms.
8.7 We will anonymise such data using recognised techniques (including aggregation, removal of direct and indirect identifiers, and application of a suitable minimum-aggregation threshold) so that the result does not constitute personal data under the UK GDPR. Aggregated and Anonymised Data, once created, is owned by us.
8.8 For clarity: clause 8.5 to 8.7 does not give us the right to use Your Data in personally identifiable form for our own separate purposes. Our use of personal data within Your Data as a processor remains governed by clauses 8.2 and 8.3 and the Data Processing Agreement. The reuse rights in this clause apply only to data that has first been aggregated and anonymised so that it is no longer personal data.
9. Limitation of liability
UK law does not allow certain liabilities to be excluded (see 9.1). The cap and exclusions below are common for B2B SaaS.
9.1 Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by law.
9.2 Subject to clause 9.1, we are not liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any:
- (a) loss arising from inaccurate, incomplete or unverified information you input, or from Outputs you did not check (see clause 3);
- (b) cost of wasted, over-ordered, under-ordered or mis-cut material;
- (c) loss of profit, revenue, business, contracts, goodwill or anticipated savings;
- (d) loss arising from your reliance on the Outputs without independent verification; or
- (e) indirect or consequential loss.
9.3 Subject to clauses 9.1 and 9.2, our total aggregate liability arising out of or in connection with the Service in any 12-month period is limited to the total Fees you paid to us in the 12 months immediately before the event giving rise to the liability, or £100 where no Fees have been paid.
9.4 The Service is provided without warranties of any kind except those that cannot be excluded by law.
10. Suspension and termination
10.1 You may stop using the Service and cancel your subscription at any time by emailing info@planitflooring.com to close your account. Cancellation takes effect at the end of your current billing period.
10.2 We may suspend or terminate your access if you materially breach these Terms (including non-payment) and, where the breach is capable of remedy, fail to remedy it within 14 days of being asked.
10.3 On termination, your licence to use the Service ends and we may delete Your Data in accordance with our retention policy and the Data Processing Agreement. For the avoidance of doubt, our rights over Aggregated and Anonymised Data created before termination survive under clause 8.6.
11. Changes to the Service and these Terms
11.1 We may update these Terms from time to time. If we make a material change, we will give you reasonable notice by email or in-app notice. Your continued use of the Service after the change takes effect means you accept the updated Terms.
12. Confidentiality
12.1 Each party will keep confidential any non-public information disclosed by the other that is marked or would reasonably be understood to be confidential, and will use it only as needed to perform these Terms. This clause does not apply to Aggregated and Anonymised Data, which is governed by clause 8.
13. General
13.1 If any provision of these Terms is found to be invalid or unenforceable, the rest remains in force.
13.2 We may transfer our rights and obligations under these Terms to another organisation. You may not transfer yours without our prior written consent.
13.3 No delay in enforcing these Terms is a waiver of our rights. A person who is not a party to these Terms has no rights to enforce them under the Contracts (Rights of Third Parties) Act 1999.
13.4 These Terms are the entire agreement between us in relation to the Service and supersede any prior arrangement.
14. Governing law and jurisdiction
14.1 These Terms and any dispute arising out of or in connection with them are governed by the law of England and Wales.
14.2 The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service.
15. Contact
15.1 Questions about these Terms? Contact us at info@planitflooring.com or write to us at our registered office above.