Terms of service

1. Who this is between

These terms are an agreement between YNK Digital Ltd ("we", "us"), a company registered in England & Wales, company number 17432710, registered office 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom, and the business that opens a Fisem account ("you"). By creating an account or using Fisem you accept these terms.

Fisem is sold to businesses, not to consumers. If you are signing up on behalf of a company, you confirm you are authorised to bind it.

2. Your account

• You are responsible for everything done under your account, including by the users you invite.
• Keep credentials secure and tell us promptly if you think an account has been compromised.
• Give us accurate details and keep them up to date — we rely on them for billing and service notices.
• Each named user is one person. Accounts must not be shared between engineers to avoid the per-user price.

3. Free trial

The trial runs for 30 days and needs no payment card. You get the full feature set — nothing is held back to make the trial fail. At the end you can choose a plan, or do nothing: the account simply stops, and we do not charge you.

Trial data is kept for [e.g. 30 days] after the trial ends so you can pick it up if you come back, then deleted.

4. Plans and payment

Plans are Starter, Basic, Standard, Pro and Enterprise, each with a user allowance, at the prices shown on our pricing section. Extra users beyond a plan's allowance are £19 per user per month. Enterprise (20+ users) is priced individually.

• Fees are billed [monthly / annually in advance] and are exclusive of VAT, which is added at the prevailing rate.
• Add users at any time; the change is charged [pro rata from the date of the change].
• Move down a plan or remove users with effect from [the next billing period].
• We may change prices on [e.g. 30 days'] notice. If you do not accept a change you may cancel before it takes effect.
• If payment fails we will tell you and retry. If an invoice remains unpaid after [e.g. 14 days] we may suspend the account; we will not delete your data without warning you first.

Fees already paid are non-refundable except where the law requires otherwise or we agree in writing.

5. Acceptable use

You agree not to:

• break the law with the service, or use it to store or send unlawful material;
• try to breach its security, access another customer's data, or probe the system without our written permission;
• reverse-engineer, copy or resell the software, or use it to build a competing product;
• place a load on the service that damages it for other customers, or scrape it in bulk;
• upload malicious code, or anything you do not have the right to hold.

We may suspend an account that is causing harm to the service or to others. Where we can, we will warn you first and give you a chance to put it right.

6. Your data

Your data stays yours. Records about your customers, sites, equipment, jobs and certificates belong to you. We hold them to provide the service and for no purpose of our own: we do not sell them, mine them, or use them to market to your customers.

For that data you are the controller and we are the processor. How we handle personal data is set out in the privacy notice; customers who need a formal data processing agreement can ask us for one.

You can export your data at any time while your account is open. After it closes we keep it for [e.g. 90 days] so you can retrieve it, then delete it.

You are responsible for the accuracy of what you record, and for the statutory certificates issued from it. Fisem helps you evidence compliance work — it does not perform it, and it does not replace the qualifications and duties that sit with your engineers and your business.

7. Our software

Fisem, its code, design and documentation remain ours. Your subscription is a non-exclusive, non-transferable licence to use the service while the agreement is in force — nothing more is granted, by implication or otherwise.

If you send us feedback or ideas we may use them to improve the product without owing you anything for them. We will never publish your name or your customers' details as an example without asking you first.

8. Availability and support

We aim for [e.g. 99.5%] monthly availability, excluding planned maintenance, which we schedule outside UK working hours and announce in advance where we can.

Support is by email on Starter, Basic and Standard plans, and priority support on Pro and Enterprise — target first response [e.g. one working day / four working hours], during [support hours].

The engineer app works offline by design, so a loss of connectivity does not stop work on site. We cannot be responsible for the networks, devices or third-party services between you and us.

9. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, neither party is liable for loss of profit, revenue, goodwill, anticipated savings or for indirect or consequential loss. Our total liability in any twelve-month period is limited to the fees you paid us in the twelve months before the claim.

The service is provided as it is. We do not warrant it will be uninterrupted or error-free, and you are responsible for satisfying yourself that it is suitable for how your business works before you rely on it.

10. Ending the agreement

• You can cancel at any time from inside the account or by writing to us; it takes effect at the end of the current billing period.
• We may end the agreement on [e.g. 30 days'] notice, or immediately if you materially breach these terms and do not fix it within [e.g. 14 days] of being asked.
• Either party may end it immediately if the other becomes insolvent.

On termination your access stops, and section 6 governs what happens to your data.

11. Changes to these terms

We may update these terms as the product changes. We will post the new version here and, where the change materially affects you, tell account holders at least [e.g. 30 days] beforehand. Continuing to use Fisem after a change takes effect means you accept it.

12. Law and disputes

These terms are governed by the law of England & Wales, and the courts of England & Wales have exclusive jurisdiction. If something goes wrong, talk to us first — nearly everything is quicker to resolve that way.

These terms, together with the privacy notice and any order you place, are the whole agreement between us on this subject.