Clear terms.
No faff.

1. Parties, scope and formation

This business-to-business agreement is between John Lambert, a sole trader trading as Maintain CMMS ("Maintain CMMS", "we", "us") and the organisation identified at registration or checkout ("Customer", "you"). It takes effect when an authorised representative accepts it electronically, places an order that refers to it, or first uses a paid service.

The person accepting confirms they can bind the Customer. The service is offered only for trade, business, craft or professional use, not personal or household use. If mandatory consumer law nevertheless applies, nothing in this agreement removes those statutory rights.

2. Contract documents and definitions

The agreement comprises these terms, the checkout or order confirmation, the Data Processing Schedule below, the Support Policy, the Acceptable Use Policy and any plan description expressly incorporated at checkout. If they conflict, the Data Processing Schedule prevails for personal-data processing, then the order confirmation, then these terms, then the supporting policies.

"Authorised User" means a person the Customer permits to use its workspace. "Customer Data" means information submitted to or generated through that workspace. "Subscription Term" means the paid period shown at checkout and each permitted renewal.

3. The service and licence

Maintain CMMS provides a hosted maintenance-management workspace for the functions included in the selected plan. During the Subscription Term, we grant the Customer a limited, non-exclusive, non-transferable and non-sublicensable right to allow its Authorised Users to use the service for its internal business operations.

Documentation and support materials may be used only with the service. No source code is supplied. Rights not expressly granted remain reserved.

4. Changes, availability and support

We may update the service to improve security, reliability or functionality, or to comply with law. We will not knowingly remove a material paid capability during a current paid period without reasonable notice, unless an urgent security, legal or misuse issue requires earlier action.

We will provide the service with reasonable skill and care. Internet services cannot be guaranteed uninterrupted or error-free. Planned maintenance, emergency work, third-party network failures and events beyond reasonable control may affect availability. The Support Policy explains channels, hours, priorities and response targets; the Service Availability Policy explains the self-service plan position. A contractual SLA applies only if stated in an order signed by both parties.

5. Accounts and security

The Customer must provide accurate details, nominate appropriate administrators, protect credentials, apply suitable permissions and promptly remove access no longer required. Accounts are personal to the Authorised User and must not be shared. The Customer is responsible for authorised activity in its workspace and must promptly report suspected compromise to support@maintaincmms.com.

We may apply proportionate technical limits and security controls. Neither party may knowingly weaken, bypass or interfere with the security of the service.

6. Operational responsibility

The Customer remains responsible for maintenance decisions, statutory inspections, competent-person requirements, safe systems of work, isolation, permits and checking that schedules, records, notifications and imported data suit its operation. Maintain CMMS is an administrative aid and does not replace engineering judgement, legal compliance or workplace safety controls.

The Customer must keep appropriate independent records where law or its risk assessment requires them and must not treat a notification, Flow or Asset Signal as a safety-critical control.

7. Plans, prices and tax

The selected plan, billing interval, price and any applicable tax are displayed before payment and confirmed by Stripe. Fees are charged in advance. Flat plan pricing is not calculated per user or per asset, subject to limits clearly disclosed for that plan.

Payments are processed by Stripe under its own terms. Maintain CMMS does not store complete payment-card details. The Customer is responsible for accurate billing information and any taxes it is legally required to pay, excluding tax on our income.

8. Trials, renewal and price changes

A Demo or evaluation is limited to the period and features shown when it begins and may not be repeatedly recreated using the same identity. No paid subscription starts until checkout is authorised.

Unless checkout clearly states otherwise, a paid subscription renews for the same billing interval and the next fee is charged in advance until cancelled. We will disclose automatic renewal before purchase. A price change applies only to a future renewal after reasonable advance notice; it does not alter a paid period retrospectively.

9. Cancellation, failed payment and refunds

The Customer may switch off renewal at any time through the billing portal or by emailing hello@maintaincmms.com. Access normally continues to the end of the paid period. Except where the agreement is terminated for our unremedied material breach or law requires otherwise, fees already paid are non-refundable and cancellation stops the next renewal.

After failed payment we may retry collection and provide a seven-day grace period to correct billing details. We may then place the account on hold. A hold blocks access but does not itself delete Customer Data.

10. Customer Data and portability

The Customer retains its rights in Customer Data and grants us only the rights needed to host, copy, back up, transmit and otherwise process it to provide, secure and support the service. The Customer is responsible for the accuracy, legality and permissions for Customer Data and must not upload material it has no right to use.

During an active subscription the Customer may use available export functions. Following expiry or termination, the Customer may request a reasonable machine-readable export within 30 days. We may then delete Customer Data in accordance with the Data Processing Schedule, subject to legal retention and protected backup cycles.

11. Confidentiality

Each party must protect the other party’s non-public business, technical and security information using at least reasonable care, use it only to perform this agreement and disclose it only to people who need it and are bound by confidentiality. This does not cover information already lawfully known, independently developed, publicly available without breach or lawfully received from another source.

A party may disclose confidential information where law or a competent authority requires it, giving advance notice where legally permitted. These duties continue for three years after termination; duties protecting trade secrets and personal data continue while that information remains protected by law.

12. Acceptable use

The Customer and its Authorised Users must not attempt unauthorised access, test vulnerabilities without written permission, introduce malicious code, disrupt the service or another tenant, evade plan or upload limits, scrape the service, reverse engineer it except where law makes that right non-excludable, upload unlawful or infringing material, or use the service to breach another person’s rights.

We may investigate and proportionately restrict activity necessary to protect customers, the platform or the public, and will explain the restriction where doing so would not compromise security or law enforcement.

13. Intellectual property

Maintain CMMS, its software, branding, documentation, interfaces and underlying materials remain owned by John Lambert or the relevant licensors. Customer Data remains the Customer’s. Feedback may be used to improve the service without transferring the Customer’s confidential information or identifying the Customer publicly.

Neither party may use the other’s name, logo or trade marks in publicity without prior permission.

14. Suspension and termination

We may suspend access where reasonably necessary for serious misuse, credible security risk, legal requirement or overdue payment. Where practical, we will give notice and an opportunity to remedy before suspension. We will restore access when the reason is resolved.

Either party may terminate for a material breach not remedied within 30 days after written notice, or immediately where the breach cannot be remedied, the other party becomes insolvent, or continued performance would be unlawful. Termination does not affect accrued rights or payment obligations. Sections intended by their nature to continue—including confidentiality, intellectual property, liability, data return/deletion and general terms—survive.

15. Warranties and remedies

Each party warrants it has authority to enter this agreement. We warrant that the service will materially perform as described when used in accordance with the documentation. If it does not, the Customer must give enough detail for us to investigate; we will use reasonable efforts to correct the material non-conformity.

We do not warrant that the service will meet every individual requirement, operate without interruption or make Customer Data accurate merely because it has been entered. Nothing here excludes a term that cannot lawfully be excluded.

16. Liability

Nothing in this agreement excludes or limits either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, deliberate wrongdoing, the Customer’s obligation to pay valid fees, or any other liability that law does not permit to be excluded or limited.

Subject to that paragraph, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, anticipated savings, goodwill or business opportunity. Our total liability arising in any rolling 12-month period is limited to the greater of £1,000 and the fees paid or payable by the Customer for the service in that period. These limits apply only so far as they satisfy the reasonableness requirements of applicable law.

The parties acknowledge that the fees reflect this allocation of risk. Customers needing a higher limit or a specific service level should contact us before subscribing so it can be priced and agreed in writing.

17. Notices and disputes

Routine notices may be sent to the account administrator or billing email. Notices of material breach or termination must be in writing to hello@maintaincmms.com and the business address shown above, or to the Customer’s registered account contact. Email is received on the next business day if no delivery failure is returned; post is received two business days after posting.

The parties will first try in good faith to resolve a dispute through direct discussion. This does not prevent either party seeking urgent court relief or bringing proceedings.

18. General terms

This agreement is the entire agreement about the service and replaces earlier statements on that subject, but does not exclude liability for fraud. A change must be recorded in writing; updated online terms apply to a future renewal only after reasonable notice unless a change is required sooner by law or security and does not materially reduce paid rights.

Neither party may assign this agreement without consent, not to be unreasonably withheld, except that we may assign it with the business or service if customer protections are not materially reduced. Neither party is liable for delay caused by events beyond its reasonable control. If a provision is unenforceable, it is adjusted only as far as necessary and the rest continues. Delay in enforcing a right is not a waiver. No third party may enforce this agreement under the Contracts (Rights of Third Parties) Act 1999.

English law governs this agreement and the courts of England and Wales have exclusive jurisdiction, subject to any mandatory law that cannot be displaced.

19. Data Processing Schedule

Roles and instructions. For personal data in a Customer workspace, the Customer is normally the controller and Maintain CMMS the processor. We will process it only on the Customer’s documented instructions—including providing the service, support, security, backup, export and deletion—unless UK law requires otherwise, in which case we will notify the Customer unless prohibited. The Customer is responsible for lawful instructions and its controller duties.

Processing details. The subject matter is provision of the maintenance-management service; duration is the account term plus the export, deletion and protected-backup period. The purpose and nature are hosting, organising, retrieving, transmitting, securing, supporting, backing up and deleting Customer Data. Data may include names, business contact details, roles, signatures, photographs, work records, audit and device/security data. Data subjects may include employees, contractors, suppliers, requesters and other people recorded by the Customer. The service is not intended for special-category or criminal-offence data unless expressly agreed in writing.

People and security. Anyone authorised by us to process personal data is bound by confidentiality. We will maintain measures appropriate to risk, including encrypted transport, access controls, tenant separation, protected credentials, private file access, audit records, backups and vulnerability/error handling, taking account of implementation cost, processing context and risk.

Sub-processors and transfers. The Customer gives general written authorisation for sub-processors needed for hosting, storage, email, support and service operation. We will impose materially equivalent data-protection obligations, remain responsible for their processing under this Schedule, provide information about material sub-processors on request and give reasonable notice of a new material sub-processor where practical. The Customer may object on reasonable data-protection grounds; if the parties cannot resolve the objection, either may end the affected service. Restricted international transfers will use a lawful UK transfer mechanism and appropriate safeguards.

Assistance and incidents. Taking account of the nature of processing and information available, we will reasonably assist with data-subject rights, security obligations, breach notifications, data-protection impact assessments and prior regulatory consultation. We will notify the Customer without undue delay after becoming aware of a personal-data breach affecting its workspace and provide available information needed for the Customer’s assessment.

Return, deletion and audit. At the Customer’s choice at the end of the service, we will return or delete personal data and delete copies unless UK law requires storage. Data isolated in backups may remain protected and beyond ordinary use until overwritten under the backup cycle. We will provide information reasonably necessary to demonstrate Article 28 compliance and permit a proportionate audit by the Customer or its independent auditor on reasonable notice, no more than annually unless an incident or regulator reasonably requires more, subject to confidentiality, security and other customers’ rights. We will promptly tell the Customer if, in our opinion, an instruction infringes applicable data-protection law.

Our GDPR and data-protection information and trust and security page provide supporting public information. This Schedule does not reduce either party’s direct obligations under applicable data-protection law.