Last updated: [date]
This document is a working draft for the D50 OS website. Replace the bracketed placeholders with your company details and have it reviewed by legal counsel before publication.
These Terms of Service govern access to and use of the D50 OS website and platform provided by [Legal company name] ("we", "us"). By using the website or the platform you agree to these terms. If you are agreeing on behalf of an organisation, you confirm you have authority to bind that organisation.
D50 OS is a subscription construction management platform. The specific modules, number of internal users and support level applicable to you are set out in your order form or written quote, which forms part of this agreement.
You agree not to: use the service unlawfully; upload malicious code; attempt to breach or test security controls without written authorisation; resell or provide the service to third parties outside your own projects; or reverse engineer the platform except to the extent that restriction is prohibited by law.
You retain all rights to the data your organisation stores in the platform. You grant us a limited licence to host, process and transmit that data solely to deliver the service. You are responsible for having the rights to upload the data and for its lawful content.
Subscriptions run for the term stated in the order form and renew automatically for equal terms unless either party gives written notice at least 30 days before the end of the then-current term. Either party may terminate for material breach that remains uncured 30 days after written notice.
We target 99.9% monthly availability for the Build and Enterprise plans, excluding scheduled maintenance announced in advance and events outside our reasonable control. Service credits, where applicable, are defined in your order form and are your exclusive remedy for availability shortfalls.
On termination you may export your records, documents and photos at any time during the term and for 90 days afterwards, at no charge.
We retain all rights in the D50 OS platform, its software, design and documentation. Nothing in these terms transfers ownership of the platform to you. Feedback you provide may be used to improve the service without obligation to you.
We warrant that the service will perform materially in accordance with its documentation. Except as expressly stated, the service is provided "as is" and we disclaim all other warranties to the extent permitted by law. The platform supports your management of construction work; it does not replace professional engineering, legal or accounting judgement.
To the maximum extent permitted by law, neither party is liable for indirect, incidental or consequential loss, or for loss of profit, revenue or anticipated savings. Each party's aggregate liability is limited to the fees paid or payable by you in the 12 months preceding the event giving rise to the claim. Nothing limits liability that cannot be limited by law.
Each party will protect the other's confidential information with at least the care it applies to its own, and will use it only to perform this agreement.
We may update these terms. For customers, material changes take effect at the start of the next renewal term, or 30 days after notice for changes required by law.
These terms are governed by the laws of [jurisdiction], and the courts of [jurisdiction] have exclusive jurisdiction, without prejudice to mandatory consumer protections.
[Legal company name], [Company registered address]. Questions: [privacy@yourdomain.com].