Terms of use

These terms govern your company's use of UnitOps. They are written to be read, so the plain-English summary of each clause is the heading it sits under. Where a clause matters more than the others — how prices can change, and who is responsible for keeping your business running when UnitOps is not available — it is called out rather than buried.

1. Who this agreement is between

This agreement is between the company that signed up ("you") and Sweet Pea Software ("we", "us"), whose registered details are set out at the foot of this page. "UnitOps" means the software available at this address and everything in it.

The person who created the account did so on the company's behalf and confirms they are authorised to accept these terms for it. If you are using UnitOps as an employee or contractor of a company that has its own account, your employer is our customer, not you — ask them about anything to do with billing, access or your data.

You accepted these terms when your company was created. The version you accepted, and the date, are recorded against your company.

2. Your account and the people in it

• An administrator of your company decides who gets a login, what each person may do, and who is removed. We do not police that for you, and we act on what your administrators do.
• Logins are personal. One person, one login — a shared account cannot be held to account, and it makes the login history and the audit trail useless to you rather than to us.
• You are responsible for keeping passwords safe and for everything done through your company's logins. Two-factor authentication is available on every account and we recommend you require it of anyone with administrator rights.
• Tell us promptly if you think an account has been compromised.

3. The free trial

A new company gets a 14-day trial with every module open and no card required. When it ends you subscribe, or you do nothing and access stops — there is no automatic charge, because there is nothing to charge to.

One trial per company. We may refuse or end a trial for an account that looks like a second bite at one.

4. What you pay

• Plans and modules. UnitOps is sold either as a plan — Standard, Advanced, Premier or Ultimate, each including everything at or below its level — or as individual modules bought on their own, or as a plan with modules added on top. The current prices and what each includes are on the plans page inside the app and on our public pricing page.
• Period. Subscriptions run monthly or annually from the day they start and renew automatically for the same period until cancelled. An annual subscription is charged at ten months' worth of the monthly price.
• Tax. Prices are exclusive of VAT and of any other tax or duty. VAT is added where we are required to charge it; our VAT status is shown at the foot of this page.
• How you pay. Card payment inside the app is not switched on yet. Until it is, subscriptions are arranged and invoiced directly — contact us and we will set it up. Invoices are due within 14 days of issue unless we have agreed otherwise in writing.
• Late payment. We may charge interest on an overdue invoice at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998, and we may suspend access under clause 12.
• No refunds for part periods. Fees are not refundable for a period that has started, including where you cancel mid-period or stop using UnitOps. You keep access for the rest of the period you have paid for.

5. Prices can change, and so can the way we charge

5.1 We may change:

• the price of any plan or module, up or down;
• the way we charge — including moving to or from charging per user, per login, per item of equipment, per booking, per document, by storage used, or by any other measure, and introducing minimum commitments;
• which modules are in which plan, including moving a module up a plan, splitting one module into several, merging modules, or making a module an add-on that is no longer in any plan;
• the plans themselves — adding one, renaming one, or withdrawing one and moving the companies on it to the nearest equivalent;
• what is charged for at all, including charging for something now included.

5.2 Notice. We will give you at least 30 days' notice of any change under 5.1 that increases what you pay or reduces what you get for it, by email to your company's administrators and by a notice inside the app. A change that reduces what you pay, or that gives you more for the same money, takes effect without notice.

5.3 When it takes effect. A change takes effect at the start of your next billing period beginning after the notice period ends. It is never retrospective: a period you have already paid for is charged at the price you paid.

5.4 Your options. If you do not accept a change, cancel before it takes effect and you will not be charged the new price — there is no penalty and no notice period beyond the end of your current period. Continuing to use UnitOps after the change takes effect is acceptance of it.

5.5 What a change does not do. A change to prices or to the pricing model does not remove a module that was given to your company free of charge. Those are granted deliberately, by a person, and survive changes to the price list.

6. The software changes too

We develop UnitOps continuously. Features are added, changed and occasionally removed, and the way something works today is not a promise about how it will work in a year. Where we remove something a plan is sold on, we treat that as a change under clause 5 and give the same notice.

We may make a feature available as a preview or beta. Anything marked that way may change or be withdrawn without notice, and clause 11 applies to it with particular force.

7. Availability — what we do and do not promise

We take reasonable care to keep UnitOps available and to fix faults promptly. We do not warrant that it will be available at any particular time, uninterrupted, free of faults, or that any fault will be fixed within any particular period. UnitOps runs on infrastructure we do not own, reached over networks neither of us controls, and any of it can fail.

We may suspend access for maintenance, for security, or because a supplier of ours has stopped working. Where a suspension is planned and we can give notice, we will.

8. Business continuity is yours, not ours

8.1 You must have and maintain your own arrangements for:

• Your own copies of your data. Export the records you could not run without — bookings, kit lists, client details, invoices, test records — on a schedule that matches how much you could stand to lose, and keep those exports somewhere that is not us. UnitOps offers CSV export and printable documents across the app for exactly this.
• Working without the software. A way to load a van, run a job and invoice for it while UnitOps is unreachable, whether that is printed run sheets, a phone, or paper.
• Testing it. A continuity plan nobody has tried is a document, not a plan.

8.2 We take reasonable technical measures to protect your data, including backups of the systems UnitOps runs on. Those backups exist so that we can recover the service. They are not a service we provide to you, they are not guaranteed to be complete or current, and we do not undertake to restore any individual record, document or account from them.

8.3 We are not liable for any loss you suffer because UnitOps was unavailable, slow, or lost data, to the extent that loss would have been avoided by the arrangements described in 8.1. Clause 11 sets out the limits that apply in any event.

9. What you must not do with it

• Break the law with it, or use it to store or send anything unlawful.
• Try to reach another company's data, probe the security of the service, or attempt to get past the limits of what your plan includes.
• Upload anything malicious, or anything you do not have the right to put into it.
• Copy, decompile or reverse engineer the software, except so far as the law says you may despite this sentence.
• Resell UnitOps, run a bureau service on it for other businesses, or share your access with a business that is not yours — unless we have agreed that in writing.
• Place load on it that is unreasonable, automated or otherwise, including scraping.

Security testing is welcome, but ask first: email us and we will tell you what is in scope. Testing without asking is covered by the bullet above and by the Computer Misuse Act 1990.

10. Your data

• It is yours. The records your company puts into UnitOps remain yours. We claim no ownership of them and we do not sell them.
• What we do with them. We process them to run the service for you, to support you, to keep the service secure, and to meet our legal obligations — and, in an anonymised and aggregated form that cannot identify you or anybody in your records, to understand how the software is used and to improve it.
• Personal data. For the personal data your company puts into UnitOps — your staff, your clients' contacts — you are the controller and we are your processor. The details, including the terms on which we process it, are in the privacy notice, which forms part of this agreement.
• Getting them out. You can export from the app at any time while your subscription is live, and during the grace period after it lapses. See clause 13 for what happens afterwards.

11. Liability

11.1 What we never exclude. Nothing in this agreement limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.

11.2 What we are not liable for. Subject to 11.1, we are not liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any:

• loss of profit, revenue, business, contracts, opportunity or anticipated savings;
• loss of goodwill or damage to reputation;
• loss, corruption or unavailability of data, or the cost of reconstituting it — see clause 8, which is why;
• wasted expenditure, or the cost of procuring substitute software or services;
• loss arising from the service being unavailable, interrupted, delayed or degraded;
• indirect or consequential loss of any kind;

however it arises and even if we were told it was a possibility.

11.3 The cap. Subject to 11.1, our total liability to you for all claims arising in any 12-month period is limited to the greater of the fees you actually paid us for UnitOps in that period, and £100. Fees paid for one period are not counted twice across overlapping claims.

11.4 As is, otherwise. Except as expressly stated in this agreement, all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent the law permits. UnitOps is provided as it stands and as it is available.

11.5 Your side of it. You will indemnify us against claims, liabilities and costs arising from your use of UnitOps in breach of this agreement, from anything you put into it that you had no right to, and from your own failure to meet your obligations as a data controller.

11.6 Why this is where it is. The limits above are a deliberate part of the price. UnitOps costs what it costs because we are not underwriting the value of your business against an outage; a supplier who did carry that risk would have to charge for it. You accept the limits as reasonable in that light, and clause 8 is how you protect yourself against what they leave with you.

12. Ending it

• You, at any time. Cancel and your subscription runs to the end of the period you have paid for, then stops. Fees already paid are not refunded.
• Us, on notice. We may end this agreement, or stop offering UnitOps entirely, on 60 days' notice to you. If we do, we will refund the unused part of anything you have paid in advance.
• Us, immediately. We may suspend or end your access without notice if an invoice is significantly overdue, if you breach clause 9, if your use puts the service or other customers at risk, or if we are required to by law. Where we suspend rather than terminate, we will tell you what would restore access.

13. What happens to your data afterwards

When a trial ends or a payment fails, you keep working normally for a 14-day grace period, with a warning banner. After that the app closes to everyone in your company except for the billing page, so you can subscribe and pick up where you left off. Nothing is deleted at that point.

After an account is closed or has been locked out, we keep your data for at least 30 days and may delete it after 90 days. Export anything you need before then. You can ask us to delete your data sooner, and we will unless we are required to keep something — and we may keep records of the account and its invoices for as long as the law requires us to.

14. Who owns the software

We own UnitOps, its design and its documentation, and nothing here transfers any of that to you. You get a non-exclusive, non-transferable right to use it for your own business for as long as this agreement lasts, and no more.

If you send us a suggestion, we may use it without owing you anything for it. We are not asking you to send us confidential information, and you should not.

15. Changes to these terms

We may change these terms. Where a change materially reduces your rights or increases your obligations, we will give at least 30 days' notice by email to your company's administrators and by a notice inside the app, and it takes effect at the end of that period. Other changes — corrections, clarifications, and anything in your favour — take effect when published. The date at the top of this page is when the wording last changed.

If you do not accept a change, cancel before it takes effect. Continuing to use UnitOps after that is acceptance.

16. The usual clauses

• Notices. We give notice by email to your company's administrators and, where it matters, inside the app. Keep those addresses current — a notice sent to an address you have stopped reading still counts as given. You give notice to us at the address at the foot of this page.
• Transfer. You may not transfer this agreement without our written consent. We may transfer it to a buyer of our business, and will tell you if we do.
• Whole agreement. These terms, the privacy notice and the cookie notice are the whole of what is agreed between us about UnitOps, and replace anything said beforehand. Nothing here limits liability for fraudulent misrepresentation.
• Waiver. Not enforcing something once does not waive it.
• Severance. If a clause is unenforceable, it is cut back only so far as needed and the rest stands.
• Third parties. Nobody other than you and us has any right to enforce this agreement.
• Events outside our control. Neither of us is liable for failing to perform because of something genuinely beyond our reasonable control. This does not excuse a failure to pay.
• Law. This agreement and any dispute arising from it are governed by the law of the jurisdiction named at the foot of this page, whose courts have exclusive jurisdiction.

17. Contact

Questions about these terms, about a price change, or about arranging a subscription: email the address at the foot of this page. Questions about what UnitOps does are usually answered faster by the help section inside the app.