Terms of use

These terms are between Nicky Hawkins ("we") and the business that has an account on this app ("you"). The app asks each person on your account to accept them before using it. The app is for businesses, not for personal use.

1. The app

The app helps you measure jobs, price quotes, plan work, share pages with your clients and invoice them. We'll keep it running and improve it, but we can't promise it will never be down or never have a fault. We may change or remove features. If a change takes away something you rely on, we'll tell you first.

2. Your account

• Keep your passwords to yourself. You're responsible for what anyone does with an account you've added.
• Tell us at nickyhawkins@gmail.com straight away if you think someone else has got in.
• Don't use the app for anything unlawful, to send spam, or to try to get at anyone else's information.

3. Your prices and your work

The app works out figures from what you enter: measurements, rates, coverage and prices. Check every quote and invoice before you send it. You agree prices with your clients, and you're responsible for your quotes, invoices, VAT and tax, and the work itself. We aren't part of your contract with your client.

4. Paying for it

• You pay the price shown when you sign up, each month in advance. We'll give you at least 30 days' notice of a price change.
• You can cancel at any time. The account stays open to the end of the month you've paid for. We don't refund part months.
• If a payment fails and isn't sorted within 14 days of us telling you, we may pause the account until it is. Your information is kept while it's paused.

5. Your information

Everything you put in the app stays yours. You can download it at any time from Settings. When your account closes you have 30 days to download it, then we delete it.

For your clients' information, you're the controller and we're your processor. That means:

• We only use it to run the app for you, as these terms and your use of the app instruct, unless the law requires otherwise.
• Everyone who can reach it is bound to keep it confidential.
• We keep it secure (see the privacy policy).
• We use the services listed in the privacy policy. We'll tell you at least 30 days before adding one that would see your clients' information, and you can close your account if you object.
• We'll help you answer a client who asks to see, correct or delete their information.
• We'll tell you without delay, and within 48 hours, if we find their information has been lost or seen by someone who shouldn't have it.
• When your account closes we delete it, as above.
• We'll give you the information you reasonably need to show you're meeting the law, and answer your reasonable questions about how it's handled.

You must have a lawful reason to record your clients' details, and tell them how you use them. The privacy policy has a section you can point them to.

6. The app is ours

The app belongs to us: its code, design, screens, wording, calculations and the name New Hue. Your account lets you and the people you add use it for your business while the account is open. It doesn't give you any other rights in it. You, and everyone on your account, must not:

• copy, sell, rent or share the app or any part of it, or let anyone outside your account use it;
• try to get at or rebuild its code, or take it apart to see how it works, except as far as the law allows;
• use the app, or what you learn from using it, to build or help someone build a product that competes with it;
• copy large parts of it with scripts, scrapers or other automatic tools.

This doesn't cover your own information, which stays yours (see 5). If you send us ideas or feedback, we can use them to improve the app without paying you for them.

7. If something goes wrong

Nothing in these terms limits liability for death or injury caused by negligence, for fraud, or for anything else the law doesn't allow us to limit. Otherwise:

• We aren't liable for lost profits, lost jobs or other indirect losses, or for a figure you sent without checking it.
• Our total liability to you in any 12 months is no more than what you paid us in those 12 months.

8. Ending the agreement

You can close your account at any time. We can close it with 30 days' notice, or straight away if you seriously break these terms or don't pay. Either way, you get 30 days to download your information.

9. Changes and the law

We'll give you at least 30 days' notice of changes to these terms that matter. The app will ask you to accept them again, and if you keep using it after that, the new terms apply. These terms are governed by the law of England and Wales, and the courts of England and Wales deal with any dispute.

Questions: nickyhawkins@gmail.com.