Terms of Service

1. Agreement

These Terms of Service ("Terms") form a binding legal agreement between AttendIQ Ltd, a company registered in England and Wales ("AttendIQ"), and the organisation that registers for or uses the AttendIQ platform ("Customer", "you").

By registering for the Service, clicking to accept these Terms, or using the Service, you confirm that you have authority to bind your organisation and that your organisation agrees to these Terms.

These Terms apply to the AttendIQ web platform, admin portal, and mobile application. Individual workers using the mobile app are subject to separate end-user terms presented at the point of registration in the app.

2. The Service

AttendIQ provides a construction workforce management platform ("the Service") including time and attendance tracking, competency and qualification management, digital inductions, supply chain management, digital forms, access control, and related features.

The features available to you depend on the subscription plan you have selected. Feature descriptions are published at attendiq.co.uk/features.

We may update, modify, or add to the Service from time to time. We will give reasonable advance notice of any change that materially reduces the functionality you are currently using. Routine updates, bug fixes, and security patches may be applied without notice and do not constitute a material change.

3. Accounts and access

Each user account requires a unique email address. You are responsible for:

• Maintaining the security of all account credentials within your organisation
• Ensuring each named user account is used only by the individual to whom it is assigned
• Promptly deactivating accounts of users who leave your organisation or no longer require access
• Notifying us immediately at security@attendiq.co.uk if you suspect any unauthorised access

Multi-factor authentication is mandatory for all admin accounts and cannot be disabled. This is a security requirement, not an option.

You are liable for all activity carried out under your organisation's accounts, including activity by former employees until their accounts are deactivated.

4. Subscription and payment

4.1 Pricing

Subscriptions are priced on a per-worker basis. Current pricing is published at attendiq.co.uk/pricing. All fees are in pounds sterling and exclusive of VAT, which will be added where applicable.

4.2 Contract term and payment

All subscriptions run on a 12-month rolling basis. You may choose to pay monthly or upfront annually. The contract term is 12 months regardless of payment frequency; it is not a monthly rolling agreement.

Subscriptions automatically renew for successive 12-month periods unless either party gives written notice of non-renewal at least 30 days before the renewal date.

Payment is processed by our payment provider, Stripe. By providing payment details, you authorise us to charge the applicable fees for your subscription. Invoices are issued at the start of each billing period. Payment is due within 14 days of the invoice date.

4.3 Price changes

We will give at least 30 days' written notice of any price increase before it takes effect at a renewal date. Continued use of the Service after a price increase takes effect constitutes acceptance of the new pricing.

4.4 Worker bands

If the number of active workers in your account exceeds the ceiling of your current pricing band, your subscription will automatically upgrade to the next band at the next billing date. We will notify you by email when you approach a band ceiling (at 90%) and when an upgrade occurs.

4.5 Overdue payments

Overdue payments may result in suspension of access to the Service. We will give 7 days' notice before suspending for non-payment. Accounts suspended for non-payment for more than 30 days may be terminated.

4.6 Refunds

Fees paid are non-refundable except where required by law, or at our sole discretion. Where a Customer terminates mid-contract, no refund of prepaid annual fees is due.

5. Acceptable use

You agree to use the Service only for lawful business purposes and in accordance with these Terms. You must not:

• Use the Service to process personal data for any purpose not disclosed to the individuals concerned, or without a lawful basis under UK GDPR
• Attempt to reverse engineer, decompile, disassemble, or extract source code from the platform
• Circumvent, disable, or interfere with any security feature or access control
• Upload, transmit, or store malware, viruses, or malicious code
• Upload content that infringes any third-party intellectual property, privacy, or other rights
• Use the Service in any way that violates applicable law or regulation, including data protection law, health and safety legislation, or employment law
• Resell, sublicense, or make the Service available to third parties without our prior written consent
• Use the Service to send unsolicited communications
• Impersonate any person or organisation or misrepresent your affiliation
• Attempt to gain unauthorised access to other customers' data or systems

We reserve the right to suspend or terminate access immediately, without notice, where we reasonably believe a material breach of this section has occurred or is ongoing.

6. Intellectual property

The AttendIQ platform, including all software, design, content, trademarks, and underlying technology, is the intellectual property of AttendIQ Ltd and its licensors. Nothing in these Terms transfers any intellectual property rights to you.

These Terms grant you a non-exclusive, non-transferable, revocable licence to access and use the Service during the subscription term, solely for your internal business purposes.

Your data: you own all data, content, and records you input into the platform. AttendIQ claims no ownership over your data or your workers' data. You grant AttendIQ a limited licence to process that data solely as necessary to provide the Service.

Suggestions, feedback, or ideas you share with us regarding the Service may be used by AttendIQ to improve the platform without any obligation to you.

7. Data processing

7.1 Controller and processor roles

You (the Customer) are the data controller for personal data you upload to and manage within the platform. AttendIQ is the data processor, acting only on your instructions.

7.2 Data Processing Addendum

Our Data Processing Addendum ("DPA"), which satisfies the requirements of Article 28 of the UK GDPR, is incorporated into these Terms. The DPA governs all processing of personal data by AttendIQ on your behalf.

7.3 Your responsibilities as data controller

You are responsible for:

• Ensuring you have a lawful basis under UK GDPR for all personal data you upload to the platform
• Providing required privacy notices to your workers and supply chain in accordance with UK GDPR Articles 13 and 14
• Ensuring right to work checks are completed in accordance with the Immigration, Asylum and Nationality Act 2006. The platform facilitates record-keeping for right to work documentation; it does not itself constitute the legal right to work check, and you remain responsible for the underlying legal obligation
• Responding to data subject rights requests made by your workers in relation to data you control

7.4 Health and safety compliance

7.5 Sub-processors

AttendIQ uses sub-processors to operate the platform. A current list of sub-processors is set out in our Privacy Policy. We will give reasonable notice of any material change to our sub-processor arrangements and you may object in writing within 14 days. If we cannot accommodate a reasonable objection, you may terminate the agreement without penalty.

8. Confidentiality

Each party will keep the other's confidential information strictly confidential, use it only for the purposes of the agreement, and not disclose it to any third party without prior written consent, except:

• As required by applicable law or regulation (including disclosure to the ICO or other regulators)
• To professional advisers bound by equivalent confidentiality obligations
• To the extent the information is or becomes publicly available through no fault of the receiving party

This confidentiality obligation survives termination of the agreement for 5 years. In respect of special category personal data, it survives indefinitely.

9. Service availability

AttendIQ targets 99.5% platform availability, measured monthly, excluding:

• Scheduled maintenance (carried out outside UK business hours where possible, with advance notice)
• Emergency security patches
• Events outside our reasonable control (see clause 13.1)
• Third-party service outages beyond our control

Where availability falls below 99.5% in any calendar month for reasons within our control, you may request a service credit. Credits are calculated as a proportionate reduction of your monthly fee for the affected period and will be applied to your next invoice. Service credits are your sole and exclusive remedy for availability failures and do not constitute a right to terminate.

10. Limitation of liability

10.1 Uncapped liability

Nothing in these Terms limits or excludes liability for:

• Death or personal injury caused by either party's negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited by law

10.2 Aggregate cap

Subject to clause 10.1, AttendIQ's total aggregate liability to you arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by you to AttendIQ in the 12 months immediately preceding the event giving rise to the claim.

10.3 Excluded losses

Subject to clause 10.1, neither party shall be liable to the other for any of the following, whether direct or indirect, even if advised of the possibility:

• Loss of profits or revenue
• Loss of business or contracts
• Loss of anticipated savings
• Loss of goodwill or damage to reputation
• Business interruption
• Loss or corruption of data caused by factors outside AttendIQ's reasonable control
• Any indirect or consequential loss

10.4 Acknowledgement

You acknowledge that the subscription fees reflect the allocation of risk set out in this clause, and that AttendIQ would not have entered into this agreement on materially different terms.

11. Indemnification

You agree to indemnify, defend, and hold harmless AttendIQ and its directors, employees, and agents from and against any claims, losses, damages, liabilities, and reasonable legal costs arising from:

• Your breach of these Terms
• Your unlawful processing of personal data or failure to comply with your obligations as data controller
• Your use of the Service in violation of applicable law
• Any third-party claim arising from data or content you have uploaded to the platform

AttendIQ will indemnify you against any third-party claim that the AttendIQ platform itself (excluding your data) infringes a third party's intellectual property rights in the United Kingdom, provided you notify us promptly and allow us to control the defence of any such claim.

12. Term and termination

12.1 Duration

These Terms remain in effect for the duration of your subscription and any renewals.

12.2 Termination for convenience

Either party may terminate by giving written notice at least 30 days before the end of the then-current 12-month contract period. Termination takes effect at the end of that contract period.

12.3 Termination for cause

We may terminate or suspend the Service with immediate effect if:

• You breach these Terms and, where the breach is capable of remedy, fail to remedy it within 14 days of written notice from us
• You become insolvent, enter administration, or are subject to a winding-up order
• Your use of the Service poses a material security risk to the platform or other customers
• You are more than 30 days overdue on payment and have not remedied this within 7 days of a payment notice

12.4 Consequences of termination

On termination:

• Your access to the platform ceases at the end of the notice or contract period
• You have 30 days from the termination date to export your data
• AttendIQ will delete or anonymise your data within 60 days of the close of the export window, except where retention is required by applicable law
• Clauses that by their nature survive termination will continue to apply: confidentiality, data processing obligations, limitation of liability, indemnification, and governing law

13. General

13.1 Force majeure

Neither party is liable for failure or delay in performing its obligations caused by events genuinely beyond that party's reasonable control, including natural disasters, acts of government, widespread internet outages, or third-party cyberattacks despite reasonable security measures. The affected party must notify the other promptly and take reasonable steps to mitigate the impact. Obligations that are merely more expensive to perform do not qualify.

13.2 Changes to these Terms

We may update these Terms from time to time. We will give at least 30 days' notice of any material change. Continued use of the Service after the notice period constitutes acceptance of the revised Terms. If you do not accept a material change, you may terminate the agreement without penalty by giving notice before the change takes effect.

13.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any entity that acquires substantially all of our business, provided we give you reasonable notice and the acquiring entity assumes all obligations under these Terms.

13.4 Entire agreement

These Terms, together with any order form and the Data Processing Addendum, constitute the entire agreement between the parties regarding the Service and supersede all prior representations, negotiations, and agreements. Neither party has relied on any representation not expressly set out in these Terms.

13.5 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited to the minimum extent necessary and the remaining provisions will continue in full force and effect.

13.6 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce it subsequently.

13.7 Notices

Notices to AttendIQ under these Terms must be in writing and sent to legal@attendiq.co.uk. Notices to you will be sent to the email address associated with your account and are deemed received on the next business day after sending.

13.8 Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales for any dispute arising out of or in connection with these Terms.