Terms of Service — PlanningWatch

1. Parties and Definitions

This Software as a Service Agreement ("Agreement") is entered into between app-factory.dev Limited, a company incorporated in England and Wales ("Provider", "we", "us", "our") and the entity accessing our services ("Customer", "you", "your").

"Service" means the PlanningWatch planning alerts platform provided via cloud-based access, including all associated features, functionality, and documentation.

2. Service Description

PlanningWatch provides alerts about planning applications submitted to UK local planning authorities. The Service monitors publicly available planning portal data and notifies users of new applications near their specified postcodes.

Important: We aggregate publicly available information. We do not guarantee the completeness, accuracy, or timeliness of planning data, which is sourced from third-party local authority websites.

3. Service Provision

3.1 Service Availability:

We will use commercially reasonable efforts to make the Service available 24/7, subject to scheduled maintenance and circumstances beyond our reasonable control.

3.2 Service Modifications:

We reserve the right to modify, update, or discontinue features of the Service with thirty (30) days' notice for material changes.

3.3 Data Sources:

Planning data is sourced from local authority planning portals. Coverage, update frequency, and data availability vary by council. We cannot guarantee coverage for all UK postcodes.

3.4 Support:

We provide reasonable technical support during business hours (09:00-17:00 UK time, Monday to Friday) via email.

4. Customer Obligations

4.1 Acceptable Use:

You agree to use the Service only for lawful purposes and in accordance with this Agreement. You may not use the Service for commercial resale of planning data without our written consent.

4.2 Account Security:

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4.3 Accuracy:

You warrant that all information provided is accurate, including email addresses and postcodes to monitor.

5. Subscription and Payment

5.1 Free Tier:

We offer a free tier with limited features. Free accounts may be subject to usage limits and reduced functionality.

5.2 Paid Subscriptions:

Paid subscriptions are billed in advance on a monthly or annual basis. Subscription fees are non-refundable except as required by law.

5.3 Price Changes:

We may increase subscription fees with sixty (60) days' written notice. Price changes take effect at your next renewal.

5.4 Taxes:

All fees are exclusive of VAT and other applicable taxes, which you are responsible for.

6. Intellectual Property

6.1 Service IP:

All intellectual property rights in the Service (excluding planning data) remain our property. You receive only a limited, non-exclusive licence to use the Service.

6.2 Planning Data:

Planning application data is public information sourced from local authorities. We do not claim ownership of this data.

6.3 Feedback:

Any feedback or suggestions you provide may be used by us without restriction or compensation.

7. Disclaimer and Limitations

7.1 No Professional Advice:

PlanningWatch provides information only. We do not provide legal, planning, or property advice. You should consult appropriate professionals before making decisions based on planning information.

7.2 Data Accuracy:

While we strive for accuracy, we cannot guarantee that all planning applications will be captured or that data will be error-free. Always verify important information with the relevant local planning authority.

7.3 No Guarantee of Coverage:

Coverage varies by local authority. Some councils may not publish data in formats we can process, or may experience delays in publishing applications.

8. Limitation of Liability

8.1 Service Limitations:

The Service is provided "as is" without warranties of any kind. We do not warrant that the Service will be error-free, uninterrupted, or that all planning applications will be captured.

8.2 Liability Cap:

Our total liability to you for any claims arising from this Agreement shall not exceed the fees paid by you in the twelve (12) months preceding the claim.

8.3 Excluded Damages:

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, property value, or missed objection deadlines.

8.4 Exceptions:

Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraud, or other liability that cannot be excluded by law.

9. Termination

9.1 Termination by You:

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

9.2 Termination by Us:

We may terminate or suspend your account immediately for material breach, non-payment, or violation of these terms.

9.3 Effect of Termination:

Upon termination, your access to the Service will cease. We may delete your account data after thirty (30) days.

10. Dispute Resolution

10.1 Governing Law:

This Agreement is governed by the laws of England and Wales.

10.2 Jurisdiction:

Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

10.3 Alternative Dispute Resolution:

We encourage resolution of disputes through good faith negotiations before resorting to litigation.

11. General Provisions

11.1 Entire Agreement:

This Agreement, together with our Privacy Policy, constitutes the entire agreement between the parties.

11.2 Assignment:

You may not assign this Agreement without our written consent. We may assign this Agreement with thirty (30) days' notice.

11.3 Severability:

If any provision is found unenforceable, the remainder of the Agreement remains in effect.

11.4 Force Majeure:

Neither party is liable for delays or failures due to circumstances beyond their reasonable control, including but not limited to changes to local authority planning portals.

12. Consumer Rights

If you are a consumer, you have statutory rights under UK consumer protection laws that cannot be excluded. This Agreement does not affect those rights.

For information about your statutory rights, contact your local Trading Standards office or Citizens Advice Bureau.

13. Changes to This Agreement

We may update these Terms from time to time. We will notify you of material changes by email. Continued use of the Service after such changes constitutes acceptance.

14. Contact Information

For questions about this agreement, please contact us at:

Company: app-factory.dev Limited. Registered in England and Wales | Company Number: 16567409
Registered Office: 12b Otley Street, Skipton, England, BD23 1DZ
Email: hello@app-factory.dev