These Terms and Conditions ("Terms") govern access to and use of the Apex Flow field data-capture application, including its web app, installable mobile app, offline features and any related services (together, the "Service"). The Service is operated by the owner of this platform ("the Provider", "we", "us"). By signing in to or using the Service you, and the company on whose behalf you use it ("the Customer"), agree to these Terms. If you do not agree, do not use the Service.
1. Accounts and access
There is no public registration. Company accounts are created by the Provider, and staff accounts are created by the Customer's own administrators. The Customer is responsible for everyone who uses the Service under its accounts, for keeping usernames and passwords confidential, and for removing access promptly when a person leaves or no longer needs it. You must tell us immediately if you believe an account has been compromised.
2. Acceptable use
You agree not to use the Service to upload unlawful, offensive or infringing material; to attempt to access another company's data or any part of the Service you are not authorised to use; to interfere with or disrupt the Service; or to copy, resell or reverse-engineer any part of it.
3. Your data and our role
Forms, photos, locations, signatures and other content submitted through the Service ("Customer Data") remain the property of the Customer. The Customer grants us a licence to host, process, back up and display Customer Data solely to provide the Service. The Customer is responsible for the accuracy and lawfulness of Customer Data, for holding any consents required to capture photographs or personal information on site, and for ensuring that records required by clients, regulators or highway authorities are kept in accordance with the Customer's own obligations.
4. Offline capture, synchronisation and data loss
The Service allows data to be captured without a network connection. Until a draft or submission has been synchronised it exists only on the device it was captured on. Devices can be lost, damaged, reset or have their storage cleared by the operating system or browser, and any unsynchronised data will then be lost. It is the user's and the Customer's responsibility to reconnect and confirm that every submission shows as synced before relying on it or clearing a device.
We take reasonable steps to protect data once it has reached our systems, but we do not guarantee that the Service or any stored data will be uninterrupted, error-free, secure or available at all times. To the fullest extent permitted by law, the Provider accepts no liability for any loss, corruption, delay or unavailability of data, whether held on a device or on our systems, however caused, including through network failure, device failure, browser storage limits, user error, third-party hosting outages or malicious activity. The Customer should keep its own copies of any records it is required to retain, for example by downloading PDF handover packs and data exports regularly.
5. Availability, changes and support
We may modify, suspend or withdraw all or part of the Service at any time, including for maintenance, security or to introduce new features. We will try to give reasonable notice of significant changes but are not obliged to do so. Support is provided on a reasonable-endeavours basis via the contact details below.
6. Disclaimer of warranties
The Service is provided "as is" and "as available". We exclude all warranties, conditions and representations not expressly set out in these Terms, including any implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement. The Service is a record-keeping tool: it does not replace the Customer's professional judgement, site supervision, testing, or its obligations under health and safety, streetworks or water industry regulations.
7. Limitation of liability
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited. Subject to that, the Provider shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, revenue, business, contracts or goodwill; loss of or damage to data; the cost of re-collecting or re-creating data; fines, penalties or charges imposed by clients or authorities; or any indirect or consequential loss. The Provider's total aggregate liability arising out of or in connection with the Service in any 12-month period shall not exceed the fees paid by the Customer for the Service in that period or, if no fees were paid, £100.
8. Indemnity
The Customer shall indemnify the Provider against any claims, losses and costs arising from the Customer's or its users' breach of these Terms, misuse of the Service, or from Customer Data.
9. Suspension and termination
We may suspend or terminate access where these Terms are breached, where required by law, or where continued use presents a security risk. On termination the Customer should export any data it wishes to keep; we may remove Customer Data from our systems after a reasonable period.
10. Privacy and cookies
We process personal information (names, usernames, phone numbers, photographs and location data captured on site) only to provide the Service to the Customer and in accordance with UK data protection law. The Customer acts as controller of Customer Data and the Provider as processor. Our use of cookies and on-device storage is described in our Cookie Policy.
11. General
These Terms are governed by the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction. If any provision is found unenforceable, the rest remain in force. We may update these Terms from time to time; the current version will always be available in the app and continued use after a change constitutes acceptance.
12. Contact
Questions about these Terms, account requests or data matters: [email protected] or 07881212762.