Terms of Service

These Terms of Service (the "Terms") form the agreement between:

ProSurvey Apps Limited, a company registered in England and Wales with company number 17118570, whose product is HousingSurvey Pro™ ("we", "us", "our", the "Provider"); and
the organisation that registers for, subscribes to, or uses the Service (the "Customer", "you", "your").

By creating an organisation, subscribing to a paid plan, accepting these Terms in the portal or sign-up flow, or otherwise using the Service, you agree to these Terms. If you are accepting on behalf of an organisation, you warrant that you are authorised to bind that organisation.

1. Definitions

"Service" — the HousingSurvey Pro platform, comprising the web management portal, the iOS/Android mobile capture applications, the REST API v1, webhooks, file exports (CSV/EDI/HACT), evidence bundles, and related documentation and support.
"Evidence Record" — a survey record captured in the Service and, once finalized, sealed, hash-chained and treated as append-only.
"Customer Data" — all data the Customer or its Authorised Users submit to or generate within the Service, including Evidence Records, property data, photographs, environmental readings, work orders and audit data.
"Authorised User" — an individual (surveyor, manager, administrator, coordinator, finance user, viewer, or contractor granted access) whom the Customer permits to use the Service under its account.
"Tenant Personal Data" — personal data relating to residents, occupiers or other individuals connected to a property, processed by us on the Customer's behalf. The Customer is the controller of Tenant Personal Data; we are its processor. The Data Processing Agreement governs this relationship.
"Order" — the plan selection, seat counts, add-ons, and any signed order form, quotation or purchase order agreed between the parties.
"Fees" — the charges payable for the Service under the applicable Order.

2. The Service — what it is, and what it is not

2.1 What the Service is

HousingSurvey Pro is an offline-first damp & mould evidence platform for UK housing associations, councils and their contractors. Its purpose is to capture, preserve and transmit contemporaneous, tamper-evident property-condition evidence. The data is the record: a finalized Evidence Record — server timestamped, geo-stamped, hash-chained per property (UPRN), and backed by an append-only audit log — is the deliverable.

2.2 What the Service is NOT — no statutory reports, no compliance advice

The Service does not produce formal or statutory reports, and its document outputs must never be treated as such. The Service does generate document renderings of finalized Evidence Records — survey evidence reports, works-completion packs and resident letters — as presentations of the evidence you captured. These renderings, and any narrative summaries, drafts or templates the Service offers (including AI-assisted drafts under clause 8), are working aids only: they are not statutory reports, certificates, professional opinions, legal determinations, or documents intended to discharge a regulatory obligation, and you must not rely on them as any of those things. It is your responsibility to prepare, review, approve and issue any report, summary or statutory communication a law, regulator, contract or tenant requires.

The Service does not provide legal, surveying, valuation, health-and-safety or compliance advice. Ratings and analyses in the Service (including HHSRS, condensation, psychrometric and indoor-air-quality outputs) are decision-support tools computed from the judgements the Authorised User enters. They are advisory and are not a local-authority determination or a statement of legal compliance. Professional judgement remains that of the assessor and the Customer.

2.3 Awaab's Law and statutory deadlines — the duty stays with the landlord

The Service can compute and track working-day deadlines associated with Awaab's Law and similar statutory timescales, and can log warnings, notifications and audit events as those deadlines approach or pass. These are tracking and reminder tools only.

The statutory duty — to investigate, to provide written summaries, to carry out works within the applicable timescales, and to comply with Awaab's Law and all other legal obligations — remains at all times the Customer's (and, where the Customer is a contractor, the landlord's). The Service is a tool that assists you in managing those obligations; it is not a guarantor of compliance, and using it does not discharge, transfer or reduce your legal duty.

You acknowledge that:

deadline calculations depend on the data you enter (dates, hazard severity, stage timestamps) and on assumptions the Service makes (for example, an interpretation of "working day" as an English weekday excluding English bank holidays), which may not match your circumstances or a court's or ombudsman's interpretation;
the regulatory framework changes (for example, phased commencement of hazard scope), and while we endeavour to keep the Service current, we do not warrant that it always reflects the law in force;
notifications may be delayed, missed or not delivered for reasons within or outside our control (connectivity, device configuration, your notification settings); and
you must not rely solely on the Service's alerts to meet a statutory deadline.

We are not liable for any regulatory finding, enforcement action, fine, ombudsman determination, disrepair claim, or other loss arising from a failure to meet a statutory obligation, however caused.

2.4 Evidence integrity — tamper-evident, described accurately

Finalized Evidence Records are tamper-evident, not tamper-proof, and we describe that precisely rather than overclaiming.

Neither you nor we have any application or API path to edit or delete finalized Evidence Records. Every sealed record is chained to the one before it for its property, so any change made to a record after sealing — by any means, including direct database access — alters its hash, breaks the chain, and is detected automatically by our integrity verifier and independently checkable in the evidence bundle we provide you.

We do not claim that a record can never be altered or deleted at the infrastructure layer. We (as the operator of the underlying cloud project) retain administrative access to the database for operational and recovery purposes; what the Service guarantees is that any such change cannot be made undetectably. Corrections are made by superseding records; the original remains and the chain records the change. You acknowledge this tamper-evident, hash-chained design is a core feature of the Service, not a defect, and that soft-deleted drafts leave audit tombstones.

3. Accounts, organisations and Authorised Users

3.1 An individual may create an account and found an organisation self-serve (the mobile apps are free to install; see clause 5). The person who creates an organisation is its first administrator and warrants they are authorised to bind that organisation.

3.2 You are responsible for: the Authorised Users you invite; the roles and permissions you grant; the accuracy of the data your Authorised Users enter; and all activity under your account. You must keep credentials (passwords, passkeys, API keys, SCIM tokens, webhook secrets, SSO configuration) confidential and secure, and notify us promptly of any suspected compromise.

3.3 We require two-factor authentication (TOTP or passkey) for account tiers as configured in the Service, and offer SSO/SCIM on eligible plans. You are responsible for provisioning and de-provisioning your Authorised Users, including through your own identity provider where SSO is used.

3.4 Contractor access to a landlord organisation's data is available only via an explicit grant from the landlord organisation and is scoped by that grant. A contractor is an Authorised User of the granting organisation for the purposes of these Terms in respect of the granted data.

4. Customer responsibilities

You agree that you will:

4.1 have and maintain a lawful basis under UK GDPR and the Data Protection Act 2018 for all personal data you (or your Authorised Users) submit to the Service, including Tenant Personal Data, and provide any required privacy information to data subjects. You are the controller of Tenant Personal Data; we process it as your processor under the DPA;

4.2 not enter special-category personal data (for example, health, ethnicity or similar) into free-text or evidence fields, and not enter more personal data than the assessment requires. Evidence Records are designed to describe properties, not people;

4.3 ensure the accuracy of inputs — the Service's outputs (deadlines, ratings, analyses, drafts) are only as reliable as the data and judgements you enter;

4.4 secure the devices and accounts used to access the Service, apply operating-system and app updates, and use device-level protections (screen lock, disk encryption) appropriate to the sensitivity of the data;

4.5 comply with all applicable laws in your use of the Service, including housing, data-protection, health-and-safety and equality law; and

4.6 use the Service in accordance with the Acceptable Use Policy, which forms part of these Terms.

5. Plans, seats and billing

5.1 The mobile apps are free to install in both app stores. There are no in-app purchases. Paid entitlements — surveyor seats, office-user add-ons, and plan features — are purchased on the web only, and provisioned through the platform's billing systems.

5.2 Metering. The Service is licensed principally per active surveyor seat on the plan tiers published on our pricing page, and, where the applicable plan so provides, per office user above the bundle included with your tier (with an add-on charge per additional office user). Viewer (read-only) access is included as described for your plan. Seat and user counts are enforced server-side. Prices exclude VAT unless stated. Current published prices are on our pricing page; this clause is deliberately kept meter-accurate rather than quoting specific figures, so the pricing page remains the single source of truth for numbers.

5.3 Payment channels. You may pay by either:

(a) Card / self-serve (Stripe): paid plans are billed in advance (monthly or annually) by card through our payment processor, Stripe, and renew automatically until cancelled. Card details are handled by Stripe and do not touch our systems; or
(b) Invoiced accounts (purchase order / BACS / bank transfer): eligible Customers (typically public-sector and enterprise) may request invoice billing. Where agreed, we invoice against your purchase order on agreed payment terms (for example, 30 days), payable by BACS/bank transfer. Recurring invoiced schedules renew per the Order.

5.4 Trials and pilots. We may offer free or discounted trials or pilots. At the end of a trial/pilot, or on non-payment or non-conversion, the organisation may revert to a read-only state (existing Evidence Records remain viewable and exportable, but capture and mutating actions are disabled) or to the free plan, as we notify. The free plan is provided as-is, may be fair-use limited, and has feature and capacity caps.

5.5 Changes to fees. We may change list prices with 30 days' notice, effective from your next renewal. Negotiated Order pricing is governed by the Order.

5.6 Late payment. If any undisputed sum is overdue:

we may suspend access after reasonable notice (clause 10);
statutory interest and compensation may apply. For business-to-business debts, the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) may entitle us to interest, at the statutory rate (Bank of England base rate plus 8% per annum), and fixed statutory compensation on overdue sums, unless a signed Order or public-sector procurement terms state other payment terms, in which case those terms apply instead.

5.7 Taxes. Fees are exclusive of VAT and other taxes, which you will pay in addition where applicable.

6. Customer Data and intellectual property

6.1 Your data is yours. As between the parties, you own all Customer Data. For contractor-performed work, the finalized Evidence Record belongs to the landlord organisation that granted the work, with contractor access governed by the grant.

6.2 Licence to us. You grant us a non-exclusive licence to host, process, transmit and display Customer Data solely to provide and support the Service, to maintain evidence integrity, and as permitted by the DPA. We do not sell Customer Data, and we do not use identifiable Customer Data or Tenant Personal Data to train AI models. The public documentation assistant referenced in the Privacy Policy is a separate exception that uses only public marketing/documentation content, never Customer Data.

6.3 Our IP. We own and retain all rights in the Service, its software, platform, design, documentation and branding (including HousingSurvey Pro™). We grant you a non-exclusive, non-transferable, non-sublicensable licence to use the Service for your internal business purposes during the subscription term. No other rights are granted.

6.4 Feedback. If you give us feedback or suggestions, we may use them to improve the Service without obligation or restriction.

6.5 Export. Export is available on every plan while your subscription is active — via API, CSV/EDI/HACT, and signed evidence bundles — and for the export window after closure (clause 10.4).

7. Acceptable use

Your use of the Service is subject to the Acceptable Use Policy, incorporated by reference. In summary, you must not: use the Service unlawfully or to infringe others' rights; attempt to circumvent tenancy isolation, security rules, app attestation or seat/user enforcement; enter special-category tenant personal data into evidence fields; probe, scan or stress the Service without authorisation; or resell the Service without a written partner agreement. We may suspend API keys or access on evidence of abuse or compromise (we will tell you where practicable).

8. AI-assisted features — advisory drafts only

8.1 Certain features may use artificial intelligence to produce draft narrative, summaries, annotations or suggestions. All AI output is advisory, must be reviewed by a competent person before any use, and never enters the sealed evidential record automatically. You are responsible for the accuracy, appropriateness and lawfulness of anything you adopt from an AI draft.

8.2 Customer-supplied AI keys. Where survey-content AI assistance is enabled, it runs on the Customer's own AI provider account and API key (for example, Anthropic, Azure OpenAI, OpenAI, Google, or a compatible endpoint the Customer configures). We do not provide a shared or platform AI account for survey-content processing. Your use of that AI provider is governed by your own agreement and data-processing terms with that provider, and it is your responsibility to ensure that sending survey data to it is lawful and covered by an appropriate arrangement. The Service scopes each Customer's AI usage strictly to that Customer, refuses AI actions on finalized records, and fails closed when no key is configured.

8.3 The Service also offers a public documentation assistant on our website that uses our own AI arrangement; it operates only over public marketing and documentation content and never receives Customer Data or Tenant Personal Data.

8.4 We do not warrant that AI output is accurate, complete, current or fit for any purpose, and we exclude liability for reliance on AI output to the maximum extent permitted by law (subject to clause 12).

9. Availability, support and security posture

9.1 We provide the Service with reasonable skill and care and target high availability for the data plane, excluding scheduled maintenance (notified where practicable) and factors outside our reasonable control. The offline-first apps continue capturing during connectivity loss and sync when a connection returns.

9.2 Support is provided via our contact form or support email, with response targets varying by plan as published.

9.3 Security posture — honest, no certification claims. We operate the Service to a documented security posture, including: UK data residency (Google Cloud europe-west2, London); default-deny access rules with per-organisation isolation; server-authoritative finalization with cryptographic hash chains and append-only audit logs; app attestation; encryption in transit and at rest; and passwords held by the identity platform, with high-entropy API/SCIM bearer tokens stored only as SHA-256 digests and shown once. We do not currently hold SOC 2, ISO/IEC 27001 or Cyber Essentials certification. We describe our posture as "designed against those control frameworks and working towards certification" and make no certification claim unless and until certified.

10. Suspension and termination

10.1 Term. These Terms apply for as long as you have an account or an active subscription. Paid subscriptions renew automatically per the Order until cancelled.

10.2 Termination for convenience. You may cancel a subscription at any time; cancellation takes effect at the end of the current paid period, after which the organisation reverts to the free plan (or read-only, per clause 5.4). Invoiced Orders run for their committed term unless the Order provides otherwise.

10.3 Termination / suspension for cause. Either party may terminate for a material breach that is not remedied within 30 days of written notice. We may suspend access immediately where reasonably necessary for a security incident, unlawful use, a breach of the Acceptable Use Policy, or non-payment of undisputed Fees more than 14 days overdue. Where we suspend for non-payment, read-only access to your data survives for the export window so you can retrieve it.

10.4 Data after closure — export window and deletion cool-down. On closure or termination:

your data remains available for export for a defined window (self-service organisation deletion runs on a 90-day window during which the request can be cancelled in one click; account-level closure deletes account personal data within 90 days);
a superadmin-initiated organisation deletion carries its own documented cool-down before purge;
after the applicable window, Firestore and Storage data for the organisation is purged by an automated sweep, subject to any retention we are legally required or entitled to keep (for example, audit and accounting records — UK accounting records are retained for six years; see the Privacy Policy);
Evidence Records may be retained for the retention period set by the controlling organisation (default reflects housing-disrepair limitation periods) and are subject to the Article 17(3)(e) exemption where erasure of personal data within them is requested.

10.5 Survival. Clauses 2.2–2.4, 4, 6, 8.4, 10.4, 11, 12, 13 and 14 survive termination.

11. Warranties, disclaimers and indemnities

11.1 Our warranty. We warrant that we will provide the Service with reasonable skill and care.

11.2 Disclaimer. To the maximum extent permitted by law, and except as expressly stated in these Terms, the Service is provided "as is" and we exclude all other warranties, conditions and terms (whether express, implied or statutory), including any implied terms as to satisfactory quality, fitness for a particular purpose, and non-infringement. In particular, and without limiting clause 2, we give no warranty that use of the Service will result in compliance with any statutory obligation or produce any particular regulatory, legal or commercial outcome.

11.3 Your indemnity. You will indemnify us against losses, damages and reasonable costs (including reasonable legal fees) arising from: (a) your breach of clause 4 (Customer responsibilities) or the Acceptable Use Policy; (b) your lack of a lawful basis for, or unlawful entry of, personal data (including Tenant Personal Data or special-category data) into the Service; and (c) any third-party claim arising from Customer Data or your use of the Service in breach of these Terms, in each case subject to the limitations in clause 12.

11.4 Our IP indemnity. We will defend you against a third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes that third party's UK intellectual property rights, and will indemnify you against damages and reasonable costs finally awarded against you (or agreed in settlement), provided that you: notify us promptly of the claim; give us sole control of its defence and settlement; and provide reasonable cooperation, at our expense. This indemnity does not apply to a claim arising from Customer Data, your modification of the Service, or your use of the Service in combination with materials not provided by us, and is your sole and exclusive remedy for such a claim.

12. Limitation of liability

12.1 Uncapped / non-excludable liability. Nothing in these Terms limits or excludes either party's liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that cannot lawfully be limited or excluded.

12.2 Excluded losses. Subject to clause 12.1, neither party is liable to the other for any: indirect or consequential loss; loss of profit, revenue, anticipated savings, goodwill or business; or loss or corruption of data beyond our obligation to maintain evidence integrity and backups as described.

12.3 Liability cap. Subject to clauses 12.1 and 12.2, each party's total aggregate liability arising out of or in connection with these Terms (whether in contract, tort including negligence, breach of statutory duty, or otherwise) is limited to the total Fees paid or payable by the Customer under the Order in the 12 months immediately before the event giving rise to the claim (or, for free-plan use where no Fees are paid, £100).

12.4 Regulatory outcomes. Without limiting the above, we are not liable for any fine, penalty, enforcement action, ombudsman determination, disrepair award, or other loss arising from your statutory non-compliance or from your reliance on the Service to meet a statutory duty (see clause 2.3).

12.5 The parties acknowledge that the Fees reflect this allocation of risk.

13. Data protection

13.1 Our handling of personal data is described in the Privacy Policy. Where we process Tenant Personal Data on your behalf, the Data Processing Agreement applies and is incorporated into these Terms; the DPA prevails over these Terms on a data-protection matter (DPA clause 13.1). Each party will comply with UK data-protection law in respect of its role.

13.2 Subprocessors. We use the subprocessors listed in the DPA and Privacy Policy. We may add or replace subprocessors and will give notice of material changes as set out in the DPA, giving you the opportunity to object on reasonable data-protection grounds.

14. General

14.1 Entire agreement. These Terms, the Acceptable Use Policy, the Privacy Policy, the DPA, and any signed Order form the entire agreement between the parties and supersede prior discussions. In the event of conflict, a signed Order prevails over these Terms for the subject matter it addresses, and the Data Processing Agreement prevails over these Terms on a data-protection matter.

14.2 Changes to these Terms. We may update these Terms and will give reasonable notice of material changes to organisation administrators. Continued use after the effective date is acceptance. Material changes to the in-app legal acknowledgement wording will be reflected by a version bump in the app's legal acknowledgement in the mobile app, prompting re-acknowledgement.

14.3 Assignment. You may not assign or transfer these Terms without our consent (not unreasonably withheld). We may assign to an affiliate or successor in connection with a reorganisation, merger or sale.

14.4 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.

14.5 No waiver; severance. A failure to enforce is not a waiver. If any provision is unenforceable, the rest remain in force.

14.6 Third parties. Except as expressly stated, a person who is not a party has no rights under the Contracts (Rights of Third Parties) Act 1999.

14.7 Notices. Notices to us go to our support/contact channels as published; notices to you go to your organisation administrator's registered email.

14.8 Governing law and jurisdiction. These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) are governed by the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

ProSurvey Apps Limited · registered in England and Wales, company number 17118570 · HousingSurvey Pro™.