Terms & Conditions
Standard Terms and Conditions
1. Definitions
Administration Site:- the website from which the Customer can access the Web Platform to manage and administer the Licenced Product, currently
www.bolstersystems.com.
Agreement:- the agreement for the purchase of the Licensed Product in accordance with these terms and conditions.
App:- the Bolster Systems mobile surveying application software, the data supplied with the software, and any associated media.
Authorised Users:- the Customer’s partners (if the Customer is a partnership), members (if the Customer is a limited liability partnership), officers (if the Customer is a corporate body), employees and labour-only sub-contractors who are authorised to access and use the Licenced Product in accordance with these terms and conditions.
Bolster Plus Services:- any additional subscription based services offered by Bolster through the Web Platform and/or App that the Customer has agreed to subscribe to (and “Bolster Plus Service” shall mean any one of the Bolster Plus Services offered by Bolster from time to time).
Building Owner:- the owner or its authorised representatives of the building, property or construction (or any part therefore) which is the subject of any use of the Licensed Product.
Building Owner:- the owner or its authorised representatives of the building, property or construction (or any part therefore) which is the subject of any use of the Licensed Product.
Commencement Date:- the date the Customer purchases the Licence Product and pays the Subscription Fee.
Content:- all documents, text, information, data, software, executable code, access codes, images, audio or video material in whatever medium or form comprised in or used with the Licensed Product other than the Customer Data.
Contract Year:- the 12 month period from the Commencement Date and each succeeding 12-month period.
Customer:- the customer specified in the Registration Form who is purchasing the Licensed Product.
Customer Data:- the data inputted by the Customer, Authorised Users, or Bolster on the Customer's behalf for the purpose of using the Licensed Product or facilitating the Customer’s use of the Licensed Product.
Data Protection Legislation:- the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications) and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
Drawing:- a single floorplan or elevation drawing of a project to be undertaken by the Customer using the Licensed Product for the Purpose.
Drawing Credits:- payment credits allowing the Customer to upload a Drawing for the Purpose.
Drawing Credit Fee:- the fee payable by the Customer for Drawing Credits as set out in the Registration Form.
Initial Subscription Term:- the period set out in the Registration Form.
Intellectual Property Rights:- patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Licence:- the user subscription purchased by the Customer that entitles Authorised Users to access and use the Licensed Product, in accordance with these terms and conditions.
Licensed Product:- access to and use of the Web Platform and/or the App (including any applicable Bolster Plus Services purchased by the Customer) together with any relevant Content, any error corrections or updates that Bolster may provide or perform with respect to the Web Platform and/or the App as specified in the Registration Form (or as otherwise agreed between the parties in writing from time to time).
Purpose:- fire safety surveying of buildings and properties and the monitoring and administration of such surveys by the Customer and Authorised Users.
Registration Form:- Bolster’s order form for the Licensed Product on which the Customer registers for use of the Licensed Product on the relevant product platform (and references to the Registration Form will include any additional order forms in relation to Bolster Plus Services).
Subscription Fee:- the fee payable by the Customer for the use of the Licenced Product as set out in the Registration Form (together with any fees payable by the Customer for any Bolster Plus Services as agreed in writing between the parties from time to time).
Supplier:- Bolster Systems Limited (company number 09148744) whose registered office is at The Studio, The Schoolhouse, Second Avenue, Trafford Park, Manchester, Greater Manchester, England, M17 1DZ.
UK Data Protection Legislation:- all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
Web Platform:- the web based application software accessed through the Administration Site for the managing and administration of fire safety surveys and associated works.
2. Commencement and Duration
This Agreement shall, unless otherwise terminated as provided in clause 12, shall commence on the Commencement Date and shall continue for the Initial Subscription Term and, thereafter shall be automatically renewed for successive periods equal to the Initial Subscription Term (each a
“Renewal Period”), unless terminated on not less than 1 month's prior notice in writing to expire on or before the end of the Initial Subscription Term or Renewal Period (as the case may be) and the Initial Subscription Term together with any subsequent Renewal Periods shall constitute the
Subscription Term.
Where the Customer purchases a Bolster Plus Service, the subscription period for such Bolster Plus Service shall be co-terminous with the then current Initial Subscription Term or Renewal Period (and the parties acknowledge that if an Bolster Plus Service is purchased part-way through a the Initial Subscription Period or Renewal Period the Subscription Fee for such Bolster Plus Service will have been pro-rated to reflect the shortened term). If the Customer wishes to terminate its Bolster Plus Service or any part of it (but retain access to the rest of the Licensed Product) it may do so by giving no less than 1 month's prior notice in writing to expire on or before the end of the Initial Subscription Term or Renewal Period (as the case may be) and at the end of the Initial Subscription Term or Renewal Period (as the case may be) the Customer’s access to the relevant part(s) of the Bolster Plus Service shall terminate.
3. Bolster's Obligations
Subject to the compliance of the Customer with these terms and conditions Bolster shall use all reasonable endeavours to:
a. provide the Licensed Product to the Customer on the terms of the Agreement in all material respects;
b. provide such support to the Customer as is reasonably necessary to allow the Customer and the Authorised Users to use the Licensed Product in accordance with its support policy in effect at the time the Licensed Product is provided and as published on Bolster’s website
www.bolstersystems.com, or as otherwise notified to the Customer by Bolster in writing from time to time. Bolster may amend the support policy in its sole and absolute discretion from time to time;
c. comply with all applicable laws and regulations, including those relating to anti-bribery and anti-corruption.
On and from the Commencement Date Bolster will provide the Customer with access to the Licensed Product as set out in the Registration Form.
Bolster does not warrant that (a) the Customer's use of the Licensed Product will be uninterrupted or error-free and the Customer acknowledges that the Licensed Product may be interrupted by planned or unplanned maintenance including but not limited to App store provider updates initiated by Apple; (b) the Licensed Product and/or the information obtained by the Customer through the Licensed Product will meet the Customer's requirements; and
Bolster will not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Licensed Product may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
The Licensed Product is designed for use with authorised ancillary products only. Bolster does not accept any liability for any loss or damage caused by any use of the Licensed Product with any unauthorised ancillary products. A current list of authorised ancillary products is set out on the Administration Site.
4. Customer's Obligations
The Customer shall:
a. co-operate with Bolster in all matters relating to the Licensed Product;
b. be responsible (at its own cost) for providing, configuring and maintaining in good working order the necessary equipment and computer networks in accordance with any technical specifications issued by Bolster from time to time for the use of the Licensed Product, including but not limited to the necessary equipment required by the Customer to access the Administration Site and App and the equipment required by the Authorised Users to enable them to use the Licensed Product for the Purpose;
c. ensure each Authorised User keeps a secure password for his use of the Licensed Product and Content and that each Authorised User shall keep his password confidential;
d. ensure that each Authorised User accepts and complies with Bolster’s end user licence agreement (“EULA”) for the Licensed Product from time to time;
e. notify Bolster as soon as it becomes aware of any unauthorised use of the Licensed Product by any person;
f. not (save as is necessary for the completion or use of the Licensed Product for the Purpose) download, store, reproduce, display, print, distribute, publish the Content whether in whole or part, and in any manner, form or media without the prior written consent of Bolster;
g. the Customer will be responsible for setting up each Authorised User with access to the relevant Licensed Product. The Customer must ensure that each person having access to the Licensed Product is an Authorised User and uses the Licensed Product only in accordance with these terms and conditions;
h. not use any information provided by Bolster or obtained by the Customer and Authorised Users by using the Licensed Product to create any software or product where the use is substantially similar to that of the Licensed Product;
i. not access all or any part of the Licensed Product in order to create a product or service which competes with the Licensed Product;
j. not use such information in any manner which would be restricted by any copyright subsisting in it;
k. not use the Licensed Product to provide any similar or other services to third parties;
l. not license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Licensed Product available to any third party except the Authorised Users.
If the Customer or any Authorised User breaches the terms of the EULA, Bolster may, without liability to the Customer and not withstanding any other rights or remedies available to it, disable the Customer's and/or any Authorised User’s password, account and access to all or part of the Licensed Product and Content and shall be under no obligation to provide access to the Licensed Product and/or Content until such breach has been remedied and the relevant parties have agreed in writing to comply with the EULA.
The Customer agrees that other than labour only sub-contractors no other sub-contractor or customer of the Customer may be an Authorised User.
5. Charges and Payments
In consideration for the provision of the Licensed Product the Customer shall pay to Bolster the Subscription Fee as set out in the Registration Form.
The Subscription Fee for the Licensed Product and the Drawing Credit Fee for Drawing Credits shall be reviewed annually, and any increase shall be effective on the commencement of the next Renewal Period.
Bolster reserves the right to increase the Subscription Fee and the Drawing Credit Fee following any review but in any event such annual increase to the Subscription Fee shall not be greater than 5% in any Contract Year.
Without prejudice to any other right or remedy that Bolster may have, if the Customer fails to pay Bolster on the due date:
a. Bolster may, without liability to the Customer, disable the Customer's and/or any Authorised User’s password, account and access to all or part of the Licensed Product and Content and shall be under no obligation to provide access to the Licensed Product and/or Content while the invoice(s) concerned remain unpaid; and
b. the Customer shall pay interest on the overdue amount at the rate of 4% per annum above Barclays Bank plc's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.
6. Drawing credits
If the Customer intends to upload a Drawing, to enable the Customer to upload a Drawing, the Customer must purchase Drawing Credits. Each upload will require the Customer to utilise a Drawing Credit.
Drawing Credits can be purchased by the Customer at any point during the term of this agreement and the Customer’s current Drawing Credit balance available will display on the home screen of the Customer’s main account.
No refunds are given on Drawing Credits purchased by the Customer.
Once Drawings are uploaded they have a life of one calender year before changing to a read only format. As long as the Customer still has a valid subscription it is able to view and generate reports but the system will not allow a Drawing to be edited after this time.
A new drawing credit will be required to reactivate an expired drawing if further works are needed.
7. Intellectual Property Rights and Customer Data
The Customer acknowledges that all Intellectual Property Rights in the Licensed Products and the Content and in connection with the Licensed Product belong to Bolster.
The Customer and its Authorised Users shall have no rights in or to the Licensed Product other than the right to use it in accordance with these terms and conditions.
The Customer will not itself, and will procure that no Authorised User, claim any Intellectual Property Rights in the Licensed Product and/or Content.
The Customer shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
The Customer warrants, represents and undertakes that:
a. any Customer Data provided to Bolster is owned by the Customer;
b. it has received the necessary consents or permissions to use the Customer Data in accordance with this Agreement from the applicable owner(s);
c. the Customer Data does not include any material that is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, or blasphemous; or
d. the Customer Data does not infringe any third party Intellectual Property Rights,
and the Customer shall indemnify Bolster against all damages, losses and expenses arising as a result of any action or claim that the Customer Data breaches the warranties, representations or undertakings set out in this paragraph.
The Customer shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data. The Customer grants to Bolster a worldwide, non-exclusive, royalty free, sub-licensable irrevocable licence to copy, use and modify the Customer Data for the purpose of carrying out its obligations under this Agreement.
The Customer acknowledges and agrees that :
e. any Customer Data or content uploaded to the Licensed Product by the Customer or its Authorised Users may be viewed and utilised by the Building Owner if the Building Owner utilises any Licensed Product for itself. The Customer grants to Bolster a worldwide, non-exclusive, royalty free, sub-licensable, irrevocable licence to allow the Building Owner to utilise any Customer Data or content uploaded to the Licensed Product by the Customer.; and
f. to the extent that Customer Data or any content uploaded to the Licensed Product is shared, edited and/or modified between the Customer, Authorised Users and/or other authorised users of the Licensed Product to which the Customer has granted permission (or permission has been granted by another customer) to access a Drawing or uploaded content, the Customer grants a non-exclusive licence to copy, use and modify the Customer Data for the Purpose.
8. Data Protection
8.1 - The Customer shall own all right, title and interest in and to all of the Customer Data that is not personal data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such Customer Data.
8.2 - Bolster shall follow its archiving procedures for Customer Data as notified to the Customer from time to time. In the event of any loss or damage to Customer Data, the Customer's sole and exclusive remedy against Bolster shall be for Bolster to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by Bolster. Bolster shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub-contracted by Bolster to perform services related to Customer Data maintenance and back-up for which it shall remain fully liable.
8.3 - Bolster shall, in providing the Services, comply with all applicable requirements of the Data Protection Legislation. This clause 8 is in addition to, and does not relieve, remove or replace, both parties’ general obligations under the Data Protection Legislation.
8.4 - The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the controller and Bolster is the processor (save in relation to registration data where Bolster will be a controller of such information). Schedule 1 sets out the scope, nature and purpose of processing by Bolster, the duration of the processing and the types of personal data and categories of data subject.
(a) if Bolster processes any personal data on the Customer's behalf when performing its obligations under this agreement, the Customer is the data controller and Bolster is the data processor for the purposes of the Data Protection Legislation (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
(b) Subject to paragraph 8.6 below, the personal data may be transferred or stored outside the EEA or the country where the Customer and the Authorised Users are located in order to carry out the Services and Bolster's other obligations under this agreement, such locations shall be notified to Customer by Bolster from time to time.
8.6 - Without prejudice to the generality of clause 8.3, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to Bolster for the duration and purposes of this agreement so that Bolster may lawfully use, process and transfer the Personal Data in accordance with this agreement on the Customer's behalf.
8.7 - Without prejudice to the generality of clause 8.3, Bolster shall, in relation to any Personal Data processed in connection with the performance by Bolster of its obligations under this agreement:
(a) process that Personal Data only on the written instructions of the Customer unless Bolster is required by the laws of any member of the European Union or by the laws of the European Union applicable to Bolster to process Personal Data (Applicable Laws). Where Bolster is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, Bolster shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Bolster from so notifying the Customer;
(b) not transfer any Personal Data outside of the European Economic Area and the United Kingdom unless the following conditions are fulfilled:
(I) the Customer or Bolster has provided appropriate safeguards in relation to the transfer;
(ii) the data subject has enforceable rights and effective legal remedies;
(iii) Bolster complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(iv) Bolster complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;
(c) assist the Customer, at the Customer's cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(d) notify the Customer without undue delay on becoming aware of a Personal Data breach;
(e) at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by Applicable Law to store the Personal Data; and
(f) maintain complete and accurate records and information to demonstrate its compliance with this clause 8.
8.8 - Bolster may engage such other processors (“Sub Processors”) as it considers reasonably appropriate for the processing of the Customer Data in accordance with the terms of the agreement (including in connection with support, maintenance and development, staff augmentation and the use of third party data centres) provided that Bolster shall notify the Customer of the addition or replacement of such Sub Processors and the Customer may, on reasonable grounds, object to a Sub Processor by notifying Bolster in writing within 5 days of receipt of its notification, giving reasons for the Customer’s objection. The parties shall work together to reach agreement on the engagement of Sub Processors. Bolster shall require all Sub Processors to enter into an agreement of equivalent effect to the terms contained in this Clause 8. For the avoidance of doubt, the Customer has approved the Sub Processors listed in Schedule 1.
8.9 - Notwithstanding paragraph 8.6 above, the Customer agrees that Bolster may use Customer Data in aggregated, anonymised form in order to improve the Services and/or Software by the use of automated decision processing and/or machine learning analysis.
8.10 - Each party shall ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it).
8.11 - Either party may, at any time on not less than 30 days' notice, revise this clause 8 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).
8.12 - Bolster will deal with any personal data provided by the Customer or its Authorised Users where it is the data controller in accordance with all applicable Data Protection Legislation and in accordance with Bolster’s privacy policy in force from time to time.
9. Template Requests
The Licensed Product allows for use of templates based on the Customer’s requirements. If the Customer requires a template then it shall provide Bolster with the details of such template in such detail as Bolster may reasonably require.
Following receipt of the Customer’s requirements for a template, Bolster will notify the Customer if it is able to provide such template within the Licensed Product and in line with subscription fees associated with this.
If Bolster is able and willing to provide the template, Bolster shall give the customer a timeframe within which it intends to make the template available through the Licensed Product (but it is acknowledged that time of delivery is not of the essence).
Bolster will use reasonable skill and care in the creation of the template.
The Customer warrants and undertakes that where it provides a template or requirements for the creation of a template within the Licensed Product that:
a. the Customer owns such requirements or materials (or is authorised to provide them to Bolster for such purposes;
b. the provision of such materials or requirements to Bolster and the provision of a template based on such materials or requirements within the Licensed Product shall not infringe the Intellectual Property Rights of any third party.
The Customer agrees that it will indemnify Bolster against all damages, losses and expenses arising as a result of any action or claim that the Customer Data breaches the undertakings set out in paragraphs a and b above.
The Customer agrees that where Bolster creates a template pursuant to the Customer’s request that Bolster shall be entitled (and the Customer hereby grants Bolster a worldwide, non-exclusive, royalty free, sub-licensable, irrevocable licence) to reuse any template created (or to create and use derivative templates) with other customers of Bolster (whether as an integral part of the Licensed Product or in relation to requests from other customers).
10. Operation and Maintenance information
The Licensed Product allows Authorised Users to download material data sheets of products they may be using as part of the report generation process. Whilst Bolster uses reasonable endeavours to ensure tha these material data sheets are up to date, they are provided on an “as is” basis for convenience and Bolster cannot and does not warrant that the material data sheets are up to date. Such materials are used by the Customer or any Authorised User at its own risk and Bolster accepts no liability in relation to such use. Therefore, when using such material data sheets the Customer will ensure (and ensure that Authorised Users shall be aware that they must ensure) that such material data sheets are:
a. correct for the materials used by their operatives;
b. the latest issued by the manufacturer. (There may be a delay between a new data sheet being produced by a manufacturer and updating it to the system) the material data sheets are made openly available by the manufacturers as free downloads.
11. Limitation of Liability
This paragraph sets out the entire financial liability of Bolster (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer:
a. arising under or in connection with this Agreement;
b. in respect of any use made by the Customer of the Licensed Products and Content or any part of them; and
c. in respect of any use made by the Customer of the Licensed Products and Content or any part of them; and
Except as expressly and specifically provided in this Agreement:
d. the Customer assumes sole responsibility for results obtained from the use of the Licensed Products and the Content by the Customer, and for conclusions drawn from such use. Bolster shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Bolster by the Customer in connection with the provision of the Licensed Products, or any actions taken by Bolster at the Customer's direction;
e. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and
f. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and
Nothing in this Agreement excludes the liability of Bolster:
g. for death or personal injury caused by Bolster's negligence; or
h. for fraud or fraudulent misrepresentation.
Subject to the above terms:
a. Bolster shall not be liable whether in tort (including for breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
b. Bolster's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the 1.5 times the total Subscription Fees paid during the 12 months immediately preceding the date on which the claim arose.
The Customer acknowledges that the Licensed Product may provide tools to assist with the calculation of the costs of work or recording time spent on a particular piece of work or hours worked. The Customer acknowledges that these are tools to assist it, but that it should always second check these calculations or recordings before relying on them and Bolster will have no liability for any inaccuracy in such calculations.
12. Termination
Without affecting any other right or remedy available to Bolster or the Customer either party may terminate the Agreement with immediate effect by giving written notice to the other party if:
a. the other party fails to pay any amount due under the Agreement on the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment;
b. the other party commits a material breach of any other term of the Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
c. the other party repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement; or
d. the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts; or goes into administration or liquidation either compulsorily or voluntarily (save for the purposes of solvent reconstruction or amalgamation); or the other party (being an individual) is the subject of a bankruptcy petition or order; of if a receiver or administrative receiver is appointed in respect of the whole or any part of its assets; or if either party makes an assignment for the benefit of or composition with its creditors generally; or if its ceases to trade; or threatens to do any of the aforementioned things; or if any analogous events occur with respect to either party in any jurisdiction to which it is subject.
On termination of this Agreement for any reason:
a. all licences granted under this agreement shall immediately terminate;
b. the Customer shall (and shall procure that all Authorised Users shall) make no further use of the Licensed Products and Content;
c. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced; andd. clauses which expressly or by implication survive termination shall continue in full force and effect.
13. Force Majeure
Neither party shall be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 3 months, the party not affected may terminate this agreement by giving 1 month’s written notice to the affected party.
14. Notices
Any notice given under the Agreement shall be in writing and shall be deemed to have been received (a) if delivered by hand on the date of delivery (b) if sent by pre-paid first class post or other next working day delivery service at 9.00 a.m. on the second day after posting or at the time recorded by the delivery service (c) if sent by fax at 9.00 a.m. on the next day after transmission.
15. Governing Law and Jurisdiction
The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).
Schedule 1
Data Protection Provisions
Subject-matter, purpose and nature of the processing of the Client Data:
- Bolster processes the Client Data for the purpose of providing the services specified in the Agreement.
Duration of the processing of the client data:
- During the Term of the Agreement. After termination or expiry of the Agreement the data may be returned to the Client or deleted at the Client’s option.
Type of personal data:
- Name, address, e-mail address, telephone number, location
Categories of Data Subject:
- Authorised Users, customers of the Customer
Permitted Sub-Processors:
AWS
Cloud computing
IaaS
Europe / Australia
Stripe
Payment processing
Payment provider
Europe
Sentry
Application monitoring tool
IaaS
Europe
Google Analytics
Platform analytics
SaaS
Europe
AppCheck
Passive pen testing
SaaS
Europe
Expo
Code distribution
SaaS
Europe
Hotjar
Platform analytics
SaaS
Europe
Hubspot
Customer support CMS
SaaS
Europe
MailChimp
Marketing platform
SaaS
Europe
Privacy Policy
Privacy Policy
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with third party for marketing purposes.
Introduction
Welcome to the Bolster Systems' privacy notice.
Bolster Systems Limited respects your privacy and is committed to protecting your personal data. This privacy notice will tell you about your privacy rights and how the law protects you and will inform you as to how we look after your personal data when you visit or use:
- the Bolster Systems mobile application software (“
App”) hosted on
www.bolstersystems.com (“
Website”), once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (“
Device”) and any services accessible through the App; and
- our Website and any of the services accessible through the Website including the web portal access (“
Services”) that are available on the Website or other sites of ours (“
Services Sites”).
IMPORTANT INFORMATION AND WHO WE ARE
THE DATA WE COLLECT ABOUT YOU
HOW IS YOUR PERSONAL DATA COLLECTED
HOW WE USE YOUR PERSONAL DATA
DISCLOSURES OF YOUR PERSONAL DATA
INTERNATIONAL TRANSFER OF YOUR PERSONAL DATA
INTERNATIONAL TRANSFERS
DATA SECURITY
DATA RETENTION
YOUR LEGAL RIGHTS
GLOSSARY1. Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how Bolster Systems Limited collects and processes your personal data through your use of the Website, App or Service Sites including any data you may provide through the Website, App or Service Sites when you sign up to our newsletter, request a demo or purchase a service from us.
The Website, App or Service Sites are not intended for children and we do not knowingly collect data relating to children
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Controller
Bolster Systems Limited is the controller and responsible for your personal data ("we", "us" or "our").
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise
your legal rights, please contact the data privacy manager using the details set out below.
Contact details
Our full details are:
Full name of legal entity: Bolster Systems Limited
Name or title of data privacy manager: David Hickson
Email address:
info@bolstersystems.com Postal address: The Studio, The Schoolhouse, Second Avenue, Trafford Park, Manchester, Greater Manchester M17 1DZ
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy notice and your duty to inform us of changes
This version was last updated June 2022 and historic versions can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. Data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
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Identity Data includes first name, last name, username or similar identifier.
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Contact Data includes billing address, delivery address, email address and telephone numbers.
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Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
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Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the website.
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Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
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Usage Data includes information about how you use our Website, App, Service Sites, products and services.
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Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share
Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does
not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any
Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
Our App may contain geo-location tracking features (under which the Licensee (being the person that Bolster contracts with for the provision of its services) and its other authorised users may be able to identify your location or locations where you have been at a specific point). We do not access this data but collect this on behalf of the Licensee who is the data controller for such data. You are able to turn these off through the App or using your Device’s settings. Turning these features off may affect the functionality of our App or Services Site.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. How is your personal data collected?
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Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our services;
- request a demo;
- create an account on our Website, App or Service Sites;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a promotion or survey; or
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Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
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Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
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Technical Data from the following parties:
a. analytics providers such as Google based outside the EU;
b. advertising networks based inside our outside the EU; and
c. search information providers based inside or outside the EU.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside or outside the EU.
- Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
To register you as a new customer / user
(a) Identity
(b) Contact
Performance of a contract with you
To process and manage your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
(a) Technical
(b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing.
Third party marketing
We will get your express opt-in consent before we share your personal data with third party for marketing purposes.
Opting in
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Cookies
Our Website, Services Sites and App use "cookies", which are small text files that are stored on your computer and can be retrieved by us to assist us in customising your experience with our online services. These cookies allow us to distinguish you from other users of our services and help us improve our Services Sites and App. The information saved supports the functionality of the Website, Services Sites and App. During some processes, data is temporarily stored as you move from step to step. This improves your experience, and data is only stored for as long as is necessary for you to complete the process. All other cookies will expire in 7 days.
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
Change of purpouse
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of your personal data
- We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
- Specific Third Parties.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International transfers
We do not transfer your personal data outside the United Kingdom or the European Economic Area (EEA) (unless you are a customer based in New Zealand where we process your data in Australia).
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. Glossary
Lawful basis
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Third parties
External Third parties
- Service providers acting as processors based in the United Kingdom who provide IT and system administration services.
- Our hosting providers, currently AWS who are based in Ireland.
- Professional advisers acting as processors including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors based in the United Kingdom who may require reporting of processing activities in certain circumstances.
Your legal rights
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
EULA
1. This end-user licence agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) and Bolster Systems Limited (company number 09148744) whose registered office is at The Studio, The Schoolhouse, Second Avenue, Trafford Park, Manchester M17 1DZ (“Bolster”, “us” or “we”) for the access to and use of:
a. the web based platform software accessible through our website
www.bolstersystems.com (
“Website”) (the “Web Platform”); and
b. any additional subscription services offered by Bolster which the Licensee has subscribed to and makes available for you to access through the App or Web Platform;
c. all documents, text, information, data, software, executable code, access codes, images, audio or video material in whatever medium or form comprised in or used with the App and/or the Web Platform other than the Customer Data (defined below) (
“Content”),
d. together with any error corrections or updates that Bolster may provide or perform with respect to the Web Platform and/or the App from time to time (the
“Licensed Product”).
2. Operating System Requirements
Operating System Requirements
The App requires an iOS or Android device.
The following are recommended minimum device specifications.
iOS:-
- Device running iOS 12 at minimum, recommended latest iOS.
- iPhone - 6s or later (running iOS 12+)
- iPad - 4th generation or later
- iPad mini - 3+
- iPad Air - any
- iPad Pro - any
- At least 500mb of free space required, more needed for bigger syncs with more images etc.
Android:-
- Minimum Android version 7 - Nougat.
- Specifications: RAM: 3gb
- CPU: quad core @ 1.8ghz
- Storage: 32gb internal memory - At least 500mb free space, more needed for bigger syncs with more images etc.
Desktop:-
The Web Platform requires internet access and is designed to be compatible with a range of web browsers and operating systems. To correctly view and engage with the Web Platform, we recommend using any of the following browsers:
- Firefox
- Chrome
- Safari
- Internet Explorer 11.0 or later
3. Important Notice
By downloading the App or using the Licensed Product from the Website or clicking on the "accept" button below you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the privacy policy defined in condition 6 and limitations on liability in condition 12.
If you do not agree to the terms of this licence, Bolster will not license the use of the Licensed Product to you and you must stop the downloading or streaming process now by clicking on the "cancel" button below. In this case the downloading or streaming process will terminate.
4. Definitions
Authorised Users:- the Licensee’s partners (if the Customer is a partnership), members (if the Customer is a limited liability partnership), officers (if the Customer is a corporate body) and employees who are authorised to access and use the Licenced Product in accordance with these terms and conditions.
Building Owner:- the owner or its authorised representatives of the building, property or construction (or any part therefore) which is the subject of any use of the Licensed Product.
Customer Data:- the data inputted by you, any other Authorised User or Bolster on your behalf for the purpose of using the Licensed Product or facilitating your use of the Licensed Product.
Licensee:- the customer specified in the Registration Form who purchased the subscription for the Licensed Product for your use as an Authorised User.
Overarching Licence Agreement:- the agreement for the purchase of the subscription for the Licensed Product by the Licensee under which you are authorised to use the Licensed Product as an Authorised User.
Registration Form:- Bolster’s order form for the Licensed Product on which the Licensee registers for use of the Licensed Product on the relevant product platform.
5. Licence
On completion of the purchase of the Licenced Product by the Licensee and in consideration of you agreeing to abide by the terms of this EULA, as an Authorised User, we grant you a non- transferable, non-exclusive licence to use the Licensed Product, for the subscription term as set out in the Overarching Licence Agreement, subject to these terms, the Privacy Policy and any Appstore Rules (as defined below) (as the case may be), incorporated into this EULA by reference. We reserve all other rights.
In consideration of you agreeing to abide by the terms of this EULA, you may:
a. if you are downloading or streaming the App, download or stream a copy of the App onto your Device (as defined in this clause 5 below) and view, use and display the App on your Device for your business purposes only;
b. if you are using the Web Platform, you may use the Web Platform for your own business purposes as set out in the EULA; and
c. use the Content for your own business purposes only.
We license use of the Licensed Product to you on the basis of this EULA and subject to any rules or policies applied by any provider of a service allowing the download of the App (
“Appstore”) where, the End-user downloaded the App
(“Appstore Rules”). We do not sell the Licensed Product (or any part of it) to you. We remain the owners of the Licensed Product at all times.
We may change these terms at any time by sending you an SMS with details of the change or notifying you of a change when you next start the Licensed Product. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Licensed Product.
From time-to-time updates to the App may be issued through the Appstore or to our Web Platform through our Website. Depending on the update, you may not be able to use the Licensed Product until you have downloaded or streamed the latest version of the Licensed Product and/or accepted any new terms.
You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned by you to use the Licensed Product (
“Devices”) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Licensed Product in relation to any Device or the Web Platform, whether or not it is owned by you.
The terms of our privacy policy from time to time, available at www.bolstersystems.com (
“Privacy Policy”) are incorporated into this EULA by reference and apply to your use of the Licensed Product. Additionally, by using the Licensed Product, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Licensed Product may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
By using the Licensed Product, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals that are internet-based or wireless to improve our products and to provide any services to you.
The Licensed Product may contain links to other independent third- party websites (
“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
The App may contain geo-location tracking features (under which the Licensee and its other authorised users may be able to identify your location or locations where you have been at a specific point). You are able to turn these off through the App or using your device’s settings. Turning these features off may affect the functionality of the Licensed Product.
You acknowledge that the Licensed Products may provide tools to assist with the calculation of the costs of work or recording the time spent on a particular piece of work or hours worked. You acknowledge that these are tools to assist you, but you should always second check these calculations or recordings before relying on them.
6. Acceptable use
You agree to only use the Licensed Product if you are an Authorised User as allocated by the Licensee under the terms of the Overarching Licence Agreement.
You must:
a. not use the Licensed Product in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Licensed Product or any operating system;
b. not infringe our intellectual property rights or those of any third party in relation to your use of the Licensed Product, including the submission of any material (to the extent that such use is not licensed by this EULA);
c. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Licensed Product;
d. not use the licensed Product in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
e. not collect or harvest any information or data from the Licensed Product or any service or our systems or attempt to decipher any transmissions to or from the servers running any Licensed Product.
7. Bolster’s Obligations
Subject to your compliance with this EULA Bolster shall use all reasonable endeavours to:
a. provide the Licensed Product on the terms of this EULA in all material respects;
b. provide such support to you as is reasonably necessary to allow you as an Authorised User to use the Licensed Product in accordance with its support policy in effect at the time the Licensed Product is provided and as published on Bolster’s website
www.bolstersystems.com, or as otherwise notified to you or the Licensee by Bolster in writing from time to time. Bolster may amend the support policy in its sole and absolute discretion from time to time;
c. comply with all applicable laws and regulations, including those relating to anti-bribery and anti-corruption. Bolster does not warrant that (a) your use of the Licensed Product will be uninterrupted or error-free and you acknowledge that the Licensed Product may be interrupted by planned or unplanned maintenance; (b) the Licensed Product and/or the information obtained by you through the Licensed Product will meet your requirements.
8. Your Obligations
You shall:
a. co-operate with Bolster in all matters relating to the Licensed Product;
b. keep a secure password for your use of the Licensed Product and shall keep your password confidential;
c. notify Bolster as soon as you become aware of any unauthorised use of the Licensed Product by any person;
d. not use any information provided by Bolster or obtained by the Licensee or any Authorised Users by using the Licensed Product to create any software or product where the use is substantially similar to that of the Licensed Product;
e. not access all or any part of the Licensed Product in order to create a product or service which competes with the Licensed Product;
f. not use such information in any manner which would be restricted by any copyright subsisting in it;
g. not copy the Licensed Product except where such copying is incidental to normal use of the Licensed Product, or where it is necessary for the purpose of back-up or operational security;
h. not make alterations to, or modifications of, the whole or any part of the Licensed Product, or permit the Licensed Product or any part of them to be combined with, or become incorporated in, any other programs;
i. not use the Licensed Product to provide any similar or other services to third parties; and
j. not license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Licensed Product available to any third party.
If you breach the terms of the EULA, Bolster may, without liability to you or the Licensee and not withstanding any other rights or remedies available to it, disable your password, account and access to all or part of the Licensed Product and shall be under no obligation to provide access to the Licensed Product until such breach has been remedied and you have agreed in writing to comply with the EULA.
9. Intellectual Property Rights and Customer Data
For the purpose of this clause Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (
“Intellectual Property Rights”).
You acknowledge that all Intellectual Property Rights in the Licensed Products and the Content and in connection with the Licensed Product belong to Bolster and that you shall have no rights in or to the Licensed Product other than the right to use it in accordance with this EULA.
You will not claim any Intellectual Property Rights in the Licensed Product and/or Content.
You and or the Licensee (as the case may be) own all Intellectual Property Rights in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
You grant to Bolster a worldwide, non-exclusive, royalty free, sub- licensable irrevocable licence to copy, use and modify the Customer Data owned by you for the purpose of carrying out its obligations under this EULA.
You acknowledge and agree that:
a. any Customer Data or content uploaded to the Licensed Product by you may be viewed by the Building Owner if the Building Owner utilises any Licensed Product for itself. You grant to Bolster a worldwide, non-exclusive, royalty free, sub-licensable, irrevocable licence to allow the Building Owner to utilise any Customer Data or content uploaded to the Licensed Product by you.
10. Material Data Sheets
The Licensed Product allows You to download material data sheets of products You may be using as part of the report generation process. Whilst Bolster uses reasonable endeavours to ensure that these material data sheets are up to date, they are provided on an “as is” basis for convenience and Bolster cannot and does not warrant that the material data sheets are up to date. Such materials must be used by you at your own risk and Bolster accepts no liability in relation to such use. Therefore, when using such material data sheets You must ensure that such material data sheets are:
a. correct for the materials being used; and
b. the latest issued by the manufacturer (there may be a delay between a new data sheet being produced by a manufacturer and updating it to the system) the material data sheets are made openly available by the manufacturers as free downloads.
11. Limitation of Liability
This paragraph sets out the entire financial liability of Bolster (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you:
a. arising under or in connection with this EULA;
b. in respect of any use made by you of the Licensed Products and Content or any part of them; and
c. in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this EULA.Except as expressly and specifically provided in this EULA:
d. you assume sole responsibility for results obtained from the use of the Licensed Products and the Content by you, and for conclusions drawn from such use. Bolster shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Bolster by you in connection with the provision of the Licensed Products, or any actions taken by Bolster at your direction;
e. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this EULA;
f. the Licensed Products and the Content are provided to you on an "as is" basis; and
g. we will not be liable to you for your use of the Licensed Product as our total liability for the provision of the Licensed Product to you is to the Licensee in accordance with the Overarching Licence Agreement.Nothing in this Agreement excludes the liability of Bolster:
h. for death or personal injury caused by Bolster's negligence; or
i. for fraud or fraudulent misrepresentation; or
j. any other liability that cannot be excluded or limited by law.
Subject to the above terms Bolster shall not be liable whether in tort (including for breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement.
12. Termination
Without affecting any other right or remedy available to Bolster, Bolster may terminate this EULA immediately by written notice to you if:
a. if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
b. the Overarching Licence Agreement expires or is terminated in accordance with the terms of the Overarching Licence Agreement; and
c. you are no longer an Authorised User of the Licensed Product; and
d. if you cease to work for the Licensee for whatever reason.On termination of this Agreement for any reason:
e. all licences granted under this EULA shall immediately terminate;
f. you shall make no further use of the Licensed Products and you must immediately cease all activities authorised by this EULA;
g. if applicable you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Content then in your possession, custody or control and certify to us that you have done so;
h. we may remotely access the Devices and remove the App from all of them and cease providing you with access to the App and Web Platform.
i. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced; and
j. clauses which expressly or by implication survive termination shall continue in full force and effect.
13. Force Majeure
Neither party shall be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non- performance continues for 3 months, the party not affected may terminate this agreement by giving 1 month’s written notice to the affected party.
14. Notices
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Bolster Systems Limited at The Studio, The School House, Second Avenue, Trafford Park, Manchester M17 1DZ and info@bolstersystems.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the Licensed Product.
15. Other Important Terms
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
16. Governing Law and Jurisdiction
The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).
