Terms of Service

1. Introduction

These terms of service ("Terms") form a contract between EcoBrace Ltd, a company registered in England and Wales [company number: TBC] with its registered office at [registered office: TBC] ("EcoBrace", "we", "us", "our"), and the business customer accessing the service ("Customer", "you", "your").

The "Service" comprises the EcoBrace renewables lead-gen platform at app.ecobrace.co.uk and the related marketing site at ecobrace.co.uk, together with any tools, data products and APIs we make available to you. Today the Service includes Search and Direct Mail; the Leads Marketplace is in design.

These Terms apply from the moment you create an account or otherwise use the Service. If you are entering into them on behalf of a business, you confirm you have authority to bind that business.

The Service is intended for business use only. We do not offer the Service to consumers as defined in the Consumer Rights Act 2015.

2. Definitions

The following capitalised terms have the meanings set out here whenever they appear in these Terms:

• Authorised User — an individual employee, contractor or agent of the Customer authorised by the Customer to use the Service under the Customer's account.
• Customer Data — data the Customer (or any Authorised User) submits to the Service, including campaign recipient lists and account configuration.
• Personal Data — as defined in the UK GDPR (Regulation (EU) 2016/679 as it forms part of UK law).
• Privacy Policy — our privacy notice at ecobrace.co.uk/privacy, which forms part of these Terms.
• Fees — amounts payable for use of the Service, set out in your account.

3. The Service

We grant you a non-exclusive, non-transferable right to access and use the Service during the term of these Terms, for your internal business purposes, subject to the Fees being paid when due and your compliance with these Terms.

The Service is provided on an "as is" and "as available" basis, subject to the warranties in section 10. We continually develop the Service and may add, modify or remove features with reasonable notice. Where a change materially reduces the functionality of a feature you actively use, we will notify you at least 30 days in advance via email or in-product banner.

4. Account & acceptable use

To use the Service you must create an account. You agree to provide accurate and current information, keep your sign-in credentials confidential, and notify us promptly if you suspect unauthorised use. You remain responsible for all activity on your account, including the acts and omissions of any Authorised User.

The Service is for use by businesses and their Authorised Users. Sharing a single set of credentials between unrelated individuals or businesses is not permitted; each business should hold its own account.

You agree to use the Service only for lawful purposes and in compliance with all applicable UK regulations, including in particular:

• the Privacy and Electronic Communications Regulations 2003 ("PECR") — including rules on unsolicited marketing communications;
• the UK GDPR and the Data Protection Act 2018;
• the Advertising Standards Authority's CAP and BCAP codes on direct marketing; and
• the Mailing Preference Service ("MPS") suppression requirements where applicable to your direct-mail activity.

You will not, and will not permit any Authorised User to:

• use the Service to harass, defraud, mislead, or otherwise harm any individual or business;
• scrape, copy, mirror or otherwise extract data from the Service outside the export tools we provide;
• reverse-engineer, decompile or attempt to derive the source code of any part of the Service, except to the extent this restriction is prohibited by applicable law;
• distribute or host data exported from the Service on any third-party platform without our prior written agreement;
• use the Service to breach any third party's intellectual property, privacy, confidentiality or contractual rights; or
• attempt to circumvent the Service's security controls, access other Customers' data, or probe the platform for vulnerabilities outside a coordinated disclosure process.

5. Pricing, billing & taxes

The Service is offered on a pay-as-you-go basis. You top up an account balance via Stripe and Fees are deducted as you use the Service. Specific prices are shown in the product before each chargeable action; by confirming an action you authorise the corresponding Fee.

All Fees are exclusive of VAT and other taxes, which we will charge in addition at the prevailing rate where applicable. For Customers established outside the United Kingdom we may apply the reverse-charge mechanism where it lawfully applies.

Top-ups are non-refundable once credited to your account. Credits that have been consumed (for example through search results revealed or mail campaigns dispatched) are not refundable except where required by law or where we agree in writing.

We may change Fees with reasonable notice (at least 30 days for a material increase). Price changes will not apply to credits already on your account at the time the change takes effect.

Payment processing is performed by Stripe; by topping up you also accept Stripe's terms of service. We do not store full card numbers — your payment data is held by Stripe under their PCI DSS compliance.

6. Data & confidentiality

In respect of Personal Data within Customer Data — for example, recipient lists you upload for a direct-mail campaign — you act as the data controller and EcoBrace acts as your processor. You warrant that you have a lawful basis under UK GDPR Article 6 for our processing on your behalf, including (where applicable) any required consents under PECR.

In respect of Personal Data we collect directly from you to operate your account (for example, Authorised User contact details, billing records, authentication logs), EcoBrace acts as the data controller. Our processing of that data is described in our Privacy Policy, which forms the data-protection schedule to these Terms.

Each party will keep the other party's confidential information confidential and use it only for the purposes of performing these Terms. Confidential information does not include information that is or becomes public through no fault of the receiving party, was already lawfully known to the receiving party, or is required to be disclosed by law or by a competent regulator.

7. Intellectual property

EcoBrace and its licensors retain all rights, title and interest in and to the Service, including all software, designs, data models, documentation and the EcoBrace name and brand.

You retain all rights, title and interest in and to Customer Data. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, process and display Customer Data solely to the extent necessary to provide the Service to you, to keep it secure and to meet our legal obligations.

The Service draws on third-party datasets — including EPC register data, council tax band data, postcode and address data — sourced under their respective public licences. Use of any such data through the Service is subject to the licence conditions of the upstream provider, which we pass through to you where relevant.

8. Service availability & support

We do not offer a formal service-level agreement at v1, but will use commercially reasonable efforts to keep the Service available 24/7. From time to time we may need to perform planned maintenance; we will give reasonable notice where possible and schedule work outside UK business hours where practicable.

For support, including any suspected security issue or platform fault, please contact us at hello@ecobrace.co.uk. We aim to acknowledge requests within one working day.

9. Suspension & termination

We may suspend your access to the Service immediately if:

• you are in material breach of these Terms;
• you fail to pay Fees when due and the failure is not remedied within 14 days of our written notice;
• we reasonably suspect your account is being used for fraudulent, unlawful or abusive activity (including unsolicited bulk messaging in breach of PECR); or
• we are required to do so by law or by a competent regulator.

Either party may terminate these Terms for material breach that the breaching party fails to remedy within 30 days of written notice. Either party may also terminate for convenience by giving 30 days' written notice; on termination by you, any remaining account balance may be refunded at our discretion, net of consumed credits and any outstanding Fees.

On termination for any reason: (a) your right to use the Service ends immediately; (b) we will make Customer Data available for export for a period of 30 days, after which we may delete it subject to any legal retention obligations; and (c) any clauses intended to survive termination (including those relating to IP, confidentiality, liability and governing law) will continue in force.

10. Warranties & limitation of liability

We warrant that we will provide the Service with reasonable skill and care. Except for that warranty and any others which cannot lawfully be excluded, we disclaim all other warranties (whether express, implied or statutory) in relation to the Service, including any warranty that the Service will be uninterrupted, error-free, or fit for any particular purpose beyond the documented description of the Service.

Subject to the paragraph below, our total aggregate liability to you arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is capped at the total Fees paid by you to us in the twelve (12) months preceding the event giving rise to the liability.

To the maximum extent permitted by law, we are not liable for any indirect, consequential, special or punitive loss; loss of profit; loss of business opportunity; loss of goodwill; or loss or corruption of data, save to the extent caused by our gross negligence or wilful misconduct.

Nothing in these Terms excludes or limits liability for: fraud or fraudulent misrepresentation; death or personal injury caused by our negligence; any liability under section 2(3) of the Consumer Protection Act 1987; or any other liability that cannot lawfully be excluded or limited.

11. Indemnity

You will indemnify and keep us indemnified against any losses, damages, costs and reasonable legal fees we incur as a result of any third-party claim arising from your unlawful use of the Service, including any breach of PECR, UK GDPR or the ASA codes in your direct-marketing activity, or any other breach of section 4 (Account & acceptable use).

We will give you prompt notice of any such claim, allow you to control its defence and settlement (subject to our prior approval, not to be unreasonably withheld), and provide reasonable assistance at your expense.

12. Force majeure

Neither party will be liable for any failure or delay in performance to the extent caused by events outside its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authority, fires, floods, accidents, pandemics, network or power outages, or failures of upstream cloud or network providers — provided the affected party promptly notifies the other and resumes performance as soon as reasonably practicable.

13. Changes to these Terms

We may update these Terms from time to time. For material changes we will give you at least 30 days' notice via email or in-product banner. Non-material changes (such as drafting improvements or clarifications) may be made with shorter or no notice. Your continued use of the Service after the changes take effect constitutes acceptance.

14. General

These Terms (together with the Privacy Policy and any order or plan documents we issue to you) constitute the entire agreement between the parties in relation to the Service and supersede any prior representations or agreements on that subject.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force; the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of substantially all our assets, on giving you reasonable notice.

A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.

Any notice under these Terms must be in writing and may be sent by email to hello@ecobrace.co.uk (to us) or to the email address on your account (to you).

15. Governing law & jurisdiction

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

16. Contact

Questions about these Terms? Email hello@ecobrace.co.uk or use the contact form .