Terms & Conditions

1. Introduction

These Terms & Conditions ("Terms") govern your use of Bricks and Data's website, subscription services, software applications, hosting, support, and related services.

By accessing our website, subscribing to our Service, or using software provided by Bricks and Data, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our website or Service.

Bricks and Data is the trading name of Bricks and Data Ltd, a company registered in England and Wales with company number 12405842. These Terms are governed by the laws of England and Wales.

These Terms are intended primarily for business customers. If you are acting as a consumer, nothing in these Terms affects any statutory rights that cannot legally be excluded or limited.

2. The Service

Bricks and Data provides a subscription-based custom software development service ("Service"). The Service may include:

An initial free, no-obligation 1-to-1 meeting to discuss your requirements and a personalised demonstration of the proposed software direction.
A monthly subscription, starting from £200 per month + VAT, priced according to the agreed number of business users who need access and providing the managed custom software service.
Hosting, maintenance, and support for your software on infrastructure managed by or on behalf of Bricks and Data.
Fixes to anything that is not working as agreed, and an allowance of development time for changes during the first month after launch and each month after that, as described under Subscriptions, Billing and Ongoing Refinement.
A free domain name subscription for the first 12 months of service, subject to availability and the terms set out in these Terms.

The Service is provided as a fully managed software-as-a-service product. You are granted access to use the software application during your active subscription, but you do not own the underlying source code, infrastructure, tools, systems, or development processes unless agreed separately in writing.

We may modify, suspend, replace, or discontinue any part of the Service where reasonably necessary, including for security, maintenance, technical, operational, or legal reasons. Where practical, we will provide reasonable notice of material changes.

3. Free 1-to-1 Meeting and Demo

Before any paid subscription begins, Bricks and Data may offer a free, no-obligation 1-to-1 meeting to understand your requirements and a personalised demonstration to show the proposed software direction.

The free meeting and personalised demo are provided subject to the following terms:

The meeting is intended to understand your current process, users, priorities, problems and the result you want the software to achieve.
The personalised demo is an example of the proposed direction and is not a finished, production-ready system. It may not include every feature, integration, migration or workflow required by the final live system.
A developer leads the discovery, installs the AI-written demonstration and checks it works before it is presented.
Access to any demonstration environment is provided at Bricks and Data's discretion and may be limited, restricted or withdrawn where reasonably necessary.
The demo is provided "as is" without any warranty, and Bricks and Data does not guarantee that it will be uninterrupted, error-free or suitable for every business requirement.
Any data, configuration or content entered into the demo may not be carried over to a paid subscription unless agreed separately in writing.
Bricks and Data may decline to provide a demonstration where the requested project is unsuitable for the Service or cannot reasonably be demonstrated.

The free meeting and personalised demo do not create any obligation to subscribe. If you decide that the proposed direction is right for your business, you can choose the applicable monthly user band and the system can then be refined into the live managed service.

Subscriptions are billed monthly in advance. Standard pricing is based on the agreed number of business users: up to 5 users from £200 per month, up to 15 users from £350 per month, and up to 30 users from £550 per month + VAT. Pricing for more than 30 users is agreed separately.

The user band affects the monthly price rather than the core managed service. Standard paid plans include the custom software service, managed hosting, backups, routine maintenance, support, fixes and an allowance of development time for changes.

Each plan includes an allowance of development time for changes and improvements during the first month after your live system is launched: up to 3 hours on Small Business, up to 6 hours on Business and up to 9 hours on Growing Business. Plans for more than 30 users have an allowance agreed individually. After the launch period, each plan includes up to 1 hour a month on Small Business, up to 2 hours a month on Business and up to 3 hours a month on Growing Business. Changes may include workflow adjustments, reports, forms, dashboards, exports, usability changes and other proportionate improvements.

Unused time does not carry over: any unused launch allowance expires at the end of the launch period, and any unused monthly allowance expires at the end of that billing month. The allowance has no cash value. Work beyond the allowance is not included in the subscription; we will quote it and agree the cost with you before work begins. Work to fix anything that is not working as agreed does not use the allowance and remains included for as long as your subscription continues.

Changes are handled in the order you prioritise them. The timing and sequencing of work depend on complexity, technical feasibility, security, dependencies and current priorities. If a request would exceed the remaining allowance, we will tell you before starting and either schedule it into a later month or quote the extra work for your agreement.

Unusually large standalone modules, substantial redesigns, major data migrations, complex third-party integrations, specialist consultancy or other work materially outside the normal ongoing service may be scoped and quoted separately. Any additional charge will be agreed with you before that separately scoped work begins.

Prices are stated in £and exclude VAT, which is added at the prevailing rate where applicable.

We reserve the right to change pricing, or what is included in each plan, by giving existing subscribers at least 30 days' written notice.

Payments are processed by Stripe or another payment provider we may use from time to time. By subscribing, you also agree to the applicable payment provider's terms.

Failed, late, disputed, or reversed payments may result in suspension or restriction of your Service until payment is resolved.

5. Free Domain Name

As part of an active subscription, Bricks and Data will provide one free domain name subscription for use with your software application.

The free domain name subscription is provided for an initial period of 12 months. If your Bricks and Data subscription remains active, paid, and in good standing, Bricks and Data will renew the domain name for further 12-month periods at no additional charge.

The free domain name offer is subject to:

Domain name availability.
Reasonable domain registration and renewal costs, as determined by Bricks and Data.
The terms, policies, and technical requirements of the applicable domain registrar.
Continued payment of your Bricks and Data subscription.
The domain name being used in connection with your Bricks and Data software application.

Unless agreed otherwise in writing, Bricks and Data will manage the domain name on your behalf. This may include registration, renewal, DNS configuration, and technical management.

Premium domains, previously registered domains, domain purchases from third parties, domain brokerage fees, and unusually expensive domain extensions are not included unless agreed separately in writing.

If your subscription is cancelled, suspended, or terminated, Bricks and Data is not required to continue paying for, maintaining, or renewing the domain name. We may, at our discretion, allow you to transfer the domain name to your own registrar account, provided that all outstanding fees have been paid, the transfer is technically possible, and the applicable registrar permits the transfer.

Bricks and Data is not responsible for any loss, interruption, suspension, expiry, DNS issue, transfer issue, or domain-related failure caused by third-party registrars, DNS providers, hosting providers, payment failures, incorrect information supplied by you, or circumstances outside our reasonable control.

6. Use of AI in Development

The Service uses AI coding tools to write the code for your software application. A developer instructs the AI, installs and tests each version, has the AI fix any issues found, and repeats this until the work meets the agreed requirements. The developer decides what is suitable to release.

AI tools do not replace developer oversight. Bricks and Data may reject generated output and have it rewritten where it does not meet the agreed requirements.

No software development process can guarantee that every requested feature will be technically feasible or that software will be entirely free from defects. Requirements may be refined where necessary for security, reliability, third-party limitations, maintainability or proportionality within the subscription service.

You are responsible for reviewing and confirming that requested software features, workflows, forms, reports, automations, and outputs meet your business requirements.

7. Hosting, Maintenance and Support

Bricks and Data may provide hosting, maintenance, and support for your software application as part of your active subscription.

We will take reasonable steps to maintain the availability, security, and performance of the hosted Service. However, we do not guarantee that the Service will be uninterrupted, error-free, permanently available, or free from bugs, vulnerabilities, outages, third-party failures, or data loss.

We may carry out maintenance, updates, patches, migrations, security changes, or infrastructure changes where reasonably necessary. These may occasionally result in temporary interruption or reduced availability.

Support is provided on a reasonable-efforts basis and may be affected by the complexity of the issue, third-party services, customer-supplied data, the structure of your software and other technical dependencies.

8. File Storage, Customer Content, Backups and Data Export

As part of the Service, your software application may allow you, your staff, customers, or users to upload, store, process, transmit, or access files, data, documents, images, text, records, or other content ("Customer Content").

You are solely responsible for all Customer Content uploaded to, stored on, or processed through your software application. You must ensure that you have all necessary rights, permissions, consents, and legal authority to upload, store, use, process, and share such Customer Content.

You must not upload, store, transmit, process, or allow others to upload, store, transmit, or process any files or content that:

Are illegal, unlawful, fraudulent, or connected with criminal activity.
Infringe any copyright, trademark, privacy, confidentiality, data protection, or other rights of any person or organisation.
Contain malware, viruses, spyware, ransomware, harmful code, or any material designed to disrupt, damage, overload, or gain unauthorised access to systems or data.
Contain sexually explicit, exploitative, abusive, hateful, terrorist, extremist, or otherwise unlawful material.
Contain stolen data, unlawfully obtained personal data, confidential information you are not authorised to use, or regulated material that you are not legally permitted to store or process.
Breach any applicable law, regulation, court order, contract, or third-party agreement.

Bricks and Data may remove, restrict access to, suspend, quarantine, or delete any Customer Content where we reasonably believe it breaches these Terms, exposes Bricks and Data to legal or regulatory risk, affects the security or performance of the Service, or may cause harm to any person or organisation.

We do not actively monitor all Customer Content, but we reserve the right to investigate suspected misuse, respond to legal requests, comply with applicable law, and cooperate with law enforcement or regulatory authorities where required.

As part of the managed Service, Bricks and Data takes automated daily backups of your software application, including its database and stored files, and will use reasonable efforts to restore from them if data is lost or corrupted. Backups are provided for operational resilience, and we do not guarantee that any backup will be complete, current, error-free, recoverable, or available at any particular time.

We recommend that you also keep your own copies of important Customer Content, for example using the export options in your software application, and you remain responsible for doing so. Bricks and Data is not liable for any loss, corruption, deletion, unauthorised access, or inability to recover Customer Content except where liability cannot be excluded by law.

You may ask Bricks and Data to add or improve reasonable data download or export options within your software application or CRM, using your change allowance or as quoted work. Where technically possible and proportionate to the Service, these may include CSV downloads, reports, database exports, file downloads or other suitable export tools.

Other than the exit export described in section 11 (Cancellation, Suspension and Refunds), data export features remain subject to the technical structure of your software, security requirements, data format and third-party limitations. Bricks and Data does not guarantee that every type of data, file, format, integration or export method can be provided unless agreed separately in writing.

9. Data Protection and Privacy

Each party must comply with applicable data protection laws when using or providing the Service.

You are responsible for ensuring that your use of the Service, your Customer Content, your customer records, your CRM data, and any personal data you upload or process through the Service complies with applicable data protection laws.

Where Bricks and Data processes personal data on your behalf, Bricks and Data will only use that personal data as necessary to provide, maintain, secure, support, and improve the Service, comply with legal obligations, and exercise its rights under these Terms.

You must ensure that you have a lawful basis, and where required appropriate notices, consents, records, and permissions, for any personal data uploaded to or processed through the Service.

A separate Privacy Policy or Data Processing Agreement may apply where required or appropriate. In the event of a conflict between these Terms and any separate written Data Processing Agreement, the Data Processing Agreement will take priority for matters relating specifically to personal data processing.

10. Account Security and User Access

You are responsible for keeping your account credentials, administrator access, user logins, passwords, API keys, and access permissions secure.

You are responsible for all activity carried out through your account, software application, users, staff, contractors, customers, or anyone else who accesses the Service through your account or application.

You must notify Bricks and Data promptly if you become aware of any unauthorised access, security issue, suspected breach, compromised credentials, or misuse of the Service.

We may suspend or restrict access to the Service where we reasonably believe there is a security risk, misuse, breach of these Terms, unlawful activity, or risk to Bricks and Data, the Service, or any third party.

11. Cancellation, Suspension and Refunds

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
No partial refunds are issued for unused portions of a billing period unless required by law or agreed by Bricks and Data in writing.
If you cancel, your software and data will normally remain accessible until the end of your paid period, unless your access has been suspended or terminated due to breach of these Terms.
You may request an export of your Customer Content at any time before your subscription ends or within 30 days after it ends. We will provide your records in CSV format, or another reasonable format agreed with you, together with your uploaded files, provided all outstanding fees have been paid.
After your subscription ends, access to your software application will be suspended. We keep your Customer Content for 30 days so that an export can be requested. After that, your software, files, Customer Content and domain services may be deleted from the live Service, and Customer Content is removed from backups as those backups expire.
If your subscription is cancelled, suspended, or terminated, any free domain name provided as part of the Service may no longer be renewed, maintained, or paid for by Bricks and Data.
We reserve the right to suspend or terminate your account immediately, with no refund, if you breach these Terms, fail to pay fees, misuse the Service, upload prohibited content, create security risks, or use the Service unlawfully.

12. Intellectual Property

Bricks and Data is offered as a fully managed SaaS product. The underlying source code, infrastructure, systems, tooling, prompts, workflows, templates, libraries, development processes, and platform components remain the property of Bricks and Data or its licensors.

You are granted a limited, non-exclusive, non-transferable licence to use your software application for the duration of your active subscription and solely for your own internal business purposes, unless agreed otherwise in writing. The licence ends when your subscription ends or is terminated in accordance with these Terms.

Any content, data, branding, materials, documents, files, or information you provide to us remain your property or the property of your licensors. You grant Bricks and Data a limited licence to use them solely as necessary to deliver the Service, operate your software application, provide hosting and support, maintain backups, investigate technical or security issues, and comply with legal obligations.

You must not copy, reverse engineer, resell, sublicense, scrape, extract, reproduce, or attempt to obtain the underlying source code, systems, prompts, infrastructure, or tooling used to provide the Service, except where permitted by law or agreed in writing.

13. Acceptable Use

You agree not to use the Service to:

Violate any applicable laws or regulations.
Infringe the intellectual property rights, privacy rights, confidentiality rights, data protection rights, or other rights of others.
Upload, store, transmit, or distribute harmful, offensive, unlawful, illegal, or prohibited content.
Upload, store, transmit, or distribute malware, viruses, ransomware, spyware, or other harmful code.
Store or process data that you do not have the legal right to use.
Attempt to gain unauthorised access to our systems, infrastructure, accounts, software, networks, or data.
Interfere with the security, integrity, availability, or performance of the Service.
Use the Service for fraud, scams, phishing, spam, harassment, abuse, unlawful surveillance, or criminal activity.
Overload, abuse, probe, scan, or disrupt the Service or any related infrastructure.
Resell, sublicense, rent, lease, transfer, or make the Service available to third parties without our written consent.
Misrepresent the origin, ownership, functionality, or security of the Service.

14. Third-Party Services

The Service may depend on third-party services, platforms, infrastructure, APIs, software, payment processors, AI providers, hosting providers, domain registrars, DNS providers, email providers, analytics tools, or other external systems.

Bricks and Data is not responsible for failures, outages, limitations, changes, price increases, data loss, security incidents, policy changes, or discontinued services caused by third-party providers.

Your use of third-party services may be subject to their own terms, policies, fees, limits, and technical requirements.

Where a third-party service becomes unavailable, unsuitable, insecure, or commercially unreasonable, Bricks and Data may modify, replace, suspend, or remove related functionality from the Service.

15. Confidentiality

Each party may receive confidential information from the other in connection with the Service.

Each party agrees to take reasonable steps to protect the other party's confidential information and not to disclose it to third parties except where necessary to provide the Service, comply with law, use professional advisers, use trusted service providers, or enforce these Terms.

Confidential information does not include information that is publicly available, already known without restriction, independently developed, or lawfully received from another source.

16. Limitation of Liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot legally be limited or excluded.

To the fullest extent permitted by law:

Bricks and Data is not liable for any indirect, incidental, special, consequential, punitive, or exemplary loss or damage.
Bricks and Data is not liable for loss of profits, revenue, business, goodwill, anticipated savings, contracts, opportunity, or reputation.
Bricks and Data is not liable for any loss, corruption, deletion, unauthorised access, inability to recover, or disclosure of Customer Content except where liability cannot be excluded by law.
Bricks and Data does not guarantee that backups will be available, complete, current, error-free, or recoverable.
Bricks and Data does not warrant that the Service will be uninterrupted, error-free, secure, or suitable for every purpose.
Bricks and Data is not liable for issues caused by third-party providers, including Stripe, hosting providers, domain registrars, DNS providers, email providers, AI providers, or other external services.
Bricks and Data's total liability for any claim arising from or in connection with the Service shall not exceed the total fees paid by you to Bricks and Data in the 3 months immediately before the event giving rise to the claim.

17. Indemnity

You agree to indemnify and hold harmless Bricks and Data and its employees, contractors, directors, officers, agents, and suppliers from any claims, damages, losses, liabilities, costs, or expenses, including reasonable legal fees, arising from:

Your use of the Service.
Your breach of these Terms.
Customer Content uploaded, stored, processed, or transmitted through your software application.
Any allegation that Customer Content infringes the rights of a third party or breaches applicable law.
Your failure to comply with data protection, privacy, employment, consumer, financial, regulatory, or other applicable laws.
Misuse of the Service by your staff, customers, users, contractors, or anyone accessing the Service through your account or software application.

18. Force Majeure

Bricks and Data is not responsible for any delay, failure, interruption, or inability to perform its obligations where caused by events outside its reasonable control.

This may include internet outages, hosting failures, cyberattacks, third-party service failures, power failures, strikes, labour disputes, natural disasters, war, terrorism, civil unrest, regulatory action, changes in law, payment provider issues, domain registrar issues, or failures of suppliers or subcontractors.

19. Notices

We may contact you about the Service using the email address, billing details, account details, or other contact information you provide.

You are responsible for keeping your contact and billing information accurate and up to date.

Legal notices to Bricks and Data should be sent to legal@bricksanddata.com unless we provide another address for legal correspondence.

20. Changes to These Terms

We may update these Terms from time to time.

We will notify active subscribers of material changes by email at least 14 days before the changes take effect, unless changes are required sooner for legal, regulatory, security, or operational reasons.

Continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.

21. Assignment

You may not assign, transfer, or subcontract your rights or obligations under these Terms without our prior written consent.

Bricks and Data may assign, transfer, subcontract, or delegate its rights or obligations under these Terms as part of a business transfer, restructuring, sale, merger, change of control, or use of suppliers and subcontractors, provided this does not materially reduce your rights under these Terms.

22. Severability

If any part of these Terms is found to be invalid, unlawful, or unenforceable, the remaining parts will continue in full force and effect.

The invalid, unlawful, or unenforceable part will be treated as modified to the minimum extent necessary to make it valid, lawful, and enforceable, or removed if modification is not possible.

23. Entire Agreement

These Terms, together with any written order, subscription agreement, privacy notice, data processing agreement, or other written agreement expressly agreed by Bricks and Data, form the entire agreement between you and Bricks and Data in relation to the Service.

You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty that is not set out in these Terms or another written agreement agreed by Bricks and Data.

24. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales.

Any disputes arising from or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

25. Contact

For any questions regarding these Terms, contact us at legal@bricksanddata.com.