Terms of Service

Please read these Terms of Service carefully before using Flex Energi. By accessing or using our service, you agree to be bound by these Terms.

1. Interpretation and Definitions

Interpretation

The headings and section titles in these Terms are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa where the context requires. References to “including”, “includes” or “for example” are illustrative and do not limit the general meaning of the words that follow.

Definitions

In these Terms, unless the context otherwise requires:

• “Auditor” means a user granted access through the auditor interface to review compliance-related information as permitted by the subscriber.
• “Content” means any information, files, text, images, or other material uploaded or submitted to Flex Energi by users.
• “Customer” means an end customer of a subscriber who is given access to the customer portal or who uses secure links issued through Flex Energi.
• “Customer portal” means the restricted area of Flex Energi through which customers may view quotes, invoices, documents, and related items the subscriber chooses to share.
• “Flex Energi” means our cloud-based software platform and related services (including any progressive web app, tools, and features we make available) offered under these Terms.
• “Privacy Policy” means our privacy policy as published on our website and updated from time to time.
• “Service” means Flex Energi and the functionality provided to you in accordance with your role, subscription plan (if any), and the subscriber’s settings.
• “Subcontractor” means an external contractor (or their team members) invited or linked by a subscriber to access shared projects, appointments, tasks, or related information.
• “Subscriber” means the organisation or account holder that holds the subscription with us, pays applicable fees (where relevant), and controls invitations, roles, and sharing settings for its users.
• “Subscription plan” means the commercial package you select (or change to), as described in our published pricing and plan details at the time of subscription or plan change.
• “Terms” means these Terms of Service, as amended from time to time.
• “We”, “us”, and “our” refer to the operator of Flex Energi.
• “You” and “your” refer to the person or entity accepting these Terms, including any user account holder accessing the Service (whether as subscriber, team member, subcontractor, customer, auditor, or otherwise).

2. Acceptance of Terms

By creating an account, accessing, or using Flex Energi, you accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you may not use our service.

3. Description of Service

Flex Energi is a cloud-based platform designed to help UK MCS installers and related businesses manage compliance documentation, projects, properties, leads, quotes, invoices, appointments, forms, and related workflows. The service may include a progressive web app (PWA) for mobile access, calculation tools, automation features, reporting, and integrations made available from time to time.

Depending on your organisation’s settings and user role, you may also use features that allow collaboration with subcontractors, a customer portal for end customers, and read-only auditor access for compliance review. The scope of each feature is described in our product materials and help documentation and may change as we develop the platform.

We reserve the right to modify, suspend, or discontinue any part of the service at any time.

4. User Accounts

To use our service, you must:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Maintain the security of your password and account (including any second-factor or recovery methods)
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorised use of your account

You must not share login credentials with anyone else or allow others to use your individual account. Where your organisation needs multiple people to use Flex Energi, they should each have their own user account with the appropriate role.

5. User Roles, the Customer Portal, and Third-Party Access

Flex Energi supports different user roles (for example administrators, main business users, installers, sales users, team members with custom permissions, subcontractors and subcontractor team members, customers with portal access, and auditors). Features available to you depend on your role, the subscription held by the paying subscriber (if any), and settings chosen by that subscriber’s administrators.

Subcontractors. A subscriber may invite or link a subcontractor organisation (and its team). Access for those users is limited to the projects, appointments, tasks, and related information the subscriber chooses to share. Subcontractors must use the service only for legitimate work relating to those engagements and must comply with these Terms, reasonable instructions from the subscriber that engaged them, and applicable law (including health and safety and data protection).

Customer portal. A subscriber may give end customers access to a dedicated customer area to view quotes, invoices, and documents the subscriber has chosen to share, and to take actions the product allows (for example accepting or rejecting a quote). Portal access is controlled by the subscriber and may be enabled or withdrawn at any time. Customers must keep their login details secure. Subscribers may also send customers secure links (for example to view a quote) that work without a full portal login; recipients should treat those links as confidential and only use them as intended.

Auditors. A subscriber may grant auditor accounts to individuals the subscriber authorises to review compliance-related information made available through the auditor interface. Auditor access is typically read-only within the scope we provide in the product. An auditor user must not use or disclose information accessed through Flex Energi except as required for that review or as permitted by law. Granting auditor access is the subscriber’s decision; we do not endorse any particular auditor and we do not verify auditor qualifications.

The subscriber (account owner or paying organisation) is responsible for inviting users, assigning roles, enabling or disabling customer portal access, and deciding what to share with subcontractors and auditors. You agree that we may rely on those settings and invitations when providing the service.

6. Subscription and Payment

Subscription fees, billing frequency, renewals, and the features and limits included in your access are charged and provided in accordance with the subscription plan you select when you subscribe or change plan, as described in our published pricing and plan details at that time.

Our service is provided on a subscription basis:

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• We reserve the right to change our pricing with 30 days' notice
• Failure to pay may result in suspension or termination of your account
• Free trials are available for new users as specified in our pricing plans

Fees and billing relationships are primarily between us and the subscribing organisation or account responsible for payment. Other user types (such as portal-only customers or invited subcontractors) use the service in accordance with these Terms and the inviting organisation’s instructions, without creating a separate paid subscription with us unless we expressly agree otherwise.

7. User Content and Data

You retain ownership of all data and content you upload to Flex Energi. By using our service, you grant us:

• A license to use, store, and process your data to provide the service
• The right to create backups and maintain data integrity
• Permission to use anonymised, aggregated data for service improvement

You are responsible for ensuring you have the right to upload any content and that it does not violate any laws or third-party rights.

Where your organisation shares content with customers (including via the customer portal or secure links), subcontractors, or auditors through Flex Energi, you confirm that you have the legal right to make that disclosure and that doing so complies with your obligations to data subjects and third parties. We process such data only to operate the features you enable.

8. Acceptable Use

You agree not to:

• Use the service for any illegal purpose or in violation of any laws
• Attempt to gain unauthorised access to the service or other accounts
• Interfere with or disrupt the service or servers
• Upload malicious code, viruses, or harmful content
• Reverse engineer, decompile, or attempt to extract source code
• Resell or redistribute the service without authorisation
• Misuse shared access—for example, using subcontractor, customer, or auditor access to obtain or use information outside the scope your organisation intended, or sharing secure links or tokens with unintended recipients
• Impersonate another person or misrepresent your affiliation, role, or authority

9. Intellectual Property

The Flex Energi platform, including its design, features, and functionality, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or create derivative works of the service without our written permission.

10. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted or error-free service. We reserve the right to perform maintenance, updates, or modifications that may temporarily affect service availability.

11. Disclaimers

Flex Energi is a software tool to support your business processes. It does not constitute legal, regulatory, tax, insurance, or professional compliance advice. You remain solely responsible for meeting MCS, building regulations, health and safety, consumer protection, and any other legal or contractual obligations that apply to your work, including obligations owed to your customers and subcontractors.

Features such as compliance checklists, document workflows, calculation tools, and auditor views are provided for convenience. They do not guarantee certification, approval by a certification body, or successful audit outcomes. Any auditor or subcontractor using the platform acts for or in relation to the organisation that invited them—not as our agent—and we are not responsible for their acts or omissions.

The customer portal and secure links are provided as a channel for your organisation to share information with customers. We are not party to contracts between you and your customers except as stated in these Terms for the provision of Flex Energi itself.

12. Limitation of Liability

To the maximum extent permitted by law, Flex Energi and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. If you are a consumer, your statutory rights are not affected. Subject to the foregoing, our total aggregate liability arising out of or in connection with the service in any twelve-month period shall not exceed the fees actually paid to us for the service in that period by the subscriber responsible for your access (or, if there is no such fee-paying relationship, one hundred pounds sterling). This limitation applies whether liability arises in contract, tort (including negligence), or otherwise.

13. Termination

Either party may terminate this agreement at any time. Upon termination, your right to use the service will cease immediately. We may delete your account and data after a reasonable retention period, unless required by law to retain it longer.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the service. Your continued use after changes constitutes acceptance of the new Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16. Contact Information

If you have questions about these Terms, please contact us at:

Email: [email protected]
Support: [email protected]