Hybrid Comply Terms of Service
1. About these Terms
These Terms of Service (“Terms”) govern access to and use of:
- the Hybrid Comply mobile application;
- the Hybrid Comply web portal and administrative dashboard;
- Hybrid Comply inspection, reporting and document-generation features;
- related support, integrations and subscription services; and
- any other service that links to these Terms,
together referred to as the “Service”.
The Service is operated by HYBRID HQ LTD, trading as Hybrid Comply (“Hybrid Comply”, “we”, “us” or “our”).
Our details are:
- Legal name: HYBRID HQ LTD
- Company number: 17344036
- Registered office: 142-143 Parrock Street, Gravesend, Kent, United Kingdom, DA12 1EY
- Email: hello@hybrid-hq.co.uk
By creating an account, purchasing a subscription, accepting an invitation to use Hybrid Comply or otherwise using the Service, you agree to these Terms.
Please read them carefully before using Hybrid Comply.
2. Important information about Hybrid Comply
Hybrid Comply is a property health and safety inspection and compliance-reporting platform for use in the United Kingdom.
Hybrid Comply may be used by:
- property and homeowners;
- schools and education providers;
- business and commercial property owners;
- hotels and recreation facilities;
- landlords;
- letting and managing agents;
- facilities managers;
- inspectors;
- contractors;
- tenants and occupiers; and
- authorised employees or representatives of these persons.
Hybrid Comply assists users with collecting inspection information, recording evidence, identifying issues, tracking remedial actions and generating reports.
Hybrid Comply is a decision-support and record-keeping tool. Unless expressly agreed by us in writing:
- Hybrid Comply does not itself inspect properties;
- Hybrid Comply does not certify that a property is safe or legally compliant;
- Hybrid Comply does not replace a qualified inspector, surveyor, fire-risk assessor, electrician, gas engineer, building professional, legal adviser or other competent professional;
- a generated report is not automatically a statutory certificate;
- a completed checklist does not guarantee that every defect or hazard has been identified; and
- responsibility for the property, inspection and resulting decisions remains with the relevant customer and competent person.
3. Who may enter into these Terms?
You may use Hybrid Comply only if:
- you are at least 18 years old;
- you have legal capacity to enter into a contract; and
- you are legally permitted to use the Service.
If you use Hybrid Comply for an organisation, you confirm that:
- you are authorised to bind that organisation to these Terms;
- all information you provide on its behalf is accurate; and
- references to “you” include both you and that organisation where appropriate.
If you are not authorised to bind the organisation, you must not create an organisational account, purchase a subscription for it or accept these Terms on its behalf.
4. Business Customers and Consumers
Some provisions of these Terms apply differently depending on whether you are a Business Customer or a Consumer.
A Business Customer is a person using Hybrid Comply wholly or mainly for purposes connected with a trade, business, craft or profession.
A Consumer is an individual using Hybrid Comply wholly or mainly for purposes outside that individual’s trade, business, craft or profession.
If you are a Consumer:
- your statutory rights are not excluded or reduced by these Terms;
- any restriction or exclusion in these Terms applies only to the extent permitted by law; and
- the Consumer-specific provisions in these Terms take priority if they conflict with another provision.
5. Accounts
5.1 Account registration
To use certain features, you must create an account or accept an invitation from a customer account administrator.
You must provide accurate, current and complete information.
You must promptly update information that changes.
We may reject an account registration where reasonably necessary, including where:
- information appears inaccurate or misleading;
- we cannot verify eligibility;
- the registration may be fraudulent;
- the proposed use is unlawful or outside the intended purpose of Hybrid Comply; or
- accepting the account would create an unreasonable security, legal or reputational risk.
5.2 Account security
You are responsible for:
- keeping login credentials confidential;
- using a strong and unique password;
- enabling multi-factor authentication where available;
- restricting access to authorised persons;
- protecting devices used to access Hybrid Comply;
- logging out of shared devices; and
- notifying us promptly of suspected unauthorised access.
You must not:
- share a personal account between multiple users;
- allow another person to impersonate you;
- bypass access controls;
- disclose authentication codes;
- sell or transfer an account without our written approval; or
- use another person’s account without permission.
You are responsible for activity carried out through your account unless the activity resulted from a security failure for which we are legally responsible.
5.3 Organisational administrators
An organisational customer may appoint account administrators.
Administrators may be able to:
- add and remove users;
- assign roles and permissions;
- access inspection records;
- manage properties and templates;
- view account activity;
- configure retention and sharing settings;
- purchase subscriptions; and
- export or delete customer data.
The customer is responsible for its administrators and the permissions it grants.
Where your account is provided through an organisation, that organisation may control your access and may suspend or terminate it.
6. Licence to use Hybrid Comply
Subject to these Terms and payment of applicable charges, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use Hybrid Comply during the applicable subscription period for its intended purpose.
This licence does not transfer ownership of Hybrid Comply or any related intellectual property.
You may install the mobile application on devices that you own or control, subject to applicable app-store terms.
You must not:
- copy, modify or distribute Hybrid Comply except where expressly permitted;
- reverse engineer, decompile or attempt to extract source code, except to the limited extent such restriction is prohibited by law;
- create a competing service using Hybrid Comply or its confidential features;
- remove ownership, copyright or trade-mark notices;
- rent, lease, resell or commercially sublicense the Service;
- use automated tools to scrape or extract data without written permission;
- probe or test vulnerabilities without authorisation;
- circumvent technical restrictions or usage limits; or
- use our interfaces outside their documented purposes.
7. Subscription Plans
7.1 Plans and features
Hybrid Comply may offer free, trial, monthly, annual, usage-based or individually negotiated plans.
The features, usage allowances, number of users, number of properties, storage limits and support arrangements for each plan will be described:
- in the app;
- on our pricing page;
- in an order form;
- in a written proposal; or
- in another document incorporated into these Terms.
Where an order form or negotiated agreement conflicts with these Terms, the order form or agreement takes priority only to the extent of the conflict.
7.2 Trials
We may offer a free or reduced-price trial.
Unless stated otherwise:
- trials are limited to one per customer;
- trial functionality may be restricted;
- we may end or modify a trial on reasonable notice;
- data entered during a trial may be deleted after the trial ends; and
- continued use after the trial may require a paid subscription.
Before a trial converts automatically to a paid plan, we will provide the information and obtain any authorisation required by applicable law.
8. Charges and Payment
8.1 Prices
You must pay the charges displayed when you purchase the Service or stated in the applicable order form.
Unless stated otherwise:
- prices are quoted in pounds sterling;
- prices exclude VAT for Business Customers;
- Consumer prices will include applicable taxes where legally required; and
- charges are payable in advance.
8.2 Payment methods
Payments may be collected by us, an app store or an authorised payment provider.
You authorise the relevant provider to charge the selected payment method for:
- subscription fees;
- renewals;
- agreed usage charges;
- applicable taxes; and
- other charges clearly disclosed before purchase.
You must keep payment and billing information accurate.
8.3 Failed payments
If a payment fails, we may:
- request an alternative payment method;
- retry the payment;
- limit paid features;
- suspend the account; or
- terminate the subscription after giving reasonable notice.
We will not suspend access solely because of a genuinely disputed invoice without first giving a reasonable opportunity to resolve the dispute, except where immediate action is required to protect the Service.
8.4 Invoices
Invoices will be provided electronically through the account, by email or through the applicable payment provider.
Business Customers must notify us of a good-faith billing dispute within 30 days of the invoice date.
Undisputed amounts remain payable.
8.5 Price changes
We may change subscription prices.
For recurring subscriptions, a price change will normally apply from the next renewal occurring after we give at least 30 days’ notice.
A Consumer may cancel before the increased price takes effect.
For a fixed-term Business Customer contract, we will not increase the agreed price during the fixed term unless:
- the order form permits the increase;
- the customer purchases additional services;
- taxes or third-party charges change; or
- the parties agree otherwise in writing.
9. Renewal and Cancellation
9.1 Recurring subscriptions
Where you purchase a recurring subscription, it will renew automatically for the renewal period disclosed at purchase unless cancelled before the renewal date.
We will clearly explain:
- the subscription price;
- billing frequency;
- renewal arrangement;
- minimum commitment, if any;
- cancellation method; and
- when cancellation takes effect.
You can cancel through:
- the account subscription settings;
- the relevant app store;
- the payment provider; or
- hello@hybrid-hq.co.uk.
Cancellation stops future renewals. Unless required by law or stated otherwise, it does not automatically provide a refund for a subscription period that has already started.
9.2 Consumer cancellation rights
If you are a Consumer purchasing the Service online or at a distance, you may have a legal right to cancel the contract within 14 days after the contract is made.
To cancel, you must make a clear statement to us at:
- Email: hello@hybrid-hq.co.uk
- Address: 142-143 Parrock Street, Gravesend, Kent, United Kingdom, DA12 1EY
You may request a model cancellation form from hello@hybrid-hq.co.uk, but you do not have to use one.
If you ask us to begin providing a paid service during the cancellation period:
- we may ask for your express request;
- if you later cancel within the period, you may be required to pay a proportionate amount for services already supplied; and
- where the law allows a cancellation right to be lost for immediately supplied digital content, we will obtain the required express consent and acknowledgement before supply.
Nothing in this section limits any separate statutory remedy for faulty or non-conforming services or digital content.
9.3 Business Customer cancellation
A Business Customer may cancel according to:
- the plan terms displayed at purchase;
- the applicable order form; or
- any negotiated agreement.
Unless the order form states otherwise, cancellation of an annual or fixed-term business subscription takes effect at the end of the current committed term.
10. Inspections and Customer Responsibilities
You are responsible for ensuring that every inspection carried out through Hybrid Comply is:
- conducted by a competent and appropriately authorised person;
- suitable for the property and intended purpose;
- completed accurately and honestly;
- supported by sufficient evidence;
- reviewed before being relied upon;
- performed in accordance with applicable laws, standards and professional obligations; and
- escalated where an urgent hazard is identified.
You must not treat a Hybrid Comply checklist as exhaustive unless it has been formally approved for the relevant use by a suitably qualified person.
You remain responsible for:
- selecting appropriate inspection templates;
- determining inspection frequency;
- obtaining access to the property;
- obtaining any required consent or notice;
- verifying property and occupant information;
- evaluating risks;
- carrying out or arranging remedial work;
- meeting legal deadlines;
- retaining required records;
- submitting information to regulators or responsible persons; and
- making final compliance decisions.
11. No Emergency Service
Hybrid Comply is not an emergency service.
Do not use Hybrid Comply as the sole method of reporting:
- fire;
- gas leaks;
- structural collapse;
- electrical danger;
- threats to life;
- safeguarding emergencies;
- active criminal conduct; or
- another urgent hazard.
Where there is an immediate risk to life, health, property or safety, contact the appropriate emergency service, property manager, responsible person or qualified professional immediately.
A report submitted through Hybrid Comply does not guarantee that it will be reviewed in real time.
12. Reports, Scores and Recommendations
Hybrid Comply may generate:
- inspection summaries;
- compliance reports;
- risk ratings;
- action lists;
- suggested priorities;
- reminders;
- certificates or certificate-style documents;
- dashboards; and
- recommended remedial steps.
These outputs depend on:
- the information entered by users;
- the selected template;
- configured rules;
- available evidence; and
- the accuracy and completeness of customer data.
You must review each output before relying on, signing, issuing or sharing it.
You must correct errors and obtain professional advice where appropriate.
Unless expressly stated and legally authorised, Hybrid Comply-generated documents are not:
- statutory certificates;
- professional opinions;
- guarantees of legal compliance;
- warranties of property condition;
- fire, gas or electrical safety certificates;
- building-control approvals;
- insurance assessments; or
- substitutes for reports that must be completed by a licensed or accredited professional.
13. Photographs, Video, Location and Inspection Evidence
Hybrid Comply may allow users to record:
- photographs;
- videos;
- voice notes;
- signatures;
- timestamps;
- device information;
- geographic location;
- annotations; and
- other inspection evidence.
You are responsible for ensuring that collection and use of this evidence is lawful, necessary, proportionate and authorised.
You must:
- avoid photographing identifiable people unless necessary;
- avoid capturing children wherever possible;
- minimise inclusion of personal belongings and private documents;
- obtain required permission to enter and photograph a property;
- inform relevant occupants or individuals where required;
- avoid unlawful surveillance;
- follow safeguarding requirements;
- use location functions only for legitimate inspection purposes; and
- restrict access to evidence appropriately.
You must not manipulate inspection evidence in a misleading or fraudulent way.
Hybrid Comply may retain original uploads and associated metadata to preserve an audit trail. Redaction, cropping and annotation tools do not remove your responsibility for the lawful collection and sharing of the original material.
14. Tenants, Occupants and Third Parties
Where an inspection affects tenants, employees, pupils, guests, residents, contractors or other third parties, the customer is responsible for:
- identifying the legal basis for the inspection;
- giving any required notice;
- respecting rights of access and quiet enjoyment;
- complying with tenancy, employment, education and safeguarding rules;
- limiting data collection;
- managing complaints;
- responding to data-protection requests; and
- ensuring that information is disclosed only to authorised recipients.
Nothing in Hybrid Comply grants a right to enter a property or overrides a person’s legal rights.
15. Customer Data
“Customer Data” means information, documents, photographs, videos, reports, templates and other material submitted to or generated through the Service by or for a customer.
As between you and Hybrid Comply, you retain ownership of Customer Data.
You grant us a non-exclusive licence to host, copy, transmit, display, modify for technical formatting, back up and otherwise process Customer Data only as reasonably necessary to:
- provide and secure the Service;
- follow your instructions;
- comply with law;
- prevent misuse; and
- exercise our rights under these Terms.
This licence ends when the relevant data is deleted from our active systems, subject to:
- backup cycles;
- legal retention duties;
- dispute preservation;
- anonymised information; and
- the Data Processing Agreement.
You confirm that:
- you have the necessary rights and permissions for Customer Data;
- Customer Data and its collection do not violate law or third-party rights;
- Customer Data is accurate where accuracy is required;
- you have provided required privacy information; and
- your instructions to Hybrid Comply are lawful.
16. Data Protection
Our Privacy and Data Protection Policy explains how we process personal data where Hybrid Comply acts as a controller.
Where we process personal data for a customer as its processor:
- the customer acts as controller;
- Hybrid Comply acts as processor;
- the parties must comply with the applicable Data Processing Agreement; and
- the customer’s documented instructions include providing the Service in accordance with these Terms and its account configuration.
If required, the Data Processing Agreement is incorporated into these Terms and is available at /legal/dpa or from hello@hybrid-hq.co.uk.
The customer must not instruct us to process personal data unlawfully.
Where we believe an instruction breaches data-protection law, we may suspend the affected processing and notify the customer.
17. Acceptable Use
You must use Hybrid Comply lawfully, responsibly and only for legitimate property inspection, management, safety and compliance purposes.
You must not use the Service to:
- break any law or regulation;
- conduct unlawful surveillance;
- harass, threaten or intimidate anyone;
- discriminate unlawfully;
- invade another person’s privacy;
- collect excessive or irrelevant personal information;
- upload unlawful, defamatory, fraudulent or harmful material;
- impersonate another person;
- falsify inspections or evidence;
- forge reports, signatures or certificates;
- conceal a known hazard;
- interfere with another user’s access;
- introduce malware or harmful code;
- overload, disrupt or attack the Service;
- attempt unauthorised access;
- scrape data without permission;
- send spam;
- infringe intellectual-property rights;
- use the Service to train a competing model or product without permission;
- test security without written authorisation; or
- assist another person to do any of these things.
18. Prohibited High-Risk Uses
Unless we have expressly approved the use in writing, Hybrid Comply must not be used as the sole system for:
- emergency dispatch;
- life-critical infrastructure control;
- medical diagnosis;
- criminal-offence records;
- child safeguarding case management;
- covert employee monitoring;
- biometric identification;
- decisions to evict a tenant;
- decisions to dismiss an employee;
- decisions denying an individual an essential service; or
- any other decision producing serious legal or similarly significant effects without meaningful human review.
19. Templates and Customer Configuration
Hybrid Comply may provide standard inspection templates for convenience.
Unless expressly stated otherwise, standard templates:
- are general examples;
- may not cover every property or legal requirement;
- are not legal advice;
- may require adaptation;
- may change over time; and
- must be reviewed by a competent person before use.
Customers are responsible for templates they create, import, modify or approve.
We may correct, retire or update templates where reasonably necessary. Where a change materially affects an active customer workflow, we will seek to provide reasonable notice.
20. Third-Party Services and Integrations
Hybrid Comply may integrate with third-party services, including:
- payment providers;
- app stores;
- cloud-storage services;
- identity providers;
- property-management platforms;
- email and messaging providers;
- mapping services; and
- analytics or reporting tools.
Third-party services are governed by their own terms and privacy notices.
We are not responsible for a third-party service merely because Hybrid Comply connects to it.
You are responsible for:
- enabling integrations;
- verifying that an integration is suitable;
- configuring permissions;
- authorising data transfers;
- maintaining any required third-party account; and
- disconnecting an integration when no longer required.
We may suspend an integration that creates a security, legal or operational risk.
21. App Stores
Where you download Hybrid Comply through an app store:
- these Terms are between you and Hybrid Comply, not the app-store operator;
- the app-store operator is not responsible for providing the Service or support;
- your use is also subject to applicable app-store rules;
- payment and refund requests may need to be handled by the app store; and
- the app-store operator may have rights to enforce relevant provisions as a third-party beneficiary where its rules provide.
If app-store terms conflict with these Terms, the mandatory app-store terms will apply only to the relevant use or transaction.
22. Intellectual Property
Hybrid Comply and its licensors own all rights in:
- the software;
- source and object code;
- application design;
- user interface;
- databases;
- documentation;
- trademarks;
- branding;
- standard templates;
- algorithms;
- scoring logic; and
- other materials supplied by us.
Except for the limited licence in these Terms, no rights are transferred to you.
“Hybrid Comply”, its logo and related branding may not be used without written permission.
22.1 Feedback
If you provide ideas, suggestions or feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use them to improve or develop our services.
We will not publicly identify you as the source without permission.
22.2 Customer branding and templates
You retain rights in original branding and templates created and uploaded by you.
You grant us the rights necessary to display and process them in providing the Service.
23. Confidentiality
Each party may receive non-public commercial, technical or operational information belonging to the other party.
The receiving party must:
- protect confidential information using reasonable care;
- use it only for the contract;
- disclose it only to persons who need it and are bound by appropriate duties; and
- not disclose it to third parties except as permitted.
These duties do not apply to information that:
- is publicly available without breach;
- was lawfully known before disclosure;
- is independently developed;
- is received lawfully from another source; or
- must be disclosed by law or court order.
Where legally permitted, the receiving party will provide reasonable notice before compelled disclosure.
24. Service Availability
We aim to keep Hybrid Comply available and reliable, but we do not guarantee uninterrupted or error-free operation.
The Service may be unavailable because of:
- planned maintenance;
- emergency maintenance;
- software updates;
- internet or mobile-network failures;
- third-party provider failures;
- cyberattacks;
- events outside our reasonable control; or
- measures required to protect users or data.
Where practical, we will give notice of planned maintenance likely to cause material disruption.
A separate service-level agreement applies only where expressly agreed in writing.
25. Changes to the Service
We may update or modify Hybrid Comply to:
- improve functionality;
- address security issues;
- comply with law;
- maintain compatibility;
- remove unsafe or obsolete features;
- respond to third-party platform requirements; or
- develop the Service.
For Consumers, we will not make a change that materially reduces a paid Service during a committed period without a valid reason, reasonable notice and any remedy required by law.
For Business Customers, where a change materially removes a core paid feature during a committed term, the customer may notify us within 30 days. We will seek to provide a reasonable alternative, service credit or right to terminate the affected portion.
We may discontinue the Service by giving reasonable notice, except where immediate discontinuation is necessary for legal or security reasons.
26. Support
Support is provided according to the purchased plan.
Unless otherwise stated, support is available through:
- Email: hello@hybrid-hq.co.uk
- Hours: Monday to Friday, 9:00–17:00 (UK time)
We may request reasonable diagnostic information to investigate an issue.
Support does not include:
- professional property advice;
- legal advice;
- interpretation of legislation for a specific property;
- emergency response;
- on-site inspection;
- remediation work; or
- support for unauthorised modifications or integrations.
27. Suspension
We may suspend some or all access where reasonably necessary because:
- payment is overdue;
- an account creates a security risk;
- we suspect fraud or unlawful use;
- these Terms have been materially breached;
- use threatens the Service or another customer;
- we are required by law;
- a third-party platform requires suspension; or
- continued access may expose a person to serious harm.
Where appropriate, we will:
- explain the reason;
- limit suspension to the affected account or feature;
- give an opportunity to remedy the issue; and
- restore access when the issue is resolved.
We may act immediately where delay would create material risk.
Suspension does not remove payment obligations accrued before suspension.
28. Termination by You
You may terminate these Terms by:
- cancelling your subscription;
- closing your account; and
- ceasing use of Hybrid Comply.
Closing an individual user account may not delete records belonging to an organisational customer.
If your subscription has a fixed minimum term, charges may remain payable until the end of that term unless:
- the applicable order form allows early termination;
- we materially breach the agreement and fail to remedy the breach;
- a Consumer has a statutory cancellation or termination right; or
- the law requires otherwise.
29. Termination by Hybrid Comply
We may terminate these Terms or an account:
- at the end of a subscription period by giving reasonable notice;
- for a material breach not remedied within 14 days after notice;
- immediately for serious or repeated misuse;
- immediately for fraud, unlawful conduct or a serious security risk;
- where legally required;
- where continued provision becomes unlawful or technically impossible; or
- where payment remains overdue after reasonable notice.
For Consumers, we will exercise termination rights fairly and will not remove statutory refund or compensation rights.
30. Consequences of Termination
When these Terms terminate:
- your licence to use Hybrid Comply ends;
- access may be disabled;
- outstanding charges become payable;
- you should export required Customer Data before termination; and
- we may delete Customer Data according to our retention policy and Data Processing Agreement.
Subject to the applicable plan, we will normally allow an organisational customer 30 days after termination to request an export of its Customer Data.
We may charge a reasonable fee for complex, customised or out-of-cycle exports, provided the fee was disclosed in advance.
We may retain data where required for:
- legal compliance;
- tax and accounting;
- fraud prevention;
- dispute resolution;
- security;
- backup cycles; or
- the establishment or defence of legal claims.
Sections intended by their nature to continue after termination will remain effective, including provisions concerning intellectual property, confidentiality, payment, liability, disputes and retained data.
31. Consumer Rights
If you are a Consumer, we are required to provide the Service with reasonable care and skill and to supply digital content that meets applicable statutory standards.
Nothing in these Terms excludes rights or remedies that cannot lawfully be excluded.
Where Hybrid Comply does not conform to the contract, you may be entitled to a statutory remedy, which may include:
- repair;
- repeat performance;
- replacement;
- price reduction;
- refund; or
- another remedy required by law.
Contact us at hello@hybrid-hq.co.uk with:
- your account email;
- a description of the issue;
- the date the issue occurred; and
- any relevant evidence.
32. Warranties for Business Customers
For Business Customers, we warrant that:
- we have authority to enter into the agreement;
- the Service will materially conform to its published description during the subscription term; and
- we will provide the Service using reasonable skill and care.
If we breach this warranty, the Business Customer must notify us with reasonable detail.
We will use reasonable efforts to correct the affected Service.
If we cannot correct a material breach within a reasonable period, the Business Customer may terminate the affected Service and receive a pro-rata refund of prepaid fees for the unused affected period.
This is the Business Customer’s primary contractual remedy for breach of this section.
Except as expressly stated and to the extent permitted by law, we do not warrant that:
- the Service will be uninterrupted or error-free;
- every defect will be corrected;
- Hybrid Comply will identify every property hazard;
- reports will satisfy every regulator, insurer or third party;
- a particular template is suitable for a particular property;
- data entered by users is accurate;
- reminders will always be received; or
- use of Hybrid Comply alone will ensure legal compliance.
33. Liability That Is Not Excluded
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
This includes liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation;
- breach of terms that cannot lawfully be excluded;
- deliberate misconduct; and
- any other liability that the law does not permit us to limit.
34. Liability to Consumers
If you are a Consumer, we are responsible for loss or damage that is a foreseeable result of our breach of these Terms or failure to use reasonable care and skill.
We are not responsible for loss or damage that:
- was not foreseeable when the contract was made;
- results from inaccurate or incomplete information supplied by you;
- results from your failure to follow warnings or instructions;
- results from using Hybrid Comply for an unauthorised purpose; or
- is a business loss arising from use wholly or mainly for commercial purposes.
Nothing in this section affects your statutory rights.
35. Liability to Business Customers
This section applies only to Business Customers.
Subject to section 33, neither party will be liable to the other for:
- loss of profit;
- loss of revenue;
- loss of anticipated savings;
- loss of business opportunity;
- loss of goodwill;
- indirect or consequential loss; or
- loss arising from a failure to maintain an appropriate independent backup where the customer was reasonably able to do so.
Subject to section 33, Hybrid Comply’s total aggregate liability arising from or relating to the Service in any 12-month period will not exceed the fees paid or payable by the Business Customer for the affected Service during the 12 months immediately before the event giving rise to the claim.
The following may be subject to a separate higher cap of two times the general cap:
- breach of confidentiality;
- breach of data-processing obligations;
- infringement of third-party intellectual-property rights by the Service; and
- damage caused by Hybrid Comply’s wilful misconduct.
Multiple related events will be treated as one event for the purpose of the cap.
The parties agree that the charges reflect the allocation of risk in these Terms.
36. Customer Responsibility for Claims
A Business Customer will be responsible for reasonable losses, claims and costs suffered by Hybrid Comply arising from:
- unlawful Customer Data;
- an unlawful inspection;
- lack of authority to enter or photograph a property;
- falsified inspection evidence;
- infringement of a third party’s rights by Customer Data;
- the customer’s material breach of data-protection law; or
- use of Hybrid Comply contrary to these Terms,
except to the extent the claim was caused by Hybrid Comply’s breach, negligence or misconduct.
Hybrid Comply will:
- notify the customer promptly of a relevant third-party claim;
- allow the customer reasonable control of the defence and settlement; and
- provide reasonable cooperation at the customer’s cost.
The customer must not agree to a settlement that admits fault by Hybrid Comply or imposes an obligation on Hybrid Comply without our written consent.
This section applies only to the extent permitted by law.
37. Events Outside Reasonable Control
Neither party will be responsible for delay or failure caused by an event outside its reasonable control, including:
- natural disaster;
- fire or flood;
- epidemic;
- war, terrorism or civil disorder;
- widespread internet or telecommunications failure;
- utility failure;
- labour dispute;
- government action;
- cyberattack despite reasonable security measures; or
- failure of a critical third-party provider.
The affected party must:
- notify the other where reasonably possible;
- take reasonable steps to reduce disruption; and
- resume performance when possible.
Payment obligations for Services already supplied are not excused.
If a material disruption continues for more than 30 days, either party may terminate the materially affected Service.
38. Notices
We may send notices to:
- the email address registered to your account;
- an account administrator;
- the app;
- the web dashboard; or
- another contact method you provided.
You must keep contact details current.
A notice is treated as received:
- when displayed in the account;
- when sent by email, unless we receive a delivery failure; or
- two business days after posting.
Legal notices to Hybrid Comply should be sent to:
- Email: hello@hybrid-hq.co.uk
- Address: 142-143 Parrock Street, Gravesend, Kent, United Kingdom, DA12 1EY
39. Complaints
To make a complaint, contact:
- Email: hello@hybrid-hq.co.uk
- Address: 142-143 Parrock Street, Gravesend, Kent, United Kingdom, DA12 1EY
Please include:
- your name;
- account details;
- the nature of the complaint;
- relevant dates; and
- the resolution requested.
We will acknowledge and investigate complaints within a reasonable period.
Consumers may also obtain advice from the appropriate UK consumer-advice service or regulator.
40. Changes to These Terms
We may update these Terms to reflect:
- changes to the Service;
- changes in law or regulatory guidance;
- security requirements;
- changes to payment arrangements;
- new features; or
- reasonable business needs.
We will provide reasonable notice of material changes.
For Consumers, a material change will not apply retrospectively and will not unfairly reduce rights for a paid period.
For Business Customers, continued use after the notified effective date constitutes acceptance, unless the customer has a fixed agreement that provides otherwise.
If a material change significantly disadvantages a customer during a current paid period, the customer may cancel the affected Service before the change takes effect and may be entitled to an appropriate pro-rata refund.
41. Transfer of the Contract
You may not assign or transfer your rights or obligations without our written consent, which we will not unreasonably withhold in the case of a legitimate business reorganisation.
We may transfer our rights and obligations:
- as part of a merger, acquisition, financing or sale of business;
- to an affiliated company; or
- to another provider capable of performing the agreement.
A transfer will not reduce a Consumer’s statutory rights.
We will give reasonable notice where the transfer materially affects you.
42. Third-Party Rights
Except where these Terms expressly state otherwise, a person who is not a party to the agreement has no right to enforce it under the Contracts (Rights of Third Parties) Act 1999.
43. Entire Agreement
For Business Customers, these Terms, the applicable order form, Data Processing Agreement and documents expressly incorporated by reference form the entire agreement concerning the Service.
The parties acknowledge that they have not relied on a statement not included in those documents.
Nothing in this section excludes liability for fraud or fraudulent misrepresentation.
For Consumers, this section does not exclude rights arising from information that the law treats as part of the contract.
44. No Waiver
A delay or failure to enforce a right does not waive that right.
A waiver is effective only if clearly given and applies only to the specific circumstances for which it was given.
45. Severability
If a court finds part of these Terms unlawful or unenforceable, that part will be treated as modified to the minimum extent necessary or removed.
The remaining provisions will continue in effect.
46. Interpretation
In these Terms:
- headings are for convenience and do not affect interpretation;
- “including” means “including without limitation”;
- references to writing include email;
- the singular includes the plural and vice versa;
- references to law include amendments and replacements; and
- an obligation not to do something includes an obligation not to permit it.
47. Governing Law and Courts
47.1 Consumers
If you are a Consumer, these Terms are governed by the law of the part of the United Kingdom in which you live.
You may bring legal proceedings in the courts applicable to your home jurisdiction.
47.2 Business Customers
If you are a Business Customer, these Terms and any non-contractual dispute arising from them are governed by the laws of England and Wales.
The courts of England and Wales will have exclusive jurisdiction, unless the applicable order form states otherwise.
48. Contact
Questions about these Terms should be sent to:
- Legal name: HYBRID HQ LTD
- Company number: 17344036
- Registered office: 142-143 Parrock Street, Gravesend, Kent, United Kingdom, DA12 1EY
- Email: hello@hybrid-hq.co.uk