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MASTER TERMS OF SERVICE

Last Updated: 19 March 2026

1. Introduction

These Terms of Service ("Terms") form a legally binding agreement between Mark Dodson T/A We Sweep, of Lower Moorlands, Sherburn‑in‑Elmet, LS25 6DN ("We Sweep", "we", "us", "our"), and the chimney sweep business or professional creating an account or using the We Sweep platform ("Business User", "you", "your").

By creating an account, accessing the platform, or embedding the We Sweep booking widget, you agree to be bound by:

  • These Terms
  • The Privacy Policy
  • The Data Processing Agreement (DPA)
  • The Cookie Policy

Together, these documents form the Agreement.

2. Definitions

Capitalised terms used in these Terms have the meanings set out in this clause or in the incorporated Privacy Policy or DPA.

  • Platform: means the We Sweep SaaS platform, including the booking widget, dashboard, mobile interfaces, APIs, and certificate generation tools.
  • Customer: means a homeowner or other individual who books or receives chimney sweeping or related services from you.
  • Business User Data: means personal data relating to you or your business processed by We Sweep as a controller.
  • Customer Data: means personal data relating to your Customers processed by We Sweep as your processor.
  • Services: means the provision of access to the Platform and related support.

3. Scope of Service

  • 3.1 Software Provider Only: We Sweep provides a software platform only. We do not provide chimney sweeping, inspection, maintenance, or any physical services.
  • 3.2 No Agency: We are not a party to any contract between you and your Customers. You are solely responsible for the performance, legality, and quality of your services.
  • 3.3 No Vetting: We do not verify your qualifications, insurance, or compliance with industry standards.

4. Account Registration and Security

You must:

  • Provide accurate and complete information.
  • Maintain the security of your email account (magic links rely on email access).
  • Not share your account credentials with third parties.
  • Notify us immediately of any suspected unauthorised access.

You are responsible for all activity occurring under your account.

5. Acceptable Use Policy

You must not:

  • Use the Platform for any business other than chimney sweeping or flue maintenance.
  • Upload unlawful, fraudulent, or misleading content.
  • Upload excessive or irrelevant personal data beyond what is necessary for booking and certification purposes.
  • Scrape, harvest, or systematically extract data from the Platform.
  • Share your account credentials or allow unauthorised persons to access the Platform.
  • Attempt to reverse engineer, decompile, or extract source code from the Platform.
  • Use automated scripts, bots, or crawlers to interact with the Platform.
  • Use Postmark or other integrations for non‑service‑related bulk messaging or unsolicited communications.
  • Use the Platform in any way that could damage, disable, or impair the service.
  • Interfere with or attempt to access another Business User's data or schema.

We may suspend or terminate your account immediately for breach of this Acceptable Use Policy.

6. Payments and Fees

  • 6.1 Stripe Connect: All payments are processed via Stripe Connect. You must maintain a valid, active Stripe account connected to the Platform.
  • 6.2 Platform Fee: We Sweep deducts a fee of 2% per transaction at the point of charge. This fee is applied automatically via Stripe Connect as an application fee on each payment intent. The 2% fee is calculated on the gross transaction amount before Stripe's own processing fees are deducted.
  • 6.3 No Subscription Fee: There is no monthly or annual subscription fee. The 2% platform fee is the sole charge from We Sweep.
  • 6.4 Refunds: If you issue a refund to a Customer, We Sweep refunds the platform fee proportionally.
  • 6.5 Chargebacks: You are solely responsible for chargebacks, dispute fees, and related losses. We Sweep is not liable for any chargeback outcomes.

7. Data Ownership

  • 7.1 Your Data: You retain full ownership of all Customer Data processed through the Platform. We Sweep has no independent rights to your Customer Data and processes it solely as your Data Processor in accordance with the DPA.
  • 7.2 Export: You may export your Customer Data at any time via the Platform's export functionality.
  • 7.3 On Termination: Upon termination, you have 60 days to export your Customer Data. After 60 days, Customer Data is permanently deleted in accordance with the DPA.
  • 7.4 Business User Data: We Sweep retains certain Business User Data as a Controller as described in the Privacy Policy.

8. Certificates and Professional Liability

  • 8.1 Accuracy of Data: You are solely responsible for the accuracy and completeness of all certificate data, inspection notes, appliance details, and safety recommendations.
  • 8.2 No Warranty: We Sweep does not warrant that certificate templates meet the requirements of insurers, local authorities, or professional bodies.
  • 8.3 Indemnity: You shall indemnify We Sweep against claims arising from:
    • Incorrect certificates
    • Faulty inspections
    • Safety incidents
    • Misuse of the Platform

9. Service Availability

  • 9.1 "As‑Is" Basis: The Platform is provided on an "as‑is" and "as‑available" basis.
  • 9.2 Downtime: We Sweep is not liable for loss of business, missed bookings, or inability to access certificates or the field app during scheduled or unscheduled downtime.
  • 9.3 No Credits: No service credits or refunds are provided for downtime.
  • 9.4 Suspension: We may temporarily suspend access to protect system stability, security, or to comply with legal requirements.

10. Fair Usage Policy

We Sweep monitors for usage that is grossly disproportionate to a typical chimney sweep business. We may:

  • Throttle access
  • Require a high‑volume plan
  • Suspend accounts for extreme misuse

11. Third‑Party Services

We Sweep integrates with third‑party providers (e.g., Stripe, Supabase, Postmark, Google Maps, Google Calendar). We are not responsible for outages, errors, or data processing carried out by these providers. Your use of third‑party services is subject to their respective terms.

12. Data Protection

Your use of the Platform is subject to:

  • The Privacy Policy (We Sweep as Controller for Business User Data)
  • The DPA (We Sweep as Processor for Customer Data)

In the event of conflict between these Terms and the DPA on data protection matters, the DPA prevails.

13. Limitation of Liability

  • 13.1 Exclusions: To the fullest extent permitted by law, We Sweep is not liable for loss of profits, revenue, business interruption, loss of data, or indirect/consequential loss.
  • 13.2 Cap: Our total aggregate liability under these Terms is capped at the platform fees you have paid in the preceding 3 months.
  • 13.3 Non‑Excludable Liability: Nothing in these Terms limits liability for death, personal injury caused by negligence, fraud, or fraudulent misrepresentation.

14. Termination

  • 14.1 By You: You may terminate the Agreement at any time by notifying us in writing (including email). Termination takes effect immediately upon receipt of your notice.
  • 14.2 By Us: We may terminate the Agreement by providing you with 30 days' written notice. We may terminate immediately if you materially breach these Terms and fail to remedy the breach within 14 days of notice.
  • 14.3 Effect of Termination: Upon termination:
    • You have 60 days to export your Customer Data.
    • After 60 days, Customer Data is permanently deleted in accordance with the DPA.
    • Your Stripe Connect integration is disconnected.
    • Access to the Platform is revoked.
  • 14.4 Survival: Clauses relating to liability, indemnity, data protection, and governing law survive termination.

15. Modifications to the Service

We may modify features, interfaces, or integrations at any time. Material changes will be notified via email or dashboard notification at least 14 days in advance where practicable.

16. Dispute Resolution

  • 16.1 Informal Resolution: In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the matter informally by written correspondence. Each party shall respond within 14 days.
  • 16.2 Mediation: If the dispute is not resolved within 30 days of the initial written notice, either party may propose mediation through a mediator agreed upon by both parties or, failing agreement, appointed by the Centre for Effective Dispute Resolution (CEDR).
  • 16.3 Litigation: If mediation fails or is declined, either party may pursue the matter through the courts of England and Wales.

17. Governing Law

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.