Terms of Service

• • "Firmit" / "the platform" - our software service that lets you send quotes, agreements and payment requests, take payments from your customers, and keep a record.

• • "Customer" - a person or business you send a quote or payment request to through Firmit.

• • "Firmit Pro" - our paid subscription tier.

• • "Platform fee" - our service fee charged on transactions you take through Firmit.

• • "Stripe" - Stripe Payments Europe/UK, the regulated payment provider that processes payments.

• • "Content" - anything you upload or create in Firmit, including your customers' details, quotes, and your own terms.

Firmit is a software platform - a technology tool. Firmit is not a bank, not a payment institution, and not a party to your work or your contracts with your customers. We do not hold your money: payments are processed by Stripe and settle to you. We are a technical service provider; the relationship for the work and for payment is between you and your customer.

To use Firmit, you confirm that you:

• • are at least 18 and can enter into a binding contract;

• • are using Firmit for a trade or business (not as a consumer);

• • if you're accepting on behalf of a company or firm, are authorised to bind it;

• • are based in the United Kingdom (or another territory we support);

• • can lawfully accept payments and complete Stripe onboarding (see section 8); and

• • are not barred from using the service, and won't use it for any activity on Stripe's restricted-businesses list or that is otherwise prohibited or high-risk.

We may refuse, suspend, or close accounts that don't meet these requirements.

You must give accurate, current information and keep it up to date. You're responsible for your login credentials and for all activity under your account. Keep your access secure and tell us promptly at admin@firmit.app if you suspect unauthorised use. One account per business unless we agree otherwise.

You may use Firmit to run your trade business: quote, request and take payment, and keep records. You're responsible for how you use it - including the accuracy of your quotes and prices, the work you do, the guarantees you give, and your compliance with the law (see sections 11 and 12).

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Firmit software for your business while these terms apply. You must not copy, resell, rent, sub-licence, reverse-engineer, scrape, or misuse the software, use it to build a competing product, or remove any notices. All intellectual property in Firmit remains ours (see section 15).

• • Plans and free tier. Firmit offers a free tier and a paid Firmit Pro subscription. What's included in each is described at sign-up and on our website, and may change.

• • Billing. Pro is billed in advance on a monthly recurring basis through Stripe. By subscribing, you authorise us (via Stripe) to charge your chosen payment method each period until you cancel.

• • Auto-renewal. Subscriptions renew automatically each period unless cancelled before renewal.

• • Price changes. We may change subscription prices or what's included on reasonable notice; changes take effect at your next renewal, and continuing means you accept them.

• • Cancellation. You can cancel Pro at any time; cancellation takes effect at the end of the current paid period, and you keep Pro access until then.

• • Taxes. Prices are inclusive of any applicable VAT; you're responsible for any taxes that apply to you.

Subscription refunds are dealt with in section 10.

• • Stripe processes payments - we don't hold funds. To take payments through Firmit you must onboard as a Stripe connected account and accept Stripe's Connected Account Agreement - a separate agreement between you and Stripe. You must keep your Stripe account in good standing and give accurate onboarding/identity information.

• • You are the merchant of record. Your customers pay you: the money settles to your connected account, your name appears on the transaction, and you are responsible for Stripe's processing fees, for refunds, and for any chargebacks or disputes on your transactions.

• • How our fee is taken. We collect our platform fee as an application fee on your transactions (see section 9). Stripe deducts its own processing fee separately.

• • Payouts, holds and reserves. Payout timing, and any holds, reserves, or account reviews, are governed by Stripe. We may not be able to release funds Stripe holds, and we're not liable for Stripe's decisions - though we'll help where we reasonably can.

• • Payment methods. Available methods (e.g. card, Pay by Bank, and any pay-later options) depend on Stripe and your settings. Where a customer uses a method like Klarna/Clearpay, that is between the customer and that provider under its terms.

We charge a platform fee for use of Firmit, shown to you (and, where you choose to pass it on, to your customer at checkout). At launch this is 1% of the transaction, capped at £5, and it may differ by plan. You can choose, per your settings or per quote, whether the fee is passed on to your customer or absorbed by you. We may change our fees on reasonable notice; continued use after a change means you accept it.

(a) Your Firmit Pro subscription. Pro is a rolling subscription you can cancel anytime (see section 7). As a business user you don't have a consumer "cooling-off" right, and we don't generally give refunds for part-used periods - but we'll honour any refund the law requires and may give one at our discretion.

(b) Refunds to your customers. Refunds for the work or goods are between you and your customer - you decide and issue them through Firmit/Stripe, in line with the customer's legal rights (including the Consumer Rights Act 2015). When you refund a customer:

• • the customer is refunded in full, including our platform fee, which we return; and

• • Stripe's processing fee on the original payment is non-refundable and is borne by you as the merchant of record.

You're responsible for handling your customers' cancellations and refund requests lawfully.

Your contract for the work is between you and your customer - not Firmit. You are responsible for the work and goods, your prices, your guarantees and warranties, your customer agreements, and any dispute with a customer. Where Firmit helps you create a customer agreement (e.g. from a template or the agreement helper), those terms are your own: you review, adopt, and are responsible for them, and Firmit is not responsible for their content, legality, or effect, and does not give legal advice. You must comply with consumer law (including the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013) in dealings with your customers.

You must use Firmit lawfully and only for genuine trade business. You must not:

• • use it for any unlawful, fraudulent, or harmful purpose, or for any restricted or high-risk activity (including anything on Stripe's restricted-businesses list);

• • misrepresent yourself, your business, your work, or your prices, or use Firmit to take payment for work you don't intend to do;

• • send unlawful, misleading, or unsolicited messages, or contact people without a lawful basis or the consent required by law (including PECR and data protection law);

• • upload malicious code, attempt to gain unauthorised access, scrape, or interfere with the platform or its security;

• • misuse other users' or customers' data, or infringe anyone's rights (including IP); or

• • use Firmit to abuse, harass, or harm others.

We may investigate, suspend, or remove access for breach or risk (see section 20), and may report unlawful activity.

Firmit sends messages to your customers on your behalf (e.g. quotes, payment requests, receipts, reminders) by SMS, WhatsApp, and email. You are responsible for having the right to contact those customers and for the accuracy of what you send. You must comply with marketing and messaging law; we may set sending limits or suspend messaging to protect the service and recipients.

• • Your customers' data. You're responsible for having the right to give us your customers' details so we can provide the service, and for using that data lawfully. In respect of that data, you are the controller and we act as a processor on your behalf; a data-processing addendum may apply.

• • Our use of data. We process personal data as described in our Privacy Policy. We may create and use aggregated and anonymised data and insights (which don't identify you or your customers) to operate and improve Firmit and for our own business purposes; that aggregated/derived data is ours.

• • You must comply with data protection law in how you collect and use your customers' data.

We own all IP in Firmit - the software, brand, and content we provide. You keep ownership of your Content, and you grant us a licence to host, process, and display it as needed to provide the service (and to create the aggregated/anonymised data in section 14). If you give us feedback or suggestions, we may use them freely without obligation to you.

Firmit relies on third parties - including Stripe, our messaging providers (e.g. Twilio), and payment methods like Klarna/Clearpay. Your use of those is subject to their terms, and we're not responsible for their acts, availability, or decisions. Where a third party (such as Stripe) is the appropriate party for an issue, you'll deal with them directly.

To the extent permitted by law, you will indemnify and hold Firmit harmless (and our officers, staff, and group companies) from and against any claims, losses, liabilities, and reasonable costs (including legal fees) arising out of or connected with:

• • the work or goods you provide, and your dealings, contracts, guarantees, and disputes with your customers;

• • your own terms/agreements (including any created with the agreement helper) and their content, legality, or effect;

• • your breach of these terms or of any law (including consumer, data protection, and messaging law);

• • your Content and the customer data you give us, and any claim that it infringes a third party's rights; and

• • your fraud, misuse, or negligence in using Firmit.

This does not apply to the extent a claim is caused by our breach of these terms or our own negligence. We'll notify you of a claim, let you conduct the defence (with our involvement), and not settle without your consent (not to be unreasonably withheld).

We provide Firmit with reasonable care and skill, but - to the extent permitted by law - the platform is provided "as is": we don't warrant it will be uninterrupted, error-free, or fit for a particular purpose, and we may carry out maintenance and changes. Any warranties or conditions implied by law that can be excluded in a business contract are excluded.

To the extent permitted by law:

• • we're not liable for the work, your customers, your own terms, or the payment/messaging providers (Stripe, banks, card schemes, Klarna, Twilio);

• • we're not liable for indirect or consequential loss, or for loss of profit, revenue, business, goodwill, savings, or data; and

• • our total liability to you for all claims in any 12-month period is limited to the greater of the fees you paid us in the 12 months before the claim, or £100.

We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that can't be excluded by law.

• • By you. You can close your account at any time. Cancelling your Firmit account is separate from your Stripe account, which you manage with Stripe.

• • By us. We may suspend or end your access (in whole or part) if you break these terms, create a risk (including fraud or payment risk), fail to pay our fees, or where we're required to by law or by Stripe. Where practical and appropriate we'll give notice, but we may act immediately for serious issues.

• • Effect. On termination: your licence stops; outstanding fees remain due; in-flight payments and any refunds/chargebacks are still governed by these terms and Stripe's; and we'll handle your data in line with our Privacy Policy and the law. Sections that by their nature should survive (e.g. fees owed, IP, indemnity, liability, governing law) continue.

We may update these terms. We'll give reasonable notice of material changes (e.g. by email or in-app), and continued use after they take effect means you accept them. If you don't accept a material change, you may close your account.

These terms, and any dispute arising from them or the platform, are governed by the law of England & Wales, and the courts of England & Wales have exclusive jurisdiction.

If you have a complaint or a problem with Firmit, please contact us at admin@firmit.app and we'll try to put it right. Complaints about payments or payouts handled by Stripe may need to be raised with Stripe (see section 8).

These terms (with the documents they refer to) are the whole agreement between us about Firmit. If any part is unenforceable, the rest stands. We may transfer our rights and obligations (e.g. on a sale or reorganisation of the business); you may not without our consent. No failure to enforce a term is a waiver of it. Except as stated, no one other than you and us has rights to enforce these terms - but Stripe may rely on the parts that concern it. Notices to you may be given by email or in-app.

By ticking the box and creating your account, you confirm you've read and agree to these Terms of Service, and acknowledge our Privacy Policy.