Terms of Service

1. Who we are, and these terms

Tools Down is a trading name of Blue Ocean Code Ltd, company number 11626451, registered at 1 Cedar Office Park, Cobham Road, Wimborne, England, BH21 7SB. In these terms, “we” and “us” mean Blue Ocean Code Ltd, and “you” means the person or business using Tools Down.

These terms, including the data processing terms in section 16, are the agreement between you and us for the Tools Down app and the services behind it. You agree to them when you continue at sign-in. Our Privacy Policy explains how we use personal information.

Tools Down is for people running a trade business. By using it you confirm that you’re using it for your business, not as a consumer, and that you’re 18 or over.

Questions about these terms: hello@toolsdown.app.

2. What Tools Down does

Tools Down is an iPhone app that does the admin of a trade business: customers, jobs, the diary, quotes, invoices, payments, gas safety records, photos and reminders. You tell it what you need, by typing or by voice, or use its screens, and it keeps the record.

We keep improving it, so features change. If we take away something significant that you use, we’ll tell you first where we reasonably can.

3. Your account

An account is one owner and one workspace: you and your business. It isn’t for sharing.

Keep your phone, and the email or accounts you sign in with, secure. You’re responsible for what happens in your account unless it’s our fault. If you think someone else has got in, tell us straight away at hello@toolsdown.app.

Keep your details accurate, above all the business details that go on your quotes, invoices and records.

4. Plans and paying

The free month

For the first 30 days after you create your account, everything is included, with no card and no trial to cancel.

The Free plan

After that, you get a monthly allowance of free messages to Tools Down, shown on our pricing page and in Plan, in Settings. A message is anything you send to Tools Down, typed, said or by tapping an answer; its replies don’t count (what counts). When it’s used up, everything else keeps working. What the Free plan includes may change at any time, without notice.

Tools Down Pro

Pro takes away the monthly message limit, but not the fair-use limits below. It costs the price the App Store shows when you subscribe, renews every month, and is billed by Apple under Apple’s terms. It carries on until you cancel, in Settings under Plan or in your Apple account’s subscriptions, at least 24 hours before it renews; Pro then lasts to the end of the month you’ve paid for. Apple takes the payment and handles refunds. We never see your card.

Fair use

Every plan, the free month and Pro included, has a fair-use limit on what your use of the AI costs us, set well above a typical week. Past it, messages slow down, and far past it they pause for a while; the app tells you if that happens. Everything else keeps working.

Other limits apply to things like new jobs, records and photos, to keep Tools Down fast and reliable and to stop misuse. They’re set well above what a one-person business needs. If you reach one, the app tells you, and your work stays safe. If your business genuinely needs more, email hello@toolsdown.app and we’ll look at raising it.

We may change the plans at any time, including what the free month and the Free plan include, the Free plan’s allowance and which features need Pro, and we may end the Free plan. Changes to the free month and the Free plan can take effect straight away. For a change to Pro that works against you, we’ll give you at least 30 days’ notice. Whatever changes, you can always see and export your records. Pro’s price is set through the App Store: if it changes, Apple tells subscribers in the way it normally does, and you can cancel before the new price applies.

5. Using Tools Down properly

Please don’t:

• use Tools Down for anything unlawful, or to harass, mislead or defraud anyone;
• use it to send marketing to people who haven’t agreed to receive it (the quotes, invoices, gas safety records and reminders about your work for a customer are fine);
• add details about people that you have no right to keep;
• upload anything harmful, such as malware, or anything you don’t have the right to use;
• try to get round its limits or security, reach anyone else’s data, or overload it;
• copy, resell or rebuild Tools Down, or drive it with scripts or bots, except as the law allows; or
• try to make the AI produce anything harmful, or act outside the admin of your business.

If you do, we may limit, suspend or close your account (section 12).

6. What you’re responsible for

Tools Down does the admin. The business, and what goes out in its name, stay yours.

What you send your customers

You decide what goes to your customers, and you’re responsible for it: quotes, invoices, messages, reminders and gas safety records. That includes the prices, VAT, CIS and payment details on them, and having the right to contact the people you send them to.

Your agreements with your customers are yours. We aren’t part of them, even when a customer accepts a quote on a page we host.

If you turn on automatic payment reminders, Tools Down emails them to your customers in your name, and those reminders are yours too.

We can’t guarantee that an email arrives: it can be refused or filtered out, and we can’t always see that. Check that anything important reached your customer.

Gas safety records

A gas safety record is yours, as the engineer who did the check. You must be registered with Gas Safe and competent for the work, and you are responsible for the readings and results on it, for checking the whole record before you issue it, and for meeting the rules that apply to it, including getting copies to the tenant and the landlord in time. Tools Down checks that the required details are filled in, but that doesn’t show the record is right or that it meets any regulation. Reminders about next year’s check are a help, not a guarantee.

Your records and your customers’ details

Keep the records the law asks of you, such as for HMRC. You can export them whenever you like. You’re responsible for your customers’ details (section 16): have a lawful reason to keep them, and tell your customers how you use them, for example in a privacy notice of your own.

7. The AI can be wrong

Tools Down uses AI from other companies, and AI can get things wrong. It can misread a photo, mishear you, misunderstand what you meant, or find an out-of-date answer online. Check what Tools Down makes before you rely on it or send it, above all prices, dates and anything that goes to a customer.

It isn’t professional, legal, tax or safety advice, and the decisions about your work are yours.

8. Keeping it running

We work to keep Tools Down running and your data safe, but we can’t promise it will always be available or free of faults. It may pause for maintenance, or because of problems with the internet, your phone or the providers we rely on.

Keep the app up to date. An old version may stop working.

9. Your data

What you put in Tools Down is yours. You give us permission to store it, process it and send it where you ask, to provide Tools Down to you and keep it secure and working. We may also make statistics from it that can’t identify you or anyone else, and use them to improve Tools Down and to talk about it, such as how quickly invoices get paid.

You can export your data at any time from Settings.

You can delete your account at any time (section 12). Our Privacy Policy says what that removes now, what waits, and for how long. We don’t sell your data, use it for advertising, or use it to train AI models.

10. Our app and name

Tools Down, the app, its design and its name belong to us or the people we license them from. While your account is open, you may use the app for your business; that right is yours alone and can’t be passed on. If you send us ideas or feedback, we may use them without owing you anything.

Credits

Powered by Met Office data.

11. Liability

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else the law doesn’t allow to be limited.

We provide Tools Down with reasonable care and skill. Beyond what these terms say, and as far as the law allows, we make no other promises about it.

We aren’t liable for:

• loss of profits, revenue, business, contracts, goodwill or expected savings;
• loss that neither of us could reasonably have foreseen;
• loss caused by what you entered, sent, issued or decided yourself, such as a price, an invoice or a gas safety record;
• loss caused by relying on something the AI made or said without checking it, even if the AI got it wrong; or
• loss caused by events outside our reasonable control.

Otherwise, our total liability to you for all claims together, however they arise and including under the data processing terms, is limited to the amount you paid for Tools Down in the 12 months before the claim, including subscription payments you made through Apple, or £100 if that is higher.

If someone makes a claim against us because of what you put in Tools Down or sent through it, or because you broke these terms or data protection law, you’ll cover our reasonable costs and anything we have to pay, unless we caused it.

12. Ending

You can stop using Tools Down whenever you like, and delete your account: in Settings, under Account, choose Your details, then Delete account. Pro is with Apple, not us, so deleting your account doesn’t cancel it: cancel it first, in Settings under Plan.

We may limit, suspend or close your account, straight away if we need to, if you seriously or repeatedly break these terms, use Tools Down unlawfully, put other people or the service at risk, or the law requires it. Where it’s fair to, we’ll tell you why first and give you the chance to put it right and to export your data.

We may also close your account, or stop offering Tools Down, for any other reason, by giving you at least 30 days’ notice so you have time to export everything. If something outside our control, such as Apple or a provider we rely on, stops us sooner, we’ll give you as much notice as we can.

If your account is suspended or closed and you can’t export, you can still ask us for your customers’ details: see “At the end” in the data processing terms.

Whoever closes your account, Pro keeps renewing with Apple until you cancel it in your Apple account’s subscriptions. If we close your account other than for a breach, or stop offering Tools Down, and you have paid for time you can’t use, you can ask Apple for a refund (Support says how), and we’ll support your request. Apple decides whether to give one.

When an account closes, we delete its data as our Privacy Policy describes. Sections 9, 11, 15 and 16 keep applying as far as they need to.

13. Changes to these terms

We may update these terms, for example when Tools Down or the law changes. We’ll change the date above, and for a change that works against you we’ll tell you, in the app or by email, at least 30 days before it takes effect, unless the law, Apple or the security of Tools Down needs it sooner. Changes to the free month and the Free plan don’t need notice (section 4). If you don’t agree, you can stop using Tools Down and delete your account. If you carry on, the new terms apply.

14. The App Store

The App Store’s standard licensed application end user licence agreement applies to the app, and we haven’t replaced it with one of our own. These terms are ours and sit alongside it. Where the two say different things, such as about our liability or which law applies, these terms apply between you and us. If you got Tools Down from Apple’s App Store, these terms are between you and us, not Apple. We, not Apple, are responsible for Tools Down and for any claim about it, and questions, complaints or claims go to us, at the address in section 15. You must also keep to any third-party terms that apply when you use it, such as your mobile network’s.

15. General, and the law

These terms are the whole agreement between you and us about Tools Down. Apple’s terms also apply to the app and to paying for Pro, between you and Apple. You haven’t relied on anything we said that isn’t in these terms, such as on our website or in an advert, but this doesn’t limit liability for fraud.

Only you and we have rights under these terms. Nobody else can enforce them.

We may transfer our rights and duties under these terms to another organisation, such as one that takes over Tools Down, and we’ll tell you if we do; it won’t reduce your rights. You may transfer yours only if we agree in writing.

If a court finds part of these terms can’t be enforced, the rest still applies. If we don’t enforce something straight away, we can still enforce it later.

We’ll contact you in the app, or by email to the address on your account, and a notice counts as given when we send it. You can contact us at hello@toolsdown.app, or write to us:

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute about them.

16. Schedule: data processing terms

This schedule applies where you keep other people’s personal information in Tools Down, such as your customers, landlords, letting agents and tenants (“customer data”). For customer data you are the controller and we are your processor, under Article 28 of the UK GDPR. Where this schedule and the rest of these terms differ about customer data, this schedule wins.

The processing

• Subject matter: providing Tools Down to you.
• Duration: while your account is open, and until the customer data is deleted after it closes, as below.
• Nature and purpose: storing and using customer data to provide Tools Down to you and keep it secure and working, making and sending the documents and messages you ask for, processing it with AI to do what you ask, and making statistics from it that can’t identify anyone.
• Types of personal data: names, addresses, phone numbers and email addresses; property and job details; notes, messages and photos; prices, quotes, invoices and payments; gas safety records, including signatures; and anything else you choose to add.
• People it’s about: your customers and their contacts, landlords, letting agents, tenants and other occupiers, and anyone else you mention or photograph.
• Special category data: Tools Down isn’t designed for it, such as health details. Add it only where you need to and the law allows.

What we do

1. Act only on your documented instructions, which are these terms and the way you use Tools Down, including on transfers abroad, unless the law requires otherwise; and tell you if we think an instruction breaks data protection law.
2. Make sure everyone who handles customer data for us is bound to keep it confidential.
3. Keep it secure, as Article 32 requires. Data is encrypted at rest and in transit, each account’s data is kept apart from every other’s, and access is limited to those who need it.
4. Use sub-processors only as set out below.
5. Help you, as far as we reasonably can with what we do and the information we have, to answer people’s requests about their data, and with security, breach notifications, data protection impact assessments and consulting the ICO.
6. Tell you without undue delay, and within 48 hours, after we become aware of a personal data breach affecting customer data, with what we know and what we’re doing about it.
7. Delete or return customer data at the end, as below.
8. Give you the information you reasonably need to show we meet these terms, and allow audits, as below.

Sub-processors

You give us general permission to use sub-processors. They fall into the groups our Privacy Policy lists. Email hello@toolsdown.app and we’ll send you the current list, with where each handles data and the safeguard used when that’s outside the UK. We’ll tell you, by email or in the app, at least 30 days before a new sub-processor receives customer data, including an AI provider. If you object on reasonable data protection grounds and we can’t resolve it, you may close your account before the change. We hold each sub-processor to data protection duties like these, and we stay responsible to you for them.

People asking about their data

You can find, correct, export and delete customer data yourself in Tools Down. Deleting a customer removes most of what’s about them; the Privacy Policy sets out what stays. If you need help, email hello@toolsdown.app. If someone asks us about data you hold, we’ll pass the request to you rather than answer it ourselves, unless the law requires otherwise.

At the end

When the service ends, you choose whether we return customer data to you or delete it. You can export it at any time with Export everything, in Settings. If you delete your account without choosing, we delete it.

If you can’t reach your account, for example because it has been suspended or closed, or you’ve lost the email you signed in with, you can still ask us to return or delete customer data. Write to hello@toolsdown.app from the address on the account, or tell us how else you can show it’s yours, and we’ll find a safe way to get it to you. When we suspend or close an account, you can ask us for an export within 30 days. We’ll do both unless the law prevents it.

Deleting removes customer data from the live service. Copies in our database backups expire within 14 days, and technical logs are kept for 30 days. A backup can be restored only by us, from our AWS account; if we ever restored one, we would delete again anything you had deleted since it was made.

After that we keep customer data only if the law requires it, and say which if you ask. The exception is email: your emails to us, which are our own support records, are kept for two years after the last message, as the Privacy Policy says, even if you delete your account.

Information and audits

We’re a small company, so audits work in proportion. First, we’ll answer your reasonable written questions and share what shows we meet these terms, such as our providers’ agreements and certifications. If that isn’t enough, or the ICO requires it, you, or an independent auditor bound to confidentiality, may audit us on reasonable notice, no more than once in any 12 months unless there has been a breach, during business hours and at your own cost. That limit doesn’t stop an inspection that data protection law or the ICO requires.

What you do

You confirm that you have a lawful basis to keep the customer data you add and to have us process it, that you tell the people concerned what they need to know, and that your instructions to us keep to data protection law.