Terms of Service

1. About the Service

SurveyorSmart is a web-based tool that helps UK property surveyors create, manage, and export survey reports. The Service includes features powered by third-party artificial intelligence, property-data lookup APIs, and cloud storage providers.

Beta / Preview Status: The Service is currently provided on a beta / preview basis. Features may change, be added, or be removed without notice. We do not offer any service-level agreement (SLA), uptime guarantee, or commitment to continued availability during this period.

2. Eligibility, Accounts, and Professional Use

You must be at least 18 years old to use the Service. By creating an account you confirm that you are 18 or over and that the information you provide is accurate and complete.

You are responsible for keeping your login credentials confidential and for all activity under your account. You must not share your account with any other person. Account sharing may result in suspension or termination without refund.

We strongly recommend enabling two-factor authentication.

If you use the Service in the course of your professional practice — for example, as a surveyor or in any other regulated or professional capacity — you warrant that:

• you hold, and will maintain for the duration of your use of the Service, professional indemnity insurance that is adequate for the work you carry out and that meets the requirements of any applicable professional body (including, where relevant, RICS);
• your professional indemnity insurance covers your use of AI-assisted tools in your professional work;
• you will not rely on the Service as a substitute for your own professional judgement or for the advice of any relevant professional adviser;
• you will comply with all professional, regulatory, ethical, and statutory obligations applicable to your work, and you accept that these obligations are not reduced by your use of the Service.

3. Acceptable Use

You agree not to use the Service to:

• upload, store, or transmit any content that is unlawful, defamatory, obscene, infringing of third-party rights, or otherwise objectionable;
• upload personal data of third parties without the legal basis to do so;
• attempt to gain unauthorised access to the Service, other users' accounts, or any systems connected to the Service;
• reverse engineer, decompile, or attempt to extract source code from the Service;
• use automated means (scraping, bots, crawlers) to access the Service other than via documented APIs;
• use the Service to build a competing product or to benchmark it for a competitor;
• interfere with, overload, or disrupt the Service or the networks and services connected to it.

We may suspend or terminate your account for any breach of these rules.

4. Your Content

You retain ownership of the reports, photos, property data, and other content you upload to or create within the Service ("Your Content").

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display, and process Your Content solely for the purposes of operating, improving, and providing the Service to you. This licence ends when you delete the content or close your account, except to the extent retention is required by law or necessary for routine backup cycles.

You are responsible for the accuracy, legality, and lawful basis for any personal data (including data about homeowners, clients, or third parties) that you upload. You warrant that you have all rights and permissions necessary to upload and process that content.

5. AI-Generated Content and No Professional Advice

The Service uses artificial intelligence (including third-party large language models and vision models) to generate suggestions, draft text, analyse photographs, and produce other content ("AI Output").

AI Output is provided for convenience only. It is not, and must not be relied upon as:

• professional surveying, engineering, or valuation advice;
• legal, tax, or financial advice;
• a substitute for the independent professional judgement of a qualified surveyor.

You are solely responsible for reviewing, verifying, editing, and validating all AI Output before including it in any report delivered to a client or third party. We do not warrant that AI Output is accurate, complete, free from bias, fit for any particular purpose, or compliant with any professional, regulatory, or statutory requirement (including RICS standards).

Any pre-send review, risk check, quality check, or similar feature is a convenience tool that highlights common issues. It is not exhaustive, does not constitute legal advice, and does not replace your professional judgement or the responsibility of your professional indemnity insurer.

No professional accreditation: The Service is not approved, accredited, certified, or endorsed by the Royal Institution of Chartered Surveyors (RICS) or by any other professional or regulatory body. We do not represent that content generated by or produced through the Service meets any specific professional, regulatory, or statutory standard, including (without limitation) the RICS Home Survey Standard, the RICS Rules of Conduct, or any equivalent framework in any jurisdiction. Ensuring that your work complies with all applicable professional and regulatory standards is your sole responsibility.

6. Third-Party Services

The Service integrates with third-party providers including, without limitation, Anthropic (AI), UploadThing (file storage), Google Maps, Resend (email), Sentry (error monitoring), and UK property and flood-risk data APIs. Your use of the Service is subject to the applicable terms of those providers where their services form part of the experience. We are not responsible for the availability, accuracy, or content of third-party services.

7. Intellectual Property

All intellectual property rights in the Service, including its software, design, branding, and content we provide (excluding Your Content), are owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. You may not modify, reproduce, distribute, publicly display, or create derivative works based on the Service or its content without our prior written consent.

8. Privacy

Our collection and use of personal data is described in our Privacy Policy, which forms part of these Terms.

9. Termination

You may terminate your account at any time via the account settings. We may suspend or terminate your access immediately if you breach these Terms, if we are required to do so by law, or if we discontinue the Service.

On termination your right to use the Service ends. We will delete or anonymise Your Content within a reasonable period, except to the extent retention is required by law or for legitimate business purposes (for example, short backup retention, fraud prevention, or dispute resolution).

10. Limitation of Liability

Nothing in these Terms excludes or limits our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any other liability that cannot lawfully be excluded or limited under English law.

Subject to the above, and to the fullest extent permitted by law:

• the Service is provided "as is" and "as available", and we make no warranties, express or implied, regarding it;
• we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, use, data, or any business interruption, howsoever caused;
• we are not liable for any loss arising from your use of AI Output, from your failure to verify AI Output, or from decisions you or any third party make in reliance on AI Output;
• our total aggregate liability to you for any and all claims arising out of or relating to the Service or these Terms is capped at the greater of (i) the total fees you have paid us in the twelve (12) months preceding the event giving rise to the claim, or (ii) £100.

11. Indemnity

You agree to indemnify and hold us harmless from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your Content, including any claim that it infringes third-party rights, is defamatory, or breaches data-protection law;
• your breach of these Terms or applicable law;
• your use of AI Output or reliance on it by any third party (including your clients).

12. Changes to the Terms

We may update these Terms from time to time. For material changes we will provide at least 30 days' notice by email or in-app notification before the changes take effect. If you do not agree to the revised Terms, you may terminate your account before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

13. Force Majeure

We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, cyberattacks, failure of third-party providers, or internet outages.

14. General

• Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
• No waiver: Our failure to enforce any right is not a waiver of that right.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service.
• Third-party rights: A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, save that if you are a consumer and usually resident in Scotland or Northern Ireland, you may bring proceedings in the courts of your home nation.

16. Contact

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

[LEGAL_ENTITY_NAME]
Email: [CONTACT_EMAIL]
Contact form: surveyorsmart.co.uk/contact

Our postal address is available on request.