Fair Usage Policy

1. Introduction

This Fair Usage Policy sets out how Earhart Group Ltd, trading as My-QS, expects the My-QS Platforms to be used, so that every customer receives a fast, reliable and fairly priced service. It applies to every Subscription, whether to an individual Platform, a bundle of Platforms or the full My-QS Suite, and to free trials and free tiers.

This Policy forms part of our Terms & Conditions and should be read together with those Terms, our Privacy Policy, Cookie Policy and Refund Policy. Capitalised terms have the meanings given in the Terms & Conditions. If there is any conflict between this Policy and a separately signed order form, enterprise agreement or white-label licence agreement, that agreement will prevail.

2. Who We Are

My-QS is a trading name of Earhart Group Ltd, ("Earhart Group", "My-QS", "we", "us" or "our").

Earhart Group Ltd trades as My-QS in respect of all of the following platforms, each of which forms part of the My-QS Suite (together, the "Platforms"):

My-QS Survey Suite. Vendor and subcontract account management: valuations, payment and pay less notices, change orders, back charges, notices and compensation events, cost to complete, final accounts and letter registers.

My-QS Snag Pro. Snagging, defect management, inspection and close-out, including QR-coded locations, photographs with mark-up and a full audit trail.

My-QS Tender Scope. Tendering and procurement: a searchable vendor and supplier directory, vendor advertising, project folders, RFQs and the optional AI Supplier Finder.

My-QS Quantum Track. Real-time site variation tracking: QR clock-in and clock-out against variations, daily work records, resource and cost build-up and client submission packs.

My-QS AI. AI-enabled tools comprising (a) access to Docu-Genie, a document upload and AI query platform, and (b) the My-QS AI Meeting Transcriber, which records, transcribes and summarises meetings.

References to the "Website" mean www.my-qs.com and www.my-qs.co.uk and any associated My-QS landing pages, sub-domains and web applications, and references to the "Apps" mean any My-QS or Docu-Genie mobile applications made available through the Apple App Store or Google Play.

3. The Principle: One User per Login

My-QS Subscriptions are designed, priced and marketed on the basis of one user per login. Each login is intended to be used by one named individual, and organisations with more than one person needing access should purchase additional user logins or a multi-user plan.

We recognise, however, that construction and commercial teams work flexibly. A login may occasionally need to be accessed by a colleague covering leave, a manager reviewing a valuation, or a site engineer checking a snag list. To accommodate this without making customers pay for every occasional look-in, we apply an informal tolerance on the number of individuals who may access an account, as described in Section 4.

This tolerance is a goodwill allowance and not a contractual entitlement. It does not change the basis on which Subscriptions are sold, and it must not be relied on as a substitute for purchasing the correct number of logins.

4. Informal User Tolerance per Account

Subject to the rest of this Policy, we will normally tolerate access to an account by up to the following number of individual users:

(a) Per-project Subscriptions (plans limited to one project or a set number of projects): a maximum of two (2) users per account.

(b) Unlimited-project Subscriptions: a maximum of three (3) users per account.

For bundles and the My-QS Suite, the tolerance that applies is the one for the relevant plan tier. Where a bundle combines per-project and unlimited-project Platforms, the lower figure applies to the per-project Platforms and the higher figure to the unlimited-project Platforms.

These figures are informal guidance figures only. They describe the level of shared access we are generally prepared to accept and are not a promise that any particular number of users will be able to access an account. Each Subscription remains, in substance, a single-user Subscription.

In assessing whether an account is within the tolerance, we may take into account the number of distinct individuals, devices, browsers, IP addresses and locations accessing the account, the number of concurrent sessions, and patterns of use that indicate a login is being used as a shared team account.

5. Expected Use

Fair use of the Platforms means use that is consistent with the normal day-to-day activities of the subscribing individual or organisation, in the ordinary course of managing construction projects and commercial accounts. In particular, we expect that:

(a) login credentials are not published, circulated widely or shared with people outside the subscribing organisation;

(b) a single login is not used as a permanent shared account for a team, a department, a site or multiple organisations;

(c) accounts are not resold, sublet or provided to third parties, including clients, subcontractors or vendors, except through features designed for that purpose such as sending an RFQ, issuing a valuation pack or granting guest access;

(d) usage allowances such as projects, storage, uploads, AI words and recording minutes are used for genuine project work and not consumed through automated, scripted or bulk processes;

(e) the Platforms are not accessed by bots, scrapers or automated tools other than through an API or integration we have approved;

(f) data is not bulk-extracted, including from the Tender Scope vendor directory, for use outside the Platforms.

6. Platform-Specific Fair Use

6.1 My-QS Survey Suite

Survey Suite is intended for the management of vendor and subcontract accounts on the customer's own projects. Running accounts for unrelated third-party organisations, or operating a bureau or outsourced quantity surveying service from a single Subscription, is outside fair use unless agreed with us in writing.

6.2 My-QS Snag Pro

Location QR codes and guest or view-only access may be used to let trades and inspectors view and update their own snags. These features are not counted against the user tolerance where used as designed, but they must not be used to give full account access to people who should hold their own login.

6.3 My-QS Tender Scope

Buyer access purchased as a day, week or month pass is for the purchasing individual during the purchased period. RFQs should be sent to vendors relevant to a genuine enquiry, and mass or untargeted RFQ distribution is not permitted. Vendor advertising packages cover one business listing, and separate trading entities require separate listings.

6.4 My-QS Quantum Track

Site operatives clocking in and out against variations by QR code, and supervisors recording daily work without cost visibility, do not count against the user tolerance where they use the site-level access roles provided for that purpose. Commercial team, finance and administrator access with cost visibility does count, and should be held by named individuals.

6.5 My-QS AI, including Docu-Genie and the Meeting Transcriber

AI features carry a real processing cost for every request, which is why AI words, uploads, storage and recording minutes are allocated by plan. Allowances must be used for the subscriber's own work. Automated or scripted querying, repeated re-processing of the same material to generate volume, and recording of meetings unrelated to the subscriber's business are outside fair use. Unused allowances do not roll over.

7. How We Monitor Usage

We monitor account activity, including login events, session counts, device and IP information and usage volumes, to operate and secure the Platforms and to apply this Policy. This monitoring is carried out in accordance with our Privacy Policy and relies on our legitimate interests in preventing misuse and maintaining fair pricing. We do not monitor the content of Customer Data for this purpose.

8. What Happens if Usage Exceeds Fair Use

Our approach is proportionate and our first step will always be a conversation. If we consider that an account is being used beyond this Policy, we may take one or more of the following steps, normally in this order:

(a) contact the account holder to explain what we have seen and discuss the options;

(b) recommend additional user logins, a higher plan tier or the My-QS Suite that better fits the way the account is being used;

(c) where excess use continues after we have given at least 14 days' notice, apply the price of the additional logins or plan that the usage reflects from the next billing date, having told you of the price in advance;

(d) limit concurrent sessions, require re-authentication or multi-factor authentication, or sign out excess sessions;

(e) temporarily restrict the feature or allowance being over-used until the next billing period or until the account is upgraded;

(f) in cases of serious or repeated misuse, suspend or terminate the account in accordance with our Terms & Conditions.

We may act without prior notice where necessary to protect the security, integrity or availability of the Platforms, for example where credentials appear to have been compromised or automated access is degrading service for other customers. We will tell you what we have done as soon as reasonably practicable.

Applying this Policy does not by itself entitle a customer to a refund. Refunds remain governed by our Refund Policy.

9. Consumers

Where a Consumer subscribes, for example a home buyer using Snag Pro, this Policy applies in the same way, but nothing in it affects the Consumer's statutory rights. We will not apply a price increase to a Consumer under Section 8 without their agreement, and a Consumer who does not agree may cancel at the end of the current billing period.

10. Need More Users?

If your team needs more access than your current plan allows, please contact us at support@my-qs.com or support@my-qs.co.uk or upgrade from your account settings. Additional user logins, multi-user and enterprise plans, and My-QS Suite pricing are available, and we are happy to discuss a package that reflects how your organisation actually works.

11. Review and Changes to This Policy

Earhart Group Ltd reserves the right to review, edit, amend, replace or withdraw this Policy, including the informal user tolerances in Section 4 and any usage allowances, at any time and as and when we consider it necessary. This may be in response to changes in how the Platforms are used, the introduction of new Platforms, features or plans, changes in our costs, including third-party AI and hosting costs, or changes in law.

The current version will always be published on the Website with its effective date. Where a change materially reduces the access or allowances available under a paid Subscription, we will give as much notice as is reasonable, and the change will apply from your next renewal date. Changes that increase tolerances or allowances, or that are required for legal or security reasons, may take effect immediately.

12. Contact

Questions about this Fair Usage Policy should be sent to support@my-qs.com or support@my-qs.co.uk