Refund Policy

1. Introduction

This Refund Policy applies to all Subscriptions to the My-QS Platforms, whether purchased individually, as a bundle or as part of the My-QS Suite, and to Tender Scope advertising packages, passes, upgrades and add-ons. It forms part of our Terms & Conditions, and capitalised terms have the meanings given there.

Our position is simple: all fees are final and non-refundable. By subscribing to, renewing, upgrading or otherwise paying for any Platform or service, you accept that you will not be entitled to a refund, credit, part-refund or transfer except in the limited circumstances set out in Section 5, where the fault is ours.

We offer free trials and product demonstrations so that you can assess whether a Platform meets your needs before you pay. You are responsible for satisfying yourself that a Platform is suitable before purchasing.

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. Summary

4. No Refunds

4.1 All fees are final

All Subscription fees, renewal fees, pass fees, advertising fees, upgrade and add-on fees are payable in advance and are non-refundable once payment has been taken, regardless of whether, or how much, you have used the Platform during the period paid for.

4.2 Change of mind and other reasons

Without limiting Section 4.1, no refund will be given where you:

(a) change your mind, or decide you no longer want or need the Platform;

(b) did not use, or only partly used, the Platform or any included allowance during the period paid for;

(c) forgot to cancel before a renewal date or before the end of a free trial;

(d) purchased the wrong Platform, plan, bundle, number of users or billing period;

(e) find that the Platform does not suit your working methods, internal processes, other software or hardware, where the Platform otherwise performs in accordance with its description;

(f) no longer require the Platform because a project, contract or tender has ended, been cancelled or been lost, or because staff or users have left your organisation;

(g) close, sell or restructure your business, or cease trading; or

(h) are suspended or terminated for breach of our Terms & Conditions, including non-payment, misuse or breach of the acceptable use terms.

4.3 Cancellation stops future payments only

You may cancel any Subscription at any time through your account settings or by emailing [support@my-qs.com or support@my-qs.co.uk]. Cancellation stops the next renewal only. It does not entitle you to a refund of any fee already paid, and you will keep access until the end of the period already paid for.

4.4 Renewals

Subscriptions renew automatically at the end of each Subscription Term unless cancelled beforehand. We send a renewal reminder as soon as practicle before an annual Subscription renews. It is your responsibility to cancel before the renewal date if you do not wish to renew. Renewal fees are non-refundable once taken.

4.5 No part-refunds, credits or transfers

We do not offer:

(a) part-refunds or pro-rata refunds for unused days, weeks or months of any Subscription Term;

(b) refunds or credits for unused AI words, uploads, storage, recording minutes, users or other allowances, which do not roll over;

(c) transfers of a Subscription, unused period, allowance or fee to another person, company, account, project, Platform, bundle or billing period;

(d) partial refunds for removing a Platform from a bundle or the My-QS Suite, or for reducing users, during a Subscription Term (any such change takes effect at the next renewal);

(e) cash equivalents, account credit or vouchers in place of a refund; or

(f) refunds of any fee because of a price change, which will apply from your next renewal.

4.6 Bundles, the My-QS Suite, upgrades and downgrades

A bundle or the My-QS Suite is a single, indivisible purchase. Upgrades and add-ons are charged for the remainder of the current Subscription Term and are non-refundable once applied. Downgrades, including moving from the My-QS Suite to individual Platforms, take effect only at the next renewal, and no refund or credit is given for the current Subscription Term.

4.7 Docu-Genie

Where Docu-Genie is included in My-QS AI or the My-QS Suite, this Policy applies. Where you purchased Docu-Genie directly at docu-genie.com or through its Apps, the Docu-Genie refund terms apply.

5. Where We Are at Fault

A refund will only be considered where the fault is ours. In each case, the refund is limited to the fees paid for the affected Platform and the affected period, and you must notify us within [7] days of the event giving rise to the claim. The circumstances are:

(a) Billing error. You were charged twice, charged the wrong amount, or charged after you validly cancelled, as a result of our error. We will refund the amount wrongly charged.

(b) Service failure. A Platform does not perform materially in accordance with its description, or suffers unplanned unavailability exceeding [48] consecutive hours, for reasons within our control, and we have been unable to fix the problem within a reasonable time after you notified us. We will, at our option, provide a service credit or a pro-rata refund for the period during which the Platform was materially unavailable or defective.

(c) Discontinuance or termination by us. We discontinue a paid Platform, or terminate your Subscription for reasons other than your breach. We will refund the prepaid fees for the unused part of the Subscription Term.

(d) Advertising not published. We fail to publish a paid Tender Scope listing, or remove it, other than because of your breach. We will refund the fees for the period the listing was not live.

Planned maintenance, matters outside our reasonable control, failures of your own equipment, internet connection or third-party services, and problems caused by your misuse of a Platform are not faults on our part.

6. Consumers

The Platforms are designed for, and are primarily sold to, Business Customers. If you are a Consumer, you may have a statutory right to cancel within 14 days.

To exercise this right, email [support@my-qs.com or support@my-qs.co.uk] with your name, account email and a clear statement that you wish to cancel, within the 14-day period. Nothing in this Policy excludes or limits any statutory rights that cannot lawfully be excluded.

7. Free Trials

Where we offer a free trial, no charge is taken during the trial. Unless you cancel before the trial ends, the trial converts automatically to a paid Subscription and the first payment is taken. That payment is non-refundable. Failing to cancel before the end of a trial is not grounds for a refund.

8. App Store Purchases

Subscriptions purchased through the Apple App Store or Google Play are billed by Apple or Google. Any refund request for those purchases must be made to Apple or Google and is decided by them under their own policies. We do not issue refunds for those purchases. Cancel through your device subscription settings to stop renewal.

9. How to Raise a Claim Where We Are at Fault

(a) Email [support@my-qs.com or support@my-qs.co.uk] with the subject line "Refund Request", including your account email, the Platform(s) or package concerned, the invoice or transaction reference, and full details of the fault relied on under Section 5.

(b) We will acknowledge your request within 3 business days and confirm our decision within 10 business days. Our decision on whether Section 5 applies is final, without prejudice to your statutory rights.

(c) Approved refunds are made to the original payment method within 14 days of approval. Depending on your bank, funds may take 5 to 10 business days to appear.

(d) Refunds are made in the currency of the original payment. We are not responsible for exchange-rate differences or charges imposed by your bank.

(e) For Business Customers, refunds include the VAT originally charged, and we will issue a credit note.

10. Chargebacks

You agree to contact us before raising a chargeback or payment dispute with your card provider or bank. Raising a chargeback for a valid charge made in accordance with this Policy is a breach of our Terms & Conditions. Where a chargeback is raised, we may suspend or terminate access to all Platforms on your account while it is investigated, contest the chargeback by providing evidence of your acceptance of this Policy and your Subscription, and recover from you the disputed amount together with any chargeback fees and reasonable costs we incur.

11. Changes to This Policy

We may update this Refund Policy from time to time. The version in force at the time of your purchase or renewal applies to that purchase or renewal.