Terms & Conditions

1. About Us and These Terms

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 & 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.

1.1 These Terms & Conditions ("Terms") govern access to and use of the Website, the Apps and each Platform, whether subscribed to individually, as a bundle, or as part of the My-QS Suite. Schedule-style terms for each Platform are set out in Clause 10 and apply in addition to the general Terms.

1.2 Where a separately signed order form, enterprise agreement or white-label licence agreement exists between you and Earhart Group Ltd, that agreement prevails over these Terms to the extent of any conflict.

2. Definitions

Customer, you, your. The person or organisation that creates an account or subscribes to a Platform. If you accept these Terms on behalf of an organisation, you confirm you are authorised to bind it.

Authorised User. An individual whom the Customer permits to access a Platform under its subscription, such as an employee, contractor or site operative.

Business Customer. A Customer acting for purposes relating to its trade, business, craft or profession.

Consumer. An individual acting wholly or mainly outside their trade, business, craft or profession (for example, a home buyer using Snag Pro).

Customer Data. All data, documents, photographs, recordings and other content uploaded to or created in a Platform by or for the Customer or its Authorised Users.

My-QS Suite. A subscription giving access to all Platforms (or the Platforms specified in the chosen plan) under a single account, with integration between them.

Output. Any content generated by a Platform, including AI-generated answers, transcripts, summaries, reports, letters and submission packs.

Subscription. Paid access to one or more Platforms for a Subscription Term, including day, weekly, monthly and annual plans, bundles, the My-QS Suite and Tender Scope advertising packages.

Subscription Term. The period for which a Subscription is purchased, including any renewal periods.

3. Eligibility and Accounts

3.1 The Platforms are intended primarily for Business Customers in the construction, engineering, property and related sectors. Some features (such as Snag Pro for home buyers) may be used by Consumers, in which case the Consumer protections in Clause 19 apply.

3.2 You must be aged 18 or over and provide accurate, complete and current registration information.

3.3 You are responsible for: keeping login credentials confidential; all activity under your account; setting appropriate user roles and permissions for Authorised Users; promptly removing access for Authorised Users who leave your organisation; and ensuring that all Authorised Users comply with these Terms.

3.4 User licences are personal to each named Authorised User and may not be shared. Reassignment of a licence to a replacement user is permitted.

4. Subscription Options

4.1 Individual Platform: you may subscribe to any single Platform on the plans and tiers shown on the Website at the time of purchase.

4.2 Bundles: you may subscribe to two or more Platforms together at a bundled price. Bundle pricing depends on the combination purchased being maintained for the Subscription Term.

4.3 My-QS Suite: a Suite Subscription grants access to the Platforms included in the selected Suite tier under a single account with single sign-on and integration between Platforms. Platforms or features launched after you subscribe may be added to the Suite at our discretion and may be subject to additional charges, which we will notify to you before they apply.

4.4 Free trials and free tiers: we may offer free trials or free tiers (including the Docu-Genie Free tier). We will tell you before a trial ends and before any charge is taken. Free tiers are provided as-is, may be subject to usage limits and may be changed or withdrawn on reasonable notice.

4.5 Usage limits: plans may include limits on projects, users, storage, uploads, AI words or recording minutes. Limits are shown on the Website or in-App. If you reach a limit, we may restrict the relevant feature until the next billing period or until you upgrade.

4.6 Tender Scope advertising packages: vendors may purchase directory advertising for 3, 6 or 12 months. These are fixed-term purchases and do not automatically renew unless you choose auto-renew at checkout.

5. Fees and Payment

5.1 Fees are as shown on the Website or in your order at the time of purchase. Prices for Business Customers are exclusive of VAT, which is added at the prevailing rate. Prices shown to Consumers include VAT.

5.2 Fees are payable in advance for each billing period by card or other method offered through our payment provider, Stripe, or through the Apple App Store or Google Play where purchased in-App. Enterprise Customers may be invoiced, with payment due within 30 days of invoice.

5.3 You authorise us (and our payment provider) to charge your payment method for all fees on each renewal date until you cancel.

5.4 If payment fails, we will notify you and retry. If payment remains outstanding 14 days after notice, we may suspend access to the relevant Platform(s) until paid. Late payments by Business Customers may incur interest under the Late Payment of Commercial Debts (Interest) Act 1998.

5.5 Price changes: we may change our prices on renewal by giving at least 30 days' notice by email. If you do not agree, you may cancel before the change takes effect. Price changes do not apply mid-way through a prepaid Subscription Term.

5.6 Refunds are governed by our Refund Policy, which forms part of these Terms.

6. Term, Automatic Renewal, Upgrades and Cancellation

6.1 Automatic renewal: unless stated otherwise at checkout, Subscriptions renew automatically at the end of each Subscription Term for the same period. For annual plans we will send a reminder at least 14 days before renewal. Day and weekly passes do not auto-renew unless selected.

6.2 Cancellation: you may cancel at any time via your account settings or by emailing [support@my-qs.com or support@my-qs.co.uk]. Cancellation takes effect at the end of the current Subscription Term and you retain access until then. Cancelling is as easy as subscribing.

6.3 Upgrades: you may upgrade a plan, add users, add Platforms or move from individual Platforms to the My-QS Suite at any time. Upgrades take effect immediately and a pro-rated charge is applied for the remainder of the current period.

6.4 Downgrades: downgrades, reductions in users and removal of Platforms from a bundle or Suite take effect from the next renewal date. If a downgrade means you exceed new plan limits, you must reduce usage or export data before the downgrade takes effect.

6.5 Removing a Platform from a bundle or the Suite: removing a Platform may change the pricing that applies to the remaining Platforms, and integrations with the removed Platform will cease. Customer Data in the removed Platform is handled in accordance with Clause 18.

7. Licence and Acceptable Use

7.1 Subject to these Terms and payment of fees, we grant you a non-exclusive, non-transferable, non-sublicensable licence for the Subscription Term to access and use the subscribed Platforms for your internal business purposes (or personal purposes for Consumers).

7.2 You must not, and must ensure Authorised Users do not:

(a) copy, modify, reverse engineer, decompile or create derivative works of the Platforms, except as permitted by law;

(b) resell, sublicense, white-label or provide the Platforms to third parties, except under a separate white-label licence agreement with us;

(c) use the Platforms to build a competing product, or scrape, harvest or bulk-extract data (including from the Tender Scope directory);

(d) upload malware, attempt to gain unauthorised access, probe vulnerabilities or interfere with the Platforms' operation;

(e) upload content that is unlawful, defamatory, infringing, discriminatory or that you do not have the right to share;

(f) use the Platforms to send spam or unsolicited communications, including through Tender Scope RFQs;

(g) record any person covertly, or in breach of law, using the Meeting Transcriber;

(h) misuse workforce tracking in Quantum Track for purposes unrelated to recording work, or in breach of employment or data protection law;

(i) use AI features to generate unlawful content, impersonate others, or attempt to circumvent safety measures.

7.3 We may suspend access immediately where reasonably necessary to prevent harm, address a security threat, or respond to a material breach of this Clause, and will notify you promptly.

8. Customer Data and Data Protection

8.1 You retain all rights in Customer Data. You grant us a licence to host, process, transmit and display Customer Data solely to provide, secure and support the Platforms and as otherwise instructed by you.

8.2 You are responsible for the accuracy, legality and quality of Customer Data and for having all necessary rights, notices and lawful bases to upload it, including informing workers about Quantum Track and meeting participants about recordings.

8.3 To the extent we process personal data within Customer Data, we do so as your processor in accordance with our Data Processing Addendum, which is incorporated into these Terms. Our own processing as controller is described in our Privacy Policy.

8.4 We will not use Customer Data to train general-purpose AI models. We may compile aggregated, anonymised statistics about use of the Platforms that do not identify you or any individual.

8.5 You are responsible for maintaining your own copies of records you are legally or contractually required to keep. Export tools are provided in each Platform.

9. AI Features

9.1 Certain features use artificial intelligence, including My-QS AI, Docu-Genie, the Meeting Transcriber, the Tender Scope AI Supplier Finder and any AI-assisted drafting or summarising in other Platforms.

9.2 AI Output is generated automatically, may be inaccurate, incomplete or out of date, and may not be unique to you. AI Output does not constitute legal, contractual, financial, quantity surveying, engineering or other professional advice. You must review and verify all AI Output using a suitably qualified person before relying on it, issuing it to third parties or using it in any contractual notice, claim or dispute.

9.3 Transcripts and summaries may misattribute speakers, mishear words or omit content. A transcript is not an agreed minute unless approved by the participants.

9.4 Supplier suggestions from the AI Supplier Finder are not recommendations or endorsements. You remain responsible for your own vetting, pre-qualification and due diligence.

9.5 Subject to these Terms and third-party provider terms, as between you and us you own the Output generated from your Customer Data.

10. Platform-Specific Terms

10.1 My-QS Survey Suite

(a) Survey Suite is a record-keeping and administration tool. It does not determine contractual entitlement, valuation or the validity of any notice.

(b) Deadline calculators, auto cut-offs and notice templates (including payment notices, pay less notices, early warnings and compensation event notices) are aids only. You are solely responsible for issuing valid notices in time and in the form required by your contract and by law, including the Housing Grants, Construction and Regeneration Act 1996 (as amended) and the Scheme for Construction Contracts.

(c) Lien waiver functionality is provided for US projects and must be checked against applicable state law.

(d) Calculations depend on the data entered. You must check all figures, currencies and exchange rates before issue.

10.2 My-QS Snag Pro

(a) Snag Pro records defects and their close-out. It does not certify that works are complete, compliant or free from defects, and is not a substitute for statutory inspections, building control sign-off or warranty inspections.

(b) QR codes generated by Snag Pro link to location records within your account. You are responsible for controlling physical access to QR labels and setting appropriate permissions. Anyone with a code cannot access records without an authorised account unless you have enabled guest access.

(c) Where Snag Pro is used by a Consumer home buyer, the Consumer terms in Clause 19 apply.

10.3 My-QS Tender Scope

(a) Tender Scope provides a directory and communication tools. Earhart Group Ltd is not a party to any tender, quotation, contract or dispute between buyers and vendors, and does not act as agent, broker or procurement adviser.

(b) We do not vet, verify, endorse or guarantee any vendor, its qualifications, insurances, financial standing or the quality of its work. Directory categorisation, including by trade or classification reference, is provided for convenience.

(c) Vendors are responsible for the accuracy and lawfulness of their listings and adverts, and confirm they have rights to all logos and images supplied. We may edit, refuse or remove listings that breach these Terms or that we reasonably consider misleading.

(d) Advertising positions and visibility are not guaranteed to produce enquiries or work.

(e) RFQ status (sent, viewed, responded) is indicative only and depends on recipients' use of the Platform.

(f) Buyer subscriptions may be purchased and access ends at the end of the purchased period.

10.4 My-QS Quantum Track

(a) Quantum Track records time, resources and costs against variations. It does not determine whether any variation, change, compensation event or claim is valid or will be paid.

(b) The Customer is the controller of workforce data captured through clock-in and clock-out, and is responsible for informing workers, setting role permissions, and complying with employment and data protection law, including in relation to any location data.

(c) The audit trail is designed to be tamper-evident. Records corrected after creation are logged rather than overwritten. We do not guarantee that records will be accepted as evidence by any counterparty, adjudicator, tribunal or court.

(d) Rates and cost build-ups are based on data you enter. You are responsible for their accuracy.

(e) Offline records synchronise when connectivity is restored. Data captured offline may be lost if a device is damaged or the App is deleted before syncing.

10.5 My-QS AI: Docu-Genie

(a) Docu-Genie is [operated by Earhart Group Ltd / an Earhart Group partner product. Access provided through My-QS AI or the My-QS Suite is governed by these Terms. Where you subscribe to Docu-Genie directly, the Docu-Genie terms of service also apply.

(b) Usage allowances (AI words, uploads per month and storage) apply according to your plan. Unused allowances do not roll over.

(c) You must only upload documents you are entitled to share and process.

10.6 My-QS AI: Meeting Transcriber

(a) Before starting a recording, you must inform all participants that the meeting will be recorded and transcribed and, where required by law, contract or policy, obtain their consent.

(b) You must not record meetings where recording is prohibited, including privileged legal discussions where you do not intend to waive privilege.

(c) Recording minutes may be limited by plan. Audio is retained for the period set out in our Privacy Policy.

11. Third-Party Services

The Platforms rely on and may integrate with third-party services, including payment, hosting, AI, mapping and app store providers. Your use of a third-party service that you choose to connect is subject to that provider's terms. We are not responsible for third-party services that are not under our control, but we remain responsible for our sub-processors as set out in the DPA.

12. Intellectual Property

12.1 We and our licensors own all intellectual property rights in the Platforms, Website, Apps, software, templates, designs and the "My-QS" name and logos. No rights are granted except as expressly set out in these Terms.

12.2 If you provide feedback or suggestions, we may use them without restriction or payment.

13. Availability, Support and Changes to the Platforms

13.1 We will use reasonable endeavours to make the Platforms available 24 hours a day, but do not guarantee uninterrupted or error-free operation. We will try to carry out planned maintenance outside UK business hours and give advance notice where practicable.

13.2 Support is available by email at [support@my-qs.com or support@my-qs.co.uk] during UK business hours, [9:00 to 17:30, Monday to Friday, excluding bank holidays]. Enhanced support or service levels are available only under a separate agreement.

13.3 We continually develop the Platforms and may change features. We will not make changes that materially reduce the core functionality of a paid Platform during a prepaid Subscription Term without giving you notice and the right to cancel and receive a pro-rata refund of prepaid fees for the unused period.

14. Confidentiality

Each party will keep confidential the other's non-public information disclosed in connection with these Terms and will use it only to perform its obligations. This does not apply to information that is public, already known, independently developed or required to be disclosed by law.

15. Warranties

15.1 We warrant that the Platforms will perform materially in accordance with their published descriptions and that we will provide them with reasonable care and skill.

15.2 Except as expressly set out in these Terms, and to the extent permitted by law, all other warranties, conditions and terms are excluded. We do not warrant that the Platforms will meet your specific requirements or that Output will be accurate.

16. Limitation of Liability

16.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be limited or excluded by law.

16.2 Subject to Clause 16.1, for Business Customers we shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any: loss of profits, revenue, business or anticipated savings; loss of contract or opportunity, including losses arising from a missed contractual notice, time bar or deadline; loss or corruption of data where you have failed to maintain backups or exports; or indirect or consequential loss.

16.3 Subject to Clause 16.1, our total aggregate liability to a Business Customer arising under or in connection with these Terms in any 12-month period shall not exceed the total fees paid by that Customer for the Platform(s) giving rise to the claim in the 12 months preceding the event giving rise to the claim.

16.4 For Consumers, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable, or for business losses. Your statutory rights are not affected.

17. Indemnity

Business Customers will indemnify us against claims, losses and costs arising from Customer Data, from use of the Platforms in breach of these Terms or applicable law (including recording without proper notice and unlawful workforce monitoring), or from Tender Scope listings supplied by a vendor.

18. Termination and Effect of Termination

18.1 Either party may terminate a Subscription with immediate effect by written notice if the other commits a material breach that is not remedied within 14 days of notice, or becomes insolvent.

18.2 On termination or expiry, or on removal of a Platform from a bundle or the Suite: access to the relevant Platform(s) ends; you may export Customer Data for 30 days; after that period we will delete Customer Data in accordance with the Privacy Policy and DPA, unless the law requires us to retain it.

18.3 Clauses that by their nature should survive termination, including Clauses 8, 12, 14, 16, 17 and 21, will survive.

19. Consumer Customers

19.1 If you are a Consumer, you have a statutory right to cancel a contract for digital services within 14 days of the contract being made (the cooling-off period). If you ask us to start providing the service during the cooling-off period, you must pay for the service provided up to the point you cancel. Full details are in our Refund Policy.

19.2 Nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015 or other consumer protection law, including the Digital Markets, Competition and Consumers Act 2024 as it comes into force.

19.3 If you are a Consumer, you may bring proceedings in the courts of the part of the UK in which you live.

20. Events Outside Our Control

We are not liable for any failure or delay caused by events outside our reasonable control, including failures of third-party hosting, AI or telecommunications providers, cyber attacks we could not reasonably have prevented, power failure, industrial action, pandemic or government action. We will notify you and take reasonable steps to minimise the effect.

21. General

21.1 Changes to Terms: we may update these Terms. We will give at least 30 days' notice of material changes by email or in-App. Changes will apply from your next renewal unless required sooner by law or for security reasons. If you do not agree, you may cancel before the change takes effect.

21.2 Assignment: we may transfer our rights and obligations to another company within the Earhart Group or to a successor of the business, and will notify you. You may not transfer your rights without our written consent.

21.3 Notices: notices to us must be sent to [support@my-qs.com] or our registered office. Notices to you will be sent to the email address on your account.

21.4 Entire agreement: these Terms, the Privacy Policy, Cookie Policy, Refund Policy, DPA and any order form constitute the entire agreement between us regarding their subject matter.

21.5 Severance and waiver: if any provision is found invalid, the remainder remains in force. A failure to enforce a right is not a waiver.

21.6 Third-party rights: no person other than the parties has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

21.7 Governing law and jurisdiction: these Terms and any dispute arising from them are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, subject to Clause 19.3 for Consumers.

22. Contact Us

Earhart Group Ltd t/a My-QS, Email: [support@my-qs.com & support@my-qs.co.uk]