Hyfo

Draft, pending solicitor review

This document is a draft. It has not yet been reviewed by a solicitor, it is not legal advice, and it may change before anyone is asked to rely on it.

Terms of Service

Version: 14 October 2026

These Terms of Service (“Terms”) are the agreement between Hyfo (“we”, “us”) and the organisation that subscribes to Hyfo (the “Customer”). Hyfo (the “Service”) is business-management software for ecological consultancies and similar organisations. The person who accepts these Terms for the Customer confirms that they have authority to bind it.

1. The documents that apply

The agreement between us is made up of these Terms and the documents they refer to:

The End-User Licence Agreement also applies. Each individual who uses the Service for the Customer is bound by it as well. If it conflicts with these Terms in a matter between us and the Customer, these Terms prevail. If the documents conflict, the order form comes first, then the Data Processing Addendum (for personal data), then these Terms.

2. The Service

We provide the Service to the Customer for its internal business purposes for as long as these Terms last. We may improve and change the Service from time to time. Some features depend on AI models (clause 9) and on third-party services (clause 10).

3. Accounts and who may use the Service

  • Access is by invitation from the Customer's owner or administrators, or by the person who creates the Customer's company on the Service.
  • The Customer chooses who it invites and what role each person has. It is responsible for what its users do, and for removing people who leave promptly.
  • Each user needs their own account and must keep their sign-in details to themselves. The Customer must tell us promptly if it learns of unauthorised use.
  • The Customer may send its own clients and subcontractors links to particular parts of the Service, such as a project set-up form, a file share link or a registration link. It is responsible for sending each link only to the right person.

4. Subscription and fees

The Customer pays the fees as set out in the order form or at sign-up. Unless the order form says otherwise, fees do not include VAT. Payment terms: [to be confirmed before launch]. We may change the fees for a later period by giving the Customer notice of at least [to be confirmed before launch] before that period starts. We may charge interest on a late payment at the rate allowed by the Late Payment of Commercial Debts (Interest) Act 1998.

5. Acceptable use

The Customer and its users must not:

  • use the Service unlawfully, or to infringe anyone's rights, or upload unlawful content;
  • try to reach another customer's data, or probe, scan or test the Service's security, or get round its sign-in or permissions, without our written permission;
  • interfere with or disrupt the Service, place an unreasonable load on it, or introduce malicious code;
  • copy, modify, reverse-engineer or create derivative works from the Service, except where the law allows;
  • resell the Service or make it available to anyone outside the Customer's organisation, other than its own clients and subcontractors through the features meant for them;
  • use the Service to send unsolicited marketing or to pretend to be someone else;
  • use the AI features to produce unlawful, harmful or deceptive content, or in a way the AI provider's usage rules do not allow;
  • put personal data into the Service that the Customer has no lawful basis to hold.

6. Customer data

Ownership. As between us and the Customer, the Customer owns everything it and its users enter or upload (“Customer Data”).

Our licence. The Customer gives us a limited, non-exclusive licence to host, copy, process, transmit and display Customer Data, only as needed to provide, secure and support the Service for the Customer, and as the Data Processing Addendum allows.

The Customer's responsibility. The Customer is responsible for the accuracy and lawfulness of Customer Data, for having the right to give it to us, and for telling its staff, clients and others how their personal data is used.

What we do not do. We do not sell Customer Data or use it for advertising. Whether Customer Data is used to improve the Service or to train AI models: [to be confirmed before launch].

7. Confidentiality

Each party must keep the other's confidential information confidential, use it only for the purposes of this agreement, and disclose it only to people who need it for those purposes and are bound to keep it confidential, or where the law requires. This does not cover information that is or becomes public through no fault of the receiving party, that it already had or received lawfully from someone else, or that it developed independently. This clause continues for as long as the information remains confidential.

8. Availability and support

We will provide the Service with reasonable care and skill, but we do not promise that it will be uninterrupted or free of errors. No service level or uptime figure is promised. We will try to keep disruption from planned maintenance to a minimum.

Support is by e-mail to hello@hyfo.uk. We will respond within a reasonable time on ordinary UK working days. Response targets: [to be confirmed before launch].

The Customer is responsible for its own devices and connections, and for keeping its own copies of any record the law requires it to keep. Which records the Service's export tools cover: [to be confirmed before launch].

9. AI-assisted features

  • Some features use AI models, run by third parties named in the list of sub-processors, to read, summarise, draft or answer.
  • Their output can be incomplete, inaccurate or out of date. It is a suggestion only. The Customer must make sure that a competent person reviews every output before it is relied on, sent to a client, put in a report or used to make a decision.
  • The Service does not give professional ecological, legal, financial, tax or health and safety advice, and nothing it produces is that advice. The Customer and its professionals remain responsible for their reports, surveys, licence applications, quotes, invoices and decisions.
  • The Customer must not put into an AI feature anything it has no right to share with the AI provider. What is sent is described in the list of sub-processors.
  • We may change, limit or withdraw AI features.

10. Third-party services

  • The Customer may choose to connect the Service to third-party services, for example Microsoft 365, QuickBooks, Xero, HubSpot or Hyfo Field. Connecting is the Customer's choice. It needs its own account with each one and must follow that service's terms.
  • Once connected, data passes between the Service and the third party as the Customer has set it up. The third party's own terms and privacy notice apply to what it does with that data. We are not responsible for a third party's service, its availability or its changes.
  • The Customer can disconnect a service at any time in Settings. That stops further exchange. It does not remove data already copied into either system.

11. Intellectual property

We and our licensors own the Service and everything in it, including the software, design, documentation and the templates we provide. The Customer gets only the right to use the Service under these Terms. The Customer keeps the rights in its own content, documents and reports. If the Customer gives us feedback, we may use it without obligation.

12. Suspension and termination

  • These Terms start when the Customer accepts them and continue until ended under this clause.
  • The Customer may end them at any time. How, and the notice needed: [to be confirmed before launch]. Whether any prepaid fees are refunded: [to be confirmed before launch].
  • We may end them for convenience by giving at least [to be confirmed before launch] notice.
  • Either party may end them immediately by written notice if the other commits a material breach that it does not put right within 30 days of being told, or cannot put right, or becomes insolvent.
  • We may suspend all or part of the Customer's access if it is needed to protect the security of the Service, if the Customer or a user breaches clause 5, or if undisputed fees are overdue after we have given notice. We will tell the Customer and restore access when the cause is put right.
  • When these Terms end, access ends and the Customer must stop using the Service. Rights that have already arisen continue, and so do the clauses that by their nature should.

13. Data export and deletion on exit

While these Terms last, and for [to be confirmed before launch] afterwards, the Customer can export its data using the Service's export tools, or ask us to. After that we will delete or anonymise Customer Data, except what the law requires us to keep. Copies in backups are removed as the backups expire: [to be confirmed before launch]. The Data Processing Addendum governs the deletion or return of personal data. We may keep account and billing records for as long as the law requires.

14. Warranties and liability

14.1 Each party confirms that it has the power to enter into this agreement. Apart from that, and to the fullest extent the law allows, the Service is provided “as is” and all other warranties, conditions and terms implied by law are excluded.

14.2 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 that cannot be limited or excluded by law.

14.3 Subject to 14.2, we are not liable for loss of profit, revenue, business, goodwill or anticipated savings, for indirect or consequential loss, for loss or corruption of data caused by the Customer or by a third-party service, or for any decision, report, survey, quote or regulatory submission made using the Service, including one assisted by AI.

14.4 Subject to 14.2, our total liability to the Customer arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, in any period of 12 months is limited to [to be confirmed before launch].

14.5 This clause does not limit the Customer's duty to pay fees. The figures and wording of this clause are for a solicitor to settle: [to be confirmed before launch].

15. Data protection

Each party will comply with the data protection law that applies to it. For personal data in Customer Data, the Customer is the controller and we are its processor, on the terms of the Data Processing Addendum. For account and billing data about the Customer's users, we are the controller, as the Privacy Policy explains.

16. Changes to these Terms

We may update these Terms and the other documents. Each update is a new version, shown as a date at the top of every document. When we change the Terms or the Data Processing Addendum in a way that matters, we ask the Customer's owner to accept the new version. The Customer's owner and administrators see a notice in the Service until it has been accepted, and the owner accepts it in Settings, under Legal. The notice does not stop anyone working. Where a change is material we will also e-mail the owner: [to be confirmed before launch].

A change takes effect for the Customer [to be confirmed before launch] after notice. If the Customer does not agree to it, it may end these Terms under clause 12 before the change takes effect. Changes to sub-processors follow the Data Processing Addendum.

17. General

  • These Terms and the documents they refer to are the whole agreement between us about the Service, and replace anything said or written before.
  • The Customer may not transfer its rights or duties without our written consent. We may transfer ours to a successor to our business, and will tell the Customer.
  • If a part of these Terms is found unenforceable, the rest continues. A delay in using a right is not a waiver of it.
  • No one other than the Customer and us has any right to enforce these Terms.
  • Notices to the Customer go to the e-mail address of its owner on the Service. Notices to us go to hello@hyfo.uk.
  • Neither party is liable for a failure caused by an event beyond its reasonable control.

18. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

19. Contact

Questions about these Terms: hello@hyfo.uk.