Terms of service

These terms are a contract between BigThumb Digital Ltd (company number 11489879, registered office Unit 8 The Courtyard, Gaulby Lane, Stoughton, Leicester, LE2 2FL) (“we”, “us”) and the business that signs up for Groundcuvva (“you”, the “customer”). The person who accepts them confirms they are authorised to bind that business.

Groundcuvva is sold to businesses only. You are not a consumer when you use it, and consumer protection rules for consumers do not apply.

Our data processing agreement forms part of these terms and applies to the personal data you put into the service. Our privacy notice explains what we do with personal data as a controller. If these terms and the data processing agreement conflict on personal data, the data processing agreement wins.

Groundcuvva is online software for grounds and garden maintenance companies: diary and visit scheduling, a crew app with time clock, client records and portal, holiday and staff records, equipment and vehicle checks, compliance certificates, incident and health-surveillance records, and reports. We may improve or change features over time; we won’t remove a core feature you rely on without reasonable notice.

We aim to keep the service available at all times but don’t guarantee it will be uninterrupted or error-free. We will try to give notice of planned maintenance.

• You decide who in your business gets an account and what role they have. You are responsible for what your users do in the service.
• Keep passwords and sign-in links private. Turn on two-step sign-in for anyone with admin access. Tell us straight away if you think an account has been misused.
• Each company gets its own web address on groundcuvva.com. We may refuse or withdraw an address that is misleading or infringes someone else’s rights.

• New accounts start with a free trial. At the end of the trial you need a paid subscription to keep using the service.
• Fees are shown on our pricing page and at checkout. Unless stated, they exclude VAT, which is added at the applicable rate.
• Subscriptions renew automatically each billing period until cancelled. Payment is taken by our payment provider, Stripe.
• If a payment fails we will tell you and retry. If it is still unpaid 14 days after we tell you, we may restrict the account to read-only or suspend it until payment is made.
• We may change our prices with at least 30 days’ notice; the change takes effect from your next renewal.

You own the data you and your users put into Groundcuvva (“customer data”). You give us permission to host, copy and process it only to provide, secure and support the service, as set out in the data processing agreement.

You are responsible for having a lawful basis for the personal data you add, for giving your staff and clients any privacy information they need (we provide an employee privacy notice template you can adapt), and for deciding how long to keep records, including records you must keep by law such as accident, pesticide and health-surveillance records.

You can export your data at any time. When a paid subscription ends we keep your data for 30 days so you can export it or resubscribe, then delete it as described in the data processing agreement. A free trial that ends without a subscription is deleted 60 days after it ends. We email the account owner a week before any deletion. Owners can also delete the company immediately from Settings.

You must not, and must not let anyone else:

• use the service for anything unlawful, or to store data you have no right to hold;
• upload malware, or try to break, probe or overload the service or get into another customer’s data;
• copy, resell or reverse engineer the software, except as the law allows;
• use the service to send spam or unsolicited marketing.

We may suspend access if we reasonably believe these rules are being broken or the security of the service is at risk. We will tell you why and restore access once the problem is fixed.

We (and our licensors) own the software, design and content of Groundcuvva. You get a non-exclusive, non-transferable right for your users to use it for your internal business purposes while your subscription is active. Suggestions you send us may be used to improve the service without obligation.

Each of us will keep the other’s confidential information confidential and use it only to perform this contract, except where the information is public, was already known, or must be disclosed by law.

• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
• Neither of us is liable for loss of profit, revenue, business, goodwill or anticipated savings, or for indirect or consequential loss.
• Subject to the above, each party’s total liability in any 12-month period is limited to the fees you paid in that period. This cap does not apply to your obligation to pay fees.
• The service helps you keep records and reminders; it does not replace your own legal duties (for example under health and safety, pesticide or environmental law) or professional advice.

• This contract runs from sign-up until it ends. You can cancel at any time from the billing page; cancellation takes effect at the end of the current paid period and fees already paid are not refunded, except where the law requires.
• Either of us may end the contract immediately by notice if the other materially breaches it and doesn’t fix the breach within 30 days of being asked, or becomes insolvent.
• We may end the contract for convenience with 90 days’ notice, refunding any fees paid for the period after it ends.
• On termination your right to use the service stops, the 30-day export window applies, and clauses that by their nature survive (data, confidentiality, liability, law) continue.

• Changes: we may update these terms. We will give at least 30 days’ notice by email of changes that materially affect you; continuing to use the service after that means you accept them. If you don’t, you can cancel before they take effect.
• Force majeure: neither of us is liable for delay caused by events outside our reasonable control.
• Assignment: you may not transfer this contract without our consent; we may transfer it to a buyer of our business with notice.
• Notices: to us at the contact address below; to you at the email address of the account owner.
• Entire agreement: these terms, the data processing agreement and the order details are the whole agreement between us about the service.
• Third parties: no one else has rights under this contract (Contracts (Rights of Third Parties) Act 1999).
• Law and courts: these terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

BigThumb Digital Ltd, Unit 8 The Courtyard, Gaulby Lane, Stoughton, Leicester, LE2 2FL. Email privacy@groundcuvva.com.