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Terms of service

Last Updated: 25th May 2022

These Terms of Service (this “Agreement”) govern your access to and use of the Combiine* Service (defined below as “the Services”). If you register for a free trial, evaluation or free Services, the applicable provisions of this Agreement also govern your access to such Services. These headings and definitions form part of this Agreement.

You agree to the terms of this Agreement by accepting them or by using the Services.

We periodically update the terms of this Agreement. If you are the main account holder of an active Combiine account, we will notify you of updatesvia an email or a notification on the Combiine platform. Unless the notice states otherwise, the updated terms of this Agreement will become effective and binding on the next business day after it is posted. Copies of archived recent versions of the termsare available upon request.

“You” means you are accepting these Terms or Service on behalf of an entity you represent, or you are accepting the terms on behalf of yourself, individually. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms of Service, and you agree to these Terms of Service on behalf of that entity. If you do not have such authority,are under 18 years of age, or do not agree to the terms set forth in this Agreement, you must not use the Services. “Combiine”, “we”, “us” or “our” means the applicable Combiine contracting entity as specified in the ‘Combiine Entity and Law and Jurisdiction’ section below.

Direct competitors of Combiine are prohibited from accessing or using the Services and the Services may not be accessed for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

This Agreement is effective as of the date on which you accept it either by means of the Order Form or by utilising the Services. The following also apply to your use of the Services:

  • OurAcceptable Use Policy, which sets out the permitted uses and prohibited uses of our Services, including any material and data transmitted using the Services. The Acceptable Use Policy forms part of this Agreement.
  • OurData Processing Addendum, which describes how we will process any personal data of those you authorised to use the Services. To the extent that we act as the data processor of any personal data of which you are the data controller, the Data Processing Addendum forms part of this Agreement.
    Additionally, the following policies apply to your use of our website:
  • OurPrivacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.

OurCookie Policy, which sets out information about the cookies on the Platform.

  1. DEFINITIONS

In addition to the terms defined herein, the following terms shall be defined as follows:

Added Option means any optional product, service, feature or functionality which Combiine makes available to you subject to the agreement of additional terms;
Confidential Information all non-public information (however recorded or preserved) disclosed by a party to the other party after the date of this agreement, including but not limited to any information that would be regarded as confidential by a reasonable business person;
Damages means any damages (or the equivalent) which are recoverable and/or payable pursuant to the terms of the Insurance Policy;
Data Liability Limit means the sum of £1,000,000.00;
Documentation the documents made available by Combiine online which sets out a description of the Services and the user instructions for the Services;
Exclusion(s) means any damages, claim, costs, penalties or fines which are excluded from or non-recoverable pursuant to the terms of the Insurance Policy;
General Limitation Cap means the sum of £10,000.00 or the total of the fees paid by you during the 12 months immediately preceding the date of the breach, whichever sum is the lower;
Insurance Policy means the relevant cyber liability and professional indemnity insurance policy of Combiine in place at the relevant time;
Insured Data Breach means any breach of the relevant data protection legislation in place at the time of the breach which is covered by and/or recoverable pursuant to the terms of the Insurance Policy;
Issue a perceived risk, policy non-conformance or other issue identified by the Services;
Intellectual PropertyRights patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights;
Managed Asset
(Protected Asset)		 any vehicle, device, document or other item in respect of which you use the Services during the term of this Agreement;
Order Form The order process specifying the Services to be provided under this Agreement that is entered into between you and Combiine and your Subscription Allocation;
Non-Insured Data Breach means any breach of the relevant data protection legislation in place at the time of the breach which is not covered by and/or is not recoverable pursuant to the terms of the Insurance Policy;
Person (developer) means an employee, agent or independent contractor who You permit to access the Services or who’s information you enter into the Services.
Personal Data any information relating to an identified or identifiable natural person;
Service Data information and data made available by Combiine to you in connection with the Services;
Services the services and access to Software provided by Combiine to you under this agreement as more particularly may be described in the Order Form and the Documentation;
Software the software applications provided by Combiine as part of the Services;
Subscription Allocation the limits on the use of the Services comprised in your subscription (or, as the case may be, your free plan), as may be set out in an Order Form, including any limit on the number of People or Managed Assets managed by the Services;
Virus any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices;
Your Data the data inputted by you, or Combiine on your behalf for the purpose of using the Services or facilitating your use of the Services.
  1. PROVISION OF SERVICES
  1. Subject to your compliance with the terms of this Agreement, we will provide you with access on a non-exclusive basis to use the Services, Service Data and the Documentation during the Term solely for your internal business operations in accordance with your Subscription Allocation. We will use reasonable commercial endeavours to ensure such access is available, subject to the terms of the Agreement, without interruption (with the exception of circumstances relating to late or non-payment of fees, maintenance to the service, force majeure and/or termination).
  2. If you have a paid subscription, this Agreement shall remain in effect for the initial period stated on the Order Form and thereafter, will renew automatically for additional twelve (12) month periods until terminated by either you or us providing the other with notice of termination prior to the end of the Term (all such periods together referred to as the “Term”). If you are on a free plan, “the Term” is the period commencing on your acceptance of these Terms of Service and ending when either we or you terminate this Agreement as set out in the Termination section below.
  3. This Agreement will apply to any new services, feature, or functionality which we may introduce from time to time, except to the extent that they are Added Options which may be subject to the additional terms to which you will be required to agree and additional fees which you will be required to pay before being permitted to use the Added Options.
  4. The Service-Specific Terms set out in the Schedule below highlight some of the important things about using particular features and functions of certain individual Services. To the extent that your Order Form specifies any of those Services as being included in your subscription, the relevant additional Service-Specific Terms form part of these Terms of Service and apply additionally to your use and our provision of those Services.
  1. YOUR ORDER AND SUBSCRIPTION ALLOCATION

If you have a paid subscription, your Order Form sets out the number of People and Managed Asset subscriptions that you have agreed to purchase. You shall ensure that the maximum number of subscriptions shall not exceed your Subscription Allocation. You may purchase additional subscriptions in increments by notifying us or through the self-service function on your account and paying additional fees. We may track the number of People and Managed Assets to verify that you are paying for the correct number of subscriptions and invoice you for any additional fees due.

  1. PAYMENT
  1. If you choose a paid-subscription plan, you agree to pay us fees in accordance with the relevant pricing plan. Details of those fees are set out on our Pricing Page at https://www.combiine.com/plans unless otherwise agreed in writing.
  2. Depending on the pricing plan chosen by you, our third party payment processor will (and you hereby authorise it to) bill your payment card for the applicable fee in advance on or shortly after the date you subscribe for a paid plan and each month or anniversary thereafter, until terminated by you or us. The fees are non-cancellable and non-refundable, except as expressly stated otherwise in these Terms of Service.
  3. If you move to a higher tier of a paid plan, the change will take effect immediately and we will charge you for the additional fees associated with the new paid plan on a pro-rata basis. If you move to a lower tier of a paid plan, the fee change will take effect in the next billing cycle. You acknowledge that you will not receive a refund for the then-current billing cycle if you move to a lower tier of a paid plan, or to a non-payment subscription plan.
  4. We reserve the right not to provide you with the Services until the relevant fee has been received in full and cleared funds.
  5. We also reserve the right to change our fees or payment plans at any time unless otherwise agreed. If you do not agree to such change, you must ask us to delete your account via email to accounts@combiine.com and stop using the Services within 30 days of the date the new fee or payment plan becomes effective, at which point this Agreement will be deemed to have been terminated by you. We will only charge you in respect of the period before termination and based on the old fee or payment plan. If you do agree to such change (which will be deemed from your continued use of the Services after the date the new fee or payment plan becomes effective), your next bill will include the new fees on a pro rata basis.
  6. You will pay fees without any set-off, counterclaim, deduction or withholding of any kind, except as may be required by law. If any withholding or deduction is required by law, you will, when making the payment to which the withholding or deduction relates, pay to us such additional amount as will ensure that we receive the same total amount that it would have received if no such withholding or deduction had been required.
  7. Any sums which remain unpaid following the expiry of the period set out in these Terms shall incur interest and charges pursuant to the Late Payment of Commercial Debts Regulations 2013 (as amended) and The Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from time to time until payment in full is made of any such outstanding sums.
  1. YOUR USE OF THE SERVICES
  1. You shall prevent unauthorised access or use of the Services, Service Data, Documentation, and in the event of a breach, you will notify us immediately. You are responsible for all use of our Services with your account details, which includes all user passwords issued to your organisation for each Authorised User, and for protecting your account details from unauthorised use. You are also responsible for the security of any computer from which you sign into your account. You shall ensure that all your Combiine account credentials are kept confidential. You agree to ensure that all use of the Services, Service Data, Platform and Documentation by you or under your Combiine account are in compliance with the terms and conditions of this Agreement (including the Acceptable Use Policy) and in compliance with all applicable laws, rules and regulations governing this Agreement. You are responsible for any breach of this Agreement by any person using your Combiine account credentials.
  2. You promise not to access, store, distribute or transmit any Viruses, or any material during the course of your use of the Services, the Platform, Service Data or Documentation that infringes any Intellectual Property Right of any other person and/or advocates, promotes or assists any unlawful act or illegal activity, and Combiine reserves the right, without liability or prejudice to its other rights to you, to disable your access to any material that breaches the provisions of this clause.
  3. You may not, except to the extent expressly permitted under this Agreement, (i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software, Service Data, Platform or the Documentation in any form or media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or (iii) use the Services, Service Data, Platform or the Documentation to provide services to third parties; or (iv) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services, Service Data, Platform or the Documentation available to any third party; or (v) access all or any part of the Services in order to build a product or service which competes with the Services; or (vi) access without authority, interfere with, manipulate, damage or disrupt all or any part of the Services or any equipment or network owned or used by any third party, or assist any third party in doing such acts.
  1. YOUR DATA AND PRIVACY

For the purposes of providing the Services, Combiine may collect, process and store certain data concerning your users and People, including Personal Data such as their email addresses. To the extent that Combiine processes Personal Data on your behalf as data processor when performing its obligations under this Agreement, theData Processing Addendumshall apply.

  1. OUR RESPONSIBILITIES TO YOU
  1. Combiine will make commercially reasonable efforts to ensure that the Services will be performed substantially in accordance with the Documentation. However, we will have no obligations to the extent of any non-conformance which is caused by use of the Services contrary to our instructions, or modification or alteration of the Services by any party other than Combiine or Combiine’s duly authorised contractors or agents. Your sole remedy and our only obligations to you if the Services do not conform with the foregoing undertaking is for us to (at our expense), use reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance.
  2. Any operation or transaction completed via any third-party application or service is between you and the relevant third party, and not Combiine. Combiine recommends that you refer to the third party’s terms and conditions and privacy policy prior to using the relevant third-party application or service. Our provision of features enabling interoperation with any third party application or service does not constitute endorsement or approval of it.
  3. You acknowledge and agree that:
    1. the Services will evolve over time and that functionality may be added and removed from time to time;
    2. Combiine does not warrant that use of the Services will be uninterrupted or error-free, or that the Services and/or the information obtained through the Services will meet your requirements; and
    3. Combiine is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
  4. We have no obligation to modify Software to support your use of the Services and you acknowledge that the accuracy and completeness of the Services is dependent on a number of factors outside our control, including design, implementation, and use of the Protected Asset, erroneous dependency or Issue data, and changes to the environment in which the Protected Asset is used.
  5. While we use commercially reasonable efforts to properly identify Issues for review, you acknowledge that we do not warrant that:
    1. the Services will be able to find and monitor all Issues included in, applicable to or used by the People or Managed Assets.
    2. Whilst Combiine endeavours to keep up to date and build on its risk and compliance database, the Services do not constitute professional advice (including legal advice) in relation to the People or Managed Assets and we do not guarantee it is a complete source of all Issues, nor that it is relevant or suited to the People or Managed Asset or your use of the Services generally;
    3. we will be able to provide a remediation for all Issues discovered using the Services;
  6. You also agree that:
    1. You assume sole responsibility for results obtained from the use of the Services, and for conclusions drawn from such use.
    2. You acknowledge that it is your responsibility to assess the impact of the remediation before applying it.
    3. that remediations are provided for general information only, and have not been made with your particular requirements in mind. It is therefore not intended to amount to advice on which you should solely rely.
  7. From time to time, Combiine may make Beta Services available. Beta Services are made available “AS IS” and Combiine shall have no liability for any harm or damage arising out of or arising out of or in connection with the Beta Services. You may choose to try such Beta Services at your sole discretion. Combiine may discontinue Beta Services at any time in its sole discretion and may never make them generally available.
  1. INTELLECTUAL PROPERTY RIGHTS
  1. Combiine and/or its licensors owns all Intellectual Property Rights in the Services, Service Data, Software, Platform and the Documentation and except as expressly stated herein, Combiine does not grant to you any rights to, or in, such Intellectual Property. If you create any derivative works or developments based on Combiine Intellectual Property Rights, you agree to assign to Combiine all ownership rights and title to such developments and undertake to do all such actions and sign all and any necessary documentation to give effect to such assignment.
  2. Combiine claims no Intellectual Property Rights in and to your, Managed Asset or any material you provide or otherwise transmit to Combiine via the Platform. However, you acknowledge and agree that in order for us to provide Services, we will be inspecting, using, sending to Combiine servers, displaying and storing: (i) the Managed Asset; (ii) information relating to the Managed Asset (such as vehicle registration, make, model and metadata), information relating to the People using the asset and how they are associated with the Managed Asset, and (iv) any of Your Data, in all cases for the purposes of providing the Services.
  3. Additionally, you acknowledge and agree that Combiine may use any of Your Data for analytical purposes (for example, to maintain reports of platform and feature usage) and to improve the Services, providing such data is fully anonymised of all Personal Information. Combiine shall continue such use indefinitely and it will not end upon termination of this Agreement or upon your deletion of the relevant People or Managed Asset on the Platform until and unless you send us written notice to cease such use via email at support@combiine.com.
  1. CONFIDENTIALITY
  1. We each may be given access to Confidential Information from the other party in order to perform our respective obligations under this Agreement. Confidential Information does not include information that: (i) is or becomes publicly known other than through any act or omission of the receiving party; (ii) was in the other party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; (iv) is independently developed by the receiving party, which independent development can be shown by written evidence; (v) or is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body. Details of the Services, the Service Data, the Documentation, and the results of any performance tests of the Services, constitutes Combiine’s Confidential Information.
  2. Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.
  3. Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.
  4. The obligations of confidentiality and non-use in this Section shall survive termination of this Agreement.
  1. INTENTIONALLY LEFT BLANK

 

  1. LIMITATION OF LIABILITY
  1. Nothing in this agreement excludes the liability of either party:
    1. for death or personal injury caused by the negligence of the other party; or
    2. for fraud or fraudulent misrepresentation; or
    3. any liability that cannot be excluded or limited by law.
  2. Neither party shall be liable whether in tort, contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement; and
  3. For Damages arising from any claim relating to an Insured Data Breach by Combiine, the total aggregate liability of Combiine shall be limited to any sum payable in accordance with the terms of the Insurance Policy and subject to the Exclusions and terms contained therein;
  4. For damages arising from any claim relating to the equivalent of an Insured Data Breach by you, your total aggregate liability to Combiine shall be limited to the equivalent of any Damages which would have been payable to Combiine in accordance with the terms of the Insurance Policy and subject to the Exclusions and terms contained therein;
  5. For any Exclusions arising from any claim which does not relate to an Insured Data Breach by either party, the total aggregate liability of the party in breach shall be limited to the General Limitation Cap;
  6. Combiine undertakes to maintain one or more Insurance Policies with a reputable insurance provider of its choice and shall, on the written request of the other party, provide that party with copies of any relevant information from the policy. If any policy is, or becomes, void, voidable or unenforceable, Combiine shall take out another Insurance policy in its place.
  7. Combiine will not be liable for our failure to find, fix and monitor Issues, any ‘false positives’ incorrectly identified by the Services as requiring consideration of a remediation; or for any damage or loss suffered as a result of a recommended remediation deployed. Nor shall Combiine have any responsibility for any damage caused by errors or omissions in any content or omissions in any information, instructions, or scripts provided by you in connection with the Services or any action taken by us at your direction.
  8. All other warranties, conditions, representations or other terms implied by statute or common law in relation to the Services, Documentation, Service Data, and Platform are excluded to the fullest extent permitted by law.
  9. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our site resulting from external causes including, but not limited to: –
  • ISP equipment failure;
  • host equipment failure;
  • communications network failure;
  • natural events;
  • site maintenance;
  • suspension of services pursuant to the terms of this agreement;
  • acts of war;
  • legal restrictions and censorship.
    1. TERMINATION
    1. If you do not have a paid subscription to the Services, we may suspend, limit, or terminate the Services and terminate this Agreement for any reason at any time without notice, and you may terminate this Agreement at any time by deleting your account by means of the Service, or asking us to do so via email toaccounts@combiine.com. If you have a paid subscription to the Services, you or we may terminate by giving thirty (30) days’ notice before the end of the then current Term via email toaccounts@combiine.com.
    2. Without affecting any other right or remedy available to us, we may terminate this agreement with immediate effect by giving written notice to you if you commit a material or persistent breach of these terms.
    3. On termination of this Agreement: (i) the rights granted to you under this Agreement Shall immediately terminate; and (ii) you shall pay any and all fees outstanding, delete all copies of the Service Data and cease all use of the same; and immediately uninstall, delete or remove from all computer equipment in your possession or control, and destroy or return to Combiine all copies of, any software used in the provision of the Services including Combiine’s mobile application;
    4. Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
    5. Combiine reserves the right to terminate this agreement on notice in the event that control of the customer is acquired by any person or connected persons not having control of that other party on the date of the agreement. For the purposes of paragraph 9, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.
    6. In the event that a party to the agreement cannot perform their obligations hereunder as a result of force majeure the other party may at its discretion terminate the agreement by written notice. In the event of such termination, the fees shall be paid for all services provided up to the date of termination.
    1. WAIVER

    The parties agree that no failure by either party to enforce the performance of any provision in this agreement shall constitute a waiver of the right to subsequently enforce that provision or any other provision of this agreement. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

    1. SEVERANCE

    If any provision of this Agreement or any Order Form, shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement or any Order Form is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

    1. ENTIRE AGREEMENT

    This Agreement, the Documentation, and each respective Order Form contain the entire agreement of the parties with respect to the Services specified in each Order Form, and there are no other promises or conditions in any other agreements, whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties with respect to those Services provided under this Agreement, or specified in each Order Form (if applicable). The parties agree that any term or condition stated in a purchase order provided by You or in any other order documentation provided by You is void. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (a) the applicable Order Form, (b) this Agreement, and (c) the Documentation. Titles and headings of sections of this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement.

    1. ASSIGNMENT

    You may not assign or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Notwithstanding the foregoing, no consent is required for you to assign your rights and obligations under this Agreement to an Affiliate or to a successor in interest through merger, reorganization, consolidation, or acquisition, provided that you provide us with notice of the assignment. Any attempted assignment, transfer, or other conveyance in violation of the foregoing shall be null and void. No assignment shall relieve the assigning party of any of its obligations hereunder. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

    Subject to paragraph 12 neither party shall assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of this agreement without the prior written consent of the other, such consent not to be unreasonably withheld save that Combiine shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors.

    1. NO PARTNERSHIP OR AGENCY

    The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. Each party will be solely responsible for payment of all compensation owed to its employees, as well as all employment-related taxes.

    The relationship between the parties under this agreement is and shall remain non-exclusive. Both parties are free to enter into similar relationships with other parties.

    1. THIRD PARTY BENEFICIARIES
    • Save as provided for in this agreement a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
    • Subject to paragraphs 12 and para 16 of these Terms the agreement shall continue and be binding on the transferee, successors and assigns of either party as required.

    Nothing in the agreement shall constitute or be deemed to constitute a relationship of principal and agent, or of employer and employee or a partnership, joint venture, agency or other fiduciary relationship between the parties other than the contractual relationship expressly provided for in the agreement.

    1. LEGAL NOTICES

    To contact us for technical issues, please email support@combiine.com. For legal notices, please contactlegal@combiine.com. A notice sent by email shall be deemed to have been received at the time of transmission.

    This paragraph shall not apply to the service of notice in legal proceedings.

     

    1. COMBIINE ENTITY AND LAW AND JURISDICTION

    If your physical address is in the United Kingdom, then:

    (i) you are contracting with Combiine Limited (a company registered in England and Wales under company number 10610620 whose registered office is at Fleet House, Maries Way, Silverdale Business Park, Newcastle, Staffordshire, ST5 6PA);

    (ii) any dispute or claim arising out of or in connection with this Agreement shall be governed by and construed with the laws of England and Wales; and

    (iii) the courts of England shall have exclusive jurisdiction to adjudicate any dispute arising out of or related to this Agreement.

    Schedule – Additional Terms for certain Services

    The following additional terms apply in respect of Combiine Risk Management:Combiine Risk Management is the function of the Services which enables you to create sets of rules that can be applied in respect of eligibility and risk level for People or Managed Assets. “Risk Information” means the eligibility information and risk information identified by the Services as being associated with any Person or Managed Asset.

    You acknowledge and agree that:

    1. Risk Information is obtained by Combiine from You, People and Third Parties (such as the DVLA) using the Combiine Risk Management platform;
    2. No warranty or representation of any kind is made by Combiine as to the accuracy or completeness of Risk Information, or the availability of Risk Information for any People or Managed Asset, and that Risk Information is made available ‘as is’ at your own risk;
    3. You are responsible for determining the extent to which certain People or Managed Assets present a safety, legal or commercial risk to you;
    4. You are responsible for setting your own severities or policies by means of Combiine Risk Management, and any sample or default policies and settings made available for use by Combiine are solely for information purposes and not intended as legal advice or advice applicable to your own circumstances and risk assessments.

    The following additional terms apply in respect of Combiine Vehicle Checks:Combiine Vehicle Checks is the function of the Services which enables you to create sets of questions which People may be required to answer about Managed Assets, which answers may generate Defect and Risk Information for People or Managed Assets. “Risk Information” means the eligibility information and risk information identified by the Services as being associated with any Person or Managed Asset. “Defect” means any shortcoming, imperfection or other issue identified by the Services as being associated with any Person or Managed Asset.

    You acknowledge and agree that:

    1. Risk Information and Defects are obtained by Combiine from You, People and Third Parties (such as the DVLA) using the Combiine Risk Management platform;
    2. No warranty or representation of any kind is made by Combiine as to the accuracy or completeness of Risk Information and Defects, or the availability of Risk Information and Defects for any People or Managed Asset, and that Risk Information and Defects are made available ‘as is’ at your own risk;
    3. You are responsible for determining the extent to which certain People or Managed Assets present a safety, legal or commercial risk to you;
    4. You are responsible for setting your own severities and questions by means of Combiine Risk Management, and any sample or default policies and settings made available for use by Combiine are solely for information purposes and not intended as legal advice or advice applicable to your own circumstances and risk assessments.

    The following additional terms apply in respect of the API. The “API” is the application program interface made available by Combiine to you as an optional part of the Services for the purposes of connecting your Combiine account with other facilities operated and controlled by you. You may be given permission to use the API during the Term, solely for the purposes of your use of the Services for your internal business operations. No warranty or representation is made as to the API’s continued availability, or its compatibility with any software or technical protocols or standards.

    The API is intended to be used as an interface between the Platform and an external application or repository operated and controlled by you. Combiine may rate-limit, throttle or otherwise restrict API use to prevent what it considers (in its absolute discretion) to be abuse, security issues or excessive use. Combiine shall use reasonable endeavours when applying such restriction to return a descriptive error message, but the nature of the restriction may make this impractical.