Terms of use

These terms are between you and VAIR LTD, a company registered in England and Wales under number 16938467, registered office Flat 6 Caledonian Court, Highwood Close, London, SE22 8NW. Contact: hello@vairworks.co.uk.

They cover this website and any software the company publishes, including any mobile or desktop application and any hosted service. As at the effective date no software has been published, so in practice these terms currently govern your use of vairworks.co.uk. The software sections are written in advance so that they apply from the first release rather than being introduced afterwards.

They do not cover a consulting engagement. That is governed by a separate signed contract: see section 16.

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By using this website, downloading or installing our software, or creating an account in it, you accept these terms. If you do not accept them, do not use the site or the software.

If you accept on behalf of an organisation, you confirm you have authority to bind it, and "you" then means that organisation. Where a term applies only to consumers, it says so; "consumer" has the meaning given in section 2(3) of the Consumer Rights Act 2015.

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We may change these terms. The revision letter and effective date at the top change with them, and the previous version is not quietly overwritten.

For a paid subscription, a change that materially reduces what you receive or materially increases what you pay will be notified at least 30 days before it takes effect, and you may cancel before it does. Continuing to use the site or the software after a change takes effect means you accept it.

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Subject to these terms and to payment of any applicable fee, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the software for its intended purpose, on devices you own or control, for the duration of your subscription or, where the software is free, until the licence ends.

The licence does not transfer ownership of anything. You may not copy the software except as normal use requires, rent, lease, lend, sell or sublicense it, remove or alter any notice in it, or use it to build a competing product.

You may not reverse engineer, decompile or disassemble the software, except to the extent that applicable law expressly permits it despite this restriction. In the United Kingdom that includes the decompilation and interoperability rights in sections 50B and 50BA of the Copyright, Designs and Patents Act 1988, which we do not attempt to exclude.

Where any component is supplied under an open source licence, that licence governs that component and prevails over this section to the extent of any conflict. Applicable licence texts will be listed in the software.

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You must not:

• use the site or the software unlawfully, fraudulently, or for any unlawful purpose;
• attempt to gain unauthorised access to any system, account, network or data, or probe or scan our infrastructure other than under an invitation we have given in writing;
• interfere with or disrupt the site or the software, including by denial of service, excessive automated requests or deliberate resource exhaustion;
• introduce malware, or use the software to distribute it;
• circumvent any licensing, authentication, quota or rate limit;
• infringe anyone's intellectual property, privacy or other rights;
• scrape or systematically extract this site's content for republication or for training a model, other than by ordinary search engine indexing;
• misrepresent your identity or your affiliation with any person or organisation.

Responsible security research is welcome. Report an issue to hello@vairworks.co.uk with the subject "Security report" and give us a reasonable period to fix it before any public disclosure. We will not pursue a researcher who acts in good faith, avoids privacy violations and data destruction, and does not degrade the service.

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No subscription is currently sold, because no software has been published. This section governs any subscription sold through the Apple App Store or Google Play once one exists.

6.1 Who takes your money

A subscription bought inside an app is sold and billed by the store operator, Apple or Google, under that store's own terms. We do not receive or hold your payment card details and we cannot see them. The billing relationship for that purchase is between you and the store.

6.2 Automatic renewal

Store subscriptions renew automatically at the end of each period at the then current price, unless you cancel. The price, the period and the renewal date are shown before you confirm the purchase and in your store account afterwards.

6.3 How to cancel

You cancel in your store account settings, not with us, and you must do so at least 24 hours before the current period ends. A cancellation made inside the final 24 hours takes effect at the following renewal, not this one. After cancelling you keep access until the end of the period you have already paid for.

• iOS and iPadOS: Settings, then your name at the top, then Subscriptions, then the subscription, then Cancel Subscription.
• Android: the Google Play app, then your profile icon, then Payments and subscriptions, then Subscriptions, then the subscription, then Cancel subscription.

Deleting the app does not cancel a subscription. Deleting your account with us does not cancel it either. Only the store cancels it.

6.4 Refunds

Refunds for store purchases are handled by the store under its own policy, because the store is the seller. We cannot issue a refund for a purchase we did not take. Your statutory rights in section 10 and section 11 are not affected, and if a store declines a refund we will support a claim that has merit.

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Software described as alpha, beta, preview or pre-release is provided for evaluation. It may be incomplete, may change without notice, may be withdrawn, and may contain defects that cause loss of data. Do not rely on it in a production build pipeline without your own backups and your own rollback path.

Where a free trial is offered, its length and what happens at the end are stated at the point you start it. If a trial converts to a paid subscription, that is stated before you begin and the cancellation mechanics in section 6 apply.

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The site, the software, the specification documents, the schematics and the wordmark are owned by VAIR LTD or licensed to it, and are protected by copyright, database right, trade mark law and other rights. Nothing in these terms transfers any of them to you.

You may read, print and quote short extracts of the published specification for your own evaluation or for comment, provided you attribute them to VAIR LTD and do not present them as your own or as endorsement of anything. You may not republish the documents wholesale.

"VAIR" and "vairworks" are used as trade marks of VAIR LTD. Any other name or mark on this site belongs to its owner and is referred to only to identify that owner. Reference to another business is not a claim of association with it.

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Anything you put into our software stays yours. Your source code, build configuration, logs and artefacts are your property and we claim no rights in them. Where the software needs to process that material to work, you grant us only the narrow licence necessary to operate the feature you asked for, for as long as you use it.

If you send us feedback, a bug report or a suggestion, you agree we may use it without restriction, obligation or payment. If you would rather that did not apply to something, say so in the message and do not send it as feedback.

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If you are a consumer, the Consumer Rights Act 2015 gives you rights that these terms cannot take away or reduce. Nothing here affects them.

Under that Act, digital content supplied to a consumer must be of satisfactory quality, fit for any particular purpose you made known to us, and as described. If it is not, you have a right to a repair or replacement, and where that is impossible or not done within a reasonable time and without significant inconvenience, a price reduction. Where digital content damages a device or other digital content because we failed to use reasonable care and skill, you may be entitled to a repair or compensation.

Where we supply a service, section 49 of the Act requires it to be performed with reasonable care and skill. Detailed guidance on consumer rights is available from Citizens Advice.

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If you are a consumer buying at a distance, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give you 14 days from the day the contract is made to cancel a contract for digital content, without giving a reason.

That right is lost for digital content supplied immediately. Where you ask for the content to be supplied during the 14 day period, and you acknowledge that you will lose the right to cancel once supply begins, regulation 37(1) means the cancellation right ends when supply starts. Downloading, installing or beginning to use the software during the period is treated as that request, and the confirmation screen will state the waiver in plain words before you proceed rather than hiding it in a checkbox.

If you do not make that request, the 14 days run normally. To cancel, email hello@vairworks.co.uk with the subject "Cancellation within 14 days". Any refund due is made within 14 days of our being told, by the same method you paid. Where the purchase was billed by an app store, the store processes the refund, as section 6 explains.

This section applies to consumers. It does not apply to a business purchase.

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We do not promise that the site or the software will be available uninterrupted or error free. We may suspend, withdraw or restrict any part of them for maintenance, for security or for business reasons, and we will give notice where it is reasonably practicable to do so.

No service level agreement applies to free use of this site. Where a paid subscription later carries an availability commitment, that commitment will be published with it and will override this section for that subscription.

Support runs through hello@vairworks.co.uk. We aim to reply within five working days. That is a target, not a contractual term, and we would rather state it honestly than promise an hour we cannot hold.

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The specification, the reference architecture and the other technical documents on this site describe a design under development. They are not a warranty, an offer, or a promise that any feature will ship, ship in that form, or ship at any particular time.

To the extent permitted by law, and except as expressly stated in these terms, the site and the software are provided as they are and as available, and we exclude all implied warranties, conditions and other terms, including as to satisfactory quality, fitness for a particular purpose and non-infringement.

Nothing in this section limits your statutory rights as a consumer under section 10, and this exclusion does not apply to a consumer to the extent the law does not permit it.

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14.1 What we never exclude

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, for any liability under the Consumer Rights Act 2015 that cannot lawfully be limited, or for anything else that cannot lawfully be excluded.

14.2 If you are a consumer

We are liable for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen, or if both parties knew it might happen when the contract was made. We are not liable for loss or damage that is not foreseeable, nor for any business loss, since the software is supplied to consumers for personal use.

14.3 If you are a business

Subject to 14.1, we are not liable to you for loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill, loss of or corruption of data, business interruption, or any indirect or consequential loss, however arising, whether in contract, tort including negligence, breach of statutory duty or otherwise, and whether or not the loss was foreseeable.

Subject to 14.1, our total liability arising out of or in connection with these terms is limited to the greater of the total fees you paid us in the 12 months before the event giving rise to the claim, or one hundred pounds sterling.

14.4 Your own build system

You remain responsible for your own source control, your own backups and your own release process. Our software is a tool used inside your pipeline, and you should keep the ability to build without it.

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You may stop using the site or the software at any time, and may delete your account as described in section 22 of the privacy notice.

We may suspend or end your licence if you materially breach these terms, in particular section 5, or if we are required to by law. Where it is proportionate to do so we will warn you first and give you a chance to put it right. On termination the licence ends, you must stop using the software, and sections 8, 9, 13, 14, 17 and 18 survive.

If we end a paid subscription other than for your breach, we will refund the unused portion of the period you have paid for.

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Consulting work is not bought through this website and is not governed by these terms. Each engagement runs under a separate written contract stating the scope, the deliverable, the fee, the confidentiality position and the data protection terms required by Article 28 of the UK GDPR.

Where that contract and these terms conflict, the contract prevails for the engagement. Nothing on this website is an offer capable of acceptance, and describing availability here does not commit us to accept any particular piece of work.

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Entire agreement. These terms, with the privacy notice and the cookie notice, are the whole agreement between us for the site and the software, and replace anything said beforehand. This does not limit liability for fraudulent misrepresentation.

Assignment. You may not transfer your rights or obligations without our written consent. We may transfer ours to a group company or to a buyer of the business, and will tell you if we do.

Severance. If any provision is found unlawful or unenforceable, the rest continues in force.

Waiver. A delay in enforcing a term is not a waiver of it.

Third parties. Nobody other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.

Notices. Notices to us go to hello@vairworks.co.uk or to the registered office. Notices to you go to the email address on your account or the one you wrote from.

Force majeure. Neither party is liable for failure to perform caused by an event beyond its reasonable control, provided it tells the other and works to resume.

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These terms, their subject matter and their formation, including any non-contractual dispute or claim, are governed by the law of England and Wales.

The courts of England and Wales have exclusive jurisdiction, except that if you are a consumer resident in Scotland or Northern Ireland you may also bring proceedings in your own jurisdiction, and you keep the benefit of any mandatory consumer protection law of the country you live in.

Before going to court, please raise the matter with us at hello@vairworks.co.uk. Most disputes are cheaper to solve by email than by pleading.

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