Website & Trial Account Terms of Use

1.1   We offer eligible users a free trial account for the App (“Trial Account”). The Trial Account is provided at no cost and is subject to these Terms.

1.2   During your trial, you may submit a maximum of five (5) questions to the App. Once you have used all five questions, your access to the App's question-and-answer functionality will be suspended unless you upgrade to a paid subscription (see Section 9).

1.3   The trial is intended to allow you to evaluate the App. It does not include all features available under a paid subscription, such as unlimited questions and custom location data.

1.4   We reserve the right to modify, suspend, or discontinue the trial offering at any time without notice.

2.1   To register for a Trial Account, you must provide a valid email address, tick the acceptance checkbox described in the introduction above, and agree to these Terms.

2.2   You may only register for one Trial Account. You are strictly prohibited from registering for additional Trial Accounts using a different email address, or by any other means, in order to circumvent the five-question limit or to obtain continued free access to the App. Any such conduct constitutes a material breach of these Terms and will result in the immediate termination of all associated accounts.

2.3   You consent to EarthSavvy using reasonable technical means — including email domain matching and device or browser signals — to detect and prevent duplicate registrations. Information gathered for this purpose will be handled in accordance with our Privacy Notice.

2.4   You must be at least 18 years old and have the legal capacity to enter into a binding agreement in order to register for a Trial Account.

4.1   EarthSavvy is the data controller in respect of personal data collected through the website and the App. We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Full details of how we collect, use, store, and share personal data, the lawful bases we rely on, your rights as a data subject, and how to exercise those rights are set out in our Privacy Notice.

4.2   When you register for a Trial Account, we collect your email address and any other information you provide. We process this data on the basis of contractual necessity (to provide the trial service) and, where relevant, our legitimate interests.

4.3   Where you submit questions or other inputs to the App, you may incidentally include personal data. You are responsible for ensuring that you have the right to submit any such personal data and that doing so is lawful. You grant EarthSavvy a licence to process such data to the extent necessary to operate the trial service.

4.4   EarthSavvy may use anonymised and aggregated data derived from your use of the App (including questions asked and responses generated) to improve the App and train its algorithms, provided that such derived data cannot identify you or any individual. Our Privacy Notice sets out the lawful basis we rely on for this processing. EarthSavvy owns all intellectual property rights in such derived data.

4.5   We will not retain your personal data for longer than is necessary for the purposes for which it was collected. Retention periods are set out in our Privacy Notice.

4.6   If you have any questions about how we handle your personal data, or wish to exercise your data subject rights, please contact us as set out in Section 11 below or refer to our Privacy Notice.

5.1   The App is an advisory tool designed to assist users in gathering information and supporting decision-making. It is not a substitute for professional judgment.

5.2   THE APP AND ALL OUTPUTS GENERATED BY IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EARTHSAVVY MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO:

• the accuracy, completeness, reliability, or fitness for purpose of any answer or output generated by the App;
• the continuous, uninterrupted, or error-free operation of the App or the website; or
• the App meeting your particular requirements or producing any specific outcome.

5.3   Because the Trial Account is provided free of charge, EarthSavvy gives no performance commitments and no service level guarantees in respect of the trial.

6.1   You assume sole responsibility for any decisions you make based on outputs from the App and for all conclusions drawn from your use of the App.

6.2   Because the Trial Account is provided at no cost, and to the fullest extent permitted by applicable law, EarthSavvy's total aggregate liability to you under or in connection with these Terms — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed £100. This cap applies regardless of the number of claims or the form of action.

6.3   Subject to clause 6.4, EarthSavvy shall have no liability for:

• any loss of profits, revenue, business, data, or goodwill;
• any business decisions made in reliance on outputs from the App; or
• any indirect, special, or consequential loss of any kind.

6.4   Nothing in these Terms excludes or limits EarthSavvy's liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.

7.1   All intellectual property rights in the App, the website, and their underlying content belong to EarthSavvy or its licensors. You are granted no rights in them except as expressly set out in these Terms.

7.2   You retain ownership of any data you input into the App (“Your Data”). By using the App, you grant EarthSavvy a non-exclusive, royalty-free licence to use Your Data to the extent necessary to provide the trial service.

7.3   Outputs generated by the App in response to your questions are licensed to you for your own internal evaluation purposes only. EarthSavvy makes no claim to own such outputs, but you may not reproduce or distribute them commercially without our prior written consent.

9.1   We may suspend or terminate your Trial Account at any time if we reasonably believe you have breached these Terms, including by attempting to register multiple Trial Accounts.

9.2   You may stop using the App and close your Trial Account at any time by contacting us as set out in Section 11.

9.3   On termination, your right to access the App will cease immediately. We will handle any personal data held in your account in accordance with our Privacy Notice.

10.1   The Trial Account does not automatically convert into or commit you to a paid subscription. There is no automatic continuation, and no fees will become due as a result of your trial alone.

10.2   If you wish to continue using the App beyond the trial limitations, you must contact the EarthSavvy sales team to discuss and agree a paid subscription. Paid subscriptions are governed by EarthSavvy's standard SaaS Subscription Agreement, which will be provided to you at that stage and will supersede these Terms in respect of your ongoing use of the App.

11.1   Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.

11.2   Jurisdiction: Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim arising out of or in connection with these Terms.

11.3   Entire Agreement: These Terms, together with the Privacy Notice, constitute the entire agreement between you and EarthSavvy with respect to your use of the website and the Trial Account, and supersede all prior representations and understandings.

11.4   Severability: If any provision of these Terms is found to be unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. If modification is not possible, it shall be severed, and the remaining provisions shall continue in full force and effect.

11.5   Changes: We may update these Terms from time to time. For material changes, we will provide at least 14 days' notice by email before the changes take effect. Continued use of the website or App after that notice period constitutes acceptance of the revised Terms.

11.6   No Waiver: Failure by EarthSavvy to exercise any right under these Terms shall not constitute a waiver of that right.