Draft, pending solicitor review. These terms describe how the service actually operates. A solicitor should review the wording, in particular the liability clause, before it is relied on.

Terms of Service

Last updated: 3 July 2026

1. Agreement

These terms govern your organisation's use of DBIM Elostir, operated by DBIM Limited, registered in England and Wales, company number 16771428, registered office 295 Ainsworth House, Bury, BL8 2LS. By creating or using a workspace you agree to them on behalf of your organisation and confirm you have authority to bind it. If you don't agree, don't use the service.

2. The service

DBIM Elostir is a software platform for managing quality, health, safety and environmental records (audits, incidents, risk assessments, documents, training, permits and related modules). Features available to you depend on your plan and enabled modules. The software supports your management system; it does not replace your organisation's own legal duties, including those under the Health and Safety at Work etc. Act 1974, and it does not provide legal advice.

3. Your account

You're responsible for your account, the accuracy of what you enter, keeping credentials secure, and the actions of users you invite. You must use the service lawfully and not attempt to access other organisations' data.

4. Your data

You own the records you enter. We process them only to provide the service, as set out in our Privacy Policy and the Data Processing Agreement, which forms part of these terms. You can export your data at any time using the built-in CSV and PDF exports, and request deletion.

5. Fees

Plans and pricing are agreed with us directly before or during onboarding; there is no self-service plan change. Subscriptions are billed monthly by card through Stripe, plus VAT where applicable, and continue until cancelled. Either of us may cancel the subscription with effect from the end of the current billing period. If a payment fails and remains unpaid, we may suspend the workspace after notice. Fee changes take effect from your next billing period starting at least 30 days after we notify you. One-off services (such as setup and data migration) are quoted and invoiced separately.

6. Availability

We will provide the service with reasonable skill and care. We aim to keep it available and reliable, but we do not guarantee uninterrupted or error-free operation, and we exclude all other conditions, warranties and terms implied by statute or common law, to the fullest extent the law of England and Wales allows. We may carry out maintenance, aiming to schedule disruptive work outside UK business hours. Your data is backed up daily on a rolling window; you are responsible for exporting any records you need to hold outside the service.

7. Liability

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited under the law of England and Wales.

Subject to that: neither party is liable for indirect or consequential loss, loss of profits, revenue, anticipated savings or goodwill; and each party's total aggregate liability arising out of or in connection with the service is limited to the greater of £1,000 and the fees paid or payable by you for the service in the 12 months immediately before the first event giving rise to the claim. You remain responsible for your own compliance decisions: the service holds and organises your QHSE records, and liability for the underlying health, safety, environmental and quality obligations stays with your organisation. Nothing in this section limits or excludes your obligation to pay fees due under section 5.

8. Termination

Either party may end the agreement with effect from the end of the current billing period, and we may suspend or end it sooner for material breach that goes unremedied within 14 days of written notice. On termination you have 30 days to export your data, after which we delete it as described in the Data Processing Agreement.

9. Changes to these terms

We may update these terms from time to time, for example to add modules, reflect legal requirements, or incorporate solicitor amendments. We will email your workspace admins at least 30 days before updated terms take effect and revise the “Last updated” date above. If you do not accept a change, you may cancel with effect from the end of your current billing period, and the previous terms apply until then. Continuing to use the service after the effective date means the updated terms apply. Fee changes follow section 5; sub-processor changes follow the Data Processing Agreement.

10. General

These terms, the Privacy Policy and the Data Processing Agreement are the entire agreement between us about the service and replace any earlier discussions or representations (though neither of us excludes liability for fraud). No one other than the two of us has rights under the Contracts (Rights of Third Parties) Act 1999. You may not assign the agreement without our written consent; we may assign it to a successor of our business. Neither party is liable for delay or failure caused by events outside its reasonable control, except that this does not excuse paying fees already due. Notices go by email: to us at dan@dbim.co.uk, to you at your workspace admins' addresses.

11. Governing law

These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction. Contact: dan@dbim.co.uk.