Terms of Service

Last updated: 28/10/2026

These Terms of Service (“Terms”) govern your access to and use of the ECx platform and related services (the “Service”) provided by ECx (“ECx”, “we”, “us”). By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of a company, you represent that you are authorised to accept these Terms for that company. You must be at least 18 years old to use the Service.

1. The Service

ECx provides software for managing testing, adjusting, balancing and commissioning work — including building test sheets, running checklists, tracking equipment and generating reports. We may add, change, suspend or discontinue features at any time.

2. Accounts

• You must provide accurate information and keep your login credentials secure.
• You are responsible for all activity that occurs under your account and for your team members’ use of the Service.
• The person who registers a company is its owner/administrator and is responsible for managing its users.

3. Your data and content

You retain all rights to the data and content you upload (“Customer Data”). You grant us a limited licence to host, process and display that content solely to operate and provide the Service to you (for example, to generate your reports). You represent and warrant that you have the right to upload your Customer Data and that it does not infringe any law or third-party rights.

4. Acceptable use

You agree not to misuse the Service, including by attempting to breach or circumvent security, access other companies’ data, upload malicious code, or use the Service for unlawful purposes.

5. Fees

Paid plans are billed as described at sign-up or in your order. Fees (including subscription, per-user, storage and any usage-based or metered charges) are payable in full and in advance, and we may suspend or limit the Service for non-payment. You can stop future billing by cancelling, pausing or deleting your account.

5.1 No refunds. To the maximum extent permitted by applicable law, all fees and charges are non-refundable and non-creditable, in whole and in part, under all circumstances, and you are not entitled to any refund, credit, set-off, pro-ration, service credit or reduction of fees for any reason, including, without limitation: any interruption, suspension, degradation, unavailability, downtime, outage, failure, defect, bug, error, data loss, or discontinuation of the Service or any feature, in whole or in part and for any duration, including a complete and permanent outage of the entire system; any failure, outage, price change, discontinuation or act or omission of any third-party service the Service depends on (including hosting, database, storage, email, payment and AI providers); your dissatisfaction with the Service or its outputs; your failure or decision not to use the Service; or your cancellation. Fees already paid remain fully earned and non-refundable even if the Service ceases to function or is permanently discontinued at any time after payment. The existence of any statutory right that cannot lawfully be excluded is the only exception, and then only to the minimum extent that law strictly requires. See our Refund & Cancellation Policy.

6. Service availability

We work to keep the Service available and reliable, but we provide no uptime, availability or service-level commitment of any kind, and no service credits. The Service may be unavailable or fail for maintenance, updates, technical faults, capacity, third-party failures, or reasons beyond our control. We may, at any time and without notice or liability, modify, suspend, limit, interrupt, withdraw or permanently discontinue the Service or any feature, in whole or in part. You acknowledge and accept that the Service may become unavailable or stop working entirely, and that, to the maximum extent permitted by law, we will have no liability, and you will have no right to any refund, credit, compensation or damages, for any such event. Keep your own exported copies of any data you need (the Service provides an export feature for this purpose).

7. Accuracy of data, calculations and reports

The Service is a tool to help you record information and produce documents. It does not provide engineering, professional, certification or legal advice, and it is not a substitute for the professional judgement of a qualified engineer or commissioning specialist. In particular:

• You are solely responsible for the accuracy, completeness and validity of all data you enter.
• Any calculations, deviations, pass/fail indications, results and generated documents (including PDF reports) are produced automatically from the data you provide and may contain errors, omissions or inaccuracies.
• You must independently review, check and verify every report, calculation and result before relying on it, signing it off, issuing it, or submitting it to any client, consultant, contractor, authority or other third party.
• Any sign-off, approval or signature recorded in the Service reflects your organisation’s own review and responsibility, not ours.

To the maximum extent permitted by law, ECx is not responsible or liable for any errors or omissions in data entered or in generated outputs, for any report that is incorrect, incomplete or misinterpreted, or for any decision, action, certification or consequence arising from relying on the outputs without independent verification.

8. No certification or compliance guarantee

ECx is not a certifying, inspecting or regulatory body. The Service does not certify your work and does not guarantee that your projects, data, reports or results comply with any standard, code, specification or regulation (including, without limitation, NEBB, ASHRAE, or any local building, safety, environmental or legal requirement). Ensuring that your work and documentation meet all applicable standards, contractual obligations and legal requirements is your sole responsibility.

9. Third-party services

The Service runs on third-party infrastructure (such as hosting, database, storage and email providers) and may integrate with third-party services. We are not responsible for the availability, performance, security, acts or omissions of those third parties, or for any loss arising from them. Your use of a third-party service is subject to that provider’s own terms.

9.1 AI features and usage-based charges. The Service may offer optional AI-assisted features that depend on third-party AI providers. AI outputs are generated automatically and may be inaccurate, incomplete, out of date or misleading; they are not professional, engineering or legal advice and must be independently reviewed and verified before you rely on them. The availability, performance, pricing, models and terms of AI and other third-party providers are outside our control and may change, degrade or cease at any time. Any AI-related, usage-based or metered charges reflect usage that has occurred and are non-refundable. To the maximum extent permitted by law, we are not liable for any AI or third-party provider outage, error, output, cost, or change, and no such event entitles you to any refund, credit or compensation. Any pricing, cost estimate or usage figure shown in the Service is an estimate for convenience only; the provider’s own records govern actual charges.

10. Disclaimer of warranties

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service or its outputs will meet your requirements or be correct, secure, uninterrupted, or error-free. You are responsible for keeping your own copies of important data (the Service provides an export feature for this purpose).

11. Security and assumption of risk

We apply reasonable, industry-standard security measures to protect your data, including encryption in transit, access-controlled cloud storage, hashed passwords, and tenant isolation. However, no online service can be guaranteed to be completely secure. You acknowledge and accept that storing and transmitting data through any cloud-based service carries an inherent risk of unauthorised access, data breach, disclosure, loss or corruption — and that such an event, including a cyber-attack or “hack”, can occur despite reasonable precautions. You accept this risk as a condition of using the Service.

To the maximum extent permitted by law, we are not liable for any unauthorised access to, alteration of, disclosure of, or loss of data resulting from events beyond our reasonable control — including cyber-attacks, hacking, malware, third-party provider failures, or your own failure to keep your credentials secure. You are responsible for maintaining your own backups of important data. If we become aware of a security incident materially affecting your data, we will take reasonable steps to address it and, where required by applicable law, notify affected users.

12. Limitation of liability

To the maximum extent permitted by law, ECx and its owners, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data, goodwill, or any loss arising from errors in reports or outputs or from a security incident, arising out of or related to your use of (or inability to use) the Service. Our total aggregate liability for any and all claims relating to the Service will not exceed the amount you paid us for the Service in the three (3) months immediately before the event giving rise to the claim.

13. Time limit for claims

Any claim or dispute arising out of or relating to the Service or these Terms must be brought within one (1) year after the event giving rise to it; otherwise it is permanently barred, to the extent permitted by law.

14. Indemnification

You agree to indemnify, defend and hold ECx and its owners and employees harmless from any claims, damages, losses or expenses (including reasonable legal fees) arising out of your Customer Data, your use of or reliance on the Service or its outputs, or your breach of these Terms or of any law or third-party right.

15. Force majeure

We are not liable for any failure or delay in providing the Service caused by events beyond our reasonable control, including acts of God, natural disasters, fire, war, terrorism, civil unrest, government action, epidemics, labour disputes, power or internet failures, or failures of third-party providers.

16. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate accounts that violate these Terms or that pose a security, legal or payment risk. On termination, your right to use the Service ends; you may export your data before deleting your account.

17. Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date and, where appropriate, by notice in the app. Continued use of the Service after changes take effect means you accept the updated Terms.

18. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which ECx is established, without regard to conflict-of-laws rules. You agree that the competent courts of that jurisdiction will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, unless otherwise required by applicable law.

19. General

If any provision of these Terms is found unenforceable, the remaining provisions stay in full effect. These Terms are the entire agreement between you and ECx regarding the Service and supersede any prior agreements on the subject. Our failure to enforce any right or provision is not a waiver of it. You may not assign or transfer these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. We may give you notices by email or through the Service.

20. Contact

Questions about these Terms can be sent to support@ecx-commissioning.com.

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