Terms of Service, version 1.8

1. Who we are and what these Terms cover

1.1 Mendlet is operated by Mendlet Ltd, a company registered in England and Wales under company number [COMPANY NUMBER — fill in on incorporation], with its registered office at [REGISTERED OFFICE ADDRESS — fill in on incorporation] ("Mendlet", "we", "us"). You can reach us at info@mendlet.com.

1.2 These Terms are a contract between us and the organisation that creates a Mendlet company account — a property management company, letting agent, landlord, housing provider or other business ("you", the "Customer"). By creating an account, or by using Mendlet after being given access by a Customer, you agree to them. If you are accepting on behalf of an organisation, you confirm you are authorised to bind it.

1.3 Part A (sections 1 to 20 and the Schedules) applies to Customers. Part B applies to tenants and contractors who use a portal that a Customer has provided to them. Where a Customer's own agreement with its tenants or contractors is inconsistent with Part B, that agreement governs the relationship between the Customer and those people; Part B governs their use of our software.

1.4 Mendlet is a business service. It is not offered to consumers, and the Consumer Rights Act 2015 does not apply to Customers. Tenants using the tenant portal are consumers of a service their landlord or agent has chosen to provide; Part B is written with that in mind and takes nothing from them that the law says they have.

2. Definitions

3. What Mendlet is — and is not

3.1 What it is. Mendlet is software for recording, organising and communicating about property repairs, inspections and maintenance. It lets you log jobs, assign them to contractors, schedule recurring work, receive repair reports from tenants, carry two conversations about each visit (one between each tenant and your office, one between the tenant who leads the household and the contractor you instructed), send reminders and updates by email and text, and keep a record of what happened.

3.2 What it is not. Mendlet is not a managing agent, a contractor, a surveyor, an inspector, a compliance service, a legal adviser or an emergency service. In particular:

• We do not carry out, arrange, supervise, inspect, certify or warrant any repair, inspection or other work. A job marked "Completed" in the Service means that somebody marked it completed; it is not our confirmation that work was done, done properly, or done at all.
• We do not decide, and are not able to decide, whether a repair is required by law, how urgent it is, or by when it must be done. The urgency the Service suggests for a tenant's report is generated from the tenant's own answers to fixed questions. It is a triage aid for your office. It is not a professional assessment and must not be treated as one.
• We do not monitor your account for compliance, missed deadlines, unanswered reports or anything else, and we owe you no duty to do so.
• We do not provide legal, safety or technical advice. Any descriptions, checklists, defaults or examples in the Service or on our website are general information, not advice on your situation.

3.3 The Service records and relays information. What is done with that information — whether a repair is ordered, when, by whom and to what standard — is decided by you.

3.4 Address search, maps and route planning. Address search and maps in the Service are provided by Google: in the office application, and in the contractor portal, where a contractor can see a job’s map, plan their day’s route on a map and get address suggestions when they save a place (such as their home or yard). By using them you agree to be bound by the Google Maps/Google Earth Additional Terms of Service, and Google’s handling of what reaches it is described in the Google Privacy Policy. What the Service sends to Google is the address your office types or confirms; when a contractor plans their day, the locations, lengths and appointment times of that day’s jobs and the place they start from; and what a contractor types when saving a place. It never sends a tenant’s name, phone number or email address, or anything from a repair report. You can switch route planning, or maps altogether, off for your company; with maps off, the Service sends none of your company’s jobs to Google, whether for route planning or to show them on the map on a contractor’s phone. With only route planning off, none of your jobs is planned or sent to the route planner, but they can still be shown on the map in My Day, and to place them there the contractor’s phone sends their addresses to Google. “Directions” in the Service is a link: it opens Google Maps on the device of the person who presses it, and the Service does not track the journey.

3.5 Asking a landlord to approve a job. The Service lets your office send a landlord a link to a page that shows one job and lets them approve or decline it, with a note. The page needs no account or password, works for 14 days unless the request ends sooner, and takes one answer, which is kept on the job. You choose what the page shows (the job’s description, what the tenant reported, the job’s photographs, a price) and add your own words; it always shows the job’s title and address. The page is not a copy of the job made when you send the request: the job’s title and address, and its description, what the tenant reported and its photographs where you include them, are shown as they are when the page is opened, while your words and the price are shown as you sent them. It never shows who reported the repair — never a tenant’s name, phone number or email address — but if you include what the tenant reported, it shows the description of the fault in the words the tenant gave (in English, where they wrote in another language). What the tenant reported is shown only if you tick it, and the box starts unticked; when you tick it, the Service shows you exactly the words the landlord will see, so that you read them before you send the request. If you include a price, the landlord is asked to approve the price your office enters on the request, not a figure read from a quote, and the page says whether VAT is included, added on top or not charged; your note can say what the price covers (for example labour and parts). A request ends when the landlord answers it, when you withdraw it, after 14 days, or when the job is cancelled or the job or its property is put in the Trash. Once a request has been withdrawn, has run out or has ended with its job, its link shows nothing of the job; once it has been answered, the link shows the landlord their answer and the request, but no longer the photographs, for 30 days after the answer, and after that only whether they approved or declined and when, and nothing of the job. While your company’s account is switched off, or paused because it has not been paid for, its landlord links show nothing of the job and take no answer, and no reminder is sent; they work again if the account comes back, and the 14 days keep running meanwhile. You are responsible for the landlord’s name and email address being right, for being entitled to show them what you choose to show, and for what you do with their answer. An answer recorded in the Service does not by itself make or change any agreement between you and the landlord.

4. Your account and the people you invite

4.1 You must give accurate details when you sign up and keep them up to date, and you must confirm the email address you register with before the Service will send messages on your behalf.

4.2 You are responsible for everyone who uses the Service under your account — your staff, the contractors you add, the tenants you invite — and for everything done through their access. That includes keeping sign-in details secret, removing people who should no longer have access, and telling us promptly at info@mendlet.com if you believe an account has been compromised.

4.3 You are responsible for the accuracy of Customer Data. Addresses, contact details, dates, phone numbers and email addresses drive everything the Service does; a reminder sent to a wrong address or a job booked at a wrong property is the result of the data, not of the Service.

4.4 Roles in the Service (owner, manager, viewer) are provided to help you manage access. Setting them correctly is your responsibility.

5. Your legal duties stay yours

5.1 Nothing in the Service transfers, reduces or shares any duty you owe under Applicable Housing Law or under any tenancy agreement, management agreement or contract with a landlord or a contractor. You remain solely responsible for meeting every one of those duties, including as to what work is done, when, by whom, and to what standard.

5.2 You must keep your own records of compliance — gas safety records, electrical installation condition reports, alarm checks, inspection reports, correspondence with tenants — in a form that does not depend on the Service being available. The Service can hold copies and help you find them, but it is not a substitute for records you control and can produce on demand. We recommend exporting your data regularly.

5.3 Where the law sets a time limit for responding to a hazard, investigating a complaint or completing a repair, it is your responsibility to know that limit, to track it and to meet it. The Service does not know which limits apply to which property or tenant, and does not undertake to track them for you.

5.4 You are responsible for telling your tenants how to reach you in an emergency and what to do if they cannot. The Service lets you display emergency numbers to tenants and prompts you to set them, but the numbers, and answering them, are yours.

6. Reminders, notifications and deadlines

6.1 The Service sends email and text messages — appointment reminders, digests, updates, sign-in codes — on your behalf and at your instruction. We will make reasonable efforts to send them when they are due.

6.2 We do not guarantee that any message is sent, delivered, delivered on time, or read. Delivery depends on Third-Party Services, on the recipient's provider and device, on the correctness of the address or number you entered, on your Plan's allowances not being exhausted, on your account being in good standing, and on the recipient not having blocked or unsubscribed. Any of these can stop a message without the Service being at fault. A read mark against a message in the Service (one tick sent, two ticks read) records that the message was opened on the screen of the person it was written to; it is not confirmation that it was read by the person you meant, understood, or acted on. Tenants and contractors see the marks on their own messages; your office sees when each message was first opened.

6.3 A reminder is a convenience. It is not confirmation that a deadline exists, that it has been met, or that it has not been met. You must not rely on the Service as your only means of tracking any legal, contractual or safety deadline.

6.4 Scheduled work in the Service (recurring visits, digests, reminders) runs on a timetable that is approximate. The Service is designed so that delayed work is done late rather than not at all, but a delay of minutes or hours is normal operation, not a defect.

6.5 Text messages cost money and are subject to the allowances of your Plan. Where your allowance is used up, the Service may stop sending text messages until it is topped up, and will tell you so in the Service.

7. Contractors

7.1 Contractors in the Service are people and businesses you have chosen to add. We have no relationship with them, do not vet, approve, licence, insure or supervise them, and are not a party to any agreement between you and them or between them and your landlords or tenants.

7.2 You are responsible for satisfying yourself that each contractor is competent, qualified and insured for the work you give them — including, where the law requires it, registration with Gas Safe, membership of a competent-person scheme for electrical work, or equivalent — and for checking any certificate or report they produce.

7.3 Anything a contractor records in the Service — a status, a time, a note, a photograph, or a button they press at the door (on my way, arrived, running late, could not get in, with the reason they give) — is their statement, not ours, and we do not verify it. The Service keeps each one on the job’s history with the time it was recorded.

7.4 You are responsible for paying your contractors. The Service does not handle payments between you and them.

8. Tenants and the tenant portal

8.1 The tenant portal is a way for tenants of properties you manage to report repairs to you and follow what you do about them. When a tenant uses it, they are communicating with you. We provide the channel; you are the recipient and you are responsible for reading, assessing and acting on what arrives.

8.2 The portal asks a tenant fixed questions about a problem and suggests an urgency from the answers. That suggestion is generated automatically, without human judgement, from what the tenant chose to say. It is provided to help your office decide what to look at first. It is not a safety assessment, it is not our opinion, and it may be wrong in either direction. You must apply your own judgement to every report. For some problems the portal shows the tenant general first steps to try before a report is written. For most of them the tenant can then say the problem is fixed without reporting it, and the Service records only counts (how many, and of which kind), not a report; for damp and mould the report always follows the steps. The steps are general information within 3.2, are never shown for a problem the portal treats as dangerous, and can be switched off in Settings. A tenant’s decision not to report is theirs.

8.3 The portal is not an emergency service and is not monitored by us. You must make sure your tenants know how to report an emergency to you directly and when to call the emergency services or a utility's emergency line, and the portal displays whatever emergency information you provide for that purpose.

8.4 You are responsible for inviting the right tenants to the right properties, for removing access when a tenancy ends, and for the lawfulness of the information you hold about them.

9. Fees, trials and payment

9.1 The fees for the Service, and the allowances included in each Plan, are those shown in the Service or agreed with you in writing. Where we are registered for VAT, fees are shown including VAT at the applicable rate, and our VAT number appears on your invoices; where we are not, no VAT is charged.

9.2 Where we offer a free trial, it is for evaluation. We may limit what a trial account can do, and we may close trial accounts that are inactive or that we reasonably believe are not being used to evaluate the Service.

9.3 Subscriptions are billed in advance for each billing period. Your subscription renews automatically at the end of each month or year, depending on the period you chose, until you cancel it on the Billing page in the Service; cancelling stops the next renewal, nothing more is charged, and you keep access until the end of the period you have already paid for. Text messages beyond your Plan’s allowance are sold only as prepaid packs, bought in the Service before they are used; when the allowance and any packs are used up, the Service sends email instead until the next period or until you buy a pack. Nothing is charged in arrears.

9.4 If a payment is not made when due, we may, after notice, suspend your access until it is. Suspension does not end this agreement or your obligation to pay for the period.

9.5 We may change fees or allowances by giving you at least 30 days' notice by email or in the Service. Changes take effect from your next billing period after the notice. If you do not accept a change you may end this agreement before it takes effect.

9.6 Fees paid are not refundable except where these Terms or the law say otherwise.

10. Your data

10.1 Customer Data belongs to you. You grant us the licence we need to host, process, transmit, display and back it up in order to provide the Service, and for no other purpose.

10.2 For personal data within Customer Data — about tenants, contractors, landlords and your staff — you are the controller and we are your processor. Schedule 1 sets out the data processing terms that apply. For personal data about you as our customer, and about visitors to our website, we are the controller, and our Privacy Notice explains what we do.

10.3 You are responsible for having a lawful basis to collect and use the personal data you put into the Service, for giving the people concerned any information the law requires, and for responding to their requests. We will help you do that as Schedule 1 describes.

10.4 You can close your account from within the Service, in Settings. Closing sets a date 30 days ahead: until that date the account works normally so that you can export your data and change your mind, and on that date we destroy Customer Data as described below. You can export your data from the Service at any time while your account is open — as a spreadsheet with a sheet for each kind of record, or as a single complete file, covering properties, landlords, tenancies, jobs and their history, recurring visits, contractors, tenant reports, messages, inspections, your settings and the activity log; photographs remain in the Service and are listed in the export by reference. Do this before you close your account. Within 30 days after termination we will delete Customer Data from the live Service, and from backups as they cycle out, except where we are required by law to keep it or where it has been anonymised. If you ask us to keep it — for a deposit dispute, an insurance claim or a handover — or a claim or legal obligation requires it, we may place a hold on the account. Nothing is destroyed while the hold is in place, and the account screen says so. If you had asked to close the account, lifting the hold never leaves less than 7 days before the deletion date: a date that has passed, or is fewer than 7 days away, becomes 7 days after the day the hold is lifted, and a later date stands. The date is shown on the account screen, and we email it to every office user of the account at least 7 days before it. For any other account, lifting a hold starts the periods in 10.5 again from that day.

10.5 If you simply stop. Closing your account is one thing and walking away from it is another, and they have different timetables. If a paid subscription ends and is not replaced, we keep Customer Data for 90 days from the point the account becomes inactive, and then destroy it. If a free trial is never converted to a paid plan and nothing is ever bought — including a trial that added a card but was never charged — we keep Customer Data for 30 days from the same point. In both cases we email the account’s owner before anything is destroyed — at the start of the period and again as the date approaches — and paying for a plan at any time before that date stops the clock and keeps everything. Accounts we have arranged not to charge are not destroyed on this basis. The export in clause 10.4 is available throughout, and we do not begin destroying anything until a warning has actually been accepted for delivery by our email provider.

10.6 We use sub-processors to run the Service. They are listed in Schedule 1 and in the Privacy Notice, and we will give you notice of changes.

10.7 Job reports. A job report you download from the Service can include every message about the visit — between the tenant, the contractor and your office — with who sent each one and when; you can leave the messages out each time you make a report. A report is yours: you are responsible for whom you send it to and for being entitled to share what is in it.

11. Acceptable use

11.1 You must use the Service only for managing property repairs and maintenance for properties you have the right to manage, and in accordance with Schedule 2.

11.2 You must not use the Service to send unsolicited marketing, to harass anyone, to store or transmit unlawful material, to try to gain access to another customer's data, to interfere with the Service or its infrastructure, to resell it, or to build a competing product from it.

11.3 We may suspend access, remove content or terminate this agreement immediately if we reasonably believe Schedule 2 has been breached.

12. Availability, support and changes

12.1 We aim to keep the Service available at all times and will make reasonable efforts to do so, but we do not promise any particular level of availability, response time or uptime unless we have agreed one with you in a separate written service level agreement. The Service depends on Third-Party Services and on the public internet, neither of which we control.

12.2 We may take the Service down for maintenance. Where we can, we will do so outside UK business hours and tell you in advance.

12.3 Support is provided by email at info@mendlet.com during UK business hours. We will respond as quickly as we reasonably can.

12.4 We improve the Service continually and may add, change or remove features. We will not remove a core capability — recording jobs, assigning contractors, receiving tenant reports, exporting your data — without at least 30 days' notice.

12.5 We keep backups for disaster recovery. Backups are ours, for restoring the Service as a whole; they are not a per-customer archive and cannot be used to undo individual actions you or your Users take.

13. Intellectual property

13.1 The Service, its software, design, text, brand and documentation are owned by us or our licensors and are protected by law. You get a non-exclusive, non-transferable right to use the Service for the term of this agreement in accordance with it. Nothing transfers ownership of any of it to you.

13.2 You may use the Mendlet name and mark only as the Service itself displays them (for example the "Powered by Mendlet" line on your tenant portal). You must not remove or obscure it.

13.3 If you send us suggestions or feedback, we may use them without obligation to you.

14. Confidentiality

14.1 Each of us will keep the other's confidential information — information that is marked confidential or that a reasonable person would understand to be confidential — secret, use it only for the purposes of this agreement, and disclose it only to people who need it and are bound to keep it confidential. Customer Data is your confidential information.

14.2 This does not apply to information that is public through no fault of the recipient, that the recipient already lawfully had, or that must be disclosed by law or a court, in which case the recipient will, where lawful, tell the other party first.

15. Warranties and disclaimers

15.1 We warrant that we will provide the Service with reasonable care and skill and substantially as described in the Service. If we breach this warranty, your remedy is for us to correct the problem within a reasonable time or, if we cannot, to refund the fees you paid for the affected period. This is your only remedy for that breach.

15.2 Except as set out in 15.1, the Service is provided as is and as available. To the fullest extent the law allows, we exclude every other warranty, condition and term, express or implied, including any that the Service will be uninterrupted, error-free or secure; that it will meet your requirements; that it will achieve any particular result; or that using it will bring you into, or keep you in, compliance with Applicable Housing Law or any other law.

15.3 Information in the Service that originates from Third-Party Services — addresses, map positions, delivery reports — is provided as we receive it and we do not warrant its accuracy.

16. Limitation of liability

16.1 What we never exclude. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that the law does not allow us to limit or exclude.

16.2 What we are not liable for. Subject to 16.1, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, for any of the following, however caused and even if foreseeable:

• loss of profit, revenue, business, contracts, rent or anticipated savings;
• loss of, damage to or corruption of data, except to the extent caused by our breach of Schedule 1;
• loss of goodwill or reputation;
• any fine, penalty, rent repayment order, compensation award, sanction or other sum imposed on you by a court, tribunal, ombudsman, regulator, local authority or other body;
• any claim made against you by a tenant, landlord, contractor or other third party, including any claim arising from a repair or inspection that was delayed, missed, not ordered, done badly or not done, or from a hazard that was not addressed;
• any loss arising from a message not being sent, not being delivered, being delivered late, or being sent to the wrong recipient because of details you or your Users entered;
• any loss arising from the acts or omissions of a contractor, tenant, landlord or other User, or of a Third-Party Service;
• any loss arising from your reliance on a suggested urgency, reminder, default, checklist or other output of the Service in place of your own judgement or a professional's; or
• any indirect, special or consequential loss.

16.3 The cap. Subject to 16.1 and 16.2, our total liability to you arising out of or in connection with this agreement, in any twelve-month period, will not exceed the total fees you paid us for the Service in the twelve months immediately before the event giving rise to the claim, or £100 if that is greater.

16.4 You acknowledge that the fees reflect this allocation of risk, that the Service is one tool among several you use to run your business, and that you remain responsible for the decisions the Service helps you record.

16.5 Each of the exclusions and limits in this section is separate. If any is found to be unenforceable, the others still apply.

17. Your indemnity to us

You will indemnify us and keep us indemnified against every loss, liability, cost and expense (including reasonable legal fees) we incur as a result of any claim, complaint or action by a third party — including a tenant, landlord, contractor, regulator or local authority — arising out of or in connection with: your or your Users' use of the Service; Customer Data; your breach of these Terms; or your breach of Applicable Housing Law or any other law, except to the extent the claim is caused by our breach of this agreement.

18. Term, suspension and termination

18.1 This agreement starts when you create an account and continues until it is ended under this section.

18.2 You may end it at any time from within the Service or by emailing us. Ending it does not entitle you to a refund of fees already paid for the current period, unless section 9.5 or 12.4 applies.

18.3 We may end it on 30 days' notice for any reason. We may suspend or end it immediately if you materially breach these Terms and (where the breach can be fixed) do not fix it within 14 days of our telling you; if you breach Schedule 2; if fees remain unpaid 14 days after we have told you they are overdue; or if you become insolvent.

18.4 On termination your right to use the Service ends, and section 10.4 applies to your data. Sections that by their nature should survive — including 5, 10.4, 13, 14, 16, 17 and 20 — survive.

19. Changes to these Terms

We may change these Terms. If a change is material we will give you at least 30 days' notice by email or in the Service, and the change will apply from the end of that notice. If you do not accept a material change you may end this agreement before it takes effect, and we will refund any fees you have paid for the period after the date you end it. Continuing to use the Service after a change takes effect means you accept it. The current version is always at mendlet.com/terms, and earlier versions stay published: version 1.7 is at mendlet.com/terms-1-7, version 1.6 is at mendlet.com/terms-1-6, version 1.5 is at mendlet.com/terms-1-5, version 1.4 is at mendlet.com/terms-1-4, version 1.3 is at mendlet.com/terms-1-3, version 1.2 is at mendlet.com/terms-1-2, version 1.1 is at mendlet.com/terms-1-1 and version 1.0 is at mendlet.com/terms-1-0.

20. General

20.1 Entire agreement. These Terms, the Schedules and the Privacy Notice are the whole agreement between us about the Service, and replace anything said or written before. Neither of us relies on any statement not set out in them.

20.2 Assignment. You may not transfer this agreement without our written consent. We may transfer it to a successor to our business on notice to you.

20.3 Events beyond our control. We are not liable for any failure or delay caused by something beyond our reasonable control, including failure of a Third-Party Service, of the internet, or of power or telecommunications, and including strikes, epidemics, government action and acts of God.

20.4 Notices. Notices to us go to info@mendlet.com. Notices to you go to the email address of your account's owner, and are treated as received the next working day.

20.5 Severability. If any part of these Terms is found invalid or unenforceable, the rest continues in full, and the invalid part is treated as replaced by a valid one that comes as close as possible to its intent.

20.6 Waiver. Neither of us waives a right by failing to exercise it or by delay.

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

20.8 Relationship. We are independent contractors. Nothing here makes either of us the agent, partner or employee of the other.

20.9 Law and courts. These Terms and any dispute arising from them, including non-contractual disputes, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Part B — Terms for tenants and contractors using a portal

B.1 Who this is for. If you are a tenant using the tenant portal, or a contractor using the contractor portal, your landlord, property manager or letting agent, or the business that gave you a job (the "Customer") has chosen to use Mendlet and has given you access. This Part explains what Mendlet is and how it may be used. It does not change your tenancy agreement or your contract with the Customer, and it does not charge you anything.

B.2 Who you are talking to. When you report a repair, send a message, update a job or upload a photograph or document, you are communicating with the Customer, not with Mendlet. We provide the software; the Customer reads and acts on what you send. Mendlet does not carry out repairs, decide what is repaired, or supervise anyone who does.

B.3 Conversations about a visit. A visit to an occupied home has two conversations. Tenant and office: each tenant can message the Customer’s office about the visit; the contractor never sees it. Tenant and contractor: the tenant who leads the household and the contractor instructed to visit can message each other while the visit is that contractor’s; a contractor sees only their own conversation, and it closes when the visit is finished, cancelled or given to someone else. The Customer’s office can read both conversations and can hide a message in either, giving a reason; it keeps a record of what it hid and why. Contractors and the office can attach a document as a PDF file; tenants can send photographs and videos, not documents. A PDF is checked before it is accepted and is only ever downloaded, never opened inside Mendlet. One tick against your message means it was sent; two mean the person you wrote to has opened it, not that anything has been done about it. You see the ticks on your own messages; the office also sees when each message was first opened.

B.4 What a contractor is given. A contractor sent to an occupied home sees, on the job, the name of the tenant who leads the household and that tenant’s phone number, so they can call about access; the email that gives them the job carries the same. They are not given any other occupant’s number, and if the lead tenant has no number on record they are given none. Where the Customer has recorded no tenancy at a property, the contractor sees instead the contact name and number the Customer entered for it. Once the visit is finished or cancelled, the name and number are no longer shown to them. They are not given anyone’s email address. They also see what was reported — the description and the photographs sent with it. A contractor the Customer asks for a price before the job is given to anyone sees the address, what was reported and its photographs, but nobody’s name or phone number. So that a contractor can work where there is no signal, the contractor portal keeps a copy of their own open jobs on their device, including that name and number, for up to 14 days. The copy opens only with the same sign-in or job link, and it is removed when the job is finished or cancelled and when they sign out.

B.5 Emergencies. The portal is not an emergency service and is not monitored around the clock by anyone. If there is a danger to life, a fire, a gas smell, a serious leak into electrics or a flood, call 999 or the relevant emergency line first (for gas, the National Gas Emergency Service on 0800 111 999, or 0800 002 001 in Northern Ireland), then contact the Customer by the emergency route they have given you. The tenant portal shows the emergency numbers your landlord or agent has provided; those are theirs to keep correct.

B.6 The urgency shown to tenants. When you report a problem, the portal may say it has been recorded as routine, urgent or an emergency. That label is produced automatically from the options you picked. It is there to help the office sort its work. It is not a promise about how quickly anything will happen, and it is not advice about your safety.

B.7 Your account. Tenants sign in with a code sent by email; contractors sign in with an email address and password, or through a link the Customer sends. Keep your sign-in details to yourself, and tell the Customer if you think somebody else has used them. If you use the contractor portal on a device other people use, sign out when you finish: that also removes the copies of your jobs kept for working without signal (B.4) and everything My Day kept on the device (B.12). The Customer controls who has access and can remove it; if you can no longer sign in, contact them.

B.8 What you may do. Use the portal only for the property, tenancy or jobs it was given to you for. Do not upload anything unlawful, abusive, or that you do not have the right to share (for example photographs of other people without their agreement). Do not try to access anyone else's information or interfere with the software.

B.9 Your information. The Customer is the data controller for the information you enter, and their privacy notice applies to it. Mendlet processes it on their behalf; our Privacy Notice explains how. To exercise your rights over your information, contact the Customer; if you contact us instead, we will pass your request to them and help them answer it.

B.10 Our responsibility to you. We provide the portal with reasonable care and skill. We are not responsible for what the Customer, a landlord or a contractor does or does not do in response to what you send. Nothing in this Part limits any right you have under the law as a consumer, or our liability for death or personal injury caused by our negligence, or for fraud.

B.11 Maps and directions. Where the contractor portal shows a map — of a job’s address, or of your day’s jobs and route — the map is Google’s and your browser loads it from Google, which sees your device’s internet address as it does for any page it serves; the Google Privacy Policy applies to that. When you type the address of a place to save, your browser asks Google for suggestions with what you type. “Directions” opens Google Maps on your own device, under Google’s terms; Mendlet sends Google nothing about you. The tenant portal loads nothing from Google.

B.12 My Day, for contractors. My Day plans the order of your visits when you press Plan my day: the locations, lengths and appointment times of that day’s jobs and the place you start from go to Google to work out the route, and nothing else about you does. The jobs of a company that has switched maps off are never sent to Google for planning, nor by the map on your phone. The jobs of a company that has switched only day planning off are not planned or sent to the route planner, but they can still be shown on the map, and your phone sends their addresses to Google to place them there. The places you save, your hours and your own estimates are kept on your device, not by Mendlet, and the Customer does not see them or your route. So that it need not ask Google again, your phone keeps the position its map found for each address for up to 30 days, as Google’s terms allow. The copy of your day kept for use without signal opens only for the sign-in that kept it, and only for 36 hours after it was kept. Signing out, or the Customer ending your sign-in, removes everything My Day kept on your device: the day’s copy, the positions its map found, your saved places, your usual start and finish, your hours and your estimates. When your 12-hour sign-in simply runs out, your saved places, your usual start and finish, your hours, your estimates and your choice of list or map stay on your device for you, and what My Day kept about jobs — the day’s copy, its order and the positions its map found — goes. If someone else then signs in on that device, they are removed first. When you press On my way, Arrived, Running late or I cannot get in, or save a note or photographs from Done here, it is recorded on the job’s history with the time, in your name, and the tenant or the Customer’s office is told as the button says. The Customer can include those records, and the messages about a visit, in a job report.

Schedule 1 — Data processing terms

These terms apply where we process personal data within Customer Data as your processor, and are intended to meet Article 28 of the UK GDPR.

S1.1 Subject matter and duration. Processing of personal data about tenants, occupiers, landlords, contractors and your staff, for the purpose of providing the Service to you, for the term of the agreement and the deletion period in section 10.4.

S1.2 Nature and purpose. Storage, organisation, display, transmission (email and text), backup and deletion of the data, so that you can manage repairs, inspections, contractors and tenant communication.

S1.3 Types of data and data subjects. Names, contact details, addresses, tenancy and property information, repair reports and messages, including the two conversations about a visit (with the time a message was first opened by the person it was sent to, and a location a person chooses to attach to one), photographs, videos and documents (PDF files, from contractors and your office), contractor details and qualifications you record, and the records the Service creates about them. Data subjects: tenants and occupiers, landlords, contractors and their staff, and your staff.

S1.4 Our obligations. We will: (a) process personal data only on your documented instructions, which are these Terms and your use of the Service, unless the law requires otherwise, in which case we will tell you first where we lawfully can; (b) ensure people processing the data are bound by confidentiality; (c) take appropriate technical and organisational measures to protect it, including encryption in transit, isolation of each Customer's data, access controls, and rate-limited authentication; (d) engage sub-processors only under S1.6; (e) help you respond to data subjects’ requests: the Service lets you export everything you hold, and lets you erase one tenant’s personal details in a single action while keeping the property’s repair history, and beyond that we will help where reasonably possible; (f) help you meet your obligations on security, breach notification, impact assessments and consultation, taking into account the nature of the processing and the information available to us; (g) tell you without undue delay after becoming aware of a personal data breach affecting your data; (h) at the end of the agreement, delete the data as section 10.4 describes, and let you export it beforehand; (i) make available the information reasonably necessary to demonstrate compliance with this Schedule, and allow audits by you or an auditor you appoint, on reasonable notice, no more than once a year unless required by a regulator, at your cost and subject to confidentiality; (j) tell you promptly if, in our opinion, an instruction you give infringes data protection law.

S1.5 Your obligations. You warrant that you have a lawful basis for the processing you instruct, have given data subjects the information the law requires, and that your instructions comply with data protection law. You are responsible for the accuracy of the data and for what your Users do with it.

S1.6 Sub-processors. You authorise us to use the following sub-processors, and any successor providing equivalent services: Cloudflare, Inc. (hosting, database, file storage, key-value storage, network); Cloudflare Workers AI (Cloudflare, Inc. — translating text inside the contractor and tenant portals, where somebody has chosen a language other than English; it runs on the same Cloudflare account as the rest of the Service); ActiveCampaign / Postmark (transactional email; United States); Twilio Inc. (text messages, where you enable them; United States and EU); Stripe Payments Europe, Ltd. (taking subscription payments from you and holding the billing records that go with them — this concerns whoever pays for your account, never a tenant or a contractor; Ireland, with onward transfer to Stripe, Inc. in the United States); and Google LLC (address search and maps in the office application and the contractor portal, and planning a contractor’s day when they ask; United States — see S1.6.1). We will give you at least 30 days’ notice before adding or replacing a sub-processor, by updating the Privacy Notice and notifying you in the Service or by email. We impose on each sub-processor, by written contract, data protection obligations that give at least the protection of this Schedule, and we remain responsible to you for their performance. If you reasonably object on data protection grounds and we cannot resolve it, you may end the agreement. Where a User turns notifications on, they are relayed by the push service of that User’s own browser (for example Google, Apple, Mozilla or Microsoft) in a form encrypted to the device, which the relay cannot read; it is chosen by the browser, we have no contract with it, and it is not a sub-processor.

S1.6.1 Where an address goes, and who asks. Address search and maps are provided by Google, under the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy. What goes to Google is the address an office User types into the address box, and nothing else: no tenant’s name, phone number or email address, no tenancy, and nothing from a repair report. The suggestions as the User types, and the small map that asks “is this the right building?”, are requested from Google by that User’s browser, so their internet address reaches Google too. If an address is saved without picking a suggestion, our servers ask Google once, with our own key, to find the building for that address and postcode. What the Service keeps with a property is the address as your office confirmed it and Google’s reference for the place, never Google’s coordinates. If an office User moves the pin by hand, the position they chose is stored as your office’s own mark. A contractor who opens a job’s map or their day’s map loads it from Google in their own browser, and “Directions” opens Google Maps on the device of the person who presses it. When a contractor presses Plan my day, our servers send Google the locations, lengths and appointment times of that day’s jobs and the place the contractor chose to start from, and keep none of the route Google works out. Where a job’s property has neither your pin nor Google’s reference, the route planner looks its address up with Google and keeps Google’s reference and position for that address for 30 days, as Google’s terms allow, in its own store and not on the property; the map on the contractor’s phone is given that position, and keeps any position it finds itself on the phone, also for up to 30 days. When a contractor types the address of a place to save, their browser asks Google for suggestions with what they type, and the place is kept on their device only. There is no per-customer key and no arrangement of yours with Google. An address can always be entered by hand instead (“Enter manually”); one entered that way is not sent to Google unless an office User chooses to place a pin for it, when its town and postcode are looked up to centre the map.

S1.7 International transfers. Our sub-processors operate global infrastructure. Where personal data is transferred outside the UK, we ensure an appropriate safeguard is in place — an adequacy regulation, the UK International Data Transfer Agreement or Addendum, or another mechanism recognised under UK GDPR — and we will tell you about the mechanism on request.

S1.8 Liability. Each party's liability under this Schedule is subject to section 16, except that nothing limits a party's liability for a fine or penalty imposed on the other by a supervisory authority to the extent caused by that party's breach of data protection law.

Schedule 2 — Acceptable use

You and your Users must not, and must not attempt to:

• use the Service for any property you do not have the right to manage, or for any purpose other than managing property repairs, inspections and maintenance;
• send messages through the Service that are unsolicited marketing, or that are threatening, abusive, defamatory or unlawful;
• upload material that is unlawful, infringes anyone's rights, or contains malicious code;
• access, or try to access, data belonging to another Customer, or any part of the Service you have not been given access to;
• probe, scan, test the vulnerability of, or circumvent any security or rate-limiting measure of the Service;
• use automated means to access the Service other than through interfaces we document for that purpose;
• impose an unreasonable load on the Service or its infrastructure;
• copy, modify, reverse-engineer, decompile or create derivative works of the Service, except where the law allows despite this clause;
• resell, sublicense, rent or otherwise make the Service available to third parties, other than to your own Users;
• remove or alter any notice, brand or attribution in the Service; or
• use the Service in breach of any law.

We may investigate suspected breaches and take any action we consider appropriate, including removing content, suspending or terminating access, and reporting unlawful activity to the authorities.

Mendlet Ltd · [COMPANY NUMBER — fill in on incorporation] · [REGISTERED OFFICE ADDRESS — fill in on incorporation] · info@mendlet.com · Data protection enquiries: info@mendlet.com