Terms of Service
These Terms of Service form a binding agreement between Besmove Ltd and the organisation that subscribes to The Property AI. Please read them carefully. If you are agreeing to these terms on behalf of a company, firm or other organisation, you confirm you have authority to bind that organisation.
1. Definitions
- "We", "us", "our", "Besmove"
- Besmove Ltd, company number 08361274.
- "Customer", "you", "your"
- The organisation that subscribes to the Service, including letting agents, property managers, inventory clerks and landlords.
- "Service"
- The Property AI platform, including the web application, mobile applications, APIs, integrations and any reports or output generated by them.
- "Authorised User"
- An individual you permit to access the Service under your account, such as an employee, contractor or clerk.
- "Customer Data"
- All data you or your Authorised Users upload to, or generate within, the Service — including property photographs, inventory and inspection reports, tenancy records, and the personal data of landlords, tenants, contractors and other individuals.
- "Data Subject"
- An identified or identifiable living individual whose personal data forms part of Customer Data — typically a tenant, landlord, guarantor or contractor.
- "Data Protection Law"
- The UK GDPR, the Data Protection Act 2018, and any other applicable data protection or privacy legislation, in each case as amended or replaced.
2. The Service
The Service allows you to capture property condition evidence, generate inventory, check-in, check-out, interim inspection and maintenance reports using artificial intelligence, and manage the records associated with them.
We grant you a non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes for the duration of your subscription, subject to these terms.
We may modify, improve or discontinue features of the Service. Where a change materially reduces core functionality you rely on, we will give you reasonable prior notice.
3. Accounts and access
You are responsible for all activity that occurs under your account. You must:
- provide accurate registration information and keep it current;
- keep credentials confidential and not share logins between individuals;
- ensure each Authorised User complies with these terms;
- promptly remove access for anyone who leaves your organisation; and
- notify us without undue delay at [email protected] if you suspect unauthorised access.
You are liable for the acts and omissions of your Authorised Users as if they were your own.
4. Subscription, fees and renewal
Subscriptions are offered on the plans and at the prices set out on our website or in your order form. Unless stated otherwise:
- fees are quoted in pounds sterling and are exclusive of VAT, which will be added where applicable;
- subscriptions renew automatically for successive periods equal to the initial term unless cancelled before the renewal date;
- you may cancel at any time with effect from the end of the current billing period, and cancellation does not entitle you to a refund of fees already paid for that period;
- we may change prices on at least 30 days' notice, taking effect at your next renewal; and
- if payment fails, we may suspend access after giving you notice and a reasonable opportunity to correct it.
Where a free trial is offered, it is provided as-is and we may withdraw or change trial terms at any time.
5. Customer Data and your responsibilities
As between you and us, you own Customer Data. We claim no ownership over it.
You are responsible for managing Customer Data and for the lawfulness of its collection and use. In particular, you are responsible for:
- determining what data is collected, why, and how long it is kept;
- establishing and documenting a valid lawful basis under Data Protection Law for every use of personal data you put into the Service;
- obtaining any consent required from Data Subjects — including tenants, landlords, guarantors and contractors — before you collect, upload or process their personal data through the Service, and keeping records of that consent;
- providing Data Subjects with the privacy information they are entitled to receive, including the fact that a third-party platform and automated analysis are used to produce reports;
- responding to requests from Data Subjects to exercise their rights;
- ensuring photographs and other evidence you capture do not include personal data you have no basis to collect; and
- the accuracy, quality and legality of Customer Data.
Consent is your obligation, not ours. We provide the platform; you decide whose data goes into it and on what basis. We do not contact Data Subjects, do not obtain consent on your behalf, and cannot verify that you have obtained it. If you are unsure whether you have a lawful basis to process a particular individual's data, take your own advice before uploading it.
You must not upload special category personal data (such as health, biometric or racial or ethnic origin data) or criminal offence data to the Service unless you have a lawful basis and an appropriate policy document in place, and you have told us in advance.
6. Data protection
6.1 Roles
For personal data contained in Customer Data, you are the data controller and we are a data processor. We process personal data only on your documented instructions, which these terms and your use of the Service constitute, unless we are required to do otherwise by law.
Where we process personal data about your Authorised Users for our own account administration, billing, security and service-improvement purposes, we act as a controller for that limited processing. Our Privacy Policy explains that processing.
6.2 Our obligations as processor
We will:
- process personal data only for the purpose of providing the Service;
- ensure personnel authorised to process personal data are bound by confidentiality;
- implement appropriate technical and organisational measures to protect personal data, taking account of the state of the art and the risks involved;
- notify you without undue delay after becoming aware of a personal data breach affecting Customer Data, with the information reasonably available to us;
- assist you, so far as reasonably practicable and at your cost where the assistance is substantial, with data subject requests, data protection impact assessments and consultations with the Information Commissioner's Office;
- make available information reasonably necessary to demonstrate compliance with this section; and
- on termination, delete or return Customer Data in accordance with section 16.
6.3 Sub-processors and transfers
You authorise us to engage sub-processors to provide the Service, including hosting, communications, email delivery and AI analysis providers. We remain responsible for their performance. We maintain a current list of sub-processors in our Privacy Policy and will give notice of material changes so you can object on reasonable data protection grounds.
Where personal data is transferred outside the UK, we will ensure an appropriate safeguard is in place, such as UK adequacy regulations or the International Data Transfer Addendum.
6.4 Precedence
This section is intended to satisfy Article 28 of the UK GDPR. If we enter into a separate data processing agreement with you, that agreement prevails over this section to the extent of any conflict.
7. AI-generated output
The Service uses artificial intelligence to analyse photographs and generate draft reports, condition descriptions and suggested findings.
AI output is a draft, not a professional judgement. Automated analysis can misidentify items, misjudge condition, and miss defects. Every report must be reviewed and approved by a competent person before you rely on it, share it with a tenant or landlord, or submit it as evidence.
You remain solely responsible for the accuracy and completeness of any report you issue, and for any decision taken on the basis of it — including deposit deductions and dispute submissions to a tenancy deposit scheme. We do not provide legal, surveying, valuation or professional inventory advice.
We do not use your Customer Data to train third-party foundation models. We may use aggregated and anonymised statistics, which cannot identify you or any Data Subject, to operate and improve the Service.
8. Acceptable use
You must not, and must not permit anyone else to:
- use the Service unlawfully, or to infringe anyone's rights;
- upload material that is unlawful, defamatory, or that you have no right to upload;
- attempt to gain unauthorised access to the Service or its underlying infrastructure;
- probe, scan, penetration-test or load-test the Service without our prior written consent;
- reverse engineer, decompile or attempt to derive source code, except to the extent this restriction cannot lawfully be excluded;
- resell, sublicense or provide the Service as a bureau service to third parties without our written agreement;
- use automated means to extract data from the Service other than through our documented API; or
- introduce malware or otherwise interfere with the integrity or performance of the Service.
We may suspend access immediately where we reasonably believe there is a material breach of this section or a risk to the security of the Service or its other customers. We will tell you why and restore access once resolved.
9. Intellectual property
We own all intellectual property rights in the Service, including its software, models, interfaces, documentation and branding. Nothing in these terms transfers those rights to you.
You own Customer Data and the reports you generate. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display and process Customer Data solely to the extent needed to provide, secure and support the Service.
If you send us feedback or suggestions, we may use them without obligation or compensation.
10. Confidentiality
Each party may receive confidential information from the other. Each party will keep the other's confidential information secret, use it only for the purposes of this agreement, and disclose it only to personnel and advisers who need it and are bound by equivalent obligations. This does not apply to information that is public through no breach, independently developed, or required to be disclosed by law or a regulator.
11. Availability and support
We aim to make the Service available at all times but do not guarantee uninterrupted or error-free operation. Availability may be affected by maintenance, third-party failures, or events outside our reasonable control. We will use reasonable efforts to schedule planned maintenance outside UK business hours and to give notice where practical.
Support is provided by email at [email protected] during UK business hours. Any service level commitments apply only if expressly set out in a separate written agreement.
12. Third-party services
The Service may integrate with third-party products you choose to connect. Your use of those products is governed by their own terms, and we are not responsible for them. If a third-party service becomes unavailable or changes, the related functionality may be affected.
13. Warranties and disclaimers
We warrant that we will provide the Service with reasonable skill and care.
Except as expressly stated, and to the fullest extent permitted by law, the Service is provided "as is" and we exclude all other warranties, conditions and terms implied by statute, common law or otherwise, including any implied warranty of satisfactory quality or fitness for a particular purpose. We do not warrant that the Service will meet your requirements, that output will be accurate or complete, or that defects will be corrected.
14. Limitation of liability
Nothing in these terms limits or excludes either party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited.
Subject to that:
- neither party is liable for loss of profit, loss of business, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss; and
- each party's total aggregate liability arising out of or in connection with this agreement, whether in contract, tort (including negligence) or otherwise, is limited to the total fees paid or payable by you in the 12 months immediately before the event giving rise to the claim.
The limitations in this section do not apply to your obligation to pay fees, to either party's obligations under section 15 (Indemnity), or to a breach of section 9 (Intellectual property).
You acknowledge that the allocation of risk in this section is reflected in the fees.
15. Indemnity
You will indemnify us against all losses, damages, costs and reasonable legal expenses arising from any third-party claim relating to:
- Customer Data, including a claim that you had no lawful basis or consent to collect, upload or process it;
- your breach of section 5 (Customer Data and your responsibilities) or section 8 (Acceptable use); or
- a report you issued or a decision you took using the Service.
We will indemnify you against any third-party claim that the Service, used in accordance with these terms, infringes that party's intellectual property rights in the United Kingdom.
In each case the indemnified party must notify the other promptly, allow the other to control the defence, and provide reasonable cooperation.
16. Term, termination and data export
This agreement starts when you first access the Service and continues until terminated.
Either party may terminate on written notice if the other commits a material breach that is not remedied within 30 days of notice, or becomes insolvent. You may also terminate for convenience by cancelling your subscription, effective at the end of the current billing period.
On termination your right to access the Service ends. You may export Customer Data at any time during your subscription, and we will make it available for export for 30 days after termination. After that period we will delete or anonymise Customer Data within a further 90 days, except where we are required to retain it by law or where it exists in routine backups, which are deleted on their normal cycle.
Sections that by their nature should survive termination — including 9, 10, 13, 14, 15 and 19 — will do so.
17. Changes to these terms
We may update these terms to reflect changes to the Service, the law, or our business. We will publish the updated version on this page and update the "last updated" date. Where a change materially affects your rights or obligations, we will give at least 30 days' notice by email or in-app before it takes effect. Continuing to use the Service after that date means you accept the updated terms.
18. General
Entire agreement. These terms, together with any order form and our Privacy Policy, are the entire agreement between us and replace any earlier discussions.
Assignment. You may not assign this agreement without our written consent. We may assign it to a successor in connection with a merger, acquisition or sale of assets.
Severance. If any provision is found unenforceable, the rest remains in force.
Waiver. A failure to enforce a right is not a waiver of it.
Third parties. No one other than the parties has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control.
Business customers. The Service is provided for business use. If you are a consumer, some of these terms may not apply to you and your statutory rights are unaffected.
19. Governing law
These terms and any dispute arising out of them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
20. Contact
Questions about these terms:
Besmove Ltd
128 City Road, London EC1V 2NX, United Kingdom
Company number 08361274
[email protected]