Commercial Licence & Platform Terms

These Commercial Licence and Platform Terms set out the principal contractual terms governing access to and use of the By5 platform, including package scope, permitted use, service boundaries, fair-use provisions, customer responsibilities, exclusions, commercial add-ons and any applicable operational limitations.

The By5 platform is provided by By5 Ltd ("By5"). References to "By5" in this document are references to By5 Ltd.

This document is provided for commercial onboarding and operational implementation purposes and should be read together with the applicable Privacy Policy, Data Processing Addendum, Cookies & Telemetry Notice and any written order form, proposal or service agreement issued by By5.

1. Product Bundle, Module Scope and Service Entitlement

The Customer's access to the By5 platform shall be determined by the package, product bundle, modules, workflows and services expressly agreed in the applicable order form, proposal, subscription plan or written agreement. Unless expressly stated otherwise, features, integrations, managed workflows, AI-assisted functions, communication channels and bespoke configuration work are provided only to the extent included within the Customer's selected package, product bundle or module scope.

• Included Foundation: includes the tenant operating foundation, comprising tenant settings, customer records, support surfaces and the agreed delivery-scope record.
• QUOTES: includes the foundation together with quote-preparation support, quote sessions, survey or attachment capture, estimate history and follow-up signals.
• JOBS: adds delivery operations and, where scoped, worker or team access, field handoff, job cards, schedules and planning support.
• COIN: adds finance visibility, invoice, payment or accounting handoff surfaces and finance integration status where enabled.
• COMMUNICATIONS: adds approved communication channels, enquiry capture, inbox visibility, content or social workflow support and provider-account setup where scoped.

QUOTES does not include JOBS, COIN, COMMUNICATIONS or any other separately priced module unless By5 expressly enables it in writing.

All package, product bundle and module features are subject to fair use, technical feasibility, third-party platform availability, implementation scope, customer cooperation and any service limitations set out in these Terms or the applicable agreement. By5 may reasonably determine the method, sequence and technical approach used to deliver the relevant services, provided that such delivery remains materially consistent with the agreed scope.

2. Licence and Acceptable Use

Subject to the Customer's continued compliance with these Terms, By5 grants the Customer a limited, non-exclusive, non-transferable, revocable right to access and use the By5 platform solely for the Customer's internal business operations and only within the scope of the package, modules and services agreed in writing.

The Customer and its authorised users shall not:

• use the By5 platform for any unlawful, fraudulent, abusive, deceptive, harassing, defamatory, harmful or otherwise prohibited purpose;
• use the platform for emergency, life-critical, safety-critical, medical, legal, financial or regulated communications where reliance on automated output may create risk of harm, loss or liability;
• reverse engineer, decompile, copy, modify, scrape, resell, sublicence, commercially exploit or attempt to derive the source code, structure, workflows, prompts, models, logic or proprietary methods of the platform;
• interfere with, disrupt, overload, bypass, compromise or attempt to gain unauthorised access to any system, security control, account, data, integration, infrastructure or shared platform resource;
• upload, transmit or process any material that is unlawful, malicious, infringing, offensive, harmful, misleading or otherwise in breach of these Terms.

By5 reserves the right to restrict, suspend or terminate access to the platform where use of the service creates, or is reasonably likely to create, legal, operational, technical, security, reputational, regulatory or commercial risk.

3. Service Boundaries and Third-Party Dependencies

The Customer acknowledges that the By5 platform may rely on third-party systems, services and infrastructure, including but not limited to authentication providers, messaging providers, email providers, AI model providers, hosting providers, payment or billing providers, analytics providers and communication platforms.

By5 shall use reasonable endeavours to provide the service in a professional and commercially reasonable manner. However, By5 does not warrant or guarantee uninterrupted availability, message deliverability, third-party uptime, third-party performance, AI output accuracy, response speed, or continuous access to any external service, integration or communication channel.

Customer-facing automated assistant replies, AI-assisted messages or automated workflow communications must be clearly identified as automated where appropriate and must include, where reasonably practicable, a suitable human review, escalation or handover process.

Site surveys, manual review, human escalation, bespoke configuration, custom workflow design and additional operational support are not included unless expressly stated in the Customer's package, order form, proposal or written agreement.

By5 shall not be responsible for any delay, failure, interruption, data loss, communication failure or limitation caused by third-party providers, customer systems, unsupported integrations, customer error, network issues, platform misuse, lack of customer cooperation or circumstances outside By5's reasonable control.

4. QUOTES Subscription and Customer Payments

• QUOTES is free to start and free to keep using. The free allowance is 3 quotes per calendar month and resets at the start of each calendar month. By5 does not ask for payment card details to use the free allowance, and the free allowance is not time-limited.
• Unlimited QUOTES is an optional upgrade at £12 per month. It starts only when the Customer chooses it and completes payment setup; By5 does not start it on the Customer's behalf and does not take a payment the Customer has not chosen.
• Once started, £12 is taken in advance at the start of each monthly service period and renews automatically each month until cancelled. By5 Ltd is not currently VAT registered, so VAT is not currently charged.
• The Customer may cancel unlimited QUOTES at any time in Account Settings without contacting By5. Cancellation takes effect at the end of the monthly service period already paid for, and the account then returns to the free 3 quotes per calendar month. Cancelling the upgrade does not close the account and does not delete Customer data.
• Payments already collected are normally non-refundable, including where the Customer cancels partway through a paid monthly period, except that duplicate or erroneous charges will be reviewed and refunded where appropriate.
• If a monthly payment fails, By5 retries it automatically several times over a period of up to two weeks, and notifies the Customer so the payment method can be updated. If the payment cannot be collected by the end of that period, the unlimited QUOTES subscription ends and the account returns to the free allowance, with billing, cancellation and data-export functions retained throughout and the Customer's quote history preserved. A subscription that has ended is not restarted automatically; the Customer may upgrade again at any time from Account Settings.
• Any tenant-customer deposit or payment facility is optional and separate from the By5 subscription. Those funds are paid by the tenant's customer to the tenant business under the tenant's own terms; they are not subscription payments to By5 and are not required to complete signup.
• Normal platform access ends when the Customer's account is closed. The Customer may request an operator-assisted return of Customer-controlled data during the following 30 days by contacting By5. This return window does not preserve normal login or self-service application access.
• Subject to narrow legal, tax, security, fraud-prevention, audit or dispute holds, active application copies of Customer-controlled data are deleted or anonymised by day 60 after normal access ends. Backup copies expire through the normal backup cycle within 90 days.
• By5 does not use identifiable or pseudonymised Customer-controlled data to train shared AI models.
• The QUOTES Subscription Disclosure states these payment terms in full. If anything in this section differs from that disclosure, the disclosure applies.

5. Commercial Changes

• By5 may amend, update, vary or replace its packages, modules, features, fair-use thresholds, operational policies, service boundaries, pricing structures and commercial add-ons from time to time.
• Where any material change affects an existing Customer's agreed package or use of the platform, By5 shall take reasonable steps to notify the Customer before such change takes effect, unless immediate change is required for legal, regulatory, security, technical, third-party provider or operational reasons.
• Any additional service, bespoke configuration, custom workflow, additional communication channel, increased usage, module expansion, implementation support, training, manual review or out-of-scope work may be subject to additional charges and must be agreed separately in writing.
• Updated commercial terms, package conditions or operational policies may be issued by By5 from time to time and may be presented to the Customer through the platform, legal documentation, onboarding flow, order form, proposal, service agreement or other written notice.
• Continued access to or use of the By5 platform following notice of any applicable update shall constitute acceptance of the updated terms, unless otherwise agreed in writing.