Terms of service

These terms are an agreement between BeGOOD Solutions Ltd (“we”, “us”), company number 16854996, 128 City Road, London EC1V 2NX, and the business that uses CLIMB (“you”, the “customer”). “CLIMB” means the CLIMB and CLIMB Coach apps and the services behind them.

By creating a company in CLIMB, you confirm that you can agree to these terms on the business’s behalf. CLIMB is for business use: these terms are not meant for consumers.

If you use CLIMB because your employer invited you, your employer is our customer. You still need to follow the acceptable use rules below, and our privacy policy explains how your data is handled.

CLIMB is in early access. That means features may change, be added or be removed while we build it with our first customers, and that there may be bugs. We will tell you about significant changes.

If you give us feedback or suggestions, we may use them to improve CLIMB without owing you anything for them. We won’t identify you or your business publicly without your permission.

• Give accurate details when you sign up and keep them up to date.
• Keep sign-in details secret. Each person needs their own account: don’t share accounts.
• You decide who to invite and what role each person has. You are responsible for what the people you invite do in CLIMB, and for removing access when someone leaves.
• Tell us straight away at help@begood.solutions if you think an account has been misused.

CLIMB helps you record attendance and keep employee records. You stay responsible for how you use it, including:

• having a lawful basis to use your staff’s personal data, and telling them how you use it, for example in your own privacy notice;
• making sure the data you enter is accurate, and checking hours before you rely on them, for example for payroll;
• meeting your legal duties, such as working time, minimum wage and record-keeping rules, and keeping the records the law requires;
• using CLIMB fairly and openly with your staff, and not to monitor them covertly.

CLIMB is a tool, not legal, HR or payroll advice.

If you use NFC tags to clock in, place them where you intend people to clock in, keep them in good condition and remove or deactivate tags you no longer use. We aren’t responsible for tags that are lost, damaged, moved or misused. Tell us if you think a tag has been copied or tampered with, so it can be deactivated.

Everyone using CLIMB agrees not to:

• use it for anything unlawful, harmful or fraudulent;
• clock in or out for someone else, or falsify attendance records;
• try to access accounts or data they aren’t allowed to see;
• probe, scan or test CLIMB’s security without our written permission;
• copy, modify, reverse engineer or resell CLIMB, except where the law allows;
• upload malicious code, or overload or disrupt our systems.

The information you and your team put into CLIMB (“customer data”) belongs to you. You give us permission to store and process it only to provide, secure and support CLIMB for you. You can export it while you use CLIMB and for 30 days after you leave.

For personal data in your customer data, you are the controller and we are your processor under the UK GDPR. These terms are our data processing agreement. We will:

1. process it only on your documented instructions, which are these terms and your use of CLIMB’s features, unless the law requires otherwise (we will tell you if so, where allowed);
2. make sure anyone who processes it is bound by confidentiality;
3. keep appropriate technical and organisational security measures in place (our privacy policy describes them);
4. use only the sub-processors listed in our privacy policy, under written terms that protect the data as these do, and tell you before adding or replacing one so you can object;
5. transfer it outside the UK only with the safeguards UK law requires;
6. help you respond to requests from people exercising their data rights, and with security, breach notification and data protection impact assessments, as reasonably needed;
7. tell you without undue delay after becoming aware of a personal data breach affecting your data;
8. delete your personal data within 90 days after you stop using CLIMB, after the 30-day export window, unless the law requires us to keep it;
9. give you the information you reasonably need to show these obligations are met, and allow for audits, on reasonable notice and no more than once a year unless a regulator requires it.

The data involved is described in our privacy policy: your staff’s account details, employee records and attendance, processed for as long as you use CLIMB, to record attendance and working hours and manage your team.

We own CLIMB, including its software, design and brand. While these terms apply, we give you and your team a non-exclusive, non-transferable right to use CLIMB for your business. Nothing in these terms transfers ownership of CLIMB to you.

CLIMB is free during early access unless we agree otherwise in writing. Before we introduce any charges, we will tell you the price in advance, and you can choose whether to continue. We will never charge you without your agreement.

We work hard to keep CLIMB running and secure, but during early access we can’t guarantee it will always be available or error-free. We may need to pause it for maintenance, and will try to do this outside working hours and give notice where we can. For help, email help@begood.solutions.

You can stop using CLIMB at any time by telling us. We can end these terms by giving you 30 days’ notice by email.

We may suspend or end access straight away if you seriously or repeatedly break these terms, if it is needed to protect CLIMB or other customers, or if the law requires it. We will tell you why, unless the law prevents us.

When these terms end, your right to use CLIMB stops. You can export your data for 30 days, and we then delete it as described above. Sections that by their nature should continue, such as those on data, liability and the law, continue to apply.

During early access CLIMB is provided “as is”. To the extent the law allows, we don’t give any promises about it beyond those in these terms.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that can’t be limited by law.

Otherwise:

• neither of us is liable for indirect or consequential loss, or for loss of profit, revenue, business or goodwill;
• our total liability to you in any 12-month period is limited to the greater of £100 and the fees you paid us in that period.

We may update these terms as CLIMB develops. We will change the date at the top, and give you at least 30 days’ notice by email of any change that materially affects you. If you keep using CLIMB after a change takes effect, the new terms apply; if you don’t agree, you can stop using CLIMB.

• These terms, with our privacy policy and anything we agree in writing, are the whole agreement between us about CLIMB.
• Neither of us is responsible for delays or failures caused by events outside our reasonable control.
• You may not transfer your rights under these terms without our agreement. We may transfer ours, for example if our business is sold, and will tell you if we do.
• If any part of these terms can’t be enforced, the rest still applies. If we don’t enforce a right straight away, we can still enforce it later.
• Nobody else has rights under these terms under the Contracts (Rights of Third Parties) Act 1999.
• These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Questions about these terms: help@begood.solutions, or write to us at BeGOOD Solutions Ltd, 128 City Road, London EC1V 2NX.