Terms of Service
1. Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you”, “your”, or “User”) and Godfrey Engineering Ltd (“we”, “us”, “our”, or “Godfrey Engineering”), a company registered in England and Wales.
By accessing or using our website at godfreyengineering.com, our products (including ChainSolve), or any related services (collectively, the “Services”), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you must not access or use our Services.
If you are accessing or using the Services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” refers to that entity.
2. Definitions
In these Terms, the following definitions apply:
- “Content” means any text, images, data, software, code, documentation, or other material made available through the Services.
- “User Content” means any content you create, upload, submit, or transmit through the Services.
- “ChainSolve” means the engineering calculation and analysis software application operated by Godfrey Engineering.
- “Subscription” means a paid plan granting you access to premium features of the Services for a defined period.
- “Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets, database rights, design rights, and all other intellectual property rights, whether registered or unregistered.
3. Description of Services
Godfrey Engineering provides:
- Website (godfreyengineering.com): An informational website showcasing our engineering consultancy services, portfolio, and expertise in automotive design, motorsport engineering, and software development.
- ChainSolve: A web-based engineering calculation and analysis platform. ChainSolve may be offered as a free tier with limited features and as paid subscription tiers with additional capabilities.
- Engineering consultancy: Professional engineering consultancy services, which are subject to separate engagement agreements.
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will make reasonable efforts to provide advance notice of material changes.
4. Account Registration
4.1 Account Creation
To access certain features of the Services (including ChainSolve), you may be required to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information to keep it accurate
- Maintain the security and confidentiality of your login credentials
- Accept responsibility for all activity that occurs under your account
- Notify us immediately at info@godfreyengineering.com if you suspect unauthorised use of your account
4.2 Account Eligibility
You must be at least 16 years of age to create an account or use the Services. By creating an account, you represent and warrant that you meet this age requirement.
4.3 Account Termination
We reserve the right to suspend or terminate your account at any time if we reasonably believe that you have violated these Terms or our Acceptable Use Policy. We will provide notice of termination where practicable.
You may delete your account at any time by contacting us at info@godfreyengineering.com or through your account settings. Upon deletion, we will remove your personal data in accordance with our Privacy Policy.
5. Subscriptions and Payments
5.1 Paid Services
Certain features of the Services are available only through paid subscriptions. Subscription pricing, features, and billing cycles are described on our pricing pages. All prices are quoted in GBP (British Pounds Sterling) unless otherwise stated and are exclusive of VAT where applicable.
5.2 Payment Processing
Payments are processed by Stripe, Inc. By making a payment, you agree to Stripe’s terms of service. We do not store your payment card details on our servers.
5.3 Billing and Renewal
Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on the plan you select). Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date.
5.4 Cancellation
You may cancel your subscription at any time through your account settings or by contacting us at info@godfreyengineering.com. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of the period you have already paid for.
5.5 Refunds
We offer refunds in the following circumstances:
- Within 14 days of initial purchase: If you are a consumer based in the UK or EU, you have the right to cancel within 14 days of your initial subscription purchase and receive a full refund, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- Service outage: If the Services experience a material outage exceeding 72 consecutive hours, you may request a pro-rata refund for the affected period.
Refund requests should be sent to info@godfreyengineering.com.
5.6 Price Changes
We may change subscription prices from time to time. We will provide at least 30 days’ notice of any price increase. The new price will apply from your next billing cycle after the notice period.
6. Intellectual Property
6.1 Our Intellectual Property
All Intellectual Property Rights in the Services, including but not limited to the website design, layout, graphics, logos, text content, software code, algorithms, data structures, and documentation, are owned by or licensed to Godfrey Engineering Ltd.
Except as expressly permitted by these Terms, you may not:
- Copy, modify, distribute, sell, or lease any part of the Services
- Reverse engineer, decompile, or disassemble any software component of the Services
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices
- Use our trademarks, trade names, or logos without prior written consent
6.2 Your Content
You retain ownership of any User Content you create, upload, or submit through the Services. By submitting User Content, you grant Godfrey Engineering a non-exclusive, worldwide, royalty-free licence to use, store, process, and display your User Content solely for the purpose of providing and improving the Services.
You represent and warrant that:
- You own or have the necessary rights to submit the User Content
- Your User Content does not infringe the Intellectual Property Rights of any third party
- Your User Content does not violate any applicable law or regulation
6.3 Feedback
If you provide us with feedback, suggestions, or ideas regarding the Services (“Feedback”), you grant us an unrestricted, irrevocable, perpetual, royalty-free licence to use, modify, and incorporate that Feedback into the Services without any obligation or compensation to you.
7. Acceptable Use
Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the Acceptable Use Policy constitutes a breach of these Terms.
8. Disclaimer of Warranties
8.1 “As Is” Basis
To the maximum extent permitted by applicable law, the Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties or conditions of any kind, whether express, implied, or statutory.
8.2 No Warranty of Accuracy
We do not warrant that:
- The Services will be uninterrupted, timely, secure, or error-free
- The results obtained from the Services will be accurate or reliable
- Any errors or defects in the Services will be corrected
- The Services will meet your specific requirements
8.3 Engineering Calculations
Important: ChainSolve and any engineering calculations or analyses provided through the Services are tools intended to assist qualified professionals. They are not a substitute for independent professional engineering judgement, verification, and validation.
You acknowledge and agree that:
- All engineering outputs must be independently verified before reliance or use in production
- Godfrey Engineering does not certify, warrant, or guarantee the accuracy, completeness, or fitness for purpose of any calculation output
- You are solely responsible for any decisions made based on outputs from the Services
- The Services are not intended for use in safety-critical applications without independent verification by a qualified professional engineer
8.4 Consumer Rights
Nothing in these Terms affects your statutory rights as a consumer under UK law, including the Consumer Rights Act 2015. If the Services do not meet the standards set out in the Consumer Rights Act, you may have a right to a refund, repair, or replacement.
9. Limitation of Liability
9.1 Exclusion of Liability
To the maximum extent permitted by applicable law, Godfrey Engineering shall not be liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, business, or anticipated savings
- Loss of goodwill or reputation
- Cost of procuring substitute goods or services
arising out of or in connection with your use of, or inability to use, the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
9.2 Aggregate Liability Cap
To the maximum extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Services shall not exceed the greater of:
- The total amount you have paid to us in the 12 months immediately preceding the event giving rise to the claim; or
- One hundred pounds sterling (GBP 100.00)
9.3 Exclusions
Nothing in these Terms shall exclude or limit our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded or limited under applicable law, including liability under the Consumer Rights Act 2015
10. Indemnification
You agree to indemnify, defend, and hold harmless Godfrey Engineering Ltd, its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of the Services in violation of these Terms
- Your User Content
- Your violation of any applicable law or regulation
- Your violation of any third party’s rights, including Intellectual Property Rights
11. Availability and Force Majeure
11.1 Service Availability
We use commercially reasonable efforts to ensure the availability of the Services. However, we do not guarantee any specific uptime or availability level unless otherwise agreed in a separate service level agreement (SLA).
11.2 Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, power failures, internet or telecommunications failures, cyberattacks, or failures of third-party service providers.
12. Third-Party Services
The Services may contain links to, or integrations with, third-party websites, applications, or services. We are not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.
13. Privacy
Our collection and use of personal data in connection with the Services is described in our Privacy Policy. By using the Services, you acknowledge that you have read and understood our Privacy Policy.
14. Modifications to These Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will:
- Update the “Last updated” date at the top of this page
- Post a notice on our website
- Where practicable, notify registered users by email at least 14 days before the changes take effect
Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and, if applicable, cancel your subscription.
15. Governing Law and Jurisdiction
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.
15.2 Jurisdiction
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
15.3 Consumer Rights
If you are a consumer, nothing in this section affects your right to bring proceedings in the courts of the country in which you are domiciled, or any mandatory consumer protection laws that apply to you.
16. Dispute Resolution
16.1 Informal Resolution
Before initiating any formal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at legal@godfreyengineering.com. We will attempt to resolve the dispute within 30 days.
16.2 Mediation
If the dispute cannot be resolved informally, either party may propose mediation through a mutually agreed mediator or through the Centre for Effective Dispute Resolution (CEDR). The costs of mediation shall be shared equally between the parties.
16.3 Court Proceedings
If the dispute is not resolved through mediation within 60 days, either party may commence court proceedings in accordance with Section 15 (Governing Law and Jurisdiction).
17. General Provisions
17.1 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
17.2 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term shall only be effective if made in writing and signed by an authorised representative of Godfrey Engineering.
17.3 Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, and Acceptable Use Policy, constitute the entire agreement between you and Godfrey Engineering regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.
17.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
17.5 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights. Nothing in these Terms is intended to confer any right or benefit on any person other than the parties to these Terms, and no third party shall have any right to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999.
17.6 Notices
All notices to Godfrey Engineering under these Terms should be sent to:
- Email: legal@godfreyengineering.com
- General enquiries: info@godfreyengineering.com
Notices to you will be sent to the email address associated with your account, or posted on our website for unregistered users.
17.7 Survival
The following sections shall survive termination or expiration of these Terms: Section 6 (Intellectual Property), Section 8 (Disclaimer of Warranties), Section 9 (Limitation of Liability), Section 10 (Indemnification), Section 15 (Governing Law and Jurisdiction), and this Section 17 (General Provisions).
18. Contact Us
If you have any questions about these Terms, please contact us:
- Email: legal@godfreyengineering.com
- General enquiries: info@godfreyengineering.com
- Website: www.godfreyengineering.com
Godfrey Engineering Ltd
United Kingdom