Terms and Conditions of CCTVDESIGNTOOL App
Version effective from: 01.08.2026
Table of Contents
- GENERAL PROVISIONS — § 1
- DEFINITIONS — § 2
- TECHNICAL REQUIREMENTS — § 3
- GENERAL PRINCIPLES OF SERVICE PROVISION — § 4
- ACCOUNT SERVICE AGREEMENT — § 5
- AGREEMENT FOR THE PROVISION OF THE APPLICATION USE SERVICE — § 6
- FEES & BILLING — § 7
- REVIEWS — § 8
- RIGHT OF WITHDRAWAL — § 9
- LIABILITY OF THE SERVICE PROVIDER — § 10
- COMPLAINTS REGARDING THE SUBJECT OF THE DIGITAL SERVICE — § 11
- INTELLECTUAL PROPERTY OF THE SERVICE PROVIDER — § 12
- PROCESSING OF PERSONAL DATA — § 13
- OUT-OF-COURT DISPUTE RESOLUTION — § 14
- CHANGING THE DIGITAL SERVICE — § 15
- PRICE LIST — § 16
- AMENDMENTS TO THE TERMS AND CONDITIONS — § 17
- FINAL PROVISIONS — § 18
- APPENDIX NO. 1 TO THE TERMS AND CONDITIONS – ENTRUSTMENT AGREEMENT
- APPENDIX NO. 2 TO THE TERMS AND CONDITIONS – CATEGORIES OF PERSONAL DATA ENTRUSTED AND CATEGORIES OF PERSONAL DATA SUBJECTS
- APPENDIX NO. 3 TO THE TERMS AND CONDITIONS – MODEL CANCELLATION FORM
§ 1. General provisions
- These Terms and Conditions (hereinafter: the "Terms and Conditions" or "Regulations") set out the rules and conditions for the use of the "CCTVDESIGNTOOL" application (hereinafter: the "App" or "Application") and the services provided by the Service Provider.
- The Terms and Conditions are the rules and regulations referred to in the Electronic Commerce (EC Directive) Regulations 2002 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (hereinafter: the "UK E-Commerce and Consumer Contracts Regulations").
- The Service Provider is TECHMAGIC UK LTD, a company registered in England and Wales, with its registered office at 41 Devonshire Street, Ground Floor, London W1G 7AJ, United Kingdom, holding VAT number GB 409 6531 89 (hereinafter: "Service Provider").
- Contact with the Service Provider is possible using:
- e-mail at the following address: contact@cctvdesigntool.com;
- postal service – at the address: TECHMAGIC UK LTD, 41 Devonshire Street, Ground Floor, London W1G 7AJ, United Kingdom.
- Information about services available in the App, in particular their descriptions, technical and functional parameters, and prices, constitute an invitation to treat under general principles of English contract law.
- The Service Recipient and the User are obliged to read the Terms and Conditions before using the App.
§ 2. Definitions
Capitalized words used in the Regulations have the following meaning:
- Account - a panel created in the IT system of the Application, enabling the User to use its functionalities, including the Account Service;
- Account Service – a digital service consisting in the creation and maintenance of an Account by the Service Provider for the User;
- UK E-Commerce and Consumer Contracts Regulations - a term defined in § 1 section 2 of the Regulations;
- Agreement – Agreement for the provision of the Account Service and the Agreement for the provision of the Application Use Service;
- Agreement for the provision of the Account Service – an agreement under which the Service Provider undertakes to provide the Account Service to the User for an indefinite period of time, and the User undertakes to provide the Service Provider with his data, including personal data;
- Agreement for the provision of the Application Use Service – an agreement under which the Service Provider undertakes to provide the Service Recipient with the Application Use Service for a fee; the condition for concluding this Agreement is the prior conclusion of the Agreement for the provision of the Account Service;
- Application Use Service – a service consisting in enabling the Client to use the functionality of the Application consisting in: creating CCTV layouts simulations;
- English law - a term defined in § 19 section 2 of the Terms and Conditions;
- Consumer - a natural person performing a legal transaction with the Service Provider not directly related to its trade, business, craft or profession (in line with the definition used in the Consumer Rights Act 2015);
- Consumer Rights Act - the Consumer Rights Act 2015 (UK);
- Digital Service – Account Service and Application Use Service;
- Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, to which special provisions grant legal capacity, conducting business or professional activity on its own behalf;
- Entrepreneur with Consumer Rights - a natural person conducting business or professional activity on his own behalf, who has concluded an Agreement with the Service Provider directly related to his business activity, but not having a professional character for that person, resulting in particular from the subject of his business activity (this is a contractual category created by the Service Provider for the purposes of these Regulations; it does not correspond to a defined status under English statute and is applied by the Service Provider as a matter of contract, extending certain Consumer-style protections under these Regulations to such persons);
- License - term defined in § 9 section 7 of the Regulations;
- Non-compliance – non-compliance of the Subject of the Digital Service with the Agreement regarding its provision (the criteria for assessing the compliance of the Subject of the Digital Service with the agreement regarding its delivery are set out in sections 34 to 47 of the Consumer Rights Act 2015 (UK), which govern the trader's obligations as to the quality, fitness for purpose and description of digital content, and the consumer's remedies for non-conformity);
- Package – a set of specific Services offered by the Service Provider via the Application; currently available Packages and fees for them are shown in the Price List;
- Personal Data Processing Agreement – an agreement specifying the terms and conditions for entrusting by the Service Recipient (acting as a personal data controller) to the Service Provider (acting as a processor) the processing of personal data (other than the Service Recipient's personal data) stored on the Client Account;
- Price List – a document or information specifying the current price of the Digital Service and Service Packages for the use of the App;
- Privacy Policy - a document containing information on the processing of personal data of Service Recipients by the Service Provider;
- Review – the Client's opinion on the Service of using the Application, including a description of the Client's experience related to the use of the above-mentioned Services;
- Service Provider – a term defined in § 1 section 3 of the Regulations;
- Service Recipient or Client – a client using the Application, being an Entrepreneur, Entrepreneur with Consumer rights or Consumer;
- Subject of digital provision – Account Service or Application Use Service;
- Subscription Fee - a fee paid by the Client in advance in exchange for the Service of using the Application determined in accordance with the Price List in force at the time of its order;
- Subscription Period - the period for which the Service Provider provides the Service Recipient with access to use the Application in accordance with the Price List and the Package selected by the Client;
- Terms and Conditions or Regulations - a term defined in § 1 section 1 of the Regulations;
- User – a person who has an Account in the Application who is a Consumer or a person authorized to represent the Service Recipient and use the Application on his behalf;
- User Content – all data (including personal data), electronic files, information and materials recorded by the User on the Account.
§ 3. Technical requirements
- In order to properly use the services provided by the Service Provider via the App, all of the following requirements must be satisfied jointly: a device with a monitor; connection to the Internet; equipment allowing the use of Internet resources; the current version of the Chrome web browser supporting JavaScript and accepting cookies; an active e-mail account.
- The use of viruses, bots, worms or other malicious computer codes, files or programmes is prohibited on the App.
- The Service Provider informs that it uses cryptographic protection of electronic transfer and digital content by means of appropriate logical, organisational and technical measures, including SSL encryption, use of passwords and anti-virus or anti-malware programmes.
- The Service Provider advises that despite the safeguards referred to above, the use of the Internet and services provided by electronic means may carry inherent security risks, and recommends the use of anti-virus programmes or other means of protecting identification on the Internet.
§ 4. General principles of Service provision
- The Service Recipient is obliged to use the services provided by the Service Provider in a manner consistent with the provisions of generally applicable law, the provisions of the Regulations, as well as with good customs.
- Providing illegal content by the User is prohibited.
- The Service Recipient using the services provided by the Service Provider is obliged to provide only data (including personal data) consistent with the actual state. The Service Provider shall not be liable for the consequences of providing false or incomplete data by the Client.
- Where actions in the Application (in particular the conclusion of the Agreement) are performed by a natural person acting on behalf of a Client who is not a natural person, that action is tantamount to a statement by that natural person that they are entitled to represent the Service Recipient. The Service Provider is entitled to require proof of authorisation. A person acting without authorisation bears responsibility under applicable law.
- One Service Recipient may conclude only one Agreement for the provision of the Application Use Service.
- Prices of services and Packages are expressed in EUR, USD or GBP, as selected by the Client at the time of purchase (the currency selected shall remain fixed for the duration of the Subscription Period then being paid for; any change of currency takes effect from the following Subscription Period), and are net and do not include VAT/Sales tax/GST/HSTor any other similar tax, however denominated.
- The conclusion of the Agreement for the provision of the Service for the use of the Application requires the prior conclusion of the Agreement for the provision of the Account Service.
- The following shall be considered a violation of the Regulations: providing illegal content by the User; misuse of the Digital Services; providing false or incomplete data by the Service Recipient or User; a natural person performing an action on behalf of the Client despite lack of authorisation; conclusion by the Client of more than one Agreement for the provision of the Application Use Service without the consent of the Service Provider.
- In the event of a violation of the Regulations, the Service Provider may call on the Client to remove it and set a deadline of not less than 7 (seven) days for this purpose.
- All statements, calls, notifications, and information referred to in the Regulations may be submitted by e-mail, unless a specific provision of the Regulations provides otherwise.
§ 5. Account Service Agreement
- In order to conclude the Agreement for the provision of the Account Service, the User should: enter the website of the Application and click "Register"; enter their name and e-mail address (which also serves as the User's login); tick the checkbox confirming they have read and accept the Regulations and Privacy Policy; click "Create an account".
- After clicking "Register", an activation link is sent to the User's e-mail address. Clicking the link is tantamount to the conclusion by the User of the Agreement for the provision of the Account Service.
- After creating an Account, the User may complete the data stored on it, including billing address and tax identification number.
- With the help of the Account, the User may in particular: store their data and the data of the Client represented by him; purchase Packages; use the services included in the purchased Package.
- The Service Provider informs, and the Client acknowledges, that maintaining compliance of the Account Service with the Agreement does not require the Client to install its updates.
- If the User is not granted access to the Account immediately after conclusion of the Agreement, the User may call on the Service Provider to grant access without delay. If the Service Provider fails to do so, the User may withdraw from the Agreement for the provision of the Account Service in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and applicable principles of English contract law.
- Notwithstanding paragraph 6 above, the User may withdraw from the Agreement without first calling on the Service Provider to grant access, in the circumstances recognised under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as justifying immediate withdrawal for non-supply of a digital service.
- The provisions of sections 6-7 above apply only to Service Recipients who are Consumers or Entrepreneurs with Consumer rights.
- Notwithstanding sections 6-7 above, the User may at any time and without giving a reason terminate the Agreement for the provision of the Account Service with a notice period of 14 (fourteen) days.
- Withdrawal from or termination of the Agreement for the provision of the Account Service takes place by a statement sent to the Service Provider by e-mail. The Service Provider deletes the Account immediately after receiving such a statement, or after expiry of the applicable notice period.
- In the event of a breach by the User of the Regulations and failure to remove it despite a request under § 4 section 9, the Service Provider may terminate the Agreement with a notice period of 7 (seven) days, by e-mail. After the notice period expires, the Account is permanently deleted. During the notice period, the Service Provider may block the User's access to prevent further violations.
- Where the Service Recipient has, before withdrawal or termination of the Agreement for the provision of the Account Service, also concluded an Agreement for the provision of the Application Use Service, withdrawal or termination of the former is tantamount to simultaneous withdrawal from or termination of the latter.
- If the Service Provider terminates the Agreement for the provision of the Account Service in relation to a User who is a Consumer or Entrepreneur with Consumer rights, that User is entitled to a refund of the remuneration proportional to the remaining period.
- The refund referred to in paragraph 13 above is made within 14 (fourteen) days from the date of termination.
- Save where immediate suspension is necessary to prevent harm, fraud, or a breach of applicable law, the Service Provider shall give the Client reasonable notice and a reasonable opportunity to export their data before suspension of the Account Service (on any basis) results in deleting the Account and all Content stored on it.
§ 6. Agreement for the provision of the Application Use Service
- On the basis of the Agreement for the provision of the Application Use Service, the Service Provider enables the Client (to the extent resulting from the purchased Package) to use the following functions of the Application: the ability to create CCTV camera layouts; support in configuring the services available as part of the Application.
- To conclude the Agreement, the Service Recipient should: enter the Application and go to the registration form; enter an e-mail address and password; tick the checkbox consenting to the start of provision of the Application Use Service before expiry of the withdrawal deadline (this right is granted only to Consumers or Entrepreneurs with Consumer rights); tick the checkbox confirming they have read and accept the Regulations and Privacy Policy; make payment (unless the Service is available free of charge under the Price List); click "Order with obligation to pay".
- Clicking "Order with obligation to pay" and making the required payment is tantamount to conclusion of the Agreement for the provision of the Application Use Service.
- The Agreement for the provision of the Application Use Service is concluded for a definite period.
- Use of the Application Use Service after expiry of the term requires conclusion of a further Agreement.
- After clicking "Order with the obligation to pay", the Client should authenticate the previously provided e-mail address and supplement the Account with: name and surname; telephone number; and, if the Service Recipient is an Entrepreneur or Entrepreneur with Consumer rights, company name, tax identification number (e.g. VAT number, company registration number, or equivalent identifier applicable in the Client's jurisdiction), invoice address, bank name and bank account number.
- The Service Provider informs, and the Service Recipient acknowledges, that maintaining compliance of the Application Use Service with the Agreement does not require installation of updates.
- If the Client is not granted access to the Application Use Service immediately after conclusion of the Agreement, the Client may call on the Service Provider to grant access without delay. If the Service Provider fails to do so, the Client may withdraw from the Agreement in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and applicable principles of English contract law.
- Notwithstanding paragraph 8 above, the Client may withdraw from the Agreement without first calling on the Service Provider to grant access, in the circumstances recognised under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as justifying immediate withdrawal for non-supply of a digital service.
- The provisions of sections 8-9 above apply only to Service Recipients who are Consumers or Entrepreneurs with Consumer rights.
- In the event of withdrawal under sections 8-9 above, the Service Provider shall immediately suspend provision of the Application Use Service and return any fee paid within 14 (fourteen) days from receipt of the withdrawal statement.
- In the event of a breach by the Client of the Regulations and failure to remove it despite a request under § 4 section 8, the Service Provider may terminate the Agreement with a notice period of 7 (seven) days, by e-mail. After the notice period expires, the Service Provider suspends the Application Use Service. During the notice period, the Service Provider may block access to prevent further violations.
- If the Service Provider terminates the Agreement, a Service Recipient who is a Consumer or an Entrepreneur with Consumer rights is entitled to a refund of the remuneration proportional to the remaining period.
- The refund referred to in paragraph 13 above is made within 14 (fourteen) days from termination.
§ 7. Fees & Billing
- Unless a specific provision of the Regulations or individual arrangements with the Service Provider provide otherwise, payment for the Services is made as follows:
(a) where the Client is a Consumer, payment is made via Lemon Squeezy, Inc. (or its applicable affiliate), which acts as the Service Provider's authorised reseller and merchant of record for such payments. In that case, the sale is between the Client and Lemon Squeezy using the payment systems made available as part of the Application, and Lemon Squeezy is responsible for calculating, collecting and remitting any applicable VAT/Sales tax/GST/HST or any other similar tax on the transaction;
(b) where the Client is an Entrepreneur or Entrepreneur with Consumer rights, the Service Provider invoices the Client directly and payment is made by bank transfer to the Service Provider's bank account. Where such a Client is established in the European Union and has provided the Service Provider with a valid VAT identification number, the reverse charge mechanism applies: the Service Provider's invoice shall not include any VAT/Sales tax/GST/HST or any other similar tax , and the Client is responsible for accounting for any applicable VAT/Sales tax/GST/HST or any other similar tax on the transaction in its own jurisdiction, as applicable under the law of that jurisdiction.
- For the provision of Services, the Client is obliged to pay the Subscription Fee according to the Price List. Changes in prices are announced on the Website and do not constitute changes to these Regulations.
- The date of payment is the date the Subscription Fee is booked with Lemon Squeezy or on the Service Provider's bank account, as applicable under paragraph 1 above. After the payment is posted, the Client receives confirmation of access together with a receipt or invoice issued by Lemon Squeezy (for Consumers) or by the Service Provider (for Entrepreneurs and Entrepreneurs with Consumer rights).
- Payments may be made as separate, independent payments made by the Client for each Subscription Period.
- Before the end of the current Subscription Period, the Service Provider shall inform the Client by e-mail about its expiry and the fee for extension. Extension is tantamount to concluding a further Agreement for the provision of the Application Use Service on the terms of the Regulations.
- The Service Recipient extends the Subscription Period by making payment for the next Subscription Period.
- If the Subscription Fee is paid before expiry of the previous Subscription Period, the next Subscription Period is counted from the day following the end of the previous period.
- If the Subscription Fee is paid after expiry of the previous Subscription Period, the next Subscription Period is counted from the date of payment.
- Lack of payment for the next Subscription Period results in blocking access to the Application Use Service. The Client's data is stored for 30 calendar days from expiry of the Subscription Period, during which the Client may resume the Service by paying the Subscription Fee, or delete the Account.
- The amount payable by the Client is the price of the Service as set out in the Price List. Where payment is made by bank transfer under paragraph 1(b) above, all fees and charges for the transfer, including any intermediary or receiving bank fees and currency conversion costs, are borne by the Client, who shall ensure that the Service Provider receives the invoiced amount in full, without deduction.
§ 8. Reviews
- The Service Recipient may send the Service Provider a Review on the services provided.
- Sending a Review may take place in any way, including by e-mail.
- Sending a Review does not impose an obligation on the Service Provider to publish it.
- It is forbidden to include in Reviews: illegal content, including content infringing personal rights or intellectual property rights of third parties; personal data of persons other than the Client; advertising, promotional or electoral content, or content referring to gender, race, ethnic origin, nationality, religion, belief, disability, age or sexual orientation.
- Sending a Review is tantamount to a statement by the Client that they are its sole author. The Service Recipient bears full responsibility for the content of the Review and the consequences of its publication.
- Sending a Review is tantamount to granting the Service Provider a free-of-charge, non-exclusive licence to use it (the "License").
- The License is granted for an indefinite period (terminable on two years' notice, effective at year end), without territorial restriction, covering: fixation and reproduction in any quantity, technique or format; dissemination by any means, in particular via the Application and the Service Provider's social media.
- The License entitles the Service Provider to modify the Review where necessary for its dissemination, without changing its essence or content.
- The License authorises the Service Provider to grant sublicences to third parties, for a fee or free of charge.
- The Service Recipient undertakes not to exercise moral rights in the Review and authorises the Service Provider to exercise them on the Client's behalf.
- Notwithstanding the above, the Client grants the Service Provider a free, non-exclusive licence to use the Client's name and logo ("Logo") on the same terms and for the same fields of exploitation as set out above.
§ 9. Right of withdrawal
- The provisions of this § 9 apply only to Service Recipients who are Consumers or Entrepreneurs with Consumer rights.
- Pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (in particular its provisions on the right to cancel distance contracts), the Client has the right to withdraw from the Agreement without giving any reason within 14 (fourteen) days from the date of its conclusion.
- The right to withdraw is exercised by submitting to the Service Provider a statement of withdrawal. To meet the deadline, it is sufficient to send the statement before the deadline referred to in paragraph 2 above.
- The statement of withdrawal may be submitted by the Client in any form, including using the model cancellation form set out in APPENDIX No. 2 to these Terms and Conditions (reproducing the model cancellation form in Part B of Schedule 3 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
- On receipt of a statement of withdrawal, the Service Provider shall immediately send the Client confirmation of its receipt by e-mail.
- The Service Provider informs, and the Client acknowledges, that the right of withdrawal does not apply to an Agreement for the provision of a service that has been fully performed where the Client gave prior express consent to performance beginning before the end of the withdrawal period and acknowledged that they would thereby lose the right to withdraw, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- Where withdrawal concerns an Agreement for a service that has not been fully performed, the Service Provider shall refund the price of the Package, reduced by the value of the services already used, within 14 (fourteen) days from receipt of the withdrawal statement, using the same method of payment as the Client's original transaction, unless the Client expressly agrees otherwise. The Service Recipient does not bear the costs of the refund.
- Pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if the Client withdraws from the Agreement regarding delivery of the Subject of the Digital Service, the Client is obliged to cease using it and refrain from making it available to third parties.
§ 10. Liability of the Service Provider
- The Service Provider undertakes to provide services with due diligence.
- Without prejudice to paragraph 7 below, and, in the case of Consumers and Entrepreneurs with Consumer rights, only to the extent that such exclusion is fair and does not exclude any liability that cannot lawfully be excluded under the Consumer Rights Act 2015 or other applicable law, to the extent permitted by English law, including the Consumer Rights Act 2015, the Service Provider shall not be liable to Clients for the consequences of: use of Application services contrary to their intended purpose; provision of incorrect or false data by Users; or the effects of unauthorised access to the Account Service resulting from disclosure of access data by the User or its insufficient protection by the Service Recipient.
- In relation to Service Recipients who are not Consumers or Entrepreneurs with Consumer rights, the Service Provider's liability for damages arising from non-performance or improper performance is limited to actual losses incurred, up to the total remuneration paid by the Client over the 12 (twelve) months preceding the damage.
- Subject to paragraph 7 below, and, in the case of Consumers and Entrepreneurs with Consumer rights, only to the extent such exclusion is fair and does not exclude liability that cannot lawfully be excluded, to the extent permitted by English law, the Service Provider shall not be liable for disruptions in the functioning of the Application resulting from force majeure, necessary conservation and modernisation works, reasons attributable to the Client, or reasons beyond the Service Provider's control, including acts of third parties for which the Service Provider is not responsible.
- The Service Provider undertakes to carry out the works referred to in section 4 above in the least burdensome way possible for Clients and, where possible, to inform them in advance.
- The Service Provider undertakes, as far as possible, to remove disruptions in the functioning of the Application on an ongoing basis.
- Nothing in this § 10 excludes or limits the Service Provider's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited under English law.
§ 11. Complaints regarding the Subject of the Digital Service
- The provisions of this § 11 apply only to: Service Recipients who are Consumers or Entrepreneurs with Consumer rights; the Agreement for the provision of the Account Service and the Agreement for the provision of the Application Use Service, unless a specific provision applies only to one of them; and Non-compliance of the relevant Digital Service with the Agreement for its provision.
- The Subject of the Digital Service provided to the Client must comply with the Agreement for its delivery, at the time of delivery (if delivered once or in parts) or throughout the period of delivery (if delivered continuously).
- The Service Provider is liable for Non-compliance in accordance with sections 42 to 45 of the Consumer Rights Act 2015 (UK), including Non-compliance existing at the time of delivery and disclosed within the period recognised under that Act, or disclosed during the period of continuous delivery, as applicable.
- In the event of disclosure of Non-compliance, the Client may file a complaint requesting that the Subject of the digital service be brought into compliance with the Agreement.
- The complaint is submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
- The complaint should include: name and surname of the Client; e-mail address; a description of the Non-compliance revealed; and a request to bring the Subject of the digital service into compliance with the Agreement.
- In accordance with section 43 of the Consumer Rights Act 2015, the Service Provider may decline to repair or replace the Subject of the digital service if this is impossible or would require the Service Provider to incur disproportionate costs.
- After considering the complaint, the Service Provider shall provide the Client with a response, either: (a) acknowledging the complaint and indicating the planned date for bringing the Subject of the digital service into compliance; (b) declining to do so for the reasons indicated in paragraph 7 above; or (c) rejecting the complaint as unfounded.
- The Service Provider shall respond to the complaint by e-mail within 14 (fourteen) days from its receipt.
- If the complaint is accepted, the Service Provider shall, at its own expense, bring the Subject of the digital service into compliance within a reasonable time and without undue inconvenience to the Client, considering its nature and purpose. The Service Provider shall indicate the planned date for doing so in its response to the complaint.
- Where Non-compliance is disclosed, the Client may, in accordance with sections 44 and 45 of the Consumer Rights Act 2015, request a price reduction (which may amount to a full refund of the price paid) where repair or replacement is impossible, has not been carried out within a reasonable time or without significant inconvenience, or where the Non-compliance persists notwithstanding such an attempt; and may request a refund, rather than a price reduction, only in the circumstances recognised under section 45 of that Act (in particular where the Service Provider did not have the right to supply the relevant digital content). Unlike the position for goods, the Consumer Rights Act 2015 does not confer on the Client a general right to reject the Subject of the digital service and treat the Agreement for its delivery as at an end on account of Non-compliance alone. Without prejudice to paragraph 20 below, and subject to it, the remedies available under paragraph 11 above are limited to Non-compliance disclosed within 1 month of delivery of the relevant Digital Service (the "Warranty Period"). For a Consumer or an Entrepreneur with Consumer rights, this limitation does not restrict any right that cannot lawfully be limited under the Consumer Rights Act 2015, and is enforceable against such a Client only to the extent permitted by that Act; for a Client who is neither a Consumer nor an Entrepreneur with Consumer rights, the Warranty Period applies as agreed.
- A statement requesting a price reduction or refund may be submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
- The statement should contain: name and surname of the Client; e-mail address; the date of delivery of the Digital Service Subject; a description of the Non-compliance revealed; the remedy requested from among those indicated in paragraph 11 above; and, where a price reduction is requested, an indication of the reduced price.
- The Service Recipient may not request a price reduction if the Non-compliance concerns the Account Service provided free of charge.
- The Service Provider is not entitled to demand payment for the period during which the Application Use Service was inconsistent with the Agreement for its provision, even if the Client used it before exercising a remedy under this § 11.
- Any price reduction must be proportionate to the extent to which the value of the non-conforming Application Use Service falls short of the value it would have had if conforming, by reference to the Package purchased.
- The Service Provider shall reimburse amounts due under this § 11 without undue delay, and in any event within 14 (fourteen) days from receipt of the Client's statement.
- Where a remedy under this § 11 results in termination of the Agreement for the provision of the Account Service, the Service Provider deletes the Account immediately after receiving the Client's statement.
- Where, before such termination, the Service Recipient had also concluded an Agreement for the provision of the Application Use Service, termination of the former is tantamount to simultaneous termination of the latter, with the same effects as termination for Non-compliance under this § 11.
- Nothing in this § 11 limits or excludes any right that a Consumer or Entrepreneur with Consumer rights has under the Consumer Rights Act 2015 or any other mandatory provision of English law; in the event of any conflict between this § 11 and such statutory rights, the statutory rights prevail.
§ 12. Intellectual property of the Service Provider
- All components of the Application, in particular its name, logo, photos and descriptions, principles of operation, graphic elements, interface, software, source code and databases, are subject to legal protection under the Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994, the Registered Designs Act 1949, the common law of passing off, and other applicable provisions of English law, including applicable provisions of European Union law to the extent relevant to Service Recipients located in the EU.
- Any use of the Service Provider's intellectual property without its prior, express permission is prohibited.
- By uploading User Content to the Account, the User grants the Service Provider a non-exclusive, worldwide, royalty-free licence to host, store, reproduce and process the User Content solely to the extent necessary to provide the Digital Service to the Client, for the duration of the Agreement. The User retains all other rights in the User Content, and the Service Provider does not use the User Content for any purpose beyond providing the Digital Service without the User's separate consent.
§ 13. Processing of personal data
- Information on the processing of personal data by the Service Provider can be found in the Privacy Policy available at: https://www.cctvdesigntool.com/privacy-policy.
- The terms and conditions for entrusting the processing of personal data by the Client to the Service Provider are specified in the Personal Data Processing Agreement, constituting Annex No. 1 to the Regulations, which addresses the Service Provider's obligations as a processor under the UK GDPR and, where the Client is established in or the processing otherwise concerns data subjects in the European Union, the EU GDPR.
§ 14. Out-of-court dispute resolution
- The provisions of this § 14 apply only to Service Recipients who are Consumers.
- The Service Recipient has the option of using out-of-court complaint and redress methods.
- Detailed information on out-of-court complaint and redress methods available to the Client, and the rules of access to these procedures, is available from: Citizens Advice (www.citizensadvice.org.uk); Trading Standards, via the Citizens Advice consumer helpline; and, where applicable, an alternative dispute resolution (ADR) provider accredited under Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, as listed by the Chartered Trading Standards Institute (CTSI).
§ 15. Changing the Digital Service
- Under this § 15: (a) the Account Service and the Application Use Service are jointly referred to as the "Service", unless a specific provision applies only to one of them; (b) the Agreement for the provision of the Account Service and the Agreement for the provision of the Application Use Service are jointly referred to as the "Service Provision Agreement", unless a specific provision applies only to one of them.
- The Service Provider may change the Service where necessary to: adapt the Service to newly created devices or software used by Clients; improve the Service by adding or modifying functionalities; or comply with a legal obligation, including the obligation to adapt the Service to the current legal status.
- Changing the Service may not involve any costs to a Client who is a Consumer or an Entrepreneur with Consumer rights.
- The Service Provider informs Service Recipients of changes to the Service by a message on the Account, and independently may notify Clients by e-mail.
- Where a change to the Service will significantly and negatively affect access to the Service for a Client who is a Consumer or Entrepreneur with Consumer rights, the Service Provider must inform the Client of the nature and timing of the change, and of the Client's right to terminate the Service Provision Agreement with immediate effect within 30 (thirty) days of the change.
- The information referred to in paragraph 5 above shall be sent by e-mail no later than 7 (seven) days before the change.
- Termination under paragraph 5(b) above takes place by a statement sent to the Service Provider, which may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
- Termination under paragraph 5(b) above has the same effects as termination for Non-compliance under § 11 of the Regulations.
§ 16. Price list
- The current Price List is available at: www.cctvdesigntool.com.
- The Price List may provide that a certain number of Application Use Services may be used by the Client free of charge.
- The Service Provider may change the Price List at any time.
- A change to the Price List does not affect the amount of fees specified in Agreements concluded before the change.
§ 17. Amendments to the Terms and Conditions
- The Service Provider may make changes to the Regulations in the case of: changes in the subject of the Service Provider's activity; commencement of new services, modification of existing services, or discontinuation of services; technical modification of the Application requiring adaptation of the Regulations; or a legal obligation to make changes, including adapting the Regulations to the current legal status.
- Users will be informed of an amendment by publication of the amended version in the Application, and independently by e-mail.
- Agreements for the provision of the Application Use Service concluded before an amendment remain governed by the Regulations then in force.
- A Service Recipient who does not agree to an amendment may terminate the Agreement for the provision of the Account Service with immediate effect within 10 (ten) days of receiving notice of the change. Absence of termination is deemed consent to the change.
- Termination under paragraph 4 above takes place by a statement sent to the Service Provider, which may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
- Immediately after receiving the statement referred to in paragraph 5 above, the Service Provider deletes the Account.
§ 18. Final provisions
- The current version of the Regulations is effective from 01.08.2026.
- The Regulations are governed by the law of England and Wales. Any disputes under these Regulations shall be resolved by amicable negotiations and, failing agreement, before the courts of England and Wales, provided that nothing in this clause shall deprive a Consumer resident in another part of the United Kingdom, or in the European Union, of the protection afforded to them by the mandatory consumer protection provisions of the law of their country of residence.
- In matters not covered by the Regulations, the applicable provisions of English law shall apply.
- If any provision of these Regulations is held to be invalid or unenforceable, that provision shall be deemed severed and the remaining provisions shall continue in full force and effect.
- These Regulations, together with the Privacy Policy, the Price List, and any Personal Data Processing Agreement, constitute the entire agreement between the Parties in relation to their subject matter, superseding all prior agreements and understandings between them on that subject matter.
- A failure or delay by the Service Provider in enforcing any provision of these Regulations shall not be treated as a waiver of that provision or of any other provision.
- The Service Recipient may not assign or transfer its rights or obligations under the Agreement without the prior written consent of the Service Provider. The Service Provider may assign or transfer its rights and obligations under the Agreement, including in connection with a transfer of its business, provided this does not reduce the statutory protections available to a Consumer or Entrepreneur with Consumer rights.
Appendix No. 1 to the Terms and Conditions – Entrustment Agreement
PERSONAL DATA PROCESSING AGREEMENT (hereinafter: "Entrustment Agreement") concluded by and between the Service Provider (hereinafter also: the "Processing Entity"), and the Service Recipient (hereinafter also: the "Controller"), hereinafter collectively referred to as the "Parties" and each of them individually as a "Party".
Recitals
Whereas: (1) the Service Provider and the Service Recipient have entered into the Service Agreement (hereinafter: the "Master Agreement"); (2) the provision of the Services requires the Service Provider to process the Participants' personal data within the meaning of the UK GDPR (the UK General Data Protection Regulation, as retained and amended in UK law) and, to the extent the Controller is established in the European Union or the processing otherwise concerns data subjects in the European Union, Regulation (EU) 2016/679 (the "EU GDPR") (together, as applicable, the "GDPR"), which gives rise to obligations of the kind indicated in Article 28 of the GDPR, including the conclusion of the agreement set out in this provision;
§ 1. Entrustment of the processing of personal data
- The Controller entrusts the Processing Entity with the processing of personal data pursuant to Article 28 GDPR (meaning, as applicable, Article 28 of the UK GDPR and/or Article 28 of the EU GDPR).
- The Controller represents that it is the controller of the data entrusted to the Processing Entity under the Entrustment Agreement, or a processing entity authorised to further entrust the data to the Processing Entity.
- The Controller hereby entrusts the Processing Entity with the processing of personal data within the scope specified in § 2 hereof.
- Capitalized terms used herein shall have the meaning given to them in the Terms and Conditions or the GDPR, unless a specific provision hereof provides otherwise.
§ 2. Subject matter, nature, purpose, and duration of data processing
- Personal Data entrusted by the Controller shall be processed by the Processing Entity only upon the Controller's documented instruction and solely for the purpose of providing the Services. The Parties deem conclusion of the Service Agreement to be a "documented instruction".
- The categories of personal data which are the subject of the entrustment and the categories of entrusted data subjects are indicated in Appendix No. 1 hereto.
- The personal data entrusted by the Controller hereunder shall not constitute special categories of data referred to in Article 9 GDPR or data relating to criminal convictions and offences referred to in Article 10 GDPR.
- The processing of the entrusted personal data will be carried out using IT systems (in an automated manner) and, where applicable, in paper form (in a non-automated manner).
§ 3. Obligations, rights, and representations of the Processing Entity
- The Processing Entity undertakes to secure the entrusted personal data by implementing and maintaining technical and organisational measures appropriate to the nature, scope, context and purpose of the processing, so that the processing meets the requirements of the GDPR.
- The Processing Entity undertakes to ensure that persons authorised to process the entrusted personal data are bound by confidentiality obligations or are subject to an appropriate statutory secrecy obligation.
- The Processing Entity undertakes, to the extent justified by the subject matter of the Entrustment Agreement, to assist the Controller in complying with its obligation to respond to data subject requests under applicable law, including Chapter III of the GDPR.
- The Processing Entity undertakes to immediately notify the Controller of: (a) any breach of the protection of the entrusted personal data (meaning any accidental or unlawful destruction, loss, modification, unauthorised disclosure of, or unauthorised access to, the entrusted personal data), no later than 24 hours from the Processing Entity becoming aware of the breach, including where the breach originates with a sub-processor; (b) any request received from a data subject, refraining from responding until the Controller's instructions are received, no later than 24 hours after receipt of the request; (c) any legally authorised request to disclose personal data to a competent state authority, unless prohibited by law; (d) any compliance checks on the processing of personal data carried out by a supervisory authority, and the results thereof, and any other action taken by public authorities concerning such data.
- The Processing Entity undertakes, to the extent justified by the subject matter hereof and the information available to it, to assist the Controller in complying with its obligations under Articles 32 to 36 GDPR concerning the security of processing, notification of a personal data breach, and data protection impact assessments and related consultations with a supervisory authority.
- The Processing Entity undertakes to: (a) provide the Controller, within 14 days of a request, with all information and documents necessary to demonstrate the Controller's compliance with its obligations under applicable law; (b) enable the Controller or its authorised auditor to carry out audits, including inspections, on terms to be agreed from time to time and subject to this Section.
- An audit under Section 6(b) above may be carried out not earlier than 14 days from the Processing Entity's receipt of notice of intention to conduct it, on a date agreed by the Parties, and after conclusion of a confidentiality agreement between the Processing Entity and the Controller or its authorised auditor.
- On completion of an audit, the Parties shall draw up a report in 2 copies signed by authorised representatives of both Parties. The Processing Entity may raise objections within 5 Business Days of signature.
- Where an audit identifies shortcomings affecting the security of processing of the entrusted personal data, the Processing Entity undertakes to comply with the recommendations of the Controller or its authorised auditor.
§ 4. Controller's Obligations
- The Controller must ensure that, throughout the Entrustment Agreement, it has a legal basis for processing the entrusted personal data and appropriate entitlement to entrust it to the Processing Entity. If the Controller loses such basis or entitlement, it shall immediately take steps to cease entrusting the relevant data and notify the Processing Entity.
- The Controller undertakes not to give instructions regarding the processing of entrusted personal data that would conflict with applicable law, the Entrustment Agreement, or other contractual obligations.
§ 5. Further Entrustment of Personal Data
- The Controller grants its general consent for the Processing Entity to further entrust the processing of personal data ("subcontracting") to subcontractors of its choice.
- The Processing Entity undertakes to ensure that: (a) each sub-processor applies appropriate technical and organisational measures to ensure processing in accordance with the GDPR; (b) the scope of a sub-processor's data protection obligations corresponds to the Processing Entity's obligations hereunder.
- Where the Processing Entity intends to subcontract processing to a particular subcontractor, it shall notify the Controller by e-mail no later than 7 (seven) days before subcontracting. The Controller may object by e-mail within 7 (seven) days of the notification.
- On expiry of the objection period referred to in Section 3 above without objection, the Processing Entity may subcontract to the selected subcontractor.
- If an objection is raised under Section 3 above, the Processing Entity shall not proceed with the proposed subcontracting to that subcontractor; where continuing to provide the Services without that subcontractor is not reasonably possible, the Processing Entity may rescind the Master Agreement with immediate effect.
- Subcontracting referred to in Section 3 above shall not constitute an amendment to the Entrustment Agreement.
§ 6. Term of the Entrustment Agreement
The Entrustment Agreement is concluded for the duration of the Master Agreement and terminates upon termination, cancellation, or expiration of the Master Agreement.
§ 7. Effects of Termination of the Entrustment Agreement
On termination of the Entrustment Agreement, the Processing Entity undertakes, without delay and no later than 14 (fourteen) Business Days from termination, to return to the Controller and remove from its own carriers (including electronic carriers) all entrusted personal data, except to the extent that continued storage for a longer period is required by applicable law.
§ 8. Final Provisions
- Appendix No. 1 (Categories of personal data entrusted and categories of data subjects) forms an integral part of the Agreement.
- The provisions of § 17 of the Terms and Conditions apply respectively to amendments to the Entrustment Agreement.
- In all matters not regulated herein, the provisions of the Terms and Conditions, the GDPR, and applicable English law shall apply.
- The limitation of liability set out in § 10.3 of the Terms and Conditions applies to liability arising under this Entrustment Agreement to the same extent as it applies to liability arising under the Terms and Conditions generally, unless applicable law prevents such a limitation from applying to a particular head of liability (for example, liability arising from a breach of the entrusted personal data to the extent it cannot lawfully be limited).
Appendix No. 2 to the Entrustment Agreement – Categories of personal data entrusted and categories of personal data subjects
- No. 1. User — Name(s), surname, contact details
- No. 2. Authorised Users of the Client granted access to the Account — Name(s), surname, e-mail address, role/position
- No. 3. Contact persons at the sites/premises for which the Client uses the Application to design CCTV layouts — Name(s), surname, e-mail address, address of the site or premises
- No. 4. Individuals who may incidentally appear in floor plans, site photographs, or other User Content uploaded by the Client, to the extent such materials identify a natural person — Images and any other personal data incidentally contained in such User Content
Appendix No. 3 to the Terms and Conditions – Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the Agreement)
To: TECHMAGIC UK LTD, 41 Devonshire Street, Ground Floor, London W1G 7AJ, United Kingdom, e-mail: contact@cctvdesigntool.com:
- I/We* hereby give notice that I/We* cancel my/our* contract for the supply of the following service*,
- Ordered on*/received on*,
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date
* Delete as appropriate.
