Terms of service

These Terms of Service (the "Terms") govern access to and use of the WorkWing field service management platform (the "Service") provided by Littlebourne Labs Ltd, a company registered in England and Wales with company number 17119449, whose registered office is at 128 City Road, London, EC1V 2NX, trading as WorkWing ("WorkWing", "we", "us").

By creating an account, clicking to accept, or using the Service, the organisation on whose behalf the account is created (the "Customer", "you") agrees to these Terms. The individual accepting warrants that they have authority to bind the Customer.

The Service is provided for business use only. It is not offered to, and must not be used by, consumers acting outside a trade, business, craft, or profession.

1. Definitions

1.1 "Agreement" means these Terms together with the documents incorporated by clause 12 and clause 20.7.

1.2 "Authorised User" means an individual authorised by the Customer to use the Service under the Customer's account, including administrators, dispatchers, operators, and field workers.

1.3 "Customer Data" means data submitted to the Service by or on behalf of the Customer or its Authorised Users, including personal data of the Customer's staff, contractors, and end customers.

1.4 "DPA" means the WorkWing Data Processing Agreement published at https://workwing.io/legal/dpa, as in force from time to time in accordance with its terms.

1.5 "Documentation" means WorkWing's then-current published documentation for the Service.

1.6 "Plan" means the subscription tier, included usage allowances, and any usage-based charges selected by the Customer in the Service or in an order agreed with WorkWing.

1.7 "Subscription Term" means each monthly or annual billing period of the Customer's Plan, as selected at purchase.

2. The Service

2.1 WorkWing shall provide the Service to the Customer, and grants the Customer a non-exclusive, non-transferable right for its Authorised Users to use the Service during the Subscription Term for the Customer's internal business purposes, in accordance with the Agreement and the Documentation.

2.2 The Service comprises the WorkWing web application, mobile application, customer-facing job status portal, public API, and associated notification features (email and SMS), as described in the Documentation and as enabled by the Customer's Plan and configuration.

2.3 WorkWing shall provide the Service with reasonable skill and care. WorkWing does not warrant that the Service will be uninterrupted or error-free. Planned maintenance will, where reasonably practicable, be notified in advance and scheduled outside normal UK business hours.

2.4 WorkWing may improve, modify, or update the Service, provided that it does not materially reduce the core functionality of the Customer's Plan during a paid Subscription Term. WorkWing may withdraw features that are marked as beta, preview, or experimental at any time.

2.5 WorkWing shall provide support via the channels described in the Documentation during UK business hours.

3. Accounts and Authorised Users

3.1 The Customer is responsible for: (a) the accuracy of its account information; (b) allocating and managing Authorised User access, roles, and permissions; (c) all activity under its account and by its Authorised Users; and (d) keeping credentials confidential and enabling appropriate security features (including two-factor authentication where available).

3.2 The Customer shall ensure each Authorised User complies with the Agreement. An act or omission of an Authorised User is treated as an act or omission of the Customer.

3.3 The Customer shall notify WorkWing without undue delay on becoming aware of any unauthorised access to its account.

4. Customer Data

4.1 As between the parties, the Customer owns all right, title, and interest in Customer Data. WorkWing acquires no rights in Customer Data other than the limited rights in this clause 4.

4.2 The Customer grants WorkWing a non-exclusive licence to host, copy, transmit, display, and otherwise process Customer Data solely: (a) to provide, secure, and support the Service; (b) as instructed by the Customer through its use and configuration of the Service; and (c) as required by law.

4.3 WorkWing may generate and use data derived from use of the Service that is aggregated and anonymised such that it does not identify the Customer or any individual, for the purposes of operating, benchmarking, and improving the Service.

4.4 The Customer is responsible for the accuracy, quality, and legality of Customer Data and for its decisions about what data to collect through the Service, including through custom fields and forms.

4.5 The Customer can export Customer Data at any time during the Subscription Term, and throughout the post-termination grace period, using the Service's export tooling. Deletion and return of Customer Data on termination are governed by the DPA, which also entitles the Customer to request a final export before the grace period ends.

5. Customer responsibilities to its staff and its customers

The Service includes features whose lawful use depends on decisions only the Customer can make as the employer of, or contracting party with, the people concerned. The Customer, as controller of that data, is responsible for those decisions. In particular:

5.1 Worker location tracking. GPS tracking of field workers is disabled by default and is enabled by the Customer per its own policy. Before enabling it, the Customer must establish a lawful basis (including any required legitimate interests assessment), inform its workers, and configure retention appropriately. The DPA describes this processing, and WorkWing will provide further information about how the feature works on request, to assist that assessment.

5.2 Worker activity records. The Service records operational activity such as job assignment history, audit trails, and contact-attempt logging. The Customer must reflect this processing in its own workplace privacy notices.

5.3 Messages to the Customer's customers. Email and SMS notifications (for example job confirmations, reschedules, and en-route alerts) are sent on the Customer's instruction and in the Customer's name. The Customer warrants that it is entitled to have those messages sent to the recipients concerned and that recipient contact details are accurate. SMS delivery is currently available to UK numbers only.

5.4 Customer portal. Where the Customer enables the job status portal, it is responsible for deciding what its customers should see, within the field set the portal supports.

5.5 Special category data. The Service does not require special category data. The Customer must not store special category data in custom fields, forms, notes, or attachments unless it has a valid UK GDPR Article 9 condition.

6. Acceptable use

6.1 The Customer shall not, and shall ensure Authorised Users do not: (a) use the Service unlawfully or to infringe any third party's rights; (b) upload malicious code or content that is unlawful, defamatory, or infringing; (c) attempt to gain unauthorised access to the Service, other customers' data, or underlying infrastructure; (d) probe, scan, or test the vulnerability of the Service without WorkWing's prior written consent; (e) resell, sublicense, or provide the Service to third parties as a service bureau, except that giving the Customer's own end customers access to the portal is permitted; (f) reverse engineer the Service except as permitted by law; or (g) exceed, circumvent, or attempt to circumvent usage limits, including API rate limits.

6.2 API access is subject to the published rate limits and scope restrictions of the Customer's API keys. The Customer is responsible for keeping API keys and webhook secrets confidential and for rotating them if compromised.

6.3 Fair use. Where a Plan describes an allowance as unlimited (for example team members), it is unlimited for the Customer's ordinary business use and is subject to fair use. WorkWing may apply a technical ceiling set well above ordinary use, to prevent automated, bulk or abusive account creation. WorkWing will state the current ceiling on request and will raise it for the Customer's genuine business use on request, at no additional charge.

7. Fees and payment

7.1 The Customer shall pay the fees for its Plan: recurring subscription fees in advance, and any usage-based charges (for example usage beyond Plan allowances) in arrears, in each case as set out in the Plan at the point of purchase.

7.2 Payment is collected by card or direct debit through WorkWing's payment provider. The Customer authorises recurring collection of fees due. Invoices and VAT receipts are made available in the Service.

7.3 Fees are exclusive of VAT and any other applicable taxes, which the Customer shall pay in addition at the prevailing rate.

7.4 Fees are non-refundable except: (a) as expressly stated in the Agreement (including the DPA's sub-processor objection remedy and the pro-rata refund on rejection of a material change under clause 18.2); or (b) where required by law.

7.5 WorkWing may change Plan pricing on at least 30 days' notice; changes take effect from the Customer's next Subscription Term. If the Customer does not accept a price change, it may cancel with effect from the end of the current Subscription Term.

7.6 If any undisputed amount is overdue by 14 days or more, WorkWing may, on notice: suspend the Service until payment is made, and charge interest as permitted by law.

8. Trials and free tiers

Where WorkWing offers a free trial or free tier, it is provided "as is" without any availability or support commitment, and may be modified or withdrawn at any time. Data in a trial or free-tier account is handled on expiry exactly as data in a paid subscription is handled on termination: the 90-day grace period and deletion process in clause 10.4 and the DPA apply, and there is no separate trial deletion rule. Clause 15 caps apply to trials at the level stated there.

9. Suspension

9.1 WorkWing may suspend the Service, wholly or partly, with immediate effect if reasonably necessary to: (a) address a security incident or threat to the Service or its customers; (b) prevent unlawful use or a material breach of clause 6; or (c) comply with law. WorkWing shall notify the Customer promptly, limit suspension to what is necessary, and restore the Service once the ground for suspension is resolved.

9.2 Suspension does not relieve the Customer of its payment obligations for the affected period where the suspension results from the Customer's breach.

10. Term and termination

10.1 The Agreement starts when the Customer accepts these Terms and continues for successive Subscription Terms until terminated in accordance with this clause 10.

10.2 Either party may terminate the Agreement with effect from the end of the current Subscription Term; the Customer does so by cancelling in the Service or on written notice.

10.3 Either party may terminate immediately on written notice if the other: (a) commits a material breach and, where remediable, fails to remedy it within 30 days of written notice; or (b) becomes insolvent, enters administration or liquidation, or suffers any analogous event.

10.4 On termination or expiry: (a) the Customer's right to use the Service ends, save that during the grace period in the DPA the Customer retains read-only access for the sole purpose of exporting Customer Data; (b) accrued rights and obligations survive; (c) Customer Data is handled per the DPA (90-day grace period during which the Customer may export or request a final return of Customer Data, then automatic irreversible anonymisation and purge, with earlier deletion on request); and (d) clauses intended to survive (including 4.3, 11, 13, 14, 15, 19, and 20) survive.

11. Confidentiality

11.1 Each party shall keep confidential the other's non-public information obtained in connection with the Agreement, use it only to perform the Agreement, and protect it with at least reasonable care. Customer Data is the Customer's confidential information.

11.2 Disclosure is permitted to a party's personnel and professional advisers who need it and are bound by confidentiality, and where required by law or a competent authority (with notice to the other party where lawful).

11.3 This clause survives for 5 years after termination and, for Customer Data, for as long as the data is held.

12. Data protection

12.1 Each party shall comply with applicable data protection law in relation to the Agreement.

12.2 The DPA is incorporated into and forms part of these Terms. For personal data in Customer Data, the Customer is the controller and WorkWing is the processor, and the DPA governs that processing. A copy of the DPA signed by WorkWing is available on request, and the Customer may countersign it for its records; the DPA applies whether or not it is countersigned.

12.3 WorkWing processes limited data as an independent controller: Customer account administration and billing, and, for every Authorised User who signs in, their sign-in identity, session and device records, diagnostic logs generated by platform monitoring, and product usage records (which pages and features are used in each workspace, and when, without the content of any record). That processing is described in the WorkWing privacy policy at https://workwing.io/legal/privacy and is defined in clause 2.2 of the DPA. All other personal data about Authorised Users is Customer Data.

12.4 The current sub-processor list is published at https://workwing.io/legal/subprocessors and change notices are given as set out in the DPA.

13. Intellectual property

13.1 WorkWing and its licensors own all intellectual property rights in the Service, the Documentation, and all improvements. No rights are granted except as expressly stated in the Agreement.

13.2 The Customer grants WorkWing a perpetual, irrevocable, royalty-free licence to use feedback and suggestions about the Service, without obligation.

13.3 WorkWing shall defend the Customer against any third-party claim that the Service, used as permitted, infringes UK intellectual property rights, and shall indemnify the Customer for damages finally awarded or agreed in settlement, provided the Customer gives prompt notice, reasonable cooperation, and sole control of the defence to WorkWing. WorkWing may, at its option, procure a licence, modify the Service to be non-infringing, or terminate the affected subscription with a pro-rata refund. This clause states the Customer's exclusive remedy for infringement.

14. Warranties and disclaimers

14.1 Each party warrants that it has the power and authority to enter into the Agreement.

14.2 The Customer warrants that its use of the Service, its instructions, and Customer Data will comply with applicable law.

14.3 Except as expressly set out in the Agreement, all conditions, warranties, and terms implied by statute or common law are excluded to the fullest extent permitted by law, including any implied terms of satisfactory quality, fitness for a particular purpose, and non-infringement.

14.4 The Service supports the Customer's operations but does not make business decisions for it. Outputs such as schedules, route suggestions, and travel time estimates are aids; the Customer remains responsible for its operational and employment decisions.

15. Liability

15.1 Nothing in the Agreement excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot lawfully be excluded or limited.

15.2 Subject to 15.1, neither party is liable for any: loss of profits, loss of revenue, loss of anticipated savings, loss of business or opportunity, loss of goodwill, or any indirect or consequential loss.

15.3 Subject to 15.1 and 15.2, each party's total aggregate liability arising out of or in connection with the Agreement in any 12-month period is limited to the fees paid or payable by the Customer for the Service in that period, or, for free trials and free tiers, to £100.

15.4 The Customer shall indemnify WorkWing against losses arising from third-party claims caused by: (a) Customer Data or the Customer's instructions infringing law or third-party rights; or (b) the Customer's breach of clause 5 or 6.

16. Third-party services

16.1 The Service incorporates third-party services, including mapping (the Customer and its Authorised Users must comply with the applicable Google Maps/Google Earth Additional Terms of Service when using map features), payment processing, and app distribution through the Apple App Store and Google Play (whose terms apply to mobile app downloads).

16.2 Where the Customer connects the Service to third-party products (for example via the API, webhooks, or integration platforms), the Customer's use of those products is governed by its own agreement with the third party, and WorkWing is not responsible for them. Exchange of Customer Data with a connected product is at the Customer's instruction.

17. Publicity

Neither party may use the other's name or logo publicly without the other's prior written consent.

18. Changes to these Terms

18.1 WorkWing may update these Terms. Material changes will be notified at least 30 days before they take effect, by email to the Customer's admin contact or by in-product notice. Non-material changes (for example clarifications and typo fixes) may take effect on publication.

18.2 If the Customer does not accept a material change, it may terminate the Agreement by notice given before the change takes effect. Termination under this clause takes effect on the date the change would otherwise have taken effect, and WorkWing shall refund a pro-rata share of any fees prepaid for the unexpired part of the Subscription Term. The Customer is not required to remain on the changed terms for the remainder of its Subscription Term. Continued use after the effective date constitutes acceptance.

18.3 Each version of these Terms is dated and versioned; superseded versions remain available on request.

19. Governing law and jurisdiction

The Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it are governed by the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

20. General

20.1 Entire agreement. The Agreement is the entire agreement between the parties regarding its subject matter and supersedes all prior agreements and representations (save for fraudulent ones).

20.2 Assignment. The Customer may not assign the Agreement without WorkWing's prior written consent (not to be unreasonably withheld). WorkWing may assign to an affiliate or in connection with a merger, acquisition, or sale of business, with notice to the Customer.

20.3 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, provided it notifies the other and uses reasonable efforts to mitigate. If the event continues for more than 60 days, either party may terminate on notice.

20.4 Notices. Notices must be in writing: to the Customer, by email to its admin contact or by in-product notice; to WorkWing, by email to support@workwing.io with a copy to the registered office. Notices are deemed received one business day after sending (email) or on delivery (post).

20.5 Waiver and severance. A failure to enforce a right is not a waiver. If a provision is found unenforceable, the remainder continues in force and the provision applies with the minimum modification needed to make it enforceable.

20.6 Third-party rights. No one other than a party has any right to enforce the Agreement under the Contracts (Rights of Third Parties) Act 1999.

20.7 Order of precedence. If there is a conflict: (a) for the processing of personal data in Customer Data, the DPA prevails; (b) otherwise, a signed order or negotiated agreement between the parties prevails over these Terms; then these Terms prevail over the Documentation.

20.8 No partnership. Nothing in the Agreement creates a partnership, agency, or employment relationship between the parties.

WorkWing is a trading name of Littlebourne Labs Ltd, a company registered in England and Wales (company no. 17119449). Registered office: 128 City Road, London, EC1V 2NX. ICO data protection registration ZC111876.

Questions about this document? Email support@workwing.io.