1. About Experior
1.1 Experior Engineering Software provides specialist software and workflow tools for pavement investigation and associated reporting, including, without limitation:
- DCP field data capture tools.
- DCP calculation and reporting tools.
- Road core logging tools.
- Road core reporting tools.
- Associated website content, downloads, guidance materials and support communications.
1.2 The Experior website and software are intended to support professional and operational workflows such as pavement investigation, site recording, office reporting, structured logging and related technical processes.
1.3 Unless we expressly state otherwise in writing, our website, software, downloads and licence sales are intended for business and professional use.
2. Definitions
In these Terms:
- “Account” means any account, login, access credentials or user profile used to access Experior software, downloads or services.
- “Apps” means any mobile, desktop, web or related applications made available by Experior.
- “Customer” means the person, company, partnership, public body, contractor, consultant or other entity using or purchasing the Software.
- “Customer Data” means any data, information, records, files, notes, photographs, coordinates, descriptions, reports, inputs or outputs submitted to, entered into, stored in, processed by or generated through the Software by or on behalf of the Customer.
- “Documentation” means any manuals, instructions, help pages, download notes, product pages, guidance, training materials or explanatory materials made available by us.
- “Licence” means the limited right granted by us to use the Software in accordance with these Terms and any applicable order, quote, product page, licence key, download conditions or written agreement.
- “Order” means any accepted order, quote, invoice, purchase flow, checkout, renewal or similar commercial arrangement under which the Customer obtains rights to use the Software.
- “Privacy Notice” means the privacy notice published by us from time to time, as updated.
- “Software” means any Experior software, apps, desktop tools, mobile tools, related files, licence keys, updates and associated digital materials supplied by us.
- “Terms” means these Terms of Service, as amended from time to time.
- “Website” means the Experior public website and any related web pages or hosted materials made available by us.
3. Scope of these Terms
3.1 These Terms apply to:
- Your use of the Website.
- Your use of or access to the Software and Apps.
- Any trial, evaluation or download made available by us.
- Any purchase, renewal or use of a Licence.
- Any enquiry, support request or communication sent through the Website or Apps.
- Any Documentation made available by us.
3.2 These Terms apply in addition to our Privacy Notice, any applicable order, quote, invoice or product-specific terms, any written support arrangement, any applicable Data Processing Addendum or controller-processor agreement, and any lawful usage restrictions or licence conditions included with a specific product.
3.3 If there is any conflict between these Terms and a signed written agreement between you and us, the signed written agreement will prevail to the extent of that conflict.
4. Business use and authority
4.1 By using the Website or Software, you confirm that:
- You are acting on your own behalf or on behalf of a business, organisation or other entity.
- You have authority to bind that entity where you are acting on its behalf.
- You will comply with these Terms.
4.2 If you are using the Software on behalf of an employer, client, contracting authority, public body or other organisation, that organisation is responsible for ensuring that your use is authorised and compliant.
5. Website access and permitted use
5.1 You may access and use the Website only for lawful purposes and in accordance with these Terms.
5.2 You must not:
- Use the Website in breach of any applicable law or regulation.
- Interfere with, disrupt or damage the Website or any related systems.
- Attempt unauthorised access to any server, account, environment, data or service.
- Introduce malware, harmful code, scripts, bots or automated attacks.
- Scrape, harvest or systematically extract Website content except to the extent permitted by law.
- Misrepresent your identity or affiliation.
- Submit false, misleading or malicious enquiries.
- Use the Website to build or support a competing product by copying its content, layout or logic in a way that infringes our rights.
5.3 We may suspend, restrict or block access to the Website at any time where reasonably necessary for security, maintenance, legal compliance or protection of our business or users.
6. Software downloads, trials and evaluation use
6.1 We may make certain Software available for trial, evaluation or demonstration purposes.
6.2 Unless we expressly state otherwise in writing, trial or evaluation Software is supplied on a limited, revocable, non-exclusive basis, for internal review and evaluation only, for the period stated on the relevant product page, download page, installer or licence mechanism, and subject to these Terms and any product-specific restrictions.
6.3 Trial or evaluation Software must not be used beyond the stated trial period unless a valid Licence has been obtained.
6.4 We may limit, suspend, disable or expire trial functionality automatically or manually.
6.5 We do not guarantee that any trial or evaluation version will include full functionality, ongoing compatibility, uninterrupted availability or ongoing support.
7. Licence grant
7.1 Subject to payment of applicable fees and compliance with these Terms, we grant the Customer a limited, revocable, non-exclusive, non-transferable licence to install and use the Software for the Customer’s internal business purposes in accordance with these Terms, the relevant Order, the product page or purchase flow, any technical or licence-key restrictions, and any Documentation supplied with the Software.
7.2 The Licence is granted only for the scope expressly purchased or otherwise expressly permitted by us. This may include, depending on the product and order, named user access, per-device access, per-machine access, per-organisation access, term-limited use, maintenance-limited use, or another scope expressly stated by us.
7.3 No ownership rights in the Software are transferred to you. The Software is licensed, not sold.
8. Licence restrictions
8.1 Except to the extent expressly permitted by law and incapable of exclusion, you must not, and must not permit any third party to:
- Copy the Software except as reasonably necessary for authorised installation, backup or use.
- Modify, adapt, translate or create derivative works from the Software.
- Reverse engineer, decompile or disassemble the Software.
- Bypass, remove, defeat or tamper with licence controls, activation mechanisms or technical restrictions.
- Rent, lease, sublicense, distribute, resell, timeshare, host or commercially exploit the Software for third parties unless expressly authorised by us in writing.
- Use the Software to provide a bureau, outsourced processing or managed service for third parties without our written permission.
- Remove or alter any proprietary notice, copyright notice, trademark, branding or licence notice.
- Use the Software in a way that infringes our intellectual property rights or those of any third party.
8.2 If the law gives you a non-excludable right to perform a restricted act, that right applies only to the minimum extent required by law.
9. Orders, fees, payment and renewal
9.1 Fees, billing basis, tax treatment, term, renewal structure and scope of use are as set out in the relevant Order, quote, invoice, product page or purchase process in force at the time of purchase.
9.2 Unless otherwise stated, fees are exclusive of VAT and any other applicable taxes.
9.3 Payment is due in accordance with the terms stated on the invoice, checkout, quote or other commercial document.
9.4 We may suspend licence activation, support, downloads, updates or continued use where payment is overdue.
9.5 If a Licence is term-based, continued use after expiry may require renewal or purchase of a new Licence.
9.6 Unless we expressly commit otherwise in writing, we may change pricing, product packaging, support scope, renewal terms or commercial structure for future purchases or renewals.
9.7 Where recurring billing or renewal applies, this will be explained in the relevant purchase flow, order terms or commercial document.
10. Support, maintenance and updates
10.1 Any support, maintenance, update or upgrade rights are only those expressly stated by us in writing, on the relevant product page, in the Order, or in a separate support arrangement.
10.2 Unless expressly agreed otherwise, support is provided on a reasonable endeavours basis, no guaranteed response or resolution time applies, we are not obliged to provide custom development, project-specific configuration or data review, and we may decide the form, timing and scope of updates.
10.3 We may release updates, bug fixes, patches, compatibility changes or improvements at our discretion.
10.4 Some updates may require you to install a newer version or meet minimum platform requirements.
10.5 We are not responsible for issues caused by unsupported environments, unauthorised modifications, third-party software conflicts, misuse or failure to follow Documentation.
11. Customer Data
11.1 The Software may be used to capture, store, process, export and report on Customer Data, including without limitation project information, site references, DCP records, road core records, descriptions and observations, job metadata, photographs, coordinates or mapped points, timestamps, report content, and associated technical and operational records.
11.2 The Customer is responsible for the legality, accuracy and appropriateness of Customer Data entered into the Software, ensuring that it has the necessary rights, notices, permissions and lawful basis to collect and use Customer Data, deciding what Customer Data is entered into the Software and why, reviewing outputs before relying on them operationally, contractually or technically, and maintaining suitable internal controls around data quality, retention, access and project governance.
11.3 We do not verify the correctness of Customer Data entered by users and are not responsible for inaccuracies originating from user input, field conditions, project assumptions, site practices or external systems.
12. Data protection roles
12.1 Where the Customer determines the purposes and means of processing personal data through the Software, the Customer will generally act as the controller of that personal data.
12.2 Where we process such personal data solely on the Customer’s documented instructions in order to provide the Software or related services, we will generally act as the processor for that processing.
12.3 Where we process personal data for our own purposes, including without limitation account administration, billing, support handling, security, abuse prevention, product diagnostics, service analytics, legal compliance, or properly anonymised and aggregated service improvement activities, we may act as a controller in our own right for those purposes.
12.4 If a processor acts outside a controller’s instructions and determines the purpose and means of processing for itself, it may become a controller in respect of that processing.
12.5 Where required by law or appropriate to the service model, the parties may enter into a separate data processing agreement.
13. Core, site and location data
13.1 The Software may allow the Customer to record information relating to cores, DCP tests, site references, observations and associated location data.
13.2 Where location features are used, the Software may capture the location of a record such as a core, DCP test or site event at the time the record is created, updated or confirmed.
13.3 This functionality is intended to support geolocation of site records, mapping of test or core positions, report preparation, revisits and verification, site reference consistency, and operational and technical quality control.
13.4 The location feature is not intended to track a user’s movements, monitor staff behaviour, or create continuous background location history, unless a specific feature expressly states otherwise and the Customer has enabled it lawfully.
13.5 The Customer is responsible for deciding whether and when location-linked records are collected through the Software and for ensuring that any required privacy information, lawful basis, workforce notices or internal approvals are in place.
13.6 Location-linked records may still constitute personal data where they are linked, directly or indirectly, to an identifiable user, account, device or individual. Our handling of personal data is described in the Privacy Notice. The ICO’s guidance states that privacy information must be given at the time personal data is collected and that organisations should explain purposes, retention and sharing clearly.
14. Anonymised and aggregated information
14.1 We may create, use and disclose aggregated and anonymised information derived from Website use, Software use, Customer Data, technical logs, product interactions or service performance for purposes such as analytics, product improvement, service development, reliability and performance monitoring, research, benchmarking, operational insight, usage analysis, and marketing or industry commentary, provided that the resulting information does not identify, and cannot reasonably be used to identify, any individual, customer, project or site.
14.2 We do not treat pseudonymised information as anonymous merely because obvious identifiers have been removed. Where data remains personal data, we process it in accordance with applicable data protection law and our Privacy Notice. The ICO states that anonymous information falls outside data protection law only where a person is not or is no longer identifiable, and that pseudonymised data remains personal data.
14.3 The process of anonymising personal data is itself processing and must have a lawful basis and a defined purpose.
15. Privacy
15.1 Our Privacy Notice explains how we collect, use, store and share personal data relating to Website visitors, enquirers, customers, users of the Apps and Software, support contacts, and other individuals whose personal data may be processed through our systems.
15.2 You are responsible for reading the Privacy Notice and ensuring that any relevant users within your organisation are made aware of it where appropriate.
15.3 The ICO states that individuals must be provided with privacy information including purposes, retention and sharing details, and that this information should be concise, transparent, intelligible, easily accessible and in clear language.
16. Security and customer responsibilities
16.1 You must take reasonable steps to protect your systems, devices, credentials, accounts and Customer Data.
16.2 You are responsible for keeping passwords and access credentials secure, ensuring only authorised users access the Software, backing up your own data where appropriate, using supported environments and following Documentation, and applying suitable internal data security, project and IT controls.
16.3 You must notify us promptly if you become aware of unauthorised access, misuse, compromise, credential exposure or security incidents affecting the Software, your account or Customer Data stored with us.
16.4 We will take reasonable technical and organisational measures appropriate to the nature of the services we provide, but no internet-based, hosted or software system can be guaranteed completely secure or uninterrupted.
17. Third-party services, platforms and links
17.1 The Website and Software may interact with or link to third-party services, stores, hosting environments, payment processors, mapping services, operating systems or external websites.
17.2 We do not control third-party services and are not responsible for their availability, security, terms, privacy practices, compatibility changes, or content.
17.3 Your use of third-party services is governed by the terms and policies of those third parties.
18. Intellectual property
18.1 All intellectual property rights in and to the Website, Software, Apps, Documentation, reports, text, graphics, layouts, product names, branding, designs, code, database structure and related materials are owned by or licensed to Experior.
18.2 Except as expressly permitted by these Terms or by law, no part of the Website or Software may be copied, reproduced, distributed, published, transmitted, adapted or exploited without our prior written consent.
18.3 “Experior”, “DCP Data”, “DCPAnalyser”, “CoreDATA”, “RCoreAnalyser” and associated branding may be trademarks, registered trademarks or unregistered rights belonging to us or our licensors.
18.4 Nothing in these Terms gives you any ownership interest in the Website, Software or related intellectual property.
19. Feedback
19.1 If you provide suggestions, ideas, bug reports, feature requests, enhancement proposals or other feedback to us, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, modify, implement and exploit that feedback without restriction and without any obligation to you.
19.2 This does not transfer ownership of your underlying Customer Data, but it does allow us to make use of ideas or suggestions you voluntarily submit.
20. Acceptable use of Software
20.1 You must not use the Software in breach of applicable law or regulation, for fraudulent, deceptive or unlawful purposes, to infringe the rights of any third party, to upload or transmit malware or harmful code, to interfere with service integrity, licensing or access controls, or in a way that risks damage to our systems or reputation.
20.2 You must not use the Software as a substitute for professional judgement. Outputs, reports and calculations must be checked by appropriately competent personnel before being relied upon for design, technical, contractual, safety, legal or commercial decisions.
20.3 The Customer remains responsible for how the Software is used within its own workflows, contracts, project governance and quality procedures.
21. No guaranteed fitness for every workflow
21.1 The Software is designed to support specialist workflows, but no software is suitable for every organisation, every project, every standard, every field condition or every reporting requirement.
21.2 You are responsible for assessing whether the Software is suitable for your own intended use, operating environment, hardware, data handling approach and workflow requirements.
21.3 Any descriptions on the Website or in Documentation are intended to describe the Software generally and do not amount to a promise that it will meet every particular use case unless we have expressly agreed that in writing.
22. Warranties and disclaimers
22.1 To the maximum extent permitted by law, the Website and Software are provided on an “as is” and “as available” basis.
22.2 We do not warrant that the Website or Software will be uninterrupted, error-free or always available, all defects will be corrected, the Software will be compatible with all devices, operating systems, environments or third-party tools, the Software will meet all Customer requirements or all project-specific needs, or any report or output will be free from user-input errors, project assumptions or contextual limitations.
22.3 Nothing in these Terms excludes any warranty or obligation that cannot lawfully be excluded.
23. Limitation of liability
23.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
23.2 Subject to clause 23.1, we will not be liable for any indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of goodwill, loss of anticipated savings, loss, corruption or inaccuracy of data, project delay, contractual exposure, reputational loss, or claims arising from use of outputs without proper review.
23.3 Subject to clause 23.1, our total aggregate liability arising out of or in connection with the Website, Software, any Order, any Licence or these Terms shall not exceed the total fees paid by the Customer to us for the relevant Software or services in the 12 months preceding the event giving rise to the claim, or £100 if no fees have been paid.
23.4 This limitation is reasonable given the nature of the Website and Software, the Customer’s responsibility for review and project use, and the availability of internal controls and professional oversight.
24. Suspension and termination
24.1 We may suspend or terminate access to the Website, Software, Account or Licence immediately, or with such notice as we consider reasonable, where you breach these Terms, fees are overdue, use is unauthorised or unlawful, security, integrity or abuse concerns arise, we are required to do so by law, a third-party platform or dependency is withdrawn in a way that materially affects service availability, or continued provision is no longer commercially or technically viable.
24.2 On termination or expiry of a Licence, your right to use the relevant Software ends immediately unless we state otherwise, you must stop using the Software, you must if requested uninstall or disable use of the Software, and accrued rights and liabilities remain unaffected.
24.3 Clauses intended to survive termination will continue in force, including those relating to payment, intellectual property, liability, confidentiality, anonymised and aggregated information, privacy, governing law and interpretation.
25. Changes to the Website, Software and Terms
25.1 We may modify, update, replace, withdraw or discontinue any part of the Website, Software or related materials at any time.
25.2 We may amend these Terms from time to time. The updated version will apply from the effective date shown at the top of the document.
25.3 Where changes are material, we may take reasonable steps to bring them to your attention, but you are responsible for checking the current version of these Terms.
25.4 Continued use of the Website or Software after updated Terms take effect constitutes acceptance of the revised Terms.
26. Export, sanctions and compliance
26.1 You must comply with all applicable laws, regulations and restrictions relating to the import, export, use and transfer of software, technical data and related materials.
26.2 You must not use, export, re-export, transfer or provide access to the Software in breach of applicable sanctions, trade restrictions or export controls.
27. Confidentiality
27.1 Each party must keep confidential any non-public commercial, technical or operational information disclosed by the other party and marked confidential or which ought reasonably to be understood as confidential.
27.2 This clause does not apply to information that is or becomes public through no fault of the receiving party, was lawfully known to the receiving party before disclosure, is lawfully obtained from a third party without breach of confidence, or is independently developed without use of the disclosing party’s confidential information.
27.3 A party may disclose confidential information where required by law, regulation, court order or competent authority, provided that, where lawful and practical, it gives prior notice to the other party.
28. Entire agreement
28.1 These Terms, together with the Privacy Notice and any applicable Order or signed written agreement, set out the entire agreement between the parties in relation to their subject matter.
28.2 You acknowledge that you have not relied on any statement, representation or promise not expressly set out in those documents, except where the law prevents exclusion of such reliance.
29. Severability
29.1 If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be deemed modified to the minimum extent necessary to make it enforceable.
29.2 If modification is not possible, the relevant provision will be deemed severed and the remainder of the Terms will continue in full force and effect.
30. No waiver
30.1 A failure or delay by us in exercising any right or remedy under these Terms does not operate as a waiver of that right or remedy.
30.2 A waiver is effective only if given in writing.
31. Assignment
31.1 You may not assign, transfer, sublicense, novate or otherwise deal with your rights or obligations under these Terms without our prior written consent.
31.2 We may assign, transfer, subcontract, novate or otherwise deal with any of our rights or obligations under these Terms, provided this does not materially reduce the protections available to you under these Terms.
32. Governing law and jurisdiction
32.1 These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation shall be governed by the law of Scotland.
32.2 The courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, unless mandatory law requires otherwise.
33. Contact details
Questions about these Terms should be sent to:
Experior Engineering Software
9 Stonebyres Drive
Winchburgh
West Lothian
EH52 6DQ
Email: info@experior.co.uk
Website: www.experior.co.uk
