Terms of Service

1. About these terms

These terms (the "Terms") form a binding agreement between you (the "Customer") and Voll Studios Ltd, a company registered in England and Wales (company number 09302803, registered office 5 Brayford Square, London, England, E1 0SG). They govern your use of the TPSClear application and related services ("TPSClear", the "Service").

By installing TPSClear from a CRM marketplace, generating an API key, or otherwise using the Service, you accept these Terms. If you are accepting these Terms on behalf of an organisation, you confirm you have authority to bind that organisation.

2. The Service

TPSClear is a DMA-licensed UK TPS and CTPS list cleaner. The Service is delivered as:

• A REST API for direct integration into the Customer's own systems.
• Native CRM integrations that call the API on the Customer's behalf, configure custom fields, and write verdicts back to CRM records. HubSpot is live; other integrations are in build.

Features available at any time are described on tpsclear.co.uk. The Service is provided on an as-is, as-available basis as described in section 14.

3. Beta status

TPSClear is currently in private beta. The Service may be modified, suspended, or restricted during this period. Free-tier and beta usage is provided subject to fair-use limits. Pricing for general availability will be published on the pricing page with at least 60 days' written notice before any change to active beta accounts.

4. Customer accounts and credentials

The Customer is responsible for the account through which TPSClear is accessed and for everything done under it, including:

• keeping CRM credentials, OAuth installations, and TPSClear API keys secure;
• ensuring API keys are not embedded in client-side code, public repositories, or distributed to unauthorised parties;
• rotating API keys promptly if compromise is suspected and notifying us in writing within 72 hours of becoming aware of a compromise;
• the lawful basis on which phone numbers are submitted to the Service for screening.

We may suspend or revoke credentials immediately if we reasonably believe they are being used in breach of these Terms or to compromise the security or integrity of the Service.

5. Acceptable use

The Customer agrees not to:

• use the Service for any unlawful, fraudulent, or harmful purpose, or in breach of UK PECR, the UK GDPR, or other applicable law;
• attempt to circumvent security, rate-limiting, or quota measures, or probe the Service for vulnerabilities except under a co-ordinated disclosure agreement with us;
• resell, sublicense, redistribute, or expose TPSClear verdicts to third parties as a screening service in their own right (verdicts may be used freely within the Customer's own organisation and on records held in the Customer's own CRM);
• use the Service to enrich, build, or maintain a TPS/CTPS dataset for redistribution, including by scraping or systematic enumeration;
• use the Service to call any number for which the Customer does not have a lawful basis to call. TPSClear provides screening verdicts; compliance responsibility for marketing calls remains with the Customer;
• reverse engineer, decompile, or disassemble the Service except to the extent expressly permitted by law.

6. Compliance disclaimer

TPSClear is a list-cleaning tool that helps the Customer meet its obligations under PECR. It does not constitute legal advice, and using it does not on its own discharge the Customer's compliance duties. The Customer remains responsible for the lawfulness of its marketing calls. If in doubt, take advice from a qualified UK solicitor or in-house counsel.

7. Data protection

Our handling of personal data is set out in our Privacy Policy, which forms part of these Terms. For data submitted to the Service for screening (CRM records or API request payloads), the Customer is the data controller and TPSClear is the data processor. A Data Processing Agreement is available on request to formalise this arrangement.

8. Intellectual property

The Service, including its software, interfaces, documentation, branding, and underlying compiled register data, is owned by Voll Studios Ltd or its licensors. Subject to the Customer's compliance with these Terms, we grant the Customer a non-exclusive, non-transferable, revocable licence to use the Service during the term of these Terms, solely for the Customer's internal business purposes.

The Customer retains all rights in data the Customer submits to the Service. The Customer grants us a non-exclusive, worldwide, royalty-free licence to host, transmit, and process that data only as necessary to deliver, secure, and improve the Service, in accordance with the Privacy Policy and any applicable DPA.

Aggregated and de-identified data (for example, total verdicts returned per period, or distribution of clean vs listed across the dataset, in a form that cannot be used to identify any person or Customer) may be used by us for service-improvement and reporting purposes.

The TPS and CTPS register data is licensed to us by the Direct Marketing Association under the DMA TPS Assured list-cleaner programme. Nothing in these Terms transfers the DMA's underlying rights to the Customer.

9. Service availability

We aim to keep the Service available at all times but do not guarantee uninterrupted access. We may carry out maintenance, release new versions, or temporarily restrict the Service to protect its integrity. We will give reasonable notice of planned downtime where practicable. Specific availability commitments may be provided to enterprise customers under a separate service-level agreement.

10. Fees and billing

The Service is free during private beta. After general availability, paid tiers are billed monthly in advance in pounds sterling, by card or invoice. Beta participants will receive at least 60 days' written notice before any pricing takes effect for their account, in line with the beta promise on the pricing page. Volume usage above a tier's included lookups may be subject to overage charges as described on the pricing page at the time of use.

11. Term and termination

These Terms apply for as long as the Customer uses the Service. The Customer may stop using the Service at any time by uninstalling the CRM app and revoking API keys. We may suspend or terminate access if the Customer breaches these Terms, if required by law, or if we discontinue the Service on reasonable notice. On termination, the rights granted to the Customer under these Terms end. Provisions that by their nature should survive (sections 5, 6, 8, 13, 14 and 15) will survive.

12. Confidentiality

Each party may receive confidential information from the other in connection with these Terms. Each party will protect the other's confidential information using at least the same standard of care it uses for its own (and not less than a reasonable standard), and will use it only to perform under these Terms. This obligation does not apply to information that is public, independently developed, or received from a third party without restriction, or that must be disclosed by law on prior notice where lawful.

13. Publicity

Neither party will use the other's name, logo, or trademarks in publicity or marketing without prior written permission, except that each party may identify the other as a customer or vendor in factual lists once a written agreement is in place.

14. Disclaimer and liability

To the maximum extent permitted by law, TPSClear is provided "as is" and "as available". Voll Studios Ltd disclaims all implied warranties, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. Without limiting the foregoing, we do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful code, or that verdicts will be free from latency between TPS/CTPS register updates and our reference data refresh.

Voll Studios Ltd's total aggregate liability arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), under statute or otherwise, is limited to the greater of (a) the fees paid by the Customer in the twelve months preceding the claim or (b) one hundred pounds sterling (£100). Voll Studios Ltd is not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or lost goodwill, even if advised of the possibility of such damages.

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 limited or excluded.

15. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service, except that we may seek injunctive or equitable relief in any competent court to protect our intellectual property or confidential information.

16. Changes

We may update these Terms from time to time. Material changes will be announced on this page and, where appropriate, by direct communication to active customers. Continued use of the Service after a change constitutes acceptance of the updated Terms.

17. General

These Terms, the Privacy Policy, and any DPA or order form executed between the parties form the entire agreement regarding the Service and supersede prior agreements on the same subject. If any provision is found unenforceable, the rest will remain in effect. Failure to enforce a provision is not a waiver. The Customer may not assign these Terms without our written consent. We may assign them to a successor in connection with a merger, acquisition, or sale of substantially all of our assets, on notice.

18. Contact

Email hello@tpsclear.co.uk or write to Voll Studios Ltd at the registered address above.