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 UK TPS and CTPS screening service, screening against register data supplied through licensed data partners. 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 records in the Customer's connected CRM.
• A free checker at tpsclear.co.uk/tps-check and tpsclear.co.uk/ctps-check, a trial of the Service for checking single numbers.

The free checker is for occasional checks of individual numbers, within the daily limits shown on the page. Automated or bulk use of it is not permitted. Numbers entered and their results are not stored, so a free checker result is not a record of screening and cannot be relied on as evidence of screening in an investigation by the Information Commissioner's Office. A dated record of each check is kept only for checks made through the API or a CRM integration.

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 15.

An Australian Do Not Call Register check is available as an add-on, on the terms in section 7.

3. Service changes

TPSClear is under active development and the Service may be modified or improved over time. Material reductions in functionality will be notified in advance. Paid plans are billed at the rates published on the pricing page and are subject to fair-use limits documented there.

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. Australian Do Not Call Register

This section applies to checks of Australian numbers against the register kept under the Do Not Call Register Act 2006 (Cth) (the "Act"), through the Australian Do Not Call Register add-on or the API.

• The Customer will comply with the Act for every telemarketing call it makes, or causes to be made, using a result from the Service, and will take all reasonable steps to ensure its employees and agents do the same.
• Numbers are checked under Voll Studios Ltd's own subscription with the Australian Communications and Media Authority. The Customer should not assume it can rely on the defence in section 11(3) of the Act, which covers lists the caller submitted itself, and relies instead on section 11(5) (reasonable precautions and due diligence).
• A result is valid for calls made within 30 days of the check, counting the day of the check.
• The Service reports the register's answer only. Consent and the other exceptions in the Act remain the Customer's responsibility.
• The add-on is a separate subscription for one HubSpot account, billed in Australian dollars every 30 days in advance. Its included checks are counted over the same 30-day periods. Checks stop when the period's included checks are used, and no overage is charged. A HubSpot account without a plan has 5 trial checks. Prices exclude any applicable taxes. Section 11 otherwise applies.
• Checks through the API are bought as prepaid packs, priced in Australian dollars. Prices exclude any applicable taxes. A pack is valid for 12 months from the date of purchase, and any checks unused at the end of that period expire. One check is charged for each number sent to the register. A number the register gives no answer for is not charged. Packs are not transferable between accounts and, except where the law requires otherwise, are not refundable once purchased.

8. 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, API request payloads, or numbers entered in the free checker), the Customer is the data controller and TPSClear is the data processor. Where we process personal data on the Customer's behalf, the Data Processing Agreement at tpsclear.co.uk/dpa applies and forms part of these Terms.

9. 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 used by the Service is supplied under licence from The Telephone Preference Service Limited (TPSL), a subsidiary of the Data & Marketing Association, held directly or through a licensed provider. Nothing in these Terms transfers the licensor's underlying rights to the Customer.

10. Service availability

We aim to keep the Service available at all times. We may carry out maintenance, release new versions, or temporarily restrict the Service to protect its integrity. We will give at least 48 hours' notice of planned maintenance that affects screening.

Standard and Scale plans. Screening (the CRM webhook receiver and the REST API) will be available at least 99.9% of the time in each calendar month, as measured by the monitors published at status.tpsclear.co.uk. Planned maintenance notified at least 48 hours in advance, and outages caused by HubSpot or another CRM provider, the register supplier, or the Customer's own systems, do not count against this commitment.

If availability falls below 99.9% in a calendar month, the Customer may claim a credit of 10% of that month's plan fee (one twelfth of the annual fee on an annual plan) by writing to support@tpsclear.co.uk within 30 days of the end of that month. The credit is applied to the next invoice and is the Customer's sole remedy for unavailability of the Service.

Other availability commitments may be agreed with enterprise customers in a separate service-level agreement.

11. Fees and billing

Paid tiers are billed monthly in advance in pounds sterling, by card or invoice. Pricing is published on the pricing page; changes to the published rates take effect with at least 60 days' written notice to active accounts. A monthly tier's included checks are counted over successive 28-day periods starting on the day the subscription starts, and an annual tier's over each contract year, unless an order form or signed proposal sets a different period. Usage above a tier's included checks may be subject to overage charges as described on the pricing page at the time of use. All fees and credit prices are exclusive of VAT, which is added where applicable.

The register data underlying the Service is supplied under licence as described in section 9. If a licensor of that data (including The Telephone Preference Service Limited or a licensed provider) introduces or changes a royalty, licence, or per-lookup fee that applies to the Service, we may adjust our fees, or apply a corresponding surcharge, to pass that cost through. Any such adjustment will take effect on at least 30 days' written notice to active accounts and will be limited to a fair reflection of the change in the third-party cost, notwithstanding the 60-day notice period above.

API access may alternatively be bought as prepaid credits rather than as a monthly tier. One credit covers one chargeable check. Credits are paid for in advance, are valid for 12 months from the date of purchase, and any credits unused at the end of that period expire. Credits are drawn in order of expiry, soonest first. A check that returns an Unknown result because the register provider failed is not a chargeable check, and the credit for it is returned to the account balance automatically. Credits are not transferable between accounts and, except where the law requires otherwise, are not refundable for cash once purchased.

12. 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. Uninstalling the CRM app stops screening but does not cancel a paid subscription: to cancel, the Customer writes to support@tpsclear.co.uk, and the cancellation takes effect at the end of the billing period in which the request is received. 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, 7, 9, 13, 14, 15 and 16) will survive.

13. 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.

14. 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.

15. 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, and except for the availability commitment in section 10, 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.

16. 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.

17. 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.

18. General

These Terms, the Privacy Policy, the Data Processing Agreement at tpsclear.co.uk/dpa, 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.

19. Contact

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