Terms and privacy

1. About these terms

These terms are between you and [TO CONFIRM: legal entity name] (Apres, we, us), company number [TO CONFIRM: company number], registered office [TO CONFIRM: registered address]. They cover the Apres app and the Apres website. By signing in you agree to them, so please read them. Our privacy notice, on the other tab, explains what we do with your data.

2. What Apres is

Apres is an aftercare service for new-build homes. It lets the owner of a new home report a problem with it during its warranty, follow what happens, offer times for a visit, and confirm when it is put right. It lets the trades who do the work receive jobs, book visits and file evidence, and the housebuilder who built the home follow every report on its homes. Apres runs it, assesses each report and keeps the record.

Homeowners do not pay to use Apres. [TO CONFIRM: that the housebuilder pays for the service and homeowners are never charged.]

3. It is not an emergency service

A report in the app is not seen straight away. [TO CONFIRM: when reports are read, for example working hours.]

For a leak, no heating, or anything unsafe, call the emergency number shown in the app, in the hours shown beside it.

If anybody is in danger, call 999. If you smell gas, leave the building and call the National Gas Emergency line on 0800 111 999. For a power cut, call 105.

4. Your warranty and who does the repair

The promise to put defects right is the housebuilder's, under your purchase and the warranty on your home. Apres coordinates that promise on the housebuilder's behalf: we look at each report, decide with the housebuilder whether the warranty covers it, send it to a trade, and see it through. The trade is responsible for the work it does.

[TO CONFIRM: that Apres does not itself guarantee repairs or the trades' workmanship, and how this sits with the agreement between Apres and the housebuilder.]

If we decide something is not covered, we tell you why. You can ask us to look again by replying on the report. Nothing in these terms changes what the housebuilder owes you, your rights under the warranty or any warranty provider's own process, or your rights as a consumer.

5. Your account

• Accounts are given, not taken. Apres, your housebuilder or your firm sets yours up, and you sign in with a code we email to you. There is no password.
• Keep your email account secure, and never pass a sign-in code to anybody. Anybody who can read your email can sign in as you.
• Tell us straight away if you think somebody else has signed in as you.
• One account can hold more than one seat, for example an owner of several homes, or a person who works for a housebuilder and owns a home.
• When you sell a home, your access to it ends on the day of the sale. When you leave a firm or a housebuilder, your access through it ends.

6. Using Apres properly

Please:

• report problems honestly and describe them as you see them;
• be civil in messages; the people reading them are trying to help;
• only photograph what the report needs, and avoid photographing people;
• not try to reach anything that is not yours, or to get round how the service decides what you can see;
• not upload anything unlawful, offensive or harmful, or anything that could damage the service;
• not copy, scrape or resell the service or its contents.

We may remove content or suspend an account that breaks these rules.

7. What you add to Apres

Your photos, words and documents stay yours. You allow Apres, the housebuilder that built the home and the trade given the job to store, copy and show them, to deal with the report, to keep the record of the warranty, and for figures that are anonymised and added together across homes. That permission lasts as long as we keep the record.

You confirm that you are entitled to share what you add. Once a photo or a message is part of a report it is part of the record, and you cannot delete it yourself. If something should not be there, ask us.

8. If you are a trade or a housebuilder

You use Apres in the course of your business. Your agreement with Apres covers fees, rates and service levels, and where it differs from these terms, it wins. [TO CONFIRM: the name of the agreement for housebuilders and for trades.]

Keep what you record true: the visit, the outcome, the cause, and evidence photos of the work actually done. The record is relied on by the homeowner and the housebuilder.

9. Keeping it running

We work to keep Apres available and to fix faults quickly, but we cannot promise it will never be interrupted, for example for maintenance or because of a provider we rely on. We will change and improve the service over time. If it is unavailable when you need it, [TO CONFIRM: how to reach Apres, for example a phone number or email address].

10. Our responsibility to you

Nothing in these terms limits our responsibility for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to limit.

If you are a homeowner, we are responsible for loss you suffer that was a foreseeable result of our breaking these terms or failing to use reasonable care. We are not responsible for the repair itself, which is owed under the warranty, or for the work a trade carries out. [TO CONFIRM: wording, with legal advice.]

If you use Apres for a business: [TO CONFIRM: limit of liability, for example the fees paid in the twelve months before the claim, and exclusion of indirect loss and loss of profit].

11. Ending

You can stop using Apres at any time, and ask us to close your account. We may suspend or close an account that breaks these terms, and access ends when your seat does: when you sell a home, leave a firm, or a housebuilder stops using Apres. The record of what happened is kept as our privacy notice explains.

12. Changes to these terms

We may update these terms, and will change the date at the top when we do. If a change matters to you, we will email you before it takes effect.

13. The law

These terms are governed by the law of [TO CONFIRM: England and Wales], and its courts deal with any dispute. If you are a homeowner living in Scotland or Northern Ireland, you can also bring a claim in your own courts.

Questions about these terms: [TO CONFIRM: contact email address].