Terms of Service

Welcome to Lydmera. These Terms of Service are the agreement between you (or the company you represent) and Lydmera Limited. We have kept them as readable as we can while still doing the legal work they need to do.

If you cannot agree to these Terms, please do not use the Service.

If you have questions after reading them, email legal@lydmera.com.

1. Parties and definitions

These Terms form an agreement between Lydmera Limited, a company incorporated in Guernsey ("Lydmera", "we", "us"), and the person or entity accessing or using the Service ("Customer", "you").

Key definitions used in these Terms:

"Service" — the Lydmera software-as-a-service platform for pool engineering calculations, including the web application, calculation engine, generated reports, exports, and any associated APIs or documentation.

"Customer" — the person or entity that subscribes to the Service. If you subscribe on behalf of a company or firm, the Customer is that entity.

"User" — any individual accessing the Service under a Customer subscription, including the Customer themselves and any invited team members.

"Customer Content" — project data, briefs, sketches, drawings, specifications, calculation inputs, and other content the Customer uploads to or creates within the Service.

"Output" — calculations, reports, charts, exports, and other materials the Service produces based on Customer Content.

"Subscription" — the paid plan and access rights granted to the Customer under these Terms.

"Tier" — the specific Subscription level you have selected (Starter, Pro, Business), which determines features, usage limits, and rights to Outputs.

2. Acceptance of terms

By creating an account, accessing the Service, or using any feature of the Service, you accept these Terms and agree to be bound by them. If you do not agree, do not use the Service.

If you are accepting these Terms on behalf of a company or firm, you confirm you have the authority to bind that entity to these Terms. The entity is the Customer.

3. Account registration and user roles

You must be at least 18 years old and a qualified engineering professional (or acting under the direct supervision of one) to use the Service.

For subscriptions that include multiple users:

• The Customer (or designated administrator) controls who has access to the subscription, can add and remove users, and sets user permissions within the limits of the Subscription Tier.
• Each User must accept these Terms before using the Service.
• The Customer is responsible for all activity under its subscription, including activity by Users.
• The Customer is responsible for ensuring Users comply with these Terms and any applicable professional standards.

You agree to provide accurate, complete account information and to keep your credentials confidential. You are responsible for all activity that occurs under your account. Notify us immediately at security@lydmera.com if you suspect unauthorised access to your account.

4. Description of the Service

The Service produces engineering calculations and reports for swimming pool heat-load analysis, equipment sizing, HVAC sizing for pool environments, and related thermal analysis, based on inputs you provide.

All Outputs are intended to assist qualified professionals and require independent professional verification before application to real projects. See our Engineering Disclaimer for full details — it is incorporated into these Terms by reference.

5. Subscription, fees, and billing

Paid plans are billed in advance on a monthly or annual cycle as selected at sign-up. Fees are non-refundable except as required by law and as set out in section 6.

Auto-renewal

Your Subscription automatically renews at the end of each billing period unless you cancel before the renewal date. You will receive an email reminder 7 days before annual subscriptions renew, and the renewal charge will appear on your statement. Monthly subscriptions renew without prior notice (in line with industry practice for monthly software subscriptions). You can cancel at any time from your account settings.

Price changes

We may change pricing for future billing periods on 30 days' written notice. Your current price remains in effect until the end of your prepaid period. If you do not accept the new price, you can cancel before renewal to avoid the change.

Taxes

Prices displayed are exclusive of applicable VAT, GST, or other taxes. We will add taxes to your invoice based on your billing location, in compliance with applicable tax law. You are responsible for any local taxes, withholding requirements, or other tax obligations associated with your use of the Service.

Payment methods

We accept payment by credit card, debit card, and other methods displayed at checkout. Payment processing is handled by our payment subprocessor (see our Privacy Policy). We do not store full payment card details on our systems.

Payment failures

If a payment fails, we attempt to charge your payment method again over 7 days, sending you reminder emails at each retry. If payment is not received within 14 days of the original due date, we may suspend access. Suspended accounts can be reactivated by paying the outstanding balance within 30 days; after 30 days, the account is cancelled and Customer Content enters the deletion window per Section 18.

AI top-up credits

AI top-up credits expire 12 months from the date of purchase. Credits are consumed only after your plan's monthly included AI allowance is used, and may be used only while you hold an active paid subscription. If your subscription lapses, unused credits are retained and become usable again if you resubscribe before they expire; upon expiry they are forfeited. Top-up credits are non-refundable and have no cash value. Monthly included AI allowances do not roll over.

6. Cancellation and refunds

Self-service cancellation

You can cancel your Subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period, and you retain access until then.

Initial refund period

For first-time subscribers, we offer a 14-day refund window from the date of initial subscription. Cancel within 14 days through your account settings or by emailing legal@lydmera.com with your account email. Refunds process to your original payment method within 5–7 business days.

After 14 days

Subscriptions are non-refundable for unused periods after the initial 14-day window. This applies to both monthly and annual subscriptions.

Annual subscriptions

Cancellation of an annual subscription takes effect at the end of the prepaid annual period. We do not provide pro-rata refunds for the unused portion of annual subscriptions, except as required by law.

Plan upgrades

Upgrades to a higher Tier take effect immediately. We charge the pro-rata difference between your old and new Tiers for the remainder of the current billing period. Your next full billing cycle is charged at the new Tier's standard rate.

Plan downgrades

Downgrades to a lower Tier take effect at the end of the current billing period. We do not provide pro-rata refunds for downgrades within an active billing period. Features and limits available in the higher Tier remain accessible until the downgrade takes effect.

Discretionary refunds

Outside the standard 14-day window, refunds are at Lydmera's discretion. We may offer refunds in exceptional circumstances such as extended service unavailability, billing errors, or other extenuating circumstances. Email legal@lydmera.com to request consideration.

Statutory consumer rights

If you are a consumer in the UK or EU (meaning you are acting outside your trade, business, craft, or profession), you may have additional cancellation rights under applicable consumer protection law. Your statutory rights are not affected by this section.

Most Lydmera customers are engineering professionals using the Service in their trade or business, in which case the above policies apply and statutory consumer protections do not.

7. Intellectual property

Lydmera's IP

Lydmera Limited owns all right, title, and interest in the Service, including the software, calculation methodologies, AI prompts, user interface, documentation, branding, report templates, and all underlying intellectual property. These Terms do not transfer any ownership to the Customer.

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the term of your Subscription.

Tier-based output rights

The rights granted to use Outputs vary by Subscription Tier.

Starter tier

• Use of Outputs for your engineering work and professional services to your clients
• Outputs may be shared with your clients as part of your professional deliverables
• Reports retain Lydmera branding ("Powered by Lydmera") on all pages
• You may not remove Lydmera branding or claim the calculations as your own product

Pro tier

• All Starter tier rights
• You may add your own firm's branding to generated reports
• You may remove the "Powered by Lydmera" branding credit from Outputs (white-label use)
• Reports may be presented as your firm's engineering deliverable to your clients

Business tier

• All Pro tier rights
• Custom branding configurations available through your account
• API access where applicable (subject to fair-use limits documented in your Subscription terms)
• Specific Business tier rights are documented in your Subscription agreement

White-label use and engineering responsibility

White-label use does not transfer authorship of engineering judgment. When you remove Lydmera branding from Outputs, you remain responsible for the engineering verification and professional judgment applied to the calculations, as required by our Engineering Disclaimer. The qualified engineer who signs and stamps the deliverable is responsible for its accuracy, not Lydmera.

Universal restrictions (all tiers)

Regardless of Subscription Tier, you may not:

• Resell, sublicense, or redistribute access to the Service to third parties
• Use the Service or its Outputs to create a competing engineering software product
• Extract, reverse engineer, or replicate Lydmera's calculation methodologies for use outside the Service
• Misrepresent Lydmera's Outputs as the work of a qualified engineer who has not reviewed them
• Apply Outputs to safety-critical real-world projects without independent professional verification (see Engineering Disclaimer)
• Use the Service to provide engineering calculation services to third parties as a primary deliverable in place of your own engineering work

Feedback

If you provide suggestions, ideas, feedback, or recommendations to Lydmera about the Service, you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use that feedback for any purpose without obligation to you. We may incorporate your ideas into the Service without compensation, attribution, or notice. This does not give us rights to your Customer Content.

8. Customer content

You retain ownership of all Customer Content. You grant Lydmera Limited a worldwide, non-exclusive, royalty-free licence to host, process, transmit, and display Customer Content solely as needed to provide the Service to you.

We do not use Customer Content to train AI models. Our AI subprocessor operates under commercial terms that prohibit retention of Customer Content for model training. See our Privacy Policy for details.

Service improvement using aggregated data

We may use aggregated, anonymised data derived from Customer Content and usage patterns to improve the Service, develop new features, and identify trends in pool engineering practice. Aggregated data means statistical summaries across multiple customers; anonymised data means data from which individual customers and identifiable project details have been removed. This use does not involve sharing individual Customer Content with third parties beyond our subprocessors.

Data export

You may export your Customer Content at any time during your Subscription through the export functions in the Service. Standard export formats include PDF (for reports), JSON or CSV (for structured data), and standard image formats (for sketches and drawings).

For non-standard export formats or bulk data transfers, contact legal@lydmera.com. We may charge reasonable fees for custom export work.

9. Confidentiality

Each party will treat the other's non-public information as confidential and use it only as needed to perform under these Terms. Confidentiality obligations survive termination of these Terms.

Lydmera treats Customer Content as confidential and applies the technical and organisational measures described in our Security Overview to protect it.

You agree not to disclose non-public information about the Service (including pricing details negotiated specifically with you, beta features you have access to, and our security practices documented under NDA) to third parties without our prior written consent.

10. Customer's customers' data

If you use the Service in a way that involves processing personal data of third parties (your clients' employees, project stakeholders, or other individuals), you are the data controller for that data, and Lydmera is your data processor.

You are responsible for:

• Providing appropriate privacy notices to data subjects whose data flows through the Service
• Responding to data subject rights requests (access, deletion, portability, etc.)
• Maintaining a legal basis for processing under GDPR or equivalent law
• Notifying us promptly of any data subject requests that require our cooperation

We will assist you in fulfilling data subject rights requests as required by UK GDPR Article 28 and our Data Processing Agreement (available on request from privacy@lydmera.com). Standard requests are handled at no additional cost; complex requests may incur reasonable fees.

11. Customer references and case studies

We may identify you as a Lydmera user and include your name and company logo on our customer list, on our website, and in marketing materials.

We will not publish case studies, customer quotes, project details, testimonials, or other specific information about your use of the Service without obtaining your prior written consent for each specific instance.

Opting out

You may opt out of being listed by emailing legal@lydmera.com. We will remove your name and logo from public-facing materials within 30 days of receiving the opt-out request. Opting out does not affect your Subscription or rights under these Terms.

Trademark use

Each party retains ownership of its own trademarks, trade names, service marks, and logos. The limited rights granted in this section do not transfer any ownership of trademarks between parties.

Confidentiality of project details

Specific project details, client information, calculation outputs, financial information, and proprietary aspects of your use of the Service remain confidential as set out in Section 9 unless you separately consent to specific disclosure.

12. Acceptable use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference.

13. Engineering disclaimer

The Service produces engineering calculations that require professional verification. You agree that all calculations, Outputs, recommendations, and reports produced by the Service must be reviewed, validated, and approved by a competent qualified professional before being applied to real-world pool design, equipment specification, procurement, construction, installation, or operation.

Full terms are set out in our Engineering Disclaimer, which is incorporated into these Terms by reference.

14. AI feature limitations

The Service includes AI-assisted features for parsing project briefs, extracting structured data from sketches and drawings, and generating report narratives. These features are powered by a third-party AI model (see our Privacy Policy for details of our AI subprocessor).

How AI is used in the Service

AI features are used for input parsing and report generation only. The calculation engine produces deterministic engineering calculations based on validated inputs — calculations do not depend on AI inference.

Examples of where AI is used:

• Parsing project specification documents into form fields
• Extracting pool dimensions and parameters from hand-drawn sketches
• Generating narrative text for engineering reports
• Identifying location and climate parameters from address inputs

Examples of where AI is NOT used:

• Heat-load calculations (deterministic engineering formulas)
• Equipment sizing calculations (rule-based and validated)
• Climate data retrieval (direct API queries to climate data providers)

Known limitations of AI features

AI features may produce errors, including:

• Misinterpretation of uploaded content
• Extraction of incorrect values from sketches or drawings
• Generation of inaccurate or incomplete narrative text
• Failure to detect ambiguity in unclear inputs
• Incorrect classification of project types or parameters

The Service indicates where AI has been used to populate fields or generate content, allowing you to verify AI-generated outputs specifically.

User responsibility for AI outputs

You are responsible for reviewing all AI-generated Outputs before relying on them. AI errors in input parsing can propagate to calculation Outputs — verifying inputs is part of your engineering verification obligation under our Engineering Disclaimer.

Where AI extracts data from your uploads (sketches, briefs, drawings), you should verify the extracted values match your intended inputs before running calculations.

No warranty of AI accuracy

To the maximum extent permitted by law, Lydmera makes no warranty as to the accuracy of AI-generated Outputs. AI features are provided "as is" and supplement (rather than replace) your engineering judgment and verification.

The liability limitations in Section 16 apply with particular force to AI features.

15. Warranties and disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, Lydmera Limited disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and uninterrupted availability.

Lydmera Limited does not warrant that calculations are accurate for any specific real-world application without independent professional verification.

Service availability target

We target 99% monthly uptime for the Service. This is a target, not a guarantee. Excluded from uptime calculations: scheduled maintenance (announced at least 48 hours in advance), force majeure events, third-party service outages affecting our subprocessors, and incidents caused by Customer misuse.

Service credits

If actual monthly uptime falls below 99% for two consecutive months, Business tier Customers may request service credits applied to the next billing period. Service credits are calculated as a percentage of monthly fees based on actual uptime:

• 95–99% = 10% credit
• 90–95% = 25% credit
• Below 90% = 50% credit

Service credits are the sole remedy for uptime failures.

Lower tiers (Starter, Pro) do not include service credit guarantees but have access to the same Service availability target.

Support response times

Support requests submitted via the contact form receive an initial response within 1 business day (UK working hours: Monday–Friday, 09:00–17:00 GMT/BST excluding UK public holidays). Higher tiers may include enhanced support commitments — see your Subscription plan details for specifics.

16. Limitation of liability

To the maximum extent permitted by law, Lydmera Limited's total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the greater of:

(a) the fees paid by the Customer to Lydmera Limited in the 12 months preceding the event giving rise to the claim, or
(b) £100 (one hundred pounds sterling),

and in no event exceeding £10,000 (ten thousand pounds sterling) in aggregate across all claims.

In no event shall Lydmera Limited be liable for any indirect, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, loss of business, loss of data, equipment failure, energy waste, occupant discomfort, structural issues, mould or condensation problems, code violations, regulatory penalties, project delays, or cost overruns, arising from your use of or reliance on the Service.

Exceptions to this limitation

This limitation does not apply to:

(a) Lydmera Limited's indemnification obligations under section 17
(b) breach of confidentiality obligations under section 9
(c) liability that cannot be excluded or limited under applicable law (such as liability for death, personal injury, fraud, or fraudulent misrepresentation)

17. Indemnification

You agree to indemnify and hold harmless Lydmera Limited from any third-party claim arising from:

(a) your breach of these Terms
(b) your use of the Service in violation of applicable law
(c) your application of calculation Outputs to real-world projects without professional verification
(d) your misrepresentation of professional qualifications or claims about Output authorship

Lydmera Limited agrees to indemnify and hold harmless the Customer from any third-party claim alleging that the Service, as provided by us and used within these Terms, infringes that party's intellectual property rights.

The indemnification obligations in this section are subject to the liability limitations in Section 16, except as otherwise required by law.

18. Term and termination

These Terms remain in effect while you have an active account.

Termination by Customer (for convenience)

You may terminate your Subscription at any time per Section 6.

Termination by Lydmera (for convenience)

We may terminate any Subscription by providing 30 days' written notice. In this case, we will refund the pro-rata portion of any prepaid fees for the unused subscription period.

Termination by either party (for cause)

Either party may terminate immediately for material breach if the breach is not remedied within 14 days after written notice.

Material breach by Customer includes: failure to pay, breach of Acceptable Use Policy, unauthorised use of the Service, or misrepresentation in account information.

Material breach by Lydmera includes: failure to maintain reasonable security practices, material breach of confidentiality, or fundamental failure to provide the Service.

Immediate termination by Lydmera

We may suspend or terminate immediately, without prior notice, for:

• Activity that threatens the security or integrity of the Service
• Repeated or egregious violations of the Acceptable Use Policy
• Fraudulent activity or chargebacks
• Where required by law

On termination

• You retain access to your account until the end of your current paid period (unless terminated for material breach)
• Customer Content remains accessible for export for 30 days after termination
• After 30 days, Customer Content is deleted from our active systems (backups retained up to 90 days for disaster recovery, then permanently deleted)
• You can request earlier deletion at privacy@lydmera.com
• Sections that by their nature should survive termination (IP, confidentiality, liability, indemnity, governing law) survive termination

Account reactivation

If your account is cancelled due to non-payment or termination for convenience, you may reactivate within 30 days by paying outstanding balances and contacting legal@lydmera.com. After 30 days, you must create a new account; previous Customer Content cannot be restored.

19. Suspension rights

We may suspend your access to the Service without prior notice if:

(a) payment is overdue beyond the grace period set out in section 5
(b) we reasonably believe you have materially breached these Terms
(c) your activity poses a security risk to the Service or other users
(d) we are legally required to do so
(e) we receive credible third-party complaints alleging your use of the Service violates law or rights

During suspension, your Customer Content remains preserved and inaccessible to you. We will restore access promptly once the underlying issue is resolved.

If suspension extends beyond 30 days without resolution, you may request that we export your Customer Content via privacy@lydmera.com, and we will provide a reasonable export within 7 business days.

20. Beta features

From time to time, we may make beta or preview features available to some or all Customers. Beta features are identified as such in the Service and are provided "as is" without warranty of any kind. Beta features may be modified or discontinued without notice. Use of beta features is at your own discretion and risk. The liability limitations in section 16 apply with particular force to beta features.

21. Third-party integrations

The Service may offer integrations with third-party services (authentication providers, design tools, file storage services, etc.) that you choose to enable.

Your use of third-party services is subject to those services' own terms and privacy policies. Lydmera is not responsible for the availability, security, or performance of third-party services.

When you enable an integration, you authorise Lydmera to exchange necessary data with the third-party service to deliver the integration functionality. You can disable integrations at any time through your account settings.

22. Industry compliance

Customers using the Service for projects subject to specific industry compliance requirements (BIM standards, public sector frameworks, sector-specific codes) are responsible for ensuring that:

• Their use of the Service is consistent with applicable compliance requirements
• They obtain any necessary approvals from their clients or regulatory bodies for use of cloud-based engineering tools
• They maintain documentation as required by their compliance obligations

Lydmera can provide documentation about its data handling, security practices, and methodology to support Customer compliance reviews. Email legal@lydmera.com for compliance documentation requests.

23. Modifications

We may modify these Terms from time to time. Material changes take effect 30 days after we notify registered Users by email or in-app notice. Your continued use of the Service after that period constitutes acceptance of the updated Terms.

Material changes include: changes to pricing structure, liability limits, governing law, your data protection rights, scope of Customer Content rights, or other substantive terms. Non-material changes (typo corrections, clarifications, expansions that do not change the substance) take effect when posted.

Historical versions of these Terms are available on request.

24. Force majeure

Neither party is liable for failure or delay in performing obligations under these Terms due to events beyond reasonable control, including but not limited to: natural disasters, pandemic, war, terrorism, civil unrest, government action, internet or telecommunications failures, cyber-attacks on critical infrastructure, or failures of third-party services we rely on (including subprocessors).

The affected party will notify the other of the event and resume performance as soon as reasonably possible.

25. Notices

Notices to Lydmera must be sent to legal@lydmera.com. Notices are deemed received the next business day after sending if no delivery failure is received.

Notices to Customer will be sent to the email address associated with the Customer's account. It is the Customer's responsibility to keep this email address current.

For formal legal proceedings (subpoenas, court orders, regulatory notices), postal correspondence to our registered office is also acceptable. Address is provided on our Legal page.

26. Governing law and jurisdiction

These Terms are governed by the laws of Guernsey. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Royal Court of Guernsey.

The terms of the United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms.

27. Dispute resolution

Before initiating formal proceedings, the parties agree to attempt good-faith resolution of disputes through direct correspondence with legal@lydmera.com for at least 30 days.

If informal resolution fails, disputes shall be resolved in the Royal Court of Guernsey per Section 26, except where applicable consumer protection law provides for alternative dispute resolution options.

28. General provisions

Entire agreement

These Terms, together with the policies referenced herein (Privacy Policy, Cookie Policy, Engineering Disclaimer, Acceptable Use Policy), constitute the entire agreement between the parties and supersede any prior understanding.

Severability

If any provision is held unenforceable, the remaining provisions remain in full force.

No waiver

No waiver of any provision shall be deemed a continuing waiver. Failure to enforce any provision does not constitute a waiver of our right to enforce it later.

Assignment

You may not assign these Terms or your Subscription without our written consent. Lydmera Limited may assign these Terms in connection with a merger, acquisition, or sale of substantially all assets, with notice to the Customer.

Relationship of parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties. Each party is an independent contractor.

Export controls

You agree not to use the Service in violation of any applicable export control laws or trade sanctions, including those of the UK, EU, US, or your local jurisdiction. You confirm you are not located in, or a national of, any country subject to comprehensive trade sanctions, and you are not on any restricted-party list.

Electronic communications

You consent to receive electronic communications from Lydmera (including these Terms, policy updates, billing notices, and other service-related communications) at the email address associated with your account. Electronic communications satisfy any legal requirement that communications be in writing.

29. Contact

For questions about these Terms, email legal@lydmera.com.

For all other enquiries, please use our contact form.

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