FixMargin — Terms of Service

Version 1.3 · Effective date: 5 September 2026

FixMargin is a trading name of Quantix Prime Ltd, a company registered in England and Wales (company number 16680674), registered office: Unit 13 Freeland Park, Wareham Road, Lytchett Matravers, Poole, BH16 6FA (“FixMargin”, “we”, “us”, “our”). Contact: support@fixmargin.com.

These Terms govern access to and use of the FixMargin web application, related mobile/PWA experiences, APIs and documentation (together, the “Service”). By creating an account, clicking “I agree”, or using the Service, the organisation you represent (“Customer”, “you”) agrees to these Terms.

Business use only. The Service is provided to businesses and sole traders acting in the course of business. It is not intended for consumers, and consumer protection legislation does not apply to the extent permitted by law. By registering you confirm you are authorised to bind the Customer.

1. Definitions

• Account — the Customer’s organisation account in the Service, including all Users and Projects within it.

• Authorised Users / Users — employees, contractors and agents of the Customer whom the Customer permits to access the Service under its Account (Admin, Pro Control, Pro and Operative roles as described in the Service).

• Customer Data — all data, documents, drawings, price lists, invoices, photographs, site reports and other content uploaded to or generated within the Service by or for the Customer.

• Documentation — the help content, how-to material and product descriptions we publish for the Service.

• Fees — the subscription fees, seat add-on fees and any other charges set out on the Pricing page or in an Order.

• Free Tier — the no-charge plan with the limits described on the Pricing page.

• Order — a subscription purchased through the Service checkout, a signed Founding Customer agreement, or a written quotation we accept.

• Plan — the subscription tier selected by the Customer (Free, Starter, Growth, Scale or Enterprise) and any add-ons.

• Subscription Term — the initial period selected in the Order (monthly, annual, 2-year or 3-year) and each renewal period.

• Third-Party Services — services not operated by us that the Customer chooses to connect or export to (e.g. accounting software, email).

2. The Service

2.1 What FixMargin does. FixMargin is a commercial control tool for construction subcontractors: system selection and material calculation, costed bills of quantities, supplier price comparison, procurement (call-offs), invoice reconciliation, variations, programme planning and site reporting. The Service processes information supplied by the Customer, supplier price lists and manufacturer system data to produce estimates, comparisons, reports and documents.

2.2 Professional judgement. Outputs of the Service (including quantities, costs, margins, forecasts, matches and any AI-assisted extraction) are calculations and decision-support material. They are not surveys, valuations, structural or fire-engineering advice, contract advice, or a substitute for the Customer’s own professional review. The Customer is solely responsible for checking outputs before relying on them, submitting tenders, placing orders, making applications for payment or acting on site.

2.3 Manufacturer and supplier data. System, product and performance data originates from manufacturers’ published literature and from price lists uploaded by the Customer or its suppliers. We take reasonable care in curating this data but do not warrant its completeness or currency; manufacturers’ current published documentation always prevails.

2.4 Changes. We may improve, modify or discontinue features of the Service. We will give at least 30 days’ notice of any change that materially reduces the core functionality of a paid Plan; where we do so, the Customer may terminate the affected subscription and receive a pro-rata refund of prepaid Fees for the remaining Subscription Term.

2.5 Beta and preview features. Features labelled beta, preview, “coming” or similar are provided as-is, may change or be withdrawn, and are excluded from any service commitments.

2.6 No contract-administration role. We do not act as the Customer’s quantity surveyor, contract administrator, employer’s agent, project manager, payment certifier or adviser, and we do not issue, serve or certify notices, applications, certificates or valuations on the Customer’s behalf. Where a feature generates or transmits such a document, it does so only as a tool operated by the Customer, and the Customer remains responsible for its content, timing, service and contractual effect.

2.7 Supplier and third-party communications. Where the Service sends or makes available communications to suppliers, clients or other third parties at the Customer’s direction (for example call-off emails, requests for quotation or shared links), we transmit them as the Customer’s agent for delivery only. The Customer is responsible for the content, the recipients and its own authority to send them. A record in the Service that a communication was sent, delivered, opened or acknowledged is a technical record only; it is not evidence that the recipient has accepted an order or entered into any contract, and the Customer should rely on its own contractual processes with that third party.

2.8 Third-party datasets. Manufacturer system data, catalogue data and similar third-party content are used under licence or from published sources. If a rights-holder withdraws or changes permission, changes a data feed, or asserts rights we reasonably consider valid, we may modify, replace or remove the affected content or feature. Doing so is not a breach of these Terms; if it materially reduces the core functionality of a paid Plan, §2.4 applies.

3. Accounts and Users

3.1 The Customer must provide accurate registration details and keep them current. The Customer is responsible for all activity under its Account and for ensuring Users comply with these Terms and the Acceptable Use Policy.

3.2 Each User must have their own credentials; sharing logins is not permitted. The Customer must promptly notify us of any unauthorised access.

3.3 Seat limits, Project limits and feature availability are determined by the Plan. Where the Service allows the Customer to exceed a limit, the corresponding add-on Fee applies from the date of the excess.

3.4 The Customer must be at least 18 years old and the Service is not directed at children.

4. Free Tier

4.1 The Free Tier is provided at no charge, subject to the limits shown on the Pricing page (which we may change on notice). Exports on the Free Tier carry a “Powered by FixMargin” mark.

4.2 We may suspend or delete Free Tier Accounts that are inactive for more than 12 months, after giving 30 days’ notice by email.

5. Fees, invoicing and payment

5.1 Fees. The Customer will pay the Fees for the Plan and add-ons in the Order. Fees are stated in pounds sterling and are exclusive of VAT and other applicable taxes, which will be added where we are required to charge them.

5.2 Payment. Card payments are processed by Stripe; by paying by card you authorise recurring charges for each Subscription Term. Invoiced customers must pay within 14 days of the invoice date unless the Order states otherwise.

5.3 Commitment discounts. Annual, 2-year and 3-year Subscription Terms are discounted as shown on the Pricing page and are paid in advance, non-cancellable and non-refundable except as expressly stated in these Terms (including §2.4, §12.2 and the DPA).

5.4 Founding Customer programme. Founding Customer pricing is available only under a signed Founding Customer agreement, is limited in number, and is conditional on the participation commitments stated in that agreement. If those commitments are not met we may, on 30 days’ notice, revert the Account to the then-current standard price at the next renewal.

5.5 Late payment. We may charge interest on overdue amounts at 4% per annum above the Bank of England base rate, and may suspend the Account (§11) if an invoice remains unpaid 14 days after a reminder.

5.6 Price changes. We may change Fees for a renewal Subscription Term by giving at least 45 days’ notice before the renewal date. Fees for a Subscription Term already paid are not affected.

6. Subscription term, renewal and cancellation

6.1 Subscriptions start on the Order date and continue for the Subscription Term. Each subscription renews automatically unless either party gives notice of non-renewal at least 14 days (monthly plans) or 30 days (annual and multi-year plans) before the renewal date. Monthly and annual subscriptions renew for the same period. 2-year and 3-year subscriptions renew for successive 12-month periods at the then-current annual price, unless the Order expressly provides for renewal for a further multi-year period. The Customer can cancel renewal in the billing area of the Service or by emailing support@fixmargin.com.

6.1A Renewal reminder. For annual and multi-year subscriptions we will send the Account’s Admin contact a renewal reminder at least 45 days before the renewal date, stating the renewal date, the renewal period and the Fees then due.

6.2 Downgrades take effect at the next renewal. Upgrades take effect immediately, with Fees pro-rated for the remainder of the current Subscription Term.

6.3 There is no statutory cooling-off period for business customers. We do not refund Fees for partial Subscription Terms except where these Terms say otherwise.

7. Customer Data

7.1 Ownership. The Customer owns Customer Data. We claim no rights in it other than the licence in §7.2.

7.2 Licence to us. The Customer grants us a non-exclusive, worldwide licence to host, copy, process, transmit and display Customer Data solely to provide, secure and support the Service for the Customer, and otherwise to process Customer Data only in accordance with the DPA.

7.3 Responsibility. The Customer is responsible for the accuracy and legality of Customer Data and for having the rights (including from suppliers, clients and employees) to upload it.

7.4 Personal data. Where Customer Data includes personal data (for example names of site operatives, supplier contacts, signatures on site reports), we process it as the Customer’s processor under the Data Processing Addendum (DPA), which forms part of these Terms. We are an independent controller of account, billing and usage data as described in the Privacy Policy.

7.5 Aggregated data. We may create and use aggregated or de-identified data derived from use of the Service (for example benchmark material prices or productivity statistics) provided it does not identify the Customer, its Users, its projects or its suppliers.

7.6 Export and deletion. During the Subscription Term the Customer can export its data using the Service’s export features (the available formats — for example PDF and spreadsheet exports and download of original uploaded files — are described in the Documentation). For 30 days after termination we will make Customer Data available for export on request. After that period we will delete Customer Data within a further 60 days, subject to the backup and legal-retention exceptions in DPA §9. DPA §9 is the single authoritative statement of return and deletion.

7.7 Records and backups. Our backups exist for the resilience and disaster recovery of the Service as a whole; they are not a records-retention service and we do not restore individual items on request. The Customer is responsible for exporting and retaining copies of commercially, contractually or legally significant records (for example payment notices and applications, variation records, subcontract documents and contemporaneous site records) for as long as it needs them, including after the Subscription Term.

7.8 AI-assisted features. Where a User submits a document or content to an AI-assisted feature, that submission is the Customer’s instruction to us to process the relevant Customer Data through the AI sub-processor identified in the DPA for that feature, in accordance with the DPA.

8. Acceptable use and restrictions

8.1 The Customer must comply with the Acceptable Use Policy (incorporated into these Terms).

8.2 The Customer must not, and must not permit anyone to: (a) copy, modify, reverse-engineer or create derivative works of the Service; (b) resell, sublicense, time-share or provide the Service to third parties other than Authorised Users; (c) scrape, crawl or bulk-extract manufacturer system data, price intelligence or catalogue content; (d) use the Service to build a competing product; (e) circumvent Plan limits, security or access controls; (f) upload malicious code; (g) use the Service in breach of law, including data protection, export control and sanctions law; (h) remove, obscure or circumvent any “Powered by FixMargin” mark or proprietary notice required by the applicable Plan.

9. Intellectual property

9.1 We and our licensors own all rights in the Service, the Documentation, our system and calculation logic, the FixMargin name and marks, and any feedback the Customer provides (which we may use without restriction). No rights are granted except the limited right to use the Service under these Terms.

9.2 Manufacturer names, product names and trade marks appearing in the Service belong to their respective owners and are used for identification only.

10. Third-Party Services and integrations

10.1 Third-Party Services connected to or used with the Service are governed by their own terms. We are not responsible for their availability, accuracy or security. Data the Customer chooses to export to a Third-Party Service is transferred at the Customer’s direction.

11. Suspension

11.1 We may suspend access to all or part of the Account, giving notice where practicable, if: (a) Fees are overdue (§5.5); (b) we reasonably believe the Account is being used in breach of §8 or in a way that threatens the security or integrity of the Service; or (c) required by law. We will restore access promptly once the issue is resolved. Suspension does not relieve the Customer of the obligation to pay Fees.

12. Term and termination

12.1 These Terms apply from Account creation until all subscriptions have ended and the Account is closed.

12.2 Either party may terminate for material breach not remedied within 30 days of written notice, or immediately if the other party becomes insolvent, enters administration or ceases to trade. Where the Customer terminates under this §12.2 because of our unremedied material breach, we will refund prepaid Fees attributable to the period after termination.

12.3 The Customer may close its Account at any time; this does not entitle the Customer to a refund of prepaid Fees.

12.4 On termination all rights to use the Service end, §7.6 applies to Customer Data, and any accrued Fees become immediately payable. Sections that by their nature should survive (including 5, 7.5–7.6, 9, 13–15, 17) survive termination.

13. Warranties and disclaimers

13.1 We warrant that we will provide the Service with reasonable skill and care and substantially in accordance with the Documentation.

13.2 Except as expressly stated in these Terms, the Service is provided “as is” and we exclude all other warranties, conditions and terms, whether express or implied, including any implied terms of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted or error-free, that outputs will be accurate or complete, or that the Service will meet the Customer’s requirements.

13.3 The Customer acknowledges §2.2 (professional judgement) and that commercial, contractual and site decisions remain its own.

14. Liability

14.1 Nothing in these Terms limits or excludes liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that cannot lawfully be limited or excluded.

14.2 Subject to §14.1, we are not liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for: loss of profit, revenue, business, contracts, anticipated savings or goodwill; loss or corruption of data (other than as caused by our breach of §16); loss arising from the Customer’s reliance on outputs contrary to §2.2; loss arising from Third-Party Services; or any indirect, special or consequential loss.

14.3 General Cap. Subject to §14.1 and §14.2, our total aggregate liability arising out of or in connection with these Terms is limited to the Annual Fee Amount, or £1,000 for Free Tier Accounts. “Annual Fee Amount” means the Fees paid or payable for the Service attributable to the 12 months immediately preceding the event giving rise to the claim or, where that event occurs within the first 12 months of the Subscription Term, the Fees paid or payable attributable to the first 12 months of the Subscription Term. Fees paid in advance for a multi-year Subscription Term are apportioned evenly across the years of that term for this purpose.

14.3A Data and Security Cap. Subject to §14.1, our total aggregate liability for breach of §15 (Confidentiality), §16.1 (Security) or the DPA is limited to 200% of the Annual Fee Amount, or £2,000 for Free Tier Accounts. The Data and Security Cap replaces, and does not apply in addition to, the General Cap in respect of the same loss.

14.4 The Customer will indemnify us against claims, losses and costs arising from Customer Data, the Customer’s breach of §8, or the Customer’s use of outputs in breach of §2.2. The Customer’s liability under this §14.4 is subject to the same limits as apply to us under §14.3 and §14.3A, except for claims that Customer Data infringes a third party’s rights or is unlawful, which are not so limited.

14.5 Nothing in these Terms or the DPA limits any right that a data subject has directly under Data Protection Law.

15. Confidentiality

15.1 Each party will keep the other’s confidential information (including Customer Data, our non-public product information and pricing under a Founding Customer agreement) confidential, use it only for the purposes of these Terms, and protect it with at least reasonable care. This does not apply to information that is public, independently developed, lawfully received from a third party, or required to be disclosed by law (with notice where permitted). This obligation lasts for 3 years after termination, and indefinitely for Customer Data and trade secrets.

16. Security and service levels

16.1 We maintain technical and organisational measures appropriate to the risk, as described in the DPA and Privacy Policy, including encryption in transit, encrypted storage, access controls and regular backups. Customer Data is hosted in the United Kingdom (London region) unless the Customer is told otherwise.

16.2 We aim for high availability but, except for Enterprise Plans with a written SLA, we do not commit to a specific uptime. We will use reasonable efforts to give notice of planned maintenance.

16.3 We will notify the Customer of any personal data breach affecting Customer Data within the time and in the manner set out in the DPA (§7).

17. General

17.1 Notices. Notices to us: support@fixmargin.com or the registered office. Notices to the Customer: the Admin email on the Account. Email notices are deemed received on the next business day.

17.2 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations.

17.3 Assignment. The Customer may not assign these Terms without our consent (not to be unreasonably withheld). We may assign to a successor to our business or to a group company.

17.4 Subcontracting. We may use sub-processors and subcontractors as described in the DPA; we remain responsible for their performance.

17.5 Entire agreement. These Terms, the Order, the AUP and the DPA are the entire agreement and supersede all prior discussions. Each party confirms it has not relied on any statement not set out in them. The Privacy Policy is a transparency notice describing our processing as an independent controller; it is not a contractual document, and the DPA governs our processing of Customer Data.

17.6 Variation. We may update these Terms by posting a new version. Changes that are non-material, that reflect changes in law, or that are favourable to the Customer take effect on posting with notice by email or in-app. A change that is materially adverse to the Customer takes effect (a) at the start of the Customer’s next Subscription Term, following at least 30 days’ notice; or (b) earlier only if we give at least 30 days’ notice and the Customer may, within that period, terminate the affected subscription and receive a pro-rata refund of prepaid Fees for the remainder of the Subscription Term.

17.7 Third-party rights. No third party may enforce these Terms (Contracts (Rights of Third Parties) Act 1999).

17.8 Severance, waiver. If any provision is unenforceable the remainder continues. A delay in enforcing a right is not a waiver.

17.9 Governing law and jurisdiction. These Terms and any dispute (contractual or non-contractual) are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction. Before starting proceedings, the parties will attempt in good faith to resolve any dispute by discussion between senior representatives within 30 days.

17.10 Electronic contracting. As the Customer is not a consumer, the parties agree that regulations 9(1), 9(2) and 11(1) of the Electronic Commerce (EC Directive) Regulations 2002 do not apply to contracts formed through the Service.