Thanex Terms and Conditions

1. About Thanex and These Terms

1.1 These Terms and Conditions, referred to as the “Terms,” form a legally binding agreement between the person or entity using the Service, referred to as “you” or the “User,” and Thanex Ltd, referred to as “Thanex,” “we,” “us,” or “our.”

1.2 Thanex Ltd is a private limited company incorporated in England and Wales under company number 16426957. Its registered office is at Flat 11, Mill Pond Place, Mill Lane, Maidstone, England, ME14 1GL, United Kingdom.

1.3 Contact may be made by email at [email protected].

1.4 The Terms govern access to and use of the Thanex website at https://thanex.uk, the Thanex web application at https://app.thanex.uk, the Thanex mobile applications for compatible devices, and every feature made available through them, including Thanex Accounts, Personal Workspaces, Business Workspaces, Projects, Tasks, Reports, photograph capture, the gallery, cloud storage, notifications, subscriptions, support, and the software, content, documentation, and interfaces supplied by Thanex, referred to collectively as the “Service.”

1.5 By creating an Account, joining a Business Workspace, purchasing a subscription, contributing through a Task, or otherwise using the Service, you confirm that you have read, understood, and agreed to the Terms. A person acting for a company, partnership, employer, or other organisation confirms that the person has authority to bind that entity.

1.6 No use of the Service is permitted where the User does not accept the Terms.

1.7 The Thanex Privacy Policy, the Thanex Refund and Cancellation Policy, and the Thanex Cookie Policy are published alongside the Terms, form part of the agreement between the parties, and should be read together with them.

1.8 The Thanex Data Protection and Data Management Policy is an internal governance document addressed to Thanex and to its personnel. It does not form part of the agreement with an individual User, it is not a data processing agreement, and it does not satisfy Article 28 of the UK General Data Protection Regulation. A Business Customer requiring processor terms should request the separate Thanex Data Processing Addendum described in clause 24.5.

2. Definitions

2.1 “Account” means the registered individual Thanex account through which a User signs in and reaches every Workspace to which that User has access.

2.2 “Business Customer” means the company, partnership, sole trader, public authority, employer, contractor, or other organisation that controls, or pays for, a Business Workspace and the records held within it.

2.3 “Business Workspace” means a shared Workspace, called a company in the Service, that is owned by a User holding a Business plan and through which authorised Users create Projects and Tasks, capture records, make Reports, invite and administer members, assign roles, and reach Project Content. One Owner may hold more than one Business Workspace under a single Business plan.

2.4 “Completed Project” means a Project that has been moved out of the live state, whether by the User, by an administrator, or automatically under clause 19.

2.5 “Consumer” means an individual acting wholly or mainly outside that individual’s trade, business, craft, or profession, within the meaning of section 2(3) of the Consumer Rights Act 2015.

2.6 “Contributor” means a person who supplies photographs through a Task without holding an Account.

2.7 “Live Project” means a Project in the active state, in which capture, upload, and ordinary editing remain available.

2.8 “Owner” means the User who holds the technical owner role over a Business Workspace. The Owner is not necessarily the Business Customer, and clause 24.4 explains the distinction.

2.9 “Personal Workspace” means the individual Workspace that every Account receives automatically. Its features follow the plan held by the Account, as clause 4.2 explains.

2.10 “Task” means a request created by an authorised User asking a named member, or a person outside the Service, to carry out or fix a piece of work on a selected Project and to reply with photographs of the result, as described in clause 8.

2.11 “Project” means a work area created within a Workspace for the capture, storage, classification, management, and export of Project Content.

2.12 “Project Content” means photographs, names, job titles, roles, timestamps, project tags, GPS coordinates, Project names, company names, notes, descriptions, record types, Task records, Reports, activity records, and other information captured, uploaded, generated, or maintained within a Project.

2.13 “View-Only Mode” means the restricted Business Workspace state described in clause 20.

2.14 “Store” means the Apple App Store or Google Play, and “Stores” means both of them.

2.15 “Subscription” means a paid right to use the Service on the Professional plan or on a Business plan, purchased through a Store.

2.16 “User” means any person who accesses the Service through an Account.

2.17 “Workspace” means a Personal Workspace or a Business Workspace, and the active Workspace determines which Projects, permissions, roles, and plan entitlements are available to the User at any moment.

2.18 “Business plan” means the plan sold as Business in three sizes, namely Business · 3 projects, Business · 10 projects, and Business · Unlimited, which differ only in their allowance of Live Projects.

2.19 “Report” means a PDF document made through the Service from photographs selected by a User, as described in clause 23.

2.20 “Project tags” means the labels, grouped in categories such as block, level, or type of work, that the administrators of a Project set up and that a User chooses when taking a photograph. Any category may be skipped.

3. Eligibility and Account Registration

3.1 Users must be at least 18 years old and legally capable of entering into a binding contract. The Service is built for professional and workplace use and is not directed at children.

3.2 Registration may be completed using an email address and password or an approved third-party sign-in service, including Apple, Google, or Microsoft. Use of a third-party sign-in provider is also subject to that provider’s terms and privacy notice.

3.3 Accurate, current, and complete information must be supplied during registration, and Account details must be updated when they change. The full name and the job title recorded on an Account are shown to other Users in the circumstances described in clause 9.

3.4 Each Account is personal to the registered User. Login credentials must not be sold, transferred, shared with unauthorised persons, or used to conceal the identity of the person accessing the Service.

3.5 Users are responsible for maintaining the confidentiality of their credentials and for activity conducted through their Accounts, except to the extent that unauthorised activity results from a failure by Thanex to apply legally required security measures.

3.6 Suspected unauthorised access must be reported promptly to [email protected]. Identity verification may be required before Thanex restores access, changes a workspace role, or discloses Account information.

3.7 The same credentials give access to the mobile applications and to the web application at https://app.thanex.uk. An Account may be registered in the mobile applications or in the web application, and an Account registered in either place works in both.

4. Accounts, Personal Workspaces, and Business Workspaces

4.1 Registration creates one Account and, automatically, one Personal Workspace attached to it. No further step is needed to obtain a Personal Workspace, and no separate charge applies to holding one.

4.2 A Personal Workspace has no plan of its own. Its features follow the plan held by the Account, which is Free, Professional, or a Business plan. A User holding a Business plan therefore has every Professional feature in the Personal Workspace, including Live Projects without a numerical limit.

4.3 A Business Workspace is created in the Service by a User who holds a Business plan or who buys one for the purpose. That User becomes the Owner and the first administrator of the Workspace. One Business plan covers every Business Workspace that its holder owns, and the allowance of Live Projects described in clause 6.6 is shared across all of them.

4.4 A single Account may hold its Personal Workspace, own one or more Business Workspaces, and belong at the same time to Business Workspaces owned by others. Only the plan held by the Owner governs a Business Workspace. Administrators and members pay nothing, their own plan has no effect on a Business Workspace that they do not own, and a person who joins a Business Workspace by invitation is asked to purchase nothing. Cancelling a Professional subscription does not affect any Business Workspace of which the User is a member.

4.5 The Workspace that a User has selected determines which Projects are visible, which permissions apply, which role governs the User’s actions, and which plan entitlements are available. Switching Workspace changes all four at once.

4.6 Records created inside a Business Workspace belong to that Workspace and to the Business Customer controlling it, and records created inside a Personal Workspace belong to the individual User, as clause 12 explains in full.

5. The Service and How It Operates

5.1 Thanex provides a workplace-camera and cloud-record service intended to keep professional photographs and Project records separate from the personal photographs stored on a User’s device.

5.2 Depending on the plan in force, on the active Workspace, and on the version installed, the Service allows a User to capture photographs through the mobile application, to associate them with a Project, a record type, project tags, a description, or a note, to apply the Thanex stamp to the photograph, to store the resulting records in cloud infrastructure, to browse and send them through the gallery, to create and manage Projects, to create and reply to Tasks, to make Reports, to view activity and photograph counts on the Dashboard and Activity pages of the web application, to invite and administer members of a Business Workspace, to configure photo stamping and personal information, and to reach the same records through the web application.

5.3 Features differ between devices, operating systems, countries, plans, and application versions. Internet access and a compatible device are required and remain the User’s responsibility.

5.4 Reasonable efforts are made to keep the Service available, although uninterrupted or error-free operation is not guaranteed. Technical features may be modified where reasonably necessary for security, legal compliance, compatibility, performance, or product development, and a material reduction affecting a paid plan will be notified where practicable.

5.5 Artificial-intelligence analysis of Project Content and automated integration through the Model Context Protocol do not form part of the Service as at the date at the head of the Terms. Neither is offered, and neither is described in the Thanex Privacy Policy. Should either be introduced, the Terms and the Privacy Policy will be revised, and notice will be given under clause 32 before the functionality becomes available.

5.6 The mobile application can be used without a network connection. Photographs, Tasks, and other records created offline are held on the device until a connection is available and are then uploaded. Records that have not yet been uploaded exist only on that device, and they may be lost if the application is deleted, or the device is lost or reset, before the upload completes.

6. Plans and What Each Plan Provides

6.1 Thanex offers three plans: Free, Professional, and Business. The Business plan is sold in three sizes, namely Business · 3 projects, Business · 10 projects, and Business · Unlimited. Each Account holds one plan at a time, and the plan belongs to the Account rather than to a single Workspace.

6.2 Free is an ongoing plan of limited functionality rather than a temporary introductory period. No free trial is offered, no plan converts automatically from free to paid, and a Free Personal Workspace continues for as long as the Account exists.

6.3 On Free, one Project may be live at a time in the Personal Workspace. Photograph capture, the gallery, record types, project tags, notes, Reports, and the web application remain available, and the standard Thanex stamp is applied to photographs. Completing the live Project releases the place it occupies, so a further Project may then be created. Completed Projects remain available, and their photographs and Reports may be viewed and downloaded through the web application. Tasks are not available, and the details carried by the stamp cannot be changed.

6.4 On Professional, personal Projects may be live without a numerical limit. Tasks are available, including Tasks sent by link to people who do not hold an Account, and the details carried by the stamp may be selected by the User. Completed Projects, their photographs, and their Reports remain available through the web application, where photographs may be downloaded by multi-select. Member-management features belong to a Business Workspace and are not part of Professional.

6.5 A Business plan includes every Professional feature and adds the shared functionality of a Business Workspace: Projects created for the organisation, role-based invitations, member management, workspace administration, an activity record of what has been done within the Workspace, Tasks assigned directly to members, Reports, and export. Members may be invited without a numerical limit, and no charge is made by reference to the number of members invited, the number of photographs captured, or the volume of storage consumed.

6.6 Each size of the Business plan carries an allowance of Live Projects, shared across every Business Workspace owned by its holder: three on Business · 3 projects, ten on Business · 10 projects, and no numerical limit on Business · Unlimited, subject to clause 14. Live Projects in the Personal Workspace never count towards the allowance. The applicable figure is displayed within the Service and by the relevant Store before purchase. Completed Projects do not count towards the allowance, so completing a Project releases capacity for a new one. Completed Business Projects remain accessible on a view-only basis, and an authorised User may reactivate one where the allowance permits. Where every place in the allowance is occupied, the Service offers the choice of completing an existing Live Project or of moving to a larger size, and neither route deletes a Project or a photograph.

6.7 Thanex offers no custom plans. Every plan and every size is purchased through a Store in the manner described in clause 16.

6.8 Thanex may introduce, remove, or alter plans. A change affecting an existing Subscription takes effect no earlier than the next renewal following reasonable notice, unless an immediate change is required by law, by a security consideration, or by a rule imposed by a Store.

7. Photograph Capture, the Thanex Stamp, and Location Data

7.1 A photograph captured through the mobile application may carry a stamp composed of the fields enabled for the Workspace, which may include the record type, the Project, the company, the member name, the member job title, the date and time, the project tags, a note, the GPS coordinates, and the Thanex watermark.

7.2 The enabled fields are applied to the exported photograph and, once applied, cannot ordinarily be edited or removed from the resulting image. Users must therefore verify the selected Project, record type, project tags, note, and identity details before completing a capture.

7.3 Thanex also retains the corresponding structured field values in its data model, so that records can be searched, filtered, displayed, permissioned, and exported without reading them from the image. Where the stamp is switched off, the details are not written onto the image, but they are still recorded and can be seen in the details of the photograph.

7.4 On Free the standard stamp is applied and the selection of stamp details cannot be changed. On Professional the User may configure the stamp fields. In a Business Workspace, photo stamping is set in the workspace settings by the Owner and applies to every member.

7.5 Stamping a name, a job title, a company, a precise timestamp, a workplace location, or a set of GPS coordinates onto an image places that information into every copy of the file afterwards sent, printed, or shared. A photograph carrying those fields identifies the person who took it and, frequently, the people and the premises recorded in it, so a copy forwarded to a client, an insurer, a subcontractor, or a public authority discloses more than the image alone. Business Customers must configure capture settings accordingly, must give the workplace notices that their own obligations require, and must decide which fields are genuinely necessary for the work being documented.

7.6 GPS information depends on device settings, signal availability, operating-system permissions, and the data supplied by the device. Thanex does not certify GPS coordinates, device time, user-entered information, or stamped records as independently verified forensic evidence.

7.7 Camera access is required for capture. Location permission is optional unless the controlling Business Customer makes location recording part of its own work procedure, and it can be altered at any time through device settings.

7.8 Thanex does not read or import the personal photograph library held on a User’s device, and photographs can be added to a Project only by taking them in the Service or by supplying them through a Task link under clause 8. Where a save-to-device function is offered, access is limited to writing the selected file to the device gallery.

7.9 Correction of a stamped record may require an explanatory entry or a replacement capture rather than alteration of the original file, because the applied stamp cannot be edited.

8. Tasks and Contributions from People Without an Account

8.1 An authorised User may create a Task on a selected Project. A Task carries a description of what needs doing and may carry photographs of the issue, project tags, a due date, and the people assigned to it. A Task may be assigned to a person who holds an Account or, on Professional and on a Business plan, sent by link to a person who does not, and Thanex issues a link through which that recipient sees the Task and captures or uploads the photographs required.

8.2 Responsibility for the accuracy and the lawfulness of the description, the photographs, the project tags, and the recipients entered on a Task rests with the User who created it and with the controlling Business Customer or, in a Personal Workspace, with that User alone.

8.3 A Task link expires thirty days after it is issued or when the Task is closed or revoked, whichever occurs first. Any person holding an unexpired link may use it, so a User must send it only to the intended recipient and must close the Task once the photographs required have been received.

8.4 A Contributor is not a party to any Subscription and acquires no right of access to the Project, to the Workspace, or to material supplied by anyone else. Use of a Task link constitutes acceptance of the conditions displayed on the upload page and of clauses 13, 15, and 30 of the Terms.

8.5 A Contributor must hold the rights, permissions, and lawful authority needed to supply each photograph, including any permission required from a person shown in it or from the owner or occupier of the property recorded.

8.6 In connection with an upload made through a Task link, Thanex records the photographs supplied, the time of upload, technical information about the device and the connection used, and any name or note that the Contributor chooses to enter. Location data is recorded only where the Contributor’s device supplies it and the Contributor permits it. Handling of that information is described in the Thanex Privacy Policy.

8.7 The Business Customer that controls the Workspace in which the Task was created, or the individual User where the Task was created in a Personal Workspace, determines the purposes and the means of processing the resulting Project Content and is the controller of it. A Contributor who wishes to exercise a data-protection right in respect of an upload should approach that controller, and Thanex will assist to the extent required by law.

8.8 A Contributor may ask Thanex, by writing to [email protected], to withdraw an upload before the Task is closed. Thanex will pass the request to the controlling Business Customer, which decides whether the record is removed, subject always to the Contributor’s statutory rights.

8.9 Tasks are not available in a Personal Workspace on the Free plan. A User whose own plan is Free may nevertheless create and reply to Tasks inside a Business Workspace of which that User is a member, because the active Workspace determines the entitlement under clause 4.5.

8.10 A person assigned to a Task replies by sending photographs of the completed work, with an optional note. Sending a reply does not complete the Task. The User who created the Task checks the reply and either accepts it, which completes the Task, or sends it back with a reason, in which case the Task remains active. Where the creator is the only person assigned, sending the reply completes the Task.

8.11 Photographs taken for a Task are ordinary Thanex photographs. They carry the Project, the project tags, the record type, the identity of the person who took them, the time, and the GPS coordinates where available, and they appear in the gallery of the Project. Earlier replies that were sent back remain recorded on the Task.

8.12 Thanex records due dates and the status of each Task and sends the notifications described in clause 10. Thanex does not check, certify, or guarantee that work shown in a reply has been carried out correctly, and accepting a reply is the decision of the User who accepts it.

9. Invitations, Member Search, and Access Control

9.1 A Business Workspace administrator may invite a person to join the Workspace by searching for an existing Thanex user within the application, by email address, by shareable link, or by QR code. The Projects to which access is offered are selected before the invitation is issued, and each of the four methods produces the same invitation, which confers nothing until the recipient accepts it.

9.2 The Find Thanex User function permits a search by full name or by email address, and it returns the registered full name, the job title, and a masked form of the email address of a matching User. Its sole purpose is to let an administrator confirm that the right person is being invited, and it is reached only from the member-invitation flow of a Business Workspace and exists nowhere else in the Service. It is not a public directory, it is not available to Users without invitation permissions, and it must not be used to compile lists of Thanex users, to confirm whether a particular address is registered for any purpose other than sending an invitation, or to contact a person who has not been invited. Thanex applies rate limiting and monitoring to the function and may withdraw access to it where use of that kind is detected.

9.3 An invitation displays to the recipient the organisation issuing it, the identity of the inviter, and the Projects to which access is offered. Access begins only when the recipient accepts. A recipient may decline, and an invitation that is neither accepted nor declined remains pending until it expires or is revoked by an administrator.

9.4 Where an invitation is sent to a person who does not yet hold an Account, the pending invitation is preserved through registration, so that the person joins the intended Workspace on completing signup rather than starting from an empty Account.

9.5 An accepted invitation grants access to the selected Projects only, and to nothing else within the Workspace. Access to further Projects requires a further grant by an administrator.

9.6 An invitation link may be revoked at any time by an administrator and expires automatically after the period configured within the Service. Revocation and expiry both prevent acceptance.

9.7 Push notifications and in-application notifications are used to tell a recipient that an invitation or a Task awaits a response, and to tell an administrator that one has been accepted or declined.

9.8 An administrator may remove a member from a Business Workspace at any time, and removal takes effect immediately. Removal does not delete Project Content previously created by that member, and attribution information may remain where it forms part of the records of the Business Customer.

10. Push Notifications

10.1 Push notifications may be sent to a registered device concerning Task activity, invitations, Project activity, Account security, subscription and entitlement events, material changes to the Service, and other operational matters.

10.2 Notifications of the kind described in clause 10.1 are service communications rather than marketing. Marketing messages are sent only where a lawful basis for sending them exists, and they are addressed separately in the Thanex Privacy Policy.

10.3 Notification permission is requested when the application is first used and may be withdrawn at any time within the application or through device settings. Disabling notifications may cause a User to miss time-sensitive information, and it does not alter any obligation to pay for a Subscription.

10.4 Delivery of a push notification depends on the operating-system notification services provided by Apple and Google, on network availability, and on device settings. Thanex does not guarantee that a notification will arrive or that it will arrive at a particular time.

11. Business Workspace Roles and Administrative Authority

11.1 A Business Workspace may include an Owner, one or more administrators, and members. Only the Owner may appoint an administrator, transfer ownership, or delete the Business Workspace. Administrators may create Projects, edit project settings, and invite people to the Workspace and to its Projects. Available permissions are otherwise determined by the Service and may include member management, Project creation, Task creation, record export, content invalidation, deletion, and the ownership transition described in clause 21.

11.2 An Owner or an administrator acts on behalf of the relevant Business Customer when managing Users and Project Content. Thanex may rely on instructions submitted through an authenticated administrative Account unless there are reasonable grounds to suspect fraud, error, or absence of authority.

11.3 A Business Customer is responsible for deciding who may join its Business Workspace, for assigning appropriate roles and permissions, for removing access when employment, engagement, or authority ends, for establishing lawful workplace policies on photography, monitoring, retention, and location recording, and for ensuring that administrative actions are authorised.

11.4 Where the sole Owner ceases to be available and no ownership transition has been completed, Thanex may suspend administrative changes while a replacement representative is verified. Documentary evidence of corporate authority may be requested.

12. Project Content and Business-Owned Records

12.1 As between Thanex and the relevant Business Customer, Project Content created within a Business Workspace is controlled by that Business Customer. Thanex claims no ownership of Project Content.

12.2 Project Content created within a Personal Workspace is controlled by the individual User holding the Account, whether the Workspace is on Free or on Professional.

12.3 Underlying intellectual-property ownership remains subject to applicable law and to any agreement between the User, the employer, the client, the contractor, and the Business Customer. Section 11(2) of the Copyright, Designs and Patents Act 1988 provides that, where a literary, dramatic, musical, or artistic work, or a film, is made by an employee in the course of employment, the employer is the first owner of any copyright in the work, subject to any agreement to the contrary.

12.4 Each User grants, or confirms that the User is authorised to grant, the Business Customer all permissions reasonably necessary to access, retain, use, reproduce, disclose, export, and manage Project Content created for its Business Workspace.

12.5 A User acquires no right in another Business Customer’s records merely by having captured, viewed, annotated, or administered them, and holding the Owner role confers no personal ownership of them.

12.6 In order to operate the Service, the Business Customer and each contributing User grant Thanex a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, transmit, display, back up, and technically modify Project Content, solely as required to provide, secure, maintain, and support the Service, to follow lawful instructions, and to meet legal obligations.

12.7 The licence granted by clause 12.6 ends when the relevant content is deleted from active systems, save for copies held temporarily in routine backups or in records that Thanex must retain by law.

13. Acceptable Use

13.1 A User must hold all rights, notices, permissions, consents, and lawful bases required to capture and process Project Content. Particular care is needed where photographs identify individuals, reveal private property, record vehicle registrations, contain confidential plans, or include health, biometric, trade-union, or other sensitive information.

13.2 The Service must not be used to violate any law, court order, contractual duty, intellectual-property right, privacy right, or confidentiality obligation; to photograph or monitor persons where the User lacks lawful authority; to upload unlawful, defamatory, threatening, abusive, fraudulent, or materially misleading content; to distribute malicious software; to obtain unauthorised access to an Account, Workspace, Project, network, database, or device; to circumvent entitlement, billing, security, or access controls; to impersonate another person or misrepresent authority; to extract data by automated means otherwise than through an interface expressly approved by Thanex; to resell, sublicense, copy, reverse engineer, or commercially exploit the Service except where applicable law prevents such a restriction; or to interfere materially with the security, integrity, capacity, or lawful operation of the Service.

13.3 A Task link, and a photograph link contained in a Report, must not be published openly, posted on a public website or social-media account, or forwarded to a person who has no connection with the work concerned.

13.4 Users must not treat Thanex as the sole repository for irreplaceable records where loss would create material safety, regulatory, evidential, or financial consequences. Independent exports and retention arrangements remain the responsibility of the Business Customer.

14. Fair and Lawful Use of Business Workspace Capacity

14.1 Members may be invited to a Business Workspace without a numerical limit, and photographs may be captured without a numerical limit. Nothing in clause 14 permits Thanex to cap the number of members, to refuse or delay an invitation because a Workspace has reached a particular size, to charge by reference to member numbers, or to introduce a seat, photograph-count, or storage paywall.

14.2 Clause 14 is directed at three matters only: use that is abusive or unlawful, use that is technically excessive in a manner threatening the stability of the Service for other customers, and use of Business · Unlimited beyond the normal use of one company.

14.3 Abusive or unlawful use includes the sharing of one Account among several individuals, the creation of Accounts for persons who do not exist in order to obtain entitlements, the resale or redistribution of Workspace access to persons outside the Business Customer, the use of the Service as general-purpose file storage unconnected with Project documentation, and any activity prohibited by clause 13.

14.4 Technically excessive use means automated or scripted interaction with the Service outside an interface approved by Thanex, request rates or upload rates that degrade performance for other customers, and consumption of storage or bandwidth that materially exceeds the pattern reasonably to be expected of a business of comparable size documenting its own work. Business · Unlimited provides Live Projects without a numerical limit for the normal use of one company documenting its own work. Holding Live Projects on behalf of other organisations, or in numbers that bear no relation to the work of the Business Customer, is not normal use. The Service does not warn or block on the number of Live Projects held on Business · Unlimited.

14.5 Where Thanex publishes a numerical threshold for a measure falling within clause 14.4, the threshold is stated within the Service and on the pricing page, is expressed in objective units, and applies only from the start of the first billing period beginning after it is published. Until a threshold has been published for a particular measure, no consequence may be imposed by reference to that measure alone.

14.6 Monitoring under clause 14 is confined to aggregate technical measures, namely storage volume, upload volume, request rates, and, on Business · Unlimited, the number of Live Projects. Inspection of the content of photographs, notes, or Project records forms no part of it, and the number of members in a Workspace is not a monitored measure.

14.7 Before any consequence follows, Thanex will write to the Business Customer, identify the conduct or the measure and the figure recorded, and allow a period of not less than thirty days in which to bring the use within clause 14.

14.8 If neither step is taken within that period, Thanex may restrict the specific activity giving rise to the difficulty, after further written notice. Termination on grounds arising under clause 14 requires not less than thirty days’ further written notice and a reasonable opportunity for the Business Customer to export its Project Content.

14.9 Deletion of existing Project Content is never applied as a remedy under clause 14, and invitations are never restricted under it.

15. Unlawful Content, Reporting, and Removal

15.1 Material held within the Service may be reported to Thanex at [email protected] by any person who considers that it is unlawful, that it infringes a right, or that it was captured or supplied without the authority required by clause 13. A report should identify the material as precisely as the reporting person is able, describe the ground of complaint, and give contact details sufficient for a reply.

15.2 On receiving a report, Thanex will acknowledge it, may restrict access to the material while the matter is examined, and will notify the controlling Business Customer so that it can respond. Reports are assessed against the Terms and against applicable law, including, where it applies, the Online Safety Act 2023.

15.3 Material found to be unlawful will be removed, and the Account or Business Workspace responsible may be suspended or terminated under clause 29. Where removal would destroy evidence relevant to a criminal investigation, Thanex may instead preserve the material and restrict access to it.

15.4 Reports made in bad faith, and repeated reports shown on reasonable examination to be without foundation, may be disregarded.

16. Purchasing a Subscription Through a Store

16.1 Paid subscriptions on the Professional plan and on each size of the Business plan are purchased through the Apple App Store or Google Play. Thanex operates no direct checkout for them, holds no payment-card details, and processes no such payment itself. Purchase, renewal, payment-method changes, cancellation, and refunds are administered by the Store that took the payment. The web application shows the plan held but does not sell subscriptions.

16.2 Paid Store subscriptions are offered on a monthly billing period. Thanex does not currently offer an annual billing period or a free trial.

16.3 The Terms state no price. The applicable localised price, the currency, the taxes included or added, and the billing period are displayed by Apple or by Google on the purchase screen before the transaction is confirmed, and the figures shown there govern the transaction. In a country in which the relevant Store operates tax-inclusive pricing, and the United Kingdom is one of them, the figure displayed is the figure that will be charged and it already includes value added tax. Prices differ between countries, and a price seen in one country is no guide to the price charged in another.

16.4 Thanex is available internationally. The merchant of record, the Store terms applying to the sale, the tax treatment, and the consumer rights available in respect of the purchase depend on the country of the Store account making it. For a purchaser in the United Kingdom, the merchant is Apple Distribution International Ltd. of Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, under the Apple Media Services Terms and Conditions published at https://www.apple.com/legal/internet-services/itunes/uk/terms.html, or Google Commerce Limited of 70 Sir John Rogerson’s Quay, Dublin 2, D02 R296, Ireland, under the Google Play Terms of Service published at https://play.google.com/intl/ALL_uk/about/play-terms/. A purchaser elsewhere should consult the Store terms presented at checkout, which identify the contracting entity for that country.

16.5 Each Subscription renews automatically for successive periods of the same length until it is cancelled through the relevant Store. Charging follows the rules of that Store. The Google Play Terms of Service state that a subscriber may be charged no more than twenty-four hours before the beginning of each billing period, and Google separately advises that an authorisation hold may be placed on the payment method up to forty-eight hours before a renewal, or up to five days before it where the subscriber is based in India or Brazil.

16.6 Where a Store accounts for tax on the sale as the supplier to the consumer, the purchase receipt is issued by that Store rather than by Thanex. Guidance published by HM Revenue and Customs at https://www.gov.uk/guidance/the-vat-rules-if-you-supply-digital-services-to-private-consumers explains the position for a United Kingdom supply, namely that a marketplace which sets the general terms and conditions, authorises the payment, or handles delivery of a digital service is treated as making the supply to the consumer. Thanex does not issue its own invoices for subscriptions sold through a Store.

16.7 A Subscription belongs to the Store account that purchased it. Deleting the Thanex Account does not cancel it, uninstalling the application does not cancel it, and removing a member from a Business Workspace does not cancel it.

16.8 Where a renewal payment fails and is not remedied within the period allowed by the relevant Store, paid access ends, and the consequences described in clause 19 or in clause 20 follow according to the plan concerned.

17. RevenueCat and Entitlement Administration

17.1 Thanex uses RevenueCat, Inc. to administer subscription status and to map a purchase made in a Store to the entitlements granted within the Service.

17.2 RevenueCat is not the merchant of record, sells nothing to the User, takes no payment, and does not receive the User’s complete payment-card details. The contract of sale remains with the Store identified under clause 16.4.

17.3 The information handled by RevenueCat on behalf of Thanex may comprise the Thanex application user identifier, device and technical information, Apple receipt information, Google purchase tokens, transaction identifiers, product information, subscription status, expiry and renewal information, and entitlement history. Its treatment is described in the Thanex Privacy Policy and in the Thanex Cookie Policy.

17.4 RevenueCat may move an entitlement between Thanex user identities where the Service requires it, for example on the ownership transition described in clause 21. Moving an entitlement does not move the underlying Store purchase, the billing contract, or the payment method between people, and neither Apple, Google, nor RevenueCat performs a transfer of that kind.

18. One Subscription per Account and Changing Plan

18.1 Each Account may hold one paid plan at a time, either Professional or one size of the Business plan. A plan is never bought per Workspace or per device, and it follows the Account to any device on which the User signs in.

18.2 A Subscription is linked to the Account for which it was bought. A Store account that already pays for one Thanex Account cannot be used to pay for a different Thanex Account, and Restore Purchases links a purchase only to the Account for which it was made. Moving a Subscription between Thanex Accounts is not available in the Service, and a request of that kind is handled by Thanex support on its facts.

18.3 A plan bought through one Store can be changed or cancelled only through that Store. While it is in force, the application on the other platform shows the plan but does not allow a second subscription to be bought. Family Sharing is not available for Thanex subscriptions.

18.4 A move to a larger size of the Business plan, and a move from Professional to a Business plan, takes effect as soon as the Store confirms it, and the Store credits the unused part of the previous plan under its own rules.

18.5 A move to a smaller size, and a move from a Business plan to Professional, takes effect at the next renewal. Where a smaller size would leave the Business Workspaces owned by the holder with more Live Projects than the new size allows, the Owner chooses which stay live, and the others become Completed Projects on the renewal date. No Project and no photograph is deleted.

18.6 Where the size is reduced in the Store directly and the Owner then holds more Live Projects than the new size allows, the Owner is asked to choose which stay live the next time the application is opened, and may choose later. Until a choice is made, existing Live Projects continue to work, but no new Project can be started in the Business Workspaces concerned.

18.7 A refund or a chargeback ends the plan to which it relates at once, with the same consequences as if paid access had ended on that date.

19. Cancelling Professional and the Move to Free

19.1 A Professional subscription may be cancelled at any time through the subscription settings of the Store that sold it. Cancellation stops the next renewal and does not shorten the monthly period already paid for, so Professional functionality continues until that period ends.

19.2 When paid access ends and the Personal Workspace holds no more than one Live Project, the Workspace moves directly to Free and the remaining Project stays live.

19.3 When paid access ends and the Personal Workspace holds more than one Live Project, the Service presents a downgrade flow in which the User selects the single Project that is to remain live. Until the selection is confirmed, no Project is altered.

19.4 The downgrade screen states the consequences before the User confirms, and those consequences are as follows. The selected Project remains live. Every other Live Project becomes a Completed Project. No Project and no photograph is deleted. Completed Projects, their photographs, and their Reports remain available through the web application. The Personal Workspace moves to Free. Subscribing to Professional again permits an eligible Project to be reactivated.

19.5 Nothing in clause 19 deletes Project Content. A Personal Workspace that has moved to Free keeps everything captured while Professional was in force for as long as the Account exists.

19.6 A User who deletes the Account instead of moving to Free is subject to clause 22, under which deletion is immediate and irreversible.

19.7 Clause 19 applies in the same way to the Personal Workspace of a User whose Business plan ends without a move to Professional.

20. Cancelling a Business Plan and View-Only Mode

20.1 A Business subscription may be cancelled at any time through the subscription settings of the Store that sold it. Cancellation stops the next renewal and does not shorten the monthly period already paid for.

20.2 When paid Business access ends, whether by cancellation, by a move to Professional, by a failed renewal payment that is not remedied, or by a refund, every Business Workspace owned by the holder enters View-Only Mode. View-Only Mode has no fixed end, and it continues until the Owner holds a Business plan again or deletes the Workspace.

20.3 During View-Only Mode, everyone in the Workspace may view the existing records and may download or export photographs, existing Reports, and Tasks. Nobody may capture or upload photographs, create Projects, reactivate Completed Projects, make Reports, create Tasks, send or accept replies to Tasks, invite members, or otherwise alter Project Content. Open Tasks stay as they were, members remain members, and nothing is deleted or completed.

20.4 The Owner retains the administrative functions needed to resubscribe, to export the records that the Owner’s permissions allow, to carry out an ownership transition under clause 21, and to delete the Business Workspace permanently.

20.5 Holding a Business plan again restores full functionality to the Business Workspace and to the Project Content held within it, however long the Workspace has been in View-Only Mode.

20.6 Thanex does not delete a Business Workspace, or the Project Content within it, because it is in View-Only Mode. The Workspace is deleted only when the Owner deletes it under clause 22.5.

20.7 A notice in the Service tells everyone in a Business Workspace in View-Only Mode that the Workspace is view-only and how it can be restored. Responsibility for exporting any records needed outside Thanex rests with the Owner and with the Business Customer.

20.8 View-Only Mode applies to Business Workspaces. A Personal Workspace does not enter it, because the end of a Professional subscription moves the Workspace to Free under clause 19 instead.

21. Workspace Ownership Transition

21.1 A Business plan belongs to the Account of the individual who holds it, ordinarily the Owner, and covers every Business Workspace that individual owns. The underlying Store subscription belongs to the Store account through which it was bought.

21.2 A Business Workspace may be transferred to another eligible User through a workspace ownership transition. The Workspace and the owner role move to the incoming Owner. The outgoing Owner’s plan and Store subscription do not move.

21.3 A transition requires the incoming Owner to receive the transfer request, to see the Workspace concerned together with the subscription responsibility that comes with it, and to accept ownership expressly. After the transition the Workspace is governed by the plan held by the incoming Owner.

21.4 Neither Apple, Google, nor RevenueCat transfers a billing contract or a payment method from one person to another, and Thanex makes no representation that any of them will do so. RevenueCat may move a Thanex entitlement between user identities, which is a different operation and leaves the original Store purchase where it is.

21.5 The outgoing Owner’s plan stops covering the Workspace once the transition is complete. The outgoing Owner keeps that plan for any other Business Workspace still owned, and must change or cancel it separately through the relevant Store, because the transition does not cancel it.

21.6 Where the incoming Owner holds no Business plan, or holds one without enough places for the Live Projects of the Workspace, the Workspace enters View-Only Mode under clause 20 until the incoming Owner holds a Business plan with enough places.

21.7 A transition of the owner role between two authorised representatives of the same Business Customer changes who administers the Workspace. It does not transfer the underlying business records to that individual, and clause 24.4 explains the data-protection consequence.

22. Deleting a Thanex Account and Deleting a Business Workspace

22.1 An Account may be deleted at any time from Profile › Settings in the mobile application and from the equivalent control in the web application at https://app.thanex.uk. A person who can no longer sign in may request deletion through the page published for that purpose on https://thanex.uk, and identity will be verified before the request is carried out.

22.2 No separate Personal Workspace deletion exists. Deleting the Account deletes the Personal Workspace attached to it.

22.3 Deletion of an Account takes effect immediately and cannot be reversed by the User, by Thanex, or by an administrator. No recovery period applies, no deletion queue is available to the User, and support personnel hold no facility for restoring a deleted Account. Photographs, stamped image files, notes, Tasks, and other Project Content controlled by the deleted Account are removed from the active systems of the Service at that moment.

22.4 Removal from active systems is not the same as the disappearance of every trace of the record. Copies may persist for a limited period in encrypted routine backups, which are not reachable through the Service, are not used to reinstate a deleted Account, and are purged as those backups are overwritten or expire, and in any event no later than thirty days after deletion. Separately, Thanex continues to hold accounting records, fraud-prevention and security records, records subject to a legal hold, and any information that it must retain in order to comply with the law or to establish, exercise, or defend a legal claim. The categories concerned, and the periods applying to them, are stated in the Thanex Privacy Policy.

22.5 A Business Workspace may be permanently deleted by its Owner. Deletion removes the Projects, memberships, Tasks, and Project Content held within the Workspace from active systems immediately, on the basis described in clause 22.3 and subject to clause 22.4, and it cannot be reversed. Every member should be informed and given the opportunity to export before the deletion is carried out, and responsibility for doing so rests with the Owner.

22.6 An Owner cannot delete a personal Account while continuing to own a Business Workspace. The Owner must first complete an ownership transition under clause 21 or delete the Business Workspace under clause 22.5.

22.7 Deleting an Account or a Business Workspace does not cancel a Subscription held in an Apple or Google account. A prominent warning and a link to the subscription-management settings of the relevant Store are displayed before deletion is confirmed, and the User must complete the cancellation there in order to stop further charges.

22.8 Where an ordinary member of a Business Workspace deletes an Account, the Project Content that the member created for that Workspace remains under the control of the Business Customer, together with the member’s name, role, and historical attribution, to the extent that the Business Customer lawfully requires them for the integrity of its work records. A member seeking removal of that material must approach the Business Customer, which decides the request as controller.

22.9 Every User must export any photograph or record needed for business, regulatory, insurance, evidential, contractual, or tax purposes before requesting deletion. Once deletion has been confirmed, recovery is impossible.

22.10 A member of a Business Workspace may delete the photographs that the member took. A deleted photograph is moved to the bin of the Business Workspace, where only an administrator or the Owner can restore it or delete it permanently. Permanent deletion from the bin takes effect on the basis described in clause 22.3 and subject to clause 22.4.

23. Export of Photographs

23.1 Thanex does not currently provide a complete bulk export of an Account, of a Workspace, or of the structured data held in its model.

23.2 What the Service provides is the selection of multiple photographs and their download or export through the mobile application and through the web application, the download of Reports, and the export of Tasks, subject to the active Workspace and the role and permissions of the User. Photographs in Completed Projects can be viewed and downloaded through the web application on every plan, including Free.

23.3 Completion of any required export before deleting a Project, deleting a Business Workspace, deleting an Account, or allowing paid access to lapse rests with the User and, where the records belong to a Business Customer, with that Business Customer.

23.4 An export must be released only to an authorised recipient. Identity, role, and organisational authority may be verified before a substantial or sensitive export is released.

23.5 A Report is a PDF document made from photographs selected by a User, with the details, project tags, and actions chosen for it. Reports are available on every plan. A Report that has been made does not change afterwards, and it keeps a copy of the details of each photograph as they stood when it was made. Writing an action in a Report does not change the note held on the photograph.

23.6 Each photograph in a Report carries a link that opens that photograph for anyone who has the link, without a Thanex Account. The link opens only the photograph concerned and cannot be found by typing a Photo ID. A User must send a Report, and the links in it, only to people entitled to see the photographs it contains.

24. Privacy and Data Protection

24.1 Personal data is processed in accordance with the UK General Data Protection Regulation, the Data Protection Act 2018, and, where it applies, Regulation (EU) 2016/679.

24.2 For Account administration, authentication, security, support, Service communications, subscription-entitlement records, and its own operational records, Thanex acts as controller.

24.3 For Project Content processed within a Business Workspace, including material supplied by a Contributor through a Task, the Business Customer ordinarily acts as controller and Thanex acts as processor. The Business Customer must establish its own lawful basis, supply the required privacy information, handle requests from data subjects, and issue lawful processing instructions.

24.4 The User holding the technical owner role is not, by virtue of that role, the controller of the business records. Where the owner role passes between authorised representatives of the same Business Customer, the controller does not change, and the records remain those of the organisation rather than of the individual administering them.

24.5 Processing carried out for a Business Customer requires terms complying with Article 28. A Business Customer holding a Business plan should therefore execute the Thanex Data Processing Addendum, which is available on request from [email protected]. The Thanex Data Protection and Data Management Policy describes the internal controls of Thanex and does not take the place of that Addendum.

24.6 Photographs are stored using Amazon Web Services, including Amazon S3. Further information about providers, retention, international transfers, deletion, and the rights of data subjects appears in the Thanex Privacy Policy.

25. Third-Party Services and Platform Terms

25.1 Third-party services used in connection with the Service may include Apple, Google, and Microsoft for authentication, Apple and Google for subscription billing and push delivery, RevenueCat for subscription-status and entitlement administration, Amazon Web Services for hosting and storage, and the analytics and marketing providers identified in the Thanex Privacy Policy and Cookie Policy.

25.2 Thanex is responsible for selecting and managing its contracted suppliers to the extent required by law. No responsibility is accepted for a third-party service independently selected, connected, or instructed by a User.

25.3 External links and integrations imply no endorsement or guarantee. Users must review a third party’s terms, charges, security practices, and privacy notice before activation.

25.4 Where the Thanex application has been obtained from the App Store, the following applies. The Terms are concluded between the User and Thanex alone, and not with Apple. Thanex, and not Apple, is solely responsible for the application and its content. Apple has no obligation to furnish maintenance or support services in respect of the application. Should the application fail to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price of the application, if any; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever in respect of the application. Apple is not responsible for addressing any claim by the User or by a third party relating to the application or to the User’s possession or use of it, including any product-liability claim, any claim that the application fails to conform to a legal or regulatory requirement, and any claim arising under consumer-protection or comparable legislation. Apple and its subsidiaries are third-party beneficiaries of the Terms and, upon the User’s acceptance, may enforce them against the User.

25.5 A User must comply with the terms of service of any Store used to obtain or pay for the Service, and must confirm that use of the application is permitted under any applicable export-control or sanctions restriction identified by that Store.

26. Thanex Intellectual Property

26.1 Thanex and its licensors retain all rights in the Service, including software, source material, databases, interface designs, trademarks, logos, documentation, text, graphics, and content that does not originate from a customer.

26.2 Subject to the Terms, each authorised User receives a limited, revocable, non-exclusive, non-transferable right to access and use the Service during the applicable Account or Subscription term.

26.3 No ownership right in Thanex technology is transferred. Feedback may be used by Thanex without payment or restriction, provided that confidential Project Content is not publicly disclosed through that use.

27. Copyright Complaints

27.1 A person alleging that material available through the Service infringes copyright should send a notice to [email protected] identifying the protected work, identifying and locating the allegedly infringing material, giving the complainant’s name and contact details, evidencing ownership or authority to act, stating in good faith that the disputed use is unauthorised, and confirming that the information supplied is accurate.

27.2 Access to disputed material may be restricted while the matter is investigated. The affected Business Customer or User may be invited to produce evidence of ownership, permission, licence, statutory exception, or other lawful authority.

27.3 Repeated or serious infringement may lead to suspension or termination, and a knowingly false notice may expose its sender to liability.

28. Changes to the Service

28.1 Functionality may be added, altered, or withdrawn as the Service develops. Where a change materially reduces functionality relied upon under a paid plan, notice will be given by email, within the Service, or by another durable means before the change takes effect, so far as that is practicable.

28.2 Thanex gives no warranty that Project Content will be admitted as evidence, satisfy an insurer, prove contractual performance, or meet a particular regulatory standard. Deciding what must be captured and retained remains the responsibility of the User and the controlling Business Customer.

29. Suspension and Termination by Thanex

29.1 Access may be suspended or terminated where the Terms are materially or repeatedly breached, where use creates a credible legal, security, or operational risk, where fraudulent or unauthorised activity is suspected, where suspension is required by law or by a competent authority, or where continued provision has become unlawful or technically impracticable. A failed Store payment is dealt with under clause 16.8 and leads to the Free plan or to View-Only Mode rather than to termination.

29.2 Notice and an opportunity to remedy will ordinarily be given where the breach can be remedied and immediate action is not reasonably required.

29.3 On termination, payment obligations already accrued remain due, and the clauses governing ownership, confidentiality, liability, disputes, and legal compliance survive to the extent that their nature requires continued effect.

29.4 A Subscription purchased through a Store is not cancelled by a suspension or termination imposed by Thanex. The User must cancel it through the relevant Store in order to stop further charges.

30. Liability

30.1 Nothing in the Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for a liability that cannot lawfully be restricted, or for any matter protected by sections 47, 57, 62, or 65 of the Consumer Rights Act 2015.

30.2 For Consumers, Thanex is responsible for reasonably foreseeable loss caused by its breach of the Terms or by a failure to exercise reasonable care and skill. Thanex is not responsible for business losses suffered by a Consumer, nor for loss caused by unlawful use, inaccurate input, device settings, failure to export records, or unauthorised disclosure by the Consumer.

30.3 For Business Customers, and subject to clause 30.1, Thanex is not liable for loss of profit, revenue, business opportunity, anticipated savings, goodwill, or contract, nor for indirect or consequential loss.

30.4 Subject to clause 30.1, the aggregate liability of Thanex to a Business Customer arising in any period of twelve months will not exceed the greater of £100 or the amounts paid for Subscriptions in respect of that Business Customer during the twelve months preceding the event giving rise to the claim.

30.5 A limitation applying to a Business Customer is subject to the requirement of reasonableness in the Unfair Contract Terms Act 1977.

30.6 Liability towards a Contributor is limited to matters arising from the handling of an upload by Thanex, and Thanex is not liable for the use that a controlling Business Customer makes of material supplied through a Task.

31. Business-Customer Indemnity

31.1 A Business Customer shall indemnify Thanex against third-party claims, losses, and reasonable legal costs arising from unlawful Project Content, from unauthorised workplace photography, from infringement of third-party rights, from unlawful monitoring of employees, from the misuse of a Task link, a Report photograph link, or the Find Thanex User function, or from instructions that would place Thanex in breach of the law.

31.2 No indemnity applies to the extent that the loss was caused by the breach, negligence, or unlawful conduct of Thanex. Clause 31 does not apply to Consumers.

32. Changes to the Terms

32.1 The Terms may be amended to reflect legal requirements, security measures, provider changes, new functionality, or changes to the Service.

32.2 Material changes will be notified by email, within the Service, or through another durable-medium communication. A change affecting a paid Subscription will not retrospectively alter charges already paid.

32.3 Where a material change causes substantial detriment, the Subscription may be cancelled through the relevant Store before the change takes effect. Mandatory consumer protections are unaffected.

32.4 Chapter 2 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, which will regulate subscription contracts in the United Kingdom, had not been brought into force as at the date at the head of the Terms. Responding on 2 April 2026 to the consultation on its implementation, the Government stated that it anticipates the regime coming into force in spring 2027, and that it will provide for two cancellation periods of fourteen days each, namely an initial cooling-off period on entering the contract and a renewal cooling-off period after a trial or a contract of twelve months or more renews. Once the Chapter commences, any mandatory reminder notice, cooling-off right, cancellation procedure, or remedy arising under it will override an inconsistent provision of the Terms.

33. Complaints and Dispute Resolution

33.1 A complaint should be sent first to [email protected], with enough detail about the Account, the Workspace, the date, and the function concerned to permit an examination, together with the outcome sought.

33.2 Both parties shall attempt in good faith to resolve a complaint through direct written correspondence before either commences proceedings.

33.3 Alternative dispute resolution for consumer contract disputes in the United Kingdom is governed by Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, which came into force on 6 April 2026 and under which providers of alternative dispute resolution must be accredited. Schedule 27 to that Act revoked the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 with effect from the same date. Thanex is not a member of an accredited scheme and is under no obligation to join one, and nothing in the Terms requires either party to submit a dispute to alternative dispute resolution.

33.4 The European Online Dispute Resolution platform has been discontinued under Regulation (EU) 2024/3228, so no complaint can be submitted through it. A Consumer resident in the European Economic Area may instead consult the list of alternative dispute resolution bodies published by the European Commission at https://consumer-redress.ec.europa.eu/index_en.

33.5 A complaint about a payment collected by Apple or Google must be raised with the Store that collected it, in the manner described in the Thanex Refund and Cancellation Policy.

34. Governing Law and Jurisdiction

34.1 The Terms, and any non-contractual obligation arising from them, are governed by the law of England and Wales.

34.2 Business Customers submit to the exclusive jurisdiction of the courts of England and Wales.

34.3 Clause 34.1 does not deprive a Consumer of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country in which that Consumer is habitually resident. Where the mandatory consumer law of that country gives a greater protection than the law of England and Wales, the greater protection applies.

34.4 A Consumer resident in the United Kingdom may bring proceedings in the courts applicable to the part of the United Kingdom in which that Consumer resides. A Consumer resident elsewhere retains any mandatory jurisdictional right granted by the law of that Consumer’s habitual residence.

35. General Provisions

35.1 Failure to enforce a right does not waive that right.

35.2 If a provision is held invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will continue in effect.

35.3 A User may not assign contractual rights without the written consent of Thanex. Thanex may assign the Terms as part of a merger, restructuring, financing, or transfer of the Service, provided that mandatory User rights are not reduced.

35.4 Save as stated in clause 25.4, no person other than the parties has a right to enforce the Terms under the Contracts (Rights of Third Parties) Act 1999.

35.5 Electronic communications, Account records, and Store purchase confirmations may be retained as evidence of the agreement. Contract terms are made available in a form capable of storage and reproduction, in accordance with regulation 9 of the Electronic Commerce (EC Directive) Regulations 2002.

35.6 The Terms, the Thanex Privacy Policy, the Thanex Refund and Cancellation Policy, the Thanex Cookie Policy, the plan description shown by the relevant Store, and any Data Processing Addendum together constitute the entire agreement concerning the Service.

36. Contact Details

Questions, notices, reports, and legal communications may be sent to Thanex Ltd, Flat 11, Mill Pond Place, Mill Lane, Maidstone, England, ME14 1GL, United Kingdom.

Email: [email protected]

Website: https://thanex.uk

Web application: https://app.thanex.uk

Company number: 16426957.