Terms of Service

1.1 These Terms of Use ("Terms") govern your use of the Logbook mobile application and the related services made available through it (together, the "Service").

1.2 The Service is provided by Spectinga Limited, a company registered in Scotland (company number SC685003) with its registered office at 15 Queen Street, Edinburgh, EH2 1JE, United Kingdom ("Spectinga", "we", "us", "our"). Our ICO registration number is ZB035698.

1.3 By installing the Logbook application, signing in with a pairing code, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1.4 These Terms form a legal agreement between you and Spectinga. They are not an agreement between you and Apple Inc. or Google LLC. Clause 18 sets out additional terms that apply because you obtained the application from an app store.

In these Terms:

• "Authorised User" or "you" means the individual technician or other individual permitted by a Customer to use the Service under an account provisioned by us.
• "Customer" means the organisation or individual that has entered into a separate written agreement with us for the Service and at whose request your account was provisioned. Where you have contracted with us directly and in your own name, you are both the Customer and an Authorised User, and clause 3.5 applies.
• "Customer Agreement" means the master services agreement, order form or other written contract between us and the Customer.
• "Job Content" means audio recordings of work narration, the transcripts derived from them, machine and job records, job cards (complaint, cause and correction summaries), matched job operations, and any other content created in the Service and associated with a job.
• "Private Content" means notebook entries, voice notes, telephone calls made or received through the Service, call recordings, call transcripts, call notes, call metadata, contact records, and tasks, in each case associated with your account and not shared by you under clause 6.6.
• "Your Content" means Job Content and Private Content together.
• "Assigned Number" means any telephone number we make available to you through the Service.

3.1 You must be at least 18 years old to use the Service.

3.2 Accounts are provisioned by us. You cannot create an account yourself. Your account is provisioned at the request of a Customer, and you may use the Service only for the business purposes of that Customer.

3.3 You use the Service in a business capacity, for the business purposes of the Customer, and not as a consumer. Nothing in these Terms excludes or limits any right you have that cannot lawfully be excluded or limited; see clause 16.7.

3.4 Except where you are the Customer, the Customer may suspend or deactivate your account at any time and for any reason, without notice to you and without our involvement. We will act on the Customer's instruction. We are not responsible to you for the consequences of that instruction, including loss of access to Your Content.

3.5 Where you are also the Customer, the Customer Agreement between us governs fees, term, suspension, deactivation, and the export and deletion of Your Content, and prevails over these Terms to the extent of any conflict. Clauses 3.4, 3.7, 14.2(a) and 14.2(b) do not apply to you.

3.6 You are responsible for keeping your device and your access to the Service secure. Tell us promptly at info@spectinga.com if you believe your account has been accessed by someone else.

3.7 You pay us no fee under these Terms. Any fee for the Service is payable by the Customer under the Customer Agreement. Nothing in these Terms obliges us to provide the Service to you if the Customer Agreement ends or is suspended.

4.1 We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Logbook application on mobile devices that you own or control, and to access the Service through it, for the duration of your authorisation by the Customer and solely for the Customer's business purposes. Where you obtained the application from the Apple App Store, clause 4.3 governs the devices on which you may use it.

4.2 The Service is licensed, not sold. We and our licensors retain all right, title and interest in and to the Service, including all intellectual property rights in it. No rights are granted to you other than those expressly set out in these Terms.

4.3 Where you obtained the application from the Apple App Store, this licence is further limited by the Usage Rules in the Apple Media Services Terms and Conditions, and permits use on Apple-branded products that you own or control as those rules allow.

5.1 You will not:

• (a) use the Service for any purpose other than the Customer's business purposes;
• (b) use the Service to record any conversation, or any person, where you do not have the consent or authority required by clause 7;
• (c) use the Assigned Number for personal calls, or for any purpose unconnected with the Customer's business (see clause 8);
• (d) copy, modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Service, or attempt to derive its source code, except to the extent that this restriction cannot lawfully be excluded;
• (e) rent, lease, lend, sell, sublicense, distribute or otherwise transfer the Service, or make it available to any third party;
• (f) share your account credentials, or permit any other person to use your account;
• (g) interfere with or disrupt the Service, circumvent any access control or rate limit, or probe or test the vulnerability of any system or network;
• (h) use the Service to store or transmit any content that is unlawful, defamatory, harassing, or infringing of another person's rights;
• (i) use the Service, or any output of it, to build or train a competing product or machine-learning model; or
• (j) use the Service in breach of any applicable law, including export control and sanctions law.

5.2 You represent that you are not located in a country subject to a United States Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.

6.1 We do not own Your Content and we do not claim to. To the extent that we acquire, by operation of law, any right, title or interest in any transcript, summary, job card, matched operation, call note or other work generated by the Service from Your Content — including any right arising because that work is computer-generated — we assign that right to the Customer absolutely, with full title guarantee, immediately on its creation, and we will do anything reasonably necessary to give effect to that assignment.

6.2 As between you and the Customer, the ownership of and rights in Your Content are determined by your employment or engagement relationship with the Customer and by the Customer Agreement, and not by these Terms. Where you are the Customer, clause 6.1 assigns those rights to you.

6.3 You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, process, transcribe, analyse and display Your Content, and to create derived works from it, in each case for the purposes of operating and providing the Service and as permitted by clause 13. This licence is granted in respect of intellectual property rights only. It is not, and does not operate as, an authority to process personal data; that authority comes from the Customer as controller under clause 11.

6.4 We retain all database rights in the aggregate corpus of data held in the Service. Nothing in this clause permits us to use Your Content otherwise than as clause 13 allows.

6.5 Job Content is visible to the Customer. Recordings, transcripts, job cards and related job records created by you are made available to the Customer through the Logbook platform. You should not narrate anything into a job recording that you would not wish the Customer to hear or read.

6.6 Private Content is not visible to the Customer by default. Notebook entries, voice notes, calls, call recordings, call transcripts, call notes and call metadata associated with your account are private to you unless and until you choose to share them through a feature of the Service that is expressly provided for that purpose. Sharing is irreversible in the sense that we cannot un-share content that the Customer has already seen.

6.7 The restriction in clause 6.6 is an access control that we operate on the Customer's instruction and as part of the Service the Customer has chosen. It limits who within the Customer's organisation may see Private Content. It does not alter the Customer's role as controller of that content under clause 11, and it does not restrict our access. We may access Your Content, including Private Content, where reasonably necessary to operate, secure, support and troubleshoot the Service, to comply with law, or to investigate a suspected breach of these Terms. Our handling of personal data is described in our Privacy Policy.

6.8 You have no right to require us to delete Your Content. Your Content is a business record of the Customer. Requests to delete, correct or export it must be made to the Customer, who will instruct us. Where you are the Customer, those requests are made to us and are governed by your agreement with us. Nothing in this clause affects any right you may have under data protection law in respect of your personal data; see the Privacy Policy.

6.9 Employer monitoring. The Customer may use Job Content, including recordings of your voice and transcripts of what you said, to review, assess or monitor your work. Whether and how the Customer does so, and what notice or consultation is required before it does, is a matter between you and the Customer under employment and data protection law. We do not make that decision and we do not police it. Private Content is not made available to the Customer for this or any other purpose except where you share it under clause 6.6.

7.1 The Service records audio. It records your work narration when you start a recording, and, depending on the recording setting applied to your account, it may record telephone calls that you make or receive through the Service.

7.2 You are responsible for obtaining any consent, and giving any notice, that the law requires before a recording is made. This includes, in the case of a telephone call, informing the other party that the call is being recorded where you are required to do so, and, in the case of work narration, the position of any other person whose voice or personal information may be captured while you narrate.

7.3 You warrant that each recording you make using the Service is lawful, and that you have obtained every consent and given every notice required in respect of it.

7.4 On calls you make from the Service, no announcement of any kind is played to the person you call. If that call is recorded, the person you have called will not be told so by the Service. If they are to be told, you must tell them yourself.

7.5 On calls made to your Assigned Number, the Service can play a spoken announcement before the call is connected, but it does not do so unless an announcement has been configured for your account. Newly provisioned accounts have no announcement configured. You may enable the standard announcement, substitute your own wording, or leave it disabled.

7.6 Where no announcement is played — which is always the case on calls you make, and the default on calls you receive — you record without the Service having given any notice, and you accept the legal consequences of doing so. We do not verify that an announcement is configured, that its wording is adequate, or that you have obtained consent by some other means. The Service is a tool. The legal duty under clauses 7.2 and 7.3 is yours and, where applicable, the Customer's, whether or not an announcement is played.

7.7 You must not use the Service to record in any location, or in any circumstance, where recording is prohibited, including where a site operator, customer or employer has prohibited it.

8.1 We may assign a telephone number to your account so that you can make and receive calls through the Service.

8.2 The Assigned Number is not yours. It is provisioned to us by our telephony provider and made available to you for the duration of your authorisation. You have no ownership of it, no right to port it to another provider, and no expectation that it will be retained for you. We may change or reclaim it, and we will reclaim it when your account is deactivated.

8.3 The Assigned Number must not be used for personal calls. You have no expectation of privacy, as against us, in any call made or received on the Assigned Number, and any such call may be recorded, transcribed and stored in accordance with the recording setting applied to your account.

8.4 Emergency calls. The Service must not be used to call the emergency services. The Service is a voice-over-internet service. It does not support calls to 999, 112 or any other emergency number, it does not transmit your location to an emergency operator, and it will not work if your device loses power or data connectivity. Always use a conventional mobile or fixed-line telephone to call the emergency services.

8.5 You are responsible for any mobile data, roaming and network charges you incur in using the Service.

9.1 The Service uses automated speech recognition and large language models, provided by third parties, to transcribe recordings and to draft summaries, job cards, call notes, matched job operations and parts suggestions.

9.2 This output is a draft. It is generated by machine and it will sometimes be wrong. Transcription may mishear you. A summary may omit, invent or misattribute a fact. A matched job operation may be the wrong operation. A parts suggestion may return a part that does not fit the machine.

9.3 You must review any output of the Service before relying on it, submitting it, or acting on it. You remain responsible for the accuracy of any record you submit and for any decision you take.

9.4 Do not rely on the output of the Service for any decision affecting safety. The Service is not a diagnostic tool, is not an authority on the safe repair or operation of any machine, and must not be used in place of the manufacturer's documentation, a competent person's judgement, or any applicable safety procedure.

9.5 Machine, build-sheet, vehicle and parts data is supplied by third parties. We do not warrant that it is accurate, complete or current, and we are not responsible for it.

9.6 We do not warrant that any transcript is a complete or accurate record of what was said, and a transcript should not be treated as evidence of the content of a conversation.

10.1 The Service is under active development. Features may be added, changed, restricted or withdrawn at any time and without notice to you. The Service may contain defects. It may behave in ways that are not documented.

10.2 We do not commit to any level of availability, uptime or support, and we may suspend or discontinue the Service, or any feature of it, at any time.

10.3 We deploy changes to the Service continuously. We do not undertake to give you advance notice of a change, to preserve any feature, or to maintain backward compatibility with any version of the application you have installed.

10.4 You may need to install updates to continue using the Service. We may cease to support older versions of the application.

11.1 Our collection and use of personal data in connection with the Service is described in our Privacy Policy, available at https://logbookco.com/privacy, which forms part of these Terms.

11.2 The Customer is the controller of Your Content, including Private Content, and we process it only as the Customer's processor and on the Customer's documented instructions. The access controls described in clause 6.7, and the recording settings described in clauses 7.4 and 7.5, are features of the Service that the Customer has chosen; they do not transfer control of Your Content to you or to us. The terms required by Article 28 of the UK GDPR are set out in the Customer Agreement.

11.3 We are the controller only of the personal data we process for our own purposes: your account and authentication data, your device and diagnostic data, and usage and product-analytics data about how the Service is used. Our processing of that data is described in the Privacy Policy.

11.4 We do not process Your Content for our own purposes. Clause 13 states the only exception, and it applies to anonymous data, which is not personal data.

11.5 The Service requires access to your device's microphone. It may, with your permission, request access to notifications, contacts and telephony features. You may refuse or withdraw these permissions, and some features will not work if you do.

12.1 The Service depends on services supplied by third parties, including cloud hosting, speech-to-text transcription, artificial-intelligence language models, telephony, push notifications, product analytics, and parts and vehicle data. The Privacy Policy identifies the categories of these providers.

12.2 We are not responsible for the acts, omissions or availability of any third-party service, and the failure of a third-party service may cause the Service to be unavailable or to fail.

12.3 You must comply with any applicable third-party terms of use when you use the Service, including those of your mobile network operator, Apple and Google.

13.1 We process Your Content only on the Customer's documented instructions, for the purpose of providing the Service. We do not process Your Content for our own purposes.

13.2 The Customer instructs and authorises us, in the Customer Agreement, to produce anonymous statistical and aggregate data from Your Content and from records of how the Service is used. Anonymisation is carried out as part of that instructed processing.

13.3 Data is anonymous for the purposes of clause 13.2 only where it has been irreversibly aggregated or stripped of identifiers such that neither we nor any other person, using all means reasonably likely to be used, can identify you, the Customer, any machine, any job, or any person on a call. Pseudonymised data is not anonymous data and is not within clause 13.2. We will not attempt to reverse any anonymisation.

13.4 Once data is anonymous within clause 13.3 it is no longer personal data, and we may use it to operate, secure, analyse and improve the Service, to develop new features, and for our legitimate business purposes.

13.5 We do not use your recordings, transcripts, job cards, call notes or other Content to train machine-learning models. Nothing in this clause 13 permits us to use any recording or any transcript, whether pseudonymised or not, for any purpose other than providing the Service to the Customer.

13.6 Nothing in this clause 13 permits us to disclose Your Content to any third party except as described in the Privacy Policy, as the Customer instructs, or as required by law.

14.1 You may stop using the Service at any time. Uninstalling the application does not delete Your Content from the Service.

14.2 We may suspend or terminate your access to the Service immediately, without notice and without liability to you, if:

• (a) the Customer deactivates your account or instructs us to do so;
• (b) the Customer Agreement expires or is terminated;
• (c) we reasonably believe you have breached these Terms, in particular clause 5, 7 or 8; or
• (d) we are required to do so by law, or by a third-party provider on whom the Service depends.

14.3 On termination, your licence under clause 4 ends immediately and you must stop using the Service. Your Content is dealt with as provided in the Customer Agreement and the Privacy Policy. We are not obliged to return Your Content to you.

14.4 Clauses 2, 4.2, 5.1(d), 6, 7.3, 9, 12, 13, 14.3, 14.4, 15, 16, 18 and 19 to 21 survive termination.

15.1 To the fullest extent permitted by law, and subject to clause 16.1, the Service is provided "as is" and "as available", and we exclude all warranties, conditions, representations and terms, whether express or implied by statute, common law or otherwise, including any implied term as to satisfactory quality, fitness for a particular purpose, accuracy, or non-infringement.

15.2 We do not warrant that the Service will be uninterrupted, error-free, secure, or free from defects, that any defect will be corrected, or that any output of the Service will be accurate or fit for any purpose.

15.3 Nothing in this clause limits any warranty or remedy the Customer may have under the Customer Agreement.

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

16.2 Subject to clause 16.1, we will not be liable to you for:

• (a) any loss of profit, revenue, business, contract, opportunity, anticipated saving, goodwill or reputation;
• (b) any loss arising from your reliance on any output of the Service, including any transcript, summary, job card, matched operation or parts suggestion;
• (c) any loss arising from your inability to place a call, including an emergency call;
• (d) any loss arising from the Customer's use of, or refusal of access to, Your Content, or from the Customer's decision to deactivate your account; or
• (e) any indirect or consequential loss,

in each case whether arising in contract, delict or tort (including negligence), breach of statutory duty or otherwise, and whether or not the loss was foreseeable.

16.3 Loss or corruption of Your Content is not excluded. Our liability for it is limited by clause 16.4 and not otherwise.

16.4 Subject to clause 16.1, our total aggregate liability to you arising out of or in connection with these Terms and the Service, however arising, is limited to £100.

16.5 You pay us nothing under these Terms, and the allocation of risk in this clause 16 reflects that fact. Commercial remedies in respect of the Service are those set out in the Customer Agreement, and are available to the Customer as such.

16.6 Where you are the Customer, clauses 16.2, 16.4 and 16.5 do not apply to you, and our liability to you is limited as set out in the Customer Agreement. Where you are the Customer and no such agreement is in force, clauses 16.2 and 16.4 apply.

16.7 Nothing in these Terms excludes or limits any right or remedy you may have that cannot lawfully be excluded or limited, including under the Consumer Rights Act 2015 if you are found to be a consumer.

17.1 We may amend these Terms from time to time. If we make a material change, we will give you notice in the application or by email before it takes effect.

17.2 Your continued use of the Service after a change takes effect constitutes acceptance of the amended Terms. If you do not accept them, you must stop using the Service.

18.1 Apple

Where you obtained the application from the Apple App Store, the following applies, and prevails over any conflicting provision of these Terms:

• (a) These Terms are between you and Spectinga only, and not with Apple. Spectinga, not Apple, is solely responsible for the application and its content.
• (b) The licence granted to you in clause 4 is limited as set out in clause 4.3.
• (c) Spectinga, not Apple, is solely responsible for providing any maintenance and support services in respect of the application, as specified in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support in respect of the application.
• (d) Spectinga is solely responsible for any product warranties in respect of the application, whether express or implied by law, to the extent not effectively disclaimed, and for any claim, loss or liability attributable to any failure of the application to conform to any warranty. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the application to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever in respect of the application.
• (e) Spectinga, not Apple, is responsible for addressing any claim by you or a third party relating to the application or your possession or use of it, including product liability claims, any claim that the application fails to conform to a legal or regulatory requirement, and any claim arising under consumer protection, privacy or similar legislation, including in connection with the application's use of the HealthKit and HomeKit frameworks if applicable.
• (f) In the event of a third-party claim that the application or your possession and use of it infringes that third party's intellectual property rights, Spectinga, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
• (g) You must comply with clause 5.2 (legal compliance and export).
• (h) Spectinga's contact details for any question, complaint or claim in respect of the application are those in clause 21.
• (i) You must comply with any applicable third-party terms of agreement when using the application.
• (j) Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and on your acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.

18.2 Google

Where you obtained the application from Google Play, you acknowledge that these Terms are between you and Spectinga only, and not with Google LLC; that Google is not responsible for the application or its content; and that your use of Google Play is governed by the Google Play Terms of Service.

19.1 Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and us in respect of the Service, and supersede any prior agreement, representation or understanding between us in respect of it. Nothing in this clause limits liability for fraudulent misrepresentation.

19.2 Relationship to the Customer Agreement. These Terms govern your individual use of the Service. They do not vary the Customer Agreement. If a provision of these Terms conflicts with the Customer Agreement, the Customer Agreement prevails as between us and the Customer, and these Terms continue to govern your use.

19.3 Assignment. You may not assign or transfer any of your rights or obligations under these Terms. We may assign or transfer ours, including on a sale of our business, without your consent.

19.4 Third-party rights. Except as provided in clause 18.1(j) in favour of Apple, a person who is not a party to these Terms has no right to enforce any of their provisions.

19.5 Severability. If any provision of these Terms is held to be invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be, severed. The remaining provisions continue in full force.

19.6 No waiver. Our failure or delay in enforcing any provision of these Terms is not a waiver of it.

19.7 Force majeure. We are not liable for any failure or delay in performance caused by an event beyond our reasonable control.

19.8 Notices. We may give you notice through the application, or by email to the address associated with your account. You may give us notice at the address in clause 21.

20.1 These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), are governed by and construed in accordance with the law of Scotland.

20.2 The Scottish courts have exclusive jurisdiction to settle any such dispute or claim.

Spectinga Limited

15 Queen Street, Edinburgh, EH2 1JE, United Kingdom
Registered in Scotland, company number SC685003

• General and legal: info@spectinga.com
• Privacy and data protection: info@spectinga.com
• Security: info@spectinga.com