Terms of Service

Last updated: 3 April 2026

1. About These Terms

These Terms of Service ("Terms") form a legally binding agreement between you and Flowstate Systems ("we", "us", "our"), a sole trader business based in Derry, Northern Ireland, United Kingdom, operating under the trading name Flowstate Systems.

By creating an account or using Gaffer ("the Service"), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

"You" means the individual or legal entity that has registered for the Service. If you are registering on behalf of a company or organisation, you confirm that you have the authority to bind that entity to these Terms.

2. What Gaffer Does

Gaffer is a cloud-based construction workforce management platform. The Service provides:

Clock-in and clock-out tracking with face photo verification and GPS location capture
Digital compliance forms, toolbox talks, and safety documentation
CSCS card and certification tracking with expiry alerts
Worker management, site assignment, and attendance records
Payroll data aggregation including CIS and PAYE classification
PDF report generation and data export
An AI-powered assistant for workforce insights and queries (available on Pro and Enterprise tiers)
A progressive web app (PWA) for workers to use on their own devices, with offline capability

The Service is provided as a software-as-a-service (SaaS) product accessible via web browser and as an installable PWA.

3. Accounts and Access

3.1 Admin Accounts

When you sign up for Gaffer, you create an admin account. Admin accounts have full control over company data, worker management, site configuration, form templates, and billing. You are responsible for all activity that occurs under your admin account.

3.2 Worker Accounts

Admin users create and manage worker accounts. Workers access the Service through a PIN-based login on the PWA. Admin users are responsible for ensuring that workers are informed about how the Service collects and processes their personal data, including face photos and GPS location. See Section 10 for your obligations as an employer.

3.3 Account Security

You must keep your login credentials confidential and not share them with unauthorised individuals.
You must notify us promptly if you become aware of any unauthorised access to your account.
We are not liable for any loss arising from unauthorised use of your account where you have failed to keep your credentials secure.

4. Acceptable Use

You agree to use the Service only for its intended purpose of workforce management in the construction industry or related sectors. You must not:

Use the Service for any unlawful purpose or in violation of any applicable law or regulation
Attempt to access, modify, or delete data belonging to other companies or accounts
Upload malicious software, attempt to compromise system security, or conduct any form of penetration testing without our prior written consent
Use the Service to harass, monitor, or surveil workers beyond what is reasonably necessary for legitimate workforce management
Resell, sublicense, or redistribute access to the Service without our written permission
Use the AI features to generate harmful, discriminatory, misleading, or illegal content
Scrape, crawl, or use automated means to extract data from the Service beyond the provided export features
Circumvent any usage limits, security measures, or access controls

We reserve the right to suspend or terminate accounts that violate these terms, with or without prior notice depending on the severity of the violation.

5. Data, Privacy, and Your Responsibilities

We collect and process personal data as described in our Privacy Policy. This includes worker names, face photographs, GPS locations, signatures, CSCS card details, employment information (pay rates, CIS/PAYE status), clock times, and form submissions.

You acknowledge that the Service processes special category and sensitive personal data, including photographs used for identity verification. You are responsible for ensuring that your use of the Service complies with applicable data protection legislation, including the UK General Data Protection Regulation ("UK GDPR") and the Data Protection Act 2018.

You retain ownership of all data you input into the Service. We do not claim ownership of your data. We process your data solely to provide the Service as described in these Terms and our Privacy Policy.

6. Employer Responsibilities

As the employer or engaging party using Gaffer to manage your workforce, you have specific responsibilities:

Informing workers: You must inform your workers, before they first use the Service, that Gaffer captures face photographs at clock-in and clock-out, records GPS location at clock events, and stores their personal data including employment details and certification information. You should provide this information as part of your own privacy notice or data protection policy.
Lawful basis: You are responsible for establishing and maintaining a lawful basis under UK GDPR for the processing of your workers' personal data through the Service. This may include legitimate interests, contractual necessity, or legal obligation depending on the data type and your relationship with the worker.
Worker rights: You must facilitate and not obstruct your workers' data protection rights, including subject access requests, rectification, and erasure requests. If a worker contacts us directly, we will direct them to you in the first instance, but we will cooperate with you to fulfil valid requests.
Accuracy: You are responsible for ensuring the accuracy of worker data you enter into the Service, including pay rates, employment classification (CIS/PAYE), and certification details.
Appropriate use: You must not use face photographs, GPS data, or other data collected through the Service for purposes beyond reasonable workforce management, such as discriminatory profiling or disproportionate surveillance.

7. AI Features

The AI assistant feature (available on Pro and Enterprise tiers) is powered by Anthropic's Claude API. When you use the AI assistant:

Your company's workforce data (jobs, workers, forms, clock events) is sent to Anthropic to generate responses to your queries.
Anthropic does not use your data to train its AI models. Data is processed solely to generate the specific response you requested.
AI-generated insights, summaries, and recommendations are provided as guidance only. They do not constitute legal, safety, health and safety, employment, tax, or financial advice.
You must not rely on AI outputs as the sole basis for safety-critical decisions, compliance determinations, or employment decisions. A qualified human must review and approve any such decisions.
AI features are subject to usage limits based on your subscription tier. If you exceed your message allowance, AI features will be paused until the next billing cycle.

8. Pricing, Payment, and Subscription

Pricing is as stated on our website at the time of account creation or as otherwise agreed in writing.
Monthly subscriptions are billed in advance on a recurring basis.
Setup fees, where applicable, are non-refundable once onboarding has commenced.
We reserve the right to adjust pricing with a minimum of 30 days' written notice. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.
If payment fails, we will attempt to notify you. Continued failure to pay may result in suspension of your account.
All prices are quoted exclusive of VAT unless stated otherwise.

9. Data Retention and Deletion

Active account data is retained according to your subscription tier:

Site (Starter): 12 months of historical data
Site Pro: 24 months of historical data
Site Enterprise: Unlimited data retention

Upon account cancellation or termination:

Your data will be retained for 30 calendar days to allow you to request an export.
After 30 days, all data associated with your account - including worker records, clock events, photographs, form submissions, and AI conversation history - will be permanently and irreversibly deleted from our systems and third-party processor infrastructure.
You may request a full data export at any time while your account is active or within the 30-day post-cancellation window.

10. Intellectual Property

All intellectual property rights in the Service itself - including the software, design, branding, documentation, and any proprietary technology - are owned by Flowstate Systems or our licensors. These Terms do not grant you any rights to our intellectual property beyond the limited right to use the Service as described.

You retain all rights to your own data. By using the Service, you grant us a limited licence to process your data solely for the purpose of providing and improving the Service.

11. Service Availability and Offline Mode

We aim for high availability but do not guarantee uninterrupted access to the Service. From time to time, the Service may be unavailable due to maintenance, updates, or circumstances beyond our control.

The worker PWA includes offline functionality. Clock events and form submissions captured while offline are stored locally on the worker's device and will sync automatically when connectivity is restored. We are not responsible for data loss resulting from the worker clearing their browser data or uninstalling the PWA before offline data has synced.

We will make reasonable efforts to provide advance notice of planned maintenance that may affect availability.

12. Limitation of Liability

To the maximum extent permitted by law:

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Service will be error-free, secure, or uninterrupted, or that any defects will be corrected.
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, or business interruption, arising out of or in connection with your use of the Service.
Our total aggregate liability to you for any claims arising under or in connection with these Terms shall not exceed the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.
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 be excluded or limited under applicable law.

13. Indemnification

You agree to indemnify and hold harmless Flowstate Systems from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

Your breach of these Terms
Your violation of any applicable law or regulation, including data protection law
Your failure to inform workers about data collection and processing as required by Section 6
Any dispute between you and your workers relating to data collected through the Service
Your use of AI-generated outputs in a manner that causes harm or loss

14. Termination

You may cancel your subscription at any time by contacting us at hello@gafferai.uk. Cancellation takes effect at the end of the current billing period.
We may terminate or suspend your account immediately if you materially breach these Terms, including non-payment, acceptable use violations, or illegal activity.
We may terminate the agreement for convenience with 30 days' written notice.
Upon termination for any reason, the provisions of these Terms that by their nature should survive (including limitation of liability, indemnification, and intellectual property) will continue to apply.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or in-app notification at least 14 days before the changes take effect. Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the changes, you should stop using the Service and cancel your account.

16. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, strikes, government actions, power failures, internet outages, or third-party service failures.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Flowstate Systems in relation to the Service. They supersede all prior agreements, representations, and understandings, whether written or oral.

19. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Northern Ireland and the United Kingdom. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Northern Ireland.

20. Contact

If you have any questions about these Terms, please contact us:

Email: hello@gafferai.uk
Business: Flowstate Systems, Derry, Northern Ireland, BT48