openmoove

This User Agreement is a contract between our Customer, its Authorised Users and Open Moove Limited (we/us/our). It applies to your individual use of our fully integrated solution and platform, known as openmoove (Platform).

The Platform is owned and operated by us. We are a UK registered company (number 15990727) and our registered office is at Office F12, Ty Menter, Navigation Park, Abercynon, Mid Glamorgan, Wales, CF45 4SN.

This User Agreement together sets out the terms on which you agree to access the Platform. It is made between us and the person using the Platform. As a user, you have been granted access in connection with a property transaction by a connected party who has signed our licence and related terms. By accessing the Platform, you agree to be bound by this User Agreement (and any other terms incorporated into it by reference) and to comply with its terms in full. If you don’t accept its terms, you must not use the Platform.

We may amend this User Agreement at any time (with or without notice to you). You should check regularly (to understand the terms that apply at that time) and you may wish to print a copy of this User Agreement for your future reference. If you have any related queries, please contact us at hello@openmoove.com.

What openmoove is and does
1. Access to the Platform is free for all users. We receive a nominal completion fee from the party who introduced you to us (typically, the estate agent) when the relevant transaction completes, and a % revenue share for connected services taken out through openmoove. You won’t individually pay to use the Platform.
2. The Platform operates as a single digital space and unified ecosystem where agents, conveyancers, brokers, and movers can collaborate in real time, where everyone sees the same updates, documents, and milestones. The Platform connects various parties involved with a transaction, including estate agents, conveyancers, solicitors and brokers, and the sellers and purchasers, allowing them to communicate and connect with each other as needed to progress the relevant transaction through to completion.
3. The Platform is designed to make property transactions smoother, faster, more collaborative and hopefully, more reliable.
Definitions
1. In this User Agreement:
Platform access
1. Anyone can register to use the Platform. Your ability to use the Platform will be limited until granted access to your Moove Room. You will only be granted access to your Moove Room when specifically invited by a party (typically, our customer) in connection with your Transaction.
2. Account Details will be issued to those Authorised Users in accordance with this section 3, but we may withhold access to any nominated Authorised User for any reason (whether specified or otherwise). The number of Authorised Users may be limited during any trial period.
3. Authorised Users must keep their details up to date, particularly where their details change.
4. Account Details are personal to you. You must keep the details confidential, secure and not share them with anyone else, and you must only create one Account per user.
5. If you consider that the Account Details have been compromised at any time, you must tell us immediately on the contact details set out above. We will then either disable or suspend the Account and reset the Account Details.
6. Platform access is conditional on compliance with this User Agreement in full. We may suspend or disable access (temporarily or permanently) where:
  1. our Customer, or any Authorised User breaches any of these terms (whether we notify you in advance or otherwise);
  2. we need to protect the integrity of the Platform; or
  3. we need to safeguard our reasonable interests, or those of our other Customers and their Authorised Users.
7. You may withdraw access to the Platform and your Account at any time. You can do this by emailing us directly at hello@openmoove.com and we will try to address your enquiry promptly. Once access is withdrawn, we will store your data in accordance with section 7 (should you wish to reinstate your access in future, such as for a future Transaction).
8. Platform access is granted on an “as is” basis, for convenience only. We have no obligation to you to ensure the continued, uninterrupted availability of the Platform.
9. You are responsible for ensuring that your systems are functional, able to access the Internet, and meet the requirements necessary to access the Platform.
Limited licence
1. We grant to you (as an Authorised User), a limited, revocable, non-exclusive, non-sublicensable and non-transferable, access licence to access and use the Platform (on this User Agreement) and its various functions and content solely for the Transaction and any other approved purposes (as determined by us). Any other use of the Platform is prohibited.
2. Integration-only Users receive the same licence as granted in section 4.1 above, but such use of the Platform is limited and reduced to board management and client communication functionalities only, and no Licence Fee or revenue share applies (as in our Platform licence).
3. Authorised Users must be legitimately connected with the Transaction to use the Platform. We may deny access and withhold Account Details under section 3.3, for users that do not need such access.
4. We (and our licensors) reserve all rights in the Platform. This User Agreement does not grant you any rights in, or licences to, the Platform (other than the limited licence granted in sections 4.1 or 4.2, as applicable).
User restrictions
1. In using the Platform, and gaining access to any of its services and functions, you will not:
  1. violate (or assist any other party to violate) any applicable law, statute, ordinance or regulation;
  2. intentionally try to defraud us or any other users;
  3. intentionally try to uncover and disclose confidential information, trade secrets;
  4. provide false, inaccurate or misleading information;
  5. take any action that interferes with, intercepts or expropriates any system, data or information;
  6. partake in any transaction that involves the proceeds of illegal activity;
  7. transmit or upload any virus or other malicious software or program;
  8. attempt to gain unauthorised access to other Accounts, the Platform (or its related or underlying networks or systems);
  9. use the Platform on behalf of any third party (or otherwise act as an intermediary between us and third parties) whether for a fee or otherwise;
  10. collect any user information from other Authorised Users that is not necessary for the purposes of the relevant transaction;
  11. defame, harass or violate the privacy or IP Rights of us or any other Authorised User (or the organisations they represent); or
  12. modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute or create any derivative works based on the Platform (in whole or in part).
IP Rights
1. The domain name, openmoove, and any related logos, trade or service marks, are IP Rights belonging to us absolutely (whether registered or not). Nothing in this User Agreement expressly grants you (or is intended to imply in your favour) any rights or titles to, or interests in, these IP Rights (or to use any of the same). You may not copy, imitate or use such marks or IP Rights without our prior written consent.
2. All rights and interests in, and titles to, the Platform, and all technology and any content created by us, or derived from the Platform, is our exclusive property. This extends to any improvements or modifications we make to the Platform at any time.
3. Any IP Rights in any logos, trademarks, or trade or business names, that are displayed on the Platform (such as on the dashboard) belong to our partners. Any rights for you to use their IP Rights will be granted by them, not us.
Data protection
1. Personal data will be processed through the Platform when you use it. All such data will be processed by us as data controller in accordance with our privacy policy, available on our website at https://www.openmoove.com/. Personal data may also be processed in the Moove Vault where you choose to use it; our secure records depository for your property for any subsequent Transactions you may enter into. Where you use the Moove Vault, we will store your data as a data controller.
2. All personal data that is provided by you to us as part of your access to the Platform shall be processed whilst your Account remains active. Data is then retained in accordance with our privacy policy.
3. All personal data relating to your Account is accessible by our staff who have administrator access. Listings and milestones flow in directly from your (or your estate agent’s) CRM database, and the Platform updates your records throughout the process. This data is hosted by AWS on servers currently located in the UK.
4. All of our personnel (including contractors, agents and representatives) who have access to, and/or process your personal data are limited to those who need to know for the purposes of managing and administering your Account.
5. Where you provide us with any personal data (such as contact details for yourself or anyone else connected with the Transaction), these must be accurate and up to date (amending them as and when required) and you must have the consent of (or have otherwise notified) the relevant individual whose contact details are provided to us.
6. If any personal data processed by the Platform is lost, destroyed or becomes damaged, corrupted or unusable, we will notify you as soon as possible, and not less than within 72 hours of discovery.
Confidentiality
1. When accessing the Platform, you will access and share information belonging to others that may be sensitive or confidential to the Transaction. You must always keep any information secure and not share it outside of the Platform, other than for your own internal purposes.
2. Where we (as the operator of the Platform) have access to your confidential information, we will ensure such information is kept appropriately secure. Administrator access to the Platform is only granted to those within or outside our organisation who have received appropriate training and have been engaged on written terms, and confidential information will only be used to exercise rights and perform obligations under this User Agreement.
3. Confidential information that we have access to, or oversight of, when performing Platform administration functions, will only be disclosed to:
  1. our staff (who need to know to perform such functions);
  2. our representatives or advisers (who may need to know such information to exercise our rights, or perform our obligations, under this User Agreement); and/or
  3. those persons to whom we are required to disclose such information by law, Court or other competent authority.
Liability
1. This User Agreement applies to you (as the Customer contracting with us directly) and to Authorised Users personally. As our Customer, you agree to be liable to us for any breach of this User Agreement by any Authorised User who is introduced to access the Platform on your behalf. We may also pursue you (Authorised Users) personally for breaches separately.
2. You are responsible for any loss, damage or claim that we or you may incur as a result of your failure to keep your Account Details secure.
3. We shall not be liable to you, or any Authorised User, for any:
  1. failure to use or access the Platform (in whole or in part), and any related Transaction interruption;
  2. wasted expenditure;
  3. loss of profits or savings (actual or anticipated); or
  4. indirect or consequential losses.
4. Further to section 9.3, we shall not be liable to you for any losses (whether direct, indirect or otherwise) that you may incur in connection with any Transactions you support through the Platform.
5. Our total aggregate liability to you personally (whether as an Authorised User, Account Holder or an organisation), whether in contract, tort (including negligence), breach of statutory duty or otherwise for any losses, charges, costs or expenses that you incur arising out of any claims (connected or unconnected) under this User Agreement or your use of the Platform shall be limited to the total amounts paid to us by our Customer in the 12 months prior to the date the liability arose.
6. We shall not be liable to you personally (as an individual Authorised User) in addition to any liability that we may have to your organisation under this User Agreement or in connection with your use of the Platform.
7. Nothing in this User Agreement:
  1. excludes or limits our liability to you in any way that would be unlawful or unreasonable to do so (including for fraud); or
  2. shall make us liable for any failure of the Platform, or delay in your access to the Platform, arising from any abnormal or unforeseeable circumstances that fall outside of our reasonable control (including failure of a third party server (such as AWS), systems or networks on which the Platform is hosted). Where any such event occurs, we shall use reasonable endeavours to notify you in advance, providing resolution updates at all practical intervals (where possible).
Third party content & Transactions
1. Where you connect with third parties, you will need to submit a connection request for your Moove Room to them through the Platform. This will be received by them for their approval. Once approved, Moove Rooms will be open to enable you to engage with all other parties in connection with the relevant Transaction.
2. We use meredithAI, operating as an intelligent moving assistant to explain each step, nudge progress, and ensure that everyone involved with the Transaction remains accountable. Messages and updates are shared across the whole team, updating your CRM / CMS in parallel.
3. We give no warranty or guarantee that such partners are suitable for your chosen purposes (i.e. the subject matter of the relevant transaction), their willingness to work with you and to perform any Transaction.
4. Where the Platform contains links to other websites or third party resources or information, this should not be seen as approval by us of the information you may obtain from them.
Termination
1. This User Agreement terminates automatically where you no longer need to use the Platform, such as where your Transaction aborts or does not complete for any reason. Data relating to each Account will be retained in accordance with our standard processes under clause 7.
2. Where your Account terminates, the provisions of this User Agreement that (by their very nature) are to continue following termination, will continue to apply to you with full force and effect.
Discrepancies and resolutions
1. If you have a problem with your Account or use of the Platform generally, we would prefer you to contact us in writing in the first instance, before considering external advice or support.
2. When contacting us, you should specify (in sufficient detail) the nature of the problem and how it came to your attention, so that we can identify the most efficient way to resolve it.
3. Whilst we will endeavour to investigate and resolve any error or inaccuracy promptly, we make no guarantees as to any turnaround time and time shall not be of the essence in this regard. Whilst any dispute remains unresolved, this User Agreement remains in force.
4. If you have a dispute with one or more third parties (such as your connected partners) relating to your use of the Platform and/or any Transactions through it, you release us (and each of our officers, directors, agents, employees and other representatives) from any and all claims, demands and damages (actual or consequential) of every kind and nature arising in any way connected to such disputes.
General
1. Notices: Any notice under or in connection with this User Agreement or relating to your use of, and access to, the Platform shall be given to you in writing (which may be by email). If you wish to contact us at any time, you should do so using the contact details specified on the Order Form.
2. Entire agreement: This User Agreement constitute the entire agreement between you and us relating to your individual use of the Platform. Our Platform licensing terms apply in addition to the party who introduces you to the Platform, but such licensing terms may not apply to you directly. Together, they supersede (and extinguish) all previous agreements and understandings between you and us (written or oral) relating to your use of the Platform (if any).
3. Assignment: This User Agreement, and any Account Details, are personal to each Authorised User individually, and the Customer collectively. The relevant order form is personal to the Customer. Neither may be assigned, transferred or otherwise charged by you in any way. We may assign, transfer, mortgage, charge or deal in any other manner with any (or all) of our rights and/or obligations under both documents and will notify you in advance of our intention to do so.
4. Third party rights: Nothing in this User Agreement confers any rights on any person who is not party to it.
5. Waiver: No failure by us to exercise any right or remedy provided under this User Agreement (or at law) will constitute a waiver of that right or remedy or prevent (or restrict) the further exercise of that (or any other) right or remedy.
6. Severance: If any section (or sub-section) of this User Agreement is (or becomes) invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be deemed deleted without affecting the validity or enforceability of the remainder.
7. Feedback: We always appreciate your feedback and other suggestions about our products and services. We may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential. We are also free to reproduce, use, create derivative works from or publicly display such feedback.
8. Governing Law: This User Agreement and your use of the Platform, and all matters arising from or connected with it or those documents, are governed by English law. Any contractual or non-contractual dispute between you, us or any Authorised User (as the case may be) will be subject to the exclusive jurisdiction of the English courts.

User Agreement

What openmoove is and does

Definitions

Platform access

Limited licence

User restrictions

IP Rights

Data protection

Confidentiality

Liability

Third party content & Transactions

Termination

Discrepancies and resolutions

General