Terms and conditions

1. Who we are and how to contact us

DrawWarm is provided by Myron David Lambert, trading as DrawWarm (“DrawWarm”, “we”, “us”), United Kingdom. Email: [email protected]. Our postal address appears on every receipt and is available on request by email. We will contact you at the email address on your account.

2. Who this part is for

• Individuals paying personally. This part applies to a Sandbox or Full plan bought by a person for their own use and paid from their own pocket. At checkout you choose who is paying: “Me, personally” brings you here, and we treat the plan as a consumer contract whether you are an apprentice, an employed engineer, self-employed, or simply interested, so that the consumer protections in clauses 7, 11 and 12 apply.
• Buying through a business. If you choose “My business” at checkout, the plan is bought by your business (a sole trader, partnership or company), the invoice is issued to it, and Part B applies instead: a business contract without the consumer protections. The plan itself works the same way.
• Organisations. Seats, pilots, quotes and embedded licences bought by or for a college, training provider, employer or any other body, and any plan bought to teach, train or assess other people, are under Part B. A personal plan may not be used to teach a class; that needs seats.
• Definitions. The Simulator is the DrawWarm heating-controls wiring and fault-finding software, served to your browser from our servers, with its lessons, challenges, call-outs, artwork, data and documentation. The Sandbox plan is the simulator’s sandbox only (components, systems, the multimeter, saved circuits). The Full plan is everything, including all courses, challenges and call-outs.

3. Accounts

• To buy a plan you must be at least 18.
• An account is personal to one person. Do not share your sign-in details or let anyone else use your account. Keep your password safe and tell us at once if you think someone else has it.
• An account created by joining an organisation belongs to that organisation and is separate from a personal account: progress does not move between the two, and an organisation account cannot buy a plan of its own.
• We may suspend an account that is being shared, that breaks these terms, or that we reasonably believe is being used fraudulently. Where a breach can be put right we will tell you first.

4. What DrawWarm is, and what it is not

DrawWarm’s Simulator is a training tool. It is a simulation built to behave like real heating controls, and every lesson and fault is replayed by our test harness before release, but it is a simulation, not a real installation, and it is not advice about any real system. It is not a qualification, an assessment for any awarding body, a manufacturer’s instruction, or a substitute for BS 7671, the Gas Safety (Installation and Use) Regulations 1998, Gas Safe registration, competent supervision or safe isolation. You are responsible for any work you do on a real installation and for holding the qualifications the law requires for it.

Scores, stars, records of achievement and any certificate we issue record practice completed in the simulator. They are not a qualification or an accreditation, they do not make you a DrawWarm-endorsed engineer, and they give no right to use the DrawWarm name or logo. Completing DrawWarm does not guarantee any exam result, job or income.

4A. Swapper, the controls swap guide

Swapper’s free tier is one new swap a month for each account, counted for the account and for the device it is used on; the Sandbox and the Full version include the whole guide. It shows how the terminals on an existing programmer, thermostat or zone valve usually correspond to those on the unit it is being swapped for. These points apply to it in addition to the rest of this part and to clause 4C, and you accept them when Swapper first opens and again whenever they change:

• It is a guide, not an instruction. Swapper shows how the terminals on one unit usually correspond to the terminals on another. It is compiled from makers’ documents and cross-reference tables, and some of it comes from older records; each map shows the latest information available to us at the data version printed on it. A map applies only to the exact old and new models it names. It is not a manufacturer’s instruction, a wiring standard, or advice about your installation.
• You check the units yourself. Before you rely on a map you must check the actual unit in front of you: its model and version, the markings on its backplate or its cores, the maker’s instructions supplied with it, and how the circuit it sits in is wired. Where Swapper and any of those differ, they are right and Swapper is wrong.
• Safety and the law are your responsibility. You are responsible for safe isolation and proving dead, for working to BS 7671 and the Building Regulations (some work is notifiable to Building Control), the Gas Safety (Installation and Use) Regulations where they apply, the maker’s instructions and your own competence, and for holding the qualifications the law requires. Do not work on a system you are not competent to work on.
• Our liability. Swapper is provided as it is. If you pay for it, the rights the law gives you as a consumer stand, and the DrawWarm terms say what they are. To the extent the law allows, we accept no liability for loss or damage arising from its use, including damage to equipment or property and the cost of putting work right. Nothing in these terms limits liability for death or personal injury caused by our negligence, or for anything else the law does not let us exclude.
• Fair use and copying. Swapper is for your own use. You must not copy, scrape, record or extract its data, share your account, or use it to build a competing guide. Lookups are counted and logged against your account, every map carries your account email as a watermark, and accounts that copy are paused. The free tier is one new swap in any 30 days, counted for your account, for the device you use and for its network; the Sandbox and the Full version include the whole guide. Making extra accounts to get extra free swaps is a breach of these terms, and those accounts are paused.
• Coverage and changes. Not every unit is listed, and we may add, change or withdraw maps at any time. A unit is shown only once its terminals have been matched to a source document, usually the maker’s own wiring sheet; units still being matched are held back. Each unit’s sheet says whether a competent person has also checked it, and when. Tell us about any map that does not match your unit: that is how the guide improves.

4B. Fault Vault, the fault trees

Fault Vault walks through the checks that usually point to the part at fault on S-Plan and Y-Plan heating controls, one check at a time. One tree is a demo that any account can walk through; the rest are part of the Sandbox and the Full version. These points apply to it in addition to the rest of this part and to clause 4C, and you accept them when it first opens and again whenever they change:

• It is a guide, not an instruction. Fault Vault suggests checks and readings that usually point to the part at fault. It is compiled from experience and makers’ documents and cannot know your installation. It is not a manufacturer’s instruction, a wiring standard, or advice about a particular system.
• You check the system yourself. Before you act on a result you must check the system in front of you: how it is wired, the maker’s instructions for the boiler and the controls, and the readings you actually took. Where Fault Vault and any of those differ, they are right and Fault Vault is wrong.
• Safety and the law are your responsibility. You are responsible for safe isolation and proving dead, for making live tests only if you are competent to make them, for working to BS 7671 and the Building Regulations (some work is notifiable to Building Control), the Gas Safety (Installation and Use) Regulations where they apply, the maker’s instructions and your own competence, and for holding the qualifications the law requires. Do not work on a system you are not competent to work on.
• The appliance is not covered. Fault Vault covers the controls and the wiring between them. Where a result says the fault is with the boiler, work on the appliance is for a Gas Safe registered engineer.
• Our liability. Fault Vault is provided as it is. To the extent the law allows, we accept no liability for loss or damage arising from its use, including damage to equipment or property, parts replaced that were not at fault, and the cost of putting work right. Nothing in these terms limits liability for death or personal injury caused by our negligence, or for anything else the law does not let us exclude.
• Fair use and copying. Fault Vault is for your own use. You must not copy, scrape, record or extract its trees, share your account, or use it to build a competing guide. Steps are counted and logged against your account, every result carries your account email, and accounts that copy are paused.
• Coverage and changes. Not every fault is covered, and we may add, change or withdraw trees at any time. Tell us about any step that does not match what you find: that is how the guide improves.

4C. Real installations

Swapper (clause 4A), Fault Vault (clause 4B) and the wiring and fault pages on this website are reference material for competent persons, and for learners under the supervision of one. Whether to use them in your own work is your judgement as a competent person. If you do use them in connection with a real system, these points apply. They cannot see the system in front of you. They are not a substitute for the manufacturer’s instructions for the actual model, for BS 7671 or for the Gas Safety (Installation and Use) Regulations 1998, and where they differ from those sources, those sources are right. Before you touch any terminal you isolate, lock off and prove dead. You make live tests only if you are trained and equipped to make them. Gas work is for Gas Safe registered engineers. You test your work when you have finished. Work on a real installation must comply with BS 7671 and the Building Regulations, and some of it is notifiable to Building Control. Treat every map and every step as information to check against those sources, not as advice to follow without checking. If you are not competent to do a task the content describes, do not attempt it. If you give us a Gas Safe registration number, you confirm that it is yours and current, and you will tell us if it lapses.

The licence we give you does not cover using the Simulator’s output to design, certify or sign off a real installation, or using Swapper, Fault Vault or the wiring and fault pages as the only source for work on a real system without the manufacturer’s instructions for the actual model.

We take reasonable care over this content. Where an entry has been checked by a competent person against a named source, it says so and shows who checked it, when, and against what; until an entry says that, treat it as unchecked. We correct errors when we are told about them and publish the corrections on the changelog. It may still contain errors. Tell us if you find one.

5. Technical requirements and protection measures

The simulator runs in a current version of Chrome, Edge, Firefox or Safari on a laptop, desktop or Chromebook with a mouse or trackpad and a broadband connection. It is not designed for phones. Nothing is installed and there is no offline use. The following technical measures protect the software and your account: one live session per account; a limit on the number of different devices used in a month; sessions that end automatically when idle or when the same account is opened elsewhere; the simulator is supplied in an encrypted form that runs only from our website during a live session; and a watermark of the account identity on the simulator screen. These are described here because the law requires us to tell you about them before you buy. You are responsible for your own device, browser and internet connection; we are not responsible for problems caused by them. You can check a machine in a minute at /system-check.

6. Plans, prices and payment

• The Sandbox plan costs £29 a month or £348 a year, and is never discounted.
• The Full plan costs £199 a month or £1,990 a year. Launch offer: £99 a month, half the full price of £199. Launch pricing ends 31 March 2027. Founding members keep £99 a month for as long as their subscription runs without a break. Cancel, and the launch price ends with it: rejoin later and you pay the price published at that time.
• A launch price is tied to a subscription that runs without a break. If the subscription is cancelled, by you or by us under these terms, the launch price ends with it, and any later subscription is charged at the price published at that time. A suspension for a failed payment that is then paid is not a cancellation, and moving between monthly and yearly billing of the same plan without a gap keeps the launch price.
• The price shown is the price you pay. No VAT is added at checkout.
• Payments are taken by Stripe by card at the start of each period, and the plan renews automatically until you cancel. Card details are held by Stripe, not by us.
• If a payment fails we retry and email you. If it is still unpaid after the retries, access is suspended until it is paid; the subscription is not cancelled unless you cancel it.
• Other than the published end of the launch offer, we give at least 30 days’ notice by email before a price you pay changes, and you can cancel before the change applies.

7. Starting immediately, cancelling and refunds

DrawWarm is digital content supplied online. When you buy, you ask us to give you access immediately and you acknowledge that once access begins you lose the 14-day right to cancel that the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 would otherwise give you. The box you tick at checkout says:

“I ask DrawWarm to give me access immediately. I acknowledge that DrawWarm is digital content supplied online and that, once access begins, I lose my 14-day right to cancel and no refund is due for changing my mind. I accept the terms at drawwarm.com/terms and the refund policy at drawwarm.com/refunds.”

We do not supply access without that acknowledgement, and we confirm it to you, together with these terms and the refund policy, in the order confirmation email we send as soon as payment succeeds. Keep that email: it is your copy of the contract. In consequence:

• you may cancel any plan at any time, in one step, from your account page (Manage billing, Cancel) or by emailing us; nothing more is charged and access continues to the end of the period already paid for;
• there is no refund for changing your mind, for not using the simulator, or for having completed what you wanted to complete;
• your statutory rights for faulty digital content (clause 11) and the other cases in our refund policy are unaffected.

Reminders and yearly renewals. Before a yearly plan renews we email you 30 days and 7 days in advance, and on a monthly plan we remind you at least every six months that the plan is running and how to cancel. If a yearly plan renews and you did not mean it to, tell us within 14 days of the renewal payment: we refund that payment in full and end the plan. The refund policy forms part of these terms.

8. Acceptable use

You must not, and must not help anyone else to:

• share an account, resell access, or use a personal plan to teach, train or assess other people, in a classroom or online (that needs organisation seats under Part B);
• use the simulator, its content or anything it produces to train, fine-tune or evaluate a machine-learning or artificial-intelligence model;
• attempt to gain access you have not paid for, interfere with the service, probe or overload it, or use bots, scrapers or automated tools against it;
• copy, record, screen-capture for redistribution, live-stream, mirror or otherwise reproduce the simulator or its content, beyond a screenshot or a short clip for your own study, or fair dealing for criticism, review or quotation with the DrawWarm name visible;
• decompile, disassemble, reverse engineer, extract data from, or attempt to obtain the source, models, lesson files, fault catalogue or scoring rules of the simulator;
• circumvent, remove or interfere with the gate, encryption, session, device, watermark or other technological protection measures (sections 296ZA to 296ZE of the Copyright, Designs and Patents Act 1988);
• use the simulator, its structure, its lessons, its fault catalogue or anything it produces to design, build, train, improve or market a product or service that simulates, teaches or tests heating-system wiring or fault-finding, or help anyone else to;
• use the DrawWarm name, the flame logo or any confusingly similar mark, or suggest that you or your work are endorsed, accredited or certified by DrawWarm;
• upload or post anything unlawful, or harass anyone through the service.

Access is for learning. If we reasonably believe an account is being used by or for a business that makes or sells a competing product, to study, copy or build a rival, we may end it; if the account has not broken these terms in any other way we refund the unused part of the period paid for.

9. Intellectual property and licence

The simulator, its lessons, fault catalogue, artwork, sounds, code, data, documentation and this website are the property of Myron David Lambert and are protected by copyright, database right and trade mark law. Nothing is open source. You are granted only a personal, non-exclusive, non-transferable, revocable right to use the simulator through your browser, for your own learning, for as long as your plan is active and you comply with these terms. All other rights are reserved. Breach of clause 8 or this clause ends your right to use the simulator at once; you must then delete any copies, recordings or extracts you have made, and we may seek damages, an account of profits and an injunction in the courts of England and Wales, including the Intellectual Property Enterprise Court. The licence notice published with the software applies alongside these terms.

10. Your circuits and your progress

Circuits you build and progress you make are yours. You give us a licence to store and process them to run the service, show them to you, and produce anonymised statistics. We do not publish anything that identifies you without asking. Any suggestion you send us may be used to improve the simulator without payment.

11. Faulty content, availability and changes

• The Consumer Rights Act 2015 requires digital content to be of satisfactory quality, fit for purpose and as described. If it is not, tell us: we will repair or replace it, and if we cannot within a reasonable time you may be entitled to a price reduction or a refund. Nothing in these terms limits those rights.
• We aim to keep DrawWarm available around the clock and publish planned maintenance in advance where we can, but we do not promise uninterrupted access. The simulator depends on your connection and device meeting clause 5.
• We add content every month and may change, improve or retire features. If a change removes something material that you paid for, you may cancel and we refund the unused part of the current period.
• We may update these terms. Material changes are notified by email at least 30 days before they take effect; if you do not accept them you may cancel before then.

12. Our liability

• Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your rights under the Consumer Rights Act 2015, or for anything else that the law does not allow us to limit or exclude.
• Subject to that first point: work on a real installation is the responsibility of the person doing it and of anyone supervising them (clauses 4 and 4C). We are not liable for loss, damage or cost arising from such work, including damage to equipment or property and the cost of putting work right, except where it is caused by our negligence and the law does not allow us to exclude it.
• If we fail to comply with these terms we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failure to use reasonable care and skill, but not for loss that is not foreseeable. We supply the simulator for personal use only and are not liable for business losses.
• Where we are liable to you other than under the first point, our total liability for all claims in any 12 months is limited to the greater of the amount you paid us in the 12 months before the claim and £100.

13. Ending these terms

You end them by cancelling and closing your account. We may end them, or suspend access, if you break them (with notice where the breach can be put right), if a payment remains unpaid after the retries, or if we stop providing DrawWarm altogether, in which case we refund the unused part of any period paid for. Clauses 4, 4A, 4B, 4C, 8, 9, 12 and 15 continue after these terms end.

14. Privacy and communications

How we handle personal data is set out in the privacy notice and the cookie policy, which form part of these terms. We send service emails (receipts, renewal reminders, security notices) to everyone with an account; marketing emails only to people who have opted in, and every one has an unsubscribe link.

15. Complaints, disputes and governing law

• If something is wrong, email [email protected] with the email address on your account, what happened, when, and anything that shows it (a screenshot, a payment reference). We acknowledge complaints within two working days and aim to resolve them within ten; if we need longer we tell you why and when. We are not obliged to, and do not, use an alternative dispute resolution provider; you may bring a claim in court.
• These terms are governed by the law of England and Wales and the courts of England and Wales have jurisdiction. If you live in Scotland or Northern Ireland you may also bring proceedings in your own courts, and nothing here takes away protections you have under the law of the country you live in.
• If any part of these terms is found unenforceable, the rest continues in force. A delay in enforcing a right is not a waiver of it. These terms are between you and us; no one else has rights under them (Contracts (Rights of Third Parties) Act 1999). You may not transfer your account or plan to anyone else without our consent; we may transfer our rights to a successor business on notice, without affecting your rights.
• This part, the refund policy, the privacy notice and the cookie policy are the whole agreement between us for a personal plan paid personally. Businesses and organisations: Part B.

1. Who this part is for

• A business is any sole trader, partnership, company, college, school, training provider, employer or other body that buys DrawWarm in the course of a business, whether one plan for one person (clause 3A) or seats for other people (clause 3 onward). A person who buys a plan to teach, train or assess other people is an organisation and needs seats.
• You confirm, by choosing “My business” at checkout, by ordering seats, by applying for a pilot, by accepting a quote or by letting anyone use DrawWarm under your organisation, that you act in the course of a business, that you have authority to bind it, and that it is not a consumer. The Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and other consumer protection legislation do not apply to any contract under this part. There is no cooling-off period.
• Individuals paying personally for their own plan are under Part A, which gives the consumer protections this part excludes. If a person who bought under this part turns out in law to be a consumer, Part A applies to them instead, and nothing in this part takes away a right the law gives a consumer.
• Order of precedence. Where documents conflict: a signed agreement (for example the Embedded Licence Agreement) prevails over an accepted quote or order form; that prevails over this part; this part prevails over anything else on the website. For personal data the data-processing agreement prevails. Your own purchasing terms, including any printed on a purchase order, do not apply, even if we accept the purchase order.

2. Definitions

• DrawWarm, we, us: Myron David Lambert, trading as DrawWarm, United Kingdom. Email [email protected]. Postal address on every invoice and on request.
• Simulator: the DrawWarm heating-controls wiring and fault-finding software, served to browsers from our servers, with its lessons, challenges, call-outs, fault catalogue, scoring, reports, artwork, sounds, data, documentation and the organisation console.
• Seat: access for one named person. Every person with access to your organisation’s DrawWarm, whatever their role, uses a seat.
• User: a person who uses a seat: a Manager (at most two), an Admin, a Tutor or a Learner.
• Term: the period of a licence under clause 6.
• Order: an online checkout with the business confirmation ticked, a written quote or order form you accept, or a pilot application we accept.
• Marks: the DrawWarm name, the flame logo and any other name, logo or mark we use.
• Confidential Information: what clause 10 describes.
• Competitor: anyone who makes, sells, distributes or is developing a product or service that simulates, teaches or tests heating-system wiring or fault-finding, and anyone acting for them.
• Embedded licence (white label): a licence under which you show the Simulator on your own website under your own name and logo through a snippet of code we supply, under clause 17 and the Embedded Licence Agreement.

3. Ordering, and who we sell to

• A contract is formed when we confirm your Order by email, or when we give access, whichever is first. Prices are those on the pricing page or in your quote on the day of the Order.
• At online checkout for seats the Manager ticks this confirmation, which is recorded with the Order and repeated in the confirmation email: “I confirm that I am ordering for an organisation in the course of its business, that I have authority to bind it, and that this is a business contract to which consumer law does not apply. I accept the business terms at drawwarm.com/terms#business: a 12-month licence paid in advance, renewing for the same again unless notice is given before the renewal date, with no refund for the term once it has started.”
• We may refuse any Order or pilot application without giving a reason. In particular we do not sell to, and may end any licence, plan or pilot held by or for, a Competitor, anyone we reasonably believe is acting for one, or anyone who has previously broken these terms.
• A purchase order number given with an Order is printed on the invoice. Nothing else in a purchase order forms part of the contract.
• The person who places an Order for seats becomes the organisation’s first Manager. Managers control billing and appoint Admins and Tutors; Admins manage people and groups; Tutors manage their own groups; Learners use the Simulator.

3A. A business buying one plan

• A sole trader, partnership or company may buy a Sandbox or Full plan for one named person (its owner, a partner or an employee) at the individual prices in Part A clause 6, monthly or yearly by card. It chooses “My business” at checkout, names the business, and the invoice is issued to that business. The person ticks: “I confirm that I am buying this plan for my business, as a sole trader, a partnership or a company, in the course of that business, and that this is a business contract to which consumer law does not apply. The invoice is issued to the business named at checkout. I ask DrawWarm to give me access immediately, and I accept that there is no cooling-off period and no refund for changing my mind. I accept the business terms at drawwarm.com/terms#business.”
• The plan is a business contract under this part. Access starts when payment succeeds; there is no cooling-off period and no refund for changing your mind. The business may cancel at any time from the account page, in which case nothing more is charged and access runs to the end of the period paid for. We send the same renewal reminders as in Part A as a courtesy; the refund of an unintended yearly renewal in Part A does not apply.
• The plan is for the one named person. It may not be shared, passed between staff, or used to teach, train or assess anyone else; a business that wants more than one person, or wants to teach learners, needs seats under clause 3 and the ladder on the pricing page.
• Clauses 1, 2, 4, 5, 10, 11, 12, 14, 15, 16 and 18 apply to the plan. Clauses 6, 7, 8, 9, 13 and 17 apply only to organisation licences, pilots and embedded licences. Where clause 4 says “your Users”, read the named person.

4. The licence

• Subject to payment and to these terms, we grant your organisation a non-exclusive, non-transferable, non-sublicensable, revocable licence, for the Term, to let your Users use the Simulator through a web browser, on the plan and the number of seats in the Order, for your organisation’s own internal training of its own learners or staff.
• That is the whole licence. Everything not expressly granted is reserved. No licence is implied by anything we do, say, sell or supply. Nothing is delivered to you: no copy of the software, no source, no lesson files, no fault catalogue, no artwork. The Simulator runs only on our servers.
• Accounts created under your organisation are organisation accounts. They belong to the organisation for as long as the person is a member, cannot buy anything, and their progress does not move to a personal account.
• Users must be aged 16 or over. Users under 18 use DrawWarm under your supervision.

4A. Swapper, the controls swap guide

Swapper is available to Users: the free tier (one new swap a month) with every account, and the whole guide with Sandbox and Full seats. The Swapper points in Part A, clause 4A apply to every User of Swapper, and your organisation is responsible for its Users’ compliance with them. In particular: Swapper is a guide, not an instruction; each User must check the unit and the wiring in front of them and stays responsible for safe isolation, BS 7671 and the maker’s instructions; its data must not be copied, scraped or extracted; and our liability for its use is limited as set out there and in clause 15.

4B. Fault Vault, the fault trees, and real installations

Fault Vault comes with Sandbox and Full seats; one demo tree is open to every account. The Fault Vault points in Part A, clause 4B apply to every User of it, and the real-installations points in Part A, clause 4C apply to every User of Swapper, Fault Vault and the wiring and fault pages on this website. They are reference material for competent persons, and for learners under the supervision of one. Your organisation is responsible for its Users’ compliance with them and for the supervision of learners who use them. Whether a User uses them in their own work is that User’s judgement as a competent person; our liability is limited as set out there and in clause 15.

5. What you must not do

You must not, and must make sure that your Users, staff, contractors and anyone else acting for you do not:

• let a seat be used by more than one person, let anyone who is not a User use the Simulator, share sign-in details or join codes outside the organisation, or use a personal plan for the organisation’s teaching;
• resell, rent, lend, sublicense, time-share or otherwise make the Simulator available to any other organisation or to the public, or use it to provide a service to a third party, other than under an Embedded licence;
• copy, download, record, screen-capture for redistribution, live-stream, mirror, frame, scrape, or otherwise reproduce the Simulator or any of its content. Ordinary screenshots and short recordings may appear in your own teaching materials, for your own Users only, unaltered and with the DrawWarm name visible, and nowhere public;
• decompile, disassemble, reverse engineer, or attempt to obtain or reconstruct the source code, models, lesson files, fault catalogue, scoring rules, report format or the structure of the Simulator, by any means;
• circumvent, remove or interfere with any technological protection measure: the gate and the encryption of the simulator, the session and seat limits, the device limit, the watermark or the origin lock (sections 296ZA to 296ZE of the Copyright, Designs and Patents Act 1988);
• use the Simulator, its content, its structure, sequence or organisation, its lesson design, its fault catalogue, its reports or anything it produces to design, specify, build, train, improve, test, benchmark or market any product or service that simulates, teaches or tests heating-system wiring or fault-finding, whether for you or for anyone else, or commission anyone to do so;
• use the Simulator or anything it produces to train, fine-tune, evaluate or feed a machine-learning or artificial-intelligence system, or subject it to automated analysis;
• publish or share outside your organisation any benchmark, comparison or evaluation of the Simulator without our written consent;
• give access to a Competitor or to anyone acting for one, or use DrawWarm to help a Competitor in any way;
• remove, hide or alter any notice, attribution or watermark;
• use the Marks except as clause 12 allows;
• probe, scan, load-test, attack or interfere with the service, or use bots, scrapers or automated tools against it, or carry out security testing without our written consent;
• upload or post anything unlawful, or harass anyone through the service.

You acknowledge that a breach of the third to the ninth of these points is a material breach that cannot be put right, that it would cause us harm that damages alone could not fully compensate, and that we may seek an injunction to stop it in any court without having to prove special damage or give a cross-undertaking.

6. Term and renewal

• Organisations licence by the year. A seat licence runs for 12 months from the start date in the Order (the checkout date, or the date the quote states), or for the longer period the Order states. There is no monthly licence for organisations.
• Renewal. At the end of the Term the licence renews for a further 12 months, on the same plan and seats, at the price then in force, unless you stop it renewing from the organisation console (Billing, “Card, invoices and cancellation”) or by email before the renewal date, or we tell you at least 90 days before the renewal date that it will not renew. Access continues to the end of the Term either way.
• Price at renewal. The price is fixed for the Term. If the price at renewal will differ, we tell you at least 90 days before the renewal date; if you do not want the new price, do not renew. A launch price is kept at renewal for as long as the licence runs without a break; if the licence ends or lapses, any later licence is at the price published at that time.
• No ending early. The organisation cannot end a licence during the Term for convenience. The fee for the whole Term stays payable whether or not the seats are used, and stopping use is not ending the contract. If you need certainty of exit, choose a 12-month Term.
• Longer terms. Two- and three-year Terms are available by quote with the price fixed for the whole Term, invoiced yearly in advance. A multi-year Term cannot be shortened once it has started.
• Academic year. On request, the first Term of a college licence runs to 31 July at a pro-rata fee, so that every renewal falls in the summer.

7. Fees and payment

• Fees are paid yearly in advance, for the whole Term, in pounds sterling. The price shown is the price you pay. No VAT is added at checkout.
• By card: taken at checkout and on each renewal date. Access starts when payment succeeds. Card details are held by Stripe, not by us.
• By invoice: available to organisations on request, with a purchase order number if you have one. Invoices are due 30 days from the invoice date. For a college, school or other public body that gives us a purchase order, access starts when we accept the Order; for everyone else, when the invoice is paid.
• Late payment. Interest on overdue sums at 8 per cent a year above the Bank of England base rate, plus the fixed sum, under the Late Payment of Commercial Debts (Interest) Act 1998, from the due date until payment. If an invoice is more than 45 days overdue we may, after written warning, suspend the whole organisation’s access until it is paid. Suspension does not stop the fee falling due, and does not extend the Term.
• Adding seats. Seats can be added at any time from the console; the added seats run to the end of the current Term and are charged pro rata for the time left. Seats are reduced only at renewal, and never below the number in use or on hold.
• Unlicensed use. If more people use the Simulator than the seats licensed, or a seat is shared, we may invoice for each extra person the full published yearly per-seat price for the whole current Term, at the full price rather than any launch price, and treat the use as a breach of clause 5. The seat log on our servers is the record.
• Disputes. Tell us within 14 days of the invoice date if you dispute an invoice, and pay the undisputed part on time. You may not set off any sum against our invoices.
• No refunds. Fees are not refundable once the Term has started, except as clauses 14 and 16 provide. The free pilot is where an organisation evaluates DrawWarm.

8. Pilots

• The free college pilot is two seats for one group for seven days, applied for from an official college or business email address, at our discretion. The pilot terms in the procurement pack apply alongside these terms. It ends automatically; it does not turn into a licence, and it commits neither side to anything. We may end a pilot at any time.
• The employer pilot is paid: 8 weeks for 10 to 50 seats at one sixth of the yearly seat price for each seat (£165 a seat at the launch price, for the 10-seat pack), paid in advance. If the organisation takes a 12-month licence within 30 days of the pilot ending, the whole pilot fee is credited against the first year. The pilot fee is not otherwise refundable.
• Clauses 5, 10, 11 and 12 apply in full during a pilot. A pilot is not available to a Competitor. The pilot report, its format and everything we show you during a pilot are our Confidential Information.

9. Users and seats

• Every person with access uses a seat, staff included. When a person is removed their seat is held for 30 days before it can be reused, except under the mistake allowance on the pricing page. Seat numbers change only when a Manager buys or removes packs.
• You are responsible for your Users: for telling them that these terms and the acceptable-use rules apply, for their conduct, for keeping join codes and sign-in details within the organisation, for removing people who leave, and for the supervision of Users under 18.
• We may check seat use against our logs at any time, and once a year may ask you to confirm in writing the number of people using the Simulator. If use exceeds the licence, clause 7 applies.

10. Confidentiality

• Our Confidential Information includes: quotes and prices other than those published; pilot reports and their format; the roadmap; the internals, architecture and security measures of the Simulator; the fault catalogue, lesson files and scoring rules; any embed snippet or key; unpublished content; and our correspondence with you. Your Confidential Information includes your learner and staff data and your internal information marked or reasonably understood to be confidential.
• Each of us will use the other’s Confidential Information only for the contract, disclose it only to the people who need it for that purpose and are bound to keep it confidential, keep it secure, and return or destroy it when the contract ends. These duties last for five years after the contract ends, and for as long as the information remains a trade secret in the case of our fault catalogue, lesson files, scoring rules and architecture (the Trade Secrets (Enforcement, etc.) Regulations 2018).
• They do not apply to information that is public through no fault of the receiving party, that the receiving party already lawfully held, or that it developed independently without using the other’s information; nor where the law or a court requires disclosure, provided the receiving party tells the other first where it lawfully can.
• Freedom of information. If you are a public authority under the Freedom of Information Act 2000 or the Freedom of Information (Scotland) Act 2002, you will tell us of any request that covers our Confidential Information before responding, consider our representations, and apply the exemptions for information provided in confidence and for commercial interests where they are available.

11. Intellectual property

• The Simulator, its lessons, fault catalogue, artwork, sounds, code, data, documentation, reports, the website and the Marks, and every improvement, modification or derivative of any of them, whether made by us or suggested by you, are the property of Myron David Lambert, protected by copyright, database right, trade mark law and the law of confidence. Nothing is open source and nothing is transferred to you.
• You acknowledge that the selection, arrangement, structure, sequence and organisation of the Simulator, its lessons, its fault catalogue and its reports are our original work and, to the extent they are not public, our Confidential Information; and that the idea of teaching heating wiring by simulation is not what you are licensing: the Simulator is.
• Any suggestion, idea or feedback you give us may be used by us without restriction or payment. You assign to us any right you might otherwise acquire in an improvement to the Simulator.
• You will tell us at once of any actual or suspected infringement of our rights that you become aware of, including any copying by a User, and give us reasonable help in dealing with it.
• A breach of clause 5 or this clause ends your licence at once. We may seek damages, an account of profits, delivery up and an injunction in the courts of England and Wales, including the Intellectual Property Enterprise Court. A delay in enforcing a right is not a waiver of it, and nothing in our conduct gives you any right in the Simulator or the Marks by estoppel, acquiescence or otherwise.

12. The DrawWarm name and brand

• No right in the Marks is granted except this: during the Term you may state, truthfully, that your course uses the DrawWarm simulator, and link to our website.
• You must not: use any Mark in a course title, qualification title, domain name, social media name, advertisement or paid search keyword; state or imply that you own, built, control or are endorsed, accredited, approved or certified by DrawWarm; register or use any name, logo, domain or mark that is identical or confusingly similar to a Mark; or alter, crop, recolour, resize below legibility or obscure any Mark. Screenshots keep the DrawWarm name visible.
• We may name your organisation as a customer, with its name and logo, in our own marketing and in this website’s customer list, unless you tell us in writing that you object. You grant us the licence to do so and warrant that you can.
• Any breach of this clause is a material breach that cannot be put right.

13. Data protection

• For personal data about your Users, your organisation is the controller and DrawWarm the processor, under the data-processing agreement in the procurement pack, which forms part of the contract and is signed once per organisation. It prevails over the privacy notice for that data.
• We are a separate controller, under the privacy notice, for the contact details of your Managers, for invoicing and tax records, for anonymised statistics and for our own security logs.
• Named-learner data is stored in the United Kingdom. Our security measures, sub-processors and breach-notification duties are in the data-processing agreement.

14. Availability, support and changes

• We aim to keep DrawWarm available around the clock and give notice of planned maintenance where we can. We do not promise uninterrupted access and there is no service-level agreement unless a signed agreement provides one. The Simulator depends on your Users’ devices, browsers and connections, which we do not control; the minimum is published at /system-check.
• Support is by email at [email protected] for your Managers, Admins and Tutors, with a reply within one working day. We do not support your learners directly unless a signed agreement says so.
• We add content every month and may change, improve or retire features, provided the Simulator continues to do substantially what the pricing page describes. If a change removes something material that you paid for, you may end the licence and we refund the unused part of the Term pro rata. That is the only change-of-service refund.

15. Warranties, liability and indemnity

• Each of us warrants that it has the authority to enter the contract. We warrant that we will provide the service with reasonable skill and care and that the Simulator will perform substantially as described on the pricing page. All other warranties, conditions and terms implied by law are excluded to the fullest extent the law allows.
• Nothing in these terms limits or excludes either party’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for anything else that the law does not allow to be limited or excluded.
• Subject to that: the Simulator is a training tool, and Swapper, Fault Vault and the wiring and fault pages on this website are reference material for competent persons (Part A, clauses 4 and 4C). None of them is a qualification, an assessment for any awarding body, a manufacturer’s instruction or a substitute for BS 7671, the Gas Safety (Installation and Use) Regulations 1998, Gas Safe registration, competent supervision or safe isolation. We give no warranty about any learner’s competence, exam result or work on real installations, and, subject to the point above, we are not liable for work carried out on real installations by your Users or by anyone else.
• Subject to the same point, neither of us is liable to the other for loss of profit, revenue, business, contracts, anticipated savings, data, goodwill or reputation, or for any indirect or consequential loss; and our total liability to your organisation under or in connection with the contract, in any 12-month period, is limited to the fees your organisation paid us in the 12 months before the event giving rise to the claim, or £1,000 if that is more.
• The limits above do not apply to your liability for a breach of clause 5, 10, 11 or 12, or under the indemnity below.
• You indemnify us against every claim, loss, cost and expense arising from: your Users’, learners’ or staff’s use of the Simulator, Swapper or Fault Vault; your course, teaching, assessment, marketing, fees or dealings with your learners; a breach of clause 5, 10, 11 or 12; anything you or your Users upload; and, under an Embedded licence, your website, pages and systems; except to the extent a claim is caused by our negligence or our breach of the contract.

16. Suspension and ending

• At once, by us, by written notice, where your organisation: breaches clause 5, 11 or 12; causes or suffers a security incident affecting the Simulator or its Users; fails to pay within 45 days of the due date after written warning; becomes insolvent, enters administration or liquidation, or stops trading; is or becomes a Competitor, or gives access to one; or repeats a breach we have already warned about. We may suspend access instead of, or before, ending.
• Other breaches: either of us may end the contract if the other breaks it and, where the breach can be put right, does not put it right within 14 days of written notice.
• By us, for convenience: on 90 days’ written notice, in which case we refund the unused part of the prepaid fee pro rata by day. This is the only case in which we refund for ending.
• By you: only by not renewing under clause 6, by cancelling a single plan under clause 3A, or under the “other breaches” point above.
• What happens when it ends. The licence ends and access stops on the end date. You stop every use of the Marks, and, on request, confirm in writing that all screenshots, recordings and extracts have been deleted. Fees already due remain due. Your Users’ organisation accounts are archived with their progress for 12 months and then deleted, or exported as a file and deleted earlier if you ask in writing; the data-processing agreement governs this. Clauses 1, 5, 7 (as to sums due), 10, 11, 12, 15, 16 and 18 continue after the contract ends.

17. Embedded (white-label) licences

• An Embedded licence lets your organisation show the Simulator on its own website, under its own name and logo, through a snippet of code we supply. It is granted only by the signed Embedded Licence Agreement in the procurement pack, for a minimum Term of 24 months, at a fee by quote, and nothing goes live before the agreement and the data-processing agreement are signed and the first invoice is paid.
• The Simulator runs only from our servers, inside the frame the snippet creates, and only on the web addresses named in the agreement. You install the snippet on your own pages; we do not touch your site. You are responsible for your website, its security and everything outside the frame; we are responsible for what runs inside it. Your learners are your customers, under your own terms and privacy notice.
• “Powered by DrawWarm” stays on the screen unless the agreement says otherwise. Your logo appears beside it, not instead of it.
• We may suspend or end an Embedded licence at once for breach, brand misuse, non-payment, a security incident or insolvency, and for any other reason on 90 days’ notice with a pro-rata refund of the unused prepaid fee. We may disable the snippet remotely at any time. Where the agreement and these terms differ, the agreement prevails for that licence.

18. General

• Entire agreement. The contract (the Order, this part, the data-processing agreement, any signed agreement and, for a pilot, the pilot terms) is the whole agreement between us for its subject. Neither of us relies on any statement not set out in it, except a fraudulent one.
• Changes. We may change this part on at least 30 days’ notice by email to your Managers or to the account holder. For a licence already running, the change applies from its next renewal, unless the change is required by law or is needed to protect the Simulator or its Users, in which case it applies from the date in the notice. No other variation is effective unless in writing and agreed by both of us; email is enough.
• Assignment. You may not assign, novate, sublicense or subcontract the contract or any right under it without our written consent. We may assign it to a successor to our business on notice, and may use subcontractors for hosting, payments and email; the current list is in the data-processing agreement.
• Notices go by email: to us at [email protected]; to you at your Managers’ addresses or the account holder’s address. A notice is received on the next working day.
• Force majeure. Neither of us is liable for a failure caused by something outside its reasonable control, other than a failure to pay.
• Compliance. Each of us will comply with the Bribery Act 2010 and the Modern Slavery Act 2015 in connection with the contract.
• Waiver, severance, third parties. A delay in enforcing a right is not a waiver of it. If any part of these terms is unenforceable, the rest continues, and the part is read down to the extent needed to be enforceable. No one other than the parties has rights under the contract (Contracts (Rights of Third Parties) Act 1999).
• Complaints. Email [email protected] with the business’s name, what happened and when. We acknowledge within two working days and aim to resolve within ten. We are not obliged to, and do not, use an alternative dispute resolution provider.
• Law and courts. The contract and any dispute about it, including non-contractual disputes, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction, including the Intellectual Property Enterprise Court for matters concerning the Simulator or the Marks; either of us may nonetheless seek an injunction in any court to protect its intellectual property or Confidential Information. For a public body in Scotland or Northern Ireland we may agree in the Order that the law and courts of that country apply instead.

Launch pricing: Launch offer: £99 a month, half the full price of £199. Launch pricing ends 31 March 2027. See also Part A, the refund policy and the privacy notice.