Terms and Conditions

These are the terms on which Hypertonic Games Ltd, trading as Hypertonic Studios, provides GarageActive. Please read them before you create an account or accept an invitation to join a garage. They are written for businesses. Every numbered section below is part of the contract, including the Data Processing Terms in the Schedule at the end.

1. Who we are

GarageActive is provided by Hypertonic Games Ltd, trading as Hypertonic Studios. We are a private limited company registered in England and Wales under company number 13066392. Our registered office is Unit 3a Narberth Bridge Business Park, Narberth, Wales, SA67 8RA. In these terms we are "we", "us" and "our".

You can contact us at support@garageactive.com. Our full company details are also on our Legal page.

2. These terms

Who they apply to. These terms are a contract between us and the business that uses GarageActive to run its garage ("you" and "your garage"). Every person who creates an account or accepts an invitation to join a garage accepts these terms on behalf of that business, and agrees to keep to the parts that apply to them personally, such as sections 3 and 8.

Business use only. GarageActive is for businesses that service, repair, inspect or maintain vehicles. It is not offered to consumers. By creating an account or a garage you confirm that you are at least 18, that you are acting for a business, and that you have authority to bind that business to these terms.

When they start. These terms apply from the moment you create an account, and they continue until your garage is closed and your data has been dealt with as section 12 describes.

The documents that make up the agreement. These terms, including the Schedule, are the whole agreement between us about GarageActive. The pricing page describes the plans and their limits, and forms part of the agreement for the plan you choose. Our Privacy Policy explains how we use personal data about you and your team as a controller in our own right. It is not part of this contract, but you should read it. If your garage has a signed Enterprise agreement or order form with us, that document takes priority over these terms where the two conflict.

Changes to these terms. Each version of these terms has a version number and an effective date, both shown at the top of this page. We may change these terms. If a change reduces your rights or increases your obligations in a way that matters, we will email the garage owner at least 30 days before it takes effect, and you will be asked to accept the new version the next time you sign in. If you do not agree to the new terms you can close your garage before they take effect, and section 12 will apply. Changes that do not affect your rights, such as corrections, clarifications, or a change to our contact or company details, may be made without notice.

3. Your account and your team

Your account. You must give accurate information when you create an account and keep it up to date. Keep your password secret, do not share your account, and tell us at support@garageactive.com as soon as you know or suspect that somebody else has used it. You can turn on two-factor authentication from your settings, and we recommend that you do. You are responsible for everything done through your account until you tell us it has been compromised.

Roles. Each garage has an owner, which is the account that created it. The owner can add managers, and managers can add team members. Only the owner can close or reopen the garage or download an export of its records, and we act on the owner's instructions in anything that concerns the garage as a whole, including the instructions in section 12 and the Schedule. Managers can manage the team, the garage's settings and its paid plan. Every member of the team can see and work on the garage's records.

Your team. You are responsible for everyone you invite into your garage and for what they do in it. Keep the team list current, and remove anyone who leaves your business. Actions taken inside a garage are recorded in the garage's activity history, and you must make sure your team knows that. An invitation that has not yet been accepted counts towards your plan's team limit until it is accepted or withdrawn.

Changing the owner. There is no way to transfer ownership of a garage inside GarageActive. If the owner leaves your business, cannot be reached or loses access to their account, email us at support@garageactive.com. We will transfer ownership on the written instruction of the business once we are satisfied that the person instructing us is entitled to act for it, and we may ask for evidence. We do not promise a timescale, and we may refuse a transfer we cannot verify.

Deleting an account. Any member can delete their own account from their settings. The owner of an open garage must close the garage, or have ownership transferred, before deleting their account, because an open garage with no owner could never be closed, exported or reopened. The Privacy Policy explains what deleting an account removes and what it keeps.

4. The service and the plans

What GarageActive is. GarageActive is a web application for running a vehicle workshop: customers, vehicles, bookings, a schedule, services and parts, invoicing, inspection photos and video, a team, and emails to your customers. We provide it as it stands at the time you use it, and we improve and change it over time.

Plans. GarageActive is offered on a Free plan, a Premium plan and an Enterprise plan. What each plan includes, and the limits that apply to it, are set out on the pricing page at the time you choose it. A limit described as unlimited has no fixed cap and is subject to fair use, as described below. The Enterprise plan is priced and configured for each garage individually under a separate agreement.

Limits. Nothing is deleted when you reach a limit. When you reach your monthly limit for inspection photos or videos, new uploads pause until the start of the next calendar month, or until you upgrade. When your team is at its limit you cannot invite anyone else until you remove someone or upgrade. The number of bays you can schedule is limited by your plan. If your plan ends or lapses, nobody is removed from your team and nothing is deleted, but you cannot add beyond the limits of the plan you are then on, bays beyond that plan's limit are hidden from the schedule until you are within it, and the features of the higher plan stop.

Fair use. Unlimited means as much as a garage needs to run its own business in the ordinary way. If your use goes far beyond that, or affects the service for other garages, for example through automated or bulk use, we may contact you to agree a limit, and we may restrict your use if we cannot reach agreement.

Changes to the service. We may add, change or remove features. If we remove or materially reduce a feature that is included in the paid plan you are on, we will email the garage owner at least 30 days beforehand, and section 5 explains your options. The Free plan may be changed at any time.

Vehicle lookups and other third-party services. Vehicle details and MOT information come from the DVLA and the DVSA, and some features, such as MOT reminders, depend on them. We do not control those services. They may be unavailable, may change, may return information that is wrong or out of date, and may be withdrawn or closed to us. We may suspend or withdraw any feature that depends on them if we lose access, and we do not guarantee that a vehicle lookup will always be available or accurate. The same applies to the other services GarageActive relies on to deliver email and text messages, store files and stream video. Where we can, we will find an alternative.

Availability. We aim to keep GarageActive available at all times, but we do not guarantee uninterrupted access. We may suspend access for maintenance, and will give notice where we reasonably can. We are not liable for any period during which the service is unavailable.

Support. Support is by email at support@garageactive.com, in English. We reply as quickly as we reasonably can, but we do not promise a response time. Priority support and dedicated support, where your plan includes them, mean that your emails are answered ahead of those from garages on the Free plan. Neither is a promise of a response time unless your Enterprise agreement says so.

Early features. We may label a feature as beta or early access. Such features are provided as they stand, may change or be withdrawn, and are not covered by any promise in these terms about the service.

5. Fees and payment

The Free plan. The Free plan is free of charge and does not require payment details.

Prices. You pay the price shown when you start your plan, until it changes as described under "Price changes". You can see it at any time in Settings, under Billing. Prices are in pounds sterling and exclude VAT. We add VAT only when the law requires us to charge it, at the rate in force on the date of each charge, and show it on your invoice. If we start adding VAT to your charges, we will email the garage owner at least 30 days before the first charge that includes it.

Paying. You pay for a paid plan by card, through our payment provider, Stripe. By starting a paid plan you authorise us to take each payment when it is due. We do not see or store your card details. Stripe's own terms apply to its handling of your payment.

Billing periods. A monthly plan is billed on the 1st of each month. When you start one part way through a month, you pay for the rest of that month straight away, and then the full price on the 1st of each month after that. An annual plan is billed when you start it and on each anniversary. Both renew automatically until cancelled.

Extra texts. If your plan includes a monthly allowance of text messages, a manager can choose, in Settings, under SMS, to keep sending texts once the allowance is used up. Each extra text is charged at the price shown there, whether or not it is delivered, because our text message provider charges for every text it sends. A text the provider refuses to send, or that is never sent, is not charged. Extra texts are billed in arrears, on the 1st of each month for the month before, and paid the same way as your plan, unless your Enterprise agreement says otherwise. If a month's extra texts come to less than 30p, they are not charged. A manager can turn them off at any time, and texts already sent are still billed. If a payment for extra texts fails, extra texts are turned off until a manager turns them on again.

Cancelling. A manager can cancel a paid plan from Settings at any time. You keep the plan until the end of the period you have paid for, and can resume it before then if you change your mind. When it ends, your garage moves to the Free plan. Upgrades take effect immediately. Downgrades take effect at the end of the period you have paid for.

No refunds. We do not refund any part of a period you have paid for, including when you cancel, downgrade, close your garage or stop using GarageActive, except in the cases described under "Refunds when we make a change".

Failed payments. If a payment fails we will email you, and Stripe will retry it. You keep your plan for 30 days after the end of the last period you paid for. If the payment has still not been made by then, your garage moves to the Free plan until it is. We may cancel a plan that remains unpaid.

Price changes. We may change our prices. We will email the garage owner at least 30 days before a change to a plan you are paying for takes effect, and it will apply from your first renewal after that notice. If you do not accept the new price you can cancel before the renewal. A change to the price of extra texts gets the same notice and applies from the first month that starts after it. If you do not accept it, you can turn extra texts off.

Refunds when we make a change. If we permanently withdraw a feature that is included in a plan you are paying for, or stop providing GarageActive altogether, and you cancel because of it, we will refund the part of any period you have paid for that falls after your cancellation. The same applies if you close your garage under the Schedule because you object to a new sub-processor. Any refund goes to the card you paid with.

Disputed charges. If you think a charge is wrong, email us before raising a dispute with your card issuer. If a charge is reversed by your card issuer while the plan it paid for is still in use, we may end that plan.

Enterprise. Enterprise plans are priced, invoiced and paid under the Enterprise agreement, which sets out its own payment terms.

6. Your data and your responsibilities

Your data is yours. Everything you and your team put into GarageActive, and everything it generates for you, stays yours: customer records, vehicles, jobs, invoices, notes, photos and videos, and your garage's own details and branding ("your data"). You give us a licence to store, copy, process, display and transmit your data to the extent needed to provide GarageActive to you, to keep it secure, to comply with the law, and as sections 7 and 12 and the Schedule describe. Nothing in these terms gives us any other right to your data.

What you are responsible for. You are responsible for your data and for the way your garage uses GarageActive. In particular you must:

• have the right to enter your data into GarageActive, and keep it accurate;
• comply with data protection law in relation to your customers and your team, including giving your customers a privacy notice that covers the processing GarageActive does for you and the retention described in section 12;
• get and record your customers' consent before marking them as agreeing to MOT reminder emails or MOT reminder texts, asking for each separately, and mark them as declined when they ask you to;
• not enter anything unlawful, defamatory, infringing or harmful, and not use inspection photos and videos to record people rather than vehicles;
• keep your own copy of anything you cannot afford to lose. You can download an export of your garage's records at any time while it is open.

Emails and messages we send for you. GarageActive sends booking confirmations, invoices, inspection links and MOT reminders to your customers on your behalf, in your garage's name, from our sending domain. On a plan that includes them, it can also send MOT reminders by text, under a sender name you choose. Each sender name belongs to one garage, and our text message provider must approve it before any text is sent. You are the sender of those messages for the purposes of the law on electronic marketing and business communications. MOT reminders are sent only to customers you have marked as having agreed to them, by email and by text separately, and each one carries an unsubscribe link, which we honour for you by marking the customer as declined for that kind of reminder. We may pause sending from your garage if we receive complaints, detect abuse, or need to protect our ability to deliver email and text messages for every garage.

Invoices, tax and advice. GarageActive helps you produce invoices and works out VAT from the settings you give it. You are responsible for the accuracy of your invoices, for your own VAT registration and rates, and for keeping the records the law requires you to keep. Nothing in GarageActive is legal, tax or accounting advice.

Vehicle data. Vehicle and MOT details obtained through GarageActive come from the DVLA and the DVSA and are subject to their conditions. You may use them only within GarageActive, for the purpose of running your garage and dealing with the vehicle's owner or keeper. You must not extract them in bulk, resell them, or use them for any other purpose.

7. Aggregated and anonymised data

We may create anonymised, aggregated statistics from the use of GarageActive and from the data held in it, about how garages and workshops run. Examples are bookings per bay, the most common services, labour rates by region, MOT outcomes by vehicle age, and which features are used. By using GarageActive you instruct us to do this, and that instruction forms part of your documented instructions under the Schedule.

Anonymised means that the statistics do not identify, and cannot reasonably be used to identify, your garage, any member of your team, any of your customers or any individual vehicle. We combine data across many garages, we never publish or share a figure that relates to a single garage, and no registration number, name, address, email address, phone number, invoice, note, photo or video is ever included.

We own those statistics and may use them for any purpose, during and after your use of GarageActive, including improving the service, publishing benchmarks and reports about the industry, and licensing or selling them to third parties. Information obtained from the DVLA and the DVSA remains subject to their conditions and is not resold as such.

This section gives us no right to your data itself, and no right to sell or share your data. Your ownership of your data under section 6 is unchanged. An Enterprise agreement may exclude this section.

8. Acceptable use

You and your team must not:

• use GarageActive for anything other than running your own garage business, or for anything unlawful;
• try to access another garage's data, or any part of GarageActive you are not entitled to, or test or probe its security without our written permission. If you find a security problem, please tell us at support@garageactive.com;
• copy, adapt, reverse engineer or decompile GarageActive, or build a competing product from it;
• access GarageActive by automated means, or extract data from it in bulk, other than through the export we provide;
• share accounts, let anyone outside your business use your garage, or resell access to GarageActive;
• upload malware or anything designed to interfere with GarageActive or with anyone's use of it;
• send marketing to people who have not agreed to receive it, or send anything misleading, abusive or unlawful through the messages GarageActive sends for you;
• upload anything that infringes anyone's rights or that you have no right to use.

We may remove content and suspend or restrict access if we reasonably believe this section has been breached, and section 11 applies.

9. Intellectual property

GarageActive, its design, code, features, documentation, and the GarageActive name and logo belong to us or our licensors. We give you a non-exclusive, non-transferable licence to use GarageActive for your business while these terms apply. You may not use our name or logo except as they appear in the service.

Your garage's name and logo remain yours. You allow us to show them within GarageActive and on the messages and documents we produce for you. On plans that do not include unbranded output, a "Powered by GarageActive" credit appears on those messages and documents, and that is part of the service.

If you give us suggestions or feedback we may use them without any obligation to you.

10. Confidentiality

Each of us will keep the other's confidential information confidential, use it only for the purposes of these terms, and not disclose it to anyone else except our own staff, advisers and providers who need it and are bound to keep it confidential, or where the law requires disclosure. Your data is your confidential information. Information that is public, already known to the recipient, or independently developed is not confidential.

11. Suspension and ending the agreement

By you. You can stop using GarageActive at any time, and the owner can close your garage from Settings at any time. Section 12 describes what happens when you do.

Suspension by us. We may suspend or restrict access to your garage, or to an individual account, straight away if we reasonably believe there is a security risk, that section 8 has been breached, that our email sending is being abused, or that the law requires it, or if a paid plan remains unpaid after the 30 days described in section 5. We will tell you why unless the law prevents it, and lift the suspension once the reason is resolved.

Ending by us for breach. We may end this agreement and close your garage if you break these terms in a material way and do not put it right within 14 days of our telling you, or if the breach cannot be put right. No refund is due when we end the agreement for breach.

Ending the service. We may stop providing GarageActive, or a plan, by giving the garage owner at least 60 days' notice by email. Section 5 describes the refund that applies. Your garage will be treated as closed at the end of the notice period and section 12 will apply, so download your export before then.

12. Closing your garage, and what happens to your data

This section describes what happens to your data after your garage closes. It is what we actually do, and the Schedule relies on it.

Closing. Only the owner can close a garage, from Settings. Closing takes effect at once: nobody on your team can use the garage any more; inspection links you have sent to customers stop working; invitations that have not been accepted can no longer be accepted; and a paid plan is set to end at the end of its current billing period, with no refund.

The reopen window. Until the end of the 30th day after closing, London time, the owner can reopen the garage and everything is as it was. A paid plan whose billing period has already ended by then is not resumed. The garage reopens on the Free plan and you can upgrade again. A plan you had already cancelled before closing stays cancelled.

Export before you close. The owner can download an export of your garage's records from Settings at any time while the garage is open. Nothing can be exported after it has closed, by anyone. The export contains every issued invoice as a PDF, and spreadsheets of your customers (with their contact details, addresses, notes and MOT reminder choices), your jobs, your job notes and your invoices. Photos and videos are not included, so save any you need from the job's inspection tab first. A garage with a large number of invoices downloads its export in parts rather than as one file. After closing, this export is the only copy of your records that you have, and your ability to answer your own customers' requests depends on it.

What is removed after the reopen window. Once the reopen window has passed, we remove from your garage:

• your customers' email addresses, phone numbers, postal addresses and notes from their customer records, and their MOT reminder choices, which are set back to not asked;
• every inspection photo and video;
• job notes, notifications, the record of which MOT reminders were sent, inspection links, draft invoices and pending invitations;
• your team members' email addresses, and the photos of them that a manager uploaded;
• your garage's logo and phone number;
• the whole activity history of the garage;
• any paid plan that is still running, which is cancelled at once.

What is kept, and for how long. By closing your garage you instruct us to keep the following records for seven years from the day you close, so that you can meet your own record-keeping obligations, such as HMRC's requirement to keep business records for six years from the end of the accounting period they relate to and the six-year period in which a claim can be brought against you, and not to delete them earlier unless you instruct us in writing:

• your garage's name, address, VAT number and web address;
• your team members' names;
• your customers' names;
• your jobs, the services on them, and your services and parts lists;
• the registration numbers of the vehicles you worked on;
• every issued and paid invoice, including the customer's name and postal address printed on it;
• your billing record with us.

You keep these records on your own legal basis: your legal obligation to keep accounting records, for issued invoices, and your legitimate interest in being able to answer questions and defend claims about the work you did, for the rest. We keep them only because you have instructed us to, and we do not use them for anything else.

They are not anonymised. The kept records still contain personal data: your customers' names, the registrations of the vehicles you worked on, and the name and address on every issued invoice. They are pseudonymised, not anonymised, and your customers' personal data is not deleted at 30 days. You remain their controller throughout.

After seven years. Seven years after closing, everything that was kept is deleted and your garage's web address is released for someone else to use.

Earlier deletion. If you want the kept records deleted before seven years, the owner, or someone entitled to act for the business, must instruct us in writing at support@garageactive.com. We will do it by hand and confirm when it is done.

Requests from your customers after closing. Once your garage is closed nobody on your team can read its records, but you remain the controller and are still answerable to your customers. If a customer asks you for access to their data, or for it to be corrected, deleted or restricted, or objects to its use, send us their request and your instruction at support@garageactive.com and we will act on it for you within a reasonable time. There is no self-service route, and we cannot promise a fixed turnaround.

Your customers. We never contact your customers about the closure of your garage. You are responsible for telling them, in your privacy notice or otherwise, that their records are held by GarageActive on your behalf, and for how long.

Accounts after closing. Once the garage is closed, the owner can delete their own account. If the owner's account is deleted during the reopen window, the garage can never be reopened. Team members' accounts are not affected by the closure, except that an account whose every garage has been closed and passed its reopen window is deleted along with them, as the Privacy Policy describes.

13. What we promise, and what we do not

We will provide GarageActive with reasonable skill and care, comply with the law that applies to us, and keep the security measures described in the Schedule.

Beyond that, GarageActive is provided as it stands. We do not promise that it will be free of errors or interruptions, that it will meet your particular needs, or that information obtained from the DVLA, the DVSA or any other third party is accurate or complete. The figures GarageActive calculates, such as invoice totals and VAT, are tools for you to check, not advice. We keep backups of our systems for disaster recovery, currently taken daily and kept for seven days, but they are not an archive of your records, and you should keep your own export. All conditions and warranties that the law would otherwise imply are excluded as far as the law allows.

14. Liability

Nothing in these terms limits or excludes either party's liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited or excluded by law.

Subject to that, we are not liable to you for any loss of profit, revenue, business, contracts, goodwill or anticipated savings, for any indirect or consequential loss, for loss or corruption of data that you could have avoided by keeping your own export, or for any loss arising from the unavailability or inaccuracy of information from the DVLA, the DVSA or any other third-party service.

Subject to the first paragraph of this section, our total liability to you and your garage arising out of or in connection with these terms and GarageActive, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for all claims arising in any period of 12 months, is limited to the greater of the fees you paid us in the 12 months before the first of those claims arose and £100. This limit includes our liability under the Schedule.

You will compensate us for any loss, cost, claim or expense, including reasonable legal costs, that we suffer because of a claim by a third party arising from your data, from a breach of section 6 or section 8 by you or your team, or from your failure to comply with data protection or marketing law.

15. General

Notices. We will send notices to the email address of the garage owner's account, and to individual account holders at their sign-in address. You can send notices to us at support@garageactive.com. A notice sent by email is treated as received on the next working day.

Transferring the agreement. We may transfer our rights and obligations under these terms to anyone who takes over the business of providing GarageActive, and will tell you if we do. You may not transfer yours without our written consent, except that ownership of a garage may be transferred as section 3 describes.

Other terms. These terms, the Schedule and the pricing page are the whole agreement between us about GarageActive and replace anything said or written before. If any part is found to be invalid the rest still applies. If we do not enforce a term straight away we can still enforce it later. Nobody other than you and us has any right under these terms, and the Contracts (Rights of Third Parties) Act 1999 does not apply. Neither of us is liable for a failure caused by events outside our reasonable control, other than an obligation to pay. Nothing in these terms makes us partners, or makes either of us the agent of the other.

Complaints. If you have a complaint, email support@garageactive.com and we will try to resolve it with you.

Law and courts. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from them or from GarageActive.

Schedule: Data Processing Terms

This Schedule applies to the personal data that GarageActive processes on your behalf, and is the contract required by Article 28 of the UK GDPR. Words defined in the UK GDPR have the same meaning here.

1. Roles. For the personal data that you and your team put into GarageActive, or that it generates from your use of it, you are the controller and we are your processor ("garage data"). Garage data includes data about your customers and the keepers and drivers of the vehicles you work on, and data about your team's work inside your garage, such as who did what and when. For the personal data of the people who hold accounts with us, the data we hold to bill you, and our correspondence with you, we are a controller in our own right, and our Privacy Policy applies rather than this Schedule.

2. The processing. The subject matter is the running of your garage. The processing lasts for as long as your garage exists and, after it closes, for the periods described in section 12 of the terms. Its nature and purpose are to store garage data, display it to your team, send the messages and documents you choose to send to your customers, look vehicles up with the DVLA and the DVSA, keep backups, produce the anonymised statistics described in section 7 of the terms, and delete data on the schedule in section 12. The types of personal data are names, contact details and postal addresses, vehicle registration numbers and vehicle details, MOT dates and results, details of bookings, work done, notes, invoices and payments, MOT reminder choices, inspection photos and videos of vehicles, and your team's names and actions. The data subjects are your customers, the keepers and drivers of the vehicles you work on, and your team. GarageActive is not designed for special category data or data about criminal offences, and you must not enter any.

3. Our obligations. We will:

• process garage data only on your documented instructions, which are these terms, the settings you choose and the actions you take in GarageActive, the instructions in sections 7 and 12 of the terms, and any written instruction the owner sends us, unless the law requires otherwise, in which case we will tell you first unless the law prevents it. We will tell you if we think an instruction breaks data protection law;
• make sure that everyone who has access to garage data on our side is bound by a duty of confidentiality;
• keep the security measures described in paragraph 4, and review them as the risk changes;
• engage other processors only as paragraph 5 describes;
• help you respond to requests from data subjects, as paragraph 6 describes;
• help you meet your own obligations on security, breach notification, impact assessments and consultation with the Information Commissioner, taking into account what we know and the nature of the processing, as paragraph 7 describes;
• at the end of the service, act as paragraph 8 describes;
• make available the information needed to show that we are meeting these obligations, and contribute to audits, as paragraph 9 describes.

4. Security. Garage data is encrypted in transit. Database records, inspection photos and backups are encrypted at rest. Inspection video is held on a dedicated video platform in the EU and streamed over signed links that expire. Each garage's data is isolated from every other garage's by access rules enforced inside the database itself, and a person can reach a garage's data only through an active membership of that garage. Passwords are stored as one-way hashes, two-factor authentication is available to every account, and unusual sign-in activity triggers alerts and notices. Our own credentials are held with the least access needed, and we access garage data only to provide support you ask for, to investigate a problem or an incident, or where the law requires. Backups are taken daily and kept for seven days.

5. Sub-processors. You give us general authorisation to use other processors to provide GarageActive. The current list, with what each one does and where it processes data, is in our Privacy Policy. We will email the garage owner at least 30 days before we add or replace one. If you object on reasonable data protection grounds and we cannot resolve your objection, you may close your garage before the change takes effect, and section 5 of the terms describes the refund that then applies. We put each sub-processor under data protection obligations equivalent to these, and we remain responsible to you for what they do.

6. Data subject requests. While your garage is open, your team can answer most requests directly: you can view, correct, export and delete customer records in GarageActive. If we receive a request that relates to your garage data we will pass it to you without answering it ourselves, unless the law requires us to answer. After your garage has closed, or where you cannot act on a request yourself, send us the request and your instruction at support@garageactive.com and we will act on it for you within a reasonable time, as section 12 of the terms describes. We may charge a reasonable fee for assistance that is excessive.

7. Breaches and assistance. If we become aware of a personal data breach affecting your garage data we will tell the garage owner without undue delay, and in any event within 48 hours of becoming aware of it, with what we know about the nature of the breach, the data and people affected, the likely consequences and what we are doing about it, and we will add further information as it becomes known. We will give you reasonable assistance with your own notifications, with data protection impact assessments and with any consultation with the Information Commissioner, so far as it relates to GarageActive.

8. End of the service. When your garage closes, section 12 of the terms applies: a 30-day reopen window, the removal of the data listed there, the retention for seven years of the records listed there on your instruction, and their deletion after that. You may download your data through the export at any time while your garage is open, and you may instruct us in writing to delete the kept records earlier. We may keep garage data beyond that only where the law requires us to.

9. Information and audits. We will give you the information you reasonably need to check that we are meeting these obligations: this Schedule, our Privacy Policy, a description of our security measures, our sub-processors' own certifications and reports, and written answers to reasonable questions. You, or an auditor you appoint who is not a competitor of ours and who agrees to keep what they learn confidential, may audit our compliance once in any 12-month period, or more often if a supervisory authority requires it or after a breach, on at least 30 days' written notice, during working hours, in a way that does not disrupt the service, and at your cost. An audit is conducted through documents and written answers first, and through inspection of our systems only where that is not sufficient. Our sub-processors' facilities are covered by their own certifications and reports rather than by inspection.

10. Transfers. Garage data is stored and processed in the United Kingdom and the European Economic Area. Some of our sub-processors are based outside the UK and may access data from there to support their services. Any such access relies on the UK's adequacy regulations, the UK Extension to the EU-US Data Privacy Framework, or the Information Commissioner's International Data Transfer Addendum, as the Privacy Policy describes. Registration numbers are sent to the DVLA and the DVSA, in the UK, to look vehicles up.

11. Your obligations. You are responsible for having a lawful basis for the garage data you process, for the privacy notices you give your customers and your team, for the consents you record, for the accuracy of the instructions you give us, and for responding to your data subjects. You confirm that the retention in section 12 of the terms is your instruction, given for your own record-keeping purposes.

12. Liability. Our liability under this Schedule is subject to section 14 of the terms.