1. Who we are and these terms

oembrain is a workshop management service operated by OEM DRIVE LTD (Companies House number 14824413) of 10 Duncombe Street, Bletchley, Milton Keynes, MK2 2LY (“we”, “us” or “our”). You can contact us at [email protected].

These terms form the contract between us and the business named on the oembrain account (“you” or “your”). If you create or use an account for a business, you confirm that you have authority to bind that business. By creating an account or using the service, you agree to these terms.

2. The service

oembrain provides online workshop tools including a diary, customer and vehicle records, jobs, invoices, payments, exports and supported integrations. Features may depend on the selected plan, configuration, workshop country and third-party availability. We may improve or change the service, but will not materially reduce the core paid service during a current billing period without a reasonable business reason.

Vehicle lookups, payment services, email delivery and integrations rely on third parties such as DVLA/DVSA, Stripe and Xero. Their availability and output are outside our full control. Lookup data is provided to assist your work and should be checked where accuracy is safety-critical, legal or commercially important.

3. Accounts and security

You must provide accurate account and workshop information, keep it current, protect login details and restrict access to authorised staff. Each user should use their own account. You are responsible for activity under your account unless caused by our breach. Tell us promptly at [email protected] if you suspect unauthorised access.

You must maintain appropriate devices, internet access and working practices, and regularly export or otherwise retain records where your business or legal obligations require an independent copy.

4. Trials, subscriptions and billing

New eligible workshops receive the trial period shown when registering, currently 14 days. No payment card is required for the standard trial. We may limit repeated or abusive trials.

Paid plans are billed monthly or annually at the price, currency and tax treatment shown before checkout. Stripe processes subscription payments. By starting a paid plan, you authorise recurring charges at the selected interval until cancellation. You can manage payment details and cancellation through the secure billing portal when available, or contact us for help. Cancellation takes effect under the timing shown in the billing portal; amounts already paid are not refundable except where we agree otherwise or the law requires it.

If payment fails, we may retry it and, after any stated grace period, make the account read-only or suspend paid functions. Existing records and available exports will normally remain accessible while billing is resolved. We may change future prices by giving reasonable notice; a change will not alter charges already paid for the current billing period.

5. Acceptable use

You must not use oembrain unlawfully or in a way that harms the service or others. In particular, you must not:

• access another workshop's data or attempt to bypass security, permissions or usage limits;
• upload malware, run automated attacks, scrape the service, or interfere with its operation;
• use vehicle data, integrations or communications contrary to applicable law or provider rules;
• store content you do not have a right or lawful basis to use; or
• resell, copy, reverse engineer or commercially exploit the service except as law expressly permits.

We may investigate suspected misuse and take proportionate action, including restricting access, where reasonably necessary to protect customers, providers or the service.

6. Your data and data protection

You retain responsibility for the customer, vehicle, job, invoice and other business data you enter. As between us, you are normally the controller of personal data in your workshop records and we process it to provide the service on your instructions. You must have a lawful basis, give required privacy information, respond to individuals' rights and avoid entering unnecessary or unlawful data.

You grant us the limited rights needed to host, back up, transmit and otherwise process your data to provide, secure and support oembrain. Our Privacy Policy explains how we handle personal data. You should use available exports before closing an account and retain accounting or workshop records for any period the law requires.

7. Intellectual property

We and our licensors own oembrain, its software, design, documentation and branding. These terms give you a limited, non-exclusive, non-transferable right to use the service for your internal business operations while your account is active. They do not transfer ownership of our intellectual property or your data.

If you give feedback, we may use it without restriction or payment, but we will not identify you publicly as its source without permission.

8. Availability and warranties

We will provide the service with reasonable care and skill. Because software and third-party networks can fail, we do not promise uninterrupted or error-free availability. We may perform maintenance, address security incidents and make emergency changes. We will use reasonable efforts to restore material disruptions.

Except as expressly stated in these terms, all warranties, conditions and other terms implied by law are excluded to the fullest extent permitted for a business-to-business contract. oembrain does not provide legal, tax, accounting, regulatory or vehicle-safety advice.

9. Liability

Nothing in these terms limits liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to that, neither party is liable for indirect or consequential loss. We are not liable for loss of profit, revenue, business, anticipated savings, goodwill or data, or for losses caused by inaccurate information supplied by you, your failure to keep appropriate records, unauthorised account use that is not caused by us, or a third-party service outside our reasonable control.

Our total liability arising out of or in connection with the service in any 12-month period is limited to the greater of £100 and the fees you paid us for the service during that period. This cap does not reduce your obligation to pay charges properly due. Each party must take reasonable steps to reduce avoidable loss.

10. Suspension and termination

You may stop using the service and cancel a paid subscription as described in section 4. We may suspend or terminate access if you materially breach these terms, fail to pay, create a security or legal risk, or misuse the service. Where practical, we will give notice and a reasonable opportunity to fix a remediable breach.

We may discontinue the service by giving reasonable notice. On termination, your right to use it ends. We may retain or delete data in accordance with our Privacy Policy, legal obligations and backup cycle. Provisions intended to continue—including payment obligations, intellectual property, liability and governing law—survive termination.

11. General

Neither party is responsible for delay caused by events beyond its reasonable control. You may not transfer this contract without our written consent. We may transfer it as part of a genuine reorganisation, financing or sale of the service, provided this does not reduce your rights.

If a provision is unenforceable, the rest remains effective. A delay in enforcing a right is not a waiver. These terms and the documents they expressly refer to are the entire agreement about the service and replace earlier discussions about it. No person other than the parties has a right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.

We may update these terms for legal, security or service reasons. We will give reasonable notice of a material change. Continued use after the effective date means the updated terms apply; if you do not agree, you should cancel before then.

12. Governing law and contact

These terms and any non-contractual dispute are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.

Questions can be sent to [email protected] or by post to OEM DRIVE LTD, 10 Duncombe Street, Bletchley, Milton Keynes, MK2 2LY.

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