Terms and Conditions
Nessie Terms of Service
These Terms of Service ("Terms") govern access to and use of the Nessie platform and related services provided by MKS DESIGN TECH LTD, Forma House, 40 Bowling Green Lane, London, England, EC1R 0NE ("MKS DTECH", "we", "us", "our").
By accessing or using Nessie, the customer entity accepting these Terms ("Customer", "you", "your") agrees to be bound by them.
1. Service Description
Nessie is a cloud-based software platform with related Revit plugins and synchronisation tools designed to manage, synchronise, monitor and administer project information and metadata.
The service may include web applications, plugins, installers, integrations, support services, updates and related documentation.
2. Business Use Only
Nessie is offered for business and professional use only. It is not intended for personal consumer use.
The person accepting these Terms represents that they have authority to bind the Customer organisation.
3. Subscription and Commercial Terms
Use of Nessie is provided under a paid subscription, trial arrangement, quotation, proposal, order form or other commercial agreement issued by MKS DTECH.
Unless otherwise agreed in writing:
-
subscriptions are invoiced in advance;
-
subscriptions are annual;
-
renewals are handled manually;
-
multi-year agreements may be agreed;
-
fees are non-refundable except where required by law or where MKS DTECH determines a material service failure has occurred.
4. Trial Access
We may provide trial, pilot or evaluation access.
Trial services may be limited in features, duration or support and are provided as-is.
We may suspend or end trial access at any time.
5. Customer Accounts and Access
Access to Nessie may rely on Microsoft Entra ID or other identity systems approved by MKS DTECH.
Customer is responsible for:
-
managing its users and permissions;
-
ensuring only authorised users access the service;
-
maintaining internal security controls;
-
promptly removing access for departed personnel.
Role permissions may include Viewer, Editor, Admin, SuperAdmin or similar levels.
6. Customer Data
Customer retains ownership of all Customer Data entered into or processed through Nessie.
Customer Data includes project information, metadata, sheets, revisions, schedules, room data, settings, user activity records, and similar operational data submitted by Customer.
MKS DTECH does not acquire ownership of Customer Data.
7. Limited Use of Customer Data
MKS DTECH may access or process Customer Data only as reasonably necessary to:
-
provide the service;
-
maintain and support the platform;
-
monitor system health and performance;
-
diagnose issues;
-
perform maintenance;
-
protect security;
-
comply with legal obligations.
We will not sell Customer Data or use Customer Data for unrelated commercial purposes.
8. Confidential Information
Customer project information may be commercially sensitive or confidential.
Each party agrees to protect the other party’s Confidential Information using reasonable care and to use such information only for the business relationship relating to Nessie.
Confidential Information does not include information that:
-
is public through no breach;
-
was already lawfully known;
-
is independently developed;
-
must be disclosed by law.
9. Customer Responsibilities
Customer is responsible for:
-
legality and accuracy of Customer Data;
-
obtaining all permissions required to upload or process data;
-
internal approval of use of Nessie;
-
ensuring data classifications are appropriate;
-
maintaining backups of critical materials where required by Customer policy.
10. Infrastructure Options
Unless otherwise agreed, Nessie may be hosted by MKS DTECH using managed cloud infrastructure.
Where offered, Customer may elect to use customer-owned databases, storage accounts or infrastructure, subject to technical compatibility and separate agreement.
11. Availability and Support
MKS DTECH will use commercially reasonable efforts to maintain service availability and reliability.
The service may be unavailable from time to time for maintenance, upgrades, incidents, connectivity issues or events outside our control.
Support response times, onboarding, and service levels may be separately agreed.
12. Changes to the Service
We may improve, modify or update Nessie from time to time, including features, interfaces, integrations and security controls.
We will seek to avoid material degradation of core contracted functionality.
13. Suspension
We may suspend access where reasonably necessary due to:
-
security risk;
-
misuse;
-
non-payment after reasonable grace period;
-
unlawful activity;
-
material breach of these Terms;
-
actions threatening service integrity.
Where practical, we will provide notice.
14. Termination
Either party may terminate at the end of the agreed subscription term unless renewed.
Either party may terminate earlier for material breach not remedied within a reasonable notice period.
Upon termination:
-
access may cease;
-
Customer may request export or deletion of Customer Data subject to technical limitations and retention obligations;
-
unpaid fees remain payable.
15. Backups and Retention
MKS DTECH may maintain operational backups for resilience and disaster recovery purposes.
Backup retention periods may vary, including approximately 30 days unless otherwise agreed.
Residual copies in backups may remain until overwritten in normal cycles.
16. Intellectual Property
Nessie, including software, interfaces, documentation, branding, code, workflows and improvements, remains the intellectual property of MKS DTECH and its licensors.
No rights are granted except the limited right to use the service during an active subscription.
17. Feedback
If Customer provides suggestions or feedback, MKS DTECH may use it without restriction, provided no Customer Confidential Information is disclosed.
18. Warranties Disclaimer
Except as expressly stated, Nessie is provided on an as-available basis.
To the maximum extent permitted by law, MKS DTECH disclaims implied warranties including merchantability, fitness for a particular purpose and non-infringement.
19. Limitation of Liability
To the maximum extent permitted by law:
-
neither party is liable for indirect, incidental, consequential or special losses, including lost profit or lost business opportunity;
-
MKS DTECH’s aggregate liability arising from the service shall not exceed the fees paid by Customer for Nessie in the 12 months preceding the claim.
Nothing excludes liability that cannot legally be excluded.
20. Data Protection
Where personal data is processed, the parties agree that the Nessie Privacy Policy and any applicable Data Processing Addendum shall apply.
21. Governing Law
These Terms are governed by the laws of England and Wales, excluding conflict of laws rules.
The courts of England and Wales shall have jurisdiction unless otherwise agreed.
22. Changes to These Terms
We may update these Terms from time to time.
Updated versions become effective when published or otherwise notified.
23. Contact
MKS DESIGN TECH LTD
Forma House, 40 Bowling Green Lane, London, England, EC1R 0NE
Email: info@mksdtech.com