Last updated: March 2026
Version 2.0 — Effective date: March 2026
This End User Licence Agreement (“EULA”) is a legal agreement between you (“You” or “End User”) and Earlsmere Limited (“Earlsmere”, “we”, “us”, “our”), a company registered in England and Wales, with its registered office at Unit 18 Valley Road, Station Road Industrial Estate, Wombwell, Barnsley, South Yorkshire, S73 0BS. VAT number: GB464391532.
This EULA governs your use of the Toolminder mobile application and any related updates (“Licensed Application”), whether downloaded from the Apple App Store or Google Play Store (each a “Store”).
By downloading, installing, or using the Licensed Application, You agree to be bound by the terms of this EULA. If You do not agree to these terms, do not install or use the Licensed Application.
This EULA is separate from and does not replace Earlsmere's Terms of Service, which govern the use of the Toolminder service by organisations and businesses. Access to Toolminder via the web portal or browser-based service is governed by the Terms of Service and not by this EULA. Where You are using the Licensed Application as an employee or representative of a business that has its own agreement with Earlsmere, that agreement also applies.
Toolminder is a workplace tool management and health and safety compliance application. It enables organisations to record tool usage, track vibration exposure in accordance with the HSE points system, manage assets, conduct safety checks, and produce compliance reports.
The Licensed Application is designed for use on devices running Apple iOS or Google Android operating systems. It is intended for use in occupational settings by adults acting on behalf of their employer or organisation.
2.1 Licence grant
Subject to the terms of this EULA, Earlsmere grants You a personal, non-exclusive, non-transferable, revocable licence to install and use the Licensed Application on devices that You own or control, solely for purposes connected with your employer's or organisation's use of the Toolminder service.
2.2 Updates
This licence applies to all updates to the Licensed Application provided by Earlsmere, unless a separate licence is provided for a specific update. Earlsmere is not obliged to provide updates but may do so from time to time.
2.3 Business use only
The Licensed Application is intended for use in the course of a business, trade, or profession. By installing or using the Licensed Application, You confirm that You are doing so in a business context and not as a consumer.
You must not:
Violations of these restrictions may result in termination of this licence and may also give rise to civil or criminal liability under the laws of England and Wales.
The Licensed Application and all intellectual property rights in it, including copyright, trademarks, and any other proprietary rights, are owned by or licensed to Earlsmere. This EULA does not transfer any ownership of the Licensed Application to You. You acquire only a right to use the Licensed Application in accordance with these terms.
In the event of any third-party claim that the Licensed Application or your possession and use of it infringes a third party's intellectual property rights, Earlsmere, and not Apple or Google, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
Your use of the Licensed Application involves the processing of personal data, including your name, email address, and tool usage records. This data is processed in accordance with Earlsmere's Privacy Policy.
You acknowledge that Earlsmere may collect and use technical data relating to your device and the Licensed Application (such as crash reports and diagnostic information) in order to maintain, improve, and support the service. This data is collected via third-party diagnostics services (including Google Firebase Crashlytics) and is used only for service improvement purposes.
Earlsmere processes all personal data in accordance with UK GDPR and the Data Protection Act 2018.
All data entered into the Licensed Application by You in the course of your employment may be accessible to your employer or organisation and managed in accordance with your organisation's agreement with Earlsmere. You should refer to your organisation's own policies regarding data access and usage monitoring.
Data retention periods and the organisation's responsibilities for exporting and archiving compliance records are set out in Earlsmere's Terms of Service and Privacy Policy. It is the responsibility of the organisation, not Earlsmere, to ensure that records required for regulatory, legal, or internal compliance purposes — including records that may be required in the event of a workplace incident or inspection — are retained in accordance with the organisation's own document retention policies. Earlsmere is not responsible for the long-term storage, archival, or legal preservation of compliance records unless expressly agreed in writing under a separate agreement.
Earlsmere is solely responsible for providing maintenance and support for the Licensed Application. Apple Inc. and Google LLC have no obligation whatsoever to provide any maintenance or support services with respect to the Licensed Application.
Earlsmere may suspend or restrict access to the Licensed Application where reasonably necessary for maintenance, updates, security, or operational reasons.
Support enquiries should be directed to Earlsmere at help@toolminder.com or by telephone on 01226 750111.
7.1 Nature of the application
The Licensed Application is a tool usage recording and compliance reporting tool. It calculates vibration exposure scores based on published guidance from the UK Health and Safety Executive. It does not provide health surveillance, medical advice, or occupational health assessments. The accuracy of any outputs depends entirely on the data entered by the user or their organisation.
The Licensed Application is intended to assist organisations in recording and analysing tool usage data. It does not replace professional risk assessments, occupational health monitoring, or legal compliance advice. Outputs generated by the Licensed Application should be reviewed by appropriately qualified persons before being relied upon for regulatory or legal purposes.
You and your organisation remain solely responsible for ensuring compliance with all applicable health and safety legislation, including the Control of Vibration at Work Regulations 2005.
7.2 No warranty
Subject to clause 7.4, the Licensed Application is provided on an “as is” and “as available” basis. Earlsmere makes no warranty that the Licensed Application will be uninterrupted, error-free, or free from defects, or that it will meet your specific requirements.
7.3 Limitation of liability
Subject to clause 7.4, to the maximum extent permitted by applicable law, Earlsmere shall not be liable for:
arising out of or in connection with your use of, or inability to use, the Licensed Application.
7.4 Statutory rights
Nothing in this EULA limits or excludes Earlsmere's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot lawfully be excluded or limited under the laws of England and Wales.
Earlsmere, and not Apple or Google, is responsible for addressing any claims by You or any third party relating to the Licensed Application or your possession and use of it, including:
The Licensed Application integrates with certain third-party services including Google Firebase (including Firebase Crashlytics), Twilio, SendGrid, and OneSignal. These services are provided by third parties and are subject to their own terms and privacy policies. Details of these services and links to their privacy policies are set out in Earlsmere's Privacy Policy.
When using the Licensed Application, You must comply with all applicable third-party terms of service, including the Apple Media Services Terms and Conditions, the Google Play Terms of Service, and any wireless data service agreement applicable to your device.
The following provisions apply specifically in connection with the distribution of the Licensed Application through the Apple App Store and Google Play Store.
10.1 Relationship with Apple and Google
This EULA is between You and Earlsmere only, and not with Apple Inc. or Google LLC. Apple and Google are not parties to this EULA and are not bound by its terms. Earlsmere, not Apple or Google, is solely responsible for the Licensed Application and its content.
10.2 Third-party beneficiaries
Apple Inc. and Google LLC, and their respective subsidiaries, are third-party beneficiaries of this EULA. Upon your acceptance of the terms of this EULA, Apple and Google each have the right (and will be deemed to have accepted such right) to enforce this EULA against You as a third-party beneficiary thereof.
10.3 Usage rules
Your licence to use the Licensed Application is also subject to the usage rules set out in the Apple Media Services Terms and Conditions and the Google Play Terms of Service as applicable. This EULA is not intended to conflict with those usage rules.
The Licensed Application may be used only on Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. You may not use the Licensed Application on any Apple device that You do not own or control.
10.4 App Store refund policy
In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple or Google and, subject to their respective policies, your purchase price may be refunded. To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation with respect to the Licensed Application.
You may not use, export, or re-export the Licensed Application except as authorised by the laws of England and Wales and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported in violation of any applicable export control laws or regulations, including those of the United Kingdom and the United States.
By using the Licensed Application, You represent and warrant that You are not located in, or a resident or national of, any country subject to applicable trade sanctions or export restrictions, and that You are not on any government list of prohibited or restricted parties.
This licence remains in effect until terminated. It will terminate automatically and without notice if You fail to comply with any term of this EULA. Upon termination, You must immediately stop all use of the Licensed Application and delete all copies from your devices.
Earlsmere may also terminate this licence at any time by ceasing to make the Licensed Application available. Termination of this licence does not affect any rights or obligations that have accrued prior to termination.
Earlsmere may update this EULA from time to time. Where changes are material, we will provide notice by updating the Licensed Application or by posting a notice within the Toolminder help centre. Continued use of the Licensed Application following the effective date of any changes constitutes acceptance of the updated EULA.
This EULA is governed by and construed in accordance with the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim arising out of or in connection with this EULA.
If any provision of this EULA is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. Any invalid provision will be replaced by a valid provision that achieves, as closely as possible, the same purpose.
This EULA constitutes the entire agreement between You and Earlsmere with respect to the Licensed Application and supersedes all prior agreements, understandings, and representations.
For questions, complaints, or claims relating to the Licensed Application, please contact:
Need more help? help@toolminder.com or call 01226 750111