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CDM Creator

Terms of Service

Operated by Deus XAI sp. z o.o.

Last updated: 2026-07-23 · Effective: 2026-07-23 · Version 1.0.0

Business-to-business service. CDM Creator is provided exclusively to businesses and professionals acting in the course of their trade, business, craft or profession. It is not intended for, offered to, or available to consumers. By using the Service you represent and warrant that you are acting for business purposes and are not a consumer. (See clause 4.)

YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 9 (DISCLAIMERS), CLAUSE 13 (LIMITATION OF LIABILITY) AND CLAUSE 14 (INDEMNITY).

1. About these Terms

1.1. These Terms of Service ("Terms") are a legally binding agreement governing your access to and use of the CDM Creator platform, the website at https://cdmcreator.co.uk and all related services (together, the "Service").

1.2. The Service is provided by Deus XAI sp. z o.o., a limited liability company incorporated under the laws of the Republic of Poland, with its registered office at Rybaki 22/14, 61-884 Poznań, Poland, entered in the Register of Entrepreneurs of the National Court Register (KRS) under number 0001204126, tax identification number (NIP) PL7822961628, statistical number (REGON) 543194481 ("Deus XAI", "we", "us", "our"). "CDM Creator" is a brand and product operated by Deus XAI sp. z o.o.

1.3. By registering for, accessing or using the Service, you ("you", "your", the "Customer") agree to these Terms. If you accept these Terms on behalf of a company or other entity, you represent that you are authorised to bind that entity.

1.4. If you do not agree to these Terms, you must not access or use the Service.

1.5. These Terms should be read together with our Privacy Policy, Cookie Policy and, in respect of personal data you process through the Service, our Data Processing Agreement, each of which forms part of your agreement with us.

2. Definitions

  • "Account" means the account you register to access the Service.
  • "Content" means all data, text, information, logos, and materials generated, uploaded, entered, stored or transmitted through the Service.
  • "Customer Data" means all Content that you or your Authorised Users submit to or generate in the Service, including inputs, project data and personal data of third parties.
  • "Authorised User" means an individual you permit to use the Service under your Account (e.g. your employee, colleague or subcontractor).
  • "Generated Documents" means Health & Safety and compliance documents (such as CPP, RAMS, COSHH assessments, method statements, permits, toolbox talks and similar) produced by the Service based on inputs and selections you provide, and which you may further edit.
  • "Subscription" means a paid plan providing access to the Service for a defined period.
  • "CDM 2015" means the Construction (Design and Management) Regulations 2015.
  • "Virus" means any code, file or program designed to disrupt, damage, gain unauthorised access to, or impair the operation of any software, hardware, network or data.

3. The Service

3.1. CDM Creator is a software-as-a-service tool that helps construction-industry professionals prepare Health & Safety and compliance documentation intended to support compliance with CDM 2015 and related UK Health & Safety requirements.

3.2. The Service generates draft documents using automated processing and artificial intelligence (including AI technology provided by Anthropic) based on the inputs, selections and information you provide (such as project details, scope of works, equipment, hazardous substances and personnel). Generated Documents can then be reviewed, edited, adapted and completed by you within the Service.

3.3. The Service also provides features for managing projects and contacts, storing documents (the "digital folder"), and — where and when made available — collecting electronic confirmations/signatures. Some features are provided depending on your plan and may be under development or offered as "coming soon".

3.4. Nature of the Service — fundamental. The Service is an automated document-preparation and document-management tool only. It is not a Health & Safety business, adviser or consultant, does not provide Health & Safety, legal, engineering or regulatory advice, and does not review your site, exercise professional judgement, or assume any of your legal duties. See clauses 9 and 10.

4. Business use only; eligibility

4.1. The Service is offered exclusively to businesses and professionals. By registering and using the Service, you represent and warrant that:

  • (a) you are using the Service wholly or mainly for purposes relating to your trade, business, craft or profession, and not as a consumer;
  • (b) you are at least 18 years old and have authority to enter into these Terms; and
  • (c) the information you provide (including, where requested, confirmation of your business status, company number or VAT number) is accurate.

4.2. Because the Service is not offered to consumers, statutory consumer-protection rules that apply only to consumer contracts do not apply to your use of the Service. Where, despite clause 4.1, mandatory law nonetheless treats you as a consumer, nothing in these Terms limits any of your rights that cannot be excluded by law (see clause 19.3).

4.3. You are responsible for your Authorised Users and for all activity under your Account, and you are responsible for any Authorised User's breach of these Terms. You must keep credentials secure, use all reasonable endeavours to prevent unauthorised access, and notify us promptly at info@cdmcreator.co.uk of any unauthorised use.

5. Free trial

5.1. We may offer a free trial. Unless stated otherwise at sign-up, the trial provides limited access for the stated period.

5.2. We may change or withdraw free trials at any time. Content created during a trial may be permanently lost if you do not take out a Subscription.

6. Subscriptions, fees and payment

6.1. Plans and prices. Current plans, features and prices are published on our website. Prices are in pounds sterling (GBP) and are exclusive of VAT and other applicable taxes unless stated otherwise; applicable taxes will be added where required.

6.2. Billing. Subscriptions are payable in advance, monthly or annually as selected, and renew automatically for successive periods of the same length unless cancelled under clause 7.

6.3. Payment provider. Payments are processed by a third-party payment provider (e.g. Stripe). You authorise us and our provider to charge your selected payment method for all applicable fees. You must provide valid, up-to-date and complete billing details and keep them current.

6.4. Non-cancellable; failed or late payment. Except where a refund is required by mandatory law, Fees are non-cancellable and non-refundable. If we are unable to recover payment on the due date, we may, without liability to you and without prejudice to our other rights, disable your password, Account and access to all or part of the Service, and we are under no obligation to provide the Service while payment remains outstanding. We may charge statutory interest for late payment in commercial transactions.

6.5. Price changes. We may change prices. For existing Subscriptions we will give at least 30 days' notice, and changes take effect from the next renewal. If you do not accept a change, you may cancel before it takes effect.

6.6. Taxes. Where relevant, VAT/tax will be handled in accordance with applicable law. You are responsible for providing accurate tax information (including a valid VAT number where applicable).

6.7. Referrals. Where we offer a referral benefit (e.g. a discount for sharing the Service), it is subject to any additional referral terms we publish and may be varied or withdrawn.

7. Term, renewal, cancellation and suspension

7.1. These Terms apply from your first acceptance and continue while you use the Service.

7.2. You may switch off automatic renewal at any time via your Account or by contacting us; cancellation takes effect at the end of the current billing period, and you retain access until then.

7.3. Except where a refund is required by mandatory law, Fees already paid are non-refundable, and cancelling part-way through a billing period does not entitle you to a pro-rata refund.

7.4. Termination for cause. We may suspend or terminate your access with immediate effect if: (a) you materially breach these Terms and (where remediable) fail to remedy within a reasonable period after notice; (b) you fail to pay Fees when due; (c) you become insolvent, are unable to pay your debts, enter any arrangement with creditors, or cease (or threaten to cease) carrying on business; or (d) your use creates legal or security risk.

7.5. Suspension. We may suspend or restrict the Service (in whole or part) where reasonably necessary for security, legal compliance, non-payment, or to protect the Service or its users, without liability to you.

7.6. Effect of termination. On termination: (a) your right to use the Service ends and all licences granted end; (b) all outstanding Fees become immediately payable; (c) you are responsible for exporting your Content beforehand; and (d) after termination we may delete or securely dispose of Customer Data in accordance with our Privacy Policy and the Data Processing Agreement, and we handle personal data as described there.

8. Licence and intellectual property

8.1. Our IP. We and our licensors own all intellectual property rights in the Service, its software, templates, content libraries and branding. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service during your Subscription solely for your internal business purposes and in accordance with these Terms. Any marking on Generated Documents indicating our authorship or that of identified contributors must not be removed.

8.2. Customer Data. You retain all rights in your Customer Data and have sole responsibility for its legality, reliability, integrity, accuracy and quality. You grant us and our affiliates and sub-contractors a non-exclusive, worldwide licence to host, copy, edit, display, transmit, process and use Customer Data as necessary to provide, secure, maintain and improve the Service (including to test functionality and fix defects) and to comply with law. Where we process personal data on your behalf, the Data Processing Agreement applies.

8.3. Generated Documents. Subject to payment of applicable fees and to our and our licensors' underlying rights in the Service, its templates and content libraries, you may use the specific Generated Documents produced for your projects for your own business purposes. You are solely responsible for reviewing, editing, finalising and using them.

8.4. Feedback. We may freely use any feedback or suggestions you provide, without obligation.

8.5. Restrictions. You must not: (a) use the Service unlawfully or fraudulently; (b) upload or transmit any Virus or any Content that is unlawful, harmful, defamatory, obscene, infringing, harassing, discriminatory or that facilitates illegal activity, or that you have no right to use; (c) attempt to access, disrupt, reverse engineer, decompile, copy, modify or create derivative works from the Service or its software except to the extent this restriction is prohibited by mandatory law; (d) resell, sublicense, rent or make the Service available to third parties except as your plan permits; (e) access the Service to build a competing product; or (f) scrape or extract data other than your own Customer Data. We may, without liability and without prejudice to our other rights, disable access to any Content that breaches this clause.

8.6. Audit of usage. We may verify your use of the Service against your Subscription limits. Where verification shows use beyond your plan, we may charge the corresponding additional Fees.

8.7. Anonymised and aggregated data. We may create anonymised and aggregated data and statistics derived from Customer Data and from use of the Service (for example trends, benchmarks and market insights). Such data does not identify you or any individual and is not personal data. We own it and may use and disclose it for any purpose, including analytics, improving the Service, and commercial purposes.

9. Disclaimers — AI, editable documents, Health & Safety

9.1. No professional advice. The Service and all Generated Documents are provided for document-preparation purposes only and do not constitute Health & Safety, legal, engineering or regulatory advice, and must not be relied upon as such. Generated Documents are templates and drafts to be used as a starting point and adapted by you; you should consult an appropriate professional for advice tailored to your situation.

9.2. Automated and AI-generated output. Generated Documents are produced by automated systems and artificial intelligence based on the inputs you provide. Such output may be incomplete, inaccurate, out of date, or unsuitable for your specific circumstances, and may not reflect all applicable laws, standards or site conditions. AI output can contain errors and "hallucinations". You must independently review, verify, correct and approve every Generated Document before any use.

9.3. You edit and finalise the documents. The Service allows you to edit, adapt, supplement and change Generated Documents and their inputs (including risk assessments, control measures and method statements). You are the author of the final version of any document you edit, adopt or use, and you assume sole responsibility for its content, accuracy, suitability, implementation, and for any results obtained from, and conclusions drawn from, use of the Service.

9.4. Dependence on your inputs. The quality and suitability of Generated Documents depends entirely on the accuracy, completeness and appropriateness of the information you provide. We have no liability for output that is unsuitable because of your inputs, instructions or edits.

9.5. No guarantee of compliance or outcome. We do not warrant or guarantee that the Service or any Generated Document will comply with CDM 2015, HSE requirements or any other law, standard, inspection, audit or client requirement, or that it will prevent enforcement action, fines, penalties, claims or liability of any kind. Any marketing statements are general and do not form warranties or contractual commitments.

9.6. Service warranty and sole remedy. We undertake that the Service will be provided with reasonable skill and care. This undertaking does not apply to non-conformance caused by your inputs, edits, or use contrary to our instructions. Where the Service does not conform, we will use reasonable commercial endeavours to correct the non-conformance or provide an alternative means of performance, and this is your sole and exclusive remedy for breach of this undertaking.

9.7. "As is / as available". Except as expressly stated in clause 9.6, the Service is provided on an "as is" and "as available" basis. We do not warrant that it will be uninterrupted, error-free, meet your requirements, be secure at all times, or that features described as forthcoming will be delivered. We may modify, add or remove features. To the fullest extent permitted by law, we exclude all warranties, representations, conditions and terms not expressly set out in these Terms.

9.8. Networks and internet. We are not responsible for delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, or arising from your network connections or telecommunications links.

9.9. Data loss — sole remedy. We will back up Customer Data in accordance with good industry practice. In the event of loss of or damage to Customer Data, your sole and exclusive remedy is for us to use reasonable commercial endeavours to restore it from our latest available backup. We are not responsible for loss, destruction, alteration or disclosure of Customer Data caused by any third party other than a sub-processor engaged by us for data hosting/backup.

10. Your responsibilities and status as dutyholder

10.1. You remain the dutyholder. Nothing in the Service or these Terms transfers, reduces or discharges any duty you or any other person has under CDM 2015 or any other Health & Safety or legal obligation. Responsibility for Health & Safety on your site and for the adequacy of any documentation you use remains entirely with you and the relevant dutyholders (e.g. Principal Contractor, Principal Designer, contractor, client).

10.2. You are responsible for reviewing, verifying, editing, completing, approving and implementing all Generated Documents and for ensuring they are appropriate to the actual conditions of your project and site, and compliant with applicable law.

10.3. You are responsible for obtaining all rights, consents and lawful bases needed to enter and process in the Service the personal data of your workers, subcontractors, clients and other individuals, and for providing them with any required information. See clause 11 and the Data Processing Agreement.

10.4. You shall comply with all applicable laws and regulations in your use of the Service and maintain all licences, consents and permissions necessary for us to provide the Service.

11. Data protection

11.1. Our processing of personal data for which we determine the purposes and means (e.g. Account, billing, referral and analytics data) is described in our Privacy Policy.

11.2. Where you use the Service to process personal data of individuals (e.g. contacts, site personnel and, where the feature is available, document signatories), you act as the controller and we act as your processor. That processing is governed by our Data Processing Agreement, incorporated into these Terms by reference. You warrant that you have all necessary consents and notices in place to enable lawful processing of that personal data through the Service.

11.3. Deus XAI is established in Poland and provides the Service to businesses operating in the United Kingdom. We process personal data in accordance with applicable data protection law, including the EU General Data Protection Regulation, the Polish Personal Data Protection Act and, to the extent applicable, the UK GDPR.

11.4. Partner services, referrals and leads (optional, with your consent). Where you opt in, we may share your own account and project information — namely your name and contact details, and your project details such as project type, site location, indicative start date and project risk information — with vetted third-party service providers (such as asbestos survey/removal, demolition or face-fit testing providers) and with insurers, so that they can contact you and offer you relevant services or quotes. This is optional, is based on your consent, is intended to benefit you, and does not affect your access to the Service. You can withdraw your consent at any time via your Account or by emailing info@cdmcreator.co.uk (without affecting sharing already carried out). Further details, including the legal basis, are in our Privacy Policy.

11.5. Your data only; your responsibility for others' data. The information shared under clause 11.4 relates to you and your project. This feature is not provided for, and you must not use it to bring about, the sharing of the personal data of any other individual you have entered (such as your workers, subcontractors, site personnel or client). You warrant that the information you make available for sharing is your own or that you are otherwise entitled to share it, and where your site is a residential property you acknowledge that we may limit the location information shared to protect the privacy of any occupant.

12. Third-party services

12.1. The Service relies on or integrates with third-party services (e.g. AI providers, payment processing, hosting, address lookup, company-register verification and, in some plans, construction-software integrations). You use such third-party services and any third-party websites at your own risk. Their use may be subject to their own terms, and we make no representation and have no liability whatsoever in relation to third-party services, websites, content or any transaction you enter into with a third party.

13. Limitation of liability

This clause is central to the allocation of risk. It is drafted to the fullest extent permitted by the governing law (Polish law). Certain limits cannot be excluded — see 13.1.

13.1. Nothing is excluded that cannot be excluded. Nothing in these Terms excludes or limits our liability where and to the extent this would be contrary to mandatory law, including liability for damage caused intentionally (Article 473 § 2 of the Polish Civil Code) and liability for death or personal injury caused by our fault.

13.2. Nature of the Service. You acknowledge that the Service is an automated, AI-based tool that produces editable drafts, that you review, edit and finalise all documents, that you assume sole responsibility for the results, and that the Service does not replace your professional judgement or legal duties. Our fees reflect this allocation of risk.

13.3. Subject to clause 13.1, we shall not be liable, whether in contract, tort (including negligence), for breach of statutory duty, misrepresentation, restitution or otherwise, for:

  • any loss or damage arising from your use of, or reliance on, any Generated Document, including its content, accuracy, completeness, suitability or fitness for any purpose, or any error, omission or defect in it;
  • any loss or damage arising from your failure to review, verify, edit, adapt, complete, approve or implement any Generated Document, or from any inputs, instructions or edits you provide;
  • any fine, penalty or enforcement action imposed on you, the cost of any remedial or additional works, or any liability you owe to a third party (including your workers, subcontractors, clients or any enforcing authority) in connection with health and safety on your site or your projects;
  • loss of profits, revenue, sales, business, agreements or contracts, anticipated savings, goodwill or reputation, whether direct or indirect;
  • loss or corruption of data, except as provided in clause 9.9; or
  • any indirect, special or consequential loss or damage, however arising.

13.4. Cap on liability. Subject to clauses 13.1 and 13.3, our total aggregate liability to you arising out of or in connection with these Terms and the Service, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, in respect of all events arising in any twelve (12) month period, shall not exceed the greater of (a) the total Fees actually paid by you for the Service in the twelve (12) months immediately before the event giving rise to the liability, or (b) one hundred pounds sterling (£100).

13.5. Free trials and free plans. Where the Service, or the relevant part of it, is provided to you free of charge (including any free trial or free plan), our total aggregate liability in connection with that free use shall not exceed one hundred pounds sterling (£100), save to the extent liability cannot be limited under clause 13.1.

13.6. Insurance and allocation of risk. The allocation of risk in this clause 13 is reflected in our Fees. You are responsible for obtaining and maintaining any insurance you consider appropriate for your activities and for your use of the Service.

14. Indemnity

14.1. You shall indemnify and keep indemnified Deus XAI (and our affiliates, and our and their directors, officers, employees and sub-contractors) against all liabilities, losses, damages, costs and expenses (including reasonable legal and professional fees) suffered or incurred by us and arising out of or in connection with: (a) your use of, reliance on, editing, adaptation, adoption, distribution or implementation of any Generated Document; (b) any claim by a third party (including any of your workers, subcontractors, clients, site personnel or any enforcing authority) relating to injury, death, loss, damage or health and safety in connection with your project, site or activities; (c) your breach of these Terms; (d) your breach of any applicable law, including data protection law and your duties as a dutyholder under CDM 2015; and (e) the content, legality, accuracy or quality of your Customer Data or inputs.

14.2. We will notify you of any claim to which clause 14.1 applies and will not settle it without first consulting you; you shall not settle any such claim in a way that imposes any obligation, admission or liability on us without our prior written consent (not to be unreasonably withheld or delayed).

15. Confidentiality

15.1. Each party may receive confidential information of the other in connection with the Service. Each party shall keep the other's confidential information confidential, use it only as necessary to perform its obligations or exercise its rights under these Terms, and not disclose it except to those of its personnel, advisers or sub-contractors who need to know it and are bound by equivalent obligations, or where required by law.

15.2. This clause does not apply to information that is or becomes public other than through a breach of these Terms, that was lawfully known before disclosure, or that is independently developed without use of the other party's confidential information.

16. Events beyond our control

16.1. We shall not be in breach of these Terms, nor liable for any delay in performing or failure to perform, where the delay or failure results from any cause beyond our reasonable control, including internet, hosting or third-party provider failures, power or telecommunications failures, cyber-attacks, epidemics, natural events, strikes, or acts of government or regulators.

17. Changes to the Service and these Terms

17.1. We may develop, change, add to, or remove features of the Service from time to time.

17.2. We may amend these Terms from time to time, for example to reflect changes in the law, the Service or our business. We will post the updated Terms with a revised date and, for material changes, take reasonable steps to notify you (for example by email or an in-Service notice). Changes take effect on the date stated, and your continued use of the Service after that date constitutes acceptance. If you do not accept a change, your remedy is to stop using the Service and cancel in accordance with clause 7.

18. General

18.1. Entire agreement; non-reliance. These Terms, together with the Privacy Policy, Cookie Policy and Data Processing Agreement, constitute the entire agreement between you and us and supersede all prior statements, representations, understandings and agreements. You acknowledge that you have not relied on, and shall have no remedy in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not expressly set out in these Terms, including any marketing, promotional or website statement. Nothing in this clause limits liability for fraud or fraudulent misrepresentation.

18.2. Assignment. You may not assign, transfer, charge or sub-contract any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer or sub-contract our rights and obligations, including to an affiliate or to a successor in connection with a merger, acquisition or reorganisation.

18.3. Sub-contracting. We may perform any of our obligations through affiliates or sub-contractors, and we remain responsible for their performance.

18.4. No partnership or agency. Nothing in these Terms creates any partnership, agency, employment or joint venture between the parties.

18.5. Third parties. Except that the persons entitled to be indemnified under clause 14, and our affiliates and licensors, may rely on and enforce the clauses that benefit them, a person who is not a party to these Terms has no right to enforce any of its terms.

18.6. Waiver. No failure or delay in exercising any right or remedy operates as a waiver of it, nor does any single or partial exercise preclude any further exercise.

18.7. Severance. If any provision of these Terms is or becomes invalid or unenforceable, it shall be modified to the minimum extent necessary to make it valid and enforceable or, if that is not possible, deleted, and the remaining provisions shall continue in full force. Any mandatory provision of applicable law shall apply in place of a conflicting provision to the extent of the conflict.

18.8. Notices. Notices to us must be sent to info@cdmcreator.co.uk. We may give notices to you by email to the address associated with your Account or by posting them within the Service.

19. Governing law and jurisdiction

19.1. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter or their formation, are governed by and construed in accordance with the laws of the Republic of Poland, excluding its conflict-of-law rules.

19.2. The parties irrevocably agree that the courts of the Republic of Poland having jurisdiction over the registered seat of Deus XAI (currently Poznań) shall have exclusive jurisdiction to settle any such dispute or claim, and you irrevocably submit to the exclusive jurisdiction of those courts.

19.3. Mandatory rights. Nothing in these Terms excludes or limits any right or protection you have that cannot be excluded or limited by law. Where, despite clause 4, mandatory law nonetheless treats you as a consumer, you continue to benefit from any provisions of the law of your country of habitual residence that cannot be derogated from by agreement, and nothing in these Terms deprives you of that protection.