Terms and Conditions

The Service is provided by Railed ("Railed", "we", "us", "our"), a company registered in England and Wales.

You can reach us using the contact details published on our website.

• These Terms govern your access to and use of our UK train delay compensation claims service (the “Service”).
• The Service is intended for individual users who are UK train passengers. “Customer”, “you” and “your” refer to you as an individual user of the Service.

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

• The Service monitors your train journeys, identifies eligible delays under the UK Delay Repay scheme, files Delay Repay claims with the relevant train operator on your behalf, and distributes any compensation received to you, less our service fee as described in section 7.
• We may update or modify the Service from time to time (for example, to improve performance, add new features or address security issues). Where a change is material and detrimental, we will take reasonable steps to let you know.

Unless expressly stated in a separate written agreement, we do not guarantee any particular uptime, performance level or feature set, and the Service is provided on an "as is" and "as available" basis (see section 13).

• To use the Service, users must create an account or be invited to join an account by an administrator.
• You are responsible for:
  • ensuring that all registration information is accurate and kept up to date;
  • maintaining the confidentiality of login details; and
  • all activities that occur under your accounts.
• You must promptly notify us using the contact details on our website if you believe your account has been compromised.

We may assume that any action taken through your account is authorised by you.

• The Service is intended for users 18 years and over.
• You must not allow any person under 18 to use the Service.
• You must not use the Service if you are prohibited from doing so under any applicable law.

You must not (and must ensure that your authorised users do not):

1. use the Service in any way that:
   • infringes any applicable law or regulation;
   • infringes the rights (including privacy and intellectual property rights) of any third party; or
   • is fraudulent, misleading, or otherwise harmful;
2. attempt to gain unauthorised access to the Service or related systems;
3. interfere with or disrupt the integrity or performance of the Service;
4. copy, modify, decompile, reverse-engineer, or attempt to derive the source code of the Service, except to the limited extent permitted by mandatory law;
5. use the Service to build a competing product or service; or
6. circumvent or attempt to circumvent any usage limits, security mechanisms or access restrictions.

We can update these acceptable use requirements from time to time by posting an updated version in the Service or on our website.

• There is no upfront fee or subscription charge to use the Service.
• We charge a service fee of 10% of any Delay Repay compensation successfully recovered on your behalf (the “Fee”). This Fee is deducted before compensation is paid to you, so you receive 90% of the compensation amount.
• No Fee is charged if a Delay Repay claim is unsuccessful or if no compensation is recovered.
• Compensation amounts are determined by the relevant train operator under the Delay Repay scheme and may vary by operator, ticket type and length of delay.

• You may close your account and stop using the Service at any time by contacting us using the details published on our website or through your account settings.
• Closing your account will stop us from monitoring future journeys or filing new Delay Repay claims on your behalf.
• Any claims already submitted to train operators before your account is closed will continue to be processed to completion. Any compensation received for those claims will be paid to you (less our service fee) after your account is closed.

We may suspend or terminate your access to the Service (in whole or in part):

• if you breach these Terms or any applicable law;
• if you fail to pay Fees when due;
• if we reasonably believe your use of the Service poses a security, legal or regulatory risk; or
• at any time, for any reason, on written notice (including email) where reasonably practicable.

Upon termination:

• your right to access and use the Service will end; and
• sections that by their nature should survive (including ownership, confidentiality, disclaimers, indemnities and limitations of liability) will continue to apply.

We may, but are not obliged to, provide you with a period to export your data from the Service following termination.

• All intellectual property rights in and to the Service, Platform and underlying technology, including software, documentation, designs, logos and branding, are and will remain owned by Railed or its licensors.
• Subject to your compliance with these Terms and payment of applicable Fees, we grant you a non-exclusive, non-transferable, non-sublicensable licence for the term of your subscription to access and use the Service for your internal business purposes.

You must not remove, obscure or alter any proprietary notices or branding on or in the Service.

11.1 Customer Data

"Customer Data" means all data, content and information (including personal data) that you submit to the Service or that we access or process on your behalf in connection with the Service. This includes, for example:

• your email inbox, accessed to detect train ticket purchases and booking confirmations;
• train ticket and booking details, including journey dates, times, routes, ticket types and fares;
• journey and delay information obtained from rail data sources;
• Delay Repay claim information and correspondence with train operators; and
• compensation amounts received from train operators on your behalf.

You retain all rights, title and interest in and to Customer Data. You grant us a non-exclusive, worldwide licence to host, store, transmit, display and otherwise process Customer Data solely as necessary to provide, maintain, secure and improve the Service and to comply with law.

You are responsible for ensuring that:

• you have all necessary rights, permissions and consents to submit Customer Data to the Service and to allow us to process it as set out in these Terms and our Privacy Policy; and
• Customer Data does not infringe the rights of any third party or applicable law.

11.2 Roles under data protection law

We act as a controller under UK data protection law for all personal data we process in connection with the Service, including your account data and Customer Data. We will:

• process personal data only as described in our Privacy Policy and these Terms, or as required by law;
• implement appropriate technical and organisational measures to protect personal data;
• notify you without undue delay after becoming aware of a personal data breach affecting your data; and
• upon closure of your account, delete or anonymise your personal data in accordance with our Privacy Policy and any applicable legal retention obligations.

More information about how we handle personal data is provided in our Privacy Policy, which forms part of these Terms.

Each party (the "Receiving Party") may have access to confidential information of the other party (the "Disclosing Party") in connection with the Service.

The Receiving Party shall:

• keep the Disclosing Party’s confidential information confidential;
• use it only for the purposes of performing or receiving the Service;
• and not disclose it to any third party except to its employees, contractors or advisors who need to know it and are bound by similar confidentiality obligations, or as required by law.

This section does not apply to information that is or becomes publicly available (through no fault of the Receiving Party), was lawfully known to the Receiving Party before disclosure, or is independently developed.

To the fullest extent permitted by law:

• the Service is provided on an “as is” and “as available” basis;
• we do not warrant that the Service will be uninterrupted, error-free, secure or free from harmful components;
• we disclaim all warranties, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement and satisfactory quality.

You are responsible for determining whether the Service meets your requirements, including any legal or regulatory requirements that apply to your business.

You agree to indemnify and hold harmless Railed and our officers, employees and contractors from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• your use of the Service, except to the extent caused by our breach of these Terms;
• Customer Data, including any allegation that Customer Data infringes a third party’s rights or applicable law; or
• your breach of these Terms.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (for example, liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence).

To the fullest extent permitted by law:

1. we exclude all liability for:
   • loss of profits, revenue or business;
   • loss of anticipated savings;
   • loss or corruption of data (subject to our obligations under data protection law);
   • loss of goodwill;
   • and any indirect, consequential or special loss or damage;
2. our total aggregate liability arising out of or in connection with the Service and these Terms (whether in contract, tort (including negligence), misrepresentation or otherwise) shall not exceed the total Fees paid by you to us for the Service in the 12 months immediately preceding the event giving rise to the claim.

You agree that this allocation of risk is a material basis of the bargain between us and is reflected in the Fees charged.

The Service may connect to or use third-party products or services (for example, train operators, rail data providers, payment processors, email providers or other integrations). We do not control and are not responsible or liable for third-party services, their terms, privacy practices or how they handle your data.

Your use of third-party services is governed solely by your agreements with those third parties.

Our website and Service may also contain links to third-party websites. We do not endorse and are not responsible for their content or practices.

We may update these Terms from time to time, for example to reflect changes to the Service, law or our business. Where we make material changes, we will take reasonable steps to notify you (for example by email or in-Service notice) and will state the effective date at the top of the Terms.

If you continue to use the Service after the updated Terms take effect, you will be deemed to have accepted them. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

• Entire agreement – These Terms (and any order form or other written agreement we explicitly state forms part of them) constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.
• Assignment – You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights or obligations (for example, in connection with a business sale or reorganisation).
• Severance – If any provision of these Terms is held to be invalid or unenforceable, it shall be deemed modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
• No waiver – Failure to exercise a right or enforce a provision is not a waiver of that right or provision.
• Notices – We may provide notices to you by email to the address associated with your account or through the Service. You may send legal notices using the contact details published on our website.