Version 0.2 — 3 November 2026 — not yet reviewed by a solicitor.

Version 0.2, 3 November 2026 · Fossaplan, a service of Dragnex LLC · Support and notices: support@fossaplan.com · Data protection: privacy@fossaplan.com · Takes effect: 3 November 2026

Fossaplan Terms of Service

These terms are a contract between you and us. They apply to businesses only. Read section 6 before you subscribe: it says what Fossaplan is and, more importantly, what it is not.

1. Who we are

1.1 The Service is provided by Dragnex LLC, a limited liability company registered in the United States (Wyoming) with registration number EIN 37-2136997 (Wyoming Secretary of State filing ID 2024-001423059), registered office 30 N Gould St, Ste R, Sheridan, WY 82801, United States. In these terms "we", "us" and "our" mean that company.

1.2 We are not registered for VAT in the United Kingdom; prices are stated exclusive of VAT, and a UK business customer accounts for VAT on the subscription under the reverse charge. The register in which we are entered is the Wyoming Secretary of State business register. We publish our name, our registered office address, our registration details and an e-mail address on our website so that you can contact us quickly and directly.

1.3 We also publish our legal status and form, our general terms, our governing-law and jurisdiction clause, our price and the main features of the Service, so that you have that information before you contract.

1.4 We have no branch, office or other establishment in the United Kingdom. The UK duties in clauses 1.2 and 1.3 are met voluntarily where they do not bind a provider established outside the UK; the solicitor should settle the disclosure block.

1.5 Write to us at support@fossaplan.com for anything about the Service or these terms, and to privacy@fossaplan.com for anything about personal data. Those are the addresses we monitor; we do not offer support by telephone.

1.6 We are not required to hold professional indemnity insurance and we do not publish insurer details. If that changes we will say so here, with the insurer's contact details and the territory covered.

2. Definitions

2.1 Service — the Fossaplan web application, its Rule Set, its document templates and any account we give you access to.

2.2 Account — the sign-in we create for one named individual, identified by an e-mail address and a password.

2.3 Job — one project record you create in the Service: the site details, the levels and percolation readings, your notes, any photographs, any basemap image, the quote and logbook entries, and everything else you enter or upload.

2.4 Output — anything the Service produces from a Job for you to print, save or send: drawing sheets, the design statement, schedules, the quote, the document pack.

2.5 Designer of Record — the competent person who checks an Output, adopts it as their own work and signs the designer block printed on it. That person is you or someone in your business. It is never us.

2.6 Rule Set — the versioned set of formulas, setbacks, limits and default values the Service applies for a nation, identified on every Output by its version (for example england-gbr-2028).

2.7 Third-Party Data — data, imagery or map tiles the Service fetches from someone else's service, listed in section 9.

2.8 Subscription — your paid right to use the Service for a billing period, and its renewals.

3. Business customers only

3.1 We sell the Service to businesses. By subscribing you confirm that you are contracting for purposes relating to your trade, business, craft or profession.

3.2 A sole trader who subscribes for their drainage work is a business customer under these terms, because the test is the purpose of the contract and not whether you trade through a company.

3.3 We do not accept consumer sign-ups. If we find that an Account was opened by an individual acting wholly or mainly outside a business, we may close it and refund the unused part of the current period.

3.4 These terms are not written for consumers. If we ever contracted with a consumer, the Consumer Rights Act 2015 would apply to that contract whatever these terms said — the satisfactory quality, fitness, description and device-damage provisions, and the fairness test for terms and notices. That is why we do not accept consumer sign-ups.

3.5 We may ask for your trading name, company number or VAT number when you sign up, and may record your acceptance of these terms. We do this because the law puts on us the burden of proving that a customer was not a consumer.

4. Your Account

4.1 One Account is for one named individual. Do not share sign-in details. If more people in your business need the Service, open an Account for each of them.

4.2 Keep your password to yourself and tell us at support@fossaplan.com if you think someone else has it. You are responsible for what is done through your Account until you tell us.

4.3 Sign-in is handled by our hosting provider's authentication service. Your password is sent from your browser straight to the authentication service, which hashes it; we never store it, log it or see the hash. Your sign-in session is kept in your browser under the key septicplan.session.v1 and is cleared when you sign out.

4.4 Keep the e-mail address on your Account accurate. It is how we send notices under these terms, and how a password reset reaches you.

4.5 You can close your Account yourself: Account → Delete account deletes the Account, its Jobs and its stored pictures at once. You can also e-mail support@fossaplan.com or privacy@fossaplan.com instead, and we will delete the Account within 30 days of the request, with your Jobs. The Privacy Policy explains what happens to copies on your own devices.

4.6 We may suspend an Account under clause 14.

5. Subscription, payment and what happens when you stop

5.1 The Service is on sale on these terms at £49 + VAT a month, or £490 + VAT a year. Our prices exclude VAT. The subscription page shows the same figures.

5.2 We will take payment through Stripe's hosted checkout page. Your card details go to Stripe and never reach us. Stripe acts as an independent controller of the payment and fraud data it handles; its own privacy policy applies to that, and our Privacy Policy links to it.

5.3 A new Subscription starts with a free trial of 30 days. We will tell you before the trial converts to a paid Subscription.

5.4 A Subscription renews automatically each month or each year, whichever plan you chose, until you cancel.

5.5 You can cancel at any time, from your Account or by e-mailing support@fossaplan.com. Cancellation takes effect at the end of the period you have paid for. We do not refund the unused part of the current period.

5.6 We may change the price. We will give you at least 30 days' notice by e-mail, and the new price applies from your next renewal. You can cancel before that renewal if you do not want to pay it.

5.7 When a Subscription ends, we keep your Jobs for 30 days so that you can take them with you. During that window the subscription page lists your Jobs with two controls for each: Download, which saves the same job file that "Export job file…" in the workspace writes and "Import job file…" reads back; and Download the printed pack, which opens a read-only copy of that Job's drawings and documents, as the workspace would print them, for you to print or save as a PDF from your browser. You cannot open or edit a Job in the workspace during that window.

5.8 After that 30-day window we delete your Jobs within a further 30 days. So your Jobs are gone within 60 days of the end of the Subscription. Export anything you need to keep before then; a Job you have exported is yours and we do not hold a copy of the export.

5.9 If you are the Designer of Record you may have your own reasons, or your own professional obligations, to keep a design record for far longer than we keep it. Do not treat the Service as your archive.

5.10 We each agree that regulations 9(1), 9(2) and 11(1) of the Electronic Commerce (EC Directive) Regulations 2002 do not apply to a contract under these terms. That opt-out is available because you are not a consumer.

5.11 Regulation 9(3) is not part of that opt-out, so we will always present these terms in a form you can store and reproduce, and we will send an order confirmation when you subscribe.

6. What the Service is, and what it is not

6.1 Every sheet the Service prints carries this statement, and it is a term of this contract:

"Produced from user-entered data. All dimensions to be verified on site. This document is a drafting aid, not a professional design; it must be checked and adopted by a competent person before submission to Building Control or construction. No claim of Building Regulations, Environment Agency, or other approval is made."

6.2 The Service is a drafting aid. It draws, calculates and assembles documents from what you enter. It does not design your site and it does not exercise professional judgement.

6.3 You are the Designer of Record for every Output you use. You must check each Output against the site, the survey data and the current guidance, and adopt it as your own work before it goes to a client, to a building control body, to a regulator or to a builder. Your name goes in the designer block; ours does not.

6.4 Every value in a Rule Set is a default. You may edit any of them, and you are responsible for the values used in your Job. Each Output prints the Rule Set version and the values it used, so that the record shows what was applied.

6.5 Defaults are drawn from published guidance. The statutory guidance for Part H of Schedule 1 to the Building Regulations 2010 says of itself that there is no obligation to adopt any particular solution it contains if you prefer to meet the requirement another way. That is why our limits are editable and why we do not present them as the only route.

6.6 Lookups against open data — flood zones, source protection zones, ground conditions, designated sites, aquifer designation, geology, postcode centroids — are indicative. They return what the publisher's service returned on the date shown on the sheet. They are not a survey and they are not the regulator's view of your site. Check them against the publisher's own service and the regulator's own position before you rely on them.

6.7 We make no statement that any design, any discharge or any document produced with the Service is accepted by any regulator, by any building control body or by any other authority. Only that body can decide whether a requirement is met.

6.8 Guidance, general binding rules, permit conditions and Rule Sets change. It is your responsibility to check an Output against the guidance in force on the day you use it, not on the day the Rule Set was written.

6.9 The person responsible to the environmental regulator for a discharge is its operator — the person who has control over the operation of the system, normally the property owner or occupier. That is your client, or you if you operate the system. It is never us.

6.10 Duties under the Building Regulations 2010 fall on the client, the designer and the contractor for the project. Where you carry out design work you carry those duties, including the duty to take all reasonable steps to ensure that work built to your design would meet all relevant requirements. Using the Service does not transfer any of those duties to us.

6.11 Do not use the Service for work you are not competent to sign.

7. Acceptable use

7.1 Use the Service for your own drainage work and your clients' projects. Do not resell it, sub-licence it or provide it as a service to others.

7.2 Do not copy, extract or republish the Rule Set, the templates or the sheet furniture, and do not build a competing product from them.

7.3 Do not scrape the Service, run automated bulk requests against it, or use it in a way that puts load on the third-party services in section 9 beyond ordinary use.

7.4 Do not remove or obscure the disclaimer, the designer block, the Rule Set version, the data-source block or any third-party attribution printed on an Output. Those attributions are conditions of the licences that let us show that data at all, and removing one can end the licence.

7.5 Do not upload anything unlawful, and do not upload personal data you have no proper basis to hold. Take care with photographs: think before you upload one that shows a person, a vehicle registration or a neighbour's property.

7.6 Do not attempt to reach other users' data, probe the Service for weaknesses without our written agreement, or interfere with its operation.

8. Intellectual property

8.1 You own your Jobs and your Outputs. Nothing in these terms takes ownership of your work. To put the point beyond argument, we assign to you any right we might otherwise have in an Output you generate, subject to clause 8.3.

8.2 You may give an Output to your client, to a building control body, to a regulator, to a contractor and to anyone else who needs it for the project, and they may keep and copy it for that project.

8.3 We own the Service, the software, the Rule Set, the templates and the sheet furniture, together with any database right in them. You get a licence to use them through the Service while your Subscription runs, and to keep and use the Outputs you have already produced. You get no other rights.

8.4 Third-party attributions printed on an Output must stay on it, in every copy you pass on. See clause 7.4 and section 9.

8.5 You give us permission to store and process your Jobs so that we can provide the Service. We do not use your Jobs to develop the Rule Set or for any other purpose.

9. Third-party data and services

9.1 The Service can fetch data from other people's services. Each lookup is optional and each is triggered by you. What leaves your device is a postcode or a grid reference — never the drawing, never your client's name. The service you call also sees the internet address your request comes from.

9.2 Terms we must pass on to you. Ordnance Survey and Esri each require us to bind you, by these terms, to the relevant parts of their own terms. You therefore agree: (a) to comply with the applicable terms and conditions of the ArcGIS Location Platform Agreement in your use of the aerial imagery, and not to scrape, download, extract, cache or redistribute that imagery; (b) to comply with the relevant parts of the Ordnance Survey API Service Terms in your use of Ordnance Survey data, and not to use that data to develop your own commercial application or service. We will give you the current version of either on request at support@fossaplan.com. Ordnance Survey and Esri may each enforce this clause directly against you under the Contracts (Rights of Third Parties) Act 1999.

9.3 Ordnance Survey basemap. Ordnance Survey splits its map tiles into open data and premium data by zoom level. Printing premium tiles for a planning application is not permitted under the Ordnance Survey API service terms unless the person printing is party to an Ordnance Survey licence that allows it. The Service captures, stores and prints Ordnance Survey tiles at zoom 13, which Ordnance Survey classes as premium data. We hold no Ordnance Survey licence that permits those prints. Before you submit an Output that shows the basemap for a planning application, you must hold your own Ordnance Survey licence that permits the print. We will not tell you that a print is permitted when it is not.

9.4 Ordnance Survey attribution. Every sheet that shows Ordnance Survey data carries, in its title block, the copyright statement Ordnance Survey requires. Ordnance Survey also requires its logo and a prominent link to its Errors and Omissions Tool on anything showing its data; we are adding both to the title block beside that statement. Until a sheet you print shows them, add them yourself before you submit it. Nothing of the three may be removed from any copy.

9.5 Esri aerial imagery. Esri imagery is a tracing aid shown on screen. The Service never stores it in a Job and never prints it. Trace from it if you find it useful; the traced geometry is yours.

9.6 Northern Ireland postcodes. Postcode data for postcodes beginning "BT" is licensed differently from the rest of the UK: the publisher states that commercial use requires a licence from Northern Ireland Land and Property Services. Until that licence question is settled, treat a grid reference derived from a BT postcode as unverified and enter the Irish Grid reference yourself from the source the sheet names.

9.7 Northern Ireland mapping. The Service performs no map lookup for Northern Ireland. Where a sheet tells you to read a grid reference from the Spatial NI portal, read the coordinate only. Do not copy, screenshot or trace that mapping into an Output: its terms permit personal, non-commercial use only, and name planning-application use as prohibited.

9.8 Nation coverage is not equal. Several layers exist for England only, some for Wales or Scotland only, and Northern Ireland has none. Each Output prints which sources were used and which nation's Rule Set was applied. Do not assume a check ran because it exists for another nation.

9.9 We do not promise that any third-party service will be available, accurate or unchanged. They are outside our control, they may be withdrawn, and their publishers licence their data with no warranty of accuracy. If one is unavailable, the Service will say so rather than invent an answer.

9.10 We do not promise uninterrupted availability of the Service itself. We will take reasonable care to keep it running and to give notice of planned work.

10. What we promise

10.1 We will provide the Service with reasonable care and skill. That is the term the Supply of Goods and Services Act 1982 implies into a business contract for a service, and we do not exclude or vary it.

10.2 That promise is about the tool: that the Service performs the calculations it says it performs, applies the Rule Set version it names, and produces the documents it describes. It is not a promise about your site, your survey data, your choice of values, or whether any authority will accept an Output. Section 6 governs that.

10.3 We give no other warranty, condition or term about the Service, except those the law puts in and does not let us exclude.

10.4 Third-party data comes to you as the publisher licences it, with no warranty of accuracy from the publisher. We cannot pass on a warranty we do not have.

11. Liability

11.1 Nothing in these terms limits or excludes our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation, or for anything else the law does not allow us to limit.

11.2 Subject to clause 11.1, our total liability to you, whether in contract, in tort (including negligence), for breach of statutory duty or otherwise, arising out of or in connection with these terms, is limited to the total fees you paid us in the 12 months before the event giving rise to the claim.

11.3 Subject to clause 11.1, we are not liable for loss of profit, loss of business, loss of contracts, loss of anticipated savings, loss of goodwill, or for any indirect or consequential loss.

11.4 Subject to clause 11.1, we are not liable for loss arising from an Output that was used without being checked and adopted by a competent person, from a Rule Set value you edited, from data you entered incorrectly, or from reliance on an open-data lookup without checking it at source. Sections 6 and 10 explain why.

11.5 You keep your Jobs on your own device as you work, and you can export them. Keep your own copies of anything you need. Subject to clause 11.1, our liability for lost or corrupted data is limited as in clause 11.2.

11.6 Your professional indemnity insurance is yours, and covers your design work. Ours, if we ever hold any, covers ours. Neither answers for the other.

11.7 We think these limits are fair between businesses of our respective sizes. We have set them out plainly, in a numbered section, before you subscribe, so that you can weigh them. If you would prefer a higher cap, ask us before you subscribe and we will quote for one.

12. Data protection

12.1 For your Account — your e-mail address, your sign-in and our records of your Subscription — we are the controller. Our Privacy Policy explains what we do with it.

12.2 For the content of your Jobs — your client's name and address, the property, photographs, logbook entries naming engineers, and anything else about a person that you put in — you are the controller and we are your processor. We process it on your documented instructions, which are these terms and your use of the Service.

12.3 Our processing terms are in the Data Processing Addendum, which forms part of this contract. It sets out the subject matter and duration of the processing, the security measures, our sub-processors and how we tell you about changes to them, how we help you with individuals' requests, our breach-notification window, and what happens to the data at the end.

12.4 If we and you disagree about how personal data must be handled, the Data Processing Addendum prevails over these terms on that subject.

12.5 You must have your own lawful basis for the personal data you put into a Job, and you — not us — must give the information notice to your own clients and to anyone else named in a Job. We have no relationship with them.

12.6 We do not sell personal data, do not use your Jobs for advertising, and put no advertising technology and no third-party analytics in the Service. The Service can send technical fault reports and anonymous usage counts to our own database; neither holds your Jobs, your name or your e-mail address, and the Privacy Policy, clause 3.7, says exactly what each holds. If that changes we will update the Privacy Policy first.

13. Confidentiality

13.1 Each of us may learn things about the other that are not public. Neither of us will disclose the other's confidential information except to people who need it to perform this contract and who are under a duty of confidence, or where the law requires disclosure.

13.2 Your Jobs are your confidential information. We treat them as such.

13.3 This section does not stop us naming you as a customer if you agree in writing.

14. Suspension and termination

14.1 We may suspend your Account if you break section 7, if payment fails, or if we need to protect the Service or other users. Where we can, we will tell you first, and always as soon as we reasonably can.

14.2 We will lift a suspension as soon as the reason for it is resolved. A suspension does not by itself end the Subscription or stop the fees.

14.3 Either of us may end this contract on notice: you by cancelling under clause 5.5, us on 30 days' notice by e-mail. We may end it immediately if you break these terms in a way that cannot be put right, or do not put right a breach within 14 days of being asked.

14.4 When the contract ends, clauses 5.7 to 5.9 govern your Jobs, and clause 7.4 and sections 8, 9, 11, 12, 13, 17 and 18 continue to apply.

14.5 If we end the contract for a reason that is not your breach, we will refund the unused part of the period you have paid for.

15. Changes to these terms and to the Service

15.1 We may change these terms. We will give you at least 30 days' notice by e-mail to the address on your Account, and tell you what has changed. If you do not accept the change, cancel before it takes effect; carrying on using the Service after that date means you accept it.

15.2 We may change the Service and the Rule Sets. We will do so for a stated reason: because guidance, general binding rules, permit conditions or the law changed; because a data source changed or was withdrawn; because a defect needs fixing; or to improve the Service. We will not use this clause to take away a material part of what you subscribed for without notice under clause 15.1 and a right to cancel.

15.3 When a Rule Set changes, existing Jobs keep the Rule Set version they were drawn with until you choose to update them, and every Output prints the version used.

15.4 If we withdraw a nation's Rule Set or a data source entirely, we will tell you at least 30 days beforehand and you may cancel with a refund of the unused part of the period.

15.5 Each version of these terms carries a version number and a date at the top. When you create an Account you accept the version in force that day; when we publish a new version we will ask you to accept it before you carry on.

16. Complaints

16.1 If something goes wrong, e-mail support@fossaplan.com. We will respond as quickly as we can and do our best to find a satisfactory solution. That is a statutory duty on us as a service provider, not just a policy.

16.2 If your complaint is about personal data, you can complain to us under section 164A of the Data Protection Act 2018. Write to privacy@fossaplan.com. We will acknowledge your complaint within 30 days, look into it, keep you posted and tell you the outcome.

16.3 You can also complain to the Information Commissioner's Office at any time. Its contact details are at ico.org.uk. Complaining to us first does not take away that right.

17. General

17.1 These terms, the Data Processing Addendum, the Privacy Policy and our order confirmation are the whole agreement between us about the Service, and replace anything said before. Neither of us relies on any statement not written in them. This clause does not limit liability for fraud.

17.2 You may not transfer your rights under this contract without our written agreement. We may transfer ours to a company that takes over the Service, and will tell you if we do.

17.3 Notices to us go to support@fossaplan.com. Notices to you go to the e-mail address on your Account. A notice sent by e-mail is treated as given on the next working day.

17.4 If a clause turns out to be unenforceable, the rest of these terms carries on, and that clause applies to the extent it can.

17.5 A person who is not a party to this contract has no right to enforce any of it, except clause 9.2, which Ordnance Survey and Esri may each enforce against you under the Contracts (Rights of Third Parties) Act 1999 because their own terms require us to give them that right. No other person may enforce any term, and you and we may vary or rescind any part of this contract without their consent.

17.6 If we do not enforce a term straight away, we do not lose the right to enforce it later.

17.7 Neither of us is liable for a failure caused by something outside our reasonable control, but this does not excuse late payment.

18. Governing law and courts

18.1 This contract and any dispute arising out of it, including a non-contractual one, are governed by the law of England and Wales.

18.2 The courts of England and Wales have exclusive jurisdiction.