RMT Solutions Ltd
LiftPlan Studio — version 1.3, effective 2026-09-13
SHA-256 8014b998be68cb7e457894bb564d53b6e2bd93de95d519a0131d704d2e562b53
This agreement is between RMT Solutions Ltd (company number 08338653), whose registered office is at 6 Carr Green, Lowton, Warrington, England, WA3 1EQ, VAT registration number GB 126050355 ("we", "us", "our"), and the business named on the order ("you", "your").
It governs your use of LiftPlan Studio ("the Software"). By creating an account, signing in, or using the Software, you accept it. If you do not accept it, do not use the Software.
LiftPlan Studio produces drafts. It does not plan lifting operations and it does not approve anything.
Every lift plan it produces must be checked and approved by a competent person — for lifting operations to which BS 7121 applies, the Appointed Person — before it is issued, relied on, or used to carry out a lift. That duty is yours, it is a term of this agreement, and clause 4 sets out what the check has to cover.
A plan that passes the compliance review built into the Software is not thereby correct, compliant or safe. The review checks that a list of points was addressed. It cannot check that what you wrote against them was right.
1.1In this agreement:
"Appointed Person" means the person appointed under BS 7121-1 to plan a lifting operation and to be responsible for that planning.
"Competent" means having the training, knowledge, experience and, where relevant, the certification appropriate to the class and complexity of the lifting operation in question, sufficient to discharge the duties that the Lifting Operations and Lifting Equipment Regulations 1998, the Provision and Use of Work Equipment Regulations 1998 and BS 7121 place on the role.
"Lift Plan" means any document, drawing, calculation, briefing sheet or other output produced by or with the Software.
"Seat" means a single named individual authorised to use the Software under your subscription.
"Subscription Period" means the month or year for which you have paid, as stated on your order.
1.2A reference to a statute or standard is to it as amended, re-enacted or replaced from time to time.
2.1The Software is licensed to businesses only. By entering into this agreement you warrant that you are a company, limited liability partnership, partnership or sole trader, and that you are acquiring the Software wholly in the course of that business.
2.2You warrant that the individual accepting this agreement has authority to bind you.
2.3We do not licence the Software to consumers. If you are not acquiring it in the course of a business, you may not use it, and we may terminate your account under clause 14.
3.1The Software is a tool for preparing lift plan documentation and for performing calculations from data that you and it supply. Everything it produces is a draft.
3.2The Software does not plan lifting operations, select equipment, appoint anybody, supervise anything, or approve any document. Those are the acts of a competent person, and they remain yours.
3.3The Software reproduces manufacturer data — duty charts, dimensions, capacities and ratings — from published sources. We compile that data in good faith and take reasonable care over it, but we do not warrant that it is complete, current or correct for any particular machine. Serial-number variants, modifications, re-ratings, attachments and wear all change what a machine can lift. Before a Lift Plan is issued you must verify against the manufacturer’s own current published data for the actual machine.
3.4Where the Software applies a published method, it does so as a calculation aid. Responsibility for the choice of method, for its applicability to the lift in hand, and for the figures put into it, remains with the competent person.
3.5The compliance review built into the Software checks a Lift Plan against a list of points derived from published standards and guidance. It is an aid to the competent person and never a substitute for one. A Lift Plan that passes it is not thereby correct, compliant or safe: a pass means the listed points were addressed, not that what was written against them was right, current, or true of the site.
3.6The Software is not advice, and we give no advice through it. Where we are separately engaged to write, review or approve a lift plan, that engagement is on its own terms and is not this agreement.
This is the most important clause in this agreement.
4.1You must not issue, rely on, brief, or carry out a lifting operation on the basis of any Lift Plan produced with the Software unless a competent person has first checked it and approved it. For lifting operations to which BS 7121 applies, that person is the Appointed Person for the lifting operation.
4.2The check required by clause 4.1 is a check of substance and not of form. It includes satisfying yourself that:
(a)every weight, dimension, radius, capacity, utilisation, ground bearing pressure, mat size and wind limit stated is correct for the actual load, equipment and site;
(b)the equipment, lifting accessories and configuration described are those that will actually be used, are of adequate rating, and are certified and in date;
(c)the manufacturer data reproduced by the Software matches the manufacturer’s own current published data for the actual machine, including any variant, modification, attachment or re-rating;
(d)the hazards identified, the control measures and the sequence of operations are right for the site as it will be on the day;
(e)every drawing represents the lifting operation as it will actually be carried out; and
(f)the Lift Plan complies with all legislation, standards and client requirements that apply to it.
4.3You must keep a record of who carried out that check and when, sufficient to demonstrate it on request.
4.4We are not the Appointed Person for any lifting operation planned with the Software, and nothing in the Software or in this agreement makes us so. We do not review, approve, certify, countersign or accept responsibility for any Lift Plan you produce. Where the Software records a name against an approval, that record is made by you and is your statement, not ours.
4.5You remain responsible for discharging every duty placed on you by the Lifting Operations and Lifting Equipment Regulations 1998, the Provision and Use of Work Equipment Regulations 1998, the Construction (Design and Management) Regulations 2015, the Management of Health and Safety at Work Regulations 1999, the Health and Safety at Work etc. Act 1974 and any other legislation applying to your lifting operations. Nothing in this agreement transfers any of those duties to us, and nothing in it could.
4.6Breach of this clause 4 is a material breach of this agreement for the purposes of clause 14.
5.1We grant you a non-exclusive, non-transferable licence to use the Software for your own internal business purposes during each Subscription Period for which you have paid, for the number of Seats stated on your order.
5.2A Seat is one named individual. Seats may be reassigned when somebody leaves or changes role; they may not be shared, rotated between people, or used concurrently by more than one person.
5.3You may produce Lift Plans for your own lifting operations and for those of your clients. You may issue those Lift Plans to your clients as your own documents.
5.4You may not:
(a)sub-licence, resell, rent or otherwise make the Software available to anybody else as a service;
(b)copy, decompile, reverse engineer or attempt to derive the source code, except to the extent the law permits and you cannot lawfully be prevented;
(c)extract, scrape or republish the equipment, duty chart or reference data within the Software, or use it to build or train a competing product or dataset; or
(d)remove or obscure any notice, watermark or identifier the Software applies.
5.5During any free trial or beta period, Lift Plans carry a line in the footer identifying the pre-release build that produced them, and you must not remove or obscure it. Such a Lift Plan may be issued and relied on, and clause 4 applies to it exactly as it applies to any other; you remain responsible for satisfying yourself that pre-release software is appropriate for the lifting operation in hand.
6.1You are responsible for keeping account credentials confidential and for everything done under your account.
6.2You must tell us without delay if you believe an account has been compromised or if a Seat holder has left.
6.3We may suspend an account immediately where we reasonably believe it is being used in breach of clause 5, or where suspension is necessary to protect the Software or other customers.
7.1The fees are those stated on your order. Unless stated otherwise they are exclusive of VAT, which is payable in addition at the prevailing rate.
7.2Subscriptions renew automatically at the end of each Subscription Period unless cancelled before it ends. Cancelling takes effect at the end of the period you have paid for; access continues until then.
7.3Fees paid are not refundable in whole or in part, except where the law requires it or where we terminate under clause 14.4.
7.4We may change the fees for a following Subscription Period on not less than 30 days’ written notice. If you do not accept the change you may cancel before the change takes effect.
7.5If a payment fails we may suspend access after giving you a reasonable opportunity to put it right. Suspension does not delete anything.
8.1The Software includes optional drafting assistance which proposes wording for written fields. It is off unless you turn it on, and the Software tells you what it sends.
8.2Where it is on, the text of the field being drafted and the facts of the job — which may include a client’s site details — are sent to a third-party model provider for processing. Do not turn it on for work where that is not acceptable to you or to your client.
8.3No output of a language model is used in, or permitted to affect, any calculation. Every figure in a Lift Plan comes from the calculation engine. The assistance proposes words; it never produces or alters a number.
8.4Drafted wording is a suggestion. You accept it, edit it, or discard it, and clause 4 applies to it as it applies to everything else.
9.1Your Lift Plans, equipment records and settings are held on the device you use them on. We do not hold copies of them, we cannot read them, and we cannot recover them.
9.2It follows that keeping backups is yours to do. Clearing your browser data, losing the device, or using a different device will lose the work held on it. Export anything you need to keep.
9.3We hold only what is needed to run your account: the names and email addresses of Seat holders, subscription and payment status, and technical records of sign-in.
9.4We are not liable for loss of Lift Plans or data held on your devices.
10.1The Software, and all intellectual property in it and in the reference data within it, belongs to us or to our licensors. This agreement grants a licence to use it and transfers nothing.
10.2The Lift Plans you produce are yours. We claim no ownership of them and no licence over them.
10.3Manufacturer names, model designations and published data remain the property of their owners and are used for identification and reference only.
11.1We warrant that we will provide the Software with reasonable skill and care, and that during each Subscription Period it will perform substantially as described in the documentation we publish for it.
11.2Your remedy for breach of clause 11.1 is that we will use reasonable endeavours to correct the fault within a reasonable time or, if we cannot, refund the fees for the affected part of the Subscription Period.
11.3Except as set out in clause 11.1, and subject always to clause 12.1, we do not warrant and expressly exclude any warranty that:
(a)the Software is free from error or interruption;
(b)any output, calculation, drawing or document it produces is correct, complete, compliant or fit for any particular lifting operation;
(c)the reference or manufacturer data within it is complete, current or accurate for any particular machine; or
(d)the Software will meet any requirement of yours, of your client, or of any regulator, that we have not agreed in writing.
11.4All terms implied by statute or common law are excluded to the fullest extent the law permits.
Please read this clause carefully. It allocates risk between us, and the fees have been set on the basis of it.
12.1Nothing in this agreement limits or excludes our liability for:
(a)death or personal injury caused by our negligence;
(b)fraud or fraudulent misrepresentation;
(c)breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d)any other liability that cannot lawfully be limited or excluded.
12.2Subject to clause 12.1, we are not liable to you, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, for:
(a)loss of profit, revenue, business, contracts or anticipated savings;
(b)loss of or damage to goodwill or reputation;
(c)the cost of a lifting operation that is aborted, delayed, repeated or re-planned;
(d)any fine, penalty, enforcement cost or prosecution cost arising from your own breach of a duty owed by you;
(e)loss or corruption of Lift Plans or data, which clause 9 addresses; or
(f)any indirect or consequential loss.
12.3Subject to clause 12.1, our total liability arising out of or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited in aggregate to the fees you paid us under this agreement in the twelve months immediately before the first event giving rise to the claim.
12.4You acknowledge that:
(a)the Software produces drafts, and the decision to issue or rely on any Lift Plan is yours alone;
(b)the duty in clause 4 sits with you, and you are in control of whether it is discharged;
(c)you are better placed than we are to judge the risk of a particular lifting operation, to control it, and to insure against it;
(d)the fees reflect the allocation of risk in this clause and would be materially higher without it; and
(e)in those circumstances the limits in this clause are fair and reasonable.
12.5Each provision of this clause 12 operates separately. If any of them is held to be unenforceable, the remainder continue to apply.
12.6You must bring any claim under this agreement within twelve months of the date you became, or ought reasonably to have become, aware of the matter giving rise to it.
13.1You will indemnify us against all liabilities, losses, damages, costs and expenses (including reasonable legal costs) that we incur arising out of or in connection with:
(a)a Lift Plan that was issued, relied on, briefed or acted on without the check required by clause 4;
(b)any other breach by you of clause 4 or clause 5;
(c)a claim by any third party, including a client of yours, arising from a Lift Plan you produced or a lifting operation you planned, supervised or carried out; or
(d)any statement you made about the Software, or about our involvement in a Lift Plan, that was not accurate.
13.2We will notify you of any claim to which this indemnity applies, will not settle it without your consent (not to be unreasonably withheld), and will give you reasonable assistance in dealing with it at your cost.
13.3This indemnity does not apply to the extent the liability arises from a matter within clause 12.1.
14.1This agreement begins when you first accept it and continues until terminated under this clause.
14.2You may terminate by cancelling your subscription, effective at the end of the Subscription Period you have paid for.
14.3We may terminate immediately by notice if you commit a material breach that is incapable of remedy, or that you do not remedy within 14 days of being asked to. Breach of clause 4 or clause 5 is a material breach.
14.4We may terminate for convenience on 60 days’ notice, refunding the unused part of any Subscription Period you have paid for.
14.5On termination your licence ends and access to the Software stops. Lift Plans already on your devices are unaffected and remain yours; the Software is no longer available to open or edit them.
14.6Clauses 4.4, 4.5, 9, 10, 12, 13, 15, 16 and 19 survive termination.
15.1Neither of us will disclose the other’s confidential information, except to those of our people who need it and who are bound by equivalent obligations, or where the law or a regulator requires disclosure.
15.2We treat the contents of your Lift Plans as confidential. In the ordinary course we cannot see them, because clause 9.1 applies; where you send us one for support, we will use it only to deal with that request.
16.1We are the controller of the account data described in clause 9.3 and will process it in accordance with the UK GDPR and the Data Protection Act 2018, as set out in our privacy notice.
16.2Lift Plans may contain personal data — the names of operators, slingers, supervisors and Appointed Persons. Because that data stays on your devices under clause 9.1, you are its controller and we do not process it.
16.3Where drafting assistance is enabled under clause 8, you are responsible for deciding whether the content you send is appropriate to send, including any personal data within it.
17.1We may change this agreement on not less than 30 days’ written notice, including by email to the account holder.
17.2If a change materially disadvantages you, you may terminate before it takes effect and we will refund the unused part of the Subscription Period.
17.3Continuing to use the Software after a change takes effect is acceptance of it.
18.1This agreement, together with your order and any document it expressly refers to, is the entire agreement between us and replaces anything said or written before it. Neither of us relies on any statement not set out in it, but nothing in this clause limits liability for fraudulent misrepresentation.
18.2You may not assign or transfer this agreement without our written consent. We may assign it to a purchaser of our business or of the Software, on notice to you.
18.3If any provision is held unenforceable, the rest continue in force, and the provision is to be applied with the minimum modification necessary to make it enforceable.
18.4A failure or delay in enforcing a right is not a waiver of it.
18.5Nothing in this agreement creates a partnership, joint venture or employment relationship, and neither of us is the agent of the other.
18.6A person who is not a party has no right to enforce any term of this agreement under the Contracts (Rights of Third Parties) Act 1999.
18.7Neither of us is liable for failure to perform caused by something beyond our reasonable control, but this does not excuse a failure to pay.
18.8Notices to us go to ricky@rmtsolutions.co.uk and to our registered office. Notices to you go to the email address on your account.
19.1This agreement and any dispute arising out of it, including a non-contractual one, is governed by the law of England and Wales.
19.2The courts of England and Wales have exclusive jurisdiction.
Displayed at first sign-in, above the whole agreement, and requiring a positive acceptance. The application records who accepted it, when, from where, and a SHA-256 of the exact wording.
LiftPlan Studio produces drafts.
It does not plan lifting operations and it does not approve anything. Every lift plan it produces must be checked and approved by a competent person — for lifting operations to which BS 7121 applies, the Appointed Person — before it is issued, relied on, or used to carry out a lift.
That check is a check of substance. Every weight, radius, capacity, utilisation, ground bearing pressure and wind limit must be verified against the manufacturer’s own current published data for the actual machine, and the plan must be right for the site as it will be on the day.
Passing the compliance review does not make a plan correct, compliant or safe. It means the listed points were addressed, not that what you wrote against them was right.
RMT Solutions Ltd is not the Appointed Person for any lifting operation planned with this software and does not review, approve or certify any plan produced with it.
I have read and accept the Software Licence Agreement, and I confirm I am accepting it on behalf of a business.