1. Who we are and what these Terms cover
These Software Terms of Use (“Terms”) govern access to and use of the Vulcan software platform and related services (the “Software”) provided by Home Energy Foundry Limited (company number 14972259) trading as “Vulcan”, registered at 85 Great Portland Street, London, W1W 7LT (“Vulcan”, “we”, “us”).
By creating an account, purchasing a subscription, assigning seats, or using the Software, you agree to these Terms.
2. Key definitions
Customer means either (a) an individual purchasing a subscription, or (b) a legal entity purchasing one or more Seats for its personnel.
Account Admin means the person who completes checkout and/or administers the Customer’s account and Seat assignments. The Account Admin warrants they have authority to bind the Customer.
User means a named natural person allocated a Seat.
Seat means access to the Software for one named User.
Software-only Seat means a Seat that does not include Scheme Membership and does not permit access to Regulated Functionality.
Member Seat means a Seat that includes Software access plus eligibility to apply for Scheme Membership (and access to Regulated Functionality only once the User is accepted as a Member and remains in good standing).
Member means a named natural person accepted into the Vulcan Scheme under the Scheme Rules and remaining compliant with them.
Scheme Rules means Vulcan’s scheme operating documents, including Membership Requirements, Code of Conduct, Training & Qualification, Quality Assurance, Data Sharing Policy, Disciplinary Procedure and related documents, as updated from time to time, with partial public versions available at
https://www.usevulcan.app/docsand full versions available to Members.Regulated Functionality means functionality relating to Building Regulations Part L / Future Homes Standard and other regulated outputs requiring OCDEA scheme membership, including (where offered) BREL report production and EPC / register lodgement workflows.
Order means the subscription plan, Seat quantities, term, renewal, fees and any special conditions presented at checkout (or in an online order form) and accepted by the Customer.
3. Relationship to any signed agreement
If the Customer has also signed a separate Agreement with Vulcan (a “Signed Agreement”), then the Signed Agreement prevails to the extent of any inconsistency.
4. What we provide
Subject to payment and compliance with these Terms, Vulcan will provide:
access to the Software for the number and type of Seats purchased in the applicable Order;
support and documentation as described in the Order and as made available by Vulcan from time to time; and
where Member Seats are purchased, access to the Scheme application workflow and Scheme documentation for accepted Members.
Vulcan may develop, maintain and update the Software from time to time, provided that updates do not materially degrade core functionality during any committed term explicitly stated in an Order.
5. Regulated vs non-regulated use
Software-only Seats. Software-only Seats may be used for non-regulated modelling and any non-regulated “dry run” workflows Vulcan makes available from time to time. Software-only Seats must not access Regulated Functionality.
Member Seats and Regulated Functionality. Regulated Functionality may only be used by Users who:
hold an active Member Seat;
have been accepted as a Member;
remain in good standing under the Scheme Rules; and
use the Software in accordance with the Scheme Rules.
No guarantee of regulatory outcomes. The Software is a decision-support tool. Vulcan does not guarantee that any particular design will pass Future Homes Standard or any other regulatory standard. Professional judgement, evidence collection, and compliance remain the responsibility of the Customer and relevant Users.
6. Account Admin authority and Customer responsibility
Authority. If you use the Software on behalf of an organisation, you represent and warrant you have authority to bind that organisation, and “Customer” refers to that organisation.
Responsibility. The Customer is responsible for:
all activity on the Customer account (including by Users);
ensuring Users keep credentials secure;
ensuring Users use the Software only for lawful purposes; and
ensuring Users do not attempt to circumvent technical or licence restrictions.
7. Seats, named users, and restrictions
Named user only. Each Seat is for one named User. Login credentials must not be shared.
Seat assignment and reassignment. The Account Admin may assign Seats to Users and may reassign a Seat, provided:
the prior User stops using the Software; and
reassignment is not used to circumvent pricing, compliance controls, Scheme Rules, or regulatory requirements.
Vulcan may restrict reassignment frequency and may require verification for Member Seats.
Monitoring and audit. Vulcan may monitor usage and audit Seat allocations to verify compliance with these Terms and the applicable Order.
8. Scheme Membership (Member Seats)
Membership is not automatic. Purchasing a Member Seat does not automatically grant Scheme Membership. Scheme Membership requires the User to satisfy the Membership Requirements and be accepted under the Scheme Rules.
Evidence and checks. Vulcan may request and retain evidence required under the Scheme Rules (including identity, qualification, insurance, and prior membership checks). Vulcan may reject or defer an application where requirements are not met or information is incomplete or unclear.
Ongoing obligations. Members must comply with the Scheme Rules at all times, including CPD, evidence/record-keeping, and required insurance.
Multiple scheme membership and information sharing. In line with the Scheme Rules and applicable law, Vulcan may share information on Membership status and disciplinary actions with MHCLG and other schemes and may receive equivalent information in return.
9. Fees, payment, VAT, and price changes
Fees and billing. Fees are as stated in the Order and payable in advance. Unless explicitly stated otherwise in the Order, subscriptions renew automatically per the renewal cycle shown at checkout.
VAT. Fees are exclusive of VAT unless stated otherwise. VAT will be charged where applicable. The Customer is responsible for providing accurate billing details (including VAT number where relevant).
Late payment. If undisputed sums remain unpaid for 30 days after the due date, Vulcan may suspend access after notice until payment is brought up to date.
Interest. Vulcan may charge interest on overdue undisputed amounts at 4% per annum above the Bank of England base rate, accruing daily until paid.
Price changes. Vulcan may change standard prices for future renewal periods by giving at least 30 days’ notice. Price changes do not apply mid-billing period and do not affect any committed term explicitly stated in the Order.
10. Service availability and fee waiver for extended outage
The Software may have errors or be unavailable from time to time. In the event that the core Software is completely unavailable to all Seats (other than for planned maintenance or reasons outside Vulcan’s reasonable control) for more than 10 consecutive business days, Vulcan will waive the recurring per-Seat fees for the affected period of unavailability.
11. Support, documentation, and training
Vulcan may provide documentation, support channels, and training materials as described in the Order and/or as made available from time to time. Unless expressly stated in the Order, support is provided on a reasonable-efforts basis and does not include guaranteed response times or service levels.
12. Marketing references and testimonials
Vulcan may refer to the Customer as a user of the Software in marketing materials and may publish testimonials voluntarily provided by the Customer or its Users, provided that:
Vulcan does not disclose personal data or the Customer’s confidential information; and
the Customer may request reasonable corrections or withdrawal of named endorsements going forward, and Vulcan will comply within a reasonable period.
13. Confidentiality
Each party will keep confidential and not disclose to any third party any confidential information of the other party, including technical datasets, product designs, contractual terms and business strategies, except:
to its professional advisers under a duty of confidence;
as required by law, regulation or court order; or
as otherwise permitted under these Terms or the Scheme Rules.
This obligation survives termination. A material breach of confidentiality is grounds for termination.
14. Intellectual property and Customer Data
Customer Data. As between the parties, the Customer owns rights in data and content input into the Software by or on behalf of the Customer or its Users (“Customer Data”), subject to any rights of third parties (including rights of the Secretary of State or other public bodies in respect of regulated lodgement data, where applicable).
Vulcan IP. Vulcan retains all intellectual property rights in the Software, datasets, documentation, and Scheme Rules. The Customer and Users receive only the limited right to access and use the Software during an active subscription and in accordance with these Terms.
Restrictions. The Customer and Users must not copy, distribute, reverse engineer, or create derivative works from the Software or documentation except as permitted by law. Sharing Vulcan materials outside the Customer’s organisation requires Vulcan’s prior written consent.
15. Data protection
Each party will comply with applicable data protection laws (including UK GDPR and the Data Protection Act 2018). For most processing of assessment and client data, the Customer and/or relevant Users act as controller, and Vulcan acts as an independent controller or processor as described in Vulcan’s Data Sharing Policy. Where Vulcan acts as a processor, the parties will enter into any additional processing terms reasonably required to comply with applicable law.
16. Liability
Non-excludable liabilities. Vulcan does not exclude liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
Excluded losses. Subject to this section, Vulcan is not liable for:
loss of profits, revenue, business or goodwill;
loss of anticipated savings; or
any indirect or consequential loss.
Liability cap. Subject to this section, Vulcan’s total aggregate liability to the Customer for all claims arising out of or in connection with the Software or these Terms (whether in contract, tort, negligence or otherwise) is limited to an amount equal to the fees paid by the Customer to Vulcan in the 12 months preceding the event giving rise to the claim.
Insurance. Customers using the Software for professional services and all Members must maintain Professional Indemnity insurance as required by the Scheme Rules. Vulcan is not liable for losses that ought reasonably to be covered by such insurance.
17. Suspension, termination, and refunds
Suspension. Vulcan may suspend access to the Software (in whole or part) where:
fees are seriously overdue;
suspension is necessary for security or legal compliance; or
required by the Scheme Rules (including where Member insurance, fitness or probity are in question).
Termination for cause. Either party may terminate these Terms immediately by written notice if:
the other party commits a material breach not remedied within 30 days of written notice;
the core Software is unavailable (other than for planned maintenance or reasons outside Vulcan’s reasonable control) for more than 10 consecutive business days; or
the other party becomes insolvent, enters administration or liquidation, or undergoes a material change of control giving rise to a conflict of interest.
Effect of termination. On termination:
all accrued fees become payable;
Seats and Software access cease; and
where applicable, Scheme Membership may be suspended or marked inactive in line with the Scheme Rules.
Export. The Customer may export Customer Data for 30 days after termination takes effect, in formats Vulcan reasonably makes available.
Refunds. Fees are non-refundable for unused subscription periods unless required by law or expressly stated in the Order.
18. Fraud and regulatory reporting
Where Vulcan reasonably suspects fraud or is required to meet its obligations as an accredited scheme, Vulcan may report relevant information to MHCLG and/or competent authorities in accordance with the Scheme Rules and applicable law.
19. Changes to these Terms and the Scheme Rules
Vulcan may update these Terms and the Scheme Rules from time to time. Material changes affecting the Customer’s rights or obligations will be notified in advance. Vulcan will not make changes that materially reduce the core functionality of the Software purchased under any committed term explicitly stated in an Order. Changes to core commercial terms within a committed term require the Customer’s agreement (e.g., via an updated Order).
20. Dispute resolution, law, and jurisdiction
The parties will first attempt in good faith to resolve disputes through negotiation between senior representatives. If unresolved within 30 days, either party may propose mediation under a mutually agreed mediator before starting court proceedings (save for urgent relief). These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.