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Terms of Service

Last updated: 10 March 2026

1. About These Terms

These Terms of Service ("Terms") govern your use of the BioGain website and services at biogain.uk ("Service"), operated by Soda Creative Studios Ltd, a company registered in England and Wales ("we", "us", "our").

By using the Service, you agree to these Terms. If you don't agree, please don't use the Service.

2. What BioGain Does

BioGain provides automated biodiversity net gain (BNG) screening reports by querying publicly available UK government data sources. The Service:

  • Queries open data APIs from Natural England, Environment Agency, British Geological Survey, and NBN Atlas
  • Calculates indicative biodiversity unit scores using the Statutory Biodiversity Metric methodology
  • Generates screening-level reports for initial site assessment

3. Important Limitations

BioGain reports are screening-level assessments only. They are not a substitute for:

  • A full ecological survey by a qualified ecologist
  • A formal Statutory Biodiversity Metric assessment
  • Professional ecological advice for planning applications
  • A Phase 1 or Phase 2 habitat survey

Our reports use publicly available data which may be incomplete, outdated, or inaccurate. Data layers including priority habitats, ancient woodland boundaries, SSSI designations, flood zones, species records, soil data, and LIDAR elevation are sourced from third-party government APIs and are provided "as is".

Do not rely solely on a BioGain report for planning decisions. Always consult a qualified ecologist for formal BNG assessments required by the Environment Act 2021.

4. Accounts

You may create an account to save projects and access additional features. You're responsible for keeping your login credentials secure. You must provide accurate information when creating an account.

5. Free and Paid Services

We offer free and paid tiers. Free accounts include limited reports per month. Paid subscriptions are billed monthly or annually as stated at the time of purchase.

  • Subscriptions auto-renew unless cancelled before the renewal date
  • You can cancel anytime from your account settings
  • Refunds are available within 14 days of purchase if you haven't generated a report
  • Report credits included with your subscription are non-refundable once used

6. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose
  • Scrape, crawl, or automatically extract data from the Service
  • Attempt to gain unauthorised access to any part of the Service
  • Resell or redistribute reports without our written permission
  • Misrepresent BioGain screening reports as formal ecological assessments

7. Intellectual Property

The Service, including its design, code, and documentation, is owned by Soda Creative Studios Ltd. Government data displayed in reports remains Crown Copyright or is licensed under the Open Government Licence.

Reports you generate are yours to use for your projects, subject to these Terms.

8. Liability

To the maximum extent permitted by law:

  • The Service is provided "as is" without warranties of any kind
  • We are not liable for any decisions made based on BioGain reports
  • We are not liable for data inaccuracies from third-party government APIs
  • Our total liability is limited to the amount you paid us in the 12 months before the claim

Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by English law.

9. Changes to the Service

We may update the Service, features, pricing, or these Terms at any time. Material changes to Terms will be communicated via email or notice on the website. Continued use after changes constitutes acceptance.

10. Termination

You can close your account at any time. We may suspend or terminate accounts that violate these Terms. On termination, your right to access saved projects and reports ends.

11. Governing Law

These Terms are governed by the laws of England and Wales. Disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Contact

Questions about these Terms? Email us at max@sodastudios.com.

Soda Creative Studios Ltd
England and Wales