Accyio IP Limited - Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the Accyio software and services (collectively, the "Services"), provided by Accyio IP Limited ("Accyio", "we", "us", or "our"), a company registered in England and Wales with company registration number 14972915 and having its registered office at 167-169, Great Portland Street, 5th Floor, London, W1W 5PF. By accessing or using the Services, you ("User" or "You") agree to be bound by these Terms. When we use the term You, we mean you personally and any entity you represent in your use of the Accyio services.

2. Use of Services

  1. Permitted Use: You may use the Services for lawful business purposes in accordance with these Terms. The software is not for use in a personal capacity, it is only available to business users.
  2. Prohibited Use: You may not:
    1. Use the Services in a Personal, non-business capacity.
    2. Use the Services for any illegal or unauthorized purpose.
    3. Use the Services to transmit any viruses, worms, malware, or other harmful code.
    4. Interfere with or disrupt the integrity or performance of the Services.
    5. Attempt to gain unauthorized access to the Services or any related systems or networks.
    6. Use the Services to collect or store any personally identifiable information without obtaining proper consent.
    7. Use the Services in any way that could harm the reputation of Accyio.

3. Account Registration and Security

  1. Account Authority: When you create a business in the Accyio service, you represent that you have the authority of the business to do so. If we have reasonable cause to believe you do not have such authority, we may suspend or terminate your account.
  2. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your devices.

4. Service Description

  1. Scope of Services: The Services consist of invoicing and accounting software and services.
  2. Features: Accyio may add or remove features or functionalities to the Services from time to time. Accyio may provide notice of such updates, but is not obligated to do so.

5. Service Availability and Maintenance

  1. Service Uptime: Accyio will use commercially reasonable efforts to maintain the availability of the Services. However, Accyio does not guarantee uninterrupted or error-free service.
  2. Maintenance: Accyio may perform scheduled maintenance on the Services, which may result in temporary service interruptions. Accyio will endeavor to provide reasonable notice of any planned maintenance.

6. Intellectual Property

  1. Ownership: Accyio retains all rights, title, and interest in and to the Services, including all software, technology, and intellectual property rights therein.
  2. Customer Rights: Accyio grants you a limited, non-exclusive, non-transferable right to use the Services in accordance with these Terms.
  3. Trademarks: Accyio is the trademark of Accyio IP Limited. You may not use any of Accyio's trademarks without prior written consent.

7. Disclaimer of Warranties

The services are provided "as is" and "as available" without warranty of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Accyio does not warrant that the services will be uninterrupted, error-free, or secure, or that any defects will be corrected.

8. Limitation of Liability

  1. Exclusion of Indirect Damages: Under no circumstances will Accyio IP Limited be liable for any indirect, special, or consequential loss or damage. This exclusion applies irrespective of whether such loss or damage was foreseeable or if Accyio IP Limited was advised of the possibility of such loss or damage.
  2. Exclusion of Specific Losses: Accyio IP Limited will not be liable for any of the following losses or damages, howsoever caused and even if foreseeable:
    1. Loss of profits.
    2. Loss of revenue
    3. Loss of business or contracts
    4. Loss of anticipated savings
    5. Loss of goodwill
    6. Loss of data or corruption of data
    7. Tax liabilities or compliance costs
  3. Limitation of Liability for Direct Losses: Subject to the other provisions of this Clause 8, Accyio IP Limited's total aggregate liability to you for any direct loss or damage arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total amount of fees paid by you to Accyio IP Limited in the 12 months immediately preceding the event giving rise to the liability.
  4. No Liability for Use of Services: Accyio IP Limited shall not be liable for any loss or damage arising out of, or in connection with, your use of, or inability to use, the Services, unless such loss or damage is a direct result of Accyio IP Limited’s gross negligence or willful misconduct.
  5. Applicability: The exclusions and limitations of liability set out in this Clause 8 shall apply to the fullest extent permitted by applicable law.
  6. Exceptions: Nothing in these Terms shall exclude or limit Accyio IP Limited’s liability for:
    1. Death or personal injury caused by its negligence;
    2. Fraud or fraudulent misrepresentation; or
    3. Any other liability that cannot be excluded or limited under applicable law

9. Indemnification

You agree to indemnify and hold harmless Accyio and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including legal fees) arising out of or related to your use of the Services, your violation of these Terms, or your infringement of any third-party rights.

10. Data Protection

  1. Data Processing: Accyio may process personal data relating to you in accordance with its Privacy Policy which is incorporated into these Terms by reference.
  2. Customer Data: If you use the Services to process personal data of your own customers ("Customer Data"), you are responsible for ensuring that such processing complies with all applicable data protection laws, including the UK General Data Protection Regulation (GDPR).
  3. Data Processing Agreement: If you use the Services to process customer data, the Data Processing Agreement forms part of these Terms and Conditions.

11. Service Level Agreement (SLA)

  1. Service Availability: Accyio will use commercially reasonable efforts to ensure that the Services are available 99% of the time during any calendar month.
  2. Response Times: Accyio will respond to support requests within 24 hours during business hours.
  3. Data Recovery: Accyio will maintain backups of Customer Data and will use commercially reasonable efforts to restore lost or corrupted data.

12. Termination

  1. Termination by You: You may terminate your account at any time by providing Accyio with 30 days' written notice.
  2. Termination by Accyio: Accyio may terminate your account at any time with 30 days' written notice for any reason, including but not limited to:
    1. Material breach of these Terms by you.
    2. Non-payment of subscription fees.
  3. Immediate Termination: Accyio may terminate your account immediately without notice if:
    1. you engage in any activity that violates these Terms, including but not limited to, unauthorized use of the Services or security breaches.
  4. Consequences of Termination: Upon termination of your account:
    1. You will no longer have access to the Services.
    2. You are responsible for all fees accrued up to the date of termination.
    3. Accyio may, at its option, archive your data for a period of time.

13. Dispute Resolution

  1. Negotiation: The parties shall attempt to resolve any dispute arising out of or relating to these Terms through good faith negotiation.
  2. Mediation: If the parties are unable to resolve the dispute through negotiation, they shall endeavor to resolve the dispute through mediation.
  3. Arbitration: If mediation is unsuccessful, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the London Court of International Arbitration. The arbitration shall be conducted in England and the language of arbitration shall be English.
  4. Court of Law: If arbitration is not permitted or enforceable, the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

15. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

16. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

17. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by email, or post. You must at all times ensure the email address recorded against your account is current.

18. Changes to Terms

Accyio may update these Terms from time to time. You will be notified of any material changes to these Terms. Your continued use of the Services after the effective date of any such changes constitutes your acceptance of the revised Terms.

19. Contact

If you have any questions regarding these Terms, please contact us at:
  • Email: info@accyio.com