User Licence Agreement
This User Licence Agreement (“Agreement”) is a legal agreement between you (“Client”, “User”, or “You”) and smlbiz Limited, trading as FDPack (“Company”, “We”, “Us”, or “Our”), governing your access to and use of FDPack, our proprietary financial reporting and forecasting web application (“Software”).
1. LICENCE GRANT
Subject to the terms of this Agreement and your continued compliance, smlbiz Limited grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use FDPack solely for your internal business purposes.
2. USER ELIGIBILITY
You must be an authorised representative of a business entity and at least 18 years old to access FDPack. By using FDPack, you represent and warrant that you meet these requirements.
3. RESTRICTIONS
You agree not to:
– Reverse engineer, decompile, or disassemble FDPack;
– Modify, adapt, or create derivative works based on FDPack;
– Rent, lease, lend, sell, sublicence, or distribute FDPack to third parties;
– Use FDPack for any purpose other than your internal business use;
– Interfere with or disrupt the integrity or performance of FDPack or related systems.
4. DATA SYNCHRONIZATION AND INTEGRATIONS
By using FDPack, you authorise us to connect to and synchronize data from the following third-party platforms:
– Xero
– QuickBooks
– Sage
– Promoserve
– P4W
– Microsoft Excel
– Microsoft SharePoint
These integrations support FDPack’s forecasting and reporting capabilities. You represent and warrant that:
– You have all necessary rights and authorisations to permit FDPack to access and use this data;
– The data is accurate, current, and complete;
– Your use of these third-party services complies with their respective terms and licensing agreements.
smlbiz Limited is not liable for errors, omissions, or issues resulting from data obtained through third-party integrations.
5. INTELLECTUAL PROPERTY
All rights, title, and interest in and to FDPack, including but not limited to the software, content, features, and documentation, are and shall remain the exclusive property of smlbiz Limited. This Agreement does not grant you any ownership rights in FDPack.
6. CONFIDENTIALITY
You agree to keep all non-public information accessed through FDPack confidential and not disclose it to third parties without our written consent, unless legally required.
7. DATA SECURITY AND PRIVACY
smlbiz Limited shall process personal data in compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
You acknowledge and agree that FDPack may collect and process data, including personal data, solely for the purposes of providing the services under this Agreement. Our Privacy Policy explains how we collect, store, and use personal data, and forms part of this Agreement.
8. SERVICE AVAILABILITY
We aim to ensure continuous availability of FDPack but cannot guarantee uninterrupted or error-free service. Scheduled maintenance, updates, or outages of third-party platforms may affect availability.
9. FEES AND PAYMENT
Use of FDPack may be subject to subscription or service fees, as outlined in your separate agreement with us. Failure to pay may result in suspension or termination of access.
10. TERM AND TERMINATION
This Agreement remains in effect until terminated by either party. You may terminate it at any time by ceasing use of FDPack. We may suspend or terminate your access if you breach any terms of this Agreement.
Upon termination, your licence to use FDPack ends, and you must stop using the Software immediately.
11. DISCLAIMER OF WARRANTIES
FDPack is provided “as is” and “as available.” smlbiz Limited disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that FDPack will meet your specific requirements or operate without interruption.
12. LIMITATION OF LIABILITY
Nothing in this Agreement shall limit or exclude either party’s liability for:
– death or personal injury resulting from negligence;
– fraud or fraudulent misrepresentation; or
– any other liability that cannot be lawfully excluded or limited under applicable law.
Subject to the foregoing, smlbiz Limited shall not be liable for any indirect, special, or consequential loss or damage, including loss of profits, business interruption, or loss of data.
13. CONSUMER RIGHTS EXCLUSION
This Agreement is made in the course of a business-to-business transaction. You acknowledge that you are entering into this Agreement as a business and not as a consumer, and as such, consumer protection laws do not apply.
14. THIRD PARTY RIGHTS
No person other than the parties to this Agreement shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
15. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.
16. ELECTRONIC ACCEPTANCE
You agree that your acceptance of this Agreement by clicking “I Agree” or by continuing to use FDPack constitutes a valid and legally binding agreement under the Electronic Communications Act 2000.
17. CHANGES TO THIS AGREEMENT
We may update this Agreement from time to time. Material changes will be communicated to you. Continued use of FDPack after changes take effect constitutes your acceptance of the revised terms.
ACKNOWLEDGEMENT
By accessing and using FDPack, you confirm that you have read, understood, and agree to be bound by this Agreement.
