Terms of Service

Last updated: December 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Cushty Ltd ("Cushty," "we," "us," or "our") regarding your use of our business management software and related services.

By accessing or using Cushty, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Description of Service

Cushty provides cloud-based business management software designed to help small and medium businesses streamline their operations, including:

• Job and project management
• Client relationship management
• Invoicing and payment processing
• Scheduling and calendar management
• Document and certificate generation
• Business analytics and reporting
• Third-party integrations

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. If you are registering on behalf of a business, you represent that you have the authority to bind that business to these Terms.

3.2 Account Information

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorised use of your account

4. Subscription Plans and Billing

4.1 Subscription Plans

Cushty offers various subscription plans as detailed on our pricing page. Features and limitations vary by plan level.

4.2 Billing and Payment

• Billing Cycle: Subscriptions are billed monthly or annually in advance
• Payment Methods: We accept major credit cards and direct debit
• Auto-Renewal: Subscriptions automatically renew unless cancelled
• Price Changes: We will provide 30 days' notice of any price increases
• Taxes: Prices exclude applicable taxes (VAT, etc.)

4.3 Free Trial

We may offer free trials for new customers. Trial limitations and duration are specified during signup. Trials automatically convert to paid subscriptions unless cancelled.

5. Acceptable Use Policy

You agree to use Cushty only for lawful business purposes. You must not:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Upload malicious code or attempt to compromise our systems
• Use the service to send spam or unsolicited communications
• Share your account credentials with unauthorised users
• Reverse engineer or attempt to extract our source code
• Use the service for any illegal or fraudulent activities

6. Data and Privacy

6.1 Your Data

You retain ownership of all data you input into Cushty. We act as a data processor for your business data and comply with GDPR requirements.

6.2 Data Security

We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security audits.

6.3 Data Backup and Recovery

We perform daily automated backups of your data. However, you are responsible for maintaining your own backups of critical business information.

7. Intellectual Property

7.1 Cushty's IP

Cushty and all related software, trademarks, and content are owned by Cushty Ltd. We grant you a limited, non-exclusive licence to use our software during your subscription period.

7.2 Your IP

You retain all rights to your business data and content. By using Cushty, you grant us a licence to process and store your data solely to provide our services.

8. Service Availability and Support

8.1 Service Level

We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be announced in advance when possible.

8.2 Support

We provide customer support via email, phone, and in-app chat during UK business hours (9 AM - 6 PM GMT, Monday-Friday).

9. Cancellation and Termination

9.1 Cancellation by You

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• No refunds are provided for partial billing periods
• You retain access to your data for 30 days after cancellation

9.2 Termination by Us

We may terminate your account if you:

• Violate these Terms of Service
• Fail to pay subscription fees
• Engage in fraudulent or illegal activities
• Abuse our support team or other customers

9.3 Data Export

Upon cancellation or termination, you may export your data in standard formats (CSV, PDF) for 30 days. After this period, your data will be permanently deleted.

10. Limitation of Liability

To the maximum extent permitted by law:

• Cushty is provided "as is" without warranties of any kind
• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid in the 12 months preceding the claim
• We are not responsible for third-party integrations or services

11. Indemnification

You agree to indemnify and hold Cushty harmless from any claims, damages, or expenses arising from:

• Your use of the service
• Your violation of these Terms
• Your infringement of third-party rights
• Your business data or content

12. Third-Party Integrations

Cushty integrates with various third-party services (accounting software, payment processors, etc.). These integrations are subject to the third parties' terms and privacy policies. We are not responsible for third-party service availability or functionality.

13. Updates and Modifications

13.1 Service Updates

We regularly update Cushty with new features, improvements, and security patches. Updates are deployed automatically and do not require action from you.

13.2 Terms Updates

We may modify these Terms from time to time. Material changes will be communicated via:

• Email notification to your registered address
• In-app notification within Cushty
• Notice on our website

Continued use of Cushty after changes constitutes acceptance of the updated Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of England and Wales. Any disputes will be resolved through:

• Good faith negotiation between the parties
• Mediation if negotiation fails
• UK courts as a last resort

15. Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, or other force majeure events.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cushty regarding the use of our services.