Terms of Service of Pixie

LAST UPDATE – 30 MARCH 2021

Please read these terms of service carefully before accessing the Pixie Platform, purchasing our Subscriptions and/or engaging with our Communication Channels.


1. INTRODUCTION

1.1 These are the terms of service (Terms) upon which:


(a) We make available Usepixie.com (our Site);

(b) We provide paid access to an online platform, which can be found at usepixie.net, that helps accounting and bookkeeping firms to manage various aspects of their businesses, including (but not limited to) their clients, deadlines, workflow, tasks, emails and team members (this platform, together with our Site, constitutes the Pixie Platform); 

(c) You purchase subscriptions to the Pixie Platform (our Subscriptions); and

(d) We provide content across our social media channels, our newsletter communications and any third party website, social media channels or newsletter communications (our Communication Channels);


1.2 The Pixie Platform, Subscriptions and Communication Channels (together constituting our Services) are owned and operated by UsePixie Software UK Ltd (trading as “Pixie”), a company registered in England and Wales with company number 13062857 and whose registered office is situated at 4th Floor, 86-90 Paul Street, London EC2A 4NE, United Kingdom (Pixie, our, we, us). To contact us, please email hello@usepixie.com.


1.3 “Users” and “you” mean visitors to our Site, Subscription customers, those to whom Subscription customers provide access to our Services (e.g. their employees and contractors), recipients of our communications, and our suppliers.


1.4 By accessing our Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Services. We recommend that you print a copy of these Terms for future reference.


1.5 These Terms refer to our Privacy Policy and Cookie Policy, which also apply to your use of our Services.


1.6 We may amend our Terms from time to time, so every time you wish to use our Services, please check the current Terms to ensure you understand the Terms that apply at that time. These Terms were most recently updated on the date stated above.


1.7 We may transfer our rights and obligations under these Terms to another organisation, for example if we decide to sell the company. 


2. ACCEPTABLE USE

2.1 Content on the Pixie Platform


(a) We may update and change the Pixie Platform from time to time to reflect changes to our products and services, our users' needs and our business priorities. 

(b) The content on the Pixie Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice or tuition before taking, or refraining from, any action on the basis of the content on the Pixie Platform.

(c) Although we make reasonable efforts to update the information on the Pixie Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Pixie Platform is accurate, complete or up to date.

(d) The Pixie Platform and our Communication Channels may include information and materials uploaded by Users (for example, subscribers and other stakeholders). This information and these materials may not have been verified or approved by us and you accept that the views expressed by other Users on the Pixie Platform do not represent our views or values.

(e) If you wish to complain about content on the Pixie Platform or our Communication Channels, please contact us via hello@usepixie.com.


2.2 Accessing the Pixie Platform


(a) You are responsible for configuring your information technology, computer programmes and platform to access the Pixie Platform. 

(b) We do not guarantee that the Pixie Platform, or any content on it, will always be available or be uninterrupted. You accept that we may suspend, withdraw or restrict the availability of all or any part of the Pixie Platform for business and operational reasons, as may the third party software providers on which we rely from time to time to keep the Pixie Platform operational.

(c) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of account creation processes (e.g. when creating a Pixie account) or our security procedures, you must treat such information as confidential and not disclose it to any third party.

(d) We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

(e) If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@usepixie.com.

(f) You are also responsible for ensuring that all persons who access the Pixie Platform through your internet connection or your Pixie account are aware of these Terms and other applicable terms, and that they comply with them.

(g) We reserve the right to temporarily disable your account if your usage significantly exceeds the usage limits of your Subscription. We’ll use our reasonable endeavours to reach out to the account owner before taking any action, except in rare cases where the level of use may negatively impact the performance of the Services for other customers.


2.3 Viruses and bots


(a) We do not guarantee that the Pixie Platform will be secure or free from bugs or viruses, so you should use your own suitable virus protection software. Accordingly, you agree not to hold us accountable for such bugs or viruses.

(b) You must not misuse the Pixie Platform by knowingly introducing or permitting the introduction of viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Pixie Platform, the servers on which the Pixie Platform are stored or any server, computer or database connected to the Pixie Platform. You must not attack the Pixie Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

(c) You must not use bots or other automated methods to register accounts on the Pixie Platform.


3. SUBSCRIPTIONS


3.1 In consideration of you paying the applicable fees, and subject to these Terms, we will grant you a non-transferable, non-exclusive, non-sublicensable worldwide licence to use the Pixie Platform for the duration of your Subscription. 


3.2 Our acceptance of an order takes place when payment for a Subscription has been received by us. Before this point, we reserve the right to reject or cancel your order, in which case you will be provided with either a refund or an alternative offer (which you may reject in favour of a refund). We might do so because, for example, there are unexpected limits on our resources, we have identified an error in the price or description of the Services, or you have failed to provide us with information that is necessary for the supply of the Services. 


3.3 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Where required, we may collect those taxes on behalf of taxing authorities and remit those taxes to taxing authorities.


3.4 From time to time, we may update or amend our Services, for example to reflect changes in our customer base and industry trends. This includes adding, removing and amending software tools and features in our sole discretion. This means the tools and features available on the Pixie Platform may vary slightly from those marketed via our Site landing pages and Communication Channels. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to these Terms and the continued use of the Services after any such changes shall constitute your consent to such changes.


3.5 The Services are provided on an “as is” and “as available” basis. We reserve the right to modify or discontinue, temporarily or permanently, any part of our Services from time to time. Where this is the case, we will let you know as soon as reasonably practicable and shall refund you for any sums paid in advance in respect of Services which will no longer be provided where we have not provided a materially suitable replacement. 


4. RETURNS AND REFUNDS


4.1 In relation to your right to a refund, please see our Fair Refund Policy, which is hereby incorporated into these terms. 


5. THIRD-PARTY WEBSITE & RESOURCES


5.1 You agree not to hold us responsible if defective third-party software damages a device or digital content belonging to you and accept that we will never accept responsibility for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us or the relevant software providers. 


5.2 Where our Services contain links to third parties, including (but not limited to) links to third party website content, social media channels, platforms, individuals, organisations, products, services, or other resources (including content, communications, mailing lists, advice and information) (Third-Party Resources), these links are provided for your information only.


5.3 Links to Third-Party Resources should not generally be interpreted as recommendations that you interact with such Third-Party Resources, or as approval by us of those Third-Party Resources or information you may obtain from them, and you accept that we have no control over the nature or availability of such Third-Party Resources. 


5.4 If you access, purchase or use any Third-Party Resources:


(a) You do so solely at your own risk and we make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Resources, or any transactions completed and any contracts entered into by you with any such Third-Party Resources; and

(b) By using such Third-Party Resources, you agree to also be bound by any terms and conditions applicable to the use of such Third-Party Resources and accept that you may need to pay additional fees to access those Third-Party Resources. Accordingly, we recommend that you refer to any applicable terms and conditions and policies prior to using any Third-Party Resources.


5.5 You may link to our Services, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval or endorsement on our part where none exists.


5.6 You must not establish a link to our Services in any websites or resources that are not owned by you, unless you have been given express permission to do so by the owner of such websites or resources, and our Services must not be framed on any other website or within any resources.


5.7 We reserve the right to withdraw linking permission at any time and in our sole discretion.


5.8 If you wish to link to or make any use of our Services other than as set out in these Terms, please contact hello@usepixie.com.


6. LIMITATIONS ON USE OF THE SERVICES


6.1 You must not:


(a) print off, print screen, download, copy, modify, record, duplicate, reproduce, create derivative materials from, modify, frame, mirror, republish, transmit, distribute, display, share, distribute, transmit, retransmit, transfer, disseminate, broadcast, circulate or otherwise use the Services or any portion of the Services, including any portion of the HTML, CSS, JavaScript or visual design elements in any form or by any means without our prior written consent, except as permitted by these Terms;

(b) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms; or 

(c) act fraudulently or maliciously, for example, by decompiling the Pixie Platform or inserting malicious code, including viruses, or harmful data, into the Pixie Platform.


6.2 Where we consent to you using our content in a manner described in clause 6.1(a), you agree that our status (and that of any identified contributors) as the owners of the relevant content must always be acknowledged, and that we can withdraw our consent at any time (at which point, you will return, remove and/or destroy the content and any copies thereof, at our request and in our sole discretion, as soon as practicable). 


6.3 You shall not use any part of the Services in order to build a product, service, offering or following, whether for commercial purposes or otherwise, on your own behalf or for a third party.


6.4 You shall not license, sell, resell, rent, commercially exploit, make available to third parties, or enable any third parties to access the Pixie Platform, for example by sharing your log-in details with third parties. To clarify, your log-in details may only be used by you; any other individual or business must only access Services behind a member paywall using their own distinct log-in details.


6.5 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Pixie Platform and, in the event of any such unauthorised access or use, shall promptly notify us of any details reasonably required in connection with such unauthorised access.


7. INTELLECTUAL PROPERTY 


7.1 We claim no intellectual property rights over the materials you upload to the Pixie Platform, in so far as you are the creator or owner of such materials.


7.2 Subject to clause 7.1, you acknowledge and agree that unless otherwise specified, we are the owner or the licensee of all intellectual property rights in our Services, including the material published on the Pixie Platform. 


7.3 These Terms do not grant you any rights to, under or in, any patents, copyright, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services, other than in respect of the limited licence set out in clause 3.1.


7.4 You agree not to infringe in any way our intellectual property rights or those of any third party in relation to your use of the Services.


7.5 You are not permitted to use our business name, trading name, logos or branding without our approval and you shall not remove or in any manner alter any logo, brand name, product identification, proprietary mark, trade mark notice, copyright notice, or other notices contained in or comprising part of the Services.


8. LIABILITY


8.1 If you have any questions or complaints about our Services, please contact us via hello@usepixie.com. 


8.2 We do not warrant that:


(a) the Services will meet your specific requirements;

(b) the Services will be uninterrupted, timely, secure, or error-free;

(c) anything regarding the accuracy or reliability of  results that may be obtained from the use of the Service;

(d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; and/or

(e) any errors in the Service will be corrected.


8.3 Other than as set out in clause 3.6, we shall not be liable to you or any third party in connection with any modification, price change, suspension or discontinuance of the Services.


8.4 We shall have no liability to your under these Terms if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, acts of God, wars, riots, civil commotions, malicious damage, epidemics, pandemics, compliance with any law or governmental orders, rules, regulations or directions, accidents, breakdowns of plant or machinery, fires, floods, storms or default of suppliers or subcontractors (including couriers, commercial printing companies and software providers), provided that we notify you of such an event and its expected duration (if we are aware of such event and an estimation is feasible).


8.5 If we are made aware that the supply of our is significantly delayed or hindered by an event outside our control, we will contact you as soon as possible to let you know and where possible, we will take reasonable steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event. 


8.6 Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.


8.7 For business users


(a) We exclude all implied conditions, warranties, representations or other terms that may apply to the purchase, access or use of our Services.

(b) We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, our Services, or your use of or reliance on any content forming part or all of our Services.

(c) In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.


8.8 Save for cases of fraud or wilful misconduct, and to the extent permitted under UK law, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of our obligations under these Terms shall be limited to the amount you have paid (minus any refunds provided by us) for the Services in respect of which such liability has arisen. 


9. CANCELLATION & TERMINATION


9.1 We may terminate your account immediately and without liability if you abuse (including verbal, physical, written or other forms of abuse, as well as threats of abuse or retribution) any of our employees, agents or contractors.


9.2 We may offer an initial free trial of the Services for 30 days. If you commence a free trial or discounted Subscription, you accept and agree that once such free trial or discounted period ends, you will be automatically charged the full price for each subsequent Calendar Month, unless you Cancel your subscription before the end of the final free or discounted Calendar Month. Unless we are able to receive payment for such continued access to the Services using the payment method you have provided to us, your account will be frozen and inaccessible.


9.3 For the purposes of clauses 9.1 and 9.2:


(a) Calendar Month means the duration from and including a numeric day in one month, to the day immediately preceding the corresponding numeric day in the next month (for example, from 16 July to 15 August), with the first day being the day on which you commenced your Subscription to the Pixie Platform; and

(b) Cancel means cancelling your account via the settings link in the global navigation bar of the Pixie Platform. You are solely responsible for properly cancelling your account through the Pixie Platform and accept that, unless we agree otherwise in exceptional circumstances, we do not accept email or phone requests to cancel accounts.


9.4 If you wish to terminate a contract with us for a reason set out below, you must inform us immediately in writing, at which point the contract will end immediately and we will refund you for any Services which have not been provided. The reasons are:


(a) We have told you about a change to the Services which will directly affect your order (for example, if the change means you will not receive the precise Services anticipated at the time of placing your order) and you consequently do not wish to proceed;

(b) We have told you about an error in the price or description of the Services you have ordered and you consequently do not wish to pay the correct price or accept the Services in the form that they will otherwise be provided;

(c) We have informed you that there is a risk that the supply of the Services may be significantly delayed because of events outside our control, and you consequently do not wish to proceed;

(d) We have suspended supply of the Services for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 10 consecutive days; or

(e) You have a legal right to end the contract because of something we have done wrong. 


9.5 All of your data will be inaccessible via the Pixie Platform immediately upon cancellation or termination of your account (including data inputted by others using the Services via your account). This data will be permanently deleted from backups and logs within 7 days. Once permanently deleted, you accept that the information cannot be recovered. You are therefore advised to export or otherwise ensure you have copies of back-ups of your data prior to this date.


9.6 If you cancel or terminate your account before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again (unless you decide to resume a Subscription). You accept that there will not be any prorating of unused time in your final billing cycle.


10. DATA PROTECTION


10.1 We will only use your personal information as set out in our Privacy Policy.


11. ADDITIONAL CLAUSES


11.1 Technical support in relation to the Services is currently only provided via an in-app chatroom or email by contacting us at hello@usepixie.com. We will do out best to reply to you as soon as possible, but generally replies will only be sent during business hours (Monday-Friday 9.00am – 5.30pm).


11.2 You shall not, without our prior written consent, sublicense, assign, transfer, charge or sub-contract any element of the Services or any of your rights or obligations under these Terms to any third party, whether with or without consideration, without our prior written consent.


11.3 This End User Licence does not confer any rights on any third party pursuant to the Contracts (Rights of Third Parties) Act 1999.


11.4 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.


11.5 No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.


11.6 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).