Terms of Service

1. Parties and Definitions

This Software as a Service Agreement ("Agreement") is entered into between app-factory.dev Limited, a company incorporated in England and Wales ("Provider", "we", "us", "our") and the entity accessing our services ("Customer", "you", "your").

"Service" means the Vita software platform provided via cloud-based access, including all associated features, functionality, and documentation.

2. Service Provision

2.1 Service Availability:

We will use commercially reasonable efforts to make the Service available 24/7, subject to scheduled maintenance and circumstances beyond our reasonable control.

2.2 Service Modifications:

We reserve the right to modify, update, or discontinue features of the Service with thirty (30) days' notice for material changes.

2.3 Support:

We provide reasonable technical support during business hours (09:00-17:00 UK Local time, Monday to Friday).

3. Customer Obligations

3.1 Acceptable Use:

You agree to use the Service only for lawful purposes and in accordance with this Agreement and any applicable laws and regulations.

3.2 Account Security:

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.3 Data Accuracy:

You warrant that all information provided is accurate and that you have the right to use and process any data uploaded to the Service.

3.4 Compliance:

You must comply with all applicable data protection laws, including but not limited to the UK Data Protection Act 2018 and UK GDPR.

4. Intellectual Property

4.1 Service IP:

All intellectual property rights in the Service remain our property or that of our licensors. You receive only a limited, non-exclusive licence to use the Service.

4.2 Customer Data:

You retain all rights to data you input into the Service. You grant us a licence to process this data solely to provide the Service.

4.3 Feedback:

Any feedback, suggestions, or improvements you provide may be used by us without restriction or compensation.

5. Data Protection and Privacy

5.1 Data Processing:

We process personal data in accordance with our Privacy Policy and applicable data protection laws. You acknowledge you have read our Privacy Policy.

5.2 Data Controller/Processor:

Where you input personal data of third parties, you act as data controller and we act as data processor. You warrant you have lawful basis for such processing.

5.3 Data Security:

We implement appropriate technical and organisational measures to protect data, including encryption and access controls.

6. Payment Terms

6.1 Fees:

Subscription fees are payable in advance and are non-refundable unless otherwise specified in our refund policy.

6.2 Price Changes:

We may increase fees with sixty (60) days' written notice. Continued use after the notice period constitutes acceptance.

6.3 Taxes:

All fees are exclusive of VAT and other applicable taxes, which you are responsible for.

7. Limitation of Liability

7.1 Service Limitations:

The Service is provided "as is" without warranties of any kind. We do not warrant that the Service will be error-free or uninterrupted.

7.2 Liability Cap:

Our total liability to you for any claims arising from this Agreement shall not exceed the fees paid by you in the twelve (12) months preceding the claim.

7.3 Excluded Damages:

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or data.

7.4 Exceptions:

Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraud, or other liability that cannot be excluded by law.

8. Termination

8.1 Termination Rights:

Either party may terminate this Agreement with thirty (30) days' written notice. We may terminate immediately for material breach or non-payment.

8.2 Data Retrieval:

Upon termination, you have sixty (60) days to export your data. After this period, we may delete your data in accordance with our retention policy.

8.3 Survival:

Provisions relating to intellectual property, confidentiality, limitation of liability, and governing law survive termination.

9. Dispute Resolution

9.1 Governing Law:

This Agreement is governed by the laws of England and Wales.

9.2 Jurisdiction:

Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

9.3 Alternative Dispute Resolution:

We encourage resolution of disputes through good faith negotiations before resorting to litigation.

10. General Provisions

10.1 Entire Agreement:

This Agreement, together with our Privacy Policy and any order forms, constitutes the entire agreement between the parties.

10.2 Assignment:

You may not assign this Agreement without our written consent. We may assign this Agreement with thirty (30) days' notice.

10.3 Severability:

If any provision is found unenforceable, the remainder of the Agreement remains in effect.

10.4 Force Majeure:

Neither party is liable for delays or failures due to circumstances beyond their reasonable control.

11. Consumer Rights

If you are a consumer, you have statutory rights under UK consumer protection laws that cannot be excluded. This Agreement does not affect those rights.

For information about your statutory rights, contact your local Trading Standards office or Citizens Advice Bureau.

12. Changes to This Agreement

We may update this Service Agreement from time to time. We will notify you of any material changes by email or through platform notifications. Continued use of the Service after such changes constitutes your acceptance of the updated Agreement.

13. Contact Information

For questions about this agreement, please contact us at:

Company: app-factory.dev Limited. Registered in England and Wales | Company Number: 16567409
Registered Office: 12b Otley Street, Skipton, England, BD23 1DZ
Email: hello@app-factory.dev