Terms and Condition

These Software Terms (the “Terms”) constitute a legal agreement between you and thisdotsoftware LTD governing the use of our Platform and services. 

  1. ABOUT US

    1. We are thisdotsoftware LTD of 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (“thisdotsoftware LTD“, “we”, “us”, or “our”).

    2. We operate the cheapskate loyalty management platform (our “Platform”).

    3. To contact us, please email zubar@cheapskate.io, use our Contact Form, or write to us at the above address.

  2. GENERAL TERMS

    1. The provisions set out in these Terms govern your access to and your use of our Platform and our services shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform. 

    2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Platform on these Terms.

    3. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages). 

    4. We reserve the right to change, modify, suspend or discontinue any portion of the services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

    5. The following additional terms also apply to your use of our Platform and form part of these Terms: 

      1. Our Privacy Policy

      2. Our Cookie Policy

      3. Our Saas Agreement

      4. Our Data Processing Addendum

  3. YOUR ACCOUNT

    1. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that: 

      1. you have read the terms set out in these Terms and agree to be bound by and comply with them; and

      2. you shall ensure that all Users of your Account abide by these Terms.  

    2. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.

    3. If you are using our Platform and our services on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

  4. SUBSCRIPTION

    1. Some services may require payment of subscription fees and/or other ad-hoc or ancillary fees before you can access or use them (“Fees”). These Fees will be notified to you through our Platform. 

    2. If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our Platform. By purchasing the recurring subscription, you authorise us or our related corporations to automatically charge the Fees: 

      1. upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and 

      2. on the renewal date of the subscription period thereafter, without any further action by you. 

    3. Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our Platform or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our Platform or any of the services. 

    4. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advance written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees. 

    5. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.

    6. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

    7. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever. 

    8. Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription to our Platform, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.

  5. SERVICE LEVEL AGREEMENT

    1. We shall make the functionality of the Platform and services available to you pursuant to this Agreement and shall use commercially reasonable efforts to make the services available at the gateway between the public internet and the network of the Cloud services Provider, except for: 

      1. scheduled Downtime (of which we will, to the extent practicable, schedule so as not to adversely affect your business); and 

      2. as set forth in these Terms. 

    2. We warrant that the Platform and services shall have an uptime of not less than 99.5% per month (resulting in a Downtime of not more than 3 hours and 39 minutes per month) (the "SLA"). 

    3. You may bring forth any claim of excessive Downtime by submitting the details of such Downtime for our reference. We must receive such claims latest by the end of the calendar month following the month in which the alleged Downtime occurred. After our investigation of such claims, should we determine that we have not met the uptime requirement set forth herein, you may, as an exclusive remedy, be entitled to a Service Credit not to exceed in any particular month, fifteen percent (15%) of the monthly fees. 

    4. Notwithstanding the foregoing, if we determine that the services had an uptime of less than ninety-nine percent (99.0%) (resulting in a Downtime of more than 7 hours and 18 minutes) in a specific month, you may, as an exclusive remedy, be entitled to a Service Credit of twenty percent (20%) of the fees applicable for that specific month. 

    5. Any Service Credits shall be credited to you within thirty (30) days of the determination of excessive Downtime by us as set out above. 

    6. We may, at our sole discretion, announce additional performance targets for the services and shall use commercially reasonable efforts to meet those targets. 

    7. Additional performance targets may be amended by us at any time and at our sole discretion and that our failure to meet those targets shall not entitle you to a refund of any fees paid under these Terms.

  6. Compliance with Laws and Regulations

    You will use commercially reasonable efforts to ensure, through proper instructions and enforcement actions, that all access to and use of the Platform by you or authorised users, or otherwise through your facilities, equipment, identifiers, or passwords, will conform to this Agreement and will be made and used solely for proper and legal purposes, and will be conducted in a manner that does not violate any law or regulation, the rights of any third party, or this Agreement.

  7. UPLOADING CONTENT

    1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Platform complies with our Privacy Policy, the UK`s DPA, the GDPR and any other applicable laws.

    2. You are fully responsible for your content uploaded to our Platform and services. We will not be responsible, or liable to any third party, for:

      1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or

      2. the loss of any content or data provided to us by you. You should keep a record of all such content and data. 

    3. We will only use the content uploaded by you for the purposes of carrying out the services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority. 

    4. We may use the content uploaded by you for the purpose of data analytics or to further develop our services or machine learning. Any such content shall be anonymised and used only for the purposes of improving the services and our response to users of the Platform. 

    5. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.

  8. PROHIBITED USES

    1. You may use our Platform and services only for lawful purposes. You may not use our Platform:

      1. in any way that breaches any applicable local or international laws or regulations;

      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

      3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and

      4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

    2. You also agree:

      1. not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and

      2. not to access without authority, interfere with, damage or disrupt:

      3. any part of our Platform and services;

      4. any equipment or network on which our Platform is stored; 

      5. any software used in the provision of our Platform; or 

      6. any equipment or network or software owned or used by any third party.

  9. INTELLECTUAL PROPERTY RIGHTS

    1. You acknowledge that all intellectual property rights in our Platform and services anywhere in the world belong to us, that rights in our Platform and services are licensed (not sold) to you, and that you have no rights in, or to, our Platform and services other than the right to use them in accordance with these Terms.

    2. Any intellectual property rights in content uploaded by you to our Platform and services shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish and display such intellectual property rights for the purposes of performing the services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the services and our responses to users of the Platform. 

    3. You acknowledge that you have no right to have access to our Platform and services in source code form.

  10. SUBMISSIONS

    1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

    2. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

  11. TECHNICAL REQUIREMENTS AND RESPONSIBILITY

    1. Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met. 

    2. This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The User shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the services.

    3. thisdotsoftware does not guarantee that the services offered can actually be used with the User's device.

  12. DATA CHARGES 

    You are responsible for all data-related charges that you may incur for using our Platform, including, without limitation, mobile, and data charges. You should understand or ask your service provider what charges you may incur before using the Platform.

  13. WARRANTIES

    1. While we make all efforts to maintain the accuracy of the information on our Platform, we provide the services, Platform and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. 

    2. thisdotsoftware makes no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of our Platform and information, information, services and other content contained on our Platform. 

    3. thisdotsoftware cannot guarantee that our Platform and information and content and the provision of the content of our Platform will always be correct or fault, error and virus free.

    4. thisdotsoftware does not accept liability for incorrect content or errors and omissions and information on our Platform or its content (whether of legal, typographical, technical, or other nature).

    5. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components. 

  14. LIMITATION OF LIABILITY

    1. We are not liable for the completeness, accuracy or correctness of any content and information and any Related Content. You expressly agree that your use of the services and our Platform, including reliance on any content and information, is at your sole risk. 

    2. You agree not to use the services, our Platform and the Related Content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the services, our Platform or any other website or software) for:

      1. loss of profits, sales, business, or revenue;

      2. business interruption;

      3. loss of anticipated savings;

      4. loss or corruption of data or information;

      5. loss of business opportunity, goodwill or reputation; or

      6. any other indirect or consequential loss or damage.

    3. Nothing in these Terms shall limit or exclude our liability for:

      1. death or personal injury resulting from our negligence; 

      2. fraud; and/or

      3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

    4. Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content. 

    5. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law

  15. INDEMNITY

You agree to indemnify and hold us, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise. 

OTHER IMPORTANT TERMS

    1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms. 

    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

    3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.

    4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.

    5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

    6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 

    7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of England and Wales. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.