Terms & Conditions
1. Who we are
1.1
We are Apari Software Ltd. Our company information is provided at the end of this document.
2. What these terms are about
2.1
These terms and conditions apply to your use of our Service, as defined below. We have tried to make them clear and user-friendly. Please read them carefully and save a copy for your records, as we do not retain a copy specifically for your individual transaction with us. These terms are available in English only.
Where you communicate with us on behalf of a company or other organisation, you confirm that you have authority to act on its behalf.
3. Definitions
3.1
The following definitions apply throughout these terms and conditions:
“App” means the ApariSolo mobile application and any related services supplied by us.
“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
“Content” means all information and materials of any kind used, submitted, uploaded or displayed through our Service, including Data.
“Data” means transactions, bank statements, contract lists and other similar information that you upload or otherwise provide to our Service.
“Service” means the ApariSolo website, the App and any related services supplied by us.
“Store” means the app distributor from which you download the App, such as the Apple App Store or Google Play Store.
“Store Rules” means the applicable rules, policies and terms of the relevant Store.
“User” means any individual or organisation using our Service, whether or not registered with us.
4. Important warnings about tax returns and alerts
4.1
Our Service may generate automated information suggested for inclusion in your tax return based on the Data that you provide.
We do not guarantee that this information will be complete, accurate or correctly reflected in your tax return. We also do not guarantee that your tax return will otherwise be complete or correct.
You are responsible for carefully checking all information and your completed tax return before submitting it. You should obtain independent professional advice where appropriate. To the extent permitted by law, we do not accept legal responsibility for errors, omissions or inaccuracies in your tax return.
4.2
To enable us to send alerts and notifications, you must provide us with accurate and up-to-date contact information. You must update your details promptly if they change.
We are not responsible for checking or updating your contact information, even where we have reason to believe that it may be incorrect or out of date, such as when an alert is returned as undeliverable.
You acknowledge that alerts may not always be sent or received correctly due to technical errors, inaccurate contact information or other circumstances. You remain responsible for separately recording, monitoring and complying with tax return deadlines and any other important dates.
5. Entering into a legal contract with us
5.1
When you register for ApariSolo through our website, you enter into a legally binding contract with us for use of the Service.
Where you first access ApariSolo by downloading the App, you enter into a legally binding contract with us when you download the App.
5.2
For App Users, these terms and conditions form an end-user licence agreement between you and us, rather than between you and the Store. They set out the basis on which we permit you to use the App.
You also agree to comply with the applicable Store Rules.
5.3
If you browse or use any part of the Service that does not require registration or payment, you will also be bound by these terms to the extent that they are relevant to your use of the Service.
6. Consumer right to cancel
6.1
If you are a Consumer, you may have the right to cancel this contract, subject to the provisions below.
6.2
You may lose your right to cancel where the supply of digital content begins before the end of the cancellation period with your express agreement and you acknowledge that beginning the supply of the digital content will cause you to lose your cancellation right.
6.3
Where you have a right to cancel, the relevant instructions are provided at the end of this document.
7. Changes to these terms and conditions
7.1
We may change these terms and conditions by giving you at least 15 days’ notice.
We may provide less notice where a more urgent change is required to:
comply with a legal or regulatory obligation; or
address an unforeseen and imminent risk or danger.
We will notify you of changes by email, by displaying a notice through the Service, by publishing the updated version on our website, or through another appropriate method.
7.2
If you do not agree to the updated terms, you may contact us using the email address provided below and ask us to end your contract before the updated terms take effect.
If you continue using the Service after the updated terms take effect, the updated terms will apply to your use of the Service.
8. Your right to use the Service
8.1
We grant you a limited, personal and non-transferable right to access and use the Service on an applicable device that you own or control.
Where Apple Inc. is the Store, use of the App is limited to Apple-branded devices that you own or control, subject to any applicable Store Rules.
Your right to use the Service is subject to these terms and conditions and, where applicable, the Store Rules.
9. Acceptable use of the Service
9.1
You agree that you will not, in connection with the Service:
break the law or infringe another person’s rights;
provide, upload or link to unlawful, infringing, harmful or otherwise inappropriate Content;
deceive, impersonate or mislead another person;
provide Content containing another person’s personal information unless that person is aged 18 or over and has given appropriate consent, or you are legally authorised to provide it;
use the Service to compete with us or infringe our rights;
disrupt the Service through spam, viruses, malware, phishing or similar activity;
interfere with, damage or gain unauthorised access to the Service, our systems, Data, passwords or networks;
intercept, monitor or modify communications without authorisation;
impose an unreasonable or disproportionately large load on the Service;
deliberately exploit any bugs, vulnerabilities or errors within the Service;
circumvent any security, access-control, usage-control or copy-protection feature;
use automated systems to access the Service unless we have expressly authorised this in writing; or
attempt, encourage, enable or assist another person to do any of the above.
9.2
You agree to:
comply with any reasonable rules or requirements displayed through the Service;
comply promptly with any reasonable request or instruction we issue in connection with the Service;
ensure that all information you provide is accurate, complete and not misleading; and
notify us promptly of any important changes to the information you have provided.
10. Content you provide through the Service
10.1
You are responsible for the Content you provide, upload, submit or otherwise make available through the Service.
10.2
You confirm that you have, and will continue to have, all rights, permissions and lawful grounds needed to allow us to use and process your Content as contemplated by the Service and these terms and conditions.
10.3
We may, without prior notice or refund, reject, suspend, restrict, alter, remove or delete Content where:
the Content or related behaviour is the subject of a complaint;
we reasonably believe that it breaches these terms;
we reasonably believe that action is necessary to protect us, our Users or another person;
we reasonably believe that a criminal offence may have been committed;
we are required to act by law, regulation, court order or a competent authority; or
the police or another appropriate authority asks us to do so.
We may disclose relevant Content or information to the police, a regulator, another appropriate authority or, where legally appropriate, a complainant.
Where Content has been removed or restricted, you must not attempt to republish, resubmit or resend it in breach of our instructions.
10.4
We may display advertisements near or within Content where this forms part of the Service. Unless otherwise agreed in writing, we will retain the revenue generated from those advertisements.
10.5
You are responsible for making regular downloads or backups of your Content where the Service permits you to do so.
To the extent permitted by law, we are not responsible for the loss of or damage to Content where you have failed to maintain an appropriate backup.
10.6
We may permanently delete your Content without further notice:
14 days after this agreement ends; or
where you have a free account, after that account has been inactive for 60 days.
10.7
Uninstalling the App may result in the deletion of Content stored locally on your device.
11. Third-party services, advertising and websites
11.1
The Service may display or provide access to third-party services, advertisements or links to other websites.
Unless we expressly state otherwise, we do not recommend, control or endorse these third-party services or websites. We are not legally responsible for their availability, content, security, privacy practices or performance.
You access and use third-party services and websites at your own risk.
11.2
Where you use the services of a payment provider through the Service, you agree to comply with that provider’s applicable terms and conditions.
We are not responsible for the acts or omissions of third-party payment providers.
12. General guidance and information
12.1
We may provide guidance, explanations, estimates or other general information through the Service.
We do not guarantee that this information will always be complete, accurate or up to date. To the extent permitted by law, we do not accept legal responsibility for your reliance on general information provided through the Service.
Before acting on information supplied through the Service, you must make your own careful enquiries and consider whether the information is accurate, complete and suitable for your circumstances.
Unless expressly stated otherwise, information supplied through the Service:
is general information only;
is not intended to constitute tax, legal, financial or other professional advice; and
is not tailored to your individual circumstances.
You rely on such information at your own risk.
13. Your account
13.1
Your account is personal to you and is non-transferable.
You must not allow another person to use your account, except where the Service expressly allows you to grant access to an authorised User.
You must take reasonable steps to keep your login details, passwords and other security information confidential.
You must notify us immediately if you become aware of:
the loss or misuse of a password;
unauthorised access to your account;
a suspected security breach; or
any other unauthorised use of your identity or account.
You are responsible for the actions of authorised Users and other people who access the Service using your account or identity, except to the extent that the relevant access or action was caused by our fault.
14. Payments and subscriptions
14.1
Parts of the Service may be available free of charge. Certain features may be available only to Users with a paid subscription.
Subscriptions are available at the prices, for the periods and through the payment methods displayed through the Service. Unless otherwise stated, subscription fees are payable in advance.
14.2
Prices displayed through the Service include applicable VAT unless we state otherwise.
14.3
You become legally responsible for paying the applicable subscription fee when we confirm your order.
14.4
If we make an error in the price displayed for any part of the Service, we are not required to provide that part of the Service at the incorrect price, provided that we notify you of the error.
You may then choose whether to continue with the purchase at the correct price.
14.5
Where this is stated when you subscribe, your subscription will renew automatically for the same subscription period.
To prevent renewal, you must end your subscription at least 14 days before the renewal date by following the instructions provided through the Service.
Ending your subscription does not entitle you to a refund, except where a refund is required by law or under applicable Consumer cancellation rights.
You authorise us and our payment provider to charge your chosen payment method for amounts due under this agreement.
14.6
We may change our subscription prices.
A new price will apply immediately to new subscriptions purchased after the updated price is displayed through the Service.
For existing subscribers, we will give at least one month’s notice by email before a price increase takes effect.
If you do not accept the new price, you should end your subscription by following the instructions provided through the Service. Otherwise, the first renewal occurring after the notice period will be charged at the updated price.
14.7
You must contact us promptly and provide full details if you dispute a payment.
15. Discount codes
15.1
We may issue promotional or discount codes from time to time.
A discount code may only be applied to an eligible purchase made through the account to which the code was offered or registered. Codes are non-transferable and cannot be exchanged for cash.
Unless otherwise stated, discount codes:
apply only to eligible future orders placed online;
cannot be applied retrospectively;
may be redeemed only once per customer; and
expire 12 months after the date of issue.
You may not use more than one discount code in a transaction unless we expressly permit this. Where multiple codes are permitted, we may determine the order in which they are applied.
15.2
We may reject or withdraw a discount code where we reasonably believe that it has been used or obtained in breach of these terms.
Discount codes may also be subject to additional conditions specified when they are issued.
We may discontinue or modify discount codes at any time, subject to any rights already acquired by Consumers under applicable law.
16. Support
16.1
The Service includes only the support expressly described as part of your selected subscription or plan and available through the specified contact methods.
Our support is intended to help with:
configuring the Service;
understanding how to use the Service properly;
identifying errors or interruptions affecting the Service; and
resolving technical issues where reasonably possible.
Our support team does not provide tax, legal, financial or other regulated professional advice.
16.2
Unless expressly stated otherwise, we do not guarantee a particular response time or outcome.
Any response times we provide refer to English business hours and business days unless we state otherwise.
16.3
We are not required to provide support while you owe us overdue amounts or are otherwise in material breach of this contract.
16.4
Where support relates to a particular tax year, that support will end nine months after the end of the relevant tax year, referred to as the “Support End Date”, even if your subscription continues beyond that date.
If your subscription ends before the Support End Date, we may continue to provide support relating to that tax year until the Support End Date, provided that your account remains open.
In all cases, our obligation to provide support will end when this contract ends.
16.5
You acknowledge that the Store has no obligation to provide maintenance or support services in relation to the App.
17. Ending or suspending this contract
17.1
You may end this contract at any time by contacting us using the email address provided below and asking us to delete your account.
If you use the App, you should also uninstall it from your devices.
Ending this contract does not automatically entitle you to a refund, except where a refund is required under applicable Consumer cancellation rights or other applicable law.
17.2
If you are a free User, we may end this contract at any time and for any reason by giving you at least 30 days’ notice.
17.3
We may suspend or restrict all or part of the Service, or end this contract, if:
you become bankrupt, enter liquidation, become insolvent or are subject to a similar event;
you breach this contract;
fees payable by you remain unpaid or are unjustifiably charged back;
acting reasonably, we believe that suspension, restriction or termination is necessary to protect us or another person;
we are required to do so by law, regulation, court order or a request from a competent authority; or
you or someone acting on your behalf behaves in an abusive, threatening or otherwise inappropriate manner towards our staff or representatives.
17.4
We may end this contract if we permanently discontinue the Service and reasonably consider this necessary for security, technical, commercial or operational reasons.
Where reasonably possible, we will provide advance notice.
17.5
When this contract ends:
your right to access and use the Service will end;
all licences granted to you under these terms will terminate;
we will delete your Data 14 days after the contract ends, unless we are legally required to retain it or you ask us to delete it earlier;
you are responsible for downloading any Content you wish to retain before it is deleted, using CSV or another format made available by us;
rights and liabilities that arose before the contract ended will not be affected; and
any provisions that are stated or intended to continue after termination will remain in effect.
18. Restrictions on our legal responsibility
18.1
Nothing in this agreement excludes or limits our liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
any other liability that cannot legally be excluded or limited.
In this section, references to us include our employees and agents, who may enforce the relevant provisions of this agreement.
18.2
If you are a Consumer, we will not be liable for loss or damage where:
there has been no breach of a legal duty owed to you by us;
the loss or damage was not reasonably foreseeable, meaning it was not an obvious consequence of our breach and was not contemplated by you and us when the contract was entered into;
the loss or damage was caused or contributed to by your own act or omission, including your failure to comply with this agreement; or
the loss or damage relates to your trade, business, craft or profession.
18.3
If you are a Consumer, you will be responsible for reasonably foreseeable loss or damage that we suffer, including claims made by another person, as a result of your breach of this agreement or misuse of the Service.
18.4
The following provisions apply only where you are not a Consumer:
18.4.1
If you paid subscription fees during the 12 months immediately before the act or omission giving rise to a claim, referred to as the “Previous 12 Months”, our total liability of any kind, including liability arising from negligence, for that act, omission or series of connected acts or omissions will be limited to the total fees paid or payable by you to us for the Service during the Previous 12 Months.
18.4.2
We will not be liable, including where the loss arises from our negligence, for:
loss of revenue, profit, contracts, business or anticipated savings;
loss of goodwill or reputation;
special, indirect or consequential loss; or
damage to or loss of Data,
even where we have been advised that such loss may occur.
18.4.3
You will indemnify us against claims, costs and liabilities arising directly from your unlawful use of the Service or material breach of this agreement.
18.4.4
To the extent permitted by law, you and we exclude all conditions, warranties and other terms that might otherwise be implied by statute, common law or otherwise and that are not expressly stated in this agreement.
18.4.5
This agreement constitutes the entire agreement between you and us regarding its subject matter and replaces any previous communication or agreement relating to that subject matter.
You and we acknowledge that neither party has relied on a statement or representation that is not expressly set out in this agreement.
Liability for misrepresentation relating to this agreement is excluded, except in the case of fraudulent misrepresentation.
19. Intellectual property rights
19.1
All intellectual property rights in materials used on or in connection with the Service are owned by us or our licensors, partners or suppliers.
For your own personal use, you may view those materials on your device.
Unless we give you prior written permission, you must not otherwise use those materials, including by:
copying them;
publishing or distributing them;
selling or commercially exploiting them;
modifying or adapting them; or
extracting substantial parts of them.
You must not misrepresent the ownership or source of any material, including by changing or removing copyright notices, legal notices or author attributions.
19.2
You must not collect, scrape, harvest, frame, mirror or deep-link to Content available through the Service without our prior written permission.
19.3
You must not reverse-engineer, decompile or disassemble our software except to the limited extent expressly permitted by applicable law.
You must not:
create or use a modified or derivative version of our software;
distribute or sublicense our software to another person; or
disclose our software to another person without authorisation.
You must take reasonable steps to prevent unauthorised access to or disclosure of our software.
20. Availability and operation of the Service
20.1
We do not guarantee that the Service will always be available, uninterrupted or error-free.
We may, without liability and where reasonably necessary:
suspend all or part of the Service for repairs, maintenance, improvements, security work or another technical or operational reason; and
change or update the Service.
Where reasonably possible, we will provide advance notice of significant planned interruptions.
20.2
You acknowledge that internet-based and other technology services are not always secure or error-free. You accept the ordinary risks inherent in using internet-based technology for the purpose of accessing the Service.
21. App compatibility and updates
21.1
We do not guarantee that the App will be compatible with every mobile device, browser, operating system or version of an operating system.
You are responsible for checking that the App works on your device before purchasing a subscription.
A device manufacturer or operating-system provider may release an update that causes the App to stop working correctly.
We may release updates to the App through the Store. You may be unable to use some or all of the App until you install an update. An update may also require you to accept updated terms and conditions.
You are responsible for checking for and installing available App updates within a reasonable period.
22. Events outside our control
22.1
We will not be liable for a failure or delay in performing an obligation under this agreement where the failure or delay is caused by circumstances beyond our reasonable control.
These circumstances may include:
failures of telecommunications or internet-service providers;
power failures;
failures affecting third-party technology suppliers;
industrial disputes;
natural disasters;
epidemics or pandemics;
acts of government; or
other events that we could not reasonably prevent or control.
23. Transferring this contract
23.1
We may transfer all or part of our rights or obligations under this agreement to another organisation, provided that we take reasonable steps to ensure that this does not materially reduce your rights.
Because this agreement is personal to you, you may not transfer your rights or obligations under it without our prior written permission.
24. Your personal information
24.1
We will handle your personal information in accordance with our Privacy Policy, which is available at:
https://app.apari-digital.com/privacy-policy.pdf
The Privacy Policy may be updated from time to time.
25. Data processing
25.1
This section applies to personal information included in Data that you upload or otherwise provide through the Service.
We process this information during the term of the contract in order to provide the Service to you.
25.2
In relation to such personal information, we agree:
to process it only in accordance with your documented instructions as set out in this agreement, unless applicable law requires us to process it in another way, in which case we will notify you unless the law prevents us from doing so;
where it is transferred outside the United Kingdom or European Economic Area, to use applicable standard contractual clauses issued or approved by the Information Commissioner’s Office or rely on another lawful transfer mechanism;
to ensure that each person authorised to process it is subject to an appropriate duty of confidentiality;
to implement and regularly review appropriate technical and organisational security measures in accordance with applicable data-protection law;
not to appoint a sub-processor without your general or specific authorisation;
that you are deemed to authorise the sub-processors identified through our website or Service;
to give you at least 14 days’ notice before appointing a new sub-processor, where reasonably practicable;
that you will be deemed to accept a new sub-processor unless you object within the relevant notice period;
that, where you reasonably object to a new sub-processor, we may end this contract or discontinue the part of the Service that requires that sub-processor;
to impose data-protection obligations on our sub-processors that are substantially equivalent to those applying to us under this agreement;
that we will remain responsible to you for the performance of our sub-processors’ relevant obligations;
to take reasonable steps to help you comply with your own applicable data-protection obligations, including obligations relating to data-subject requests, security, personal-data breaches and data-protection impact assessments;
unless the law requires us to retain it, to delete the Data 14 days after the contract ends or earlier if you request this;
to allow you to download Data before deletion in CSV format or another format we specify;
to provide information reasonably necessary to demonstrate our compliance with the obligations in this section;
to allow and reasonably cooperate with audits and inspections carried out by you or an auditor appointed by you, subject to appropriate confidentiality, security and operational requirements; and
to tell you promptly if we believe that an instruction you give us infringes applicable data-protection law.
26. Governing law and courts
26.1
This contract is governed by English law.
Subject to any mandatory rights available to Consumers, disputes relating to this contract will be determined by the courts of the United Kingdom.
If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms affects your right to rely on those mandatory provisions.
27. General provisions
27.1
We may send notices under this agreement to the most recent email address you have provided to us.
You may send notices to the contact email address stated below.
The headings in this agreement are included for convenience only and do not affect its interpretation.
If any provision of this agreement is found to be invalid, ineffective or unenforceable, the remaining provisions will continue to apply.
If either party delays or fails to enforce a right arising from a breach of this agreement, that right may still be enforced later.
A person who is not a party to this agreement has no right to enforce it unless this agreement expressly states otherwise.
You and we are independent contracting parties. Except where this agreement expressly states otherwise, nothing in this agreement creates an agency, employment, partnership, joint-venture or representative relationship between you and us.
28. Additional Store terms relating to the App
28.1
If a third party claims that the App, or your possession or use of the App, infringes that third party’s intellectual property rights, we, rather than the Store, will be responsible for investigating, defending, settling and resolving that claim.
28.2
The following provisions apply where Apple Inc. is the Store:
If the App fails to comply with an applicable warranty, you may notify Apple. Where applicable, Apple may refund the purchase price paid for the App.
To the maximum extent permitted by law, Apple has no other warranty obligation in relation to the App.
Subject to these terms and conditions, we will be responsible for any other claims, losses, liabilities, damages, costs or expenses arising from a failure of the App to comply with an applicable warranty.
We, rather than Apple, are responsible for addressing claims made by you or another person relating to the App or your possession or use of the App, including:
product-liability claims;
claims that the App fails to comply with an applicable legal or regulatory requirement; and
claims arising under consumer-protection, privacy or similar legislation, including claims relating to the use of HealthKit or HomeKit frameworks where applicable.
28.3
You acknowledge that the Store and its subsidiaries are third-party beneficiaries of this agreement.
The Store will have the right, and will be deemed to have accepted the right, to enforce the relevant provisions of this agreement against you as a third-party beneficiary.
28.4
You confirm that:
you are not located in a country subject to a United States Government embargo or designated by the United States Government as a country supporting terrorism; and
you are not included on a United States Government list of prohibited or restricted parties.
29. Complaints
29.1
If you have a complaint about ApariSolo or the Service, please contact us using the contact details below.
We will aim to review and respond to your complaint within a reasonable period.
30. Company information
30.1
Company name: Apari Software Ltd
30.2
Trading name: ApariSolo
30.3
Country of incorporation: England and Wales
30.4
Registered company number: 11943201
30.5
Registered office:
71–75 Shelton Street
London
WC2H 9JQ
United Kingdom
30.6
Contact address:
Hunningham Grange
Long Itchington Road
Hunningham Hill
CV33 9EF
United Kingdom
30.7
Contact email address: support@apari-digital.com
30.8
Other contact information: Please see the contact page on our website.
30.9
VAT number: GB349479545
Right to Cancel
The following provisions apply where you have a legal right to cancel this contract, as explained above.
Your right to cancel
1.
You have the right to cancel this contract within 14 days without giving a reason.
2.
The cancellation period will expire 14 days after the date on which the contract is entered into.
3.
To exercise your right to cancel, you must inform:
Apari Software Ltd
Hunningham Grange
Long Itchington Road
Hunningham Hill
CV33 9EF
United Kingdom
You may contact us using the email address stated above.
You must provide a clear statement confirming your decision to cancel, such as a letter sent by post or an email.
4.
To meet the cancellation deadline, it is sufficient for you to send your cancellation notice before the cancellation period expires.
Effects of cancellation
5.
If you validly cancel this contract, we will reimburse all payments received from you, subject to any lawful deduction described below.
6.
We will make the reimbursement without undue delay and no later than 14 days after the date on which we are informed of your decision to cancel.
7.
We will make the reimbursement using the same payment method that you used for the original transaction unless you expressly agree to another method.
You will not incur a fee as a result of the reimbursement.
8.
If you asked us to begin supplying services during the cancellation period, you must pay us an amount proportionate to the services supplied before you notified us of your decision to cancel, compared with the full services covered by the contract.
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